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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 2Rail Carriers (continued)

Technical Requirements (continued)

Marginal note:Pre-existing train

  •  (1) If a pre-existing train referred to in subsection 87(4) has an on-board entertainment system that does not offer closed captioning and audio description, the train 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 device

    (2) The personal electronic devices must be pre-loaded with — or the train 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:Standard cabin

  •  (1) A cabin on a train, other than a wheelchair-accessible cabin, must be equipped with

    • (a) operating controls that meet the requirements set out in clause 4.2 of CSA B651-18, except clause 4.2.2;

    • (b) doors that meet the requirements set out in clause 5.2 of CSA B651-18, except clauses 5.2.1, 5.2.2 and 5.2.9.2 and except that the reference to “clause 4.2” in clause 5.2.7.1(a) must be read as excluding clause 4.2.2; and

    • (c) at least two call buttons or two other devices for signalling an emergency that

      • (i) are located such that at least one is not more than 450 mm above the floor, and at least one other is 800 mm to 1,100 mm above the floor,

      • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and

      • (iii) are operable using minimal force.

  • Marginal note:Protruding objects

    (2) If there are objects that protrude more than 100 mm from the wall in a standard cabin, the objects must be cane-detectable at or below 680 mm from the floor or their undersides must be at a height of at least 2,030 mm from the floor.

Marginal note:Wheelchair-accessible cabin

 A wheelchair-accessible cabin on a train must

  • (a) have a clear floor area that meets the requirements set out in clause 4.1(b) of CSA B651-18;

  • (b) be equipped with operating controls that meet the requirements set out in clause 4.2 of CSA B651-18;

  • (c) meet the requirements set out in clause 4.4.2 of CSA B651-18;

  • (d) be equipped with an entry door that is identified by the International Symbol of Access and meets the requirements set out in clause 5.2 of CSA B651-18;

  • (e) be equipped with at least two call buttons or two other devices for signalling an emergency that meet the requirements of paragraph 118(1)(c); and

  • (f) be adjacent to a wheelchair-accessible washroom or have a path of travel adjacent to the cabin that is accessible to persons with disabilities and that provides access to a wheelchair-accessible washroom.

Marginal note:Mandatory wheelchair-accessible cabin

 A train that has cabins must have at least two wheelchair-accessible cabins that are adjacent to each other.

Marginal note:Standard shower facilities

 A shower facility on a train, other than a wheelchair-accessible shower facility, must meet the requirements set out in clause 6.5 of CSA B651-18, except clauses 6.5.5.1, 6.5.5.2 and 6.5.5.3(c)(i) and except that the reference to “clause 4.2” in clause 6.2.3.3(a) must be read as excluding clause 4.2.2.

Marginal note:Wheelchair-accessible shower facility

 A wheelchair-accessible shower facility on a train must

  • (a) meet the requirements set out in clause 6.5 of CSA B651-18 except clauses 6.5.5.1 and 6.5.5.2;

  • (b) have an interior clear area of at least 900 mm by 1,500 mm;

  • (c) have a clear floor area in front of the shower entrance of at least 900 mm by 1,500 mm, with the 1,500 mm dimension parallel to the shower entrance; and

  • (d) be located near to a wheelchair-accessible cabin.

Marginal note:Mandatory wheelchair-accessible shower facility

 A train that has a standard shower facility must also have at least one wheelchair-accessible shower facility.

Marginal note:Interior door and doorway

  •  (1) An interior door and doorway on a train must meet the requirements set out in clauses 5.2.1 and 5.2.6 to 5.2.8 of CSA B651-18.

  • Marginal note:Requirements

    (2) An interior door must

    • (a) in the case of an automatic or semi-automatic door, incorporate devices that prevent the door from closing while a person is in the doorway and, in the case of an automatic door that connects rail cars, open and close the door automatically on detecting the movement of a person toward or away from the door;

    • (b) be marked with visual indicators if 75% of the door’s surface is composed of a transparent material;

    • (c) in the case of a door to an enclosed space in an area that has no other exit doors, have a safety mechanism that is not a deadbolt and is capable of being manipulated from the outside; and

    • (d) in the case of a door that is intended for use by a person using a mobility aid, meet the requirements set out in clauses 4.2.2 and 5.2.2 of CSA B651-18.

