Passenger rights advocates are raising alarm bells about a proposed change that would give the country’s transport watchdog new powers to penalize air travellers for breaching confidentiality rules.

In an online post last month, the Canadian Transportation Agency put forward an amendment that would allow it to fine airline customers who break confidentiality on complaints they file with the regulator.

Under the current complaint resolution process, customers and airlines are barred from publicly disclosing the outcome of complaints on matters ranging from accessible travel to refunds and compensation for a cancelled flight — unless both parties agree to waive confidentiality.

Gabor Lukacs, president of the Air Passenger Rights advocacy group, said the would-be regulatory change adds teeth to an existing “gag order” and discourages passengers from spreading the word on what their fellow travellers could be owed.

“Even if the fine was under $50, the very idea that people could be fined for exercising their freedom of expression is appalling,” he said.

“What is truly exceptional is that an agency would attempt to regulate anybody who is outside the transportation sector.”

The CTA said the rule would merely add standard enforcement powers to a confidentiality provision that was legislated by Parliament.

It also said the move does not mean the regulator plans to flex its authority in this area, or that many complainants are discussing their case in breach of the law.

“The updates through this designation exercise are not the result of the observation of any systemic issue, and do not signal the CTA’s intent to use these authorities for the purpose of enforcing confidentiality, either with airlines or passengers, or that any penalties will be applied automatically,” said spokesman Jadrino Huot in an email.

Complainants can talk publicly about their travel experience, he noted. But the complaint resolution process, including all documents and information submitted as well as the decision, “cannot be made public.”

The transportation agency did not lay out the fine amounts in its email. The Canada Transportation Act caps penalties against individuals at $5,000, but the agency can set lower ceilings in its regulations.

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