Will New U.S. Rules On Flight Delays Impact Canadian Travellers in 2027?

Canadians flying to and from the United States could face changes to their passenger protections next year as new U.S. regulations expand the list of flight disruptions considered beyond an airline’s control.

The U.S. Department of Transportation (DOT) is introducing new classifications for 10 types of events that cause flight delays and cancellations, potentially reducing the assistance and compensation airlines provide to affected passengers.

The changes, originally scheduled to take effect October 19, have been postponed until February 1, 2027.

Under the new framework, disruptions involving unexpected mechanical problems, severe weather, cybersecurity incidents, technology outages and passenger deaths may be classified as outside an airline’s control.

The distinction matters because airlines may not be required to provide the same level of assistance, such as meals, hotel accommodations or other amenities, when disruptions fall outside their responsibility.

In its regulatory notice, the DOT acknowledged that “the total value of amenities and compensation currently provided by air carriers to consumers will be reduced under this final rule.”

Passenger advocates push back

The changes have sparked opposition from passenger rights organizations, including U.S.-based FlyersRights, which has filed a lawsuit against the DOT.

The organization argues that the new classifications could allow airlines to avoid responsibility for disruptions that should remain within their control, particularly unexpected mechanical issues.

“A change in reporting classifications is not permission to reduce passenger rights,” said Paul Hudson, president of FlyersRights, in a news release Oct. 30.

“An airline’s choice of a delay code meant for statistical reporting should not and does not determine whether it is responsible for a disruption or has fulfilled its legal or contractual obligations to passengers. The rule sneakily transfers costs from airlines back to passengers for delays involving mechanical problems that are the responsibility and fault of the airlines.”

What does it mean for Canadians?

Despite the concerns, one air passenger rights expert believe the practical impact on Canadians could be limited.

In an interview with CTV News, Gábor Lukács, president of Air Passenger Rights, suggested the changes may have a “minimal” effect on Canadians travelling between the two countries because they have some rights under Canada’s Air Passenger Protection Regulations (APPR).

He said the U.S. changes are “primarily administrative,” involving how airlines classify and report disruptions rather than introducing a new cash compensation system.

At the same time, Lukács criticized Canada’s existing passenger protection framework as “weak,” describing its rules as “unnecessarily complex” and “very difficult to enforce.”

Lukács singled out unexpected maintenance issues as his biggest concern with the new U.S. rules, calling their inclusion “completely unreasonable.”