When are travellers entitled to compensation for flight cancellations caused by bad weather? | Canada Voices

Getting stranded at the airport because of unruly weather is its own brand of misery. These disruptions are often announced suddenly – once you’ve already left the toasty warmth of your home and are stuck in a customs lineup, shoulder-to-shoulder with equally cranky travellers, clutching your boarding pass like a lifeline.

But worse than having your holiday derailed is navigating Canada’s confounding air passenger rights and understanding what you’re entitled to during a weather delay. Recent legal rulings have added nuance to this debate, and last week’s proposed amendments to Canada’s Air Passenger Protection Regulations could raise the stakes, requiring airlines to provide timely, upfront proof for the reasons behind a flight disruption.

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Weather-related issues are currently classified as circumstances “outside the airline’s control” under APPR, which are supposed to protect passengers flying within, to and from Canada. The Canadian Transportation Agency (CTA) did not provide data on how many disruptions were due to weather when asked by The Globe and Mail.

With the current rules, airlines are generally not obligated to provide stranded passengers compensation for things such as food, hotels or transportation in the event of a weather delay. This is in contrast with disruptions within the airline’s control, where passengers can be entitled to hundreds of dollars in compensation, though safety issues may be an exception.

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But recent rulings show airlines may face more scrutiny in proving that what they claim to be a weather-related disruption beyond their control is truly that.

Last week, a B.C. civil resolution tribunal ordered Air Canada to pay a passenger nearly $1,500 in compensation and expenses including meals and hotels. The last leg of David Menzies Pansegrau’s connecting flight from Bogota, Colombia, to Kelowna via Toronto had been cancelled and rebooked for the next day owing to “bad weather” – namely, haze from nearby wildfires.

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The tribunal, a type of online provincial court that adjudicates certain small claims, determined that Air Canada didn’t provide sufficient evidence that his specific flight was cancelled because of weather. The carrier said it had cancelled the flight based on a weather alert. But the alert was issued after the cancellation had already happened.

“They had cancelled my flight before that evidence became available to them,” Mr. Pansegrau wrote to The Globe. “Therefore, they did not cancel my flight based on that evidence.”

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Proposed amendments to the APPR rules by the CTA last week seek to put an even greater burden on airlines to prove a delay is outside of their control by providing detailed proof upfront, within 30 days of the passenger’s request for compensation.

For legitimate weather delays under the current rules, airlines are responsible for offering passengers alternate travel arrangements within a designated time frame, or a refund. The “or” is important: If passengers take the refund, the airline can be absolved of their obligation to get them to their destination.

“Air passengers in Canada are entitled to a refund regardless of the cause of the flight disruption,” said Geoff White, chief executive of the Public Interest Advocacy Centre, an Ottawa-based nonprofit. But if you choose the rebooking option, the carrier has to find you a flight within 48 hours from the original departure time, he said.

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If a large carrier such as WestJet or Air Canada doesn’t find a seat for the passenger within the 48-hour window, the airline technically has to buy a seat from a competitor if it gets the passenger to their destination fastest. Small carriers do not currently have this obligation under APPR, though amendments proposed this week would pose similar requirements.

Moreover, any carrier can be obligated to purchase passengers a much better seat in premium or business class on their own airline if that gets them to their destination fastest. A recent Globe report found that inquiring about rebooking in a higher class can help stranded passengers secure better flight alternatives than those otherwise offered.

According to APPR, airlines must ensure that customers affected by significant disruptions arrive at their destination as soon as possible – within certain parameters such as carrier size. The rules state that airlines can’t charge passengers extra if the new arrangements entail a higher class ticket.

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Importantly, if one leg of a connecting flight is cancelled for a weather-related delay, and passengers don’t choose to rebook the remainder of the trip, the airline has to provide a refund for the unused portion of the flight and get passengers back to their original destination free of extra charge.

“Let’s say you have a flight from Halifax to Vancouver and you get stranded in Toronto, you can ask for a refund for the last part of the trip and they have to fly you back to Halifax and still give you a refund,” said Gabor Lukacs, president of Air Passenger Rights, a consumer advocacy group. “Even if you had a one-way flight.”

If airlines don’t follow through on their obligations, it’s important to have a paper trail ready for any potential complaints. Passenger rights advocates recommend recording all phone calls. If a carrier doesn’t follow through, buying a ticket on the next available flight and filing a refund request with the airline may be the best option.