What are my rights during an airline strike? (2024)

We’ve created plenty of content for you about managing everything called IRROPS (irregular operations, i.e., all flight disruptions). But we definitely need to do a better job of consolidating and clarifying it to help you navigate it. It’s a topic that is complex for many people. In the meantime, here’s a useful overview of your rights during an airline strike.

As we told you in August, the Air Canada pilot strike is a very real possibility. Flight cancelations could start as soon as September 13. I explain all the details in a post about the Air Canada strike — including how the free date change offered by the airline might not be the best option.

This post is specifically to remind you of your rights during airline strikes, to help you make a decision with the scenarios I shared in that other post. This particular kind of disruption is pretty rare here in North America (we’re not in Europe, after all), but sadly, most travelers don’t know their rights at all (no matter the disruption’s cause).

Here are your rights during an airline strike — we’ll soon also have a more detailed guide about exactly what you should do if your flight is really canceled, step by step.

Basics of your rights during an airline strike

Here’s an infographic that summarizes the situation.

Here’s a quick overview of those 4 separate sections, then I’ll give you more details on each aspect below.

There are 4 important things to know first and foremost about all flight disruptions:

• Help yourself by always paying for your flight with a good credit card
  • At least it’ll get you free hotel and meals
  • During almost any disruption (such as strikes)
• Take responsibility by knowing your rights and then acting quickly
  • Learn your rights and options in advance
  • Monitor your flight status and prepare a Plan B
  • Communicate with the airline after having done your homework
• Understand that airlines will often deny you your rights
  • The weak federal government lets them get away with it
  • It’s often hard to get everything you should get
  • Especially if you haven’t booked with them directly
• Record all your interactions with airlines
  • Good documentation of the situation will help you enforce your rights

Now, as far as your rights are concerned, you have basic rights that apply regardless of destination if your flight is canceled in this strike situation. You always get to choose 2 options for all flights:

• Completion of your itinerary for free on other airlines
• Full refund in cash and return to point of departure

Then, on top of that, you have additional rights depending on your specific route:

• Domestic flights within Canada
• International flights
• Flights from the EU, the UK, Iceland, Switzerland, and Norway

Finally, and very importantly, you have additional rights if the airline cancels your flight before the strike (as opposed to during the strike or after the strike) or declares a lock-out (instead of letting a strike happen). Pre-emptive flight cancelations are actually the most likely of all scenarios, as Air Canada has announced that they are planning to start cancelations on September 13.

Here are all the details.

Your rights for all flights

So I’ll start with what is simple and what always applies, so the minimum, for all flights canceled by an airline because of a strike (I repeat: cancelations before the start of the strike give you more rights listed at the end of this post).

Airlines are obligated to give you the choice between these 2 options:

• Complete your trip on another airline
  • They have to pay a ticket no matter what the price is
  • Even on airlines they do not partner with
  • If they can’t rebook you after 48 hours
  • It can be from your original airport (if there is availability)
  • It can be from other nearby airports
    • They also have to pay for your transportation to this other airport
• Get a full refund and return to your starting point
  • They have to refund you in full in cash (no travel credit/voucher)
  • You can get your money back even if you’ve already left 
    • If their cancelation means that your trip is no longer valid
    • For example, if the alternative return flight doesn’t suit you
    • They have to pay you a ticket back to your starting point

You should politely let airline employees know that your rights are very explicitly detailed in Article 18 of Canada’s Air Passenger Protection Regulations.

That’s wonderful; getting another flight on any airline. So simple. Amazing indeed… if it works. Unfortunately, airlines will often simply refuse to pay for the ticket on another airline, even though you’re definitely entitled to it. The federal government is entirely complicit in letting this happen — they don’t enforce their own rules, so…

If you didn’t book with the airline directly (you always should), they’ll use that excuse even if your rights don’t depend on where/how you booked, and it’s the airline’s responsibility to give you those 2 choices. But even if you did book with them, they often will just say no, because there are no consequences for them.

This means you have to book yourself another ticket that is extremely expensive and then ask for a refund, or possibly even sue them in small claims court to get your money back. The airlines are well aware that the vast majority of people aren’t going to want to take that risk — even if the regulations are clear — and will just opt for a refund. It’s much cheaper for the airlines that way!

