Nov 14, 2026
If you or someone you travel with uses a power wheelchair that can’t fold down below 35 inches, most of WestJet’s passenger planes have been off-limits. The chair simply won’t fit through the baggage compartment door of the airline’s Boeing 737s.
A recent ruling from Canada’s transport regulator has forever changed that. WestJet must now fly, rebook or refund passengers it can not accommodate on its own planes.
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But a ruling only matters if it’s enforced.
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To confirm the enforceability of this new ruling, Money.ca asked the Canadian Transportation Agency (CTA) two questions:
- How will it make sure WestJet follows through?
- Does the decision impact other airlines?
The CTA’s answers indicate its willingness to enforce the ruling — but only with Westjet.
What did the CTA order WestJet to do?
The CTA is the federal regulator and quasi-judicial tribunal that oversees air, rail, marine and interprovincial bus travel in Canada. In a decision released Oct. 30, 2026, the CTA sided with Noa Fleischer, who relies on a power wheelchair. Fleischer filed a complaint with the CTA after she couldn’t book a 2023 resort vacation because her power wheelchair wouldn’t fit on most WestJet aircraft.
Due to the ruling, Fleischer has options. WestJet is now obligated to accommodate passengers who give at least 21 days’ notice that they’re travelling with a medically necessary mobility aid that can’t collapse below 35 inches. To accommodate these passengers, Westjet has three options:
- Fly the passenger as booked, if the device can safely be tilted through the cargo door
- Book the passenger on another air carrier at a comparable time and pay any fare difference
- Issue a full refund if no suitable alternative exists
There are, of course, some limits. WestJet only covers price differences within the same class of service, and the decision doesn’t guarantee an accessible flight will always be available.
Not the first time Wesjet was in front of the CTA over accessibility
It’s the second major accessibility setback for WestJet this year. In August, the CTA ordered the carrier to eliminate its 300-pound weight limit on mobility devices by July 2027.
Money.ca reached out to WestJet for comment on how it plans to implement the ruling and train staff ahead of the upcoming deadlines, but did not receive a response by publication time.
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How will the CTA make sure WestJet complies?
The CTA pointed to its Compliance and Enforcement Policy. Terry Kuny, a member of the media team, told Money.ca that the federal agency “actively monitors regulated entities to assess compliance with their obligations, using a variety of informal and formal enforcement measures.”
The agency said it uses a risk-based approach and acts “when there are indications that a regulated entity is not meeting its obligations.” A Designated Enforcement Officer (DEO) will escalate the response based on how serious the violation is and the carrier’s compliance history. That response can include administrative monetary penalties.
For any accessibility-related orders, those penalties can reach up to $250,000, according to the CTA.
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The ruling also sets hard deadlines for the airline to comply.
For instance, WestJet must confirm that accommodation is available by Dec. 14, 2026. By March 11, 2027, it must submit its new policies and proof that staff have been trained on these new policies.
Will other Canadian airlines have to follow suit?
The ruling could have implications for other Canadian airlines, particularly those with similar restrictions on mobility devices.
In an interview with Money.ca, Kuny explained “each case is assessed on its own facts and evidence.” While this doesn’t mean that all airlines are now required to follow the ruling requirements, like Westjet, it does mean that all airlines can use this recent CTA decision to understand their legal obligations and determine whether their existing policies meet accessibility requirements.
That’s an important distinction. During the case, WestJet argued that other major Canadian airlines have similar height restrictions on mobility devices. But just because a restriction is common across the industry doesn’t necessarily mean it complies with accessibility laws.
The CTA also drew on a 2023 ruling against Air Canada involving passenger Tim Rose, who was denied a flight because his power wheelchair was too large. The agency used that earlier decision as the basis for the 21-day notice period imposed on WestJet.
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For disability advocates, the message is clear: Airlines can’t simply point to their existing aircraft, equipment or business decisions as justification for failing to accommodate passengers with disabilities.
“Fundamental human rights must take precedence,” said Devin Glim, a staff lawyer with ARCH Disability Law Centre, which represented Fleischer in the case.
While the ruling doesn’t automatically force other airlines to change their policies, it puts carriers with similar restrictions on notice that longstanding business practices don’t necessarily outweigh their legal duty to accommodate passengers with disabilities.
What can passengers with mobility aides do now?
If you or a family member flies with a power wheelchair or other large mobility aid, these steps can protect both your trip and your money:
- Book at least 21 days ahead and tell WestJet (or any airline), in writing, that you need to travel with a medically necessary mobility aid
- Ask WestJet (or any airline) to confirm in writing whether the airline will fly you as booked, rebook you or refund you
- If you are moved to another airline, confirm that carrier has your mobility aid details at least 48 hours before departure
- If WestJet refuses to carry you, ask for a written explanation, which the decision says the airline is expected to provide
- Keep records of every exchange in case you need to file a complaint
For Westjet, the real test will come as they approach those December and March deadlines. That’s when travellers will see whether the regulator orders turned booking with Westjet into a smoother process, along with a better travelling experience for people with motorized wheelchairs.
This is important, as is the role the CTA plays in regulating plane travel, since the objective of the regulator is to help ensure “persons with disabilities can travel with confidence and that transportation service providers meet their obligations under the accessible transportation framework.”
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Leslie Kennedy served as an editor at Thomson Reuters and for Star Media Group, followed by a number of years as a writer and editor and content manager in marketing communications, before returning to her editorial roots. She is a graduate of Humber College’s post-graduate journalism program and has been a professional writer and editor ever since.
