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

Canada Gazette, Part II, Volume 153, Number 14

Registration
SOR/2019-244 June 25, 2019

CANADA TRANSPORTATION ACT

P.C. 2019-908 June 22, 2019

Whereas, pursuant to subsection 36(2) of the Canada Transportation Act ^{footnote a}, the Canadian Transportation Agency has given the Minister of Transport notice of the annexed Accessible Transportation for Persons with Disabilities Regulations;

Therefore, the Canadian Transportation Agency, pursuant to subsections 170(1) and (2) and 177(1) ^{footnote b} of the Canada Transportation Act ^{footnote a}, makes the annexed Accessible Transportation for Persons with Disabilities Regulations.

Gatineau, May 24, 2019

J. Mark MacKeigan
Member, Canadian Transportation Agency

Lenore Duff
Member, Canadian Transportation Agency

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation Act ^{footnote a}, approves the annexed Accessible Transportation for Persons with Disabilities Regulations, made by the Canadian Transportation Agency.

TABLE OF PROVISIONS

Accessible Transportation for Persons with Disabilities Regulations

Interpretation

1 Definitions

2 Interpretation — no effect on existing legal obligations

PART 1

Requirements Applicable to Transportation Service Providers

Application

3 Carriers, terminal operators, CATSA and CBSA

Communication of Information to Persons with Disabilities

4 General information — alternative formats

5 Information to be published

6 Communication

7 Telephone system

8 Website

9 Website — requirements

10 Public announcements inside terminals

11 Automated self-service kiosks

12 Temporary application

13 Assistance with use of self-service kiosks

14 Accessible self-service kiosks

Personnel Training for the Assistance of Persons with Disabilities

15 Application

16 Interaction with public, etc.

17 Physical assistance

18 Handling mobility aids

19 Using or assisting with special equipment

20 Initial training — timeline

21 Refresher training

22 Duty to inform personnel

23 Preparation of training programs

PART 2

Service Requirements Applicable to Carriers

Interpretation

24 Definitions

Application

25 Air, rail, marine and bus carriers

26 Non-application of this Part

27 Non-application — certain aircraft

28 Non-application — certain ferries

29 Non-application — certain buses

30 No contravention of this Part

No Charge for Required Services

31 Prohibition

Advance Notice

32 At least 48 hours

Medical Certificates and Other Information and Documents

33 Required information

Services

Assistance for Persons with Disabilities

34 Conditions for priority boarding

35 Services to be provided on request

36 Bus transportation — services

37 Persons not independently mobile

38 Request for assistance

39 Personal electronic device

Transportation of Mobility Aids and Other Assistive Devices

40 Priority baggage

41 Services

42 On-board storage — trains or ferries

43 On-board storage — aircraft or buses

44 Refused transportation — aircraft

45 Refused transportation — trains

46 Refused transportation — ferries

47 Refused transportation — buses

48 Explanation of refusal and alternatives

49 Small assistive devices

Transportation of Support Persons

50 Duty to transport

Transportation of Service Dogs

51 Duty to transport

Additional Passenger Seat

52 Duty to provide additional seating space

Allergy Buffer Zone

53 Duty to establish buffer zone

Communication of Information

54 Reservations — identification of needs

55 Accessible seats or cabins

56 Mobility aids — maximum weight and dimensions

57 On-board announcements

Procedures Applicable to Requests for Services

58 Written confirmation of services

59 Retention of electronic copies

Refusal of Transportation

60 Prohibition

Damaged, Destroyed or Lost Mobility Aids

61 Duty of carrier

62 Air transportation — special declaration of interest

PART 3

Technical Requirements Applicable to Carriers

DIVISION 1

Air Carriers

Application

63 Definitions

64 Non-application — certain aircraft

65 Non-application of sections 77 and 78 — certain aircraft

66 Pre-existing aircraft

67 Unavailability of compliant amenity or equipment

Technical Requirements

68 Duty of carrier

69 Lift

70 Ramp

71 Stairs

72 On-board wheelchair

73 Mandatory on-board wheelchair

74 Passenger seats

75 Tactile row markers

76 Passenger safety features cards

77 Standard washroom

78 Wheelchair-accessible washroom

79 Mandatory wheelchair-accessible washroom

80 On-board entertainment system

81 Pre-existing aircraft

82 Floors

83 Tactile attention indicator surfaces

84 Signage

85 Maintenance

DIVISION 2

Rail Carriers

Application

86 Rail carriers

87 Pre-existing trains

88 Non-application — temporary leases

Technical Requirements

89 Duty of carrier

90 Step box

91 Mandatory step box

92 Lift

93 Ramp

94 No level boarding

95 Other stops

96 Stairs

97 On-board wheelchair

98 Mandatory on-board wheelchairs

99 Accessible path of travel

100 Mandatory accessible path of travel

101 Train — diaphragm

102 Passenger seats

103 Tactile row markers

104 Mobility aid space

105 Transfer seat

106 Mandatory mobility aid space and transfer seat

107 Storage of mobility aids

108 Passenger safety features cards

109 Window emergency exits

110 Standard washroom

111 Wheelchair-accessible washroom

112 Mandatory wheelchair-accessible washroom

113 Menu display board

114 Counter

115 Location of food service rail car

116 On-board entertainment system

117 Pre-existing train

118 Standard cabin

119 Wheelchair-accessible cabin

120 Mandatory wheelchair-accessible cabin

121 Standard shower facilities

122 Wheelchair-accessible shower facility

123 Mandatory wheelchair-accessible shower facility

124 Interior door and doorway

125 Exterior door

126 Handrails

127 Floors

128 Tactile attention indicator surfaces

129 Operating controls

130 Signage

131 Elevator

132 Alarm system

133 Maintenance

DIVISION 3

Marine Carriers

Application

134 Marine carriers

135 Pre-existing ferries

136 Non-application — temporary leases

Technical Requirements

137 Duty of carrier

138 Step box

139 Mandatory step box

140 Ramp or gangway

141 No level boarding

142 Stairs

143 On-board wheelchair

144 Mandatory on-board wheelchair

145 Accessible paths of travel

146 Mandatory accessible path of travel

147 Passenger seats

148 Tactile row markers

149 Mobility aid space

150 Transfer seat

151 Mandatory mobility aid space and transfer seat

152 Storage of mobility aids

153 Passenger safety features cards

154 Window emergency exits

155 Standard washroom

156 Wheelchair-accessible washroom

157 Mandatory wheelchair-accessible washroom

158 Menu display board

159 Counter

160 Table

161 Food service counter

162 Service counter

163 On-board entertainment system

164 Pre-existing ferry

165 Standard cabin

166 Wheelchair-accessible cabin

167 Mandatory wheelchair-accessible cabin

168 Standard shower facility

169 Wheelchair-accessible shower facility

170 Mandatory wheelchair-accessible shower facility

