Flight delays and cancellations can be a major source of stress for travelers. Understanding your rights as an air passenger in Canada is crucial, and the Canada Transportation Agency (CTA) plays a vital role in ensuring these rights are protected. This guide, based on official regulations, clarifies passenger rights and airline obligations when flights are disrupted to, from, or within Canada, including connecting flights. It’s important to note that the airline operating the affected flight is responsible for meeting these obligations. This resource outlines different types of flight disruptions and how airline responsibilities vary based on their control over the situation.
An airline’s tariff, essentially a contract of carriage between the passenger and the airline outlining terms and conditions, cannot offer less protection than mandated by regulations. Airlines can, however, choose to offer more favorable terms. This guide also provides practical tips for managing common flight disruption scenarios, offering insights into factors the Canada Transportation Agency considers when handling passenger complaints.
This information is for general guidance only and is not a legal document. For precise legal obligations, refer to the Air Passenger Protection Regulations (APPR) and Annex A. In case of any discrepancies, legislation and regulations always take precedence.
Airplane in the sky
Understanding Types of Flight Disruptions as Defined by the Canada Transportation Agency
When a flight faces delays or cancellations, whether beforehand or on the day of travel, airlines have minimum obligations to passengers. These obligations, enforced by the Canada Transportation Agency, can include assistance (standards of treatment), rebooking or refunds, and compensation for inconvenience up to $1,000. The extent of these obligations is determined by whether the disruption is:
- Within the airline’s control.
- Within the airline’s control but necessary for safety.
- Outside the airline’s control.
These categories are briefly explained below. For a more detailed breakdown, consult Types and Categories of Flight Disruption: A Guide, also available on the Canada Transportation Agency website.
Disruptions Within the Airline’s Control
These situations typically arise from commercial decisions made by airlines during daily operations. Examples include staffing shortages, flight consolidation due to low demand, and other operational decisions. Crucially, scheduled maintenance, including any work to address issues found during maintenance, also falls under the category of disruptions within the airline’s control, according to Canada Transportation Agency guidelines.
Disruptions Within the Airline’s Control, but Required for Safety
This category, as defined by the Canada Transportation Agency, pertains to situations where flight delays or cancellations are legally mandated to minimize passenger risk. “Required for safety” means compliance with laws designed to ensure flight and passenger safety, such as the Canadian Aviation Regulations. Flight disruptions resulting from safety concerns identified during pre- or post-flight checks, which are routine procedures to detect last-minute, unforeseen issues, are examples of this category.
Disruptions Outside the Airline’s Control
This category encompasses delays and cancellations beyond the airline’s control. Examples include security incidents, medical emergencies, severe weather conditions, or directives from government authorities. The Canada Transportation Agency recognizes these events as being outside of the airline’s direct operational control.
Important Note: For tarmac delays, airlines must adhere to all obligations outlined in this guide, depending on their level of control, in addition to specific tarmac delay regulations. Refer to Tarmac Delay Assistance and Disembarkation: A Guide, published by the Canada Transportation Agency, for further details.
Airline Obligations for Disruptions Within Their Control: As Per Canada Transportation Agency Regulations
When a flight is delayed or cancelled due to reasons within the airline’s control, the operating airline, as mandated by the Canada Transportation Agency, must:
- Communicate essential information to passengers.
- Provide assistance to passengers.
- Offer alternate travel arrangements or refunds.
- Provide compensation for inconvenience.
Communication is Key: Airline Responsibilities as Defined by the Canada Transportation Agency
Airlines have specific communication duties when flights are disrupted. The operating airline must provide passengers with key information, including a clear explanation of the reason for the delay or cancellation, without using technical jargon. This information should be detailed enough for passengers to understand the cause of the disruption. Airlines must also inform passengers about potential compensation and assistance, and their rights to file complaints, including with the Canada Transportation Agency.
During delays, airlines are required to provide regular flight status updates at least every 30 minutes until a new departure time or alternate arrangements are confirmed. Any new information, such as changes to departure time, boarding gate, or the reason for delay, must be communicated as soon as possible. All communications must be accessible to persons with disabilities.
For more detailed information on communication obligations, consult Communicating Key Information to Passengers: A Guide, published by the Canada Transportation Agency. This guide outlines expectations for timing and methods of communication.
