How to Get Compensation from Canadian Airlines (Air Canada, WestJet)

The Air Passenger Protection Regulations

The Air Passenger Protection Regulations (SOR/2019-150) are federal regulations made under the Canada Transportation Act (S.C. 1996, c. 10). They apply to all flights to, from, and within Canada operated by airlines with Canadian licences. The regulations create minimum standards for how airlines must treat passengers and set specific compensation amounts for various disruptions.

The regulations distinguish between large carriers (those that have transported two million or more passengers in each of the two preceding years, such as Air Canada and WestJet) and small carriers. Compensation amounts are higher for large carriers.

Compensation for Flight Delays and Cancellations

When a delay or cancellation is within the airline's control and is not related to safety, large carriers must pay the following minimum compensation:

• 3 to 6 hours arrival delay: $400
• 6 to 9 hours arrival delay: $700
• 9 or more hours arrival delay: $1,000

For small carriers, the amounts are $125, $250, and $500 respectively. The delay is measured by how late you arrive at your final destination, not by how long you sit at the gate.

Airlines often claim that disruptions are caused by “safety” or “weather” to avoid paying compensation. However, the CTA has ruled in numerous decisions that airlines must provide evidence supporting these claims. A vague reference to “operational reasons” is not sufficient. If you suspect the airline is misclassifying the cause of the disruption, you have the right to challenge it.

Denied Boarding Compensation

If you are involuntarily denied boarding due to overbooking (and not for reasons such as documentation issues or safety), large carriers must pay:

• Less than 6 hours arrival delay: $900
• 6 to 9 hours arrival delay: $1,800
• 9 or more hours arrival delay: $2,400

The airline must also rebook you on the next available flight or, if rebooking is not possible within 48 hours, provide a full refund.

Lost and Damaged Baggage

For international flights, the Montreal Convention (1999) sets liability limits for lost, delayed, and damaged baggage at approximately 1,288 SDR (Special Drawing Rights), which is roughly $2,350 CAD depending on exchange rates. For domestic flights, the airline's tariff governs the compensation amount, but the APPR requires airlines to compensate passengers for baggage fees paid if their bags are lost.

You must report baggage issues to the airline in writing. For damaged baggage, you typically have 7 days from receipt. For delayed baggage, you have 21 days from the date the baggage was placed at your disposal. Missing these deadlines can forfeit your claim.

The Standard of Treatment During Disruptions

Regardless of the cause of the delay, if you are waiting at the airport the airline must provide:

• After 2 hours: Food and drink in reasonable quantities, and access to communication (e.g., free Wi-Fi).
• Overnight delay: Hotel accommodation and transportation to and from the hotel, if you are away from your home city.

How to File a Complaint with the CTA

If the airline does not respond to your complaint within 30 days, or if you are not satisfied with the response, you can escalate to the Canadian Transportation Agency (CTA). Here is the process:

1. File a complaint directly with the airline first. The CTA requires that you attempt to resolve the issue with the airline before filing.
2. Wait up to 30 days for a response. If the airline does not respond, or you are unsatisfied, proceed to the next step.
3. File a CTA complaint online through the CTA website (otc-cta.gc.ca). You will need your booking confirmation, boarding pass, and any correspondence with the airline.
4. The CTA will facilitate resolution. The CTA first attempts to mediate. If mediation fails, they can issue a binding decision and order the airline to pay compensation.

Note that the CTA has experienced significant backlogs in recent years. Filing a clear, well-documented complaint with all supporting evidence increases the likelihood of a timely resolution.

Tips for a Successful Airline Complaint

• Document everything at the airport. Take photos of departure boards, keep your boarding pass, and note the names of any staff you speak with.
• Keep all receipts. If the airline does not provide meals or accommodation and you pay out of pocket, you can claim these expenses.
• Cite the specific regulation. Reference “Air Passenger Protection Regulations, SOR/2019-150” in your complaint letter. This demonstrates you know your rights and reduces the chance of the airline offering less than the minimum.
• Request compensation in writing. Do not accept a verbal promise. Ensure any offer is documented in writing before you accept.