171 Interior door and doorway

172 Exterior door

173 Handrails

174 Floors

175 Tactile attention indicator surfaces

176 Operating controls

177 Signage

178 Designated relief areas

179 Elevator

180 Non-operational elevator

181 Alarm system

182 Maintenance

DIVISION 4

Bus Carriers

Application

183 Bus carriers

184 Non-application — certain buses

185 Pre-existing buses

186 Non-application — temporary leases

Technical Requirements

187 Duty of carrier

188 Lift

189 Ramp or bridge plate

190 No level boarding

191 Other stops

192 Stairs

193 Passenger seats

194 Tactile row markers

195 Priority seats for persons with disabilities

196 Mobility aid space

197 Mandatory mobility aid space

198 Storage of mobility aid

199 Passenger safety features cards

200 Window emergency exits

201 Standard washroom

202 Wheelchair-accessible washroom

203 Mandatory wheelchair-accessible washroom

204 On-board entertainment system

205 Pre-existing bus

206 Grab bars, handholds and stanchions

207 Floors

208 Tactile attention indicator surfaces

209 Operating controls

210 Signage

211 Maintenance

PART 4

Requirements Applicable to Terminal Operators

DIVISION 1

Service Requirements

212 Application

213 Non-application — certain terminals

214 Prohibition — no charge for required services

215 Communication of information

216 Assistance for persons with disabilities

217 Service provider for ground transportation

DIVISION 2

Technical Requirements

218 Application

219 Non-application – certain areas or facilities

220 Pre-existing terminals

221 Duty of terminal operator

222 Terminal — requirements

223 Lift, ramp or stairs — requirements

224 No level boarding — airports

225 Wheelchairs

226 Seats

227 Designated relief area

228 Light-rail trains and shuttle buses

229 Obstruction due to repairs or maintenance

230 Non-accessible path of travel

231 Maintenance

PART 5

Requirements Applicable to CATSA and CBSA

Security Screening

232 Services to assist persons with disabilities

233 Assistive device, support person or service dog

Border Clearance

234 Services to assist persons with disabilities

Signage

235 Requirements

PART 6

Administrative Monetary Penalties

236 Designation

237 Maximum amount of penalty

PART 7

Amendments to these Regulations, Consequential Amendments and Coming into Force

238 Amendments to these Regulations

Consequential Amendments

241 Air Transportation Regulations

242 Personnel Training for the Assistance of Persons with Disabilities Regulations

Coming into Force

243 One year after registration

SCHEDULE 1

SCHEDULE 2

Accessible Transportation for Persons with Disabilities Regulations

Interpretation

Definitions

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

Act means the Canada Transportation Act. (Loi)

assistive device means any medical device, mobility aid, communication aid or other aid that is specially designed to assist a person with a disability with a need related to their disability. (dispositif d’assistance)

barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle)

CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

CBSA means the Canada Border Services Agency established under subsection 3(1) of the Canada Border Services Agency Act. (ASFC)

CSA B651-18 means the National Standard of Canada CAN/CSA B651-18, entitled Accessible design for the built environment, published in November 2018 by the Canadian Standards Association, as amended from time to time. (norme CAN/CSA B651-18)

curbside zone means an area that is located outside of a terminal where passengers are picked up or dropped off and that is owned, operated, leased or otherwise controlled by the terminal operator. (aire d’arrêt minute)

disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap)

ferry means a vessel that is used for the transportation of passengers and that operates on a fixed schedule between two or more points. (traversier)

mobility aid means any manual or electric wheelchair, scooter, boarding chair, walker, cane, crutch, prosthesis or other aid that is specially designed to assist a person with a disability with a need related to mobility. (aide à la mobilité)

personnel, in respect of a carrier, a terminal operator, CATSA or the CBSA, means

• (a) any employees of that carrier or terminal operator or of CATSA or the CBSA, as the case may be;
• (b) any persons, except a travel agency, that have entered into an agreement or arrangement with that carrier or terminal operator or with CATSA or the CBSA, as the case may be, to provide services on their behalf; and
• (c) any employees of the persons referred to in paragraph (b). (personnel)

service dog means a dog that has been individually trained by an organization or person specializing in service dog training to perform a task to assist a person with a disability with a need related to their disability. (chien d’assistance)

support person means a person referred to in subsection 50(1) whose assistance is needed by a person with a disability. (personne de soutien)

terminal means an airport, a railway station, a ferry terminal or a bus station, or a port that permits the mooring of cruise ships, and any related facilities, whether inside or outside of the terminal, including any amenities or equipment used in a terminal or in its related facilities, such as washrooms, waiting or rest areas, boarding platforms, curbside zones and parking. (gare)

terminal operator means a person that owns, operates or leases a terminal. (exploitant de gare)

transportation-related service or facility means any service or facility, including any amenity or equipment used in a facility, that is related to the transportation of passengers within the transportation network. (service ou installation liés au transport)

Web Content Accessibility Guidelines means the World Wide Web Consortium Recommendation, dated December 2008, entitled Web Content Accessibility Guidelines (WCAG) 2.0, published by the World Wide Web Consortium (W3C), as amended from time to time. (Règles pour l’accessibilité des contenus Web)

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.

Interpretation of “personne handicapée”

(3) In the French version of these Regulations, a reference to “personne handicapée” must be read as a reference to “personne ayant une déficience”.

Interpretation — no effect on existing legal obligations

2 For greater certainty, nothing in these Regulations is to be construed as

• (a) limiting the duty to accommodate under the Canadian Human Rights Act or any other Act of Parliament; or
• (b) requiring any person to do anything that jeopardizes security, public health or public safety.

PART 1

Requirements Applicable to Transportation Service Providers

Application

Carriers, terminal operators, CATSA and CBSA

3 (1) This Part applies to the following entities (each of which is referred to in this Part as a “transportation service provider”):

• (a) every carrier to which Part 3 applies;
• (b) every terminal operator to which Division 1 of Part 4 applies;
• (c) CATSA; and
• (d) the CBSA.

