Questions and Answers: TRAN – February 27, 2024

The CTA is not alone in advancing accessibility. I would for example thank this committee for engaging in this study on accessibility. That said the CTA does play an important role and has multiple tools to advance accessibility:

• These include "soft tools" (guidelines, meetings (passing key messages to industry), information sharing)
• More formal tools (dispute resolution, enforcement tools like fines and compliance agreements)

The CTA uses a mix of these tools to both ensure compliance with the regulations, but also to prevent issues from occurring and or reoccurring.

Training is crucial and required at all levels, even management. The Agency developed training material/videos to help TSPs on how to assist people with disabilities. They also show best practices for addressing people with disabilities. While these videos offer a good base, TSPs have to develop their own training specific to their services and programs and consult with person with disabilities when doing so.

Instilling a culture of accessibility at all levels of an organization is fundamental to achieving the objective of a Canada without barriers by 2040.

At the CTA, we are constantly exposed to accessibility issues. Whether internally – through obtaining a Gold Certification for our workplace from the Rick Hansen Foundation or ensuring that our communications are accessible – or externally in developing accessible transportation regulations, resolving complaint cases, providing guidance and training material, or engaging with representatives of persons with disabilities – we are constantly thinking about accessibility.

The CTA received the 2022 DPI Digital Government Community Award for Excellence in Diversity, Accessibility, Equity and Inclusion for its accessible website and digital tools.

Agency staff – whether lawyers, enforcement officers, or specialists from our Centre of Expertise on Accessible Transportation – all receive the detailed accessibility training that is required for them to fulfill their specific roles in the CTA. For example, five of our enforcement officers have already completed the Rick Hansen certification program, and two more are expected to complete it in the coming year.

We often invite presenters to our organization to talk with all staff about their experience, for example, in December we invited someone to talk about their lived experience as person with ADHD and autisms.

The CTA also signed an agreement with TBS to participate in the Federal Internship Program for Canadians with Disabilities. After the successful two-year program, the CTA hired the participating individual indeterminately.

Personally I have been meeting with groups representing persons with disabilities since my appointment, both individually and as part of our Accessibility Advisory Committee. These conversations, and visits alongside persons with disabilities to transportation facilities, have provided me with an awareness of the issues. Last summer, the CTA organized in-person trips and meetings in the Yukon with transportation service providers, including Air North and representatives from the Yukon government in charge of airports. In addition, the CTA also met in person with Northern Ontario and Northern Quebec transportation service providers, including PAL Aviation, Perimeter Aviation, Sioux Lookout Airport, Kasper Transportation and Tshiuetin Railways.

Representatives from the Council of Canadians with Disabilities, the Canadian National Institute for the Blind, the National Coalition of People Who Use Guide and Service Dogs (HOOH) and the Canadian Association of the Deaf joined us on these trips.

Of course, I and the other Members of the CTA, have all taken some formal accessibility training as well, but these conversations and visits have been the most important part of my education on accessible transportation issues.

The Agency has recently launched a Collaborative Oversight Pilot project, which involves shadowing persons with disabilities during their travel to gain a deeper understanding of their unique challenges. Our objective is the identification and removal of various types of barriers encountered by persons with disabilities when they travel. This initiative was launched in response to a recommendation from the Office of the Auditor General's (OAG). The pilot is focused on travelers who rely on mobility aids when they travel by air, however future activities will include cross-modal and cross-disability considerations to ensure the program addresses a range of perspectives.

We are in the process of having discussions internally now. We spent some time over the last summer meeting with industry stakeholders and groups representing persons with disabilities to see how the ATPDR could be extended to small transportation providers, while taking into account the operational realities of providing service to rural, remote and Northern regions. We are also looking at recent regulatory changes elsewhere, such as the recent one by the U.S. to require new narrow-body, single-aisle aircraft to have accessible lavatories if the aircraft are delivered in 2035.

Before moving forward with any changes, we will hold public consultations and invite input from airlines, groups representing persons with disabilities, and stakeholders more generally.

