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

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canada Transportation Act. (Loi)

  assistive device

  assistive device means any medical device, mobility aid, communication aid or other aid that is specially designed to assist a person with a disability with a need related to their disability. (dispositif d’assistance)

  barrier

  barrier[Repealed, SOR/2019-244, s. 238]

  CATSA

  CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

  CBSA

  CBSA means the Canada Border Services Agency established under subsection 3(1) of the Canada Border Services Agency Act. (ASFC)

  CSA B651-18

  CSA B651-18 means the National Standard of Canada CAN/CSA B651-18, entitled Accessible design for the built environment, published in November 2018 by the Canadian Standards Association, as amended from time to time. (norme CAN/CSA B651-18)

  curbside zone

  curbside zone means an area that is located outside of a terminal where passengers are picked up or dropped off and that is owned, operated, leased or otherwise controlled by the terminal operator. (aire d’arrêt minute)

  disability

  disability[Repealed, SOR/2019-244, s. 238]

  ferry

  ferry means a vessel that is used for the transportation of passengers and that operates on a fixed schedule between two or more points. (traversier)

  mobility aid

  mobility aid means any manual or electric wheelchair, scooter, boarding chair, walker, cane, crutch, prosthesis or other aid that is specially designed to assist a person with a disability with a need related to mobility. (aide à la mobilité)

  personnel

  personnel, in respect of a carrier, a terminal operator, CATSA or the CBSA, means

  • (a) any employees of that carrier or terminal operator or of CATSA or the CBSA, as the case may be;

  • (b) any persons, except a travel agency, that have entered into an agreement or arrangement with that carrier or terminal operator or with CATSA or the CBSA, as the case may be, to provide services on their behalf; and

  • (c) any employees of the persons referred to in paragraph (b). (personnel)

  service dog

  service dog means a dog that has been individually trained by an organization or person specializing in service dog training to perform a task to assist a person with a disability with a need related to their disability. (chien d’assistance)

  support person

  support person means a person referred to in subsection 50(1) whose assistance is needed by a person with a disability. (personne de soutien)

  terminal

  terminal means an airport, a railway station, a ferry terminal or a bus station, or a port that permits the mooring of cruise ships, and any related facilities, whether inside or outside of the terminal, including any amenities or equipment used in a terminal or in its related facilities, such as washrooms, waiting or rest areas, boarding platforms, curbside zones and parking. (gare)

  terminal operator

  terminal operator means a person that owns, operates or leases a terminal. (exploitant de gare)

  transportation-related service or facility

  transportation-related service or facility means any service or facility, including any amenity or equipment used in a facility, that is related to the transportation of passengers within the transportation network. (service ou installation liés au transport)

  Web Content Accessibility Guidelines

  Web Content Accessibility Guidelines means the World Wide Web Consortium Recommendation, dated December 2008, entitled Web Content Accessibility Guidelines (WCAG) 2.0, published by the World Wide Web Consortium (W3C), as amended from time to time. (Règles pour l’accessibilité des contenus Web)

• Marginal note:Interpretation of document incorporated by reference

  (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

• (3) [Repealed, SOR/2019-244, s. 238]

Marginal note:Interpretation — no effect on existing legal obligations

2 For greater certainty, nothing in these Regulations is to be construed as

• (a) limiting the duty to accommodate under the Canadian Human Rights Act or any other Act of Parliament; or

• (b) requiring any person to do anything that jeopardizes security, public health or public safety.

Marginal note:Interpretation — treatment with dignity

2.1 These Regulations are to be interpreted as requiring that persons with disabilities be treated with dignity.

PART 1Requirements Applicable to Transportation Service Providers

Application

Marginal note:Carriers, terminal operators, CATSA and CBSA

• 3 (1) This Part applies to the following entities (each of which is referred to in this Part as a “transportation service provider”):

  • (a) every carrier to which Part 3 applies;

  • (b) every terminal operator to which Division 1 of Part 4 applies;

  • (c) CATSA; and

  • (d) the CBSA.

• Marginal note:Application of paragraph 5(a)

  (2) Paragraph 5(a) applies to every carrier to which Part 2 applies and every terminal operator to which Division 2 of Part 4 applies, in addition to the entities mentioned in paragraphs (1)(a) to (d).

Communication of Information to Persons with Disabilities

Marginal note:General information — alternative formats

• 4 (1) If a transportation service provider makes available to the public information about any transportation-related service or facility, the transportation service provider must ensure that

  • (a) if the information is made available in an electronic format, the format is compatible with adaptive technology that is intended to assist persons with disabilities;

  • (b) if the information is made available only in a paper format, it is made available, on request, in large print, in Braille or in an electronic format;

  • (c) if the information is made available in an audio format, it is made available, on request, in a visual format; and

  • (d) if the information is made available in a visual format, it is made available, on request, in an audio format.

• Marginal note:Timing

  (2) If a person with a disability makes a request referred to in any of paragraphs (1)(b) to (d), the transportation service provider must provide the information in the requested format without delay.

Marginal note:Information to be published

• 5 (1) A transportation service provider must publish the following information in electronic format on its website, or in another format if it does not have a website:

  • (a) a notice that it is subject to these Regulations and the provisions of these Regulations that apply to it;

  • (b) the services that it offers to persons with disabilities and any conditions that apply to those services; and

  • (c) the complaint resolution services that it offers and how a passenger may access those services.

• Marginal note:Clarification

  (2) For greater certainty, the requirements of section 4 apply to a notice referred to in paragraph (1)(a) and complaint resolution services referred to in paragraph (1)(c).

Marginal note:Communication

6 A transportation service provider must ensure that members of personnel who interact with passengers in the course of carrying out their functions take in account the following when communicating with a person with a disability:

• (a) the nature of the person’s disability, particularly if the person is blind or deaf or has any other visual or hearing impairment or if the person has a communication impairment;

• (b) whether the person uses an assistive device to assist them to hear, see or communicate; and

• (c) whether there are methods of communication that may be used by the person or that may facilitate communication with the person, such as an augmentative or alternative communication system, sign language or clear, concise and plain language.

Marginal note:Telephone system

7 If a transportation service provider makes a telephone number available to the public that may be used to make travel reservations or obtain information about the provider’s transportation-related services or facilities, it must

• (a) offer to persons who are deaf or have any other hearing impairment, or who have a communication impairment, the option of doing those things by means of an email or a third party’s telephone relay or video relay service; and

• (b) publish, in every instance that it publishes a telephone number that may be used to do those things, along with that telephone number, a description of how a person may access the services referred to in paragraph (a), including the transportation service provider’s email address and the third party’s telephone number for telephone relay or video relay service.

Marginal note:Website

8 If a transportation service provider makes a website available to the public that may be used to access a client account, travel itinerary, travel schedule or trip status, to obtain contact information for the transportation service provider, to make or modify a reservation or to check in, it must

• (a) offer to persons with disabilities the option of doing those things by means of a communication system that does not require the use of a website, such as by means of a telephone, an email or a third party’s telephone relay or video relay service; and

• (b) publish, in every instance that it publishes the address of the website that may be used to do those things, along with that website address, a description of how a person may access the services referred to in paragraph (a), including the transportation service provider’s telephone number and email address and the third party’s telephone number for telephone relay or video relay service.