Application of paragraph 5(a)

(2) Paragraph 5(a) applies to every carrier to which Part 2 applies and every terminal operator to which Division 2 of Part 4 applies, in addition to the entities mentioned in paragraphs (1)(a) to (d).

Communication of Information to Persons with Disabilities

General information — alternative formats

4 (1) If a transportation service provider makes available to the public information about any transportation-related service or facility, the transportation service provider must ensure that

• (a) if the information is made available in an electronic format, the format is compatible with adaptive technology that is intended to assist persons with disabilities;
• (b) if the information is made available only in a paper format, it is made available, on request, in large print, in Braille or in an electronic format;
• (c) if the information is made available in an audio format, it is made available, on request, in a visual format; and
• (d) if the information is made available in a visual format, it is made available, on request, in an audio format.

Timing

(2) If a person with a disability makes a request referred to in any of paragraphs (1)(b) to (d), the transportation service provider must provide the information in the requested format as soon as feasible.

Information to be published

5 A transportation service provider must publish, including on its website, the following information:

• (a) a notice that it is subject to these Regulations and the provisions of these Regulations that apply to it;
• (b) the services that it offers to persons with disabilities and any conditions that apply to those services; and
• (c) the complaint resolution services that it offers and how a passenger may access those services.

Communication

6 A transportation service provider must ensure that members of personnel who interact with passengers in the course of carrying out their functions take in account the following when communicating with a person with a disability:

• (a) the nature of the person’s disability, particularly if the person is blind or deaf or has any other visual or hearing impairment or if the person has a communication impairment;
• (b) whether the person uses an assistive device to assist them to hear, see or communicate; and
• (c) whether there are methods of communication that may be used by the person or that may facilitate communication with the person, such as an augmentative or alternative communication system, sign language or clear, concise and plain language.

Telephone system

7 If a transportation service provider makes a telephone number available to the public that may be used to make travel reservations or obtain information about the provider’s transportation-related services or facilities, it must

• (a) offer to persons who are deaf or have any other hearing impairment, or who have a communication impairment, the option of doing those things by means of an email or a third party’s telephone relay or video relay service; and
• (b) publish, in every instance that it publishes a telephone number that may be used to do those things, along with that telephone number, a description of how a person may access the services referred to in paragraph (a), including the transportation service provider’s email address and the third party’s telephone number for telephone relay or video relay service.

Website

8 If a transportation service provider makes a website available to the public that may be used to access a client account, travel itinerary, travel schedule or trip status, to obtain contact information for the transportation service provider, to make or modify a reservation or to check in, it must

• (a) offer to persons with disabilities the option of doing those things by means of a communication system that does not require the use of a website, such as by means of a telephone, an email or a third party’s telephone relay or video relay service; and
• (b) publish, in every instance that it publishes the address of the website that may be used to do those things, along with that website address, a description of how a person may access the services referred to in paragraph (a), including the transportation service provider’s telephone number and email address and the third party’s telephone number for telephone relay or video relay service.

Website — requirements

9 A transportation service provider must ensure that every website that it owns, operates or controls and that is made available to the public — including any mobile site that contains other platforms, such as applications — meets the requirements for a Level AA conformance that are set out in the Web Content Accessibility Guidelines.

Public announcements inside terminals

10 (1) A carrier must ensure that any public announcement relating to a departure or a gate or track assignment that is made for passengers waiting at a boarding area inside a terminal is made in an audio format and in a visual format.

Public announcement — safety or security

(2) If a transportation service provider makes any public announcement relating to safety or security inside a terminal, they must make that announcement in an audio and visual format.

Automated self-service kiosks

11 (1) If a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk that is available for public use in a terminal, or owns, operates or controls the software components of such a kiosk, the transportation service provider must ensure that the hardware components or the software components, as the case may be, meet the requirements set out in clauses 1.4 and 3 to 7 and Annexes B and C, excluding the notes accompanying those clauses, of the National Standard of Canada CAN/CSA-B651.2-07 (R2017), entitled Accessible design for self-service interactive devices, published in January 2007 by the Canadian Standards Association, as amended from time to time.

Requirements

(2) If a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk referred to in subsection (1), the transportation service provider must ensure that the kiosk is visually and tactilely discernible by an International Symbol of Access that is affixed to the front of it.

Temporary application

12 For a period of two years beginning on the day on which this section comes into force, if a transportation service provider owns, operates or controls the hardware components of an automated self-service kiosk that is available for public use in a terminal and meets the requirements of section 11, that kiosk must be marked with signage that specifies that persons with disabilities have priority access.

Assistance with use of self-service kiosks

13 A transportation service provider must, on the request of a person with a disability, assist the person, without delay, to use any automated self-service kiosk referred to in section 11.

Accessible self-service kiosks

14 (1) A transportation service provider must ensure that any automated self-service kiosk referred to in section 11 is in good working order and is properly maintained.

Repairs

(2) If the automated self-service kiosk is not in good working order, the transportation service provider must ensure that it is repaired as soon as possible and, until it is repaired, the transportation service provider must provide the following services to a person with a disability:

• (a) directing the person to the nearest working automated self-service kiosk that offers the same service as that provided by the kiosk that is not in good working order and, on the request of the person, assisting the person in using that kiosk; or
• (b) permitting the person to advance to the front of the line at a counter where they will be provided the same service as that provided by the automated self-service kiosk that is not in good working order.

Personnel Training for the Assistance of Persons with Disabilities

Application

15 A transportation service provider must ensure that members of personnel receive the training that is required under sections 16 to 19.

Interaction with public, etc.

16 (1) If a member of personnel may be required to interact with the public or to participate in making decisions or in developing policies or procedures in relation to the requirements of these Regulations, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training with respect to the requirements of these Regulations and the policies and procedures of the transportation service provider with respect to persons with disabilities.

Contents of training

(2) The training referred to in subsection (1) must provide an adequate level of knowledge in respect of

• (a) the following principles:
  • (i) the principle that all persons must be treated with dignity regardless of their disabilities,
  • (ii) the principle that all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities or of how their disabilities interact with their personal and social characteristics,
  • (iii) the principle that all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities, and
  • (iv) the principle that all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities;
• (b) the different types of barriers that may hinder equal access to transportation services for persons with disabilities;
• (c) the various types of assistance that may be needed by persons with disabilities and the duties of the transportation service provider in relation to those needs, including
  • (i) the type of assistance that they must provide to persons with disabilities, and
  • (ii) the assistive devices that are commonly used by persons with disabilities and the methods of communication that may be used by, or may facilitate communication with, persons with disabilities, such as an augmentative or alternative communication system, sign language or clear, concise and plain language;
• (d) communication with persons with disabilities in accordance with section 6 and how to interact with them in a manner that respects their autonomy and dignity;
• (e) the role of a support person; and
• (f) the role and needs of a service dog.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Consultation

(2) A transportation service provider must consult persons with disabilities in the development of each training program and the principal teaching methods.

