02/22/2013 01:09 EST | Updated 04/24/2013 05:12 EDT

Is the Air Passenger Bill of Rights Ready to Take Flight?

An increasing number of Canadians are supportive of NDP MP José Nunez-Melo's Air Passenger Bill of Rights, which has received plenty of attention this month following a deplorable flight delay aboard a Sunwing Airlines flight on February 8. But more public pressure is needed to sway the ruling Conservatives.

Flickr: markyharky

Report by Adrian Brijbassi Managing Editor

The Conservative Party may not be in support of the Air Passenger Bill of Rights, but an increasing number of Canadians are, according to José Nunez-Melo. He is the NDP Member of Parliament who introduced Bill C-459 in December and that proposed legislation has received plenty of attention this month following a deplorable flight delay aboard a Sunwing Airlines flight on February 8.

Passengers were kept on board for more than 13 hours as they waited to depart Toronto's Pearson International Airport on a flight headed to Panama and Costa Rica. Since that debacle, public outrage has helped galvanize support for Nunez-Melo's private member's bill, but he says more public pressure is needed to sway the ruling Conservatives.

"Our offices started receiving many, many emails and letters and messages of support from the public after its recent hearing," Nunez-Melo told me during an interview on Thursday afternoon.

Bill C-459 had a hearing in Parliament on February 7 and will be debated a second time on March 21 in front of the Standing Committee on Transport, Infrastructure and Communities. That committee is headed by Larry Miller, the Conservative MP for Ontario's Bruce-Grey-Owen Sound riding. Miller has said he will be opposing the bill "because, at the end of the day, my big fear here is that it is going to drive up costs to the airlines and that in turn will drive up airfares."

Nunez-Melo, however, insists that better business practices by airlines will save Canadians money, time and aggravation.

"Most of the delays are not weather or security matters, but operational problems from the airlines, things like pilots that are late, refuelling problems, delivery of the meals not being on time," said the representative of Laval, Quebec. "It is the airline that has to be responsible for that, but when that happens, you don't have any rights as a passenger."

Flight Rights Canada, which was made into law in 2008, says airlines must offer meal vouchers to passengers on flights delayed four hours or more. For flights with delays of more than eight hours, the compensation includes an overnight stay at a hotel and transfer to and from the airport to the lodging. Many airlines also voluntarily add in coupons for passengers when they book their next flight. Sunwing Airlines passengers received $25 in meal vouchers and $150 coupon code when they book their next flight with the airline (should they choose to do so).

Nunez-Melo contends that the mandatory compensation offered to Canadian passengers is far too low and that the airlines need to be forced to do more for their customers. His bill doesn't go as far as legislation in the United States, where the Department of Transportation can fine an airline $27,500 per passenger if a plane is delayed three hours and those aboard are not allowed to disembark. American Eagle Airlines received a $900,000 fine for an excessive tarmac delay in 2011.

On top of existing compensation for Canadian passengers, Bill C-459 -- dubbed the Air Passenger Bill of Rights -- would see up to $600 in compensation for fliers grounded because of cancellations or overbooking, the practice where airlines oversell their planes to mitigate against losses due to cancellations. Airlines would also be required to give passengers timely updates on issues related to delays and misplaced luggage. In Europe, travellers have enjoyed protections since 2005 and Americans continue to see more consumer protections through that nation's Air Passenger Rights legislation.

To read more of the exclusive interview with José Nunez-Melo and to find out how to get involved, visit