Types of contraventions - Accessiblity

A Designated Enforcement Officer who believes that a regulated entity has committed a violation of an obligation made for the purpose of identifying or removing barriers or preventing new barriers in the federal transportation network to the mobility of persons with disabilities may issue an Notice of violation that contains a Warning or an Administrative Monetary Penalty (AMP). AMPs are administered based on a progressive scheme of penalties aimed at fostering compliance.

Enforcement officers monitor compliance with the following legislation and regulations:

This table show the level of severity of each type of violation. To search the table below by legislation or regulation, use the corresponding acronym (e.g. CTA, ATR, PTR)

Legislation/
Regulation
Provision Violation Severity of Violation Maximum Corporate/Individual penalty
CTA 172(3) Not complying with an Agency order requiring the taking of corrective measures. D (Very Serious) 25,000/5,000
CTA 172(3) Not complying with an Agency order directing the payment of compensation. D (Very Serious) 25,000/5,000
CTA 173(1) Knowingly making a false or misleading statement or knowingly providing false or misleading information to the Agency or to any person acting on behalf of the Agency in connection with any matter under the Canada Transportation Act. - 25,000/5,000
CTA 173(2) Knowingly obstructing or hindering or making a false or misleading statement, either orally or in writing, to a person designated as an enforcement officer who is engaged in carrying out functions under the Canada Transportation Act. C (Serious) 25,000/5,000
CTA 178(5) Not providing reasonable assistance at the request of an enforcement officer and/or not furnishing information at the request of an enforcement officer. C (Serious) 25,000/5,000
ATR 147(1) Failure to provide the following services to a person with a disability who, as required under subsection 151(1), requested such services at least 48 hours before the scheduled time of departure of the person's flight:
(a) assisting with registration at the check-in counter;
(b) assisting in proceeding to the boarding area;
(c) assisting in boarding and deplaning;
(d) assisting in stowing and retrieving the person’s carry-on baggage;
(e) transferring the person between the person’s own wheelchair, scooter or other mobility aid and a wheelchair, boarding chair or other mobility aid provided by the air carrier;
(f) transferring the person between a wheelchair, boarding chair or other mobility aid and the person’s passenger seat;
(g) assisting the person, other than by carrying the person, in moving to and from an aircraft washroom, including assisting the person in using an on-board wheelchair where one is available;
(h) assisting in retrieving the person’s checked baggage;
(i) assisting in proceeding to the general public area or, where a person is changing to a flight of another air carrier within the same terminal, to a representative of the receiving air carrier;
(j) serving special meals, where available, and providing limited assistance with meals such as opening packages, identifying items and cutting large food portions; and
(k) inquiring periodically during the flight about the person’s needs, and attending to those needs where the services required are usually provided by the air carrier, or where the services are required to be provided by the air carrier under this Part.
C (Serious) 250,000
ATR 147(2) Failure to describe, if requested when a reservation is being made for a person, the services that the air carrier is required, pursuant to this section and sections 148 and 149, to provide to persons with a disability and any conditions in respect of those services set out in those sections and section 151, and any additional service that the air carrier provides to persons with a disability and any conditions in respect of that additional service and/or failure to confirm, after asking the person, which services that person request C (Serious) 250,000
ATR 148(1) Subject to subsection (2) and section 151, failure to accept for carriage as priority baggage, without charge and in addition to the free baggage allowance permitted to a passenger, the following aids, where it is required for the mobility or well-being of the person with a disability:
(a) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;
(b) a manually operated folding wheelchair;
(c) a walker, a cane, crutches or braces;
(d) any device that assists the person to communicate better; and
(e) any prosthesis or medical device.
B (Minor) 250,000
ATR 148(2)(b) Failure to advise a person with a disability about transportation arrangements that are available for electric wheelchairs, scooters or manually operated rigid frame wheelchairs where an air carrier operated an aircraft that had fewer than 60 passenger seats and the design of the aircraft did not permit the carriage of the person's aid. B (Minor) 250,000
ATR 148(3) Failure to allow a person in a manually operated wheelchair to remain in the wheelchair until the person reaches the boarding gate from which the person's flight is to depart; or where facilities permit, while the person is moving between the terminal and the door of the aircraft; or where space and facilities permit, while the person is moving between the terminal and the passenger seat. B (Minor) 250,000
ATR 148(4) Subject to subsection (5), failure by an air carrier that accepts for carriage a person's aid referred to in paragraph 1(a), (b) or (c), to, without charge:
(a) disassemble and package the aid;
(b) where the person has been required to board the aircraft in advance of other passengers pursuant to subsection 147(3), identify the aid as priority baggage;
(c) unpackage and reassemble the aid; and
(d) return the aid to the person promptly on arrival at the person's destination.
C (Serious) 250,000
ATR 148(5) Failure to allow a person who requires a wheelchair to store the wheelchair in the passenger cabin, where space permits, without charge or failure to allow a person who requires either a walker, a cane, crutches, braces, any device that assists the person to communicate better or any prosthesis or medical device to retain the aid in the person's custody during the flight, where space permits, without charge. B (Minor) 250,000
ATR 149(1) Failure to accept a service animal for carriage without charge where the animal is required by a person for assistance and where the animal is certified, in writing, as having been trained by a professional service animal institution to assist a person. D (Very Serious) 250,000
ATR 149(2) Failure to permit a service animal, where the animal is properly harnessed in accordance with standards established by a professional service animal institution, to accompany the person on board the aircraft and to remain on the floor at the person's passenger seat. D (Very Serious) 250,000
