Accessible Transportation Planning and Reporting Regulations (SOR/2021-243)

The Canadian Transportation Agency, pursuant to section 63 of the Accessible Canada ActFootnote ^a, makes the annexed Accessible Transportation Planning and Reporting Regulations.

• Return to footnote ^aS.C. 2019, c. 10

Gatineau, November 3, 2021

La présidente et première dirigeante de l’Office des transports du Canada, France Pégeot Chairperson and Chief Executive Officer, Canadian Transportation Agency La vice-présidente de l’Office des transports du Canada, Elizabeth C. Barker Vice-Chairperson, Canadian Transportation Agency

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 63 of the Accessible Canada ActFootnote ^a, approves the annexed Accessible Transportation Planning and Reporting Regulations, made by the Canadian Transportation Agency.

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Accessible Canada Act. (Loi)

  Agency

  Agency means the Canadian Transportation Agency. (Office)

  average number of employees

  average number of employees means the sum of the highest number of employees employed by a regulated entity in each month of a calendar year divided by 12 and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number. (nombre moyen d’employés)

  employee

  employee means a person employed by a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act and includes a dependent contractor as defined in subsection 3(1) of the Canada Labour Code, but does not include

  • (a) a person employed under a program designated by the employer as a student employment program; and

  • (b) a student employed solely during their vacation periods. (employé)

  regulated transport entity

  regulated transport entity means a transport entity in respect of which a day has been fixed under section 3. (entité de transport réglementée)

  transport entity

  transport entity means an entity or person that is a member of one of the classes established under subsection 2(1). (entité de transport)

  WCAG

  WCAG means the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, as amended from time to time. (WCAG)

• Marginal note:Interpretation of document incorporated by reference

  (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

Classes

Marginal note:Classes

• 2 (1) For the purposes of these Regulations, the following classes are established:

  • (a) Class 1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act;

  • (b) Class 2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act and whose average number of employees in the current calendar year is 100 or more;

  • (c) Class 3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act and whose average number of employees in the current calendar year is 10 or more but fewer than 100; and

  • (d) Class 4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act and whose average number of employees in the current calendar year is fewer than 10.

• Marginal note:Deemed class

  (2) If the average number of employees of a regulated transport entity belonging to a certain class decreases such that the entity qualifies as a member of a class for entities having a lower average number of employees, that entity is deemed to have always been a member of that latter class and has the obligations of entities in that latter class.

• Marginal note:Obligations before deemed change

  (3) Despite subsection (2), if a regulated transport entity published an accessibility plan as a member of a particular class, it must fulfill its obligations relating to the feedback process and progress reports with respect to that plan as though it were still a member of that class.

Marginal note:Day fixed

• 3 (1) Subject to subsection (2), for the purposes of subsection 60(1) of the Act, the day fixed is

  • (a) in respect of a Class 1 regulated entity, December 31, 2021;

  • (b) in respect of a Class 2 regulated entity, June 1, 2022; and

  • (c) in respect of a Class 3 regulated entity, June 1, 2023.

• Marginal note:New transport entity

  (2) If an entity or person qualifies as a Class 1, Class 2 or Class 3 transport entity on or after January 1, 2022,

  • (a) in the case of an entity or person that qualified as a Class 4 transport entity during the preceding year, the day fixed for the purposes of subsection 60(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified as a Class 4 transport entity; and

  • (b) in the case of an entity or person that did not qualify as a Class 4 transport entity during the preceding year, the day fixed for the purposes of subsection 60(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified as a Class 1, Class 2 or Class 3 transport entity.

• Marginal note:Updated accessibility plan

  (3) An updated accessibility plan that is required by subsection 60(2) of the Act must be prepared and published no later than the third anniversary of the day on which the preceding accessibility plan was required to have been published.

Accessibility Plans

Marginal note:Form

• 4 (1) A regulated transport entity must include the following headings in its accessibility plan:

  • (a) “General”;

  • (b) a heading in respect of each element referred to in subsection 60(1) of the Act; and

  • (c) “Consultations”.