Marginal note:Website — requirements

9 A transportation service provider must ensure that every website, mobile website and application that it owns, operates or controls and that is made available to the public meets the requirements for a Level AA conformance that are set out in the Web Content Accessibility Guidelines.

Marginal note:Public announcements inside terminals

• 10 (1) A carrier must ensure that any public announcement relating to a departure or a gate or track assignment that is made for passengers waiting at a boarding area inside a terminal is made in an audio format and in a visual format.

• Marginal note:Public announcement — safety or security

  (2) If a transportation service provider makes any public announcement relating to safety or security inside a terminal, they must make that announcement in an audio and visual format.

Marginal note:Automated self-service kiosks

• 11 (1) If a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk that is available for public use in a terminal, or owns, operates or controls the software components of such a kiosk, the transportation service provider must ensure that the hardware components or the software components, as the case may be, meet the requirements set out in clauses 1.4 and 3 to 7 and Annexes B and C, excluding the notes accompanying those clauses, of the National Standard of Canada CAN/CSA-B651.2-07 (R2017), entitled Accessible design for self-service interactive devices, published in January 2007 by the Canadian Standards Association, as amended from time to time.

• Marginal note:Requirements

  (2) If a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk referred to in subsection (1), the transportation service provider must ensure that the kiosk is visually and tactilely discernible by an International Symbol of Access that is affixed to the front of it.

Marginal note:Temporary application

12 For a period of two years beginning on the day on which this section comes into force, if a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk that is available for public use in a terminal and meets the requirements of section 11, that kiosk must be marked with signage that specifies that persons with disabilities have priority access.

Marginal note:Assistance with use of self-service kiosks

13 A transportation service provider must, on the request of a person with a disability, assist the person, without delay, to use any automated self-service kiosk referred to in section 11.

Marginal note:Accessible self-service kiosks

• 14 (1) A transportation service provider must ensure that any automated self-service kiosk referred to in section 11 is in good working order and is properly maintained.

• Marginal note:Repairs

  (2) If the automated self-service kiosk is not in good working order, the transportation service provider must ensure that it is repaired as soon as possible and, until it is repaired, the transportation service provider must provide the following services to a person with a disability:

  • (a) directing the person to the nearest working automated self-service kiosk that offers the same service as that provided by the kiosk that is not in good working order and, on the request of the person, assisting the person in using that kiosk; or

  • (b) permitting the person to advance to the front of the line at a counter where they will be provided the same service as that provided by the automated self-service kiosk that is not in good working order.

Personnel Training for the Assistance of Persons with Disabilities

Marginal note:Application

15 A transportation service provider must ensure that members of personnel receive the training that is required under sections 16 to 19.

Marginal note:Interaction with public, etc.

• 16 (1) If a member of personnel may be required to interact with the public or to participate in making decisions or in developing policies or procedures in relation to the requirements of these Regulations, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training with respect to the requirements of these Regulations and the policies and procedures of the transportation service provider with respect to persons with disabilities.

• Marginal note:Contents of training

  (2) The training referred to in subsection (1) must provide an adequate level of knowledge in respect of

  • (a) the following principles:

    • (i) the principle that all persons must be treated with dignity regardless of their disabilities,

    • (ii) the principle that all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities or of how their disabilities interact with their personal and social characteristics,

    • (iii) the principle that all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities, and

    • (iv) the principle that all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities;

  • (b) the different types of barriers that may hinder equal access to transportation services for persons with disabilities;

  • (c) the various types of assistance that may be needed by persons with disabilities and the duties of the transportation service provider in relation to those needs, including

    • (i) the type of assistance that they must provide to persons with disabilities, and

    • (ii) the assistive devices that are commonly used by persons with disabilities and the methods of communication that may be used by, or may facilitate communication with, persons with disabilities, such as an augmentative or alternative communication system, sign language or clear, concise and plain language;

  • (d) communication with persons with disabilities in accordance with section 6 and how to interact with them in a manner that respects their autonomy and dignity;

  • (e) the role of a support person; and

  • (f) the role and needs of a service dog.

Marginal note:Physical assistance

17 If a member of personnel may be required to provide physical assistance to a person with a disability in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training on how to

• (a) seek information from the person with respect to their preferred method of assistance and any other measures they may require to ensure their safety and their comfort;

• (b) manoeuvre mobility aids through doors and on irregular and multi-level surfaces, steps, curbs and elevators;

• (c) transfer the person between their own mobility aid and a mobility aid provided by the transportation service provider and between a mobility aid and the person’s passenger seat, including performing appropriate lifting techniques to perform various types of transfers of the person with maximum consideration for their dignity, safety and comfort;

• (d) guide and orient a person whose impairment affects their mobility; and

• (e) assist a person who has limitations in balance, agility or coordination that affect their mobility.

Marginal note:Handling mobility aids

18 If a member of personnel may be required to handle mobility aids in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training with respect to

• (a) the different types of mobility aids; and

• (b) the requirements and appropriate methods for transporting and storing mobility aids, including the disassembling, packaging, unpackaging and reassembling of mobility aids.

Marginal note:Using or assisting with special equipment

• 19 (1) If a member of personnel may be required to use, or to assist a person with a disability in using, any special equipment in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge and skills to carry out those functions.

• Marginal note:Definition of special equipment

  (2) In this section, special equipment includes

  • (a) a telecommunication device for persons who are deaf or who have any other hearing impairment;

  • (b) a lift, a ramp and any other level-change device;

  • (c) an on-board electrical power supply;

  • (d) a device for the connection of on-board auxiliary respirator systems;

  • (e) an on-board entertainment system that is accessible to persons with disabilities; and

  • (f) an automated self-service kiosk that is accessible to persons with disabilities.

Marginal note:Initial training — timeline

• 20 (1) A transportation service provider must ensure that a member of personnel has completed training suitable to the requirements of their functions within 60 days after the day on which that member assumes those functions.

• Marginal note:Supervision of untrained personnel

  (2) Until a member of personnel has completed the training that is suitable to the requirements of their functions, the transportation service provider must ensure that they carry out their functions under the direct supervision of a person who has completed that training.

Marginal note:Refresher training

21 A transportation service provider must ensure that members of personnel who have received training that is required by this Part also receive, at least once every three years, refresher training that is suitable to the requirements of their functions.

Marginal note:Duty to inform personnel

22 If a transportation service provider introduces any new policy, procedure or technology with respect to persons with disabilities or offers any new transportation-related service or facility to assist persons with disabilities, the transportation service provider must, as soon as feasible, inform members of personnel of that new information, unless it is not relevant to the requirements of their functions.

Marginal note:Preparation of training programs

• 23 (1) A transportation service provider must implement and maintain each training program for members of personnel in accordance with the following requirements:

  • (a) the training program must include the information set out in Schedule 1;

  • (b) the training program must be available for inspection by the Agency; and

  • (c) any new information that is referred to in section 22 must be incorporated in the training program as soon as feasible.