ATR 150 Failure to inquire periodically about the needs of a person who is in a wheelchair, boarding chair or any other device in which the person is not independently mobile while the person was waiting for a flight after check-in or was in transit between flights and/or failure to attend to those needs where the services required are usually provided by the air carrier or are required to be provided by the air carrier under Part VII. C (Serious) 250,000
ATR 151(2) Failure to provide an additional service set out in the air carrier's tariff when a person with a disability requested the service at least 48 hours before the scheduled departure of the flight. B (Minor) 250,000
ATR 151(3) Failure to make a reasonable effort to provide the air services where a request for a service referred to in subsection (1) or (2) is not made at least 48 hours before the scheduled time of departure of the person's flight.  B (Minor) 250,000
ATR 151(4) Failure to cooperate as much as is possible with the other air carrier in providing the requested service, where a person who has requested from an air carrier a service referred to in subsection (1) or (2) must travel on a flight of another air carrier because of a flight cancellation or the substitution by the original air carrier of an aircraft that has fewer than 30 passenger seats. B (Minor) 250,000
ATR 152 Failure to
(a) where the air carrier has facilities to do so, indicate in the record of a person's reservation any services that the air carrier will provide to the person;
(b) provide a person with a written confirmation of the services that the air carrier will provide to the person;
(c) transmit the information referred to in paragraph (a) to the appropriate personnel of the air carrier and, where a person is changing to a flight of another air carrier, to the appropriate personnel of that other air carrier at any transfer point indicated on the person's ticket and at the person's final destination; and
(d) make reasonable efforts to inform the air carrier's agents of the requirements set out in paragraphs (a), (b) and (c).
A (Administrative) 250,000
ATR 153 (1) Failure to inform the person who identifies the nature of that person's disability of those passenger seats in the aircraft to be used that are most accessible for that person, before assigning a passenger seat to that person, when the person identifies the nature of their disability.
(2) Failure to assign accessible passenger seats last to passengers without disabilities, where an air carrier is capable of assigning passenger seats before a passenger flight.
(3) Failure to make a reasonable effort to ensure that accessible passenger seats are the last seats made available to passengers without disabilities, where an air carrier is not capable of assigning passenger seats before a flight.
B (Minor) 250,000
ATR 154 Failure to accept the determination made by or on behalf of a person with a disability that the person does not require any extraordinary service during a flight. D (Very Serious) 250,000
ATR 155(1) Failure to immediately provide a suitable temporary replacement of a person's mobility aid, without charge, where it was damaged during carriage or not available at the person's destination. D (Very Serious) 250,000
ATR 155(2) Failure to arrange for the prompt and adequate repair, at the carrier's expense, of a person's mobility aid where it was damaged during carriage and can be repaired promptly and adequately. C (Serious) 250,000
ATR 155(3) Failure to replace a damaged or lost mobility aid with an identical one satisfactory to the person or reimburse the person for the full replacement cost of the aid where the aid is damaged during carriage and cannot be repaired promptly or adequately or where it is lost for more than 96 hours after the person's arrival at the person's destination. D (Very Serious) 250,000
ATR 155(4) Failure to allow a person to use a temporary replacement aid until the time the person's own aid is repaired and returned or, where the aid was to be replaced or the person was to be reimbursed, until a reasonable amount of time has elapsed to replace the aid. D (Very Serious) 250,000
ATR 156 Failure to promptly inform the person with a disability that that person may file an application for inquiry with the Agency pursuant to subsection 172(1) of the Canada Transportation Act and any rules made pursuant to section 17 of the same act, where an air carrier receives a complaint in respect of the terms and conditions of carriage set out in Part VII of the Air Transportation Regulations from or on behalf of a person with a disability and is unable to respond to the complaint to the satisfaction of that person. A (Administrative) 250,000
PTR 4 Failure by a carrier or terminal operator to ensure that all their employees and contractors who provide transportation related services and who may be required to interact with the public or to make decisions in respect of the carriage of persons with disabilities receive a level of training appropriate to the requirements of their function in the areas listed in this section. C (Serious) 250,000
PTR 5 Failure by a carrier to ensure that all its employees and contractors who may be required to provide physical assistance to a person with a disability receive a level of training appropriate to the requirements of their function in the areas listed in this section. C (Serious) 250,000
PTR 6 Failure by a carrier to ensure that all its employees and contractors who may be required to handle mobility aids receive the training described in section 4 and the level of training appropriate to the requirements of their function in the areas listed in this section. C (Serious) 250,000
PTR 7 Failure by a carrier to ensure that all its employees and contractors who may be required to assist with special equipment or aids receive the training described in section 4 and the level of training appropriate to the requirements of their function in the areas listed in this section. B (Minor) 250,000
PTR 8 Failure by a carrier or terminal operator to ensure that all their employees and contractors who are required by these Regulations to receive training to complete their initial training within 60 days after the commencement of their duties. A (Administrative) 250,000
PTR 9 Failure by a carrier or terminal operator to ensure that all their employees and contractors receive periodic refresher training sessions appropriate to the requirements of their function. A (Administrative) 250,000
PTR 10 Failure by a carrier or terminal operator to keep its training program current by incorporating, at the earliest opportunity, any new information on procedures and services offered or any specific technologies introduced by the carrier or terminal operator to assist persons with disabilities. A (Administrative) 250,000
PTR 11 Failure by a carrier or terminal operator to keep available for inspection by the Agency and the general public a copy of its current training program prepared in the form set out in the schedule and containing the information required therein. A (Administrative) 250,000
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