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 2

Service Requirements Applicable to Carriers

Interpretation

Definitions

24 The following definitions apply in this Part.

licensee has the same meaning as in subsection 55(1) of the Act. (licencié)

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

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.

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.

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.

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.

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).

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).

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.

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.

Non-application — certain buses

29 This Part does not apply to a bus carrier in respect of a transportation service provided by means of a bus that has not more than 39 passenger seats.

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

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.

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

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.

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.

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 the period of 48 hours because it includes at least one day that is not a business day.

No advance notice

(4) Despite subsections (1) and (3), the carrier must make a 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

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.

Reasonable effort

(2) A carrier must make a 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

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.

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.

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 and in a manner that respects their dignity:

• (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 within the same terminal, in proceeding to a location where the person may receive assistance from a member of the receiving carrier’s personnel.

Bus transportation — services

36 (1) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability who is using a mobility aid, provide the following services:

• (a) if the bus is not equipped with a washroom that accommodates a person using a mobility aid and any support person, stopping the bus, at least every two and a half hours, at a rest stop with such a washroom or at a rest stop chosen by the person under paragraph 54(2)(b);
• (b) allowing the person an adequate amount of time to use washrooms at rest stops, taking into account the additional time that is required for the person to board and disembark from the bus; and
• (c) permitting the person to board or disembark at a stop of their choice if the member of personnel who is operating the bus considers it safe to do so and, if not, informing the person of the location of the closest safe stop.

Additional services

(2) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability, provide the following services:

• (a) assisting the person with boarding and disembarking at any stops and with their baggage; and
• (b) assisting the person to proceed to the curbside zone.

Persons not independently mobile

37 If a person with a disability who is in a wheelchair, a boarding chair or any other device in which the person is not independently mobile is waiting at a terminal for departure after check-in or in order to transfer to another segment of their trip, the carrier must ensure that members of personnel

• (a) provide the person with a place to wait that is close to members of personnel who are available to provide assistance to the person; and
• (b) periodically inquire about the person’s needs and attend to those needs if the services requested by the person are services that are required by this Part.

Request for assistance

38 Unless a person with a disability is able to request assistance from members of personnel by means of a call button, the carrier must ensure that members of personnel periodically inquire about the person’s needs and attend to those needs if the services requested by the person are services that are required by this Part.

Personal electronic device

39 A carrier that is subject to the requirements set out in section 81, 117, 164 or 205 must, on the request of a person with a disability, provide to the person, for their use while on board, a personal electronic device that is referred to in that section.

Transportation of Mobility Aids and Other Assistive Devices

Priority baggage

40 (1) Subject to sections 44 to 47, a carrier must, on the request of a person with a disability who needs a mobility aid during travel, accept the mobility aid for transport as priority baggage.

Option to retain

(2) The carrier must permit the person to retain their mobility aid until it becomes necessary to store it.

Services

41 (1) A carrier must provide the following services to a person with a disability who uses a mobility aid:

• (a) if it is necessary in order to make room for the storage of that mobility aid, removing any cargo and other baggage from storage;
• (b) if the mobility aid needs to be disassembled and packaged in order to store it, disassembling and packaging the mobility aid and, on arrival at the person’s destination, unpackaging and reassembling it; and
• (c) promptly returning the mobility aid to the person on arrival at the destination.

Disassembly and reassembly

(2) A carrier may require a person who requests the service referred to in paragraph (1)(b) to do any of the following:

• (a) provide the carrier with written instructions for the disassembly and reassembly of the mobility aid; and
• (b) check in or arrive at the boarding area before the scheduled time for check-in or boarding.

On-board storage — trains or ferries

42 A rail or marine carrier must permit a person with a disability who uses a mobility aid to store their mobility aid on board the train or ferry.

On-board storage — aircraft or buses

43 An air or bus carrier must make a reasonable effort to permit a person with a disability who uses a walker or manual folding wheelchair to store it on board the aircraft or bus.

Refused transportation — aircraft

44 An air carrier may refuse to transport a person’s mobility aid if

• (a) the size of the door to the aircraft’s baggage compartment or the size of the aircraft’s baggage compartment is not large enough to accommodate the mobility aid;
• (b) it would jeopardize aircraft airworthiness; or
• (c) the weight or size of the mobility aid exceeds the capacity of the lift or ramp.

Refused transportation — trains

45 A rail carrier may refuse to transport a person’s mobility aid if

• (a) the doorways and turning radii of every passenger rail car and the doors of every baggage car are not large enough to accommodate the mobility aid;
• (b) the weight or size of the mobility aid exceeds the capacity of the lift or ramp; or
• (c) the person must remain in the mobility aid in order to board the train and the combined weight of the person and the mobility aid exceeds the capacity of the lift or ramp.

Refused transportation — ferries

46 A marine carrier may refuse to transport a person’s mobility aid if

• (a) the weight or size of the mobility aid exceeds the capacity of the gangway or ramp; or
• (b) the person must remain in the mobility aid in order to board the ferry and the combined weight of the person and the mobility aid exceeds the capacity of the gangway or ramp.

Refused transportation — buses

47 A bus carrier may refuse to transport a person’s mobility aid if

• (a) the size of the door to the bus’s baggage compartment or the size of the bus’s baggage compartment is not large enough to accommodate the mobility aid;
• (b) the weight or size of the mobility aid exceeds the capacity of the baggage compartment or of the lift, ramp or bridge plate; or
• (c) the person must remain in the mobility aid in order to board the bus and the combined weight of the person and the mobility aid exceeds the capacity of the lift, ramp or bridge plate.

Explanation of refusal and alternatives

48 If a carrier refuses to transport the mobility aid of a person with a disability, the carrier must

• (a) at the time of the refusal, inform the person of the carrier’s reasons for refusal and, not later than 10 days after the day of the refusal, provide the person with a written notice setting out the reasons for the refusal; and
• (b) advise the person of the availability of alternative trips that are provided by the carrier to the same destination and on which the mobility aid will not be refused for transport, and offer to book any such alternative trip for the person at the lesser of the fare for the original trip and the fare for the alternative trip.

