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

Regulations are current to 2020-06-17 and last amended on 2019-07-11. Previous Versions

PART 3Technical Requirements Applicable to Carriers (continued)

DIVISION 4Bus Carriers (continued)

Technical Requirements (continued)

The following provision is not in force.

Marginal note:Maintenance

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     (1) A bus and any related facilities, including any amenities and equipment used in them, that are subject to any requirements of this Division must be in good working order and properly maintained.

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    Marginal note:Repairs

    (2) If any facilities, amenities or equipment that are referred to in subsection (1) are not in good working order, they must be repaired as soon as possible and, until they are repaired, measures must be taken that will result in a substantially equivalent or greater level of accessibility for persons with disabilities.

PART 4Requirements Applicable to Terminal Operators

DIVISION 1Service Requirements

The following provision is not in force.

Marginal note:Application

 Unless otherwise specified, this Division applies to every terminal operator who is the owner, operator or lessee of

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    (a) an airport that is located in the national capital or a provincial capital or where at least 200,000 passengers emplaned and deplaned during each of the two preceding calendar years;

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    (b) a rail terminal that serves a rail carrier referred to in paragraph 25(1)(b);

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    (c) a ferry terminal that serves a marine carrier referred to in paragraph 25(1)(c); or

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    (d) a bus terminal that serves a bus carrier referred to in paragraph 25(1)(d).

The following provision is not in force.

Marginal note:Non-application — certain terminals

 This Division does not apply in respect of a terminal where the number of members of personnel who work at the terminal is, on average, fewer than 10, calculated on the basis of the daily average during each of the two preceding calendar years.

The following provision is not in force.

Marginal note:Prohibition — no charge for required services

 It is prohibited for a terminal operator to impose a charge or fee for any service that the terminal operator is required by this Part to provide to any person.

The following provision is not in force.

Marginal note:Communication of information

 A terminal operator must publish, including on its website, information about the services or facilities available at the terminal for persons with disabilities, including information about

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    (a) the curbside zone, including where the curbside zone is located and how to request assistance to or from the curbside zone;

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    (b) ground transportation from the terminal that is accessible to persons with disabilities, including whether a vehicle that is capable of carrying a non-folding or non-collapsible mobility aid is available;

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    (c) the location of designated areas for service dogs to relieve themselves;

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    (d) transportation between facilities within a terminal that is accessible to persons with disabilities; and

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    (e) wheelchair and electric cart services.

The following provision is not in force.

Marginal note:Assistance for persons with disabilities

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     (1) A terminal operator must, on the request of a person with a disability, provide the following services to the person without delay:

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      (a) assisting the person with their baggage or assisting with a wheelchair, including by providing a wheelchair if needed by the person;

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      (b) assisting the person to proceed between the general public area and the curbside zone; and

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      (c) assisting the person to proceed between the curbside zone and the check-in area or, if there is no check-in area, between the curbside zone and a representative of a carrier.

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    Marginal note:Exception

    (2) However, a terminal operator is not required to provide a person with any assistance referred to in subsection (1) if a carrier is already providing that person with that assistance.

The following provision is not in force.

Marginal note:Service provider for ground transportation

  • The following provision is not in force.

     (1) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of ground transportation from the terminal, including by taxi, limousine, bus or rental vehicle, the terminal operator must ensure that the service provider provides transportation that is accessible to persons who are travelling with a mobility aid or any other assistive device or with a service dog, including transportation with vehicles that are capable of carrying non-folding or non-collapsible mobility aids.

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    Marginal note:Rental vehicles

    (2) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of rental vehicles from the terminal, the terminal operator must ensure that the service provider provides rental vehicles that are equipped with hand-control systems.

DIVISION 2Technical Requirements

The following provision is not in force.

Marginal note:Application

 Unless otherwise specified, this Division applies to every terminal operator referred to in section 212 and to every terminal operator who is the owner, operator or lessee of a port that permits the mooring of cruise ships.

The following provision is not in force.

Marginal note:Non-application – certain areas or facilities

 This Division does not apply in respect of any area or any facility of a terminal that

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    (a) is not intended for use by the public;

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    (b) is not under the control of the terminal operator; or

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    (c) is a commercial establishment.

The following provision is not in force.

Marginal note:Pre-existing terminals

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     (1) Subject to subsection (2), sections 222, 226, 228 and 230 do not apply to a pre-existing terminal.

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    Marginal note:Modifications

    (2) If a terminal operator makes a modification — other than a modification to a mechanical, electrical or plumbing system or a modification carried out for an aesthetic purpose or for maintenance or repair — to any amenity or equipment that is used in a pre-existing terminal, the terminal operator must ensure that the modified amenity or equipment meets the requirements of sections 222, 226, 228 and 230, except in the following circumstances:

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      (a) the dimensions of the terminal or of the amenity or equipment are unalterable;

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      (b) the structural integrity or safe operation of the terminal or of the amenity or equipment would be materially affected;

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      (c) the principal purpose of the amenity or equipment would be fundamentally altered; or

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      (d) the Heritage Railway Stations Protection Act or any other Act of Parliament related to heritage protection would be contravened.

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    Marginal note:Definition of pre-existing terminal

    (3) In this section, a pre-existing terminal means a terminal

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      (a) in respect of which the terminal operator became the owner, operator or lessee before the day on which this section comes into force; or

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      (b) in respect of which the terminal operator became the owner, operator or lessee on or after the day on which this section comes into force if the terminal operator submitted the call for tenders for the purchase, lease or construction of that terminal before the day on which this section comes into force.

 
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