Text descriptions: Accessible Transportation Complaints Resource Tool for Service Providers

The Agency's process for making disability determinations

Figure 1

It is the responsibility of the person with a disability to provide sufficiently persuasive evidence to establish the existence of a disability.

If an individual meets the following three criteria, then they are a person with a disability for the purposes of Part V of the Canada Transportation Act:

  1. Does the person have an impairment?
  2. Does the impairment lead to an activity limitation sufficient enough to result in an inherent difficulty in executing a task or action?
  3. Does the person face a participation restriction in the context of the federal transportation network?

If all three criteria are met, then the complaint adjudication process continues to obstacle determination.

If an individual does not meet one or more of the criteria, then the individual is not a person with a disability for the purposes of Part V of the Canada Transportation Act.

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The Agency's process in making an obstacle determination

Figure 2

It is the responsibility of the person with a disability to prove that he or she was denied equal access to services that are available to others in the federal transportation network.

Two main questions are considered when making an obstacle determination.

Question 1: was the accommodation requested related to the person's disability?

If no, the individual did not encounter an obstacle.

If yes, then question 2 is considered: was the person with a disability provided with a service that addressed their disability-related needs (i.e., the appropriate accommodation?).

If yes, the individual did not encounter an obstacle.

If no, then the person with a disability has encountered an obstacle and the complaint adjudication process continues to undue obstacle determination.

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The Agency's process in making an undue obstacle determination

Figure 3

It is the responsibility of the transportation service provider to justify the obstacle.

Three main questions are considered when making an undue obstacle determination.

Question 1: has the service provider implemented, or will they implement, the appropriate accommodation?

If yes, the individual has met an undue obstacle and corrective measures are ordered, as necessary.

If no, then question 2 is considered: has the service provider proposed an equally responsive alternative?

If yes, the individual has met an undue obstacle and corrective measures are ordered, as necessary.

If no, then question 3 is considered: has the service provider accommodated the person with a disability up to the point of undue hardship?

If yes, the obstacle is not undue.

If no, the individual has met an undue obstacle and corrective measures are ordered, as necessary.

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