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

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.

Medical Certificates and Other Information and Documents

Marginal note:Required information

• 33 (1) If a person with a disability requests a service set out in this Part, except a service referred to in any of paragraphs 35(a), (b), (g), (i) to (l) and (n) to (r) or section 37 or 38, a carrier may require that the person provide any information or documents, including a medical certificate, that are reasonably necessary to permit the carrier to assess the person’s request.

• Marginal note:Reasonable effort

  (2) A carrier must make every reasonable effort to provide a service requested by a person with a disability even if the person does not provide any information or documents that are requested by the carrier, including any information or documents that are referred to in subsection (1) or paragraph 41(2)(a) or 51(2)(a) or (b).

Services

Assistance for Persons with Disabilities

Marginal note:Conditions for priority boarding

• 34 (1) A carrier must permit a person with a disability, on request, to board in advance of other passengers if

  • (a) the person has requested assistance with boarding, locating their passenger seat or cabin, transferring between a mobility aid and their passenger seat or storing carry-on baggage;

  • (b) in the case where the person is blind or has any other visual impairment, the person has requested a description of the layout of the aircraft, train, ferry or bus, as the case may be, or of the location and operation of operating controls at the person’s passenger seat; or

  • (c) in the case where the person is disabled due to a severe allergy, the person has requested to clean their passenger seat to remove any potential allergens.

• Marginal note:Requirement to board

  (2) If a person with a disability requests the assistance referred to in paragraph (1)(a) or (b), a carrier may require the person, in order for members of personnel to provide that assistance, to board before the other passengers or, if the person arrives at the boarding area after the end of priority boarding, to board after the other passengers.

Marginal note:Services to be provided on request

35 A carrier must, on the request of a person with a disability, provide the following services to the person without delay:

• (a) assisting the person with checking in at the check-in counter;

• (b) permitting the person, if they are unable to use an automated self-service kiosk or other automated check-in or ticketing process, to advance to the front of the line at a check-in counter or ticket counter;

• (c) assisting the person in proceeding through any security screening process at the terminal, including by

  • (i) providing members of personnel to assist the person to proceed through the security screening process, or

  • (ii) collaborating with the relevant security authority or security personnel at the terminal to permit a person who is not travelling with the person with a disability to have access to the security screening checkpoint so that they may assist the person with a disability to proceed through the security screening process;

• (d) assisting the person in proceeding to the boarding area after check-in;

• (e) before boarding, transferring the person between the person’s own mobility aid and a mobility aid provided by the carrier;

• (f) assisting the person in boarding and disembarking and, in the case of a person travelling on a ferry, assisting the person in moving from a vehicle deck to a passenger deck or from a passenger deck to a vehicle deck;

• (g) assisting the person in storing and retrieving their carry-on baggage;

• (h) before departure and on arrival at the destination, transferring the person between a mobility aid and the person’s passenger seat;

• (i) assisting the person in moving in and out of a mobility aid space;

• (j) in the case of a person who is blind or has any other visual impairment, describing to the person, before departure or, if impossible because of time constraints, after departure, the layout of the aircraft, train, ferry or bus, as the case may be, including the location of washrooms and exits, and the location and operation of any operating controls at the person’s passenger seat;

• (k) assisting the person in accessing any entertainment content that is offered on board, such as by providing them with a personal electronic device and assisting them in using that device;

• (l) before departure, providing the person with an individualized safety briefing and demonstration;

• (m) in the case of an aircraft, train or ferry, providing the person with an on-board wheelchair;

• (n) in the case of an aircraft, train or ferry, assisting the person in moving between their passenger seat and a washroom, including by assisting them in transferring between their passenger seat and an on-board wheelchair;

• (o) in the case of an aircraft, permitting a person to use the washroom that has the most amount of space, regardless of where the washroom is located, if the person needs an on-board wheelchair or the assistance of a support person or service dog to use a washroom;

• (p) in the case of a person who is blind or has any other visual impairment, describing to the person, if a meal is offered on board, all the food and beverages that are offered for consumption or providing a menu in large print or in Braille;

• (q) if a meal is served on board to the person, assisting the person with the meal by opening packages, identifying food items and their location and cutting large food portions;

• (r) if the person is not able to access a food-service car on a train, permitting the person and any support person to order a meal, and be served the meal, at their passenger seats or in their cabin;

• (s) assisting the person in proceeding through border clearance;

• (t) assisting the person in retrieving their checked baggage;

• (u) assisting the person, after disembarkation, in proceeding to the general public area;

• (v) assisting the person, after disembarkation, in proceeding to a location where the person may receive assistance to proceed to the curbside zone from a member of the terminal operator‘s personnel; and

• (w) assisting the person, if they are transferring to another segment of their trip at the same terminal, in proceeding to a location where the person may receive assistance from a member of the receiving carrier’s personnel.