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

Marginal note:Coordination

171 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.

Marginal note:Inquiry — barriers to mobility

• 172 (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.

Marginal note:Inquiry — subsection 170(1)

• 172.1 (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.

Marginal note:Annual adjustment

• 172.2 (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.

Marginal note:Inquiry — transportation of persons with disabilities

172.3 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.

Marginal note:Participant funding program

172.4 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.

PART VIGeneral

Enforcement

Marginal note:False information, etc.

• 173 (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

174 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

175 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

176 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

176.1 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.

Marginal note:Regulation-making powers

• 177 (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 — or, in the case of a violation involving a contravention of any provision of a regulation made under subsection 86.11(1), $250,000 — 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:Certain provisions

  (2.001) The contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) 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: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.

Marginal note:Notices of violation

• 178 (1) The Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), may

  • (a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and

  • (b) establish the form and content of notices of violation.

• Marginal note:Powers of enforcement officers

  (2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).

• Marginal note:Certification of designated persons

  (3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

• Marginal note:Powers of designated persons

  (4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer under paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act or any of sections 60 to 62 of the Accessible Canada Act.

• Marginal note:Assistance to enforcement officers

  (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act or any of sections 60 to 62 of the Accessible Canada Act.

Marginal note:Other powers of enforcement officers

• 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,

  • (a) open and examine any receptacle or package found in the place;

  • (b) examine anything found in the place;

  • (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;

  • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

  • (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • (g) use or cause to be used any copying equipment at the place to make copies of any document;

  • (h) take photographs and make recordings and sketches;

  • (i) order the owner or person having possession of any thing to which any provision of this Act or of any regulation, order or direction made under this Act or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (k) order any person in that place to establish their identity to the enforcement officer’s satisfaction; and

  • (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.

• Marginal note:Means of telecommunication

  (2) For the purpose of the exercise, for the purpose referred to in subsection (1), of the power of entry conferred under subsection 178(2), an enforcement officer is considered to have entered a place when accessing it remotely by a means of telecommunication.

• Marginal note:Limitation — place not accessible to the public

  (3) An enforcement officer who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

• Marginal note:Accompanying individual

  (4) An enforcement officer may be accompanied by any other individual the officer believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (5) An enforcement officer and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

• Marginal note:Assistance

  (6) The owner or other person in charge of a place entered by an enforcement officer for the purpose referred to in subsection (1) and every individual found in the place must give the enforcement officer all reasonable assistance in the individual’s power and provide the enforcement officer with any information that the enforcement officer may reasonably require.