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

Regulations are current to 2020-07-28 and last amended on 2020-06-25. Previous Versions

PART 3Technical Requirements Applicable to Carriers (continued)

DIVISION 1Air Carriers (continued)

Technical Requirements (continued)

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 and 96 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.

Technical Requirements

Marginal note:Duty of carrier

 A carrier must ensure that any train that it owns, operates or leases and any related facilities, including any amenities and equipment used in them, meet the requirements of 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 train 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 rail car 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: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 a train 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 a train 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 rail terminal does not permit level boarding of a train and there is no lift or ramp available at the rail terminal, the train must be equipped with a lift or ramp.

The following provision is not in force.

Marginal note:Other stops

 If a train makes a stop at any place that is not at a terminal and where passengers are permitted to board and disembark, the train must be equipped with a lift or ramp.

Marginal note:Stairs

 Any stairs that are used to board or disembark from a train, and any interior stairs on a train, 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 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.

The following provision is not in force.

Marginal note:On-board wheelchair

 An on-board wheelchair that is available on a train must have

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

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

The following provision is not in force.

Marginal note:Mandatory on-board wheelchairs

 A train must have available on-board wheelchairs in a number that is equal to at least half of the sum of the number of mobility aid spaces on the train and the number of wheelchair-accessible cabins on the train.

Marginal note:Accessible path of travel

  •  (1) A path of travel on a train 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(a) to (d) 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.

 
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