C-10.4Canada Transportation ActSOR/94-4219941

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20089

CANADA TRANSPORTATION ACTPersonnel Training for the Assistance of Persons with Disabilities RegulationsRegulations Respecting the Training of Personnel Employed in Transportation-Related Facilities or Premises or by Carriers, to Assist Persons with Disabilities Travelling Within the Transportation NetworkP.C.1994-21 19941

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 63.1(1)(b)* of the National Transportation Act, 1987**, is pleased hereby to approve the annexed Regulations respecting the training of personnel employed in transportation-related facilities or premises or by carriers, to assist persons with disabilities travelling within the transportation network, made by the National Transportation Agency on October 28, 1993, effective on the first anniversary of the date of their publication in the Canada Gazette Part II.*R.S., c. 19 (4th Supp.), s. 2**R.S., c. 28 (3rd Supp.)SHORT TITLE

1.These Regulations may be cited as the Personnel Training for the Assistance of Persons with Disabilities Regulations.

INTERPRETATION

2.In these Regulations,Act means the Canada Transportation Act; (Loi)attendant means a person who travels with a person with a disability to provide a service related to a disability that is not usually provided by a carrier; (accompagnateur)carrier means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act, a government in Canada or an agent thereof, or any other person or entity that is controlled in fact by Canadians and, where applicable, of which at least 75 per cent of the voting interests are held and controlled by Canadians, that operates a passenger transportation service within or from Canada; (transporteur)commuter rail service means a passenger-train service that accommodates principally persons who commute between points on the railway of the company that provides the service; (service ferroviaire de banlieue)contractor means any person, or employee of that person, who performs services pursuant to a contract or an arrangement with a carrier or a terminal operator, and who is not an employee of the carrier or the terminal operator, but does not include a travel agency; (entrepreneur)disability means a physical, sensory, developmental, mental health or medical functional limitation or restriction that affects a person in such a manner that the person is a person with a disability; (déficience)lodge operation means an operation that involves a commercial air service of a small aeroplane, as defined in section 2 of the Air Carriers Using Small Aeroplanes Order; (hôtel pavillonnaire)mobility aid includes wheelchairs, scooters, transfer chairs, walkers, canes, crutches and braces; (aide à la mobilité)person with a disability means a person who is, has been or will be a passenger on a service operated by a carrier and who, because of a disability, requires services that are not usually extended to other passengers, including assistance(a)when making travel arrangements,(b)when embarking and disembarking,(c)on board a vehicle, and(d)during any movements between facilities inside or outside the terminal buildings that involve transportation-related services; (personne ayant une déficience)service animal means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained to assist a person with a disability by a professional service animal institution; (animal aidant)terminal operator means the owner, operator or lessee of facilities or premises related to the transport of passengers within the transportation network governed by the Act; (exploitant de terminal)transportation-related services includes passenger security screening, baggage handling, vehicle rental, public parking and, in the case of air terminals, all ground transportation from the terminal. (services liés au transport)

SOR/94-700, s. 3;
SOR/98-197, s. 13.

APPLICATION

3.(1)These Regulations apply to every carrier except(a)an air carrier(i)that provides service only to air terminals where there were less than 10,000 enplaned and deplaned passengers in each of the two preceding calendar years,(ii)whose gross annual revenue was less than $500,000 in either of the two preceding calendar years, or(iii)whose operations are limited to serving the needs of a lodge operation;(b)a rail carrier in respect of commuter rail services provided by that carrier; and(c)a carrier that operates an extra-provincial bus undertaking.(2)These Regulations apply to every terminal operator except(a)an air terminal operator at whose terminal there were less than 10,000 enplaned and deplaned passengers in each of the two preceding calendar years; and(b)an extra-provincial bus terminal operator.

SOR/98-197, s. 14.

EMPLOYEES AND CONTRACTORS WHO INTERACT WITH THE PUBLIC

4.Every carrier and terminal operator shall ensure that, consistent with its type of operation, all employees and contractors of the carrier or terminal operator who provide transportation-related services and who may be required to interact with the public or to make decisions in respect of the carriage of persons with disabilities receive a level of training appropriate to the requirements of their function in the following areas:(a)the policies and procedures of the carrier or terminal operator with respect to persons with disabilities, including relevant regulatory requirements;(b)the needs of those persons with disabilities most likely to require additional services, recognition of those needs, and the responsibilities of the carrier or terminal operator in relation to those persons, including the level of assistance, methods of communication and aids or devices generally required by persons with disabilities; and(c)the necessary skills for providing assistance to persons with disabilities, including the role of the attendant, and the needs of persons with disabilities travelling with a service animal, including the role and the needs of that animal.