Assistance for Passengers During Delays: Standards Set by the Canada Transportation Agency
When a flight disruption occurs, the operating airline, under Canada Transportation Agency regulations, must provide the following assistance at the airport if passengers:
- Were informed of the disruption less than 12 hours before the original departure time.
- Have waited for two hours or more since the original departure time.
Food and Drink
Airlines must provide reasonable amounts of food and drink, free of charge. The Canada Transportation Agency expects airlines to consider the following when determining quantity and timing:
- Delay Length and Time of Day: Longer delays and meal times warrant more substantial provisions. A short afternoon delay might require only water and a snack, while longer delays or disruptions during meal times should include more substantial food.
- Airport Location: Food and drink options can vary based on location, especially in remote areas of Canada.
Access to Communication
Airlines must provide free access to communication means. This could include Wi-Fi access, available phones at the gate, or prepaid calling cards, depending on the circumstances and as deemed appropriate by the Canada Transportation Agency.
Overnight Accommodation
If an overnight wait becomes necessary due to the disruption, the airline must offer free hotel or comparable accommodation, including transportation to and from the accommodation. The Canada Transportation Agency emphasizes that accommodations should be reasonable considering the passenger’s location.
Example: If a flight from a remote location is cancelled, and a passenger is rebooked for an early flight the next morning, the airline should discuss accommodation needs. If the passenger lives nearby, they may prefer to stay home. In this case, the airline should cover transportation to and from home. If accommodation is needed, the airline should make reasonable efforts to book a hotel. In remote areas where hotels are scarce, alternative arrangements within a reasonable distance might be necessary.
Limits to Assistance
Airlines may only limit or refuse assistance if providing it would further delay passengers. For example, if boarding is expected shortly after a two-hour delay, providing simple refreshments like water and a snack might be more practical than airport food vouchers that could delay boarding. The Canada Transportation Agency acknowledges this need for practical considerations in assistance provision.
Alternate Travel Arrangements and Refunds: Passenger Options Under Canada Transportation Agency Rules
Airlines must always ensure passengers reach their final destination, either on the original flight or through alternate arrangements. The goal is to get passengers to their destination as quickly as possible. The obligation to provide alternate travel arrangements, free of charge, applies to flight cancellations and delays of three hours or more. According to Canada Transportation Agency regulations, this can be achieved by:
- The airline making alternate arrangements for all affected passengers, with the option for passengers to refuse.
- The airline offering alternate arrangements and implementing them for passengers who accept.
Passengers can accept offered arrangements or opt for a refund if they choose not to travel. Large and small airlines have different obligations for making alternate arrangements.
Large vs. Small Airlines: An airline’s tariff must classify it as large or small. A large airline is defined by the Canada Transportation Agency as one that has transported at least two million passengers in each of the past two calendar years, across its entire network. All other airlines are considered small airlines. Small airlines operating flights for large airlines under commercial agreements (like codeshares) must adhere to large airline obligations for those passengers.
Passenger Tip: Commercial agreements are usually indicated on tickets or itineraries, showing both airlines involved. The first two letters of the flight number indicate the ticketing airline (e.g., AC for Air Canada, WS for WestJet). The itinerary should also specify the operating airline.
Obligations for Large Airlines Regarding Alternate Travel
Large airlines, as defined by the Canada Transportation Agency, must rebook passengers on the next available flight operated by them or a partner airline with a commercial agreement. This new flight must:
- Take a reasonable route from the same airport to the original destination.
- Depart within nine hours of the original departure time.
If a flight within nine hours isn’t available, the airline must book the passenger on a flight with any airline, as soon as possible, that:
- Takes a reasonable route from the same airport to the original destination (potentially including purchasing a ticket on a competitor airline).
- Departs within 48 hours of the original departure time.
If no flight within 48 hours is available from the original airport, the airline must book a flight from a nearby airport, transport the passenger to that airport for free, and ensure the new flight:
- Takes a reasonable route from the nearby airport to the original destination.
Reasonable Route Example: For passengers on a cancelled direct flight from Punta Cana to Vancouver, a large airline must consider reasonable routes for rebooking. An option with connections in Toronto and Edmonton, arriving 28 hours late, might not be reasonable given the original direct flight. A slightly later direct flight would likely be more reasonable, according to Canada Transportation Agency expectations.
