What You Need To Know About The Canadian Transportation Agency Flight Delay Compensation Rules

Is your Canadian flight delayed or cancelled? You might be entitled to compensation under the new Canadian Transportation Agency flight delay compensation rules. We breakdown your rights as a passenger.

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Fasten your seat belts, dear readers. You're in for one heck of a post. In 2019, a whole new set of rules and regulations about flight delays came down in Canada. And boy, were they new. For the first time ever, delayed passengers on flights in, out, and around Canada are entitled to some actual serious compensation.

But - and this may utterly surprise you - airline regulations are DULL. And confusing! And not exactly designed to be user friendly and easy to understand for the average passenger. Thus, I've tried to break things down into real terms that a jet lagged frequent flyer can easily understand. 

Who, what, where, when

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Did you know that there are three sets of rules an airline flying in Canada must follow?

Airlines have to follow the rules set by the Canadian Transportation Authority, which are known as the Air Passenger Protection Regulations. They also have to follow the rules set by the International Civil Aviation Organization’s Montreal Convention.  Finally, they have to follow the rules - aka the terms and conditions - in their tariff, which is the contract between you and them when you buy a ticket. 

If you're thinking that's a whole lot of rules and that they sometimes come in conflict with each other - you're right. But knowledge is power and it pays to be an informed consumer. Thus, we're taking a deep dive into the first set of rules, those set by the Canadian Transportation Authority. 

Everything in this post applies to fights to, from, and within Canada. These rights apply to all passengers - Canadian or not - on all airlines flying to Canada, from Canada, and within Canada, including connecting flights, regardless of whether or not the airline itself is Canadian.

Crucial definitions

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Flights can be delayed or cancelled for a million and one reasons, but for the purpose of this blog post about the Canadian Transportation Agency flight delay compensation rules, we're going to narrow all these reasons down to just three: There are situations within the airline's control, there are situations that are within the airline's control but are required for safety, and there are situations outside the airline's control.

The bulk of this post will cover situations that are within the airline's control - because that's where all the passenger compensation is! These are circumstances that come as a result of commercial and corporate decisions, such as staffing issues, aircraft preparation activities, decisions to consolidate flights due to low demand, disruptions due to routine and scheduled maintenance - as well as any extra work that's needed as a result of this maintenance.

In other words - airlines should take reasonable steps to set aside a sensible amount of time and resources for aircraft maintenance, for staff issues to be resolved, and so on. When they mess up and passengers are inconvenienced, airlines have to step up and make it better.

The next category is a bit of an odd one: Things that are within the airline's control but are required for safety. Uh, isn't EVERYTHING required for safety? Pretty much, but for these rules, they're talking about things required by law to reduce risk to passengers. These are often situations where an airline must delay or cancel a flight to follow rules put in place to ensure passengers and the plane are safe. Any delay that is directly caused by an earlier delay or cancellation would be an example. Even if the initial delay was deemed to be within the airline's control, the subsequent flights caught in the ensuing ripple effect fall into this category. Many mechanical malfunctions fall into this category, as do safety decisions made at the pilot's discretion. Alas, there's not much in the way of compensation or support here but we'll still talk about it towards the end.

Last but not least, there are situations that are outside of the airline's control. This includes security incidents, medical emergencies, labor disputes, orders from the authorities, natural disasters, collisions with wildlife, acts of war or political disruption, and - most common of all - bad weather. There really isn't much support for passengers during these circumstances but we'll still share important information about this as you scroll down.

You'll notice that I didn't say a thing about voluntary delays - that's when you, the passenger, volunteer to get on a later flight in exchange for compensation because the airline overbooked their flights.  That's a story for another day.

Let's talk minimum standards

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When a Canadian flight is delayed or cancelled for reasons within the airline's control, the airline must provide a minimum standard of treatment to passengers.

Those standards include timely communication of key information, offering food and accommodations in certain circumstances, providing alternative travel arrangements, allowing for refunds, and providing compensation for inconvenience.