Small assistive devices

49 A carrier must permit a person with a disability to bring on board and to retain any small assistive device that the person needs during travel, including a cane, crutches, a communication device, an orthotic positioning device or a portable oxygen concentrator.

Transportation of Support Persons

Duty to transport

50 (1) A carrier must, on the request of a person with a disability, accept a support person for transport if, because of the nature of their disability, the person, after departure and before arrival, needs

• (a) assistance with eating meals, taking medication, using the washroom;
• (b) assistance with transferring to and from a passenger seat;
• (c) assistance with orientation or communication; or
• (d) physical assistance in the event of an emergency, including in the case of an evacuation or decompression.

Adjacent passenger seat

(2) The carrier must provide a passenger seat for the support person that is adjacent to the passenger seat of the person with a disability.

Transportation of Service Dogs

Duty to transport

51 (1) A carrier must, on the request of a person with a disability who needs to travel with a service dog, accept the service dog for transport and permit the animal to accompany the person on board, subject to subsection (2).

Requirements

(2) A carrier may require a person with a disability who requests to travel with a service dog to control the dog with a leash, tether or harness during travel and to provide

• (a) at the time that the person with a disability makes the reservation with the carrier, a declaration attesting that the service dog has been individually trained by an organization or person specializing in service dog training to perform a task to assist the person with a disability with a need related to their disability; and
• (b) before departure, an identification card or other document that is issued by an organization or person specializing in service dog training that identifies the person with a disability and attests that the service dog has been individually trained by the organization or person to perform a task to assist the person with a disability with a need related to their disability.

Electronic copy

(3) The condition in paragraph (2)(b) is met if the person has provided the card or other document referred to in that paragraph to the carrier for the purpose of a previous request for a service and the carrier has retained an electronic copy of it.

Additional space for service dog

(4) If, because of the size of the service dog, the passenger seat of the person with a disability does not provide sufficient floor space for the service dog to lie down at the person’s feet in a manner that ensures the safety and well-being of the dog and the person, the carrier must provide to the person any passenger seat adjacent to their passenger seat that is needed to provide sufficient floor space for the service dog.

Additional Passenger Seat

Duty to provide additional seating space

52 On the request of a person with a disability who needs more than one passenger seat because of the nature of their disability, the carrier must provide to the person any passenger seat adjacent to their passenger seat that is needed by the person.

Allergy Buffer Zone

Duty to establish buffer zone

53 (1) On the request of a person who has a disability due to a severe allergy, a carrier must ensure that a buffer zone is established around the passenger seat of the person to assist them in avoiding the risk of exposure to the allergen by taking the following measures:

• (a) providing the person with a passenger seat that is in a bank of seats other than the bank of seats in which the source of the allergen is located and other than the bank of seats facing that bank of seats; and
• (b) notifying the passengers who are sitting in the same bank of seats as the person that a passenger with a severe allergy is present and informing them of the allergen.

Definition of bank of seats

(2) In this section, bank of seats means passenger seats that are immediately adjacent to each other and does not include passenger seats that are across the aisle.

Communication of Information

Reservations — identification of needs

54 (1) If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must engage in a dialogue with the person for the purpose of identifying their needs in relation to their disability and the services offered by the carrier in relation to those needs.

Reservations — bus

(2) If a person with a disability identifies the nature of their disability when making a reservation with a bus carrier, the bus carrier must

• (a) provide information about any stops and transfer points; and
• (b) advise the person in advance if the route does not have a regularly scheduled stop at a rest stop that has a washroom that accommodates a person using a mobility aid and any support person and offer the person their choice of alternative rest stops on the route.

Accessible seats or cabins

55 If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must

• (a) before assigning a passenger seat or cabin to a person with a disability, inform the person of the passenger seats and cabins that are available in the class of service that the person has requested and that have equipment and facilities that best meet the accessibility needs of that person, such as a wheelchair-accessible washroom or a passenger seat that has additional leg room, a larger seat pitch or movable armrests; and
• (b) in assigning a passenger seat or cabin to a person with a disability, take into account the person’s opinion with respect to which seats or cabins would best meet the accessibility needs of that person.

Mobility aids — maximum weight and dimensions

56 A carrier must publish, including on its website, information about the maximum weight and dimensions of mobility aids that each make and model of its aircraft, trains, ferries or buses, as the case may be, is capable of transporting.

On-board announcements

57 A carrier must, on the request of a person with a disability, ensure that any public announcement that is made on board is made in an audio format or a visual format.

Procedures Applicable to Requests for Services

Written confirmation of services

58 If a carrier is required by this Part to provide a service to a person with a disability, the carrier must, without delay, indicate in the record of a person’s travel reservation the services that the carrier will provide to the person and include a written confirmation of the services in the itinerary that is issued to the person and, if a service is confirmed only after the itinerary is issued, the carrier must, without delay, provide a written confirmation of the service.

Retention of electronic copies

59 If, on the request of a carrier, a person with a disability provides the carrier with information, including personal health information, in relation to a request for a service referred to in this Part, the carrier must offer to retain an electronic copy of that information for a period of at least three years for the purpose of permitting the carrier to use that information if the person makes another request for a service.

Refusal of Transportation

Prohibition

60 (1) It is prohibited for a carrier to refuse to transport a person with a disability unless the transportation of the person would impose an undue hardship on the carrier.

Explanation of refusal

(2) If a carrier refuses to transport a person with a disability, the carrier must, at the time of the refusal, inform the person of the carrier’s reasons for the refusal and, not later than 10 days after the day of the refusal, provide the person with a written notice setting out the reasons for the refusal, including the following:

• (a) the evidence of undue hardship, such as an engineering report, a medical report or an expert opinion that demonstrates that the risk is significant enough that it would be unreasonable to waive or modify a requirement;
• (b) any relevant rule, policy or procedure or regulation; and
• (c) the duration of the refusal and the conditions, if any, under which the carrier would accept the person for transport.

