The U.S. Department of Transportation is reclassifying 10 types of events that cause flight delays and cancellations as outside the airline’s control, CTV News reports.1 According to CTV, they include unscheduled mechanical issues, severe weather, cybersecurity attacks and potential tech outages.2 The rule was meant to take effect on Oct. 19 and has been postponed until Feb. 1, 2027.3
CTV reports that the change could affect passengers coming from Canada, though experts are divided on how much.4 Here is what the change is, what Canada’s own rules say for flights to and from Canada, and what to keep if your flight is disrupted.
What the U.S. change means, according to experts
According to CTV, the department acknowledged in its notice that the total value of amenities and compensation airlines provide to consumers will be reduced under the rule.5 A travel industry expert told CTV that once the rule takes effect, an airline whose flight is disrupted by an unscheduled maintenance event would no longer be obliged to provide a hotel or meal voucher under the U.S. rules.6 She said the change will affect anyone travelling within, to or from the U.S., whatever their nationality or airline, if their flight is disrupted by one of the reclassified types of events.7
The passenger group FlyersRights is suing the department over the rules, which it says shift the costs of delays from airlines to passengers, according to CTV.8
The president of the group Air Passenger Rights said, according to CTV, that he believes the impact on Canadian travellers flying to or from the U.S. may be “minimal”, because they would have some rights under Canada’s regulations.9 He described the U.S. change as mainly administrative, because it is about how disruptions are reported and passengers aren’t compensated in cash for flight disruptions in the U.S.10 He also called Canada’s regulations weak, unnecessarily complex and very difficult to enforce, CTV reports.11 He said the main issue with the new rules will be unexpected maintenance, which he called completely unreasonable.12
What Canada’s rules say
Canada’s regulations are separate from the U.S. rule and sort causes into their own categories.131415 Canada’s regulations apply to flights to, from and within Canada, and they aren’t limited by the airline’s nationality or the passenger’s.16 Charter flights are covered only in narrower cases.16
The regulations have their own list of causes outside the airline’s control, such as weather that makes safe operation impossible, air traffic control instructions, security threats and manufacturing defects identified by the manufacturer or a competent authority.15 For those causes, the regulations require information and rebooking, or a refund if the airline can’t rebook you on its own or a partner’s flight departing within 48 hours, but no cash compensation.151718 They don’t require meals or a hotel either, though the airline’s own tariff may offer more.19
A mechanical malfunction is often treated as within the airline’s control but required for safety.14 That category doesn’t bring cash compensation, but the airline still owes rebooking, or a refund if rebooking doesn’t meet your travel needs.14202122 Problems found during scheduled maintenance are within the airline’s control and are not “required for safety”.13 When an airline says a mechanical issue was required for safety, that claim can be questioned.23
For causes within the airline’s control, including safety, the regulations also set standards of treatment when you were told of the disruption less than 12 hours before departure.24 After a 2-hour wait past the original departure time, that means food and drink in reasonable quantities and a means of communication.25 If the airline expects you to wait overnight, it means a hotel or comparable accommodation, with transport to it and back.26 The airline may limit or refuse this treatment if providing it would delay you further.27
Cash compensation is owed only when the cause was within the airline’s control and not required for safety, you were told 14 days or less before departure, and you ask the airline before the first anniversary of the disruption.132829 Accepting a voucher in writing, or compensation for the same event under another country’s rules, can settle it.3031 On those conditions, a large airline owes $400 per passenger for arriving 3 to under 6 hours late at the destination on your original ticket.32 A small airline owes $125 for the same delay.32 The amounts rise for longer delays.3334
On a trip between Canada and another country that is party to the Montreal Convention, you may also be able to claim actual losses caused by the delay, such as meals or a hotel you paid for.3536 The airline has a defence if it proves it took all reasonable measures to avoid the damage.36
What to do if your flight is disrupted
Write down the reason the airline gives, in its own words, and when you were told.3723 Canada’s regulations sort causes into their own categories, so the airline’s exact words matter.131523
Keep receipts for anything you buy during the wait. If the airline didn’t provide treatment it owed and you paid reasonable costs yourself, you can claim them back from the airline in writing.38
Send any compensation request to the airline in writing before the first anniversary of the disruption.29 The airline must pay or explain why it won’t within 30 days of receiving your request.39 If your written request isn’t resolved within 30 days, you can complain to the Canadian Transportation Agency.40
If your flight to or from Canada was delayed or cancelled, the free check shows whether you may be owed money for your own flight.13 Our guides explain the airline’s reason and meals and hotel during a delay.2325