Airlines Accused of Misusing Maintenance Exemptions to Deny Passenger Compensation
Investigations revealed that Air Canada and WestJet cancelled flights citing safety-related maintenance, reassigned aircraft to other routes, and denied passenger compensation. The Canadian Transportation Agency ordered Air Canada to compensate one passenger after finding misrepresentation but declined to issue penalties, prompting calls for stricter regulations.
CBC Go Public investigations have revealed that both Air Canada and WestJet cancelled flights citing safety-related maintenance, used those working planes on other routes, and denied passengers compensation. 
Transport Minister Steven MacKinnon faced questions regarding the practice but stated he is reluctant to give direct instructions to the Canadian Transportation Agency (CTA), describing it as an independent agency. Conservative MP Dan Albas questioned MacKinnon about whether swapping aircraft to another route qualifies as a safety exemption under current regulations.
The issue was highlighted by the case of Juan Rojas, a Gatineau resident whose flight from Montreal to Bogota was cancelled due to what the airline described as "unforeseen aircraft maintenance." Air Canada initially denied him compensation. The airline submitted documents to the CTA claiming a plane was taken out of service after being struck by a catering truck, but Rojas discovered this was a different aircraft than the one assigned to his flight.
The CTA sided with Rojas and ordered Air Canada to pay him compensation, but declined to issue an administrative penalty against the airline. Under current rules, the maximum compensation for delayed flights within an airline's control is $1,000.
In a response to Go Public, Air Canada stated that moving planes, cancelling flights, and denying compensation is a "commercial decision." This position conflicts with previous CTA decisions requiring compensation unless mechanical issues directly cause cancellations. 
Gabor Lukacs, founder of Air Passenger Rights, expressed concern over unpunished dishonest behavior and suggested profit-altering fines are necessary to stop such practices. Consumer advocates continue to call for changes to the Air Passenger Protection Regulations to close maintenance loopholes.