To be clear, if you choose the option to get a refund of your original flight, that is easy to get. It’s meant to be very simple so that travelers choose that. But if you choose the refund, you will not be able to claim the reimbursement for a replacement flight (except if it was to get you back to your point of origin). It’s one OR the other with those 2 options above.

Your additional rights for domestic flights in Canada

Your rights for all flights (listed above) are all you are owed if your flight is within Canada, since our passenger protection regulations protect the airlines more than the passengers, as I’ll explain below if you’re interested.

You should be entitled to monetary compensation, but the Canadian government lets the airlines get away with pretending that a labor dispute is “outside their control”.

These are their own employees, I honestly don’t know how it can be more within their control. In European regulations, labor disputes are explicitly considered to be within the airlines’ control (logically). But not in Canada.

Your additional rights for international flights

In addition to your rights for all flights (listed above), if your flight is international you are better protected than for a domestic flight in Canada.

It’s thanks to an international regulation that is ironically called the Montreal Convention (or Montreal Protocol). It covers all international flights, but not domestic flights, unfortunately.

So the airline also theoretically owes you 2 additional things if they cancel your international flight due to a strike:

• Compensation for your losses due to the cancelation
  • Your lost wages for example
  • Any other loss
  • Up to $10,000 per passenger
• Reimbursement of certain expenses
  • Accommodation, meals, and transportation on-site during the delay
  • But it’s so much easier to get that refunded without any effort
  • Details of the amazing insurance benefits that reimburse you fast are below

To claim afterward, you need to cite Article 19 of Canada’s Carriage by Air Act. This one is a little less explicit, but apparently, in court, this strike announced in advance shouldn’t relieve airlines of their responsibilities based on case law. But let’s say I wouldn’t incur losses on purpose just to claim them, and for expenses, I’d certainly use my free insurance as always. I’m certainly no lawyer.

Once again, the airlines will do everything in their power to discourage travelers from getting what’s owed to them by refusing to pay these compensations. They’ll try to stretch the passengers’ patience as far as possible so that they give up.

Your additional rights for flights FROM most of Europe

In addition to your rights for all flights AND your rights for all international flights (listed above), you have additional rights if your flights involve 1 of the 27 European Union countries, the United Kingdom, Iceland, Switzerland, or Norway.

If your flight is operated by a non-European airline (like Air Canada), those additional rights only apply if one of your flights is departing from one of those countries (but not TO those countries). If your flight is operated by an airline based in one of those countries, your additional rights apply to flights in both directions.

(By the way, this makes it more advantageous to travel on European airlines — at least if the price is the same — to be well-protected in both directions and not just in one direction like with Canadian and American airlines!)

A flight departing from Europe is the best scenario. You are also entitled to a simple guaranteed monetary compensation through what is called the EU 261 regulation (which can also make the reimbursement of certain expenses simpler than elsewhere, but not simpler than with free insurance).

So if an airline cancels such a flight due to a strike, the airline also owes you:

• Monetary compensation (in cash)
  • €600 (≈ $879) per passenger (delay of more than 4 hours)
  • €300 (≈ $440) per passenger (delay of less than 4 hours)
• Reimbursement of certain expenses
  • Accommodation, meals, and transportation on-site during the delay

The difference is the claims process with this regulation is very efficient (not like in Canada). The one time I was lucky enough to have a delayed flight in Europe, I got my monetary compensation quite quickly and easily.

Your additional rights if the airline cancels a flight BEFORE a strike or during a LOCK-OUT

You remember that in your basic rights for all flights, airlines are obligated to give you the choice between these 2 options:

• Complete your trip on another airline
• Get a full refund and return to your starting point

Well, these options are significantly enhanced when the airline cancels your flight before a strike, as Air Canada most likely will, or when the airline declares a lock-out.

In those 2 scenarios, here are your basic rights (your additional international rights remain in effect, obviously):

• Complete your trip on another airline (9 hours instead of 48 hours) AND cash compensation up to $1000
• Get a full refund and return to your starting point AND cash compensation of $400

Again, you should politely let airline employees know that your rights are very explicitly detailed in Article 18 of Canada’s Air Passenger Protection Regulations.

The faster rebooking and the cash compensation are due to the fact that canceling flights before a strike or due to a lock-out is considered within the airline’s control, unlike the strike itself (in Canada; I repeat that in Europe, a strike is within airlines’ control).