​Here's a deeper look at what some of these things mean. 

How can I keep up to date amid the chaos?

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In the event of a delay, your airline has a responsibility to keep you informed. They must tell you why there is a delay, tell you about the available compensation, and let you know about the standards of treatment you are entitled to.  They're also required to give you regular flight status updates with a new departure time.

Of course, there are times when the staff won't have any updates to give you simply because no one has any new information to pass on. They can't tell you what isn't known! In this case, periodic updates - like acknowledging that they're still waiting and they'll give you an update as soon as possible - counts as good communication.

If you're not given at least 12 hours notice about the delay, airlines must also give passengers access to communication, free of charge, once delays hit the two hour mark. How they do this depends on the circumstances. For example, they could provide access to Wi-Fi, have phones available at the gate for passengers to use, or provide a pre-paid calling card.
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You can see exactly what the new communication standards look like here: Communicating Key Information to Passengers: A Guide.

Will the airlines pay for my food if there's a delay?

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Let's talk about the single most important rule of flying. Never, ever, EVER board an aircraft with the assumption that you will be given food or drink. I flew 15 hours from Sydney to San Francisco and the airline ran out meals for those of us at the back of the plane - for BOTH meals. I never go anywhere now without my own snack, but I digress...

In theory, yes, airlines must provide a reasonable amount of food and drink to passengers who are delayed for two hours or more on account of factors within the airline's control, provided that the airline has not given passengers more than 12 hours notice about the delay. Factors which influence what counts as "reasonable" food and drink include the time of day. A short mid-afternoon delay might result in bottled water and granola bars or other packaged snack food. Another factor is your location. In rural or remote locations, your 'reasonable' meal might be packaged sandwiches, no matter the time of day. 

Reasonable circumstances also depend on when the flight is expected to board. You can't hand out airport food vouchers and have people running through the terminal in search of sandwiches when you're hoping to board in a few moments. 

Having been on the receiving end of airport meal vouchers more than a few times, I'm here to say that the amount they provide for is always far less than what the average meal costs. If you're delayed significantly, you're going to be out money and there's not much you can do about it. To get the most for your voucher, don't be afraid to ask the cafe staff to get a menu item to go (to save on the temptation of ordering extra pricey drinks) and avoid the convenient snack stand next to the cash register that has the priciest treats. 

Will airlines pay for my hotel?

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If your flight is delayed due to circumstances which were within your airline's control, the airline must offer hotel or comparable accommodations. These accommodations must be free of charge to the passenger, be reasonable considering your location, and include transportation to and from the airport. You can expect to provide your ID and credit card number upon check at the hotel to ensure that you - and not the airline - are charged for incidentals. 

Remember, this is all for circumstances in which the airline bears the burden of responsibility. It's an entirely different set of circumstances for things like weather delays, which I get into further down.

Making alternative travel arrangements

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The first thing you want to know when your flight has been delayed is when are you actually going to get to your destination. If you're flying with a large airline, which means an airline that's transported at least two million passengers a year for the past two years, they must book you on the next available flight that is operated by them or by an airline with which they have a commercial agreement. The new flight must take a reasonable route from your originating airport to your final destination AND it must depart within nine hours of the original departure time. 

If the airline cannot meet this obligation within 9 hours, they must book the passenger as soon as possible on a flight operated by any airline on a reasonable route out of the same airport to the passenger's destination. This may mean they have to buy you a ticket  on a competing airline!

If the airline STILL can't meet their obligations from the same airport within 48 hours of the original departure time, the airline must book the passenger as soon as possible from another nearby airport. They will also have to transport the passenger to that airport, free of charge.
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All the above rules also apply to small airlines, which are carriers that have fewer than 2 million passengers a year over the last two years. However, there is one exception. Small airlines are NOT required to book passengers with an airline that they have no agreement with (in other words - they're not required to book you a seat with the competition should they fail to get you an in-house flight within a reasonable time frame.) This makes sense, as there is often no "competition" to speak of in small towns where just one airline serves the community.

