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

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.]