Airline refused your compensation claim? What to do next

Updated October 5, 2026 · Checked against the regulations as current to September 21, 2026 · By LandedLate

A refusal from the airline isn't the last word. Under Canada's Air Passenger Protection Regulations the airline must pay or explain why compensation is not payable (section 19(4)), and a bare “required for safety” or “outside our control” can be challenged. Reply in writing and ask for the specific cause and the records behind it. If that doesn't resolve it, you can complain to the Canadian Transportation Agency for free once 30 days have passed since your written request. There, the disruption is presumed to be within the airline's control and not required for safety unless the airline proves otherwise (Canada Transportation Act, section 85.07(2)), and in the agency's own figures officers ruled for the passenger in 50.9% of the complaints they decided (7,008 of 13,760). These are the rules in force on October 5, 2026.

Whether your own flight qualifies depends on its details: the reason the airline gave, how late you reached your destination and how much notice you had. Check it free at landedlate.ca/check.

What the refusal says, and what to ask for

Common refusal reasons under the rules in force on October 5, 2026
The airline said	What the rules and rulings say	Ask for
“Required for safety” or maintenance	The agency's guide treats a problem found in pre- or post-flight checks as generally within the airline's control but required for safety, and anything found in scheduled maintenance, or that didn't affect safe operation, as within its control. An avoidable fault counts against the airline: a delay traced to a heater switched off in Regina cost Sunwing $400 per passenger (Anslow v. Sunwing, 20-C-A-2023). More on mechanical problems	What failed, on which aircraft, when it was found, and whether your plane was swapped to cover another flight.
Crew shortage or crew duty time	The agency says the bar for showing a crew shortage was outside the airline's control is high. In WestJet v. Lareau (2025 FCA 149), the Federal Court of Appeal found no error in the agency requiring WestJet to show it had a reasonable contingency plan before accepting that a crew cancellation was required for safety, and upheld the $1,000 award. More on crew shortages	Why the crew member was unavailable and what the airline did to find a replacement.
Weather	Only weather that made safe operation impossible is outside the airline's control (section 10(1)(c)). The agency rejected a WestJet weather defence built on a forecast, undecoded weather reports and a list of other delays at the airport, and ordered $1,000 (Beauchamp v. WestJet, 68-C-A-2023). More on weather delays	The conditions, at which airport, at what time, explained in plain language.
The plane arrived late from an earlier flight	A knock-on delay counts as its original cause only if the airline took all reasonable steps to limit it (sections 10(2) and 11(2)). Taking a flight's cabin crew to finish another flight delayed by weather was the airline's own decision: $700 per passenger (Paridon v. Sunwing, 16-C-A-2022).	What caused the first delay and what the airline did to protect your flight from it.
Air traffic control	Instructions from air traffic control are on the list of situations outside the airline's control (section 10(1)(d)), so this is one of the stronger reasons when it is real and caused your delay.	Which instruction, at which airport, and how it caused your delay or cancellation.
No reason, or “you're not eligible”	The airline must pay or explain why compensation is not payable (section 19(4)). The agency has said the explanation must give enough information for you to decide whether to challenge it, and must point to the primary reason when there were several (Decision 122-C-A-2021).	The specific cause of the disruption and the category the airline says it falls in.
A voucher instead of money	Compensation must be paid in money. A voucher is allowed only if it is worth more, never expires, its value is stated in writing, and you confirm in writing that you chose it over cash (section 21). Voucher or cash?	Payment in money of the amount the rules set.

Pasting the airline's message into the flight check reads which of these it is and writes the reply, citing the ruling that answers it.

What to do, in order

Reply in writing. Name your flight, quote the reason the airline gave, and ask for the specific cause, when it arose and the records behind it. Keep a copy.
Give it about 30 days. A reply doesn't start a new legal deadline, but it gives the airline a chance to pay before you go further.
Complain to the Canadian Transportation Agency. You can file once 30 days have passed since your written request without a resolution, whether the airline refused or never answered (Canada Transportation Act, section 85.04(1)(d)). It's free, but the agency says it may take more than 24 months before an officer reviews your complaint, and about 98,000 complaints were waiting, as reported on September 24, 2026. If your first claim went in more than 30 days ago, you can already file; your reply to the refusal doesn't restart that clock. How to file a complaint

If Air Canada refused

Air Canada claims go through its online form, including for Air Canada Express and Rouge flights. In Crawford v. Air Canada (107-C-A-2022), Air Canada called a crew problem on a Jazz-operated flight “required for safety”; the agency found Air Canada ought to have known the first officer hadn't completed required training and ordered it to pay $1,000 to each of the two passengers. In April 2026 Air Canada said it would offer 500 randomly selected passengers with pending agency complaints a third-party arbitrator; it is by invitation only, and the agency told CBC News passengers can turn it down and keep their place in the queue. Air Canada delay compensation

If WestJet refused

Three of the rulings on this page were against WestJet. A crew cancellation it called required for safety (WestJet v. Lareau, 2025 FCA 149, $1,000 upheld); a plane moved from a Honolulu flight to rescue passengers of another aircraft, which the agency found was WestJet's own decision ($1,000 per passenger, Lubky v. WestJet, 137-C-A-2022); and a forecast-based weather cancellation the evidence didn't support ($1,000, Beauchamp v. WestJet, 68-C-A-2023). WestJet delay compensation

Write my reply to the refusal

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Questions

Can I challenge an airline's refusal to pay flight compensation in Canada?

Yes. First answer the refusal in writing and ask for the specific cause and the records behind it, since the airline must explain why compensation is not payable (APPR section 19(4)). If that doesn't resolve it, you can complain to the Canadian Transportation Agency once 30 days have passed since your first written claim to the airline; a reply to the refusal doesn't restart that clock. The complaint is free.

Who has to prove the cause of the delay?

The airline. In a complaint, a disruption is presumed to be within the airline's control and not required for safety, unless the airline proves the contrary (Canada Transportation Act, section 85.07(2)).

How often do passengers win at the Canadian Transportation Agency?

In the agency's figures, officers decided 7,008 of 13,760 complaints (50.9%) in the passenger's favour. The figures count decisions issued, not complaints that were withdrawn or settled.

How long does a CTA complaint take?

The agency says it may take more than 24 months before an officer reviews your complaint, and about 98,000 complaints were waiting, as reported on September 24, 2026. A reply to the airline that asks for its evidence can settle a claim much sooner.

Is there a deadline after the airline refuses?

A reply doesn't start a new legal deadline, but give the airline about 30 days. The Canada Transportation Act and the agency's pages set no separate deadline to complain to the agency. The deadline that matters comes earlier: for a delay or cancellation, your first claim must reach the airline before the first anniversary of the flight (APPR section 19(3)).

Sources

General information, not legal advice.