Both small and large airlines must also provide a refund for any added services the passenger purchased but did not receive on the alternate flight or any added services they had to pay for a second time. This includes prepaid meals, designated seat selection, and so on. 

As always, keep an open mind about what the term "reasonable" means. Just because you originally booked a direct flight from Vancouver to Calgary doesn't mean your rescheduled alternative flight can't have a layover. On the other hand, it's also reasonable for an airline to *not* reschedule you on the very next alternative flight if there is a more direct route that's leaving just a little bit later. Reasonable doesn't always mean the next possible flight or an identical flight. ​

What about upgrades?

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To the extent possible, airlines must provide alternate travel arrangements comparable to the ones the passenger originally purchased in terms of the class of service the passenger purchased. If the alternative arrangements mean the passenger will be travelling in a higher class of service than originally purchased, the airline must not ask for an additional payment. If the passenger will be travelling in a lower class of service, the airline must refund the difference in cost for the applicable portion of the original ticket.

Let's get something cleared up right away. I've NEVER had my "alternative travel arrangements" result in being upgraded to first class just so I could be squeezed onto the last space on a plane.  If such a heavenly arrangement exists, I've never seen it. The more modest your expectations, the happier you will be with your alternative travel arrangements. ​

Can't I just get a refund if my flight is delayed?

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Even though airlines are obliged to provide you with reasonable alternative arrangements, you're not obliged to accept them. After all, it could very well be the case that your reason for travel will be over once the arrangements have been made. If a wedding or conference will have concluded by the time an airline can fly you there, the trip is rather beside the point. If you want a refund, you're entitled to get it.

The same goes if you're halfway through your trip and on a layover. If there is no point to continue on your trip as planned, the airline has to fly you back home AND refund you the original ticket price, as if no part of the trip had happened at all. 

You're entitled to get your refund back the same way you paid for it. This is an important point because the airline just can't give you a voucher for a future flight. If you paid on your credit card, the cost gets refunded to your credit card. (If you're searching for the best travel credit cards options for Canadians,this post will help!)

By the way, if you opt for a refund over alternative travel plans, you're still entitled to some compensation. Yep - let's talk about money!

Let's talk money: Compensation

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Let's say you're delayed and it's the airline's fault. You deserve some compensation for your troubles, right? Yes! 

If an airline informs passengers that there's going to be a delay and the passengers are given less than 14 days notice from their original departure time, the airline has to compensate them. In other words, if you're told that there's going to be delay it doesn't matter if your flight is two minutes away or two weeks away - you are entitled to compensation, provided the delay is the airline's fault. But if it's more than 14 days, there's no compensation. The reasoning is that when you have 14 plus days, you have enough time to figure things out with a minimal amount of hassle. 

Just how much compensation will you get? That all depends on how late you arrive to your final destination. Large airlines must pay $400 if you arrive between three and six hours late.

Let's put this into real world terms. If your arrival is delayed more than three hours after you were scheduled to land and IF it's the airline's fault and IF it's a large airline, you get $400. 

The amount jumps to $700 when you arrive six to nine hours late and $1000 if you're delayed by nine hours or more.

The rules are a bit different for small airlines. With a small airline, compensation is limited to $125 for delays of three to six hours, $250 for delays of six to nine hours, and $500 for delays of nine hours or more. 

Keep in mind, even if you do elect to take a ticket refund instead of alternative travel arrangements, you are STILL entitled to compensation for your inconvenience. In this scenario, large airlines must pay $400 and small airlines, $125.

By the way, airlines can offer you a voucher or flight credit in lieu of compensation - but you are under zero obligation to take it. If a voucher is offered, it must be for a greater value than the compensation would be in cash and there cannot be any expiry date. 

So how can I claim flight delay compensation in Canada?

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It would be nice to think that the airlines would automatically pay you, but no. You get one year to make a claim. You must file your claim online with the airline you were flying with. Airlines have 30 days to respond by either paying you what you're owed or giving you an explanation as to why you are being denied. 