That cold hard cash ($1000, $700, or $400 per passenger, based on the length of the delay) is clearly enticing on paper. But the reality is, again, airlines (not just Air Canada, to be clear… WestJet did the same thing with their strike this summer) often deny you your rights. That means they might simply ignore the law (the federal government lets them do it unpunished so…) and then you have to book an expensive flight on another airline on your own and pay out of pocket and then claim a reimbursement from the airline that canceled your flight. 

That’s really not necessarily easy to do, contrary to credit card insurance reimbursements that are so easy and effortless. So that’s definitely something to factor in if you don’t have as much liquidity and/or don’t want the hassle or risk. 

Maybe the other option of a full refund and $400 is better than the price of booking a backup flight. Still, then again, the cash compensation element will be hard to claim because the airline will almost certainly say that a pre-emptive cancelation or a lock-out cancelation is outside their control, like a strike, even if it’s not true. You’ll need to fight for it.

To be clear, contrary to the rebooking and the cash compensation, the refund part is easy to get if you choose that option. But as mentioned above, if you accept a refund of your original flight, you cannot claim a reimbursement for a replacement flight.

Your way to get free hotels and meals during the delay

It’s so easy to always get a free hotel and meals during any flight disruption, no matter the reason. Effortlessly.

I want to remind you of the most important thing, which is exceedingly useful to know for all travelers because you’re inevitably going to face flight disruptions someday.

(If your flights are never disrupted… clearly, you don’t travel often enough — and we want to help you change that!)

The most important thing is to always pay for any flight with a credit card that has flight delay insurance! It’s so simple, and so few people know it (like many travel tips). 

You’ll at least get free hotels and meals during a flight disruption, so at least you avoid:

• Having to pay for it out of your pocket when the airlines owe you nothing (i.e. weather delays)
• Having to fight with the airline if they are supposed to cover it
• Having to wait in line and beg the airline for a hotel
• Having to complain that you don’t have a hotel or that you have to pay for it
• Having to settle for a very basic non-luxury hotel if they give you a hotel

I don’t take the term lightly; it’s really THE most important thing when it comes to paying for a flight!

You will get this insurance for free better than free: you will get paid for this insurance because many cards with good welcome bonuses have this free insurance!

Here are the top few and stay tuned for a full guide to my 13 personal experiences with flight delay insurance claims (all of which have been positive).

Best credit card offers (October 2024)
NEW TD® Aeroplan® Visa Infinite* Card
Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000
Min. spend (bonus): $12k in 12 mos. (incl. $7.5k in 180 days)†
WELCOME BONUS ( VALUATION)	SEE MORE ends January 6th
≈ $791Flytrippers Valuation Welcome bonus (after 1st purchase): 10,000 pts (≈ $150) Welcome bonus (after $7.5k min. spend): 15,000 pts (≈ $225) Earn on $7.5k min. spend: 7,500 pts (≈ $113) Anniversary bonus (after another $4.5k in spend): 25,000 pts (≈ $375) Earn on another $4.5k in spend: 4,500 pts (≈ $67) Card fee (year 1): rebated the 1st year (-$0) Card fee (year 2): deducted (-$139)
Rewards: ≈ $791
Annual fee: $0 $139
Best for: Valuable Aeroplan pts and travel benefits like free bags on AC
NEW TD First Class Travel® Visa Infinite* Card
Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000
Min. spend (bonus): $5k in 6 months
WELCOME BONUS ( VALUATION)	SEE MORE ends January 6th
$1025Flytrippers Valuation Welcome bonus (after 1st purchase): 20,000 pts ($100) Welcome bonus (after min. spend): 115,000 pts ($575) Earn on min. spend: 30,000 pts ($150) Annual travel credit (2024): On 1st $500 hotel booking ($100) Annual travel credit (2025): On 1st $500 hotel booking ($100) Card fee: rebated the 1st year (-$0)
Rewards: $1025
Annual fee: $0 $139
Best for: Among highest offers for simple points use for any trip
Show more
Scotiabank Gold American Express® Card
Min. income (card): $12kMinimum personal income of $12,000
Min. spend (bonus): $7.5k in 12 mos. (or $1k for lower bonus)
WELCOME BONUS ( VALUATION)	SEE MORE ends October 31st
$825Flytrippers Valuation Welcome bonus (after $1k in 3 mos.): 25,000 pts ($250) Welcome bonus (after another $6.5k in 1y): 20,000 pts ($200) Earn on min. spend (1k$): 5,000 pts ($50) Earn on min. spend ($6.5k): 32,500 pts ($325) Card fee: 1st year free (-$0)
Rewards: $825
Card fee: $0 $120
Best for: Very good travel insurance and earn rate
NEW RBC Avion Visa Infinite Card
Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000
Min. spend (bonus): $5k in 6 mos.
WELCOME BONUS ( VALUATION)	ends November 25th SEE MORE  apply now
≈ $780Flytrippers Valuation Welcome bonus (after 1st purchase): 35,000 pts (≈ $525) Welcome bonus (after min. spend): 20,000 pts (≈ $300) Earn on min. spend: 5,000 pts (≈ $75) Card fee: deducted (-$120)
Rewards: ≈ $900
Card fee: $120
Best for: Versatile rewards valuable or simple great if you're flexible
American Express® Gold Rewards Card
Min. income (card): $0No minimum income required.
Min. spend (bonus): $1k/month for 12 months
WELCOME BONUS ( VALUATION)	SEE MORE
≈ $930Flytrippers Valuation Welcome bonus: 60,000 pts (≈ $900) Earn on min. spend: 12,000 pts (≈ $180) Annual credit: can be cashed out ($100) Card fee: deducted (-$250) Also offered but not included in Valuation: NEXUS credit ($50)
Rewards: ≈ $1180
Card fee: $250
Best for: Valuable rewards and 4 airport lounge passes
Terms and conditions apply. Flytrippers editorial opinion only. Financial institutions are not responsible for maintaining the content on this site. Please click "See More" to see most up-to-date information.