Obligations for Small Airlines Regarding Alternate Travel
Small airlines, as defined by the Canada Transportation Agency, must book passengers on the next available flight operated by them or a partner airline with a commercial agreement, taking a reasonable route from the same airport to the original destination. They are not obligated to book flights with airlines outside of their commercial agreements.
Comparable Conditions and Services
Airlines must strive to provide alternate travel arrangements comparable to the original booking in terms of class of service and purchased added services. If passengers are upgraded, they should not be charged extra. If downgraded, they are entitled to a refund for the difference. Refunds are also due for prepaid services not received or paid for again on the alternate flight. For example, if a prepaid meal is unavailable, the airline must refund the cost. These standards are enforced by the Canada Transportation Agency.
Flight Diversions
If a flight diverts to a different airport, the airline (large or small) must transport passengers to the airport on their original ticket, unless the passenger declines. For example, if diversion is to another airport in the same city, the airline may need to provide shuttles or taxis to the original destination airport. The Canada Transportation Agency expects airlines to manage diversions effectively and minimize passenger inconvenience.
Refunds as a Passenger Right
If alternate travel arrangements offered by an airline (large or small) do not meet a passenger’s needs, they are entitled to a refund. If the disruption makes the trip pointless and the passenger is away from their origin (e.g., at a connecting point), the airline must provide a flight back to the origin, free of charge, and refund the entire ticket. In other cases where alternate arrangements are unsuitable, a refund for the unused portion of the ticket is required. The Canada Transportation Agency ensures these refund rights are upheld.
Refund Methods and Timelines
Refunds must be issued to the original purchaser, using the original payment method. Airlines can offer alternative forms of refund, such as vouchers, but only if they:
- Do not expire.
- Inform the passenger in writing of the ticket value and their right to a refund via the original payment method.
- Receive written confirmation from the passenger acknowledging their right to the original refund method and their choice to accept an alternative.
Airlines must provide refunds within 30 days, regardless of the refund format. The Canada Transportation Agency monitors airline compliance with these refund regulations.
Compensation for Inconvenience: Passenger Entitlements Under Canada Transportation Agency Rules
Airlines should provide passengers with timely notice of delays or cancellations. If notified 14 days or less before departure, passengers are entitled to compensation for inconvenience if the disruption was within the airline’s control. Compensation amounts, regulated by the Canada Transportation Agency, depend on the arrival delay at the final destination compared to the original ticketed arrival time.
Large Airlines Compensation:
- $400 for delays of 3-6 hours.
- $700 for delays of 6-9 hours.
- $1,000 for delays of 9+ hours.
Small Airlines Compensation:
- $125 for delays of 3-6 hours.
- $250 for delays of 6-9 hours.
- $500 for delays of 9+ hours.
Passengers who choose a refund over alternate travel due to disruptions within the airline’s control are still entitled to inconvenience compensation ($400 for large airlines, $125 for small airlines), as mandated by the Canada Transportation Agency. Compensation under the APPR is only applicable if passengers haven’t already received compensation for the same disruption under other international air passenger protection rules. Passengers can choose the compensation regime they prefer. Airlines are encouraged to track claims to ensure passengers receive compensation for inconvenience only once.
Claiming Compensation: Process and Timelines Set by the Canada Transportation Agency
Passengers have one year from the disruption date to file a compensation claim with the airline. The airline must respond within 30 days, either with payment or a valid reason for claim rejection. The Canada Transportation Agency provides a framework for these claims and airline responses.
Representation for Claims: Passengers can have a third party represent them in claims. Airlines may require proof of authorization for representation, so passengers should check airline policies.
Compensation Payment Methods and Currencies
If compensation is due, airlines must offer it monetarily (cash, cheque, bank transfer, etc.). Alternative forms like vouchers are permissible only if the airline:
- Informs the passenger of their monetary entitlement.
- Provides written value of the alternative compensation.
- Offers an alternative of greater value.
- Ensures the alternative has no expiry date.
- Receives written confirmation that the passenger understands their right to monetary compensation but chooses the alternative.
