Crew shortage made you 3+ hours late? You're usually owed compensation

Updated October 1, 2026 · Checked against the regulations as current to September 30, 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. That applies if you learned of the delay or cancellation 14 days or less before departure. To avoid paying, the airline has to prove two things: the shortage wasn't caused by its own action or inaction, and it used a reasonable contingency plan to find replacement crew. The Federal Court of Appeal upheld the agency's insistence on the second part, even where the airline called the cancellation safety-related, in WestJet v. Lareau (2025 FCA 149). Checked against the rules in force on October 1, 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.

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. If your flight was cancelled, see what a cancellation gets you for the rebooking and refund rules.

Rulings on crew shortages

Case	What happened	Result
WestJet v. Lareau, 2025 FCA 149	WestJet cancelled the first leg of a July 2021 Regina to Ottawa trip, less than an hour before departure, when the first officer booked off sick, and called it safety-related. The passenger arrived about 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	Sunwing moved this flight's cabin crew to a weather-delayed flight. The agency found that was Sunwing's own decision, not a knock-on effect of the weather.	$700 each

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

Likely owed

A crew shortage or crew “constraints” got you to your final destination 3+ hours late (including after a cancellation), or cancelled your flight and you took a refund, and you were told 14 days or less before departure.

Worth challenging

The airline says the crew ran out of duty hours after an earlier delay, or that the shortage came from weather. Ask what caused the earlier delay, whether it had reserve crew, and what it did to replace them.

Likely not owed

You arrived less than 3 hours late, you were told more than 14 days ahead, 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.

If the airline still refuses or doesn't answer within 30 days, you can complain to the Canadian Transportation Agency.

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 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.

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 and not required for safety, or the airline didn't take reasonable steps to limit the knock-on effect, compensation applies (sections 10(2), 11(2) and 12).

How much is a crew shortage delay worth?

If the airline can't show the shortage was outside its control or required for safety, and you were told 14 days or less before departure, a large airline such as Air Canada, WestJet, Porter, Flair or Air Transat owes $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 (sections 12 and 19).

Sources

General information, not legal advice.