The Canadian government has introduced compensation for passengers who suffer delayed or cancelled flights. The compensation applies to all flights into and out of Canada and internal flights. They have also introduced compensation levels when passengers are bumped off flights.
The compensation amounts are based on the European EC261/2004 however, the Airlines have won a few key concessions as we will discuss later under “Exceptions”. The Airlines will be liable to pay compensation if the delay is the fault of the Airline. These regulations came into force 15th July 2019 for denial of boarding and 15 December 2019 for delay and cancellation.
Unlike in Europe where mechanical failure would lead to compensation under the proposed bill as it currently stands,there would be no compensation for such delays.
Currently if a passenger flies into Europe on an EU registered carrier and is delayed due to mechanical issues they will be compensated unless the airline can prove it was due to a limited number of extraordinary circumstances. However, under Canadian Regulations when flying from Canada on a Non EU registered carrier there will be no compensation. Thus proving the Canadian equivalent regulations are not as robust as European Regulations.
Under the proposed regulations most passenger will not be entitled to compensation unless they can prove it was within carriers control and not due to safety issues. This means most passengers will be unable to proceed since they will need the airline to co-operate by divulging information on whether the fault was safety critical.
The new regulation limits the compensation payable by smaller airlines to half that of the bigger airlines. A smaller airline is defined as one carrying less than 2,000,000 passengers per annum. The amounts of compensation due from regional airlines are too small. This will probably fail to attract Flight compensation lawyers and lead to passengers being without redress.
Compensation for delays and Cancellation
Large carrier (2 million or more passengers PA) Small Carrier
Over 3 hours C$400 C$ 125
6 to 9 hours C$ 700 C$ 250
Over 9 hours C$ 1,000 C$ 500
Over 3 hours C$ 900
6 to 9 hours C$ 1,800
Over 9 hours C$ 2,400
Compensation for lost Baggage
Up to C$ 2,100
Comparison between EU261/2004 regulations and the new Air Passengers Regulations
As the legislation stands the following would not qualify for EU261/2004 compensation as they are deemed to be beyond the control of the Airline.
- (a) war or political instability;
- (b) illegal acts or sabotage;
- (c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
- (d) instructions from air traffic control;
- (e) a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
- (f) a security threat;
- (g) airport operation issues;
- (h) a medical emergency;
- (i) a collision with wildlife;
- (j) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;
- (k) a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and
- (l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.
In addition a delay, cancellation or denial of boarding that is attributable to an earlier flight is also deemed to be outside the carrier’s control if the carrier took all reasonable measures to mitigate the impact of the delay, furthermore obligations within the carrier’s control which concern safety issues are also deemed for the purposes of the Act to be outside the carriers control.
Situation within Airlines control Compensation
Situation within Airlines Control but required for safety purposes No Compensation
Situation outside Airline control No Compensation
Situation due to earlier flight that was outside the Airlines control No Compensation
If you have been on a flight that has been delayed for over three hours then use contact us and we will be pleased to help with your claim. We have relationships with most of the leading carriers and hope to be of service.
Flight Delay Pay is a team of travel and legal professionals with vast knowledge and many years of experience working with European Passenger Rights. We work with airlines and passengers all over the world and take on claims up to 6 years back. If you think your claim fits within the eu261 regulations then claim with us now! Let us take the strain and handle your claim. No win, no fee!