If pressed: In addition to implementing and evaluating regulations, the CTA is continuously issuing decisions on complaint cases and engaging with groups representing people with disabilities and industry.

We are also reviewing regulatory changes elsewhere, for example new U.S. regulations mandating accessible lavatories on new single-aisle aircraft delivered from 2035 onwards.

There are currently 7 designated enforcement officers and 5 senior investigators (whom we anticipate will become designated enforcement officers once they have completed their training) at the CTA who can initiate investigations into instances of potential non-compliance with accessibility regulations.

In 2023, the CTA's enforcement officers issued Notices of Violation (NOVs) with Administrative Monetary Penalties (AMPs) for accessibility related violations totaling $671,000 – involving issues around: failure to provide assistance to a person with a disability, failure to permit advanced boarding, transportation of mobility aids, damaged mobility aids, failure to provide a temporary replacement mobility aid, refusal to transport and failing to provide written notice of why, designated relief areas, signage, and check-in kiosks.

Enforcement tools by their nature are not used as punishment, but rather tools to ensure compliance.

A Designated Enforcement Officer's (DEO) response to non-compliance, as is the case with other regulators, escalates in severity depending upon the nature of the violation and the compliance history of the regulated entity.

Under the CTA's penalty scheme, progressively higher penalties for repeat violations are imposed. Each subsequent violation of the same provision of the Act or Regulations by the same entity will result in progressively higher penalty amounts, up to the maximum amount specified for each provision.

The details for this scheme are published on the CTA's website.

Based on the specifics of an investigation and the evidence available, a DEO may issue a notice of violation including an AMP in accordance with the CTA's AMP scheme.

The CTA has assigned a severity rating to the violation of designated provisions. Each subsequent violation of the same provision by the same entity results in progressively higher penalty amounts, up to the maximum amount specified for each provision. Additionally, a violation that is committed or continues for more than one day can be considered a separate violation for each day the violation is committed or continues.

In establishing the exact amount of the administrative monetary penalty, the DEO considers both aggravating and mitigating factors. Ultimately, however, DEOs can levy a penalty that is lower or higher, depending on the circumstances of an event of non-compliance, including the nature of the violation, its extent and the impact on the person(s) the provision is intended to protect.

By strictly following the Policy, a $250k penalty would be possible on 3rd violation (within a period of four years) where the DEO finds evidence of 3 aggravating factors, which would each account for $20k on top of the $200k penalty.

Even in the absence of a complaint, when the Agency is made aware of an incident that could be a violation of the regulations, we ask our enforcement team to look into the incident.

The CTA has a standardized process for the investigations conducted by its DEOs.

DEOs can be made aware of potential non-compliance through a variety of sources. This does of course include the media, but is not limited to that.

Other information sources can include complaints data, and the DEO's own observations in the case of inspections. For example, all penalties assessed against airports in the past year were identified during planned inspections.

Based on the specifics of the investigation and the evidence available, a DEO may issue a notice of violation including an AMP in accordance with the CTA's AMP scheme.

In addition to our enforcement efforts, the Agency promotes compliance through proactive campaigns designed to ensure that regulated entities are aware of their obligations, and can take steps to verify their compliance with the regulations.

Additionally, on an annual basis, the Agency plans proactive oversight activities to monitor and evaluate compliance with various provisions in the regulation, and to identify and address any deficiencies.

For example in 2022 we launched a comprehensive verification initiative involving 41 transportation service providers (TSPs) in the air, rail, marine and interprovincial bus modes with the highest passenger volumes. Through this initiative many of those TSPs were found to have deficiencies in their programs and the Agency worked with them to develop corrective action plans. Not only have all transportation service providers been brought into full compliance with the identified deficiencies, but we also gained valuable insights into the most prevalent issues, namely training and communication. As a result we have been able to target our compliance and enforcement tools where they can have the biggest impact.

The first incident was widely reported in the media and involves a gentleman by the name of Rodney Hodgins. The violation resulted when the passenger was not provided assistance during deplaning and was left to independently exit the aircraft. The passenger supported his exit using the back of seats, while his wife assisted by carrying his legs, to get him to the front of the aircraft where his wheelchair had been left waiting for him.

