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

Regulations are current to 2022-06-20 and last amended on 2021-06-25. Previous Versions

PART 2Service Requirements Applicable to Carriers (continued)

Medical Certificates and Other Information and Documents

Marginal note:Required information

  •  (1) If a person with a disability requests a service set out in this Part, except a service referred to in any of paragraphs 35(a), (b), (g), (i) to (l) and (n) to (r) or section 37 or 38, a carrier may require that the person provide any information or documents, including a medical certificate, that are reasonably necessary to permit the carrier to assess the person’s request.

  • Marginal note:Reasonable effort

    (2) A carrier must make every reasonable effort to provide a service requested by a person with a disability even if the person does not provide any information or documents that are requested by the carrier, including any information or documents that are referred to in subsection (1) or paragraph 41(2)(a) or 51(2)(a) or (b).

Services

Assistance for Persons with Disabilities

Marginal note:Conditions for priority boarding

  •  (1) A carrier must permit a person with a disability, on request, to board in advance of other passengers if

    • (a) the person has requested assistance with boarding, locating their passenger seat or cabin, transferring between a mobility aid and their passenger seat or storing carry-on baggage;

    • (b) in the case where the person is blind or has any other visual impairment, the person has requested a description of the layout of the aircraft, train, ferry or bus, as the case may be, or of the location and operation of operating controls at the person’s passenger seat; or

    • (c) in the case where the person is disabled due to a severe allergy, the person has requested to clean their passenger seat to remove any potential allergens.

  • Marginal note:Requirement to board

    (2) If a person with a disability requests the assistance referred to in paragraph (1)(a) or (b), a carrier may require the person, in order for members of personnel to provide that assistance, to board before the other passengers or, if the person arrives at the boarding area after the end of priority boarding, to board after the other passengers.

Marginal note:Services to be provided on request

 A carrier must, on the request of a person with a disability, provide the following services to the person without delay:

  • (a) assisting the person with checking in at the check-in counter;

  • (b) permitting the person, if they are unable to use an automated self-service kiosk or other automated check-in or ticketing process, to advance to the front of the line at a check-in counter or ticket counter;

  • (c) assisting the person in proceeding through any security screening process at the terminal, including by

    • (i) providing members of personnel to assist the person to proceed through the security screening process, or

    • (ii) collaborating with the relevant security authority or security personnel at the terminal to permit a person who is not travelling with the person with a disability to have access to the security screening checkpoint so that they may assist the person with a disability to proceed through the security screening process;

  • (d) assisting the person in proceeding to the boarding area after check-in;

  • (e) before boarding, transferring the person between the person’s own mobility aid and a mobility aid provided by the carrier;

  • (f) assisting the person in boarding and disembarking and, in the case of a person travelling on a ferry, assisting the person in moving from a vehicle deck to a passenger deck or from a passenger deck to a vehicle deck;

  • (g) assisting the person in storing and retrieving their carry-on baggage;

  • (h) before departure and on arrival at the destination, transferring the person between a mobility aid and the person’s passenger seat;

  • (i) assisting the person in moving in and out of a mobility aid space;

  • (j) in the case of a person who is blind or has any other visual impairment, describing to the person, before departure or, if impossible because of time constraints, after departure, the layout of the aircraft, train, ferry or bus, as the case may be, including the location of washrooms and exits, and the location and operation of any operating controls at the person’s passenger seat;

  • (k) assisting the person in accessing any entertainment content that is offered on board, such as by providing them with a personal electronic device and assisting them in using that device;

  • (l) before departure, providing the person with an individualized safety briefing and demonstration;

  • (m) in the case of an aircraft, train or ferry, providing the person with an on-board wheelchair;

  • (n) in the case of an aircraft, train or ferry, assisting the person in moving between their passenger seat and a washroom, including by assisting them in transferring between their passenger seat and an on-board wheelchair;

  • (o) in the case of an aircraft, permitting a person to use the washroom that has the most amount of space, regardless of where the washroom is located, if the person needs an on-board wheelchair or the assistance of a support person or service dog to use a washroom;

  • (p) in the case of a person who is blind or has any other visual impairment, describing to the person, if a meal is offered on board, all the food and beverages that are offered for consumption or providing a menu in large print or in Braille;

  • (q) if a meal is served on board to the person, assisting the person with the meal by opening packages, identifying food items and their location and cutting large food portions;

  • (r) if the person is not able to access a food-service car on a train, permitting the person and any support person to order a meal, and be served the meal, at their passenger seats or in their cabin;

  • (s) assisting the person in proceeding through border clearance;

  • (t) assisting the person in retrieving their checked baggage;

  • (u) assisting the person, after disembarkation, in proceeding to the general public area;

  • (v) assisting the person, after disembarkation, in proceeding to a location where the person may receive assistance to proceed to the curbside zone from a member of the terminal operator‘s personnel; and

  • (w) assisting the person, if they are transferring to another segment of their trip at the same terminal, in proceeding to a location where the person may receive assistance from a member of the receiving carrier’s personnel.

Marginal note:Bus transportation — services

  •  (1) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability who is using a mobility aid, provide the following services:

    • (a) if the bus is not equipped with a washroom that accommodates a person using a mobility aid and any support person, stopping the bus, at least every two and a half hours, at a rest stop with such a washroom or at a rest stop chosen by the person under paragraph 54(2)(b);

    • (b) allowing the person an adequate amount of time to use washrooms at rest stops, taking into account the additional time that is required for the person to board and disembark from the bus; and

    • (c) permitting the person to board or disembark at a stop of their choice if the member of personnel who is operating the bus considers it safe to do so and, if not, informing the person of the location of the closest safe stop.

