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

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.