Rights of passengers with special needs

Passengers with special needs are provided with additional protections under domestic and international laws to ensure equitable access to air travel.

Here is a brief overview of the rights, services offered and possible remedies provided for by different legislations.

• The Canada Transportation Act (CTA) requires carriers to remove barriers for persons with disabilities;
• The Accessible Transportation for Persons with Disabilities Regulations (ATPDR), which came into force in 2020, imposes clear standards on carriers regarding accessibility;
• The Air Passenger Protection Regulations (APPR), while general-purpose, also cover the rights of passengers with special needs.

Guaranteed services for passengers with special needs

Carriers are required to provide services free of charge to meet the specific needs of passengers throughout the route.

Before the flight	During the flight	After the flight
Transportation between key points (e.g., check-in counter, security check, boarding gate). Accessible seating for passengers with mobility needs or travelling with an attendant. Passengers can inform the airline of their needs when booking or at least 48 hours before departure.	Transportation and use of approved wheelchairs, respirators, or other medical equipment. Assistance in moving around the aircraft (e.g., access to the toilet). Service animals are permitted to be carried in the cabin under certain conditions (e.g., proof of certification).	Assistance in retrieving baggage or reaching transportation services upon disembarkation. Priority delivery on arrival of wheelchairs.

These various obligations are mainly carried out by the RTAPH, and in Article 35 some obligations to which airlines are subject are listed:

• Assist the person with a disability during check-in at the check-in counter;
• Allow the employee to move to the front of the line at the check-in counter or ticket office if the person is unable to use the automated self-service kiosk or an automated check-in or ticketing service;
• Facilitate their passage through security screening at the station, in particular by providing staff members to provide assistance.
• Assist the employee in getting to the boarding area after check-in;
• Before boarding, switch the person from their mobility aid to the one provided by the carrier;
• Assist during boarding and disembarking, if travelling by ferry, assist the passenger in getting from the vehicle access bridge to the passenger bridge and vice versa;
• Assist the person in stowing and retrieving carry-on baggage;
• Move the person from a mobility aid to their passenger seat before departure and from their passenger seat to the mobility aid when they arrive at their destination;
• Assist the person in getting to and from the mobility aid area;
• Prior to departure or, if time constraints do not permit after departure, describe to the person whether the person is blind or has any other visual impairment, the configuration of the aircraft, train, ferry or bus, as applicable, including the location of washrooms and exits and the location and operation of the controls that the person may use in the passenger seat.

You can consult the rules for a complete list.

Companions and Service Animals

Some passengers may require an attendant (e.g., need for ongoing assistance). Under the ATPDR, an additional seat free of charge may be granted if required.

Similarly, certified guide dogs and service animals may travel free of charge in the cabin, provided that they submit documentation confirming the role of the animal concerned. However, animals must remain with their owner, usually seated at the feet or in a designated space. Animals that show aggressive behaviour or are not controlled by their owner may, in this sense, be refused.

Remedies in the event of default

The procedure is similar to that for any other problem related to a flight disruption dealt with in various capsules. Indeed, the first step requires filing a claim directly with the carrier. If no solution is found, the Canadian Transportation Agency (CTA) can investigate and impose sanctions on the airline.

Under the CTA’s regulations, there are no pre-set amounts as is the case for flight delays, for example. However, this does not mean that a victim who has suffered damage from a breach is without resources.

1. Preliminary steps to resolve the issue

As soon as a problem is identified (e.g., lack of assistance, damage to a wheelchair, refusal of a service animal), the passenger must:

1. Document the incident : take photos, note the names of employees involved, keep receipts and travel documents;
2. Submit a complaint directly to the airline or transportation provider, preferably in writing.

Airlines are legally required to respond within a reasonable time frame (usually 30 days).

Some companies may have internal dispute resolution procedures. The passenger must ensure that they have followed these steps before escalating the file.

2. Filing a complaint with the Canadian Transportation Agency (CTA)

If the airline does not resolve the situation satisfactorily, the passenger can complain to the CTA, which acts as the transportation regulator and dispute resolution body.

Procedure for filing a complaint

1. Online or written form: The passenger must complete a complaint form on the CTA’s website or submit a letter explaining:

• The nature of the problem (e.g., service not provided, accessibility not respected);
• The steps taken to resolve the issue directly with the company;
• Supporting documents (tickets, emails, photos, medical certificates).

2. Once the complaint is received, the CTA reviews the facts and, if necessary, initiates mediation between the passenger and the carrier, see the “Scopes” capsule for more information.

The CTA may then order the carrier to:

• Correct the situation (e.g., refund or compensation).
• Modify its practices to comply with the ATPDR.
• Pay an administrative fine of up to $250,000 for serious violations of the ATPDR.