• Marginal note:Consultation

  (2) A transportation service provider must consult persons with disabilities in the development of each training program and the principal teaching methods.

• Marginal note:Information about training program

  (3) A transportation service provider must, as soon as feasible, make available any information about a training program that is set out in Schedule 1, except any personal information or confidential business information, to any person who requests that information.

PART 2Service Requirements Applicable to Carriers

Interpretation

Marginal note:Definitions

24 The following definitions apply in this Part.

licensee

licensee has the same meaning as in subsection 55(1) of the Act. (licencié)

severe allergy

severe allergy means an allergy to an allergen that may cause a person to experience significant physical distress if they are directly exposed to the allergen. (allergie grave)

Application

Marginal note:Air, rail, marine and bus carriers

• 25 (1) Unless otherwise specified, this Part applies to

  • (a) every large air carrier that provides a service for the transportation of passengers

    • (i) between points within Canada,

    • (ii) from a point of origin in Canada to a point of destination in a foreign country, or

    • (iii) from a point of origin in a foreign country to a point of destination in Canada;

  • (b) every rail carrier that provides a service for the transportation of passengers

    • (i) between three or more provinces,

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

    • (iii) from a point of origin in a foreign country to a point of destination in three or more provinces;

  • (c) every marine carrier that provides a service for the transportation of passengers between two or more provinces or between Canada and a foreign country if

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

    • (ii) the carrier offers on-board services to passengers; and

  • (d) every bus carrier that provides a service for the transportation of passengers between two or more provinces and from a point of origin in Canada to a point of destination in a foreign country.

• Marginal note:Definition of large air carrier

  (2) In this section, large air carrier means an air carrier that transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years.

Marginal note:Non-application of this Part

• 26 (1) If an air carrier transports a passenger between Canada and a foreign country and that trip comprises a series of flights, this Part does not apply in respect of any flight in that series except a flight in that series that departs from, or arrives in, a point in Canada.

• Marginal note:Charter flights

  (2) This Part does not apply to an air carrier in respect of a charter flight except

  • (a) a charter flight within Canada if one or more seats on that flight are purchased for resale to the public; or

  • (b) a charter flight to or from Canada if one or more passengers began their itinerary in Canada and one or more seats on that flight are purchased for resale to the public.

• Marginal note:Licensee obligations

  (3) A licensee must include the obligation to comply with these Regulations in its contracts with a charterer with respect to flights referred to in subsection (2).

Marginal note:Non-application — certain aircraft

27 The following provisions do not apply to an air carrier in respect of a transportation service provided by means of an aircraft that has a certificated maximum carrying capacity of not more than 29 passengers:

• (a) paragraph 35(k); and

• (b) if the aisle width between passenger seats is not sufficient to accommodate the use of an on-board wheelchair, paragraph 35(m).

Marginal note:Non-application — certain ferries

• 28 (1) Section 53 does not apply to a marine carrier in respect of a transportation service provided by means of a ferry if the carrier does not offer assigned passenger seats to passengers.

• Marginal note:Clarification — adjacent passenger seats

  (2) Despite subsections 50(2) and 51(4) and section 52, if a marine carrier does not offer assigned passenger seats to passengers on a ferry and a person with a disability needs a passenger seat that has an adjacent passenger seat available for their use because of the nature of their disability or for use by their support person or service dog, it is the responsibility of the person with a disability to find such a passenger seat on the ferry.

Marginal note:Non-application — certain buses

29 This Part does not apply to a bus carrier in respect of any of the following transportation services:

• (a) a transportation service provided by means of a bus that has not more than 39 passenger seats;

• (b) a transportation service that is a charter service.

Marginal note:No contravention of this Part

30 No person contravenes this Part by reason only that they fail to provide a service that is requested by a person with a disability if the service was to have been provided after the departure of the means of transportation and before its arrival at a terminal and there were no members of personnel on board who provide services to passengers other than the member of personnel who was operating the means of transportation.

No Charge for Required Services

Marginal note:Prohibition

• 31 (1) Subject to subsection (2), it is prohibited for a carrier to impose a fare or any other charge for any service that the carrier is required by this Part to provide to any person.

• Marginal note:Non-application of subsection (1)

  (2) The prohibition in subsection (1) does not apply to a carrier in respect of any service that the carrier is required to provide under section 50, 51 or 52 if that service is provided by the carrier for the purpose of a transportation service between Canada and a foreign country.

Advance Notice

Marginal note:At least 48 hours

• 32 (1) If a person with a disability makes a request for a service set out in this Part at least 48 hours before the scheduled time of departure, the carrier must provide the service.

• Marginal note:Exceptions

  (2) However, if a person with a disability makes a request for a service referred to in any of paragraphs 35(a), (b), (g), (i) to (l) and (n) to (r) or section 37 or 38 less than 48 hours before the scheduled time of departure, the carrier must provide the service.

• Marginal note:Exception — certain conditions

  (3) Subsection (1) does not apply if

  • (a) a person with a disability makes a request for a service set out in this Part, other than a service referred to in subsection (2), less than 96 hours before the scheduled time of departure;

  • (b) at the time that the request is made, the carrier informs the person that information or documents are required to permit the carrier to assess their request and the person must provide them within 48 hours; and

  • (c) either

    • (i) the person does not provide the information or documents required by the carrier within the period of 48 hours or the information and documents provided are not reasonably sufficient to permit the carrier to assess the request, or

    • (ii) the carrier is not able to complete its assessment of the request within a period of 48 hours because it includes at least one day that is not a business day.

• Marginal note:No advance notice

  (4) Despite subsections (1) and (3), the carrier must make every reasonable effort to provide a service requested by a person with a disability even if the person does not comply with a requirement set out in those subsections.

Medical Certificates and Other Information and Documents

Marginal note:Required information

• 33 (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

• 34 (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

35 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

• 36 (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

37 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

38 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

39 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

• 40 (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

• 41 (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

42 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

43 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

44 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

45 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

46 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

47 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

48 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

49 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

• 50 (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.

Transportation of Service Dogs

Marginal note:Duty to transport

• 51 (1) A carrier must, on the request of a person with a disability who needs to travel with a service dog, accept the service dog for transport and permit the animal to accompany the person on board, subject to subsection (2).

• Marginal note:Requirements

  (2) A carrier may require a person with a disability who requests to travel with a service dog to control the dog with a leash, tether or harness during travel and to provide

  • (a) at the time that the person with a disability makes the reservation with the carrier, a declaration attesting that the service dog has been individually trained by an organization or person specializing in service dog training to perform a task to assist the person with a disability with a need related to their disability; and

  • (b) before departure, an identification card or other document that is issued by an organization or person specializing in service dog training that identifies the person with a disability and attests that the service dog has been individually trained by the organization or person to perform a task to assist the person with a disability with a need related to their disability.

• Marginal note:Electronic copy

  (3) The condition in paragraph (2)(b) is met if the person has provided the card or other document referred to in that paragraph to the carrier for the purpose of a previous request for a service and the carrier has retained an electronic copy of it.

