Is the Delay Within the Airline’s Control?
You are only entitled to compensation for inconvenience if the delay is for 3 hours or more and the delay is within the airline’s control and not required for safety reasons. This tool helps you assess whether your situation is within the airline’s control or not.
📊 Knowledge from real cases is your strongest leverage. Visit Courtready’s Canada Air Passenger Complaints Tracker to see what happened to other travellers before you file your own complaint.
🏫 Want to learn how to file a flight compensation claim at the Canadian Transportation Agency? Check out our course at Courtready Academy.
Is the Delay Within the Airline’s Control?
You are only entitled to compensation for inconvenience if the delay is for 3 hours or more and the delay is within the airline’s control and not required for safety reasons. This tool helps you assess whether your situation is within the airline’s control or not.
⚖️ Critical Legal Point: The Onus is on the Airline
The airline must prove that the disruption was NOT within their control or that it was required for safety purposes.
“If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary.”
What this means for you:
- The airline must provide evidence to justify their categorization
- Vague explanations like “operational reasons” or “crew unavailability” are insufficient
- The airline must show specific details and documentation
What to Do Next
1. File your compensation claim with the airline within one year of the flight date (source: CTA Air Passenger Rights Portal). The airline has 30 days to respond to your claim.
2. If the airline rejects your claim and their response is inadequate, request a detailed explanation from the airline in writing, including:
- The specific reason for the disruption
- What evidence they have to support their categorization
- What contingency plans they had in place (if applicable)
- What efforts they made to mitigate the disruption
3. If you disagree with the airline’s response, you can file a complaint with the Canadian Transportation Agency or take the airline to Small Claims Court in your province. The airline will have to prove their case with evidence.
4. Keep all documentation:
- Your booking confirmation
- Boarding passes
- Any communications from the airline
- Photos of departure boards showing the delay reason
- Receipts for expenses incurred
Use this free tool to assess your entitlements when your flight is delayed or cancelled.
Is the delay within the airline’s control?
You are only entitled to compensation for inconvenience if the delay is for 3 hours or more and the delay is within the airline’s control and not required for safety reasons.
This tool helps you assess whether your situation is within the airline’s control or not.
You can also use our free Canada flight delay and cancellation compensation calculator here!
We want to empower Canadians with the right tools and knowledge to navigate our justice system with confidence. Finally, while you are here, be sure to check out our other tools above!
Frequently Asked Questions
You become entitled to compensation when your arrival is delayed by 3 hours or more and the disruption is within the airline’s control and not required for safety reasons. This tool helps you quickly assess whether your situation meets that legal test.
You select the reason the airline gave for the disruption (such as crew shortage, mechanical issue, or weather), and the tool then analyzes it under Canadian law to classify it as within the airline’s control, required for safety, outside the airline’s control, or dependent on the circumstances.
The airline must prove that the disruption was not within its control or that it was required for safety. By law, delays are presumed to be within the airline’s control unless the airline proves otherwise.
Ask the airline for a clear, specific written explanation and for the evidence they rely on. Further, general statements such as “operational reasons” or “crew unavailability” are not enough without supporting details.
First, file your compensation claim with the airline within one year of your flight. Next, expect a response within 30 days. If the airline denies your claim without proper justification, you can escalate the matter to the Canadian Transportation Agency or Small Claims Court.
