Crew shortage delayed or cancelled your flight? You're usually owed compensation

Updated September 27, 2026 · Checked against the regulations as current to September 3, 2026 · By LandedLate

Yes, usually. Under Canada's Air Passenger Protection Regulations, a crew shortage is treated as within the airline's control, so a large airline owes $400 to $1,000 per passenger when it gets you to your final destination 3 or more hours late. The airline can only avoid paying by proving two things: the shortage wasn't caused by its own action or inaction, and it followed a reasonable contingency plan to find replacement crew. The Federal Court of Appeal upheld that test in WestJet v. Lareau (2025 FCA 149). Rules as of September 27, 2026.

The two-part test an airline has to pass

The shortage wasn't the airline's own doing.
A shortage that comes from understaffing or from the airline's own earlier disruptions fails here. The agency's view is that airlines control hiring, training and scheduling.
It took reasonable steps to replace the crew.
The airline needs a reasonable contingency plan, and has to have actually used it. Even when an outside event started the shortage, failing to have and use a reasonable plan puts it back within the airline's control.

The airline has to show both. Saying a crew member was unavailable, or calling it a safety matter, proves neither.

How much a crew-shortage delay is worth

Per passenger, delay or cancellation within the airline's control
You reached your destination	Large airline	Small airline
3 to 6 hours late	$400	$125
6 to 9 hours late	$700	$250
9 hours or more	$1,000	$500

Large airlines include Air Canada, WestJet, Porter, Flair and Air Transat. Section 19(1) of the regulations.

Rulings on crew shortages

Case	What happened	Result
WestJet v. Lareau, 2025 FCA 149	WestJet cancelled a July 2021 Regina to Ottawa flight about an hour before departure when the first officer called in sick, and called it safety-related. The passenger arrived 21 hours late.	$1,000 upheld
Crawford v. Air Canada, 107-C-A-2022	Air Canada cancelled an August 2021 Fort St. John to Halifax trip, citing COVID-19 crew constraints. The agency found it ought to have known its first officer hadn't finished required training.	$1,000 each, two passengers
Paridon v. Sunwing, 16-C-A-2022	The airline moved the crew scheduled for this flight to rescue a different delayed flight.	Owed

When you're owed, and when you're not

You're owed

A crew shortage, crew “constraints” or crew out of hours delayed you 3+ hours at your final destination, or cancelled your flight with 14 days' notice or less.

Worth challenging

The airline says the shortage came from weather or an earlier delay. Ask whether it had reserve crew and what it did to replace them.

Not owed

You arrived less than 3 hours late, or the airline shows the shortage was outside its control and that it used a reasonable plan to replace the crew.

What to ask the airline for

If the airline refuses, ask it in writing for:

which crew member or position was missing, and why;
when the airline learned about it;
what reserve or standby crew it had at that base that day;
what it did to find replacement crew, and why that didn't work.

Example wording from a LandedLate reply
Staff availability is within a carrier's control. In WestJet v. Lareau, 2025 FCA 149, the Federal Court of Appeal upheld the Agency's requirement that a carrier show it took reasonable measures under a reasonable contingency plan. Please send details of the crew shortage and the steps taken to replace the crew, or pay the compensation owed within 30 days.

Write my reply

Free. LandedLate takes no share of what the airline pays you.

Questions

Is a crew shortage within the airline's control?

Usually, yes. The Canadian Transportation Agency's position is that staff issues are within an airline's control because it controls hiring, training and scheduling. An airline can only argue otherwise if the shortage wasn't caused by its own action or inaction and it took reasonable steps under a contingency plan to find replacement crew.

The airline said the crew shortage was a safety issue. Does that end my claim?

No. Calling a crew problem a safety issue doesn't move it into the no-compensation category by itself. In WestJet v. Lareau (2025 FCA 149), the Federal Court of Appeal upheld an order to pay $1,000 where WestJet cancelled over a missing first officer and couldn't show a reasonable contingency plan.

The airline said "crew constraints". Is that the same as a crew shortage?

Yes. "Crew constraints" and "crew availability" are how airlines usually describe a crew shortage. In Crawford v. Air Canada (107-C-A-2022), Air Canada blamed crew constraints from the COVID-19 pandemic; the agency found it ought to have known its first officer hadn't finished required training, and ordered $1,000 per passenger.

What if the crew ran out of legal duty hours because of an earlier delay?

Then the question becomes what caused the earlier delay and whether the airline took all reasonable steps to stop it spreading to your flight. If the earlier delay was within the airline's control, or the airline didn't take reasonable steps to limit the knock-on effect, compensation applies.

How much is a crew shortage delay worth?

On a large airline such as Air Canada, WestJet, Porter, Flair or Air Transat: $400 per passenger for arriving 3 to 6 hours late, $700 for 6 to 9 hours and $1,000 for 9 hours or more. Small airlines owe $125, $250 or $500.

Sources

General information, not legal advice.