• Marginal note:Additional space for service dog

  (4) If, because of the size of the service dog, the passenger seat of the person with a disability does not provide sufficient floor space for the service dog to lie down at the person’s feet in a manner that ensures the safety and well-being of the dog and the person, the carrier must provide to the person any passenger seat adjacent to their passenger seat that is needed to provide sufficient floor space for the service dog.

Additional Passenger Seat

Marginal note:Duty to provide additional seating space

52 On the request of a person with a disability who needs more than one passenger seat because of the nature of their disability, the carrier must provide to the person any passenger seat adjacent to their passenger seat that is needed by the person.

Allergy Buffer Zone

Marginal note:Duty to establish buffer zone

• 53 (1) On the request of a person who has a disability due to a severe allergy, a carrier must ensure that a buffer zone is established around the passenger seat of the person to assist them in avoiding the risk of exposure to the allergen by taking the following measures:

  • (a) providing the person with a passenger seat that is in a bank of seats other than the bank of seats in which the source of the allergen is located and other than the bank of seats facing that bank of seats; and

  • (b) notifying the passengers who are sitting in the same bank of seats as the person that a passenger with a severe allergy is present and informing them of the allergen.

• Marginal note:Definition of bank of seats

  (2) In this section, bank of seats means passenger seats that are immediately adjacent to each other and does not include passenger seats that are across the aisle.

Communication of Information

Marginal note:Reservations — identification of needs

• 54 (1) If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must engage in a dialogue with the person for the purpose of identifying their needs in relation to their disability and the services offered by the carrier in relation to those needs.

• Marginal note:Reservations — bus

  (2) If a person with a disability identifies the nature of their disability when making a reservation with a bus carrier, the bus carrier must

  • (a) provide information about any stops and transfer points; and

  • (b) advise the person in advance if the route does not have a regularly scheduled stop at a rest stop that has a washroom that accommodates a person using a mobility aid and any support person and offer the person their choice of alternative rest stops on the route.

Marginal note:Accessible seats or cabins

55 If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must

• (a) before assigning a passenger seat or cabin to a person with a disability, inform the person of the passenger seats and cabins that are available in the class of service that the person has requested and that have equipment and facilities that best meet the accessibility needs of that person, such as a wheelchair-accessible washroom or a passenger seat that has additional leg room, a larger seat pitch or movable armrests; and

• (b) in assigning a passenger seat or cabin to a person with a disability, take into account the person’s opinion with respect to which seats or cabins would best meet the accessibility needs of that person.

Marginal note:Mobility aids — maximum weight and dimensions

56 A carrier must publish in electronic format on its website, or in another format if it does not have a website, information about the maximum weight and dimensions of mobility aids that each make and model of its aircraft, trains, ferries or buses, as the case may be, is capable of transporting.

Marginal note:On-board announcements

57 A carrier must, on the request of a person with a disability, ensure that any public announcement that is made on board is made in an audio format or a visual format.

Procedures Applicable to Requests for Services

Marginal note:Written confirmation of services

58 If a carrier is required by this Part to provide a service to a person with a disability, the carrier must, without delay, indicate in the record of a person’s travel reservation the services that the carrier will provide to the person and include a written confirmation of the services in the itinerary that is issued to the person and, if a service is confirmed only after the itinerary is issued, the carrier must, without delay, provide a written confirmation of the service.

Marginal note:Retention of electronic copies

59 If, on the request of a carrier, a person with a disability provides the carrier with information, including personal health information, in relation to a request for a service referred to in this Part, the carrier must offer to retain an electronic copy of that information for a period of at least three years for the purpose of permitting the carrier to use that information if the person makes another request for a service.

Refusal of Transportation

Marginal note:Prohibition

• 60 (1) It is prohibited for a carrier to refuse to transport a person with a disability unless the transportation of the person would impose an undue hardship on the carrier.

• Marginal note:Explanation of refusal

  (2) If a carrier refuses to transport a person with a disability, the carrier must, at the time of the refusal, inform the person of the carrier’s reasons for the 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, including the following:

  • (a) the evidence of undue hardship, such as an engineering report, a medical report or an expert opinion that demonstrates that the risk is significant enough that it would be unreasonable to waive or modify a requirement;

  • (b) any relevant rule, policy or procedure or regulation; and

  • (c) the duration of the refusal and the conditions, if any, under which the carrier would accept the person for transport.

Damaged, Destroyed or Lost Mobility Aids

Marginal note:Duty of carrier

61 If the mobility aid of a person with a disability is not retained by the person during transport and it is damaged, destroyed or lost during transport or is not made available to the person at the time of their arrival at their destination, the carrier must, without delay and at the carrier’s own expense,

• (a) provide them with a temporary replacement mobility aid that meets their needs in relation to their mobility and that they are permitted to use until their mobility aid is returned to them or is repaired or replaced or until they are reimbursed by the carrier for the loss of the mobility aid;

• (b) reimburse the person for any expenses they have incurred because the mobility aid was damaged, destroyed or lost or because it was not made available to them at the time of their arrival at their destination;

• (c) in the case of a damaged mobility aid, arrange for the repair of the mobility aid and return it to the person without delay or, in the case of a damaged mobility aid that cannot be adequately repaired,

  • (i) replace the damaged mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the damaged mobility aid and that meets the person’s needs in relation to their mobility, or

  • (ii) reimburse the person for the full replacement cost of the mobility aid; and

• (d) in the case of a destroyed mobility aid or a mobility aid that is not made available to the person at the time of their arrival at their destination and that is not returned to them within, in the case of an air carrier, 96 hours after that arrival or, in the case of a train, marine or bus carrier, 72 hours after that arrival,

  • (i) replace the destroyed or lost mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the destroyed or lost mobility aid and that meets the person’s needs in relation to their mobility, or

  • (ii) reimburse the person for the full replacement cost of the mobility aid.

Marginal note:Air transportation — special declaration of interest

• 62 (1) If a person with a disability who uses a mobility aid makes a reservation with an air carrier for transportation on an international service, the air carrier must advise the person of the option to make a special declaration of interest, under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention, that sets out the monetary value of the mobility aid and a description of its identifying features.

• Marginal note:Period for making special declaration

  (2) The air carrier must permit a person with a disability to make the special declaration of interest at any time before the mobility aid is removed by the carrier for storage in the aircraft’s baggage compartment.

• Marginal note:Notice on website

  (3) An air carrier that operates an international service must publish in electronic format on its website, or in another format if it does not have a website, a notice for persons with disabilities who use mobility aids that informs them of the option to make a special declaration of interest under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention.

• Marginal note:Definition

  (4) The following definitions apply in this section.

  Montreal Convention

  Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed on May 28, 1999, at Montréal, Quebec, Canada. (Convention de Montréal)

  Warsaw Convention

  Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on October 12, 1929 at Warsaw, Poland. (Convention de Varsovie)

PART 3Technical Requirements Applicable to Carriers

DIVISION 1Air Carriers

Application

Marginal note:Definitions

• 63 (1) The following definitions apply in this section.