Compensation must be equal to or greater than the required Canadian dollar amount. Airlines are encouraged to accommodate currency requests if possible, but offering all currencies may not be feasible. Compensation is paid to the disrupted passenger, regardless of who purchased the ticket, as per Canada Transportation Agency guidelines.
Rejecting Compensation Claims: Airline Responsibilities and Passenger Recourse
Flight disruptions can be complex, with evolving situations and multiple potential causes. Airlines might need time to investigate and determine the primary reason for a disruption, which may differ from the initial explanation. This is why, when rejecting a claim, airlines must provide a comprehensive and clear explanation to the passenger. This explanation, reviewed by the Canada Transportation Agency in case of complaints, should give passengers enough information to decide whether to challenge the rejection by filing a complaint. The explanation must include the reason for disruption and why it exempts the airline from compensation. The 30-day response window allows airlines sufficient time for investigation.
In cases with multiple reasons for disruption or multiple disrupted flights, airlines must follow the three-step process detailed in Types and Categories of Flight Disruption: A Guide to determine compensation eligibility. If compensation is deemed not owed, the airline’s explanation must specify:
- All reasons for disruption, their respective delay durations, and affected flights (if multiple disruptions occurred).
- The primary reason for the passenger’s late arrival.
- The APPR category for the primary reason (outside or within control but safety-related).
Passenger Tip: For international travel delays, passengers might also be entitled to claim damages (e.g., expenses) under the Montreal or Warsaw Convention. It’s advisable to first submit claims to the airline in writing. There’s a 2-year limit for court action to claim damages. The Canada Transportation Agency encourages passengers to explore all avenues of compensation.
Obligations for Safety-Related Disruptions Within Airline Control
If a flight is delayed or cancelled for safety reasons within the airline’s control, airlines are not obligated to provide compensation. However, they must still meet all other obligations applicable to situations “within the airline’s control,” such as assistance, alternate travel arrangements, and communication, as detailed above and regulated by the Canada Transportation Agency.
Obligations for Disruptions Outside Airline Control
For delays or cancellations outside their control, airlines are not required to compensate passengers, and the minimum assistance requirements (food, drink, communication access, overnight accommodation) do not apply. However, communication requirements still stand. Airlines must also provide alternate travel arrangements or, in specific cases, refunds, as outlined by the Canada Transportation Agency.
Alternate Travel and Refunds in Situations Outside Airline Control
Even for situations outside their control, airlines must ensure passengers complete their journey. If a flight is cancelled or delayed by three hours or more, the airline must provide a confirmed reservation on the next available flight operated by the original airline or a partner airline within 48 hours. If a flight within 48 hours is not available, passengers can choose between:
- A refund.
- Alternate travel arrangements, free of charge.
The specifics of alternate travel depend on whether the airline is large or small.
Alternate Travel with Large Airlines (Outside Control)
Large airlines must book passengers on a flight with any airline, taking a reasonable route from the same or a nearby airport to the original destination. They must also provide free transportation to a nearby airport if needed. These arrangements are overseen by the Canada Transportation Agency.
Alternate Travel with Small Airlines (Outside Control)
Small airlines must book passengers on the next available flight operated by them or a partner airline, on a reasonable route from the original airport to the destination. They are not required to book with airlines outside their commercial agreements. The Canada Transportation Agency differentiates obligations based on airline size.
Refunds When Choosing Not to Travel (Outside Control)
If a passenger chooses a refund and is away from their origin, and the trip is now pointless, the airline (large or small) must rebook them on a flight back to their origin, free of charge, and refund the entire ticket. This is a passenger protection measure enforced by the Canada Transportation Agency.
Refund Methods and Timelines (Outside Control)
Refunds must be to the original purchaser via the original payment method. Alternative forms (vouchers) are allowed only with passenger consent and written confirmation of understanding their right to a full refund. Refunds must be processed within 30 days. The Canada Transportation Agency sets these standards for all refunds.
Filing a Complaint with the Canada Transportation Agency
If passengers believe an airline has not met its obligations under its tariff or the APPR, they should first contact the airline in writing. If unsatisfied with the airline’s response (or lack thereof within 30 days), they can file a complaint with the Canada Transportation Agency (CTA).
