# Flying with a disability in the US and Canada: your rights

Source: https://airtravelrights.com/disability-flight-rights-us-canada/

> A US domestic wheelchair is valued at its purchase price, not capped by the $4,700 bag limit; in Canada an aid missing 96 hours counts as destroyed.

# Disability rights on US and Canadian flights, and what a damaged wheelchair is worth

2 different size tests, 2 opposite notice rules, and 2 damage bases that share nothing but the word "wheelchair": US and Canadian disability rules sound alike and differ underneath. Below: who is bound, refusal and fees, advance notice, in-flight carriage, what a damaged wheelchair is worth, and what to do when it comes back broken.

## Which airlines do the US and Canadian rules bind?

2 different size tests apply: US 14 CFR Part 382 binds every US carrier everywhere, and any foreign carrier only on flights beginning or ending at a US airport. Canada's ATPDR Part 2 binds only a "large air carrier," one that carried 1,000,000 or more passengers worldwide in each of the two preceding years.

| | US (14 CFR 382) | Canada (ATPDR Part 2) |
|:--|:--|:--|
| Who is bound | Every US carrier; foreign carriers on US-touching flights | Carriers with 1,000,000+ passengers in each of the last 2 years |
| Advance notice | Not required, narrow exceptions only | A request 48 hours ahead guarantees the service |
| Fee for a required service | None; a second seat only if you occupy it | None, except support person, service dog or extra seat on international services |
| Damage basis | Original purchase price, uncapped, on domestic flights | Repair, equivalent replacement, or full replacement cost |
| International flights | Montreal Convention, 1,519 SDR unless a special declaration was made | Carrier must offer a special declaration of interest before stowing the aid |

Source: 14 CFR 382.7(a)-(b), 382.25, 382.31, 382.131; SOR/2019-244 ss. 25-26, 31, 32, 61-62 - ecfr.gov; laws-lois.justice.gc.ca, checked 2026-09-22; Montreal Convention art. 22(2), checked 2026-09-15.

The one number both countries share, 48 hours, means opposite things: an exception to a no-notice US rule, and the guarantee condition for a Canadian request.

US coverage is broad by nationality: "if you are a U.S. carrier, this Part applies to you ... regardless of where your operations take place." A foreign carrier is bound "only with respect to flights you operate that begin or end at a U.S. airport." Canada's 1,000,000-passenger test is different from APPR's own 2,000,000 threshold for a "large carrier": never reuse an APPR large-carrier list here. A carrier outside ATPDR Part 2 falls under the older Air Transportation Regulations, Part VII, but only on domestic services flown with 30 or more seats; for a smaller carrier's international flights, or a smaller aircraft, this page has no rule to give you.

Check which test applies before assuming a Canadian carrier is covered; ATPDR's size line is not APPR's.

## Can an airline refuse you or charge for assistance?

0 charges apply to a required service in either country, bar narrow exceptions. A US carrier "must not refuse to provide transportation to a passenger with a disability on the basis of his or her disability, except as specifically permitted," and a Canadian carrier may not "impose a fare or any other charge for any service" the ATPDR requires.

Source: 14 CFR 382.19, 382.31; SOR/2019-244 ss. 31, 50 - ecfr.gov; laws-lois.justice.gc.ca, checked 2026-09-22.

A US carrier may refuse on safety grounds only under 49 U.S.C. 44902, 14 CFR 121.533 or an FAA, TSA or foreign-government rule; a refusal because your disability is said to be a safety risk also needs a "direct threat" shown by individualized assessment, and you are owed a written statement of reasons. A US carrier may charge for a second seat only if you occupy more than one; otherwise no charge applies for a required facility, service or piece of equipment. In Canada, the no-charge rule has one exception: support-person, service-dog or extra-seat services on a flight between Canada and a foreign country. A Canadian carrier must accept a support person you request for help eating, taking medication, using the washroom, transferring, orientation or communication after departure, and must seat that person next to you.

Write down the reason given for any refusal or charge, and note whether it names a specific safety assessment.

## Do you have to give advance notice?

0 advance notice of your disability can a US carrier require, as a general rule; Canada runs the opposite way, guaranteeing a requested service once you ask 48 hours or more ahead. Both countries carve out exceptions to their general rule.

Source: 14 CFR 382.25, 382.27; SOR/2019-244 s. 32 - ecfr.gov; laws-lois.justice.gc.ca, checked 2026-09-22.

US law states it directly: "you must not require a passenger with a disability to provide advance notice of the fact that he or she is traveling." Notice can be required only for a short, listed set of items: up to 48 hours, plus checking in one hour earlier, for a ventilator, respirator, CPAP or POC; up to 72 hours international or 48 hours domestic for carrier-supplied medical oxygen.

Canada's starting point is the opposite: "if a person with a disability makes a request for a service ... at least 48 hours before the scheduled time of departure, the carrier must provide the service," and some listed services must still be provided on a later request.

Give a Canadian carrier your request at least 48 hours ahead, and never assume a US carrier can demand advance notice by default.

## How must your wheelchair be carried and returned?

0 limit on carry-on baggage applies to your wheelchair or assistive device in the US: 14 CFR 382.121 bars counting it, and priority stowage ahead of other cargo is required if it must be checked. Canada's rule is request-based: the carrier must accept the aid as priority baggage.