  Canadian

  Canadian has the same meaning as in subsection 55(1) of the Act. (Canadien)

  domestic service

  domestic service has the same meaning as in subsection 55(1) of the Act. (service intérieur)

  international service

  international service has the same meaning as in subsection 55(1) of the Act. (service international)

  large air carrier

  large air carrier means an air carrier that transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years. (gros transporteur aérien)

• Marginal note:Canadian large air carriers

  (2) Unless otherwise specified, this Division applies to every large air carrier that is a Canadian and that provides a domestic service or international service for the transportation of passengers.

Marginal note:Non-application — certain aircraft

64 This Division does not apply to an air carrier in respect of any aircraft that

• (a) has a certificated maximum carrying capacity of not more than 29 passengers;

• (b) was manufactured before May 13, 2009; or

• (c) is leased by the carrier on a short-term basis in order to respond to an emergency or to replace an aircraft that requires repairs due to an unforeseen mechanical failure.

Marginal note:Non-application of sections 77 to 79 — certain aircraft

65 Sections 77 to 79 do not apply to an air carrier in respect of any aircraft that has only one aisle.

Marginal note:Pre-existing aircraft

• 66 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 72, 73, 76 and 81, do not apply to a pre-existing aircraft.

• Marginal note:Clarification — portable equipment

  (2) Sections 69 to 71 apply to a pre-existing aircraft with respect to any lift, ramp or stairs that are portable and not integrated with the pre-existing aircraft.

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

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

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

  • (d) a compliant amenity or equipment could not be certified for installation on the aircraft.

• Marginal note:Definition of pre-existing aircraft

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

Marginal note:Unavailability of compliant amenity or equipment

67 A carrier does not contravene a requirement of this Division that applies to an amenity or equipment used in an aircraft if the amenity or equipment does not comply with that requirement because

• (a) a compliant amenity or equipment is not reasonably available for purchase from any manufacturer or supplier; or

• (b) a compliant amenity or equipment could not be certified for installation on the aircraft.

Technical Requirements

Marginal note:Duty of carrier

68 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.

Marginal note:Lift

69 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

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

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

Marginal note:Ramp

70 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

• (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:Stairs

• 71 (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

72 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

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

Marginal note:Passenger seats

74 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

75 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

76 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

77 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

78 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

79 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

80 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

• 81 (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

82 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

83 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

• 84 (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

• 85 (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

86 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

• 87 (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

88 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

89 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

90 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

91 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.

Marginal note:Lift

92 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

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

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

Marginal note:Ramp

93 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

• (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

94 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.

Marginal note:Other stops

95 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

96 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.

Marginal note:On-board wheelchair

97 An on-board wheelchair that is available on a train 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 train.

Marginal note:Mandatory on-board wheelchairs

98 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

• 99 (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.

Marginal note:Mandatory accessible path of travel

• 100 (1) A train must have a path of travel that is accessible to persons with disabilities and that provides access to, from and between all of the following points on the train:

  • (a) any exterior door that is used by passengers to board or disembark;

  • (b) any mobility aid space or transfer seat; and

  • (c) any wheelchair-accessible washroom.

• Marginal note:Wheelchair-accessible area

  (2) Any area of a train that is intended for use by a person using a wheelchair, including a wheelchair-accessible cabin or a wheelchair-accessible food service area, must have a path of travel that is accessible to persons with disabilities from that area to any adjacent rail car, if that adjacent rail car contains a mobility aid space, transfer seat or wheelchair-accessible washroom.

• Marginal note:Shower facility and cabin

  (3) A train must have a path of travel that is accessible to persons with disabilities between a wheelchair-accessible shower facility and a wheelchair-accessible cabin.

Marginal note:Train — diaphragm

• 101 (1) A diaphragm on a train must

  • (a) meet the requirements set out in clauses 5.1.1(a) to (d) of CSA B651-18; and

  • (b) have vertical handholds that are located on both sides of the diaphragm.

• Marginal note:Definition of diaphragm

  (2) In this section, diaphragm means the passageway between rail cars.

Marginal note:Passenger seats

102 Passenger seats on a train must be equipped with

• (a) movable armrests on at least 10% of the seats, which seats are evenly distributed throughout each rail car, except a food service rail car;

• (b) handholds on the back of all aisle passenger seats; and

• (c) 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

103 Trains 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:Mobility aid space

104 A mobility aid space on a train must

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

• (b) be equipped with a call button that is in a location within the reach of the person who is seated in the mobility aid space, that is tactilely discernible and colour-contrasted with its background and that is operable using minimal force; and

• (c) be equipped with a table or counter for food service which, if located in a food service rail car that contains tables, meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Marginal note:Transfer seat

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

Marginal note:Mandatory mobility aid space and transfer seat

• 106 (1) A train must, in each class of service, have at least two adjacent mobility aid spaces and two adjacent transfer seats, as well as a number of additional mobility aid spaces and a number of additional transfer seats equal to one mobility aid space and one transfer seat for every 75 passenger seats.

• Marginal note:Maximum of two mobility aid spaces

  (2) There must be no more than two mobility aid spaces in each rail car.

• Marginal note:Food service rail car

  (3) A food service rail car that offers passenger seats must have at least two mobility aid spaces. In the case of a bi-level food service rail car, there must be at least two mobility aid spaces that are located on the lower level of the rail car.

Marginal note:Storage of mobility aids

• 107 (1) At least one rail car of a train 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 train 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

108 A train 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 five electronic devices that provide passenger safety information in an audio and visual format and permit a person with a disability to adjust the volume of the audio output and the size of the font.

Marginal note:Window emergency exits

109 If a rail car 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

110 A washroom on a train, 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 (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

111 A wheelchair-accessible washroom on a train 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 110(b).

Marginal note:Mandatory wheelchair-accessible washroom

• 112 (1) Each rail car on a train that has a mobility aid space, except a food service rail car, must have at least one wheelchair-accessible washroom.

• Marginal note:Food service rail car

  (2) If a food service rail car has one or more washrooms, at least one of them must be a wheelchair-accessible washroom.

Marginal note:Menu display board

113 A menu display board in a food service rail car on a train 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.

Marginal note:Counter

114 A counter in a food service rail car on a train must meet the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Marginal note:Location of food service rail car

115 A food service rail car on a train must be adjacent to a rail car that has a mobility aid space or a rail car that has a wheelchair-accessible cabin.

Marginal note:On-board entertainment system

116 An on-board entertainment system on a train 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 the 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 train

• 117 (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

• 118 (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

119 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

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

Marginal note:Standard shower facilities

121 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

122 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

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

Marginal note:Interior door and doorway

• 124 (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

125 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

126 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

127 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

128 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

129 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

• 130 (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

131 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

132 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

• 133 (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

134 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

• 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.

Marginal note:Counter

159 A counter in a food service area or a lounge area on a ferry must meet the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Marginal note:Table

160 At least 5% of the total number of tables in a food service area or lounge area on a ferry must be identified by the International Symbol of Access and meet the requirements set out in clauses 6.7.1.1 to 6.7.1.3 of CSA B651-18.

