Accessible Transportation for Persons with Disabilities Regulations

Marginal note:Duty of carrier

61 If the mobility aid of a person with a disability is not retained by the person during transport and it is damaged, destroyed or lost during transport or is not made available to the person at the time of their arrival at their destination, the carrier must, without delay and at the carrier’s own expense,

• (a) provide them with a temporary replacement mobility aid that meets their needs in relation to their mobility and that they are permitted to use until their mobility aid is returned to them or is repaired or replaced or until they are reimbursed by the carrier for the loss of the mobility aid;

• (b) reimburse the person for any expenses they have incurred because the mobility aid was damaged, destroyed or lost or because it was not made available to them at the time of their arrival at their destination;

• (c) in the case of a damaged mobility aid, arrange for the repair of the mobility aid and promptly return it to the person or, in the case of a damaged mobility aid that cannot be adequately repaired,

  • (i) replace the damaged mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the damaged mobility aid and that meets the person’s needs in relation to their mobility, or

  • (ii) reimburse the person for the full replacement cost of the mobility aid; and

• (d) in the case of a destroyed mobility aid or a mobility aid that is not made available to the person at the time of their arrival at their destination and that is not returned to them within, in the case of an air carrier, 96 hours after that arrival or, in the case of a train, marine or bus carrier, 72 hours after that arrival,

  • (i) replace the destroyed or lost mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the destroyed or lost mobility aid and that meets the person’s needs in relation to their mobility, or

  • (ii) reimburse the person for the full replacement cost of the mobility aid.