• AMP issued to Air Canada on December 21, 2023 in the amount of $97,500 related to their failure in providing assistance to a person with a disability

The Second incident involves Canada's Chief Accessibility Officer, Stephanie Cadieux. It is a result of the carrier's failure to allow the passenger to board in advance as requested. Additionally, Madame Cadieux's mobility aid was not returned to her upon her arrival at destination, without delay.

• AMP issued to Air Canada on December 12, 2023 in the amount of $52,500

The third incident Involves an allegation that in November 2023 a passenger (Ms. Sarah Morris-Probert) boarded an aircraft without assistance (i.e. dragged herself up the external stairs) when the carrier was unable to provide boarding assistance in a manner that was acceptable to the passenger – an investigation is ongoing.

• The carrier in question is WestJet and the Agency is currently investigating

The fourth incident involves an allegation that in August 2023 a passenger's (Ms. Alessia Di Virgilio) ventilator was disconnected during a seat transfer, and in a separate incident involving the same passenger, the transfer equipment hit the passenger on the head – an investigation is ongoing.

• The carrier in question is Air Canada and the Agency is currently investigating

The fifth incident involves an allegation that in April 2023 a passenger (Mr. Phillip Gilliard) was injured by the carrier's transfer equipment during boarding.

• The carrier in question is WestJet and the Agency is currently investigating.

In 2023, the year when the related violation occurred, Air Transat did not meet the passenger volume threshold to be subject to the Accessible Transportation for Persons with Disabilities Regulations (ATPDR). As a result the Agency found Air Transat to be in violation of a provision of the Air Transportation Regulations (ATR) for which the maximum Administrative Monetary Penalty (AMP) is $25,000.

In this situation, between July 8 and 11, 2023 Air Transat failed to immediately provide a suitable temporary replacement mobility aid to a passenger whose mobility aid was lost upon arrival in Venice, Italy. On February 9, 2024 the Agency issued a Notice of Violation with an AMP of $11,000 related to this case.

On January 1, 2024, Air Transat became subject to the ATPDR, having transported 1 million passengers or more during each of the two preceding calendar years.

The CTA has many tools to advance accessibility, and it uses all of these tools strategically. This includes for example administrative monetary penalties. I would start off by noting that the Agency understands that this is a useful tool and that we have used it significantly more than ever before. For accessibility related AMPS specifically we have already seen a 270% increase from last Fiscal Year.

That said, this of course requires resources, and enforcement is one of the more costly tools in our kit. An investigation must take place, evidence must be documented, the situations are not always black and white, and the NOVs are often challenged before the Transportation Appeal Tribunal of Canada.

In 2023-2024, the Agency increased its staffing levels by adding one regional enforcement manager, four Senior Investigators and one support staff through an expedited hiring initiative. As these individuals complete their training and transition into their roles, the Agency's enforcement capacity related to its accessibility mandate will significantly increase.

DEOs receive a variety of training to assist them in performing their accessibility-related oversight work in an informed manner.

Five of the Agency's DEOs have completed the Rick Hansen Foundation Accessibility Certification program, and two more are currently schedule to complete the program beginning in the spring of 2024.

Two DEOs and one enforcement manager have completed accessibility Awareness Training provided by the Ottawa Rehabilitation Centre.

All of the Agency's DEOs regularly participate in formation sessions and discussions regarding accessibility issues with CEAT and Legal Services.

Additionally one of our DEOs is a member of the Accessibility Professional Network organized by the Rick Hansen Foundation. This is a forum at which participants share information and learning opportunities, to maintain and enhance their accessibility-related knowledge.

Importantly, several of our DEOs are actively participating in the current Collaborative Oversight Program Pilot exercise. This is providing them the opportunity to directly observe the lived experience of persons with disabilities. At the completion of the pilot, the Agency will evaluate what we have learned to develop an ongoing Collaborative Oversight Program for Accessibility that will include all transportation modes and all disabilities. All DEOs will participate in the ongoing program, which will provide them critical learnings to inform their oversight work.

