The provision of services, new equipment or facilities, or modifications to a rule, policy, practice, or existing equipment or facilities in order to meet a disability-related need.
Difficulties an individual experiences while executing activities, which may range from a slight to severe deviation in terms of quality or quantity in executing an activity in a manner or to the extent that is expected of people without the impairment. The activity limitation must be significant enough to result in an inherent difficulty in executing a task or action.
What constitutes adequate notice of a person's disability-related needs will vary depending on the situation. However, as reflected in Part VII of the Air Transportation Regulations and in Agency decisions, 48 hours prior to departure is generally considered to constitute adequate notice.
The legal process of resolving a dispute wherein a formal judgment or decision is given after hearing evidence on the factual and legal issues involved.
Burden of proof & balance of probabilities
A party will meet their burden of proof by providing sufficiently persuasive evidence to support their position. The party who bears the burden must establish that their position is more probable than that of the opposing party (balance of probabilities). If the positions of both parties are equally probable, the party with the burden of proof will not have met their burden.
Equally responsive accommodation
The Agency applies the concept of equally responsive accommodation as meaning an alternative form of accommodation that is provided in a dignified manner and that meets the person's disability-related needs.
Federal transportation network
All transportation services under the authority of Parliament. A description of which transportation services are included as part of the federal transportation network may be found in the section on Jurisdiction
A loss or abnormality of a body part (i.e., structure) or the loss or deviation in body function (i.e., physiological function). The existence of an impairment may be established by using the World Health Organization's (WHO) International Classification of Functioning, Disability and Health publication, other related WHO publications and/or medical documentation.
A rule, policy, practice, physical barrier, etc. that discriminates against a person with a disability and has the adverse impact of denying the person with a disability equal access to services that are available to others in the federal transportation network, such that accommodation is required from the service provider.
A problem an individual experiences in involvement in life situations, which is determined by comparing the individual's experience with that of an individual without an activity limitation. An individual will experience a participation restriction for the purposes of Part V of the CTA if they require particular measures to be taken in order that they have equal access to the federal transportation network, which othe r passengers without the activity limitation do not require.
Person with a disability
A person has a disability for the purposes of Part V of the CTA if they have an impairment and an activity limitation and experience a participation restriction in the context of the federal transportation network.
The formal allegations by the parties to a complaint. In the Agency's formal adjudication process, pleadings refer to the parties' respective claims, responses and replies, and any other documentation filed with the Agency regarding the complaint.
The Agency applies the concept of reasonable accommodation as meaning accommodation measures that are responsive to a person's disability-related needs, resulting in an equal opportunity for the person with a disability to attain the same level of transportation services experienced by others in the federal transportation network.
Undue hardship is determined by evaluating the adverse consequences of providing accommodation, considering factors such as:
economic and financial constraints; and
physical or structural constraints.
An obstacle that can be removed without imposing undue hardship on the transportation service provider.