Source: 14 CFR 382.121, 382.125; SOR/2019-244 ss. 40, 44, 48 - ecfr.gov; laws-lois.justice.gc.ca, checked 2026-09-22.

In the US, a mobility aid that can be stowed in the cabin must be permitted there, and "must not count ... toward a limit on carry-on baggage." Checked in the hold, it gets "priority for stowage ... over other cargo and baggage," must return "as close as possible to the door of the aircraft" unless security or hazmat rules prevent it, and must be "among the first items retrieved." You must be told in writing of your right to contact a Complaints Resolution Official and to file a claim if it is mishandled.

In Canada, on request, a carrier "must ... accept the mobility aid for transport as priority baggage," and you may keep using it until it has to be stored. A Canadian carrier may refuse a mobility aid only for hold or door size, airworthiness, or lift or ramp capacity, and must then give written reasons within 10 days and offer an alternative trip at the lower fare.

Ask for your CRO's contact details before boarding in the US, and expect written reasons within 10 days if a Canadian carrier turns down a mobility aid.

## What does the airline owe for a damaged or lost wheelchair?

$4,700 is the US domestic baggage cap that does not apply to a wheelchair: 14 CFR 382.131 displaces it, and the basis is instead the device's original purchase price. Canada requires repair, equivalent replacement, or the full replacement cost, with no dollar cap stated in the regulation.

Source: 14 CFR 382.131, 254.4; SOR/2019-244 ss. 61-62 - ecfr.gov; laws-lois.justice.gc.ca, checked 2026-09-22; Montreal Convention art. 22(2) - MC99, checked 2026-09-15.

14 CFR 382.131 states that for transportation covered by Part 254, the Part 254 liability limits for wheelchairs and other assistive devices "do not apply," and "the basis for calculating the compensation for a lost, damaged, or destroyed wheelchair or other assistive device shall be the original purchase price of the device." Part 254 reaches only interstate or intrastate transportation, so this uncapped basis is a domestic-flight rule; an international flight falls instead to the Montreal Convention's 1,519 SDR baggage limit, unless a special declaration of interest was made. On an international service, a Canadian carrier "must advise the person of the option to make a special declaration of interest" before the aid is stowed.

Canada's section 61 sets no dollar figure: the carrier must, without delay and at its own expense, provide a temporary replacement, reimburse expenses, repair the aid or replace it with an equivalent model, or "reimburse the person for the full replacement cost." An aid destroyed, or not returned within 96 hours of arrival, must be replaced or its full replacement cost reimbursed.

Ask which basis applies, US domestic, Montreal international, or Canadian, before assuming a figure; the three are separate rules.

## What should you do when your wheelchair comes back damaged?

1 step comes first in the US: contact a Complaints Resolution Official and file a written claim with the airline. Canada's first step is the carrier's own section 61 duty to repair, replace or reimburse without delay; in the US, a DOT complaint comes only after the airline has had its chance.

Source: 14 CFR 382.125(e); DOT complaint page - ecfr.gov; transportation.gov, checked 2026-09-22; SOR/2019-244 s. 61 - laws-lois.justice.gc.ca, checked 2026-09-22.

In the US, 382.125(e) requires you to be told in writing of the right to contact a CRO and to file a claim if your wheelchair is mishandled; do that at the airport, and keep a copy of the written claim. Only if the airline does not resolve it does a DOT complaint follow: contact the airline first, then file with the Office of Aviation Consumer Protection, online or by mail. The DOT directs the airline to respond to you, with a copy to the DOT; airlines must acknowledge a complaint within 30 days and answer it in writing within 60.

In Canada, the section 61 duty is the carrier's own obligation, owed without delay and at its expense, and it is the route this page describes. A Canadian Transportation Agency complaint about accessibility is not covered here.

Photograph the damage before leaving the airport, keep your baggage claim tag, and put your claim in writing the same day, whichever country you flew in.

Not your situation? For UK and EU flights, see [special assistance flight rights](https://airtravelrights.com/special-assistance-flight-rights-uk-eu/); for a delay or cancellation instead of an accessibility issue, see the [US DOT hub](https://airtravelrights.com/us-dot/) and [Canada's APPR](https://airtravelrights.com/canada-appr/).

General information, not legal advice. For your specific case: the US Department of Transportation, the Canadian Transportation Agency, or a lawyer.

## Sources

- 14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel - [ecfr.gov](https://www.ecfr.gov/current/title-14/part-382), checked 2026-09-22.
- 14 CFR Part 254, Domestic Baggage Liability - [ecfr.gov](https://www.ecfr.gov/current/title-14/part-254), checked 2026-09-22.
- U.S. DOT, File a Consumer Complaint - [transportation.gov](https://www.transportation.gov/airconsumer/file-consumer-complaint), checked 2026-09-22.
- Accessible Transportation for Persons with Disabilities Regulations (SOR/2019-244) - [laws-lois.justice.gc.ca](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-244/FullText.html), checked 2026-09-22.
- Air Transportation Regulations (SOR/88-58), Part VII - [laws-lois.justice.gc.ca](https://laws-lois.justice.gc.ca/eng/regulations/SOR-88-58/FullText.html), checked 2026-09-22.
- Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention 1999), art. 22 - checked 2026-09-15.