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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 3Technical Requirements Applicable to Carriers (continued)

DIVISION 1Air Carriers (continued)

Technical Requirements

Marginal note:Duty of carrier

 A carrier must ensure that any aircraft that it owns, operates or leases and any related facilities, including any amenities and equipment used in them, meet the requirements set out in this Division.

The following provision is not in force.

Marginal note:Lift

 A lift that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft must

  • The following provision is not in force.

    (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and

  • The following provision is not in force.

    (b) be capable of supporting a minimum weight of 363 kg.

The following provision is not in force.

Marginal note:Ramp

 A ramp that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft must

  • The following provision is not in force.

    (a) have a contrasting colour strip that runs the full width of its bottom edge;

  • The following provision is not in force.

    (b) have raised edges to prevent a mobility aid from rolling off the edge of the ramp;

  • The following provision is not in force.

    (c) have a slip-resistant surface; and

  • The following provision is not in force.

    (d) be capable of supporting a minimum weight of 363 kg.

Marginal note:Stairs

  •  (1) Any stairs that are used to board or disembark from an aircraft, and any interior stairs on an aircraft, must

    • (a) meet the requirements set out in clauses 5.4.1 and 5.4.2 of CSA B651-18;

    • (b) have handrails that

      • (i) are located on both sides of the stairs,

      • (ii) are located at a uniform height of 860 mm to 920 mm, measured vertically from the leading edge of the tread, and

      • (iii) meet the requirements set out in clause 5.3.1 of CSA B651-18; and

    • (c) have tactile attention indicator surfaces that

      • (i) meet the requirements set out in clauses 4.3.5.2(a) and (b), 4.3.5.3.1 and 4.3.5.3.4 of CSA B651-18,

      • (ii) are located at the top of the stairs, and

      • (iii) commence one tread length before the top of the stairs, extend the full width of the stairs and measure from 600 mm to 650 mm in length.

  • Marginal note:Delayed application — portable stairs

    (2) For a period of two years beginning on the day on which this section comes into force, subsection (1) does not apply in respect of stairs that are portable and not integrated with the aircraft.

Marginal note:On-board wheelchair

 An on-board wheelchair that is available on an aircraft must have

  • (a) footrests, movable armrests, an occupant restraint device and wheel locks;

  • (b) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a passenger seat; and

  • (c) a seat of a width that permits the wheelchair to be safely and easily manoeuvred on board the aircraft.

Marginal note:Mandatory on-board wheelchair

 At least one on-board wheelchair must be available on an aircraft that has a wheelchair-accessible washroom.

Marginal note:Passenger seats

 Passenger seats on an aircraft must be equipped with

  • (a) movable armrests on at least 50% of the seats, which seats are evenly distributed throughout the aircraft; and

  • (b) a call button that is

    • (i) tactilely discernible and colour-contrasted with its background, and

    • (ii) operable using minimal force.

Marginal note:Tactile row markers

 Aircraft must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of passenger seats and above the armrests or adjacent to the mechanisms for opening overhead bins.

Marginal note:Passenger safety features cards

 An aircraft must have available on board

  • (a) at least five passenger safety features cards that are in large print and at least five passenger safety features cards that are in Braille; or

  • (b) at least one electronic device that provides passenger safety information in an audio and visual format and permits a person with a disability to adjust the volume of the audio output and the size of the font.

Marginal note:Standard washroom

 A washroom on an aircraft, other than a wheelchair-accessible washroom, must have

  • (a) doors that are equipped with handles, pulls, latches, locks and other devices that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist;

  • (b) toilets that

    • (i) are equipped with an automated flush control or a flush control that is operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and

    • (ii) have a back support if the toilet has no seat lid;

  • (c) faucets that are equipped with

    • (i) handles or other controls that are tactilely discernible unless the water temperature is fixed to eliminate the risk of scalding,

    • (ii) in the case of non-automated faucets, handles or other controls that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and

    • (iii) in the case of automated faucets, a water activation motion sensor that turns the water on automatically when a hand is below the faucet;

  • (d) grab bars that

    • (i) are located on a wall beside the toilet,

    • (ii) are rounded, slip-resistant and free of any sharp or abrasive elements,

    • (iii) have an exterior diameter and a clearance from the wall surface to which they are attached that permit them to be easily grasped, and

    • (iv) are capable of supporting a minimum weight of 113.4 kg;

  • (e) toilet paper dispensers that are located so as to not interfere with the use of the grab bars;

  • (f) soap dispensers that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist; and

  • (g) at least one call button or other device for signalling an emergency that

    • (i) is colour-contrasted with its background and identified by tactile and Braille signage, and

    • (ii) is operable using minimal force.

