Accessible Transportation for Persons with Disabilities Regulations

Marginal note:Pre-existing trains

• 87 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 97, 98, 108 and 117, do not apply to a pre-existing train.

• Marginal note:Clarification — portable equipment

  (2) Sections 90 to 93 and 96 apply to a pre-existing train with respect to any step box, lift or ramp that is portable and not integrated with the pre-existing train.

• 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 train, 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 train or of the amenity or equipment are unalterable;

  • (b) the structural integrity or safe operation of the train 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 train

  (4) In this section, a pre-existing train means a train 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 train before that day.