• Marginal note:“General” heading

  (2) The information that is included under the heading “General” must include

  • (a) the name of the person designated to receive feedback on behalf of the entity or the position whose incumbent is designated to do so; and

  • (b) the means by which the public can provide feedback and request an alternate format of the accessibility plan or an alternate format of the description of the feedback process, including a mailing address, telephone number and email address.

• Marginal note:“Consultations” heading

  (3) The information that is included under the heading “Consultations” must be drafted in accordance with subsection 60(5) of the Act.

Marginal note:Publication of accessibility plans

• 5 (1) Subject to subsection (2), a regulated transport entity must electronically publish its most recent accessibility plan in clear, simple and concise language

  • (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;

  • (b) in a manner that makes the plan accessible on the digital platform either directly on the homepage or home screen or by way of a hyperlink from that homepage or home screen; and

  • (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

• Marginal note:No public digital platform

  (2) If the regulated transport entity does not use a digital platform to communicate information to the public, it must publish a print copy of its most recent accessibility plan in clear, simple and concise language and display it in a conspicuous location in the main reception area of each of its publicly accessible business locations.

Marginal note:Notice to Agency

6 A regulated transport entity must, by electronic means, notify the Agency of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan or the addresses of the publicly accessible business locations where a print copy of the plan is available.

Marginal note:Alternate format

• 7 (1) A person may make a request that a regulated transport entity make its accessibility plan available to them in print, large print, braille or audio format or in an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities.

• Marginal note:Form and manner of request

  (2) The person may make the request through any means by which the regulated transport entity communicates with the public, including by mail, telephone or electronic means.

• Marginal note:Response time

  (3) The regulated transport entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest,

  • (a) in the case of a request for a plan in braille or audio format, on the 45th day after the day on which the request is received; and

  • (b) in the case of a request for a plan in any other format,

    • (i) for Class 1 and Class 2 regulated entities, on the 15th day after the day on which the request is received, and

    • (ii) for Class 3 regulated entities, on the 20th day after the day on which the request is received.

Feedback

Marginal note:Feedback process

• 8 (1) For the purposes of subsection 61(1) of the Act, the feedback process established by a regulated transport entity must allow feedback to be provided by any means by which the regulated transport entity communicates with the public, including by mail, telephone or electronic means.

• Marginal note:Anonymous feedback

  (2) The feedback process must allow feedback to be provided anonymously.

• Marginal note:Acknowledgement of feedback

  (3) The regulated transport entity must acknowledge receipt of feedback, other than anonymous feedback, in the same manner in which it was received.

• Marginal note:Designated position or person

  (4) The regulated transport entity must designate and publicly identify a person responsible for receiving feedback on behalf of the entity or the position whose incumbent is designated to do so.

Marginal note:Publication of feedback process

• 9 (1) Subject to subsection (2), a regulated transport entity must, for the purposes of subsection 61(2) of the Act, electronically publish a description of its process for receiving feedback in clear, simple and concise language

  • (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;

  • (b) in a manner that makes the description accessible on the digital platform either directly on the homepage or home screen or by way of a hyperlink from that homepage or home screen;

  • (c) together with its accessibility plan or progress report; and

  • (d) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

• Marginal note:No public digital platform

  (2) If the regulated transport entity does not use a digital platform to communicate information to the public, it must publish a print copy of the most recent description of its process for receiving feedback, in clear, simple and concise language and, together with its accessibility plan or progress report, display it and in a conspicuous location in the main reception area of each of its publicly accessible business locations.

• Marginal note:Date of publication

  (3) The regulated transport entity must publish the description of its feedback process on the same day that it publishes its accessibility plan.

• Marginal note:Updated feedback process

  (4) If the regulated transport entity updates its feedback process, it must publish an updated description of the process in the manner set out in subsection (1) or (2), as applicable, as soon as feasible.

