New indemnity rules for retarded flights – 2nd Phase

Charles Richer

Effective sunday, december 15th 2019

This second phase is very good news for all travelers, but be aware, not all flights delayed or canceled will be covered by these new federal rules and more, it is the travelers themselves who will see to recover their money. To enlighten you, here is a summary of what you absolutely must know about this matter. First, these compensation rules are part of the new Canadian regulations that cover flights to, from, or within Canada on all airlines, not just Canadian carriers. This second phase follows the first, effective July 15, which provides for compensation of up to $ 2,400 for passengers facing overbooked flights and up to $ 2,100 for damaged or lost baggage. The second phase, which will be effective December 15th, 2019, provides compensation between $ 400 and $ 1,000 for a delay of more than three hours or more for large companies such as Air Canada, Transat, Sunwing and WestJet and between $ 125 to $ 500 for smaller carriers such as Swoop and Flair for example.

It should also be known that air carriers do not have to pay compensation if cause of delay is an uncontrollable factor such as bad weather or mechanical problems. However, they will be required to document the reasons for each flight delay and cancellation as well as to report to Transport Canada relevant information on flight disruption. And if a passenger lodged a complaint with the airline company about a flight delay, the company will have to demonstrate, beyond any reasonable, doubt why the flight could not be eligible for compensation. Fines of up to $ 25,000 can be given to airlines company caught in violation of the new regulations. Be aware, however, that you are responsible for your claim and that to recover your money, you must make your own representations to your airline company and file a claim for compensation. However, be aware that airlines have the duty and obligation to inform passengers by posting relevant rights information on their respective websites and on routes and with prominent notices in key locations within Canadian airports. In case of flight delays or cancellations, airlines are also obliged to inform passengers of the reason for the disruption and their right to compensation. A one-year limitation period is granted to passengers to file their complaints, and the airline then has 30 days to make a payment or to explain the reasons for non-compensation. Finally, here is a charter of compensations for delayed flights:

LARGE COMPANIES                                                                          SMALL COMPANIES              

3-6 hours late: $   400                                                                      3-6 hours late: $ 125

6-9 hours late: $   700                                                                       6-9 hours late: $ 250

9+ hours late:  $ 1,000                                                                      9+ hours late:  $ 500

Contact our travel architects for more information at 514-939-9999.