Am I Eligible for Flight Compensation in Canada?

Four things decide whether the APPR owes you cash: who you flew, why the flight was disrupted, how late you arrived, and which airline actually operated the flight. Work through them in order and you will know where you stand.

The four questions

Eligibility is not a feeling. It is a short chain of facts. Answer these four and the rest follows.

1
Did the flight touch Canada?

The APPR covers any flight that departs from a Canadian airport, on any airline, Canadian or foreign. It also covers flights into Canada in many cases. If you took off from Canada, you are inside the regulations.

2
Was the cause within the airline's control?

This is the pivot. Within-control disruptions pay cash. Safety-required and outside-control disruptions do not, although they still owe a refund or rebooking. Crew shortages, overbooking, and most maintenance are within control. Severe weather and air traffic control are outside it.

3
How late did you arrive?

Compensation is measured by arrival delay at your final destination, not departure. The thresholds are 3, 6, and 9 hours. Below 3 hours, no cash for a delay. Denied boarding is owed from the moment you are bumped.

4
Who operated the flight, and how big are they?

The airline that flew the plane is responsible, not the one whose code is on the ticket. Large carriers owe more than small ones. Set both on the compensation calculator to see your figure.

Controllable vs uncontrollable

Almost every disputed claim turns on this. The airline assigns the category, and it is not always right. The burden of proof is on the airline, so a vague reason is worth challenging.

Pays cash
Within control
Crew scheduling, staffing
Overbooking
Most maintenance, aircraft swaps
Cash, food and hotel, refund or rebooking.
No cash
Required for safety
Cash compensation
Food and hotel
Refund or rebooking
Genuine, unforeseen pre-flight defect.
No cash
Outside control
Cash compensation
Food and hotel
Refund or rebooking
Weather, air traffic control, security.
The edge cases people argue about. A strike by the airline's own crew is normally within control. A strike by airport security or air traffic controllers is normally outside it. A fuel supply problem the airline should have managed is within control. Weather is outside, but a knock-on delay hours after the weather cleared may not be. When the label looks convenient for the airline, challenge it.

Refund is not compensation

This trips up more passengers than anything else. They are two different things, and you can be owed both at once.

What it is Refund Compensation
What it coversMoney back for travel you did not takeA statutory payment for the disruption
When it is owedYou decline to travel after a long delay or cancellationOnly when the cause was within the airline's control
Depends on cause?NoYes
Paid asOriginal form of paymentCash to original form of payment
You do not have to accept a voucher. Airlines often offer a travel credit in place of a cash refund or cash compensation. You can refuse and insist on your money back to your original form of payment. A voucher only counts if you choose it. See refund vs travel credit for when cash is mandatory.

Common questions

What is the difference between a refund and compensation?

A refund returns what you paid for travel you did not get. Compensation is a separate statutory payment for the disruption. You can be owed both. A refund applies regardless of cause when you choose not to travel after a long delay. Compensation applies only when the cause was within the airline's control and not required for safety.

Does it matter which airline operated my flight?

Yes. The operating carrier is responsible, not the marketing carrier on your ticket. If an Air Canada coded flight is flown by Jazz, Jazz is the respondent. Carrier size also changes the amount: large carriers owe $400 to $1,000 CAD, small carriers $125 to $500.

Is a strike controllable under the APPR?

It depends who strikes. The airline's own staff striking is generally within the airline's control. A third-party strike the airline does not control, like security screeners or air traffic controllers, is generally outside it. Rebooking and refund rights apply in both cases.

Is a fuel shortage controllable?

Usually yes. Securing fuel is part of operating a flight, so a fuel problem normally counts as within control and owes cash. A wider airport-level fuelling failure affecting all carriers may be classified as outside control. The airline has to prove whatever category it claims.

Keep reading

Still not sure?

Come in for a free conversation. We can help you understand what you are owed and how to build the claim.

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