Right to compensation

The right to compensation will vary depending on the regulations applicable to your flight. Indeed, the Canadian regulation provides for compensation based on the number of hours of delay at the final destination, while the European regulation provides for compensation based on the distance of the flight.

However, if a disruption results in the airline offering you a replacement flight and the flight is disrupted again, such as a delay or cancellation, you will be entitled to two claims under the EU regulation, one for each flight.

However, under Canadian regulations, the above situation entitles you to only one claim, based on the number of hours of delay in arrival at your final destination, compared to the scheduled arrival time of your initial flight.

Canadian Regulations

Under the Air Passenger Protection Regulations, the right to compensation arises only when the situation that caused the disruption is within the carrier’s control. Other than that, you will not be eligible to claim a sum. For more details, see the “Carrier’s obligations” capsule.

In addition, compensation will vary depending on the type of carrier that operated your flight:

• Large carrier: A carrier that carried a total of two million or more passengers in each of the last two previous calendar years.
• Small carrier: A carrier that is not a large carrier.

Compensation for delay and cancellation

Late arrival time	Large Carrier	Small carrier
3 hours or more, But less than 6 hours	$400	$125
6 hours or more, But less than 9 hours	$700	$250
9 hours or more (including cancellation)	$1,000	$500

*Compensation only applies if the passenger has been informed 14 days or less before the departure time listed on the ticket.

However, in cases where the ticket has already been reimbursed due to the disruption, the minimum compensation will be set at:

• Large carrier: $400
• Small carrier: $125

Denied boarding compensation

Delay in the arrival time of the replacement flight	Compensation
Less than 6 hours	$900
6 hours or more, but less than 9 hours	$1,800
9 hours or more	$2,400

European Regulation

Under Regulation (EC) 261/2004, the carrier must compensate a passenger who has been the victim of a disruption during his flight. If the nature of the disruption allows the passenger to be eligible for compensation, the amounts will vary depending on the distance of their flight.

Eligibility criteria

Passengers who are the victims of a delay of more than 3 hours, a cancellation or denied boarding will be entitled to compensation.

However, if the situation at the source of the disruption is due to an extraordinary circumstance (see “Obligations of the carrier”) or if it falls within one of the following cases of exclusion, the carrier will not be required to pay compensation.

	Cases of exclusion
Delay (at least 3 hours) or cancellation	If the passenger has been notified: At least 2 weeks before the scheduled departure time From 2 weeks to 7 days prior to the scheduled departure time if offered an alternative flight that: – Is no earlier than 2 hours before the scheduled departure time – Allows you to reach the final destination less than 4 hours after the scheduled arrival time Less than 7 days before the scheduled departure time if they are offered an alternative flight that: – Is no earlier than one hour before the scheduled departure time – Allows you to reach the final destination less than 2 hours after the scheduled arrival time
Denied boarding	If the passenger has voluntarily agreed to give up their reservation

Compensation amounts

If a passenger is the victim of a disruption that is not included in an exclusion case or due to an extraordinary circumstance, he or she will be entitled to the following compensation:

Flight Distance	Amounts
1,500 km or less	250 euros
Inter-community flights of more than 1,500 km Those from 1,500 km to 3,500 km	400 euros
Other flights	600 euros

A 50% reduction in the amount of compensation will be required in the case of an alternative flight that arrives no later than the arrival time of the originally booked flight by:

Flight Distance	Hours of delay at the final destination
1,500 km or less	2 hours
Inter-community flights of more than 1,500km Those from 1,500 km to 3,500 km	3 hours
Other flights	4 hours

Navigating air passenger compensation regulations can be complex, but knowing your rights is essential to getting the compensation you’re owed. Whether your flight falls under Canadian or European regulations, a thorough analysis of your situation will maximize your compensation.

If you believe you are entitled to compensation, please do not hesitate to contact us. Our air transport lawyers can guide you and help you formulate your claim effectively. Assert your rights today!