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

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.