Letter Decision No. LET-AT-A-47-2023 provides an example of a situation where the CTA ordered an airline to pay compensation to a passenger. The CTA’s decision is summarized as follows: Ms. Smiley is suing Air Canada for not accepting her qualified dog as an emotional support animal on board a flight in August 2019, despite her claiming that it was a service dog. The CTA had previously ruled that this was a situation that was not recognized as a service dog under federal regulations. However, Air Canada never communicated this information to the woman. The CTA identified a lack of adequate assessment of the dog’s size and of prior information to Ms. Smiley regarding the limitations of the aircraft. Ms. Smiley sought compensation for her violation of her dignity and emotional after-effects, including an episode of post-traumatic stress disorder experienced as a result of this incident. Air Canada was found liable for an undue obstacle to communication, since in no case was the woman informed of the ineligibility of her service dog. A total of $1,030 was awarded to Ms. Smiley ($1,000 for pain and suffering and $30 for costs). In addition, Air Canada is to revise its communication templates to include obligations relating to the carriage of service dogs in appropriate kennels and to submit these revisions to the Agency.

3. Human Rights Complaint

If the problem involves discrimination on the basis of a disability (e.g., denied boarding, degrading treatment), it is possible to turn to the specialized courts.

On the one hand, in Quebec, passengers can file a complaint with the provincial human rights body, the Commission des droits de la personne et des droits de la jeunesse in Quebec.

On the other hand, the Canadian Human Rights Commission may also receive such a complaint in cases of discrimination or accessibility issues related to your carrier’s behaviour.

Possible outcomes

• An investigation into the company’s discriminatory practices;
• Financial compensation for moral or material damage suffered;
• An order requiring the company to train its staff or change its practices.

4. Civil liability action

A passenger can file a civil lawsuit against the airline. The purpose of this action is to obtain compensation commensurate with the damage suffered by the airline’s failure to provide services for people with special needs.

Indeed, it is possible to:

• Recover unreimbursed expenses;
• Claim damages for mental distress;
• Claim property loss (e.g., a damaged wheelchair with supporting evidence).

In order to sue, you must generally have exhausted administrative recourse to the CTA or the human rights commissions, if applicable, which are, a priori, better placed to respond to your request.

Then, like all civil actions, it is necessary to prove the material or moral damage suffered in order to obtain equivalent compensation, as well as the causal link with the breach or the conduct of the airline. In this sense, in order to maximize recourse, it is strongly recommended to keep all the evidence of your interaction with the company (tickets, written exchanges, photos of the damage as well as to note the names of the employees or managers involved).

In this sense, consulting with a lawyer specializing in litigation may be relevant in cases where legal action is being considered, in order to obtain the appropriate information for the case in question.

Timelines for filing complaints

In addition, The time limits for filing a complaint are often limited. It is advisable to act as quickly as possible to avoid any loss of rights.

Although no specific time limit is specified with the CTA, the general time limit is 3 years in Quebec to file a lawsuit, in accordance with the Civil Code of Quebec. This period starts from the date the damage was suffered (for example, a damaged wheelchair or costs incurred as a result of a breach). It is therefore essential that a complaint has been filed beforehand.

As for the Human Rights Commission, it is normally subject to the same 3-year period under ordinary law. However, it may decide not to deal with a complaint if the last relevant facts date back more than 2 years, hence the need to act quickly (section 77 of the Charter of Human Rights and Freedoms).

Rights Commission

	Claim Deadlines
OTC	Faster possible Attention RPPA, before the anniversary date of the flight.
Human Rights Commission (Quebec)	3 years since the incident, possibility of reduction to 2 years, or even 6 months in some cases.
Canadian Human	12 months from the date of the incident
Civil Remedies (Small Claims)	3 years since the date of the incident

In addition, some practical advice may be useful in order to prevent any situation that may require the use of such procedures, which can be long and complex. Indeed, the simple fact of informing the carrier in advance of the needs at the time of booking or at least 48 hours before the flight can greatly help the company to offer optimal service. However, it may be necessary to remind them once they arrive at the airport, at each stage, at check-in, boarding, during the flight and on arrival.

In addition, it is advisable to travel with all medical certificates or documentation on service animals, in order to avoid confusion. Consulting the CTA’s regulations and the specific policies of the airlines may help to clarify some of the details in this regard.

Finally, if you are in such a situation, you can consult the travel guide for people with disabilities available on the CTA’s website, as well as several other resources in this regard for more information.

Do not hesitate to contact us if you think you have been the victim of a violation by a carrier of your special needs!