Marginal note:Wheelchair-accessible washroom

 A wheelchair-accessible washroom on an aircraft must meet the requirements set out in section 77 and must

  • (a) have a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using an on-board wheelchair;

  • (b) have sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet;

  • (c) have sufficient privacy, including with the use of retractable curtains or walls, to allow a support person or service dog to remain in the washroom with a person using the on-board wheelchair; and

  • (d) be equipped with faucets that are positioned to be easily usable by a person using an on-board wheelchair.

Marginal note:Mandatory wheelchair-accessible washroom

 Every washroom on an aircraft must be a wheelchair-accessible washroom, unless the washroom does not have

  • (a) a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using an on-board wheelchair; and

  • (b) sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet.

Marginal note:On-board entertainment system

 An on-board entertainment system on an aircraft must be equipped to permit a person with a disability to

  • (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and

  • (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description, change the language of choice, control the volume and select channels

    • (i) through an interface that meets the requirements for an interface that are set out in Web Content Accessibility Guidelines, or

    • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Marginal note:Pre-existing aircraft

  •  (1) If a pre-existing aircraft referred to in subsection 66(4) has an on-board entertainment system that does not offer closed captioning and audio description, the aircraft must be equipped with personal electronic devices in a number that is sufficient to accommodate the number of persons with disabilities who have made a request for such a device.

  • Marginal note:Personal electronic devices

    (2) The personal electronic devices must be pre-loaded with — or the aircraft must provide wireless streaming of — entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content.

Marginal note:Floors

 The floors of an aircraft must meet the requirements set out in clauses 4.3.1 to 4.3.3 of CSA B651-18.

Marginal note:Tactile attention indicator surfaces

 Tactile attention indicator surfaces on an aircraft must

  • (a) be located at the top of stairs and at any other location where there is an unprotected drop-off edge and a change in elevation greater than 250 mm or where the ratio of the slope to surface is steeper than 1:3; and

  • (b) meet the requirements set out in clauses 4.3.5.2(a) and (b), 4.3.5.3.1 and 4.3.5.3.4 of CSA B651-18.

Marginal note:Signage

  •  (1) Signage on an aircraft must

    • (a) indicate any services, facilities, amenities or equipment that are offered and the direction to follow in order to access them;

    • (b) be positioned to avoid shadow areas and glare and have a glare-free surface;

    • (c) be colour-contrasted with its background; and

    • (d) except in the case of electronic signage, meet the requirements set out in clauses 4.5.3 to 4.5.7 of CSA B651-18.

  • Marginal note:Electronic signage

    (2) Electronic signage must

    • (a) have letters, numbers, symbols and pictographs that slowly scroll across the screen and are colour-contrasted with their background but are not in red on a black background; and

    • (b) meet the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

Marginal note:Maintenance

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

  • 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.

DIVISION 2Rail Carriers

Application

Marginal note:Rail carriers

 Unless otherwise specified, this Division applies to every rail carrier that provides a service for the transportation of passengers

  • (a) between three or more provinces; or

  • (b) between three or more provinces and from a point of origin in Canada to a point of destination in a foreign country.

Marginal note:Pre-existing trains

  •  (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 97, 98, 108 and 117, do not apply to a pre-existing train.

  • Marginal note:Clarification — portable equipment

    (2) Sections 90 to 93 apply to a pre-existing train with respect to any step box, lift or ramp that is portable and not integrated with the pre-existing train.

  • Marginal note:Modifications

    (3) If a carrier 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 train, the carrier must ensure that the modified amenity or equipment meets the requirements of this Division, except in the following circumstances:

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

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

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

  • Marginal note:Definition of pre-existing train

    (4) In this section, a pre-existing train means a train that was

    • (a) purchased or leased by the carrier before the day on which this section comes into force; or

    • (b) purchased or leased by the carrier on or after the day on which this section comes into force, if the carrier submitted the call for tenders in respect of that train before that day.

Marginal note:Non-application — temporary leases

 This Division does not apply in respect of a train that is leased by a carrier on a short-term basis in order to respond to an emergency or to replace a train that requires repairs due to an unforeseen mechanical failure.

 
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