Canadian travellers experiencing flight delays on international trips may be entitled to more than just a seat on the next flight.
Canada's air passenger rules provide monetary compensation in varying amounts for travellers flying with large and small airlines who experience delays of over three hours, regardless of where the delay occurs (domestic or international).
Under Canadian law, large airlines must provide passengers with significantly more compensation than small ones. For example, large carriers must provide them with $400 if passengers arrive late at their destination by over three hours but under six, while small ones must pay out $125.
Large carriers transport over two million passengers annually, while small carriers transport under this amount, according to the Air Passenger Protection Regulations (APPR).
Monetary compensation increases based on the length of the delay. If a passenger arrives over six hours late at their destination (but under nine hours), large airlines must pay them $700 and small ones $250. If they arrive over nine hours late, large carriers owe them a cool $1,000 while small ones owe $500.
Additionally, travellers who choose to be refunded instead of re-booked are owed $400 by large airlines and $125 by small ones.
Travellers must file these claims within one year of travel, and airlines have a month to respond to them.
But passengers may be entitled to more than monetary compensation for the length of the delay if they travel internationally.
Can travellers claim more than the regular flight compensation if they miss work?
Under APPR rules, travellers facing flight delays by large carriers are also eligible for electronic means of communication (e.g., free Wi-Fi) and accommodation for overnight stays due to alternative flight arrangements. Airlines must also provide them with transportation to their hotel and back to the airport.
Travellers may also be entitled to food and drinks. Under section 14(1)(a) of the APPR, airlines must provide passengers with meals, which may come in the form of meal vouchers.
After a traveller has waited two hours after the scheduled departure time, the airline must provide them with food and drink in "reasonable quantities."
The Montreal Convention is an international treaty that sets out the compensation owed to passengers on flights between two or more countries, covering baggage loss, flight delays and cancellations, and personal injuries.
Travellers may also be eligible for monetary compensation for lost wages if they miss work due to a flight delay or cancellation if the flight includes an international component. However, the Montreal Convention does not have a specific rule or section regarding coverage for missed work.
Air Passenger Rights founder and leader Gabor Lukacs says travellers can claim lost wages for international travel under Article 19 of the Montreal Convention. The treaty "expressly prohibits" placing a limit on the amount a passenger can claim.
To file a claim for lost wages, passengers must produce evidence of missed earnings or appointments. They must give these documents to the airline to file their claim.
Metro Vancouverite says flight delay cost her a day's wages
Metro Vancouver resident Carolyn Azar flew on a two-and-a-half-hour flight from San Francisco International Airport (SFO) to Vancouver International Airport (YVR) on Sept. 30, 2024, which was delayed by over seven hours.
Azar was told the crew scheduled to work on her flight home to Vancouver were involved in a car accident the night before. The airline had to fly in another crew from Vancouver to take the travellers home.
Air Canada notified Azar and her travelling companion about several delays before the flight. After three delays, the pair had another before boarding at the gate, bringing the waiting time up to seven hours and 20 minutes.
"The compensation was more than the cost of the flight. However, I did miss a day of work," she tells V.I.A.
Since Azar's travel included an international component and the lengthy delay was the airline's fault, she could file a claim, Lukacs explained.
Canadian lawyer successfully wins claim for lost wages on international flight
In 2005, a Canadian lawyer, Hynek Zikovsky, filed a claim under the Montreal Convention for lost wages after experiencing a delay with Air France. He estimated he lost five hours' work due to the airline's negligence. His hourly rate was $225 at the time of the incident, and he claimed $1,125 for lost wages.
In its defence, Air France's counsel stated that the delay could not be avoided because the crew had to be brought in from New York. However, the Quebec small claims court judge ruled that this reason was not a natural disaster, hurricane, snowstorm, or another unforeseeable, uncontrollable situation.
The airline was ordered to pay the plaintiff $1,125 plus interest at the legal rate, plus additional compensation, from the date of service on Sept. 13, 2004, plus legal costs of $90.
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