The Canada Transportation Agency resolves complaints related to air travel to, from, and within Canada. The CTA ensures airlines adhere to their tariffs and the Air Passenger Protection Regulations, and that both passengers and airlines fulfill their responsibilities. Passengers can have a representative file complaints, but only passengers directly affected by the disruption can be included in the complaint.
Recommended Information for CTA Complaints:
The Canada Transportation Agency expects detailed information from both passengers and airlines in complaints. Passengers should explain why they disagree with an airline’s categorization of a disruption. Airlines must provide evidence supporting their categorization. This evidence forms the basis for the CTA’s decision on whether passengers received proper entitlements under the APPR and the airline’s tariff. For example, if an airline claims bad weather as the cause of an outside-control disruption, they must provide weather reports as evidence to the Canada Transportation Agency.
For complaints regarding unmet obligations, airlines must provide documentation of assistance and compensation provided, and their communication with passengers. For crew shortage related complaints, the Canada Transportation Agency has specific evidentiary guidance, detailed in Supplementary Guidance: evidentiary requirement for airlines for complaints relating to crew shortages.
Annex A: Legislative and Regulatory References
Canada Transportation Act
86.11 (1) The Agency shall, after consulting with the Minister, make regulations in relation to flights to, from and within Canada, including connecting flights,
(a) respecting the carrier’s obligation to make terms and conditions of carriage and information regarding any recourse available against the carrier, as specified in the regulations, readily available to passengers in language that is simple, clear and concise;
(b) respecting the carrier’s obligations in the case of flight delay, flight cancellation or denial of boarding, including
(i) the minimum standards of treatment of passengers that the carrier is required to meet and the minimum compensation the carrier is required to pay for inconvenience when the delay, cancellation or denial of boarding is within the carrier’s control,
(ii) the minimum standards of treatment of passengers that the carrier is required to meet when the delay, cancellation or denial of boarding is within the carrier’s control, but is required for safety purposes, including in situations of mechanical malfunctions,
(iii) the carrier’s obligation to ensure that passengers complete their itinerary when the delay, cancellation or denial of boarding is due to situations outside the carrier’s control, such as natural phenomena and security events
Air Passenger Protection Regulations
Delay, Cancellation and Denial of Boarding
Obligations — situations outside carrier’s control
10 (1) This section applies to a carrier when there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, including but not limited to the following:
(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.
Earlier flight disruption
(2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is due to situations outside the carrier’s control, is considered to also be due to situations outside that carrier’s control if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation.
Obligations
(3) When there is delay, cancellation or denial of boarding due to situations outside the carrier’s control, it must
(a) provide passengers with the information set out in section 13;
(b) in the case of a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 18, to a passenger who desires such arrangements;
(c) in the case of a cancellation, provide alternate travel arrangements or a refund, in the manner set out in section 18; and
(d) in the case of a denial of boarding, provide alternate travel arrangements in the manner set out in section 18.
Obligations when required for safety purposes
11 (1) Subject to subsection 10(2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is required for safety purposes.
Earlier flight disruption
(2) A delay, cancellation or denial of boarding that is directly attributable to an earlier delay or cancellation that is within that carrier’s control but is required for safety purposes, is considered to also be within that carrier’s control but required for safety purposes if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation.
Delay
(3) In the case of a delay, the carrier must
(a) provide passengers with the information set out in section 13;
(b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14; and
(c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17, to a passenger who desires such arrangements.
Cancellation
(4) In the case of a cancellation, the carrier must
(a) provide passengers with the information set out in section 13;
(b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14; and
(c) provide alternate travel arrangements or a refund, in the manner set out in section 17.
Obligations when within carrier’s control
12 (1) Subject to subsection 10(2), this section applies to a carrier when there is delay, cancellation or denial of boarding that is within the carrier’s control but is not referred to in subsections 11(1) or (2).
Delay
(2) In the case of a delay, the carrier must
(a) provide passengers with the information set out in section 13;
(b) if a passenger is informed of the delay less than 12 hours before the departure time that is indicated on their original ticket, provide them with the standard of treatment set out in section 14;
(c) if the delay is a delay of three hours or more, provide alternate travel arrangements or a refund, in the manner set out in section 17, to a passenger who desires such arrangements; and
(d) if a passenger is informed 14 days or less before the departure time on their original ticket that the arrival of their flight at the destination that is indicated on that original ticket will be delayed, provide the minimum compensation for inconvenience in the manner set out in section 19.
