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    • What travellers need to know ahead of a potential WestJet pilot strike

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    More than 1,000 WestJet pilots across Canada are preparing for the picket lines this month as a union claims the employees have been overworked and underpaid, while the airline argues they're being fairly compensated.

    The potential strike has thousands of travellers on edge amid what has already been a year of delays and flight cancellations from several Canadian airlines, including WestJet.

    . The pilots will be able to - and ALPA says plan to - begin "lawful job action" as of 3 a.m. on May 19.

    Complaints to the Canadian Transportation Agency have sky-rocketed recently, with more than 42,000 filed in the last year, nearly 2,000 of which involved WestJet in December alone. Many of the complaints came after passengers were denied compensation for cancelled flights due to a major snowstorm.

    With the threat of a strike looming, president of the non-profit Air Passenger Rights organization Gabor Lukacs says the need for improved passenger protection rules has increased. He says a labour dispute should be considered a situation within the airline's control, prompting questions about the strike’s impact and whether passengers will be compensated in the event of cancellations and delays.

    "Ultimately, this is really troubling. It's a wake-up call for Canadians that our system of passenger protection is inadequate," Lukacs told CTVNews.ca in a phone interview on Tuesday, May 9.

    WHY ARE WESTJET PILOTS THREATENING TO STRIKE?

    The union representing WestJet pilots, Air Line Pilots Association (ALPA), said in a news release that employees in Calgary, Vancouver and Toronto are calling for a pay increase and noting the airline’s high turnover rate.

    The union says WestJet has been losing 30 pilots per month and on average, and that a pilot will seek different employment every 18 hours.

    “It is well known that WestJet currently has a pilot attraction and retention problem. Those of us here today are fighting to change that,†ALPA president Capt. Jason Ambrosi said in a news release. “Our goal is to secure a contract that will help make this airline a career destination for pilots once again.â€

    Capt. Bernard Lewall, WestJet ALPA master executive council chair, recently told CTV News Channel that WestJet pilots are among the "lowest paid in North America, if not the world."

    For its part, WestJet released a statement on Monday saying the company "acknowledges the importance of our pilots, while at the same time secures WestJet’s financial future and avoids unnecessary disruption for Canadian travellers and communities."

    Additionally, the airline says its 737 pilots are among the "top Canadian income earners across all professions," and the wages the ALPA is proposing could impact the airline's ability to provide "affordable" air travel for Canadians.

    ARE AIRLINES PILOTS ALLOWED TO GO ON STRIKE? WHEN WOULD IT START?

    While it may be an inconvenience to passengers, Lukacs says the 1,800 pilots under the union are well within their constitutional right to strike if they deem it necessary.

    "They have every legal right to strike and personally I do support the pilots in their bid to strike," he said.

    IF MY FLIGHT IS CANCELLED, WILL I GET COMPENSATION?

    Tom Oommen, director general of communications at the Canadian Transportation Agency, says travellers have the right to be re-booked for another flight, regardless of carrier, within 48 hours if their flight is cancelled for reasons beyond the airline's control.

    "If a flight disruption is outside airline control, if the airline is not able to rebook a passenger within 48 hours of the original departure time, the airline must offer a refund to the passenger and this refund has to be paid to the passenger within 30 days," Oommen told CTVNews.ca in a phone interview on Tuesday.

    While this rule was recently introduced to the CTA's Air Passenger Protection Regulations in September 2022, Lukacs says the APPR rules are not up to par with other airline passenger protection systems such as those in Europe, where travellers are entitled to additional compensation or coverage for expenses like meals and hotel accommodations in the event of a strike.

    The CTA describes staffing issues as being considered within an airline’s control, suggesting a passenger might be entitled to some compensation, depending on when a flight is cancelled.

    However, it specifically lists “a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider,†as being considered outside its control, suggesting passengers would not be compensated.

    And when passengers do qualify, it’s limited to providing assistance, offering alternate travel arrangements or refunds, and up to $1,000 for inconveniences.

    "In Canada you don't get meals, you don't get accommodation, you don't get lump sum," Lukacs said, despite his belief that this strike would be within the airline’s control.

    Oommen recommends travellers stay up to date with the latest developments of the strike and keep note of the impacts to their travel as they unfold in case they wish to submit a complaint.

    "If ever a passenger wishes to bring a complaint to the agency, that complaint would be based on the specific facts of the case and it's important to keep good notes," Oommen said.

    WHAT COULD THIS MEAN FOR WESTJET?

    Recently, Transport Minister Omar Alghabra proposed legislation that would increase penalties and place the responsibility on airlines to prove why they shouldn't pay travellers compensation for disruptions beyond their control.

    However, both the Air Passenger Rights organization and the Public Interest Advocacy Centre (PIAC) say the proposed amendment will only create more loopholes for airlines and wouldn't help protect passenger rights.

    "They're creating a major loophole where the airlines can avoid compensation if they just sign in compliance agreements," Lukacs said.

    Both advocacy groups are calling for Canadians to support Bill C-327, which sets out to increase financial compensation for passengers experiencing delays, cancelled flights or denial of boarding not caused by "extraordinary circumstances."

    Lukacs said in the event of cancelled flights followed by a strike, it would come as no surprise if WestJet is hit with a class-action lawsuit if they refuse to compensate travellers.

    "They could refuse to pay until they are being ordered to pay or being forced to pay, but will they be able to get away with it? I highly doubt it. It could even be grounds for class action and I would expect that in that case, there's sufficient grounds to very heavily crack down on WestJet," he said.

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