Marginal note:Alternate formats

• 10 (1) A person may make a request that a regulated transport entity make the description of its feedback process available to them in print, large print, braille or audio format, or in an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities.

• Marginal note:Form and manner of request

  (2) The person may make the request through any means by which the regulated transport entity communicates with the public, including by mail, telephone or electronic means.

• Marginal note:Response time

  (3) The regulated transport entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received, but at the latest,

  • (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and

  • (b) in the case of a request for a description in any other format,

    • (i) for Class 1 and Class 2 regulated entities, on the 15th day after the day on which the request is received, and

    • (ii) for Class 3 regulated entities, on the 20th day after the day on which the request is received.

Marginal note:Notice to Agency

11 A regulated transport entity must, by electronic means, notify the Agency of the publication of the description of its feedback process or of an updated description of its feedback process within 48 hours of publication and include in the notice a hyperlink to the URL of the description or updated description or the addresses of the publicly accessible business locations where a print copy of the description or updated description is available.

Progress Reports

Marginal note:Form

• 12 (1) A regulated transport entity must include the following headings in its progress report:

  • (a) “General”;

  • (b) a heading in respect of each element referred to in subsections 60(1) and 62(5) of the Act; and

  • (c) “Consultations”.

• Marginal note:“General” heading

  (2) The information that is included under the heading “General” must include

  • (a) the name of the person designated to receive feedback on behalf of the entity or the position whose incumbent is designated to do so; and

  • (b) the means by which the public can provide feedback and request an alternate format of the accessibility plan, an alternate format of the description of the feedback process or an alternate format of the progress report, including a mailing address, telephone number and email address.

• Marginal note:“Consultations” heading

  (3) The information that is included under the heading “Consultations” must be drafted in accordance with subsection 62(4) of the Act.

Marginal note:Publication of progress reports

• 13 (1) Subject to subsection (2), a regulated transport entity must electronically publish its most recent progress report in clear, simple and concise language

  • (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;

  • (b) in a manner that makes the progress report accessible on the digital platform either directly on the homepage or home screen or by way of a hyperlink from that homepage or home screen; and

  • (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

• Marginal note:No public digital platform

  (2) If the regulated transport entity does not use a digital platform to communicate information to the public, it must publish a print copy of its most recent progress report in clear, simple and concise language and display it in a conspicuous location in the main reception area of each of its publicly accessible business locations.

Marginal note:Time limit for publication — Class 1

• 14 (1) A Class 1 regulated transport entity must publish a progress report, no later than the anniversary of the day fixed under section 3 in respect of that entity, in each calendar year in which it is not required to publish an accessibility plan.

• Marginal note:Time limit for publication — Class 2 or Class 3

  (2) A Class 2 or Class 3 regulated transport entity must publish a progress report by June 1 in each calendar year in which it is not required to publish an accessibility plan.

Marginal note:Notice to Agency

15 A regulated transport entity must, by electronic means, notify the Agency of the publication of its progress report within 48 hours of publication and include in the notice a hyperlink to the URL of the progress report or the addresses of the publicly accessible business locations where a print copy of the progress report is available.

Marginal note:Alternate formats

• 16 (1) A person may make a request that a regulated transport entity make its progress report available to them in print, large print, braille or audio format, or in an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities.

• Marginal note:Form and manner of request

  (2) The person may make the request through any means by which the regulated transport entity communicates with the public, including by mail, telephone or electronic means.

• Marginal note:Response time

  (3) The regulated transport entity must make its progress report available to the person in the requested format as soon as feasible after the request is received, but at the latest,

  • (a) in the case of a request for a progress report in braille or audio format, on the 45th day after the day on which the request is received; and

  • (b) in the case of a request for a progress report in any other format,

    • (i) for Class 1 and Class 2 regulated entities, on the 15th day after the day on which the request is received, and

    • (ii) for Class 3 regulated entities, on the 20th day after the day on which the request is received.

Coming into Force

Marginal note:Registration

17 These Regulations come into force on the day on which they are registered.