Cancellation
(3) In the case of a cancellation, the carrier must
(a) provide passengers with the information set out in section 13;
(b) if a passenger is informed of the cancellation less than 12 hours before the departure time that is indicated on their original ticket, provide the standard of treatment set out in section 14;
(c) provide alternate travel arrangements or a refund, in the manner set out in section 17; and
(d) if a passenger is informed of the cancellation 14 days or less before the departure time that is indicated on their original ticket, provide the minimum compensation for inconvenience in the manner set out in section 19
Information — cancellation, delay, denial of boarding
13 (1) A carrier must provide the following information to the passengers who are affected by a cancellation, delay or a denial of boarding:
(a) the reason for the delay, cancellation or denial of boarding;
(b) the compensation to which the passenger may be entitled for the inconvenience;
(c) the standard of treatment for passengers, if any; and
(d) the recourse available against the carrier, including their recourse to the Agency.
Communication every 30 minutes
(2) In the case of a delay, the carrier must communicate status updates to passengers every 30 minutes until a new departure time for the flight is set or alternate travel arrangements have been made for the affected passenger.
New information
(3) The carrier must communicate to passengers any new information as soon as feasible.
Audible and visible announcement
(4) The information referred to in subsection (1) must be provided by means of audible announcements and, upon request, by means of visible announcements.
Method of communication
(5) The information referred to in subsection (1) must also be provided to the passenger using the available communication method that they have indicated that they prefer, including a method that is compatible with adaptive technologies intended to assist persons with disabilities.
Standards of treatment
14 (1) If paragraph 11(3)(b) or (4)(b) or 12(2)(b) or (3)(b) applies to a carrier, and a passenger has waited two hours after the departure time that is indicated on their original ticket, the carrier must provide the passenger with the following treatment free of charge:
(a) food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and
(b) access to a means of communication.
Accommodations
(2) If paragraph 11(3)(b) or (4)(b) or 12(2)(b) or (3)(b) applies to a carrier and the carrier expects that the passenger will be required to wait overnight for their original flight or for a flight reserved as part of alternate travel arrangements, the air carrier must offer, free of charge, hotel or other comparable accommodation that is reasonable in relation to the location of the passenger, as well as transportation to the hotel or other accommodation and back to the airport.
Refusing or limiting treatment
(3) The carrier may limit or refuse to provide a standard of treatment referred to in subsection (1) or (2) if providing that treatment would further delay the passenger.
Alternate arrangements — within carrier’s control
17 (1) If paragraph 11(3)(c), (4)(c) or (5)(c) or 12(2)(c), (3)(c) or (4)(c) applies to a carrier, it must provide to the passenger, free of charge, the following alternate travel arrangements to ensure that the passenger completes their itinerary as soon as feasible:
(a) in the case of a large carrier,
(i) a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within nine hours of the departure time that is indicated on that original ticket,
(ii) a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that original ticket if the carrier cannot provide a confirmed reservation that complies with subparagraph (i), or
(iii) transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable air route from that other airport to the destination that is indicated on the passenger’s original ticket, if the carrier cannot provide a confirmed reservation that complies with subparagraphs (i) or (ii); and
(b) in the case of a small carrier, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket.
Refund
(2) If the alternate travel arrangements offered in accordance with subsection (1) do not accommodate the passenger’s travel needs, the carrier must
(a) if the passenger is no longer at the point of origin that is indicated on the original ticket and the travel no longer serves a purpose because of the delay, cancellation or denial of boarding, refund the ticket and provide to the passenger, free of charge, a confirmed reservation for a flight to that point of origin that accommodates the passenger’s travel needs; and
(b) in any other case, refund the unused portion of the ticket.
Comparable services
(3) To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket.
Higher class of service
(5) If the alternate travel arrangements provide for a higher class of service than the original ticket, the carrier must not request supplementary payment.
Alternate arrangements — outside carrier’s control
18 (1) If paragraph 10(3)(b) or (c) applies to a carrier, it must provide to the passenger, free of charge, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that ticket.
