Is the Flight Delay Within the Airline’s Control?
Find out whether your flight delay or cancellation was within the airline’s control, the key test for compensation under Canada’s air passenger rules.
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Disclaimer: This tool is for general information and educational purposes only and cannot be construed as legal advice. Please consult a qualified legal professional for advice specific to your situation. For questions or to report an error, please email Tom at admin [at] courtready.ca.
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
Calculate Your Compensation Amount
Now that you understand whether your delay is within the airline’s control, use our free Canada Flight Delay and Cancellation Calculator to determine exactly how much compensation you are entitled to.
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Is the Flight Delay Within the Airline’s Control?
This free tool helps Canadian air passengers assess whether a flight delay or cancellation was within the airline’s control, the central question that decides eligibility for compensation under Canada’s Air Passenger Protection Regulations (SOR/2019-150). You choose the reason the airline gave for the disruption, and the tool explains whether that reason is generally within the carrier’s control, within its control but required for safety, or outside its control. Check out our other free tools below.
Compensation for inconvenience generally applies only when you arrive at your final destination 3 hours or more late, the disruption was within the airline’s control and not required for safety, and the airline informed you of the delay or cancellation 14 days or less before the original departure time. The law also places the burden of proof on the airline: under section 85.07(2) of the Canada Transportation Act, a disruption is presumed to be within the carrier’s control and not required for safety unless the carrier proves otherwise. You can read the full regulations on Justice Laws.
Disclaimer: This tool is for general information and educational purposes only and does not constitute legal advice. Whether compensation is owed depends on the specific facts and evidence in your case. For questions or to report an error, please email admin [at] courtready.ca.
Common Questions
How do I know if my flight delay was within the airline’s control?
A delay is generally within the airline’s control when it stems from the carrier’s own operations, such as crew scheduling, staffing shortages, or commercial decisions. It is different from disruptions outside the airline’s control, like weather, air traffic control, or security events, and from disruptions that are within control but required for safety. Compensation for inconvenience under the Air Passenger Protection Regulations generally depends on the disruption being within the airline’s control, not required for safety, an arrival delay of 3 hours or more, and the airline having informed you 14 days or less before departure.
What does “required for safety purposes” mean for flight compensation?
It means a disruption required by law to reduce risk to passenger safety, including a decision made within the captain’s authority or under a safety management system. It does not include scheduled maintenance. In WestJet v. Lareau (2025 FCA 149), the Federal Court of Appeal held that a disruption is required for safety only if a prudent and diligent carrier would have incurred it, with reasonable contingency plans in place and reasonable efforts to follow them.
Who has to prove a flight delay was within the airline’s control?
The airline does. Under section 85.07(2) of the Canada Transportation Act, a flight delay, cancellation, or denial of boarding is presumed to be within the carrier’s control and not required for safety unless the carrier proves otherwise. Vague explanations such as “operational reasons” or “crew unavailability” are not enough. The airline must provide specific details, evidence, and documentation to support the category it claims.
How long do I have to claim flight delay compensation in Canada?
You generally have one year from the date of the flight to file a compensation claim with the airline. Once you submit a claim, the airline has 30 days to either pay the compensation or explain why it believes none is owed. Keep your booking confirmation, boarding passes, any communications from the airline, and photos of departure boards showing the stated reason for the disruption.
What can I do if the airline refuses to pay compensation?
If the airline rejects your claim or its explanation is inadequate, ask for a written explanation that sets out the specific reason and the evidence supporting it. If you still disagree, you can file a complaint with the Canadian Transportation Agency or pursue the airline in your province’s Small Claims Court, where the carrier must prove its case. Knowing the burden of proof is on the airline can strengthen your position.
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