Marginal note:Food service counter

• 161 (1) In a food service area or a lounge area on a ferry, a handrail must be provided along the side of a food-service counter and the floor area adjacent to the counter must meet the requirements set out in clauses 4.4.2, 5.1.1 and 5.1.2 of CSA B651-18.

• Marginal note:Lineup guide

  (2) Lineup guides in a food service area or a lounge area on a ferry must meet the requirements set out in clause 5.1.3 of CSA B651-18.

Marginal note:Service counter

162 A counter that is used for serving passengers on a ferry, except a food-service counter referred to in subsection 161(1), must

• (a) have at least one section that meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18;

• (b) be free of any object that could impede verbal or visual communications between a passenger and a member of personnel; and

• (c) have a glare-free surface and be colour-contrasted with its background.

Marginal note:On-board entertainment system

163 An on-board entertainment system on a ferry 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 the 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 ferry

• 164 (1) If a pre-existing ferry referred to in subsection 135(4) has an on-board entertainment system that does not offer closed captioning and audio description, the ferry 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 ferry 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

• 165 (1) A cabin on a ferry, 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 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:Protruding object

  (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

166 A wheelchair-accessible cabin on a ferry 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 standards 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 165(1)(c); and

• (f) be adjacent to a wheelchair-accessible washroom or be near a wheelchair-accessible washroom on the same deck.

Marginal note:Mandatory wheelchair-accessible cabin

167 At least five percent of the total number of cabins on the ferry must be wheelchair-accessible and at least two of the wheelchair-accessible cabins must be adjacent to each other.

Marginal note:Standard shower facility

168 A shower facility on a ferry, 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

169 A wheelchair-accessible shower facility on a ferry 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 on the same deck as a wheelchair-accessible cabin.

Marginal note:Mandatory wheelchair-accessible shower facility

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

Marginal note:Interior door and doorway

• 171 (1) An interior door and doorway on a ferry 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 that 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

172 An exterior door on a ferry 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 ferry, 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

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

Marginal note:Floors

174 The floors of a ferry 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

175 Tactile attention indicator surfaces on a ferry 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

176 Operating controls on a ferry 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

• 177 (1) Signage on a ferry, other than a menu display board referred to in section 158, must

  • (a) indicate any services, facilities, amenities or equipment that are offered and of 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:Designated relief areas

• 178 (1) A ferry on which passengers are travelling for four consecutive hours or more must have a designated area for service dogs to relieve themselves that a person with a disability may reach by means of a path of travel that is accessible to persons with disabilities and that is

  • (a) identified by tactile and Braille signage; and

  • (b) cleaned and maintained on a regular basis.

• Marginal note:Signage

  (2) The ferry must have signage that indicates the direction to follow in order to access a designated relief area.

Marginal note:Elevator

179 A ferry that has more than one deck must have at least one elevator that

• (a) provides service from a vehicle deck to all passenger decks, except to a deck that does not have a housing to protect the elevator from the weather; and

• (b) meets the requirements set out in clause 5.6.1 of CSA B651-18.

Marginal note:Non-operational elevator

180 Each elevator on a ferry must have signage that warns passengers that the elevator may not be operational when the ferry’s roll exceeds the safe operating criteria established by the manufacturer of the elevator.

Marginal note:Alarm system

181 If a ferry is equipped with an alarm system, including in a cabin, the alarm system must provide 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

• 182 (1) A ferry 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 4Bus Carriers

Application

Marginal note:Bus carriers

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

Marginal note:Non-application — certain buses

184 This Division does not apply to a bus carrier in respect of any of the following buses:

• (a) any bus that has a maximum carrying capacity of not more than 39 passengers;

• (b) any bus while it is being used in a charter service.

Marginal note:Pre-existing buses

• 185 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 199 and 205, do not apply to a pre-existing bus.

• Marginal note:Clarification — portable equipment

  (2) Sections 188 and 189 apply to a pre-existing bus with respect to any lift, ramp or bridge plate that is portable and not integrated with the pre-existing bus.

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

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

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

Marginal note:Non-application — temporary leases

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

Technical Requirements

Marginal note:Duty of carrier

187 A carrier must ensure that any bus 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:Lift

188 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 bus must

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

• (b) be capable of supporting a minimum weight of 272 kg.

Marginal note:Ramp or bridge plate

189 A ramp or bridge plate that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a bus 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 272 kg.

Marginal note:No level boarding

190 If a bus terminal does not permit level boarding of a bus and there is no lift, ramp or bridge plate available at the bus terminal, the bus must be equipped with a lift, ramp or bridge plate.

Marginal note:Other stops

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

Marginal note:Stairs

192 Any stairs that are used to board or disembark from a bus, and any interior stairs on a bus, 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;

• (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; and

• (d) be equipped with lighting that accentuates the steps and handrails.

Marginal note:Passenger seats

193 Passenger seats on a bus must be equipped with

• (a) movable armrests on all aisle and middle passenger seats;

• (b) handholds on the back of all aisle passenger seats; and

• (c) 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

194 A bus 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:Priority seats for persons with disabilities

195 The first row of passenger seats on each side of a bus must be designated as priority seats for persons with disabilities and there must be signage that indicates that a person, other than a person with a disability, must vacate a priority seat if the seat is needed by a person with a disability.

Marginal note:Mobility aid space

196 A mobility aid space on a bus must have a clear floor area of at least 1,220 mm by 760 mm.

Marginal note:Mandatory mobility aid space

197 A bus must have at least two mobility aid spaces.

Marginal note:Storage of mobility aid

198 A bus must have a baggage compartment that allows for the storage of at least two mobility aids, each of which weighing no more than 227 kg and having a width of no more than 1,092 mm, a height of not more than 736 mm (with the seat and steering column collapsed) and a length of not more than 2,260.6 mm.

Marginal note:Passenger safety features cards

199 A bus that has any passenger safety features cards available on board must have

• (a) at least two passenger safety features cards that are in large print and at least two 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

200 If a bus 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

201 A washroom on a bus, 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

202 A wheelchair-accessible washroom on a bus must meet the requirements set out in section 201 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 a wheelchair;

• (b) have sufficient space to allow a person, with assistance, to transfer to and from a 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 a wheelchair; and

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

Marginal note:Mandatory wheelchair-accessible washroom

203 Every washroom on a bus 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 a wheelchair; and

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

Marginal note:On-board entertainment system

204 An on-board entertainment system on a bus 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 functions, 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 the 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 bus

• 205 (1) If a pre-existing bus referred to in subsection 185(4) has an on-board entertainment system that does not offer closed captioning and audio description, the bus 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 bus 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:Grab bars, handholds and stanchions

206 Grab bars, handholds and stanchions on a bus must

• (a) be sturdy, rounded and free of any sharp or abrasive element;

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

• (c) be colour-contrasted with their background;

• (d) have a slip-resistant surface;

• (e) be located

  • (i) where passengers are required to pay fares or show proof of payment,

  • (ii) close to mobility aid spaces,

  • (iii) in priority seating areas, and

  • (iv) on each side of a door;

• (f) be evenly distributed throughout the bus to assist persons with disabilities to safely board and disembark and to sit and stand;

• (g) be located so as to not interfere with the turning and manoeuvring space that may be required by a person using a mobility aid to access a mobility aid space; and

• (h) if they are located at a door, be within the reach of a person standing at ground level and installed in a manner that ensures that they are inside the bus when the doors are closed.