Double-dipping: Claiming extra compensation

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Way back in 1999, the Montreal Convention established a set of international standards to determine passenger rights and minimum compensation in case of delayed or lost luggage, flight delays and cancellations, and passenger injuries  

I'm going to be honest with you. I've read through the Montreal Convention three times now and I don't understand a word of it. But know this - there are international rules and regulations designed to provide protection and compensation to passengers. If you find yourself seriously mistreated or inconvenienced, you need to look into this. The good news is that you can claim compensation under the Montreal Convention in addition to that which the airline is required to provide. 

There's also nothing stopping you from claiming the perks that come with your credit card (provided you booked your flight with the card in question). Nearly all travel themed credit cards that you pay an annual fee for have a built in travel delay policy that kicks in after just a few hours. Depending on the policy, you can have the cost of your meals, restocking toiletries, and other incidentals paid for. 

For years, the European Union has had regulations to provide passengers with compensation for delayed flights in and out of the EU. For the life of me, I can't figure out if you can file for compensation under both systems - probably not, I suspect but if you have more experience with this, please let me know!

Is there any help for weather related delays? Can I get compensation?

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You'll remember that at the beginning we said that there's three categories to contend with: delays that are within the airline's control, delays that are within its control but are required for safety, and delays that are entirely outside of the airline's control. If you have a delay that is within the airline's control but is still required for safety reasons, the airline does not have to compensate passengers. It does, however, have to meet all other obligations, including the provisions for food, communication, and re-booking.

But when it comes to delays or cancellations outside an airline's control - and that definitely includes weather - passengers are all but totally out of luck. Forget about compensation! All airlines need to do is to follow the communication standards outlined earlier and make alternative travel arrangements for passengers. (We're going to talk more about this but keep in mind that when weather delays are at hand, alternative arrangements may take days to organize. Patience!)

Finding a hotel when you're delayed because of weather

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Some airlines will offer their passengers minor assistance, like a preferred rate with a local hotel, when your flight is delayed due to circumstances beyond their control. Keep in mind that the airline's preferred rate might still be higher than what you can find elsewhere. However, you don't want to take your leisurely time to search and compare. Your window of opportunity will quickly close as more and more passengers need accommodations during a storm. So how exactly do you search for a decent rate without missing out on getting a room altogether?

First, know your airport. Before each trip, I take a quick look at all my airport websites. Okay, I'll be honest here: I'm really scouting out my options for coffee but my research serves me well. I always learn a few little tricks, like if there's a museum or spa within the airport and what hotels are onsite or nearby. 

Secondly, have one all purpose hotel app on your phone that you know and use. You want to have a system you're really familiar with when it comes time to do a quick comparison search. Remember, this is all about getting a safe, clean room first and a not-horrible price second. Your goal is to make sure that, for example's, the airline's preferred rate with the airport Hilton isn't wildly more expensive than the regular rate with the airport Marriott, not to find the deal of the century. When you have even the slightest inkling that there might be delays or even just some bad weather, take a peek at the app to get the lay of the land. Nine times out of ten, you'll never have to act further but just in case, you'll be glad you're forearmed with knowledge. 

Keep in mind that in times like these, proximity to the airport and in-room dining options will count for a lot. You're going to want worry-free transportation links to and from the airport and an easy way to eat. 

There are a lot of great apps out there and I personally use Expedia. You can use it to compare prices here at .com for my American friends and here for .ca for all the Canadians!

What exactly do "alternative travel arrangements" mean?

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Airlines must ensure that passengers complete their journey. If a flight is cancelled OR the delay has reached three hours, the airline must offer to make alternative travel arrangements - and they must be free of charge, even if the delay is due to circumstances entirely out of the airline's control. And they must follow the same scheduled and timelines as if it were in their control.