Damaged, Destroyed or Lost Mobility Aids

Duty of carrier

61 If the mobility aid of a person with a disability is not retained by the person during transport and it is damaged, destroyed or lost during transport or is not made available to the person at the time of their arrival at their destination, the carrier must, without delay and at the carrier’s own expense,

• (a) provide them with a temporary replacement mobility aid that meets their needs in relation to their mobility and that they are permitted to use until their mobility aid is returned to them or is repaired or replaced or until they are reimbursed by the carrier for the loss of the mobility aid;
• (b) reimburse the person for any expenses they have incurred because the mobility aid was damaged, destroyed or lost or because it was not made available to them at the time of their arrival at their destination;
• (c) in the case of a damaged mobility aid, arrange for the repair of the mobility aid and promptly return it to the person or, in the case of a damaged mobility aid that cannot be adequately repaired,
  • (i) replace the damaged mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the damaged mobility aid and that meets the person’s needs in relation to their mobility, or
  • (ii) reimburse the person for the full replacement cost of the mobility aid; and
• (d) in the case of a destroyed mobility aid or a mobility aid that is not made available to the person at the time of their arrival at their destination and that is not returned to them within, in the case of an air carrier, 96 hours after that arrival or, in the case of a train, marine or bus carrier, 72 hours after that arrival,
  • (i) replace the destroyed or lost mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the destroyed or lost mobility aid and that meets the person’s needs in relation to their mobility, or
  • (ii) reimburse the person for the full replacement cost of the mobility aid.

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.

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.

Notice on website

(3) An air carrier that operates an international service must publish, including by publishing on its 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.

Definition

(4) The following definitions apply in this section.

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 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 3

Technical Requirements Applicable to Carriers

DIVISION 1

Air Carriers

Application

Definitions

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

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

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

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

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)

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.

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.

Non-application of sections 77 and 78 — certain aircraft

65 Sections 77 and 78 do not apply to an air carrier in respect of any aircraft that has only one aisle.

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.

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.

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

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.

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

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.

Lift

69 A lift that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft must

• (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and
• (b) be capable of supporting a minimum weight of 363 kg.

Ramp

70 A ramp that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft 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.

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.

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.

On-board wheelchair

72 An on-board wheelchair that is available on an aircraft must have

• (a) footrests, movable armrests, an occupant restraint device and wheel locks;
• (b) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a passenger seat; and
• (c) a seat of a width that permits the wheelchair to be safely and easily manoeuvred on board the aircraft.

Mandatory on-board wheelchair

73 At least one on-board wheelchair must be available on an aircraft that has a wheelchair-accessible washroom.

Passenger seats

74 Passenger seats on an aircraft must be equipped with

• (a) movable armrests on at least 50% of the seats, which seats are evenly distributed throughout the aircraft; and
• (b) a call button that is
  • (i) tactilely discernible and colour-contrasted with its background, and
  • (ii) operable using minimal force.

Tactile row markers

75 Aircraft must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of passenger seats and above the armrests or adjacent to the mechanisms for opening overhead bins.

Passenger safety features cards

76 An aircraft must have available on board

• (a) at least five passenger safety features cards that are in large print and at least five passenger safety features cards that are in Braille; or
• (b) at least one electronic device that provides passenger safety information in an audio and visual format and permits a person with a disability to adjust the volume of the audio output and the size of the font.

Standard washroom

77 A washroom on an aircraft, other than a wheelchair-accessible washroom, must have

• (a) doors that are equipped with handles, pulls, latches, locks and other devices that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist;
• (b) toilets that
  • (i) are equipped with an automated flush control or a flush control that is operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and
  • (ii) have a back support if the toilet has no seat lid;
• (c) faucets that are equipped with
  • (i) handles or other controls that are tactilely discernible unless the water temperature is fixed to eliminate the risk of scalding,
  • (ii) in the case of non-automated faucets, handles or other controls that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and
  • (iii) in the case of automated faucets, a water activation motion sensor that turns the water on automatically when a hand is below the faucet;
• (d) grab bars that
  • (i) are located on a wall beside the toilet,
  • (ii) are rounded, slip-resistant and free of any sharp or abrasive elements,
  • (iii) have an exterior diameter and a clearance from the wall surface to which they are attached that permit them to be easily grasped, and
  • (iv) are capable of supporting a minimum weight of 113.4 kg;
• (e) toilet paper dispensers that are located so as to not interfere with the use of the grab bars;
• (f) soap dispensers that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist; and
• (g) at least one call button or other device for signalling an emergency that
  • (i) is colour-contrasted with its background and identified by tactile and Braille signage, and
  • (ii) is operable using minimal force.

Wheelchair-accessible washroom

78 A wheelchair-accessible washroom on an aircraft must meet the requirements set out in section 77 and must

• (a) have a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using an on-board wheelchair;
• (b) have sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet;
• (c) have sufficient privacy, including with the use of retractable curtains or walls, to allow a support person or service dog to remain in the washroom with a person using the on-board wheelchair; and
• (d) be equipped with faucets that are positioned to be easily usable by a person using an on-board wheelchair.

Mandatory wheelchair-accessible washroom

79 Every washroom on an aircraft must be a wheelchair-accessible washroom, unless the washroom does not have

• (a) a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using an on-board wheelchair; and
• (b) sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet.

On-board entertainment system

80 An on-board entertainment system on an aircraft must be equipped to permit a person with a disability to

• (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and
• (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description, change the language of choice, control the volume and select channels
  • (i) through an interface that meets the requirements for an interface that are set out in Web Content Accessibility Guidelines, or
  • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Pre-existing aircraft

81 (1) If a pre-existing aircraft referred to in subsection 66(4) has an on-board entertainment system that does not offer closed captioning and audio description, the aircraft must be equipped with personal electronic devices in a number that is sufficient to accommodate the number of persons with disabilities who have made a request for such a device.

Personal electronic devices

(2) The personal electronic devices must be pre-loaded with — or the aircraft must provide wireless streaming of — entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content.

Floors

82 The floors of an aircraft must meet the requirements set out in clauses 4.3.1 to 4.3.3 of CSA B651-18.

Tactile attention indicator surfaces

83 Tactile attention indicator surfaces on an aircraft 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.

Signage

84 (1) Signage on an aircraft 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.

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.

Maintenance

85 (1) An aircraft and any related facilities, including any amenities and equipment used in them, that are subject to the requirements of this Division must be in good working order and must be properly maintained.

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 2

Rail Carriers

Application

Rail carriers

86 Unless otherwise specified, this Division applies to every rail carrier that provides a service for the transportation of passengers

• (a) between three or more provinces; or
• (b) between three or more provinces and from a point of origin in Canada to a point of destination in a foreign country.

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.

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.

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.

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.

Non-application — temporary leases

88 This Division does not apply in respect of a train that is leased by a carrier on a short-term basis in order to respond to an emergency or to replace a train that requires repairs due to an unforeseen mechanical failure.