Marginal note:Floors

207 The floors of a bus 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

208 Tactile attention indicator surfaces on a bus 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

209 Operating controls on a bus 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

• 210 (1) Signage on a bus must

  • (a) indicate any services, facilities, amenities or equipment that are offered and of 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

• 211 (1) A bus 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.

PART 4Requirements Applicable to Terminal Operators

DIVISION 1Service Requirements

Marginal note:Application

212 Unless otherwise specified, this Division applies to every terminal operator who is the owner, operator or lessee of

• (a) an airport that is located in the national capital or a provincial capital or where at least 200,000 passengers emplaned and deplaned during each of the two preceding calendar years;

• (b) a rail terminal that serves a rail carrier referred to in paragraph 25(1)(b);

• (c) a ferry terminal that serves a marine carrier referred to in paragraph 25(1)(c); or

• (d) a bus terminal that serves a bus carrier that is subject to the requirements of Part 2.

Marginal note:Non-application — certain terminals

213 This Division does not apply in respect of a terminal where the number of members of personnel who work at the terminal is, on average, fewer than 10, calculated on the basis of the daily average during each of the two preceding calendar years.

Marginal note:Prohibition — no charge for required services

214 It is prohibited for a terminal operator to impose a charge or fee for any service that the terminal operator is required by this Part to provide to any person.

Marginal note:Communication of information

215 A terminal operator must publish in electronic format on its website, or in another format if it does not have a website, information about the services or facilities available at the terminal for persons with disabilities, including information about

• (a) the curbside zone, including where the curbside zone is located and how to request assistance to or from the curbside zone;

• (b) ground transportation from the terminal that is accessible to persons with disabilities, including whether a vehicle that is capable of carrying a non-folding or non-collapsible mobility aid is available;

• (c) the location of designated areas for service dogs to relieve themselves;

• (d) transportation between facilities at a terminal that is accessible to persons with disabilities; and

• (e) wheelchair and electric cart services.

Marginal note:Assistance for persons with disabilities

• 216 (1) A terminal operator must, on the request of a person with a disability, without delay, assist the person with their baggage and with a wheelchair, and provide the following services to the person:

  • (a) providing the person with a wheelchair if needed by the person;

  • (b) assisting the person to proceed between the general public area and the curbside zone, including by guiding; and

  • (c) assisting the person to proceed between the curbside zone and the check-in area or, if there is no check-in area, between the curbside zone and a representative of a carrier, including by guiding.

• Marginal note:Exception

  (2) However, a terminal operator is not required to provide a person with any assistance referred to in subsection (1) if a carrier is already providing that person with that assistance.

Marginal note:Service provider for ground transportation

• 217 (1) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of ground transportation from the terminal, including by taxi, limousine, bus or rental vehicle, the terminal operator must ensure that the service provider provides transportation that is accessible to persons who are travelling with a mobility aid or any other assistive device or with a service dog, including transportation with vehicles that are capable of carrying non-folding or non-collapsible mobility aids.

• Marginal note:Rental vehicles

  (2) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of rental vehicles from the terminal, the terminal operator must ensure that the service provider provides rental vehicles that are equipped with hand-control systems.

DIVISION 2Technical Requirements

Marginal note:Application

218 Unless otherwise specified, this Division applies to every terminal operator referred to in section 212 and to every terminal operator who is the owner, operator or lessee of a port that permits the mooring of cruise ships.

Marginal note:Non-application – certain areas or facilities

219 This Division does not apply in respect of any area or any facility of a terminal that

• (a) is not intended for use by the public;

• (b) is not under the control of the terminal operator; or

• (c) is a commercial establishment.

Marginal note:Pre-existing terminals

• 220 (1) Subject to subsection (2), sections 222, 226, 228 and 230 do not apply to a pre-existing terminal.

• Marginal note:Modifications

  (2) If a terminal operator 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 terminal, the terminal operator must ensure that the modified amenity or equipment meets the requirements of sections 222, 226, 228 and 230, except in the following circumstances:

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

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

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

  • (d) the Heritage Railway Stations Protection Act or any other Act of Parliament related to heritage protection would be contravened.

• Marginal note:Definition of pre-existing terminal

  (3) In this section, a pre-existing terminal means a terminal

  • (a) in respect of which the terminal operator became the owner, operator or lessee before the day on which this section comes into force; or

  • (b) in respect of which the terminal operator became the owner, operator or lessee on or after the day on which this section comes into force if the terminal operator submitted the call for tenders for the purchase, lease or construction of that terminal before the day on which this section comes into force.

Marginal note:Duty of terminal operator

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

Marginal note:Terminal — requirements

222 A terminal must meet the requirements set out in CSA B651-18, excluding clauses 5.6.2, 6.5.6, 6.6.2.2, 6.6.2.7.1, 6.7.3, 7 and 8.5 and all Annexes, commentary and figures.

Marginal note:Lift, ramp or stairs — requirements

223 A lift, ramp or stairs that are used at a terminal for the boarding or disembarkation of persons with disabilities must meet the requirements for a lift, ramp or stairs, as the case may be, that are set out in section 69, section 70 or subsection 71(1).

Marginal note:No level boarding — airports

224 In the case of an airport, if the terminal does not permit level boarding of an aircraft, the terminal must be equipped with a lift, a ramp or portable stairs.

Marginal note:Wheelchairs

• 225 (1) A terminal must have wheelchairs available for use by passengers in a number that is sufficient to accommodate the number of persons with disabilities who are likely to use them at any one time.

• Marginal note:Requirements

  (2) A wheelchair that is available for use by passengers at a terminal must have

  • (a) footrests and wheel locks; and

  • (b) in the case of a wheelchair used for boarding,

    • (i) movable armrests and an occupant restraint device, and

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

Marginal note:Seats

226 A terminal must have

• (a) seats that are located along paths of travel at regular intervals of approximately 30 m; and

• (b) in every boarding area, designated priority seats for persons with disabilities that

  • (i) are located so as to be close to members of personnel who are stationed at the boarding gate,

  • (ii) are located so as to permit them to view screens or other boards that display information relating to departures or gate or track assignments, and

  • (iii) are marked with signage that specifies that persons with disabilities have priority access.

Marginal note:Designated relief area

• 227 (1) A designated area for service dogs to relieve themselves must

  • (a) be identified by tactile and Braille signage; and

  • (b) be cleaned and maintained on a regular basis.

• Marginal note:Signage

  (2) The terminal must have signage that indicates the direction to follow in order to access a designated relief area for service dogs.

• Marginal note:Designated relief area outside terminal

  (3) A terminal must have a designated area for service dogs to relieve themselves that is located outside of the terminal and that a person with a disability may reach from the terminal by means of a path of travel that is accessible to persons with disabilities.