Best credit card offers (October 2024)		WELCOME BONUS ( VALUATION)	Best for
NEW	TD® Aeroplan® Visa Infinite* Card Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000 Min. spend (bonus): $12k in 12 mos. (incl. $7.5k in 180 days)†	≈ $791Flytrippers Valuation Welcome bonus (after 1st purchase): 10,000 pts (≈ $150) Welcome bonus (after $7.5k min. spend): 15,000 pts (≈ $225) Earn on $7.5k min. spend: 7,500 pts (≈ $113) Anniversary bonus (after another $4.5k in spend): 25,000 pts (≈ $375) Earn on another $4.5k in spend: 4,500 pts (≈ $67) Card fee (year 1): rebated the 1st year (-$0) Card fee (year 2): deducted (-$139) Rewards: ≈ $791 Annual fee: $0 $139	Valuable Aeroplan pts and travel benefits like free bags on AC	SEE MORE ends January 6th
NEW	TD First Class Travel® Visa Infinite* Card Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000 Min. spend (bonus): $5k in 6 months	$1025Flytrippers Valuation Welcome bonus (after 1st purchase): 20,000 pts ($100) Welcome bonus (after min. spend): 115,000 pts ($575) Earn on min. spend: 30,000 pts ($150) Annual travel credit (2024): On 1st $500 hotel booking ($100) Annual travel credit (2025): On 1st $500 hotel booking ($100) Card fee: rebated the 1st year (-$0) Rewards: $1025 Annual fee: $0 $139	Among highest offers for simple points use for any trip	SEE MORE ends January 6th
	Scotiabank Gold American Express® Card Min. income (card): $12kMinimum personal income of $12,000 Min. spend (bonus): $7.5k in 12 mos. (or $1k for lower bonus)	$825Flytrippers Valuation Welcome bonus (after $1k in 3 mos.): 25,000 pts ($250) Welcome bonus (after another $6.5k in 1y): 20,000 pts ($200) Earn on min. spend (1k$): 5,000 pts ($50) Earn on min. spend ($6.5k): 32,500 pts ($325) Card fee: 1st year free (-$0) Rewards: $825 Card fee: $0 $120	Very good travel insurance and earn rate	SEE MORE ends October 31st
NEW	RBC Avion Visa Infinite Card Min. income (card): $60k or $100kMinimum personal income of $60,000 or minimum household income of $100,000 Min. spend (bonus): $5k in 6 mos.	≈ $780Flytrippers Valuation Welcome bonus (after 1st purchase): 35,000 pts (≈ $525) Welcome bonus (after min. spend): 20,000 pts (≈ $300) Earn on min. spend: 5,000 pts (≈ $75) Card fee: deducted (-$120) Rewards: ≈ $900 Card fee: $120	Versatile rewards valuable or simple great if you're flexible	ends November 25th SEE MORE  apply now
	American Express® Gold Rewards Card Min. income (card): $0No minimum income required. Min. spend (bonus): $1k/month for 12 months	≈ $930Flytrippers Valuation Welcome bonus: 60,000 pts (≈ $900) Earn on min. spend: 12,000 pts (≈ $180) Annual credit: can be cashed out ($100) Card fee: deducted (-$250) Also offered but not included in Valuation: NEXUS credit ($50) Rewards: ≈ $1180 Card fee: $250	Valuable rewards and 4 airport lounge passes	SEE MORE
Terms and conditions apply. Flytrippers editorial opinion only. Financial institutions are not responsible for maintaining the content on this site. Please click "See More" to see most up-to-date information.