Technical Requirements

Duty of carrier

89 A carrier must ensure that any train that it owns, operates or leases and any related facilities, including any amenities and equipment used in them, meet the requirements of this Division.

Step box

90 A step box that is used to assist a person with a disability to board or disembark from a train 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.

Mandatory step box

91 A rail car 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.

Lift

92 A lift that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a train must

• (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and
• (b) be capable of supporting a minimum weight of 363 kg.

Ramp

93 A ramp that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a train 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.

No level boarding

94 If a rail terminal does not permit level boarding of a train and there is no lift or ramp available at the rail terminal, the train must be equipped with a lift or ramp.

Other stops

95 If a train makes a stop at any place that is not at a terminal and where passengers are permitted to board and disembark, the train must be equipped with a lift or ramp.

Stairs

96 Any stairs that are used to board or disembark from a train, and any interior stairs on a train, 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 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.

On-board wheelchair

97 An on-board wheelchair that is available on a train must have

• (a) footrests, movable armrests, an occupant restraint device and wheel locks;
• (b) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a passenger seat; and
• (c) a seat of a width that permits the wheelchair to be safely and easily manoeuvred on board the train.

Mandatory on-board wheelchairs

98 A train must have available on-board wheelchairs in a number that is equal to at least half of the sum of the number of mobility aid spaces on the train and the number of wheelchair-accessible cabins on the train.

Accessible path of travel

99 (1) A path of travel on a train 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(a) to (d) and 5.1.2 of CSA B651-18.

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.

Aisle width

(3) The aisle width between passenger seats must be sufficient to accommodate an on-board wheelchair.

Mandatory accessible path of travel

100 (1) A train must have a path of travel that is accessible to persons with disabilities and that provides access to, from and between all of the following points on the train:

• (a) any exterior door that is used by passengers to board or disembark;
• (b) any mobility aid space or transfer seat; and
• (c) any wheelchair-accessible washroom.

Wheelchair-accessible area

(2) Any area of a train that is intended for use by a person using a wheelchair, including a wheelchair-accessible cabin or a wheelchair-accessible food service area, must have a path of travel that is accessible to persons with disabilities from that area to any adjacent rail car, if that adjacent rail car contains a mobility aid space, transfer seat or wheelchair-accessible washroom.

Shower facility and cabin

(3) A train must have a path of travel that is accessible to persons with disabilities between a wheelchair-accessible shower facility and a wheelchair-accessible cabin.

Train — diaphragm

101 (1) A diaphragm on a train must

• (a) meet the requirements set out in clauses 5.1.1(a) to (d) of CSA B651-18; and
• (b) have vertical handholds that are located on both sides of the diaphragm.

Definition of diaphragm

(2) In this section, diaphragm means the passageway between rail cars.

Passenger seats

102 Passenger seats on a train must be equipped with

• (a) movable armrests on at least 10% of the seats, which seats are evenly distributed throughout each rail car, except a food service rail car;
• (b) handholds on the back of all aisle passenger seats; and
• (c) if there are call buttons, call buttons that are
  • (i) tactilely discernible and colour-contrasted with their background, and
  • (ii) operable using minimal force.

Tactile row markers

103 Trains must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of passenger seats and above the armrests or adjacent to the mechanisms for opening overhead bins.

Mobility aid space

104 A mobility aid space on a train must

• (a) have a clear floor area of at least 815 mm by 1,650 mm;
• (b) be equipped with a call button that is in a location within the reach of the person who is seated in the mobility aid space, that is tactilely discernible and colour-contrasted with its background and that is operable using minimal force; and
• (c) be equipped with a table or counter for food service which, if located in a food service rail car that contains tables, meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Transfer seat

105 A transfer seat on a train must be equipped with a table or counter for food service.

Mandatory mobility aid space and transfer seat

106 (1) A train must, in each class of service, have at least two adjacent mobility aid spaces and two adjacent transfer seats, as well as a number of additional mobility aid spaces and a number of additional transfer seats equal to one mobility aid space and one transfer seat for every 75 passenger seats.

Maximum of two mobility aid spaces

(2) There must be no more than two mobility aid spaces in each rail car.

Food service rail car

(3) A food service rail car that offers passenger seats must have at least two mobility aid spaces. In the case of a bi-level food service rail car, there must be at least two mobility aid spaces that are located on the lower level of the rail car.

Storage of mobility aids

107 (1) At least one rail car of a train must have a space for the storage of at least one mobility aid.

Protection from damage

(2) A mobility aid must be stored on a train in a manner that protects it from damage, including by using an anchoring system or by placing it in an area that is not intended for use by passengers.

Passenger safety features cards

108 A train must have available on board

• (a) at least five passenger safety features cards that are in large print and at least five passenger safety features cards that are in Braille; or
• (b) at least five electronic devices that provide passenger safety information in an audio and visual format and permit a person with a disability to adjust the volume of the audio output and the size of the font.

Window emergency exits

109 If a rail car is equipped with a window emergency exit, the window emergency exit must be identified by a contrasting colour strip around the perimeter and by tactile and Braille signage.

Standard washroom

110 A washroom on a train, other than a wheelchair-accessible washroom, must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a) and except that
  • (i) the reference to “clause 4.2” in clause 6.2.4.1 must be read as excluding clause 4.2.2,
  • (ii) the reference to “clause 5.2” in clause 6.3.2 must be read as excluding clause 5.2.2, and
  • (iii) the reference to “clause 6.2.3” in clause 6.3.1.1(b) must be read as excluding clauses 6.2.3.1(c) and (d); and
• (b) be equipped with at least two call buttons or two other devices for signalling an emergency that
  • (i) are located such that at least one button or device is not more than 450 mm above the floor and at least one other button or device is 800 mm to 1,100 mm above the floor,
  • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and
  • (iii) are operable using minimal force.

Wheelchair-accessible washroom

111 A wheelchair-accessible washroom on a train must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a);
• (b) provide a clear area of at least 1,500 mm by 1,500 mm; and
• (c) be equipped with at least two call buttons or two other devices for signalling an emergency that meet the requirements set out in paragraph 110(b).

Mandatory wheelchair-accessible washroom

112 (1) Each rail car on a train that has a mobility aid space, except a food service rail car, must have at least one wheelchair-accessible washroom.

Food service rail car

(2) If a food service rail car has one or more washrooms, at least one of them must be a wheelchair-accessible washroom.

