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Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2019-08-28 and last amended on 2019-07-11. Previous Versions

PART VTransportation of Persons with Disabilities (continued)

Marginal note:Coordination

 The Agency and the Canadian Human Rights Commission shall coordinate their activities in relation to the transportation of persons with disabilities in order to foster complementary policies and practices and to avoid jurisdictional conflicts.

  • 1996, c. 10, s. 171
  • 2019, c. 10, s. 171(F)

Marginal note:Inquiry — barriers to mobility

  •  (1) The Agency may, on application, inquire into a matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities.

  • Marginal note:Remedies

    (2) On determining that there is an undue barrier to the mobility of persons with disabilities, the Agency may do one or more of the following:

    • (a) require the taking of appropriate corrective measures;

    • (b) direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation;

    • (c) direct that compensation be paid for any wages that a person with a disability was deprived of as a result of the barrier;

    • (d) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier;

    • (e) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice.

  • Marginal note:Compliance with regulations

    (3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.

  • 1996, c. 10, s. 172
  • 2019, c. 10, s. 172

Marginal note:Inquiry — subsection 170(1)

  •  (1) The Agency may, on application, inquire into a matter concerning any regulations made under subsection 170(1) to determine if the applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention of any provision of those regulations.

  • Marginal note:Remedies

    (2) On determining that an applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention referred to in subsection (1), the Agency may do one or more of the following:

    • (a) require the taking of appropriate corrective measures;

    • (b) direct that compensation be paid to the applicant for any expense incurred by them arising out of the contravention, including for any costs of obtaining alternative goods, services or accommodation;

    • (c) direct that compensation be paid to the applicant for any wages that they were deprived of as a result of the contravention;

    • (d) direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by them arising out of the contravention;

    • (e) direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the contravention is the result of a wilful or reckless practice.

  • 2019, c. 10, s. 172

Marginal note:Annual adjustment

  •  (1) For the purpose of paragraphs 172(2)(d) and (e) and 172.1(2)(d) and (e), the maximum amount shall be adjusted annually so that in any calendar year following the one during which this section comes into force it is equivalent to the product of

    • (a) the amount that would have been the maximum amount for that following calendar year if no adjustment had been made under this section with respect to that year, and

    • (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year next before that preceding calendar year.

  • Marginal note:Consumer Price Index

    (2) For the purpose of subsection (1), a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that 12-month period.

  • Marginal note:Publication of adjusted amount

    (3) When a maximum amount is adjusted in accordance with this section, the Agency shall publish the maximum amount as so adjusted as soon as it is determined.

  • Marginal note:Interest

    (4) A direction to pay compensation under any of paragraphs 172(2)(b) and (c) and 172.1(2)(b) and (c) may include an award of interest at a rate and for a period that the Agency considers appropriate.

  • 2019, c. 10, s. 172

Marginal note:Inquiry — transportation of persons with disabilities

 The Agency may on its own initiative, with the Minister’s approval and on any terms that he or she considers appropriate, inquire into any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities.

  • 2019, c. 10, s. 172

Marginal note:Participant funding program

 The Agency may establish a participant funding program to facilitate the participation of persons with disabilities in hearings that are held for the purposes of inquiries made under section 172, 172.1 or 172.3.

  • 2019, c. 10, s. 172

PART VIGeneral

Enforcement

Marginal note:False information, etc.

  •  (1) No person shall knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister in connection with any matter under this Act.

  • Marginal note:Obstruction and false statements

    (2) No person shall knowingly obstruct or hinder, or make any false or misleading statement, either orally or in writing, to a person designated as an enforcement officer pursuant to paragraph 178(1)(a) who is engaged in carrying out functions under this Act.

Marginal note:Offence

 Every person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding $5,000; and

  • (b) in the case of a corporation, to a fine not exceeding $25,000.

Marginal note:Officers, etc., of corporation re offences

 Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.

Marginal note:Time limit for commencement of proceedings

 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

Administrative Monetary Penalties

Definition of Tribunal

 For the purposes of sections 180.1 to 180.7, Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

  • 2007, c. 19, s. 48

Marginal note:Regulation-making powers

  •  (1) The Agency may, by regulation,

    • (a) designate

      • (i) any provision of this Act or of any regulation, order or direction made pursuant to this Act,

      • (ii) the requirements of any provision referred to in subparagraph (i), or

      • (iii) any condition of a licence issued under this Act,

      as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and

    • (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      • (i) $5,000, in the case of an individual, and

      • (ii) $25,000, in the case of a corporation.

  • (1.1) [Repealed, 2018, c. 10, s. 53]

  • Marginal note:Regulations by Minister

    (2) The Minister may, by regulation,

    • (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and

    • (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      • (i) $5,000, in the case of an individual, and

      • (ii) $25,000, in the case of a corporation.

  • Marginal note:Regulations made under subsection 50(1.01)

    (2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.

  • Marginal note:Sections 93.1 or 94

    (2.1) The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

  • Marginal note:Subsections 155.7(1) or 155.84(1) to (3)

    (2.2) The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

  • Marginal note:Subsection 170(1) and Accessible Canada Act

    (3) The contravention of any provision of any regulation made under subsection 170(1) — or the contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act — may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $250,000.

  • 1996, c. 10, s. 177
  • 2007, c. 19, s. 49
  • 2013, c. 31, s. 12
  • 2014, c. 8, s. 9
  • 2015, c. 31, s. 11
  • 2018, c. 10, s. 53
  • 2019, c. 10, s. 173
 
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