Marginal note:Exterior door

 An exterior door on a train must

  • (a) meet the requirements set out in clause 5.2.1 of CSA B651-18;

  • (b) have a handrail

    • (i) on each side of the door, fitted internally as close as is feasible to the outer wall of the rail car, or

    • (ii) on only one side of

      • (A) a doorway that is fitted with a device for boarding or disembarking, such as a lift, or

      • (B) a trap door to which stairs are attached; and

  • (c) if the door is intended to be used by a person using a mobility aid, meet the requirements set out in clauses 5.2.2(a) and (b) of CSA B651-18.

Marginal note:Handrails

 Handrails on a train must meet the requirements set out in clauses 5.3.1 and 5.3.2 of CSA B651-18.

Marginal note:Floors

 The floors of a train 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 a train 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:Operating controls

 Operating controls on a train must

  • (a) meet the requirements set out in clauses 4.2.1, 4.2.3 to 4.2.6 and 4.2.8 of CSA B651-18; and

  • (b) if they are intended to be used by a person using a wheelchair, meet the requirements set out in clause 4.2.2 of CSA B651-18.

Marginal note:Signage

  •  (1) Signage on a train, other than a menu display board referred to in section 113, 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:Elevator

 If a train is equipped with an elevator, the elevator must meet the requirements set out in clause 5.6.1 of CSA B651-18.

Marginal note:Alarm system

 If a train is equipped with an alarm system, including in a cabin, the alarm system must consist of both a visual alarm and an audible alarm. A visual alarm must meet the requirements set out in clause 5.7.1 of CSA B651-18.

Marginal note:Maintenance

  •  (1) A train 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.

  • 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 3Marine Carriers

Application

Marginal note:Marine carriers

 Unless otherwise specified, this Division applies to every marine carrier that provides a service for the transportation of passengers between two or more provinces or from a point of origin in Canada to a point of destination in a foreign country if

  • (a) the service is provided by means of a ferry of 1,000 gross tonnage or more; and

  • (b) the carrier offers on-board services to passengers.

Marginal note:Pre-existing ferries

  •  (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 143, 144, 153, 164 and 178, do not apply to a pre-existing ferry.

  • Marginal note:Clarification — portable equipment

    (2) Sections 138, 140 and 142 apply to a pre-existing ferry with respect to any step box, ramp, gangway or stairs that are portable and not integrated with the pre-existing ferry.

  • 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 ferry, 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 ferry or of the amenity or equipment are unalterable;

    • (b) the structural integrity or safe operation of the ferry 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 ferry

    (4) In this section, a pre-existing ferry means a ferry 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 ferry before that day.

Marginal note:Non-application — temporary leases

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

Technical Requirements

Marginal note:Duty of carrier

 A carrier must ensure that any ferry 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.

Marginal note:Step box

 A step box that is used to assist a person with a disability to board or disembark from a ferry must

  • (a) be of sound construction;

  • (b) have a tread surface that is firm and slip-resistant;

  • (c) have a glare-free surface; and

  • (d) have a top outer edge that is marked by a contrasting colour strip that runs the full width of the box.

Marginal note:Mandatory step box

 A ferry must be equipped with a step box if the riser height of the first or last step of any stairs that are used by passengers to board or disembark is greater than the riser height of the other steps.

The following provision is not in force.

Marginal note:Ramp or gangway

 A ramp or gangway that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a ferry 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.

The following provision is not in force.

Marginal note:No level boarding

 If a ferry terminal does not permit level boarding of a ferry, the ferry must have a vehicle deck that is used for the boarding and disembarking of passengers or be equipped with a ramp or gangway.

Marginal note:Stairs

  •  (1) Any stairs that are used to board or disembark from a ferry, and any interior stairs on a ferry, 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 ferry.

 
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