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

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.