Canada Transportation Act

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.