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

Marginal note:Air transportation — special declaration of interest

• 62 (1) If a person with a disability who uses a mobility aid makes a reservation with an air carrier for transportation on an international service, the air carrier must advise the person of the option to make a special declaration of interest, under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention, that sets out the monetary value of the mobility aid and a description of its identifying features.

• Marginal note:Period for making special declaration

  (2) The air carrier must permit a person with a disability to make the special declaration of interest at any time before the mobility aid is removed by the carrier for storage in the aircraft’s baggage compartment.

• Marginal note:Notice on website

  (3) An air carrier that operates an international service must publish in electronic format on its website, or in another format if it does not have a website, a notice for persons with disabilities who use mobility aids that informs them of the option to make a special declaration of interest under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention.

• Marginal note:Definition

  (4) The following definitions apply in this section.

  Montreal Convention

  Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed on May 28, 1999, at Montréal, Quebec, Canada. (Convention de Montréal)

  Warsaw Convention

  Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on October 12, 1929 at Warsaw, Poland. (Convention de Varsovie)

PART 3Technical Requirements Applicable to Carriers

DIVISION 1Air Carriers

Application

Marginal note:Definitions

• 63 (1) The following definitions apply in this section.

  Canadian

  Canadian has the same meaning as in subsection 55(1) of the Act. (Canadien)

  domestic service

  domestic service has the same meaning as in subsection 55(1) of the Act. (service intérieur)

  international service

  international service has the same meaning as in subsection 55(1) of the Act. (service international)

  large air carrier

  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. (gros transporteur aérien)

• Marginal note:Canadian large air carriers

  (2) Unless otherwise specified, this Division applies to every large air carrier that is a Canadian and that provides a domestic service or international service for the transportation of passengers.

Marginal note:Non-application — certain aircraft

64 This Division does not apply to an air carrier in respect of any aircraft that

• (a) has a certificated maximum carrying capacity of not more than 29 passengers;

• (b) was manufactured before May 13, 2009; or

• (c) is leased by the carrier on a short-term basis in order to respond to an emergency or to replace an aircraft that requires repairs due to an unforeseen mechanical failure.

Marginal note:Non-application of sections 77 to 79 — certain aircraft

65 Sections 77 to 79 do not apply to an air carrier in respect of any aircraft that has only one aisle.

Marginal note:Pre-existing aircraft

• 66 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 72, 73, 76 and 81, do not apply to a pre-existing aircraft.

• Marginal note:Clarification — portable equipment

  (2) Sections 69 to 71 apply to a pre-existing aircraft with respect to any lift, ramp or stairs that are portable and not integrated with the pre-existing aircraft.

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

  • (b) the structural integrity or safe operation of the aircraft or of the amenity or equipment would be materially affected;

  • (c) the principal purpose of the amenity or equipment would be fundamentally altered; or

  • (d) a compliant amenity or equipment could not be certified for installation on the aircraft.

• Marginal note:Definition of pre-existing aircraft

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

Marginal note:Unavailability of compliant amenity or equipment

67 A carrier does not contravene a requirement of this Division that applies to an amenity or equipment used in an aircraft if the amenity or equipment does not comply with that requirement because

• (a) a compliant amenity or equipment is not reasonably available for purchase from any manufacturer or supplier; or

• (b) a compliant amenity or equipment could not be certified for installation on the aircraft.

Technical Requirements

Marginal note:Duty of carrier

68 A carrier must ensure that any aircraft 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:Stairs

• 71 (1) Any stairs that are used to board or disembark from an aircraft, and any interior stairs on an aircraft, 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 aircraft.