Compensation for accessibility-related complaints
Amount of compensation the Agency can award for accessibility-related complaints
Since January 1st 2022, the maximum compensation for accessibility-related complaints has increased to $20,536.81.
In the context of an accessibility complaint, the Canadian Transportation Agency (CTA) may award compensation for pain and suffering and compensation if an undue barrier or contravention of an accessibility-related regulation is the result of a willful or reckless practice.
The Canada Transportation Act sets the maximum amount for each of these types of compensation at $20,000 and requires the CTA to adjust it for inflation every year.
In a determination issued on December 24, 2021, the CTA calculated the adjusted amount as being $20,536.81 for the year 2022.
About the remedies for accessibility-related complaints
When the Agency finds that there is an undue barrier, it has the power to:
- require that the respondent take appropriate corrective measures;
- direct the respondent to compensate a person with a disability for any expenses arising out of the barrier;
- direct the respondent to compensate a person with a disability for wages lost as a result of the barrier;
- direct the respondent to compensate a person with a disability for pain and suffering arising out of the barrier, up to a maximum of $20,000 (subject to annual adjustments); and/or
- if the Agency determines that the barrier is the result of a wilful or reckless practice, direct the respondent to compensate a person with a disability up to a maximum of $20,000 (subject to annual adjustments).
The Agency may also order any of the remedies listed above if it finds that a respondent has contravened accessibility regulations and, as a result, an applicant has suffered physical or psychological harm, property damage, economic loss, or another adverse effect.
Even where the Agency finds that applicable regulations have not been contravened, it may still find that a particular barrier is undue and order corrective measures―remedy (a) above―but in such a situation, it cannot order other remedies.
Remedies (c), (d), and (e) above are only available for cases involving alleged barriers to mobility that were encountered after July 11, 2019, when the Accessible Canada Act, SC 2019, c 10 came into force.
In most cases, evidence will be required to support an application for compensation of expenses incurred (e.g., receipts), lost wages(e.g., work attendance and salary records), and pain and suffering (e.g., medical documentation). Evidence will also likely be required to support the allegation that a barrier resulted from wilful or reckless practice.
For more information on the Agency's regulations, guidance and guidelines for accessible transportation in Canada, visit our web page on Accessible Transportation.