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

Marginal note:Pre-existing ferries

• 135 (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

136 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

137 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

138 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

139 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.

Marginal note:Ramp or gangway

140 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

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

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

• (c) have a slip-resistant surface; and

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

Marginal note:No level boarding

141 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

• 142 (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.

Marginal note:On-board wheelchair

143 An on-board wheelchair that is available on a ferry must have footrests and wheel locks.

Marginal note:Mandatory on-board wheelchair

144 At least one on-board wheelchair must be available on each deck of a ferry, except a deck that is not accessible to a person using a wheelchair.

Marginal note:Accessible paths of travel

• 145 (1) A path of travel on a ferry is accessible to persons with disabilities if it meets the requirements set out in subsections (2) and (3) and in clauses 4.4.2, 5.1.1 and 5.1.2 of CSA B651-18.

• Marginal note:Hall, path or turning space

  (2) If access to the path of travel from an exterior door requires passage through a hall or path or requires a 90-degree or similar turn, then that hall, path or turning space must have a minimum clear width of 1,115 mm and a minimum clear diameter of 1,500 mm.

• Marginal note:Aisle width

  (3) The aisle width between passenger seats must be sufficient to accommodate an on-board wheelchair.

Marginal note:Mandatory accessible path of travel

146 Every path of travel that is on a ferry and that is intended for use by passengers must be a path of travel that is accessible to persons with disabilities.

Marginal note:Passenger seats

147 Passenger seats on a ferry must be equipped with

• (a) movable armrests on at least 10% of the seats, which seats are evenly distributed throughout each passenger seating area, except a food service area or lounge area; and

• (b) if there are call buttons, call buttons that are

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

  • (ii) operable using minimal force.

Marginal note:Tactile row markers

148 If a marine carrier offers assigned passenger seats to passengers, the assigned passenger seats must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of the seats and above the armrests.

Marginal note:Mobility aid space

149 A mobility aid space on a ferry must

• (a) have a clear floor area of at least 815 mm by 1,650 mm;

• (b) be positioned such that a person using a mobility aid has adequate manoeuvring space to enter it; and

• (c) have a table or counter that meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Marginal note:Transfer seat

150 A transfer seat on a ferry must be equipped with a table or counter for food service.

Marginal note:Mandatory mobility aid space and transfer seat

• 151 (1) A ferry must, in each passenger seating area, have at least two adjacent mobility aid spaces and two adjacent transfer seats.

• Marginal note:Food service and lounge areas

  (2) A food service area or a lounge area that offers passenger seats must have at least two adjacent mobility aid spaces.

Marginal note:Storage of mobility aids

• 152 (1) Each deck of a ferry must have a space for the storage of at least one mobility aid.

• Marginal note:Protection from damage

  (2) A mobility aid must be stored on a ferry in a manner that protects it from damage, including by using an anchoring system or by placing it in an area that is not intended for use by passengers.

Marginal note:Passenger safety features cards

153 Each passenger deck of a ferry 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:Window emergency exits

154 If a ferry is equipped with a window emergency exit, the window emergency exit must be identified by a contrasting colour strip around the perimeter and by tactile and Braille signage.

Marginal note:Standard washroom

155 A washroom on a ferry, other than a wheelchair-accessible washroom, must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a) and except that

  • (i) the reference to “clause 4.2” in clause 6.2.4.1 must be read as excluding clause 4.2.2,

  • (ii) the reference to “clause 5.2” in clause 6.3.2 must be read as excluding clause 5.2.2, and

  • (iii) the reference to “clause 6.2.3” in clause 6.3.1.1(b) must be read as excluding clauses 6.2.3.1(c) and 6.2.3.1(d); and

• (b) be equipped with at least two call buttons or two other devices for signalling an emergency that

  • (i) are located such that at least one button or device is not more than 450 mm above the floor and at least one other button or device 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:Wheelchair-accessible washroom

156 A wheelchair-accessible washroom on a ferry must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a);

• (b) provide a clear area of at least 1,500 mm by 1,500 mm; and

• (c) be equipped with at least two call buttons or two other devices for signalling an emergency that meet the requirements set out in paragraph 155(b).

Marginal note:Mandatory wheelchair-accessible washroom

157 If a deck, a food service area or a lounge area of a ferry has one or more washrooms, at least one of them must be a wheelchair-accessible washroom.

Marginal note:Menu display board

158 A menu display board in a food service area on a ferry must

• (a) be positioned at a height that allows it to be easily seen by a person using a wheelchair;

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

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

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