We understand that there have been a number of unfortunate incidents regarding mobility aids and passenger transfers that should not have happened.

While the Agency has a mandate to protect the right of persons with disabilities to an accessible federal transportation network, this can only be achieved if we all work together. We believe that working in collaboration, with the industry, with other government agencies and with persons with disabilities, is the best way to succeed. We all have a part to play: with the CTA enforcing regulations and resolving complaints; for Accessibility Standards Canada developing standards on accessible travel; for industry to design more resilient wheelchairs. In addition, we will also continue to collaborate with Canada's Chief Accessibility Officer to identify issues that need to be resolved.

I cannot speak for these organizations and about their specific role and responsibilities, but I can assure you that the CTA is collaborating with them, through discussions, visits, working groups and research, to coordinate our actions and find implementable solutions.

Canada is a leader in accessible transportation, and one of the world-leading aspects of the ATPDR is the One Person-One Fare requirement for domestic flights. This means that persons with disabilities on a domestic flight who need an extra seat for an attendant or for a larger service dog, for example, must be provided that extra seat free of charge. No other country, as far as we know, has such a regulatory requirement.

In 2020, the CTA consulted on a proposal to extend the 1P1F rule to international travel in the ATPDR. At the time, Canadian and foreign airlines strongly opposed the measures on the basis that a requirement for 1P1F internationally would be inconsistent with the provisions of Canada's bilateral air agreements that allow airlines the freedom to establish prices and that limit the ability of aeronautical authorities (such as the CTA) to interfere with such prices. This position was supported by Global Affairs Canada and Transport Canada.

As noted in Decision No. 95-AT-A-2022, pricing is a key element in bilateral air transport agreements between countries, which are bound by the provisions of these agreements. These bilateral agreements are the foundation for the operation of international air transport. As a result, the Agency’s consideration of a one-person, one-fare (1P1F) international policy must take into account constraints established in the numerous bilateral air transportation agreements to which Canada is a party. Under these international treaties, which contain detailed obligations that Canada and its trading partners must adhere to with respect to commercial air transportation, foreign carriers may oppose policies that do not leave pricing to market forces. If Canada imposes a requirement such as 1P1F with which a foreign government does not agree, that foreign government has the ability to reject the provision.

A 1P1F requirement for international carriage would very likely lead to the dispute resolution or disallowance provisions of air transport agreements being triggered by other states due to conflicting views internationally.

In order for Canada to respect the commitments it has made to other states, the Agency has stated that 1P1F for international carriage is best addressed through ongoing efforts to achieve international cooperation and coordination among governments. The Agency will continue its efforts to highlight the importance of a unified 1P1F international carriage policy as part of its participation in transportation forums, including the International Civil Aviation Organization, and to proactively influence the international civil aviation environment with the objective of ensuring that it becomes more responsive to the needs of persons with disabilities.

The decision by the BC Supreme Court was a preliminary decision about a potential class action suit. The Court has yet to certify the class action. I don't have any comments about this on-going court case.

In the air sector, responsibilities for accessible transportation are invariably divided between airports and airlines. In the case of the ATPDR, the cut-off line is check-in: from curbside to check-in, airports are responsible, while from check-in, airlines are responsible. In Europe, the cut-off line is the aircraft: before boarding the aircraft, airports are responsible, while after boarding, airlines are responsible. (And vice versa on arrival.)

It would be ideal if passengers could use their own wheelchairs in the aircraft cabin. However, aircraft standards for the securing of individual wheelchairs in aircraft cabins have not yet been established. The current FAA Reauthorization Act making its way through the U.S. Congress, includes three years of funding and research for making such standards a reality. This will allow for the resolution of the technical issues, and then the Canadian safety regulator, Transport Canada, would have to review and approve such systems for use.

Every year the CTA publishes an Annual report with a section on potential legislative changes that could be beneficial to advance its mandate. Since 2019 the CTA has identified the lack of data from TSPs as a gap and has worked from a variety of angles to address this gap.

