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

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.