• Marginal note:Direct access from restricted area

  (4) A terminal must have a designated area for service dogs to relieve themselves that a person with a disability may reach, from the area of the terminal into which access is strictly controlled, by means of a path of travel that is accessible to persons with disabilities and that does not require the person to exit and re-enter that area.

Marginal note:Light-rail trains and shuttle buses

228 Sections 90 to 93, 96, 102, 109, 127 to 130, 190, 195, 197 and 206 apply, with any modifications that the circumstances require, in respect of any light-rail train and any shuttle bus that operates between any facilities of a terminal.

Marginal note:Obstruction due to repairs or maintenance

229 If there is any object that is obstructing a path of travel inside or outside of a terminal because of repairs or maintenance, it must be detectable by a person using a cane.

Marginal note:Non-accessible path of travel

230 If a path of travel inside or outside of a terminal is not accessible to a person with a disability, including because there are stairs or escalators, there must be an alternative path of travel that is accessible to persons with disabilities and that allows them to access the desired service or reach the desired destination.

Marginal note:Maintenance

• 231 (1) A terminal or any related facility that is subject to any requirement under this Division — including a shuttle bus or a light-rail train that operates between any facilities of a terminal — must be in good working order and properly maintained.

• Marginal note:Repairs

  (2) If any facilities that are referred to in subsection (1), including any amenities or equipment used in those facilities, 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.

PART 5Requirements Applicable to CATSA and CBSA

Security Screening

Marginal note:Services to assist persons with disabilities

232 During the security screening process, CATSA must, on the request of a person with a disability, provide the following services without delay:

• (a) expediting the security screening process by directing the person, and any support person travelling with them, to the front of a line or to any other line that is intended to expedite the security screening process;

• (b) permitting a representative of an air carrier or an individual with a security pass issued by an air carrier or the airport to accompany the person through the security screening checkpoint;

• (c) assisting the person with proceeding through the steps of the security screening process, including by providing verbal or visual cues or additional instructions; and

• (d) assisting the person with the placement of carry-on baggage and personal items on a screening belt and with their retrieval.

Marginal note:Assistive device, support person or service dog

• 233 (1) CATSA must, when screening a person with a disability who uses an assistive device or who is travelling with a support person or a service dog, make every reasonable effort to carry out the screening simultaneously with the screening of the person’s assistive device, support person or service dog, as the case may be.

• Marginal note:Separate screening of assistive device

  (2) If CATSA removes an assistive device from a person with a disability for a separate screening, CATSA must return the assistive device to the person without delay after it has been screened.

• Marginal note:Separate screening of mobility aid

  (3) If CATSA removes an assistive device that is a mobility aid from a person with a disability for a separate screening, CATSA must offer a chair to the person while the mobility aid is being screened.

Border Clearance

Marginal note:Services to assist persons with disabilities

234 During the border clearance process, the CBSA must, on the request of a person with a disability, provide the following services without delay:

• (a) expediting the border clearance process by directing the person, and any support person travelling with them, to the front of the line or to any other line that is intended to expedite the border clearance process;

• (b) assisting the person with proceeding through the steps of the border clearance process, including by providing verbal or visual cues or additional instructions;

• (c) assisting the person to complete a declaration card or by collecting a verbal declaration; and

• (d) assisting the person with the placement of personal items on a counter for inspection and with their retrieval, if the person must undergo more extensive clearance.

Signage

Marginal note:Requirements

• 235 (1) In any areas of a terminal that are used for the purposes of security screening or border clearance of passengers, CATSA and the CBSA must, with respect to any signage that is under their respective control, ensure that the signage

  • (a) is located at strategic points throughout those areas, such as close to washrooms and exits;

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

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

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

• Marginal note:Electronic signage

  (2) CATSA and the CBSA must ensure that electronic signage

  • (a) has 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) meets the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

PART 6[Repealed, SOR/2019-244, s. 239]

236 [Repealed, SOR/2019-244, s. 239]

237 [Repealed, SOR/2019-244, s. 239]

PART 7Amendments to these Regulations, Consequential Amendments and Coming into Force

Amendments to these Regulations

238 [Amendments]

239 [Amendments]

240 [Amendments]

Consequential Amendments

Air Transportation Regulations

241 [Amendments]

Personnel Training for the Assistance of Persons with Disabilities Regulations

242 [Amendments]

Coming into Force

Marginal note:One year after registration

• 243 (1) Subject to subsections (2) to (4), these Regulations come into force on the first anniversary of the day on which they are registered.

• Marginal note:Two years after registration

  (2) Sections 72, 73, 97, 98, 143, 144, and 225 and subsection 227(4) come into force on the second anniversary of the day on which these Regulations are registered.

• Marginal note:Three years after registration

  (3) Sections 11, 69, 70, 92 to 95, 140, 141, 188, 189, 190, 191, 223 and 224 come into force on the third anniversary of the day on which these Regulations are registered.

• Marginal note:Accessible Canada Act

  Footnote ^*(4) If Bill C-81, introduced in the 1st session of the 42nd Parliament and entitled the Accessible Canada Act, receives royal assent, then sections 238 to 240 of these Regulations come into force on the day on which section 169 of that Act comes into force.

  • Return to footnote ^*[Note: Sections 238 to 240 in force July 11, 2019, see SI/2019-55.]

SCHEDULE 1(Section 23)Training Program Information

(Name, address and description of transportation service provider)

Date:

• 1 

  Name and title of person responsible for managing the training program for the transportation service provider.
• 2 

  List of the occupational categories of members of personnel who must complete the training program under the Regulations (specify):

  • (a) occupational categories of members of personnel who interact with the public;

  • (b) occupational categories of members of personnel who participate in making decisions or developing policies or procedures in relation to the requirements of these Regulations;

  • (c) occupational categories of members of personnel who provide physical assistance;

  • (d) occupational categories of members of personnel who handle mobility aids; and

  • (e) occupational categories of members of personnel who use, or assist a person with a disability in using, special equipment.

• 3 

  Description of the subject matter covered in the training program.
• 4 

  Description of the principal teaching methods and the types of educational and support materials used in the training program.
• 5 

  Number of hours of training provided to members of personnel in the initial training program.
• 6 

  Average period between a member of personnel’s assumption of their functions and the initial training program.
• 7 

  Frequency and nature of refresher training programs and the number of hours of refresher training provided to members of personnel.
• 8 

  Qualifications and title of any person who provides the initial training and refresher training programs.
• 9 

  Means used to consult persons with disabilities in the development of the training program and the principal teaching methods.
• 10 

  Means used to ensure that members of personnel receive training that is suitable to the requirements of their functions and that provides an adequate level of knowledge and skills to carry out those functions.
• 11 

  Means used to ensure that members of personnel complete the initial training and refresher training programs within the timelines that are specified by these Regulations.
• 12 

  Means used to record and monitor the completion of the initial training and refresher training programs by each member of personnel, including the dates on which the initial training and refresher training programs were completed.
• 13 

  If the transportation service provider enters into any agreement or arrangement with a person for the provision of transportation-related services or facilities, a list of the transportation-related services or facilities that are provided under each agreement or arrangement.

(Signature, name and title of authorized representative of transportation service provider)