Form 5A - Application for accessibility-related complaints

 
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Page 1 of 7: Background

Purpose

This form is to be used when you (the Applicant) experienced an incident or issue related to a disability while travelling and the complaint has not been resolved by facilitation or mediation and needs to be adjudicated. Adjudication is a formal and legally binding process and submitting this application is the first step.

You must provide information and evidence that:

  1. you are a person with a disability; and,
  2. you encountered a disability-related barrier to your mobility while travelling on an airplane, train, bus or passenger ferry that crosses a provincial or Canadian border.

The transportation service provider, i.e. airline, railway company, bus operator or ferry operator (the Respondent) must explain:

  • how it intends to remove the barrier
  • or why it believes it cannot do so without experiencing undue hardship.

You and the Respondent will be given the opportunity to ask questions and reply. This is usually done in writing. In some cases there may be oral hearings. The Agency will then issue a decision that is final and binding, just like a decision from a court.

When should you file this form?

You should file your application as soon as possible after failing to resolve your dispute with the respondent to ensure that all relevant documents and options for relief are still available to you.

For more information, see:

Supporting documents

At the end of this form you will be able to upload copies of any documents related to your application, such as tickets, claim forms, receipts of expenses for reimbursement, correspondence between you and the respondent. This will speed up the review of your application.

What happens next?

If your application is complete, the proceedings will be started.

If your application is incomplete, you will be notified in writing and you must provide the missing information within 20 business days after the date of the notice. If you fail to provide the missing information within the time limit, your file will be closed.

Time to complete the form

Approximately 20 minutes if you have all supporting documents listed above with you.

Personal information collection statement
Personal Information Collection Statement - Adjudication

All personal information created, held or collected by the Canadian Transportation Agency (Agency) is protected under the Privacy Act. This means that you will be informed of the purpose for which it is being collected and how to exercise your right of access to that information. You will be asked for your consent where appropriate.

The information provided in this form is collected in order to allow us to process your application. The personal information is collected pursuant to the Canada Transportation Act. The information is included in the personal information banks:

Any personal information the Agency receives from the online form is only provided to those members of our staff and Members who require it in order to respond to your application. The information may be shared with transportation service providers and any other parties involved in order to resolve your dispute.

As per the open court principle and the Canadian Transportation Agency Dispute Adjudication Rules, all information filed with the Agency as part of an adjudicated dispute becomes part of the public record and may be made available for public viewing. For adjudicated disputes, the Agency posts applications, pleadings documents and decisions issued on its website. For further information please see our Privacy Policy.

The information you submit on the online form will be encrypted (a secure means of transmission) when it is sent electronically to the Agency. For your reference purposes, the information you submit is temporarily retained in an encrypted folder on a secure server hosted on our internal network until 30 days following the issuance of a decision or upon withdrawal of your application and Agency acceptance. The information is stored in the Agency Corporate Repository and Case Management System where it will be retained for 10 years upon file closure, and then destroyed.

If after reading this statement, you prefer not to submit your application via the Internet, you may use one of the following methods:

By Courier or in Person: Canadian Transportation Agency, 15 Eddy Street, Gatineau, Quebec, J8X 4B3

By Teletypewriter: 1-800-669-5575

If you do not provide all of the required information on this form, the Agency will not be able to begin processing your application.

Privacy Inquiry

You have the right to request access to your personal information and also to request corrections if you believe that your personal information is erroneous or incomplete.

Any questions, comments, concerns or complaints regarding the administration of the Privacy Act and privacy policies may be directed to the departmental Privacy Coordinator by email to OTC.AIPRP-ATIP.CTA@otc-cta.gc.ca, by calling 819-743-7259 or writing to: Access to Information and Privacy Coordinator, 15 Eddy Street, Gatineau, Quebec, K1A 0N9.

If you are not satisfied with our response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by e-mail at info@priv.gc.ca or by telephone at 1-800-282-1376.