Passenger’s choice
(1.1) If a carrier cannot provide a confirmed reservation in accordance with subsection (1), it must, at the passenger’s choice, refund any unused portion of the ticket or provide the following alternate travel arrangements, free of charge:
(a) in the case of a large carrier, a confirmed reservation for the next available flight that is operated by any carrier and is travelling on any reasonable air route from the airport at which the passenger is located, or another airport that is within a reasonable distance of that airport, to the destination that is indicated on the passenger’s original ticket and, if the new departure is from an airport other than the one at which the passenger is located, transportation to that other airport; or,
(b) in the case of a small carrier, a confirmed reservation for the next available flight that is operated by the original carrier, or a carrier with which the original carrier has a commercial agreement, and is travelling on any reasonable air route from the airport at which the passenger is located to the destination that is indicated on the passenger’s original ticket
Return to point of origin
(1.2) However, if a passenger who chooses to be refunded is no longer at the point of origin that is indicated on the original ticket and the travel no longer serves a purpose because of the delay or cancellation, the carrier must refund the ticket and provide to the passenger, free of charge, a confirmed reservation for a flight to that point of origin that accommodates the passenger’s travel needs.
Refund
(1.3) A passenger who is eligible to be refunded under subsection (1.1) may choose a refund at any time prior to being provided with a confirmed reservation.
Denial of boarding — outside carrier’s control
(1.4) If paragraph 10(3)(d) applies to a carrier, it must provide to the passenger, free of charge, the following alternate travel arrangements to ensure that the passenger completes their itinerary as soon as feasible:
(a) in the case of a large carrier, the arrangements specified in subsection (1) or, if it cannot provide such arrangements, a confirmed reservation in accordance with paragraph (1.1)(a); or,
(b) in the case of a small carrier, a confirmed reservation in accordance with paragraph (1.1)(b).
Comparable services
(2) To the extent possible, the alternate travel arrangements must provide services that are comparable to those of the original ticket.
Higher class of service
(3) If the alternate travel arrangements provide for a higher class of service than the original ticket, the carrier must not request supplementary payment.
Refund of additional services
18.1 (1) A carrier must refund the cost of any additional services purchased in connection with a passenger’s original ticket if the passenger has been provided with alternate travel arrangements under section 17 or 18 and
(a) the passenger did not receive those services; or
(b) those services were paid for a second time.
Refund for lower class of service
(2) If the alternate travel arrangements provide for a lower class of service than the original ticket, the carrier must refund the difference in the cost of the applicable portion of the ticket.
Method used for refund
18.2 (1) All refunds provided under these Regulations must be paid to the person who purchased the ticket or additional service and must be paid using the method used for the original payment, unless
(a) the person has been informed in writing of the monetary value of the original ticket or additional service and the availability of a refund by the method used for the original payment;
(b) the refund is offered in another form that does not expire; and
(c) the person confirms, in writing, that they have been informed of their right to receive the refund by the method used for the original payment and have chosen to receive the refund in another form.
Refund deadline
(2) Refunds must be provided by a carrier within 30 days after the day on which the carrier becomes obligated to provide the refund.
Compensation for delay or cancellation
19 (1) If paragraph 12(2)(d) or (3)(d) applies to a carrier, it must provide the following minimum compensation:
(a) in the case of a large carrier,
(i) $400, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,
(ii) $700, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or
(iii) $1,000, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more; and
(b) in the case of a small carrier,
(i) $125, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by three hours or more, but less than six hours,
(ii) $250, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by six hours or more, but less than nine hours, or
(iii) $500, if the arrival of the passenger’s flight at the destination that is indicated on the original ticket is delayed by nine hours or more.
Compensation in case of refund
(2) If paragraph 12(2)(d) or (3)(d) applies to a carrier and the passenger’s ticket is refunded in accordance with subsection 17(2), the carrier must provide a minimum compensation of
(a) $400, in the case of a large carrier; and
(b) $125, in the case of a small carrier.
Deadline to file request
(3) To receive the minimum compensation referred to in paragraph (1) or (2), a passenger must file a request for compensation with the carrier before the first anniversary of the day on which the flight delay or flight cancellation occurred.
Deadline to respond
(4) The carrier must, within 30 days after the day on which it receives the request, provide the compensation or an explanation as to why compensation is not payable.
