U.S. rule change on flight disruptions may affect some Canadian travellers

The U.S. Department of Transportation has amended its rules on compensation for air travellers when flights are cancelled or delayed, a change that could affect Canadians on certain itineraries. The new rules, which were set to take effect Oct. 19 but have been delayed until Feb. 1, 2027, solidify the reasons airlines do not have to compensate travellers. For flights to, from or within Canada, Canadian regulations will continue to apply, meaning the impact on most Canadian travellers is expected to be minimal. The changes are seen as more airline-friendly and are likely to create confusion for passengers trying to understand which rules govern their trip.

"These new rules that are coming into effect in the United States are actually just solidifying the reasons that airlines don’t have to compensate travelers," said McKenzie McMillan, a managing partner at The Travel Group travel agency in Vancouver. The amended rules specify 10 events now deemed outside an airline's control, which can include cyberattacks, weather-related aircraft damage, removal of an unruly passenger or unscheduled maintenance. If a flight solely within the U.S. is affected by one of these events, obtaining compensation may become more difficult. Amra Durakovic, head of communications for Flight Centre Canada, said Canadian travellers on flights to, from or within Canada remain covered by Canada's own regulations. "In other words, we expect the impact to be very minimal," Durakovic said. She cautioned that this protection would not apply if a Canadian traveller decides to take an additional domestic flight within the U.S., such as from Orlando to Los Angeles, as part of their trip. "I think the biggest difference will likely be felt on travel that falls solely in the U.S.," Durakovic said.

Under U.S. rules, travellers are entitled to a refund if the airline cancels or significantly delays or changes a flight and the customer chooses not to travel, provided they do not accept a travel credit, voucher or other compensation. However, the U.S. department says people are not entitled to a refund if they choose to take the delayed or changed flight, or take an alternative flight offered by the airline. For delays or cancellations deemed within an airline's control, several U.S. carriers like American, Delta and United may offer rebooking on a partner airline, complimentary hotel accommodations or meal vouchers. Canada's rules differ, requiring monetary compensation of hundreds of dollars for certain lengthy delays under an airline's control. Even for delays outside an airline's control, Canadian airlines must still work to rebook passengers or provide refunds depending on the situation and length of the delay. John Gradek, an aviation management professor, said the U.S. changes mean travellers have more regulations to figure out. "This rule is not going to make life any simpler, it’s going to make life more chaotic and a lot more confusion," said Gradek.

McMillan noted additional confusion could arise for Canadians on complex itineraries that include a U.S. domestic flight, such as a WestJet flight to New York, then a Delta flight to Los Angeles, followed by a WestJet flight back to Vancouver. "Generally the rule would be that you would be entitled to whatever Delta’s offering or whatever Delta is bound to within the United States," he said. He added that trying to dispute this with a Canadian airline would likely involve a lot of time and probably not yield the desired result. Durakovic advised Canadian travellers to understand which rules apply to their specific trip. "I wouldn’t tell Canadians to worry about this, I would just tell them to understand what applies to their trip and to always ask why if their flight is delayed or cancelled," she said. The rule change comes as Air Canada has recently cancelled several U.S. routes due to lower cross-border travel.

With files from Global News