EMPLOYEES AND CONTRACTORS WHO PROVIDE PHYSICAL ASSISTANCE

5.Every carrier shall ensure that, consistent with its type of operation, all employees and contractors of the carrier who may be required to provide physical assistance to a person with a disability receive the training described in section 4 and a level of training appropriate to the requirements of their function in the following areas:(a)assisting with mobility aids through doors and on irregular and multi-level surfaces, steps, curbs and elevators;(b)transferring a person with a disability between the person’s own mobility aid and a mobility aid provided by a carrier and between a mobility aid and the person’s passenger seat, including(i)seeking information from a person with a disability with respect to the person’s preferred method of transfer and information with respect to any other special measures required to ensure the safety and comfort of the person with a disability, and(ii)performing appropriate lifting techniques to(A)execute various types of transfer with maximum consideration for the dignity, safety and comfort of the person with a disability, and(B)avoid injury to the employee or contractor making the transfer;(c)guiding and orienting a person who is blind or whose visual impairment affects that person’s mobility; and(d)assisting a person who has limitations in balance, agility or coordination that affect that person’s mobility.

EMPLOYEES AND CONTRACTORS WHO HANDLE MOBILITY AIDS

6.Every carrier shall ensure that, consistent with its type of operation, all employees and contractors of the carrier who may be required to handle mobility aids receive the training described in section 4 and a level of training appropriate to the requirements of their function in the following areas:(a)different types of mobility aids;(b)requirements, limitations and procedures for securing, carrying and stowing mobility aids in the passenger compartment of a vehicle; and(c)proper methods of carrying and stowing mobility aids in the baggage compartment of a vehicle, including the disassembling, packaging, unpackaging and assembling of the mobility aids.

EMPLOYEES AND CONTRACTORS WHO ASSIST WITH SPECIAL EQUIPMENT OR AIDS

7.Every carrier shall ensure that, consistent with its type of operation, all employees and contractors of the carrier who may be required to assist with special equipment or aids receive the training described in section 4 and a level of training appropriate to the requirements of their function in the following areas:(a)telephone devices for persons who are deaf or hard of hearing, electronic signage, and audio or video equipment;(b)mechanical lifts, ramps and other level-change devices; and(c)on-board oxygen, on-board electrical supply, connection of auxiliary respirator systems and installation of stretchers.

TIME LIMIT FOR COMPLETION OF TRAINING

8.Every carrier and terminal operator shall ensure that all employees and contractors of the carrier or terminal operator who are required by these Regulations to receive training complete their initial training within 60 days after the commencement of their duties.

9.Every carrier and terminal operator shall ensure that all employees and contractors of the carrier or terminal operator receive periodic refresher training sessions appropriate to the requirements of their function.

10.Every carrier and terminal operator shall keep its training program current by incorporating, at the earliest opportunity, any new information on procedures and services offered or any specific technologies introduced by the carrier or terminal operator to assist persons with disabilities.

TRAINING PROGRAM DESCRIPTION

11.Every carrier and terminal operator shall keep available for inspection by the Agency and the general public a copy of its current training program prepared in the form set out in the schedule and containing the information required therein.

SCHEDULE(Section 11)DESCRIPTION OF TRAINING PROGRAM(Corporate name, address and nature of business of carrier or terminal operator)Date:1.Name and title of person responsible for managing the training program within the organization.2.Target group of the training program (specify):(a)employees and contractors who interact with the public;(b)employees and contractors who provide physical assistance;(c)employees and contractors who handle mobility aids;(d)employees and contractors who assist with special equipment or aids.3.List of the occupational categories of the organization’s employees and contractors required to receive training.4.Subject matter covered in the training program.5.Principal teaching methods and types of educational and support materials used in the training program.6.Number of hours of training provided in the initial training program.7.Average period between the beginning of employment and the initial training.8.Frequency, nature and number of hours of refresher training sessions required.9.Qualifications and title of the person who provides the initial training and refresher training sessions.10.Where a person with a disability is involved in the training program, the nature of the involvement.11.Means used by the organization to ensure that employees receive a level of training appropriate to the requirements of their function.12.The recording and monitoring of the completion of the initial training and each refresher training session.13.Where the organization uses contractors, the means used to ensure that the contractors receive a level of training appropriate to the requirements of their function.(Signature, name and title of authorized officer or agent)