As for the Air Canada situation specifically, if your flight is already booked, obviously, you can’t go back if you made the common mistake of not paying with a credit card that has flight delay insurance.

At least fix that for the next time! That’s why one of the 7 most vital tips to travel for less (and better) is to invest the time to prepare your trips well!

If you paid with a credit card that offers flight delay insurance, validate that work conflicts are covered.

I just checked my 2 cards that I use most often to pay for flights (American Express Platinum Card and TD Aeroplan Visa Infinite Card) and both cover strikes… but there are 200+ cards in Canada and you paid for your Air Canada flight with just one card, so just check your certificate of insurance for that card (it will be easier than us reading 200+ insurance certificates).

If it’s covered by your card too, you’ll at least get meals and hotel covered effortlessly!

Choose a Marriott hotel and earn rewards in at least 3 ways on that stay too, to get future free nights too! You’ll earn rewards by paying the hotel with your credit card, you’ll earn rewards via the hotel’s rewards program directly, and you’ll earn rewards by going through a shopping portal!

Your responsibility to improve your odds

To get rebooked on another flight, you need to take responsibility!

Theoretically, since this is a major situation, Air Canada employees should be willing to do what they can to give you that… but if everyone wants to be accommodated at the same time to a very limited number of seats on other airlines, it’s not going to be particularly easy.

As with everything else in the travel world, being quick and proactive will help you. Obviously, don’t go to the Air Canada counter with nothing prepared, and hope they do everything for you… find the flight numbers and solutions you want and give it to them. Make their life easier.

Take responsibility for yourself, as we’ve already explained at length. We’ll improve and update that old post and clarify all the tips in our upcoming guide on flight disruptions, as mentioned.

Your recourse to enforce your rights

Canada has the weakest and least protective passenger “protection” regulations of any country that has them. It’s not just us saying this (and we’ve been saying it since launch day several years ago); a House of Commons committee also says so.

(Not surprisingly, because it’s not even debatable… despite the fact that people still blindly believe politicians’ bullsh*t. We saw during the pandemic that there are many people like that, unfortunately!)

That’s why, in Canada, there is a huge difference between:

• What the airlines theoretically owe you according to the regulations
• What the airlines decide to give you because they are not monitored

These are 2 very very very different things (here in Canada).

Once again, our federal government doesn’t know how to do anything other than be soft on everything, so the airlines have no consequences if they don’t comply with the regulations. So of course they often don’t!

You can make a complaint to the Canadian Transportation Agency. At last count, there was a backlog of 71,000 complaints and an estimated 18-month delay for new ones to be processed. Very efficient — like everything else our federal government manages, basically.

So, what this means in practice is that your rights are far from guaranteed.

You may have to go to small claims court against Air Canada; it’s pretty much the only way to enforce your rights as a passenger in many situations because of this absolutely absurd Canadian system.

Your documentation of all interactions and events

You should record and document every interaction with airlines during disruptions, as this will be very helpful in enforcing your rights.

If you speak to an employee, there are free apps to record that. If you receive any communication whatsoever, keep it.

Want to get more content about flight disruptions?

Summary

The Air Canada strike (or potential pre-emptive cancelations) could affect air travel in Canada in the coming days. It’s very important to know your rights and some tips for these situations. Even if labor disputes are rare here (we are not in Europe, after all), there can still be plenty of disruptions, so we’ll cover all these in more detail soon.

What would you like to know about your rights during an airline strike? Tell us in the comments below.

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Featured image: Infographic (image credit: Flytrippers)

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