  • Marginal note:Additional services

    (2) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability, without delay, assist the person with their baggage and provide the following services:

    • (a) assisting the person, at any stops, with boarding and disembarking; and

    • (b) assisting the person to proceed to the stop, including by guiding the person and by assisting with the person’s wheelchair.

Marginal note:Persons not independently mobile

 If a person with a disability who is in a wheelchair, a boarding chair or any other device in which the person is not independently mobile is waiting at a terminal for departure after check-in or in order to transfer to another segment of their trip, the carrier must ensure that members of personnel

  • (a) provide the person with a place to wait that is close to members of personnel who are available to provide assistance to the person; and

  • (b) periodically inquire about the person’s needs and attend to those needs if the services requested by the person are services that are required by this Part.

Marginal note:Request for assistance

 Unless a person with a disability is able to request assistance from members of personnel by means of a call button, the carrier must ensure that members of personnel periodically inquire about the person’s needs and attend to those needs if the services requested by the person are services that are required by this Part.

Marginal note:Personal electronic device

 A carrier that is subject to the requirements set out in section 81, 117, 164 or 205 must, on the request of a person with a disability, provide to the person, for their use while on board, a personal electronic device that is referred to in that section.

Transportation of Mobility Aids and Other Assistive Devices

Marginal note:Priority baggage

  •  (1) Subject to sections 44 to 47, a carrier must, on the request of a person with a disability who needs a mobility aid during travel, accept the mobility aid for transport as priority baggage.

  • Marginal note:Option to retain

    (2) The carrier must permit the person to retain their mobility aid until it becomes necessary to store it.

Marginal note:Services

  •  (1) A carrier must provide the following services to a person with a disability who uses a mobility aid:

    • (a) if it is necessary in order to make room for the storage of that mobility aid, removing any cargo and other baggage from storage;

    • (b) if the mobility aid needs to be disassembled and packaged in order to store it, disassembling and packaging the mobility aid and, on arrival at the person’s destination, unpackaging and reassembling it; and

    • (c) returning the mobility aid to the person on arrival at the destination without delay.

  • Marginal note:Disassembly and reassembly

    (2) A carrier may require a person who requests the service referred to in paragraph (1)(b) to do any of the following:

    • (a) provide the carrier with written instructions for the disassembly and reassembly of the mobility aid; and

    • (b) check in or arrive at the boarding area before the scheduled time for check-in or boarding.

Marginal note:On-board storage — trains or ferries

 A rail or marine carrier must permit a person with a disability who uses a mobility aid to store their mobility aid on board the train or ferry.

Marginal note:On-board storage — aircraft or buses

 An air or bus carrier must make every reasonable effort to permit a person with a disability who uses a walker or manual folding wheelchair to store it on board the aircraft or bus.

Marginal note:Refused transportation — aircraft

 An air carrier may refuse to transport a person’s mobility aid if

  • (a) the size of the door to the aircraft’s baggage compartment or the size of the aircraft’s baggage compartment is not large enough to accommodate the mobility aid;

  • (b) it would jeopardize aircraft airworthiness; or

  • (c) the weight or size of the mobility aid exceeds the capacity of the lift or ramp.

Marginal note:Refused transportation — trains

 A rail carrier may refuse to transport a person’s mobility aid if

  • (a) the doorways and turning radii of every passenger rail car and the doors of every baggage car are not large enough to accommodate the mobility aid;

  • (b) the weight or size of the mobility aid exceeds the capacity of the lift or ramp; or

  • (c) the person must remain in the mobility aid in order to board the train and the combined weight of the person and the mobility aid exceeds the capacity of the lift or ramp.

Marginal note:Refused transportation — ferries

 A marine carrier may refuse to transport a person’s mobility aid if

  • (a) the weight or size of the mobility aid exceeds the capacity of the gangway or ramp; or

  • (b) the person must remain in the mobility aid in order to board the ferry and the combined weight of the person and the mobility aid exceeds the capacity of the gangway or ramp.

Marginal note:Refused transportation — buses

 A bus carrier may refuse to transport a person’s mobility aid if

  • (a) the size of the door to the bus’s baggage compartment or the size of the bus’s baggage compartment is not large enough to accommodate the mobility aid;

  • (b) the weight or size of the mobility aid exceeds the capacity of the baggage compartment or of the lift, ramp or bridge plate; or

  • (c) the person must remain in the mobility aid in order to board the bus and the combined weight of the person and the mobility aid exceeds the capacity of the lift, ramp or bridge plate.

Marginal note:Explanation of refusal and alternatives

 If a carrier refuses to transport the mobility aid of a person with a disability, the carrier must

  • (a) at the time of the refusal, inform the person of the carrier’s reasons for refusal and, not later than 10 days after the day of the refusal, provide the person with a written notice setting out the reasons for the refusal; and

  • (b) advise the person of the availability of alternative trips that are provided by the carrier to the same destination and on which the mobility aid will not be refused for transport, and offer to book any such alternative trip for the person at the lesser of the fare for the original trip and the fare for the alternative trip.

Marginal note:Small assistive devices

 A carrier must permit a person with a disability to bring on board and to retain any small assistive device that the person needs during travel, including a cane, crutches, a communication device, an orthotic positioning device or a portable oxygen concentrator.

Transportation of Support Persons

Marginal note:Duty to transport

  •  (1) A carrier must, on the request of a person with a disability, accept a support person for transport if, because of the nature of their disability, the person, after departure and before arrival, needs

    • (a) assistance with eating meals, taking medication, using the washroom;

    • (b) assistance with transferring to and from a passenger seat;

    • (c) assistance with orientation or communication; or

    • (d) physical assistance in the event of an emergency, including in the case of an evacuation or decompression.

  • Marginal note:Adjacent passenger seat

    (2) The carrier must provide a passenger seat for the support person that is adjacent to the passenger seat of the person with a disability.

 
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