Of special note to passengers who are delayed due to weather is the 48 hour rule. Your new flight must depart within 48 hours after the end of the event that caused the delay or the cancellation. 48 hours sounds rather reasonable but if your original flight was cancelled due to a snow storm and it takes 7 days for this major storm to clear, you're looking at 7 days plus up to 48 hours just to get on your flight. Add in the fact that what makes for a "reasonable" flight route under these circumstances and you could easily find yourself in transit for 24 hours or more as the airline pieces together several flights for you. 

What happens if the airline can't meet this commitment? If they can't, they must book the passenger as soon as possible on any flight, operated by any airline, on any reasonable route. Yep, they'd have to buy a ticket for you on a competing airline. Obviously they really don't want to give money to the other team so airlines are generally motivated to solve problems for you.

The goal is to get you to your original destination. If the airlines can't provide a reservation for you based on your current location, they must book a flight for you from a nearby airport and transport you to that airline free of charge. For instance, if there are no flights out of Ottawa, a reasonable alternative would be to provide a bus or train ticket to the Montreal airport. In my experience, airline employees often look at this as a last resort and it's probably because so many people hate the idea of being stuck on a bus instead of being on their way to their final destination. But crafty travelers can quickly scope out how many incoming and outgoing flights are delayed at a nearby airport to get the lay of the land and, if things are looking hopeful, don't be afraid to suggest this alternative. Remember: Everyone's goal is to get you home as soon as possible. Provide possible solution whenever you can.

The rules are a bit different for small airlines, those which carry less than 2 million passengers a year. Small airlines are NOT required to book passengers with an airline that they have no agreement with (in other words - they're not required to book you a seat with the competition should they fail to get you an in-house flight within a reasonable time frame.) You're essentially stuck where you are until they can provide a reasonable route home with their own aircraft or a partner company. 

Disputes and documentation

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Delays of any nature bring out the chaos and the crazy. It can be a real challenge to communicate with staff and find out what's really going on. As with all airport and airline snafus, I highly recommend taking notes with a pen and notepad AND taking photos - of receipts, of environmental circumstances, even the notes you made with your pad. In the words of Phoebe Buffet, "It's just good sense to back up your backup."

When travel writers take notes, we try to jot down everything - facts, names, and numbers, of course, but also random details like what people were wearing, what we were eating, how we were feeling. If you can, do the same. It sounds silly but it really does help you to recall details and circumstances down the road.

If you have a serious dispute, and especially if that dispute has to do with the nature of the delay (for instance, the airline says that it's weather related but you believe otherwise), you'll have to take your concerns to the Canadian Transportation Agency's complaint department. The airline will have to demonstrate which category their delay falls into and how they met their corresponding obligations to passengers. 

The best gear to survive delays

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I know I harp on and on and ON about carry on size luggage - and I'm going to do so some more here! Airlines, to their credit, are doing a better job than ever before of reuniting lost suitcases with their owners. But not having your bag on hand makes life MISERABLE during a major delay. In my world, a small suitcase equals sanity.

A portable phone charger and a small Belkin 3 outlet extension cord with multiple standard and USB plugs are two other sanity savers that will make all the difference in the world. The world is chock-full of airports that are nearly devoid of plugs and services.

At some point during a serious delay, you're going to find yourself trying to sleep on the airport floor. Boy, have I met with some floors in my day! An inflatable travel pillow, an eye mask, and ear plugs will be your best friends.

How can I file an airline-related complaint in Canada?

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Here's the website for passenger related airline complaints in Canada. However, your first step should be to contact the airline and see if you can work things out with them directly.

By the way, nearly 10,000 passengers filed complaints between July 2019 and February 2020. If you think your airline was being a bit "creative" with their official reason for the delay, you are not alone. Sadly, the news is awash with stories about airlines not only being uncooperative but downright sneaky in their behavior. to make matters worse, there are reported conflicts of interests within the airline watchdogs' staff. 

I need information on delayed baggage rules, unaccompanied minors, all inclusive pricing or something else covered by regulations. 

Check out the Air Passenger Protection website here. In case you're wondering, you can read the regulations I quote in this post here. 
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