The government introduced Bill C-52 in Parliament, which will provide authority for the government to make regulations requiring accessibility data from transportation service providers to Transport Canada and the Canadian Transportation Agency.

Additionally, Agency enforcement officers have recently used their existing inspection authorities to require some air carriers to provide accessibility-related complaints data. Once received, this information will be analyzed to obtain better insights on the number and nature of complaints received by the carriers.

This information will be used to inform enforcement efforts to verify compliance with accessibility obligations.

The CTA proactively shares data publicly through its corporate reports. This includes information on the number and nature of the accessibility complaints it receives and information on compliance monitoring and enforcement. All accessibility decisions made by the Agency are published on its website, as are all enforcement Notices of Violation.

Number of outstanding accessibility complaints before the CTA is 189.

The Agency prioritizes accessibility complaints, and although has a separate system and intake for accessibility proactively scans and filters the air travel complaints back log to ensure that any accessibility complaints misfiled using the air travel complaints form are prioritized.

The Agency is also working on simplifying the process to file an accessibility-related complaint. In the short term, we've made changes to our web site to make the accessibility complaint link more prominent on the air travel complaints page. In the longer term, we will explore merging the air travel complaint and accessibility complaint forms to create one unified entry point for persons to file their complaint.

The ATPDR sets out the requirements for airlines that must be respected.

Passengers not satisfied with airline responses to their accessibility claims, may file a complaint with the CTA. The CTA can issue decisions on the complaints, ordering certain remedies, including compensation for pain and suffering.

Automatic compensation – which would not require a complaint to be decided by the CTA for it to be owed by the carrier - would require legislative changes.

The Convention on the Rights of Persons with Disabilities is an international human rights treaty aimed at protecting the rights and dignity of persons with disabilities. Canada ratified the CRPD in 2010.

Article 9 requires countries to identify and eliminate obstacles and barriers, and ensure that persons with disabilities can access their environment, transportation, public facilities and services, and information and communications technologies.

Canada has so far submitted three reports to the UN Committee on the Rights of Persons with Disabilities, most recently in 2022, explaining how Canada implements the CRPD.

The most recent report noted that the Government of Canada is addressing transportation within federal jurisdiction through the ATPDR and the ATPRR and that the development of both regulations included consultations with CTA’s Accessibility Advisory Committee, representatives of disability organizations, the transportation industry, and other interested parties.

In fact, Canadian regulations – the ATPDR – are at the leading edge of accessible transportation regulations world-wide. What we have been supporting through ICAO is the development of a compendium of the regulations and best practices of ICAO members around the world. Our objective in supporting this effort is to bring other countries to the same level as countries such as Canada in terms of the regulatory framework for accessible transportation.

The Canadian regulatory framework for accessible transportation is one of the strongest, if not the strongest in the world, with world-leading requirements such as 1P1F, allergy buffer zones, and accessible kiosks and audiovisual systems.

Through ICAO, we are leading efforts to encourage other countries to adopt the measures that Canada has, in order to provide for accessible transportation across international borders.

In Canada, we strive to ensure that our transportation regulations continue to lead the world in accessibility and innovation. To that end, we monitor the efforts of other countries to improve accessibility in order to determine how accessible transportation can be advanced in Canada as well.

For example, the United States recently enacted regulations that require single aisle aircraft (with 125 seats or more) to have wheelchair-accessible lavatories, beginning with aircraft manufactured and delivered in 2035. The CTA will consider next steps with respect to similar regulations in Canada. 

As another example, with respect to passengers being able to travel in the aircraft cabin in their own wheelchairs, the CTA has been monitoring the developments in this area in the U.S.

Achieving such an objective would require aircraft safety regulators such as Transport Canada and the U.S. Federal Aviation Administration to test and certify aircraft cabin structural configurations that meet stringent safety requirements. The current FAA Reauthorization Act making its way through the U.S. Congress, includes three years of funding and research for making such configurations a reality.

