On October 26, 2026, Air Canada cancelled multiple flights and denied compensation claims by citing safety-related maintenance, using a loophole that allows airlines to avoid payouts under Canada’s Air Passenger Protection Regulations. The cancellations resulted from the airline swapping scheduled aircraft with others needing maintenance, impacting passengers across key routes.
Passenger Cases Raise Questions on Compensation Denials
Among affected travellers was Juan Rojas from Gatineau, whose Montreal to Bogotá flight was cancelled in September 2022. The airline denied his compensation request citing that a catering truck had damaged the assigned plane, a claim later disproved by records showing the damaged plane was different from his flight’s aircraft.
Rojas challenged Air Canada at the Canadian Transportation Agency (CTA) and was awarded $1,000 in compensation.
Other cases include Michael Bociurkiw’s cancelled Vancouver to Newark flight in February 2026 during a Bangkok-Vancouver-Newark itinerary, Carlos Fernandez’s May 2026 Las Vegas to Toronto flight, and Alison Monaghan’s July 2026 Toronto to Vancouver flight. In each, Air Canada denied compensation using the safety maintenance excuse while records indicated the originally assigned planes were operational on other routes later.
Commercial Decisions Behind Aircraft Reassignment
Air Canada admitted these cancellations stemmed from commercial choices involving the reassignment of functional aircraft to cover routes where originally assigned planes required safety maintenance.
In statements, the airline emphasized the fluidity of aircraft schedules and operational adjustments to reduce overall passenger disruption. Despite this, a CTA complaint resolution officer ruled that swapping aircraft to avoid delays on some flights at the expense of others is a commercial decision requiring compensation.
Legal Framework and the Maintenance Loophole
Canada’s Air Passenger Protection Regulations permit up to $1,000 compensation for delayed or cancelled flights unless disruptions result from safety concerns. However, the CTA ruled in 2022 that cancellations must be directly caused by mechanical issues, not by consequential or operational decisions. Air Canada’s use of maintenance as an exemption to deny payments exploits
a regulatory gap where safety-related maintenance can mask commercial reassignment tactics.
Similar Practices and Consumer Advocacy Calls
WestJet, Canada’s other major airline, has been reported using similar maintenance exemptions to deny compensation, prompting CTA investigations though decisions remain unpublished due to privacy. Legal experts and consumer advocates like Sylvie De Bellefeuille of Option consommateurs and Gabor Lukacs of Air Passenger Rights condemned the maintenance loophole. De Bellefeuille described it as “a huge duffel bag in which they can put anything and everything,” while Lukacs criticized Air Canada for disregarding settled legal interpretations. The CTA has not issued fines against Air Canada for mislabeling cancellations as maintenance-related.
Passenger Impact and Calls for Regulatory Reform
Passengers denied compensation under the maintenance exemption face difficulties challenging airlines’ claims due to limited access to flight information and legal support. Juan Rojas said, “I felt like they were trying to cheat the system.” The controversy highlights a power imbalance and ongoing risks of financial losses without reimbursement for passengers affected by cancellations attributable to operational aircraft swaps. Advocates urge the Canadian government to revise regulations to close the loophole and enhance transparency in compensation disputes.
Uncertainties and Official Responses
The total number of passengers affected by Air Canada’s cancellations on October 26, 2026, remains undisclosed. The Canadian Transportation Agency does not currently
publish dispute decisions publicly but plans to do so next year. Transport Minister Steven MacKinnon declined interview requests regarding the issue. No information was available on whether Air Canada intends to change its practices concerning aircraft reassignment to avoid payouts.
