Location: National

Issue/Source: Various media reports

Date: January 9, 2023

Suggested Responses

  • While disruption was inevitable given the unique weather conditions during a particularly busy period, the events over the 2022 holiday season highlight important challenges in Canada’s air transport sector as it continues to recover from the impacts of the pandemic.
  • We are working with sector stakeholders to improve processes for the treatment of passengers and to increase the resilience of our air transport system.
  • While these events were triggered by uniquely extreme weather that operators could not control, I expect air carriers to honour their obligations under the Air Passenger Protection Regulations. 
  • I appreciate that Sunwing has recognized that there were problems in the delivery of service to Canadians over the holidays and committed to providing compensation in keeping with the Air Passenger Protection Regulations.

If pressed on Sunwing’s Temporary Foreign Pilots

  • Sunwing has, in the past, regularly used foreign-based crews through the Temporary Foreign Worker Program to augment its capacity in the busy winter season.
  • Each application for approval under this program requires a Labour Market Impact Assessment, which falls under the purview of Employment and Social Development Canada (ESDC), and any questions pertaining to this assessment should be directed to ESDC.

BACKGROUND INFORMATION

Air Travel Disruptions during the Holiday Season

  • Canada and United States faced a spike in flight disruptions over the holiday period, with a major impact on travellers. Given the unprecedented scale, severity and duration of adverse weather across Canada over the busy holiday travel period, major travel disruptions were inevitable and unavoidable, in all modes: air, rail and road. In terms of impacts in Canada’s air sector:
    • During the period December 20-27, delayed flights peaked at 71% at Toronto-Pearson, 74% at Vancouver, and 75% at Montréal-Trudeau and Calgary. Cancelled flights during the same period peaked at 37% in Toronto, 62% in Vancouver, 29% in Montréal and 31% in Calgary. Delays and cancellations have since stabilized and are trending downward.
    • On December 22, WestJet pre-emptively cancelled approximately 270 flights out of Ontario, Québec and British Columbia.
    • Vancouver airport restricted inbound international flights for two days just before Christmas to clear its backlog.
    • Sunwing’s operations suffered a major breakdown. On December 29, 2022, Sunwing reported that over 120 flights were delayed and approximately 36 flights cancelled, and approximately 31,000 passengers were severely impacted by the service disruptions.
    • Delays, cancellations, and technical problems resulted in a major accumulation of baggage which is to be expected after a significant disruption.
  • While many operations were quickly reinstated as the weather passed, Sunwing experienced particularly profound disruptions, which it has acknowledged. However, these disruptions have drawn attention to the treatment of passengers during such situations and potential issues surrounding compliance with the Air Passenger Protection Regulations (APPR).
  • Delays and cancellations in Canada resulted in cascading effects with many Sunwing passengers unable to travel abroad for various days, and others unable to return (approx. 31, 000 travellers seriously affected). The airline contracted five different airlines to help repatriate passengers from several destinations, but mechanical issues with some of these flights increased wait times further.
  • Sunwing noted that it will pay compensation to passengers for flights that were delayed or ultimately cancelled due to reasons within a carrier’s control, such as crew-related reasons (e.g., not attributable to weather) and provided hotel accommodation and food for passengers delayed in destinations regardless of the cause for the delays.

Sunwing’s Application under the Temporary Foreign Worker Program

  • In response to Sunwing’s capacity challenges over the holiday season, the airline announced on December 29, 2022, the immediate cancellation of all flights out of Regina and Saskatoon until February 3, 2023, noting that its application under the Temporary Foreign Worker Program (TFWP) was denied.
  • Sunwing has, in the past, regularly used foreign-based crews and aircraft to augment capacity in the busy winter season, while sending its own crews and aircraft to Europe under similar arrangements in the summer. 
  • Each application for approval under the TFWP requires a Labour Market Impact Assessment to demonstrate need for foreign workers to fill the job, and that no Canadian worker or permanent resident is available. This assessment falls under the purview of Employment and Social Development Canada (ESDC), and any questions pertaining to this assessment should be directed to ESDC.
  • For travellers affected by the upcoming cancelled flights, the airline noted that impacted customers with cancelled southbound departures will receive a full refund to their original form of payment and that no action is required from customers given that refunds will be processed within 30 days.

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