Note on international work led by the CTA:

• International working group to develop recommendations on the storage and transportation of mobility aids on aircraft;
• ICAO working group to develop modern standards and recommended practices and guidance material for all States to ensure a minimum standard is met globally;
• A follow-up project involving the National Research Council and Transport Canada on the safe securement and storage of mobility aids in the cargo compartment of aircraft;
• A further follow-up project to develop a prototype of a Cargo Door Tool to determine if a given mobility aid can fit into an aircraft's cargo door.

These projects contributed to the work conducted by the International Air Transport Association (IATA), more specifically its Mobility Aids Action Group, which recently developed and recommended new guidance to its member airlines on transporting mobility aids safely and efficiently, and improving the travel experience for passengers with disabilities.

The Canadian regulatory framework for accessible transportation is one of the strongest, if not the strongest in the world, with world-leading requirements such as 1P1F, allergy buffer zones, and accessible kiosks and audiovisual systems.

The CTA agreed with recommendations of the performance audit on accessible transportation conducted by the Auditor General.

As the Auditor General noted in her evaluation of the accessibility of transportation system, we have made a lot of progress, but there is still work to be done.

We are, of course, implementing the recommendations of the Auditor General for the accessibility of the Canadian transportation system.

The Agency increased its enforcement staffing and will implement processes to incorporate the experience of travellers who are persons with disabilities.

The government introduced Bill C-52 in Parliament, which will provide authority for the government to make regulations requiring accessibility data from transportation service providers to Transport Canada and the Canadian Transportation Agency. The bill is currently in Second Reading.

We continuously engage with groups representing people with disabilities and the industry to understand accessibility issues in the transportation system.

I think we can be proud of the regulatory framework for accessible transportation in Canada, which is world leading, but nonetheless we are always thinking about how it can be made better.

Every time I meet CEOs, I remind them of the need to change culture and adopt an accessibility lens.

Training is crucial and required at all levels, even management. The Agency developed training material to help TSPs on how to assist people with disabilities. They also show best practices for addressing people with disabilities. It is a good training, but it is not enough to meet the regulatory training requirements. The industry needs to develop additional training specific to positions/functions and they need to consult with people with disabilities when developing training programs and the principal teaching methods. Instilling an accessibility culture at all levels of an organization is fundamental to achieving the objective of a Canada without barriers by 2040.

As I mentioned in my opening remarks, the CTA has a broad mandate that includes rail, marine, air, and interprovincial bus. We have a role as the economic and accessibility regulator, as well as a role in resolving disputes.

The CTA has many staff who work on accessibility including our Centre of Expertise for Accessible Transportation and staff in Dispute Resolutions working in mediation and adjudication. Additionally we have many other across the organization who do not work full time on accessibility, but play a major role in delivering on these responsibilities. This includes legal services, communications, enforcement staff, and analysts.

When a passenger has tried to resolve their problem directly with the TSP and was not successful:

• They may file a complaint with the CTA to initiate the dispute resolution process;
• Accessibility complaints are prioritized in our dispute resolution processes;
• Accessibility cases are often resolved using a voluntary and confidential mediation (96%)
• If mediation is not agreed upon or is unsuccessful, the case may be pursued in adjudication. During adjudication, the CTA may order a corrective measure and/or compensation and all decisions are translated and posted on the CTA external website
• When no complaint is received, but the Agency is made aware of an incident, we ask our enforcement team to look into the matter and take appropriate action as necessary
• If they determine that the regulations have been violated, they have authority to issue a Notice of Violation and impose a fine.

The 66,000 case backlog is for air travel complaints related to passenger protection.

The CTA prioritizes accessibility complaints; while accessibility cases sometimes get mistakenly filed through our air travel complaint portal, we monitor backlog cases regularly and, when identified, we transfer any identified accessibility cases as quickly as possible and prioritize them to be processed.

The CTA recently enhanced its website to better guide people wishing to make accessibility complaints to the right tools and through the right channels; we will continue to improve this aspect of complaint management going forward.