Overview of compliance monitoring and enforcement activities
The CTA is committed to ensuring effective monitoring and enforcement of industry compliance with legislative and regulatory provisions, which is in the interests of travellers, shippers, and the transportation companies that follow the rules and should not face unfair competition from those who don't.
There are two ways the CTA can deal with non-compliance:
1. Members can order corrective actions as part of a formal finding that a provision has been contravened. (Members are decision-makers who are appointed by Cabinet to make adjudicative decisions and regulatory determinations). In some cases, this could include compensating affected parties.
2. Enforcement officers can issue fines (administrative monetary penalties) for contraventions of certain provisions in the following legislation and regulations:
- Canada Transportation Act
- Air Transportation Regulations
- Personnel Training for the Assistance of Persons with Disabilities Regulations
Enforcement officers consider whether to take action in every case where Members find a contravention of these provisions.
Fines can reach $5,000 per offence for individuals and $25,000 for corporations, depending on the type of penalty and contravention. In addition, some specific rail-related violations can reach up to $100,000 per offence.
See statistics and a list of enforcement actions taken by enforcement officers.
The CTA is revamping its Compliance Assurance Program – its approach to ensuring compliance with legislation and regulations.
Periodic inspections of air carriers
Enforcement officers do periodic inspections of air carriers to ensure operating requirements are met.
During the visit, an enforcement officer will:
- review the company's ownership
- verify its licence and other required documents
- review its insurance policy
- examine its financial records, including tickets and invoices
- review its tariffs to ensure they comply with the licence and the law
- ensure it has a training program on how to assist persons with disabilities
Periodic inspections related to accessibility training
The CTA's enforcement officers regularly visit air carriers, airports, train stations and ferry terminals to ensure that employees have the training they need to serve persons with disabilities.
Monitoring insurance requirements for federally-regulated railway companies
Insurance requirements for freight railway companies are based on the volume and type of goods that the railway companies transport. The transportation of crude oil or products that are toxic inhalation hazards requires that the railway company increase the amount of insurance they carry. In addition, in the case of the transportation of crude oil by rail, railway companies must have enhanced terms in their insurance policies.
The CTA monitors railway companies' compliance with these requirements. If a company doesn't maintain the necessary insurance, the CTA can suspend or cancel its certificate of fitness. A CTA enforcement officer can also issue a fine of up to $100,000 – including in situations where a railway company fails to notify the CTA of a change to its insurance requirements.
Any air carrier offering an air service to the public to transport passengers or goods within, to or from Canada must have a valid licence from the CTA.
Enforcement officers will do a targeted investigation if they suspect an air carrier is operating without a licence – or if it doesn't meet the terms and conditions of its licence.
Enforcement officers also consider whether to take action in every case where Members find a contravention of legal requirements enforceable through fines (administrative monetary penalties).
If you have concerns about your air carrier or know about an aircraft being used illegally, you can contact an enforcement officer.
Learn more: Is your air carrier licensed?
Reviews of ads including air fares
Enforcement officers regularly verify that advertisements comply with all-inclusive air price advertising regulations.