New US Flight Delay Regulations Will Lead to Less Compensation for Passengers

Image: Compensation for delayed and cancelled flights in the US will be even harder to get. (Photo Credit: Courtesy AdobeStock)
Image: Compensation for delayed and cancelled flights in the US will be even harder to get. (Photo Credit: Courtesy AdobeStock)
Jen Mallia
by Jen Mallia
Last updated: 11:55 AM ET, Tue November 3, 2026

New rules regarding flight delays and cancellations in the U.S. are slated to come into effect next year, although they won’t affect the majority of Canadian passengers. It’s still wise to be aware that the rules for compensation for flights to and from Canada differ greatly from those that govern flights within the U.S. 

While passengers on flights that land in or depart from Canada are covered under our Air Passenger Protection Regulations (APPR), passengers flying on domestic routes in the U.S. or to and from the U.S. (but not originating or landing in Canada) will be covered by these new rules. So Canadians who are used to hopping across the border to grab a flight from handy airports like Seattle, Buffalo or Detroit will especially need to make note.

In September, the U.S. government identified as “outside an airline’s control” 10 events that could cause a flight delay or cancellation. These include things like the death of a passenger, unscheduled mechanical issues, severe weather, cybersecurity attacks and potential tech outages. It’s an important distinction, because events that are considered to be outside an airline’s control are not eligible for passenger compensation. 

FlyersRights, a passengers’ rights group in the U.S., is taking issue with these new classifications (which were originally supposed to come into effect on Oct. 19, 2026 but have since been pushed back to Feb. 1, 2027) and is suing the U.S. Department of Transportation over what it says amounts to shifting costs onto passengers. 

“A change in reporting classifications is not permission to reduce passenger rights,” Paul Hudson, president of FlyersRights, said in astatement. “... The rule sneakily transfers costs from airlines back to passengers for delays involving mechanical problems that are the responsibility and fault of the airlines.” 

The D.o.T. acknowledges that "the total value of amenities and compensation currently provided by air carriers to consumers will be reduced under this final rule because of the 10 delineated causes of delay and cancellation that will now be excluded,” meaning that passengers will get less under the new rules than they do now. What they get now is fairly meagre, compared with delay and cancellation compensation in Canada and the E.U. Under the current DOT regulations, disrupted flights may allow travellers to get hotel or meal vouchers, rebook flights or get refunds; there is no cash compensation. 

Under the new rules, this compensation will be required even less. 

Related: DOT Delays New Cancellation and Delay Refund Rule Until 2027



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Jen Mallia

Jen Mallia

Senior Editor

Jen Mallia is an Edmonton-based writer, editor, and Oxford comma apologist. She is a former senior editor of the CAA/AMA Insider magazines and has written for a host of publications, including The Globe and Mail. National Post, The Guardian, Today's Parent, and InStyle. 

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