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Accessible Transportation for Persons with Disabilities Regulations (SOR/2019-244)

Regulations are current to 2020-03-05 and last amended on 2019-07-11. Previous Versions

Accessible Transportation for Persons with Disabilities Regulations

SOR/2019-244

CANADA TRANSPORTATION ACT

Registration 2019-06-25

Accessible Transportation for Persons with Disabilities Regulations

P.C. 2019-908 2019-06-22

Whereas, pursuant to subsection 36(2) of the Canada Transportation ActFootnote a, the Canadian Transportation Agency has given the Minister of Transport notice of the annexed Accessible Transportation for Persons with Disabilities Regulations;

Therefore, the Canadian Transportation Agency, pursuant to subsections 170(1) and (2) and 177(1)Footnote b of the Canada Transportation ActFootnote a, makes the annexed Accessible Transportation for Persons with Disabilities Regulations.

Gatineau, May 24, 2019

J. Mark MacKeigan
Member, Canadian Transportation Agency
Lenore Duff
Member, Canadian Transportation Agency

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation ActFootnote a, approves the annexed Accessible Transportation for Persons with Disabilities Regulations, made by the Canadian Transportation Agency.

Interpretation

The following provision is not in force.

Marginal note:Definitions

  • The following provision is not in force.

     (1) The following definitions apply in these Regulations.

    Act

    Act means the Canada Transportation Act. (Loi)

    assistive device

    assistive device means any medical device, mobility aid, communication aid or other aid that is specially designed to assist a person with a disability with a need related to their disability. (dispositif d’assistance)

    barrier

    barrier[Repealed, SOR/2019-244, s. 238]

    CATSA

    CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

    CBSA

    CBSA means the Canada Border Services Agency established under subsection 3(1) of the Canada Border Services Agency Act. (ASFC)

    CSA B651-18

    CSA B651-18 means the National Standard of Canada CAN/CSA B651-18, entitled Accessible design for the built environment, published in November 2018 by the Canadian Standards Association, as amended from time to time. (norme CAN/CSA B651-18)

    curbside zone

    curbside zone means an area that is located outside of a terminal where passengers are picked up or dropped off and that is owned, operated, leased or otherwise controlled by the terminal operator. (aire d’arrêt minute)

    disability

    disability[Repealed, SOR/2019-244, s. 238]

    ferry

    ferry means a vessel that is used for the transportation of passengers and that operates on a fixed schedule between two or more points. (traversier)

    mobility aid

    mobility aid means any manual or electric wheelchair, scooter, boarding chair, walker, cane, crutch, prosthesis or other aid that is specially designed to assist a person with a disability with a need related to mobility. (aide à la mobilité)

    personnel

    personnel, in respect of a carrier, a terminal operator, CATSA or the CBSA, means

    • The following provision is not in force.

      (a) any employees of that carrier or terminal operator or of CATSA or the CBSA, as the case may be;

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      (b) any persons, except a travel agency, that have entered into an agreement or arrangement with that carrier or terminal operator or with CATSA or the CBSA, as the case may be, to provide services on their behalf; and

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      (c) any employees of the persons referred to in paragraph (b). (personnel)

    service dog

    service dog means a dog that has been individually trained by an organization or person specializing in service dog training to perform a task to assist a person with a disability with a need related to their disability. (chien d’assistance)

    support person

    support person means a person referred to in subsection 50(1) whose assistance is needed by a person with a disability. (personne de soutien)

    terminal

    terminal means an airport, a railway station, a ferry terminal or a bus station, or a port that permits the mooring of cruise ships, and any related facilities, whether inside or outside of the terminal, including any amenities or equipment used in a terminal or in its related facilities, such as washrooms, waiting or rest areas, boarding platforms, curbside zones and parking. (gare)

    terminal operator

    terminal operator means a person that owns, operates or leases a terminal. (exploitant de gare)

    transportation-related service or facility

    transportation-related service or facility means any service or facility, including any amenity or equipment used in a facility, that is related to the transportation of passengers within the transportation network. (service ou installation liés au transport)

    Web Content Accessibility Guidelines

    Web Content Accessibility Guidelines means the World Wide Web Consortium Recommendation, dated December 2008, entitled Web Content Accessibility Guidelines (WCAG) 2.0, published by the World Wide Web Consortium (W3C), as amended from time to time. (Règles pour l’accessibilité des contenus Web)

  • The following provision is not in force.

    Marginal note:Interpretation of document incorporated by reference

    (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

  • (3) [Repealed, SOR/2019-244, s. 238]

  • SOR/2019-244, s. 238
The following provision is not in force.

Marginal note:Interpretation — no effect on existing legal obligations

 For greater certainty, nothing in these Regulations is to be construed as

  • The following provision is not in force.

    (a) limiting the duty to accommodate under the Canadian Human Rights Act or any other Act of Parliament; or

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    (b) requiring any person to do anything that jeopardizes security, public health or public safety.

PART 1Requirements Applicable to Transportation Service Providers

Application

The following provision is not in force.

Marginal note:Carriers, terminal operators, CATSA and CBSA

  • The following provision is not in force.

     (1) This Part applies to the following entities (each of which is referred to in this Part as a “transportation service provider”):

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      (a) every carrier to which Part 3 applies;

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      (b) every terminal operator to which Division 1 of Part 4 applies;

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      (c) CATSA; and

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      (d) the CBSA.

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    Marginal note:Application of paragraph 5(a)

    (2) Paragraph 5(a) applies to every carrier to which Part 2 applies and every terminal operator to which Division 2 of Part 4 applies, in addition to the entities mentioned in paragraphs (1)(a) to (d).

Communication of Information to Persons with Disabilities

The following provision is not in force.

Marginal note:General information — alternative formats

  • The following provision is not in force.

     (1) If a transportation service provider makes available to the public information about any transportation-related service or facility, the transportation service provider must ensure that

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      (a) if the information is made available in an electronic format, the format is compatible with adaptive technology that is intended to assist persons with disabilities;

    • The following provision is not in force.

      (b) if the information is made available only in a paper format, it is made available, on request, in large print, in Braille or in an electronic format;

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      (c) if the information is made available in an audio format, it is made available, on request, in a visual format; and

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      (d) if the information is made available in a visual format, it is made available, on request, in an audio format.

  • The following provision is not in force.

    Marginal note:Timing

    (2) If a person with a disability makes a request referred to in any of paragraphs (1)(b) to (d), the transportation service provider must provide the information in the requested format as soon as feasible.

The following provision is not in force.

Marginal note:Information to be published

 A transportation service provider must publish, including on its website, the following information:

  • The following provision is not in force.

    (a) a notice that it is subject to these Regulations and the provisions of these Regulations that apply to it;

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    (b) the services that it offers to persons with disabilities and any conditions that apply to those services; and

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    (c) the complaint resolution services that it offers and how a passenger may access those services.

 
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