What you need to know before submitting an accessibility complaint
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Before submitting an accessibility complaint to the CTA, you should contact the transportation service provider in writing first and give them 30 days to reply.
If you have tried to resolve your issue with your transportation service provider and you are not satisfied with the result, you may submit a complaint with the CTA.
What types of accessibility complaints can the CTA address?
We can help resolve complaints about barriers faced by persons living with a disability travelling on Canada’s national transportation system. This includes:
- airlines operating to, from and within Canada;
- rail, ferry and bus carriers that operate between provinces or territories or between Canada and the United States;
- airports, rail stations and ferry terminals located in Canada; or
- the Canada Border Services Agency and the Canadian Air Transport Security Authority.
A barrier can be anything that prevents persons living with a disability from having full and equal access to transportation. It could be:
- a physical structure;
- technology;
- a policy;
- a practice;
- an attitude; or
- a way of communicating.
The CTA does not deal with:
- Discrimination;
- Labour relations;
- Telecommunications and television services;
- Customer service issues not related to a disability; or
- Issues involving local or provincial transportation.
More information can be found on where to address these types of complaints at Issues we cannot help with.
How do I submit a complaint with the CTA ?
It is important that you gather all required information and evidence before submitting your complaint. When you are ready, use the CTA’s complaint form. This form will ask you to:
- Tell us what happened. Be as precise as possible. You may want to identify the transportation service provider personnel with whom you interacted, and provide information about where and when the incident or problem occurred.
- Describe the disability(ies) you have that relate to your complaint.
- Tell us what you requested because of your disability in order to travel.
- Tell us about any other solutions you are asking for (for example, change to a policy, new equipment, expenses, and compensation).
It is up to you to prove that you have a disability and that you encountered a barrier or that the transportation service provider failed to respect its obligations.
If you are asking for certain remedies, like expenses or compensation, it is also up to you to provide information to help the CTA determine whether you qualify and, if so, how much you may be entitled to. If you have documents or evidence that helps to show these things, you should file them with your complaint. This can include things like:
- travel itineraries and tickets;
- correspondence with the transportation service provider, including any communication about your disability and your disability-related needs;
- receipts for expenses that you have incurred because of the incident;
- if you are asking for lost wages, include documents showing your work attendance and salary;
- if you are asking for compensation for pain and suffering, include medical documentation supporting this request;
- photos, if relevant (for example, damaged mobility aids).
Depending on your particular circumstances, you may be asked for additional information. For example, if your issue relates to travel with a service dog, travel with a mobility aid, or assistance while travelling.
What are the responsibilities of transportation service providers?
Transportation service providers of the federal transportation network must:
- comply with applicable regulations, such as Part VII of the Air Transportation Regulations, the Accessible Transportation for Persons with Disabilities Regulations (ATPDR), and the Personnel Training for the Assistance of Persons with Disabilities Regulations;
- accommodate persons living with a disability in a manner that respects their dignity;
- provide accommodation which considers a person’s disability-related needs; and
- accommodate persons living with a disability up to the point of undue hardship.
Additionally, small transportation service providers not subject to the ATPDR are encouraged to meet the expectations set out in the CTA’s codes of practice and to consult the CTA’s guidance material, which explains the regulatory obligations and expectations regarding accessible transportation.
Can I submit documents in a language other than English or French?
As a general rule, the information that you provide to the CTA must be in either English or French. If a document that is necessary to support your case is only available in another language (for example, a receipt in Spanish), and a translation is impractical or unreasonable, you can ask the CTA to accept it in another language.
What happens after my complaint is submitted?
After your complaint is submitted, CTA staff will examine it to determine if you have submitted all required information. If you have, a file will be opened for your complaint. If you have not, you will be given an opportunity to provide it. If you do not provide the required information, your file will be closed.
What happens once my complaint is accepted?
The CTA has two processes to resolve disputes between passengers and transportation service providers.
First, where parties agree, a CTA mediator will help the parties to discuss the claim and explore the possibility of a settlement. Then, if mediation is not successful or the parties do not agree to mediate, the complaint will go to adjudication.
Do I need a lawyer if my complaint is being adjudicated?
The CTA’s processes are designed to be less formal than those of a court. As a result, many individuals find that representation from a lawyer is not needed.
That said, you can choose to be represented by a lawyer. Alternatively, you could choose to have a family member or a friend represent you. Where you choose to be represented by a non-lawyer, you will need written authorization so that the CTA knows that this person has your permission to represent you.
Will my name and information be published?
Names will usually appear in the CTA’s published accessibility decisions. Confidentiality requests require more than a preference:
- to remain anonymous;
- that people not know your disability and related needs or the experiences associated with your application; and
- to avoid potential embarrassment.
In order to protect your name or any other information submitted in connection with your complaint from being open to the public, you must make a request for confidentiality to the CTA and in that request, you must prove that:
- court openness poses a serious risk to an important public interest;
- the confidentiality order sought is necessary to prevent this serious risk to the identified interest because reasonably alternative measures will not prevent this risk; and,
- as a matter of proportionality, the benefits of the confidentiality order outweigh its negative effects.
To learn more about the treatment of personal information submitted to the CTA during adjudication, refer to the CTA’s guidance on protecting personal information during adjudication and Public Record Advisory Notice.
Special Circumstances where Additional Information May be Required
Is your disability obvious?
In some cases, such as with paraplegia, quadriplegia and blindness, the existence of a disability is self-evident or obvious. In these cases, your description of your disability may be sufficient for the CTA.
Other disabilities, such as mental health disabilities, have a range of symptoms that vary from person-to-person and from mild to severe. In those cases, the CTA often needs more information about the type and severity of the person’s symptoms, their duration and the impact of the condition on the person’s day-to-day life, including on their ability to travel.
If your disability is not obvious, you are strongly encouraged to complete the Medical Information Form (MIF) or file additional medical documentation. This information will be taken into consideration to determine if you have proven that you have a disability for the purposes of your complaint with the CTA.
Does your complaint involve damage to your mobility aid?
Consult the Mobility Aid Damages Checklist.
Does your complaint involve a request for assistance while travelling?
Consult the Assistance While Travelling Checklist.
Does your complaint involve travel with a service dog?
Consult the Travel with Dogs Checklist.
Are you asking for compensation?
If you are asking for compensation, you should provide evidence to support your request to be compensated for expenses incurred (for example receipts), lost wages (for example work attendance and salary records) and pain and suffering (for example medical documentation).
You should also provide evidence if you are of the opinion that your incident is a result of willful or reckless practice.
Is there other useful information I should be aware of?
Whom can I contact for more information?
If you have questions relating to accessible transportation, you can contact the CTA’s Accessible transportation complaints help line.
For questions regarding complaint forms and submissions relating to complaints, contact Agency Secretariat.
For questions or comments about privacy or access to information, contact:
- Email: OTC.AIPRP-ATIP.CTA@otc-cta.gc.ca
- Phone: 819-743-7259
- TTY: 1-800-669-5575
- Date modified: