Travelling by air can be a source of stress, especially when things go wrong. But what if you could turn that frustration into compensation? The key is to be prepared, and that means knowing your air passenger rights.
Canada, like the UK and the EU, has air passenger protection regulations. These laws require airlines to pay you compensation for delayed flights, cancelled flights, or denied boarding. The next sections will help you understand how this regulation works.
Canada's Air Passenger Protection Regulations (APPR) are Canada’s bill of rights and were finalized and adopted by the Canadian Transportation Agency in 2019. Simply put, they protect you from flight disruptions, giving you the right to compensation for:
The compensation amounts vary based on how long the delay was and of the size of the airline.
For example, if Air Canada overbooks your flight from Toronto to London, you might be denied boarding. In that case, you’re entitled to compensation under the APPR. The rules require the airline to offer you a new flight and a refund, since overbooking is fully within their control.
Under Canadian law, airlines must pay you compensation for delays and cancellations they can control. This does not include safety-related issues. This means that if the airline was responsible for the delay or cancellation, it must:
On the other hand, weather conditions, political unrest, or a security threat are not the airline's responsibility. In these cases, carriers do not have to pay compensation. However, they must still help you reach your destination quickly.
Under Canadian law, smaller airlines like Swoop and Porter Airlines must pay less for flight delays or cancellations. On the other hand, air carriers that have serviced over 2 million passengers in the past 2 years are considered large airlines and will follow slightly different rules. This means that if you have booked with Air Canada, Emirates, Lufthansa, West Jet, you will be eligible for a higher compensation.
Compensation for flight delays depends on the length of the delay at arrival at your final destination.
If the delay is the airline’s fault—like a crew shortage, technical issue, or scheduling mistake—you may be owed compensation as well as care. For delays over 3 hours, the airline must rebook you on another flight or refund your ticket, and provide meals, drinks, and hotel accommodation if needed.
Compensation depends on the length of the delay. Smaller airlines follow the same rules but with lower payout amounts. If the delay is due to weather, security, or other events outside the airline’s control, no compensation is paid, but the airline must still update you and offer basic care. The table below breaks down how much flight delay compensation you can claim in Canada.
| Length of delay at arrival | Large airline compensation (CAD) | Small airline compensation (CAD) |
|---|---|---|
| 3–6 hours | CA $400 (~£295) | CA $125 (~£92) |
| 6–9 hours | CA $700 (~£516) | CA $250 (~£185) |
| More than 9 hours | CA $1,000 (~£738) | CA $500 (~£370) |
If your flight is cancelled in Canada, your rights depend on the reason and whether the airline had control over the situation. When the cancellation is within the airline’s control—such as staffing problems or operational issues—they must rebook you on another flight or give you a refund, whichever you prefer. If this change delays your arrival by more than three hours, you may also be entitled to compensation:
Smaller airlines follow the same rules but with lower compensation amounts.
The airline must also provide food, drinks, and hotel accommodation if an overnight stay is needed. If the cancellation is due to something outside the airline’s control—such as bad weather, security concerns, or air traffic restrictions—no compensation is owed, but the airline must still keep you informed, offer rebooking, and provide care where required.
Overbooking, or “bumping,” happens when more tickets are sold than the number of available seats on the plane. Under the Canadian regulations, in the case of overbooking, air travelers who get involuntarily bumped from their flight are eligible for compensation. If the airline is responsible for the denied boarding, they must provide a new flight and pay compensation for the trouble caused.
The amount you can get depends on how long the delay is. This is calculated when you arrive at your final destination.
Passengers have a specific timeframe in which to file a claim. You are entitled to file a written claim for compensation within 1 year from the date on which the incident occurred, whether it's a flight delay, cancellation, or denied boarding. It is highly advisable to gather and retain all relevant documentation—including flight tickets, boarding passes, receipts for any expenses incurred, and any communication with the airline.
Upon receiving a passenger's claim, the airline is legally required to respond within 30 days. During this period, the carrier must take one of two actions: either pay the compensation owed to the passenger or reject the claim.
If the airline chooses to reject the claim, it must provide a detailed and clear justification for its decision. A simple or vague statement is not sufficient; the airline's explanation must be robust enough to allow the passenger to understand the reasoning behind the rejection.
If you disagree with the airline's decision or if you do not receive a response within the 30-day period, you have the right to escalate your complaint. The next step is to file an official complaint with the Canadian Transportation Agency.
But if you want to skip the stress, you can just submit your claim for compensation with SkyRefund.
In case you have boarded your plane, but it does not take off on time, and you are forced to spend long hours on the tarmac, you are entitled to :
If the plane stays on the tarmac for more than 3 hours, passengers should be allowed to get off the plane.
The only exception to this rule is when the plane is likely to take off in the next 45 minutes. In this case, the pilot can stay on the tarmac as long as needed. This will help avoid more delays or cancellations. The goal is to minimize the inconvenience caused to travellers. The above standards of treatment, like ventilation, food, and drink, must be provided for this longer time too.
The Montreal Convention (to which Canada is a party) determines an airline’s liability in case of luggage lost or damaged during international flights. Under the Canadian Bill, airlines must take responsibility for lost or damaged baggage. This rule applies to all domestic flights.
You have 7 days to file your complaint with the airline. Claims for potentially lost luggage must be submitted within 21 days after the day of originally expected arrival.
Under the Canadian law, airlines will have to make sure they seat children close to their parents free of charge.
In response to years of advocacy from the Canadian Automobile Association (CAA), Canada adopted its own comprehensive regulations to align with similar rules already in place in Europe (EU261) since 2004 and in the USA. This led to the creation of the Canadian Air Passenger Protection Regulations (APPR). These rules require airlines to pay passengers for flight disruptions.
The airline industry was unhappy with the new regulations. Several air carriers, including Air Canada, Porter Airlines, and the International Air Transport Association, protested them. This caused a court dispute.
However, on October 4, 2024, the Supreme Court of Canada ruled against the airline industry. They confirmed that airlines must compensate passengers.
Going through a flight disruption can be a real headache, which is why we're here to take the stress out of it for you. With over eight years of experience helping passengers worldwide, SkyRefund is ready to fight for your rights.
Take a look at a couple of our successful cases:
Your flight disruption could be our next success story. Simply submit a claim with SkyRefund and we’ll handle everything else. Best of all, we work on a ‘No win, No fee’ basis, which means you only pay us if we successfully get your compensation for you.
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