Helpful tips - Accessible transportation of large wheelchairs and mobility aids

If you are travelling by air and need to bring a large wheelchair or mobility aid, you should know your rights and what airlines must do to help.

What is the airline’s obligation with respect to my mobility aid?

In general, airlines must transport a mobility aid if a passenger tells the airline at least 48 hours in advance of their flight that their mobility aid needs to be transported.

This rule applies to all large airlines flying to, from or within Canada, and to small airlines within Canada using an aircraft that has 30 or more seats.

Are there situations where the regulations allow an airline to refuse to carry my mobility aid?

Large airlines may refuse to transport a person’s mobility aid if:

• The size of the door to the aircraft’s baggage compartment or the size of the aircraft’s baggage compartment is not large enough to fit the mobility aid;
• It would jeopardize aircraft safety; or
• The weight or size of the mobility aid exceeds the capacity of the lift or ramp.

Small airlines can refuse to carry a mobility aid when the airplane has fewer than 60 seats and the airplane cannot carry the mobility aid because of its design.

If the regulations do not require an airline to transport my mobility aid, does that mean I cannot travel?

You may still be able to travel with your mobility aid. The regulatory requirements are minimum standards and, in some circumstances, airlines must do more to assist passengers with disabilities.

Where passengers with disabilities believe that they encountered a barrier, they may submit a complaint with the Canadian Transportation Agency (Agency). It will determine whether the barrier is undue and, if so, what remedies are appropriate, including corrective measures to eliminate the barrier.

The Rose Decision

One example where a large airline was found by the Agency to have breached its obligations to persons with disabilities is in Decision 123-AT-A- 2023, which was issued on August 13, 2023 and affirmed by the Federal Court of Appeal.

In that case, an airline refused to transport an individual’s wheelchair because it was too large to fit in the cargo hold of the aircraft being used for the flight. The Agency found that the airline failed in its duty to accommodate the passenger and others like him as they would be unable to travel on certain routes because of the airline’s business decision to operate those routes entirely with an aircraft that could not fit large power wheelchairs.

In that decision, the Agency explained the considerations that it took into account, including:

• The airline in question was a large air carrier flying multiple routes between many locations in Canada and the United States, using various types of aircraft, including those large enough to transport the passenger’s wheelchair.
• The airline made the choice to operate some routes exclusively with aircraft that have cargo doors too small to load the passenger’s mobility aid. Previously the airline had accommodated the passenger because it had operated those routes with aircraft having larger cargo hold doors.
• The airline routinely made ad hoc substitutions of aircraft of different types for commercial reasons, as well as to accommodate unforeseen circumstances such as mechanical malfunctions.

Given these considerations, and based on the evidence presented by the parties, the airline was ordered to:

• transport the individual and their mobility aid to their destination on routes or dates similar to what the passenger initially requested - either on its own flight or that of another airline; or
• substitute an accessible aircraft that could fit the passenger’s wheelchair, provided it was given 21 days’ notice.

What can airlines take from this decision?

In conclusion, the regulations do not require the transportation of mobility aids that do not fit in the cargo hold doors of aircraft. However, airlines – particularly large airlines – should nonetheless explicitly endeavour to avoid potential systemic barriers by:

1. considering accessibility when planning aircraft acquisition and fleet composition, and in aircraft selection for their routes; and
2. planning for the possibility of having to provide different types of accommodation when given sufficient notice by a passenger.

What can passengers take from this decision?

In order to ensure a smooth travel experience, passengers should try to give airlines plenty of advance notice when travelling with large wheelchairs and mobility aids. The airline may have a duty to accommodate your accessibility-related needs requiring it to go beyond its obligations under the applicable regulations provided they have sufficient time to explore other options.

An airline’s duty to accommodate is not unlimited - it is required to accommodate only to the point of “undue hardship”. What constitutes undue hardship will depend on the particular circumstances of each case, but the size of the airline, the type of aircraft it operates, the routes it services, and its ability to absorb additional costs are all relevant considerations. Although the Rose decision requires the airline to find a way to carry the passenger’s wheelchair, the outcome may not have been the same under different circumstances (for example, a small airline with fewer resources, as was the situation in Agency Decision No. 25-AT-A-2024).