Menu display board

113 A menu display board in a food service rail car on a train must

• (a) be positioned at a height that allows it to be easily seen by a person using a wheelchair;
• (b) be positioned to avoid shadow areas and glare and have a glare-free surface;
• (c) be colour-contrasted with its background; and
• (d) meet the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

Counter

114 A counter in a food service rail car on a train must meet the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Location of food service rail car

115 A food service rail car on a train must be adjacent to a rail car that has a mobility aid space or a rail car that has a wheelchair-accessible cabin.

On-board entertainment system

116 An on-board entertainment system on a train must be equipped to permit a person with a disability to

• (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and
• (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description, change the language of choice, control the volume and select channels
  • (i) through an interface that meets the requirements for an interface that are set out in the Web Content Accessibility Guidelines, or
  • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Pre-existing train

117 (1) If a pre-existing train referred to in subsection 87(4) has an on-board entertainment system that does not offer closed captioning and audio description, the train must be equipped with personal electronic devices in a number that is sufficient to accommodate the number of persons with disabilities who have made a request for such a device.

Personal electronic device

(2) The personal electronic devices must be pre-loaded with — or the train must provide wireless streaming of — entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content.

Standard cabin

118 (1) A cabin on a train, other than a wheelchair-accessible cabin, must be equipped with

• (a) operating controls that meet the requirements set out in clause 4.2 of CSA B651-18, except clause 4.2.2;
• (b) doors that meet the requirements set out in clause 5.2 of CSA B651-18, except clauses 5.2.1, 5.2.2 and 5.2.9.2 and except that the reference to “clause 4.2” in clause 5.2.7.1(a) must be read as excluding clause 4.2.2; and
• (c) at least two call buttons or two other devices for signalling an emergency that
  • (i) are located such that at least one is not more than 450 mm above the floor, and at least one other is 800 mm to 1,100 mm above the floor,
  • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and
  • (iii) are operable using minimal force.

Protruding objects

(2) If there are objects that protrude more than 100 mm from the wall in a standard cabin, the objects must be cane-detectable at or below 680 mm from the floor or their undersides must be at a height of at least 2,030 mm from the floor.

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.

Mandatory wheelchair-accessible cabin

120 A train that has cabins must have at least two wheelchair-accessible cabins that are adjacent to each other.

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.

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.

Mandatory wheelchair-accessible shower facility

123 A train that has a standard shower facility must also have at least one wheelchair-accessible shower facility.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 3

Marine Carriers

Application

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

On-board wheelchair

143 An on-board wheelchair that is available on a ferry must have footrests and wheel locks.

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.

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.

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.

Aisle width

(3) The aisle width between passenger seats must be sufficient to accommodate an on-board wheelchair.

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.

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.

Tactile row markers

148 If a marine carrier offers assigned passenger seats to passengers, the assigned passenger seats must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of the seats and above the armrests.

Mobility aid space

149 A mobility aid space on a ferry must

• (a) have a clear floor area of at least 815 mm by 1,650 mm;
• (b) be positioned such that a person using a mobility aid has adequate manoeuvring space to enter it; and
• (c) have a table or counter that meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Transfer seat

150 A transfer seat on a ferry must be equipped with a table or counter for food service.

Mandatory mobility aid space and transfer seat

151 (1) A ferry must, in each passenger seating area, have at least two adjacent mobility aid spaces and two adjacent transfer seats.

Food service and lounge areas

(2) A food service area or a lounge area that offers passenger seats must have at least two adjacent mobility aid spaces.

Storage of mobility aids

152 (1) Each deck of a ferry must have a space for the storage of at least one mobility aid.

Protection from damage

(2) A mobility aid must be stored on a ferry in a manner that protects it from damage, including by using an anchoring system or by placing it in an area that is not intended for use by passengers.

Passenger safety features cards

153 Each passenger deck of a ferry must have available on board

• (a) at least five passenger safety features cards that are in large print and at least five passenger safety features cards that are in Braille; or
• (b) at least one electronic device that provides passenger safety information in an audio and visual format and permits a person with a disability to adjust the volume of the audio output and the size of the font.

Window emergency exits

154 If a ferry is equipped with a window emergency exit, the window emergency exit must be identified by a contrasting colour strip around the perimeter and by tactile and Braille signage.

Standard washroom

155 A washroom on a ferry, other than a wheelchair-accessible washroom, must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a) and except that
  • (i) the reference to “clause 4.2” in clause 6.2.4.1 must be read as excluding clause 4.2.2,
  • (ii) the reference to “clause 5.2” in clause 6.3.2 must be read as excluding clause 5.2.2, and
  • (iii) the reference to “clause 6.2.3” in clause 6.3.1.1(b) must be read as excluding clauses 6.2.3.1(c) and 6.2.3.1(d); and
• (b) be equipped with at least two call buttons or two other devices for signalling an emergency that
  • (i) are located such that at least one button or device is not more than 450 mm above the floor and at least one other button or device is 800 mm to 1,100 mm above the floor,
  • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and
  • (iii) are operable using minimal force.

Wheelchair-accessible washroom

156 A wheelchair-accessible washroom on a ferry must

• (a) meet the requirements set out in clause 6.3 of CSA B651-18, except clause 6.3.1.1(a);
• (b) provide a clear area of at least 1,500 mm by 1,500 mm; and
• (c) be equipped with at least two call buttons or two other devices for signalling an emergency that meet the requirements set out in paragraph 155(b).

Mandatory wheelchair-accessible washroom

157 If a deck, a food service area or a lounge area of a ferry has one or more washrooms, at least one of them must be a wheelchair-accessible washroom.

Menu display board

158 A menu display board in a food service area on a ferry must

• (a) be positioned at a height that allows it to be easily seen by a person using a wheelchair;
• (b) be positioned to avoid shadow areas and glare and have a glare-free surface;
• (c) be colour-contrasted with its background; and
• (d) meet the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

Counter

159 A counter in a food service area or a lounge area on a ferry must meet the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18.

Table

160 At least 5% of the total number of tables in a food service area or lounge area on a ferry must be identified by the International Symbol of Access and meet the requirements set out in clauses 6.7.1.1 to 6.7.1.3 of CSA B651-18.

Food service counter

161 (1) In a food service area or a lounge area on a ferry, a handrail must be provided along the side of a food-service counter and the floor area adjacent to the counter must meet the requirements set out in clauses 4.4.2, 5.1.1 and 5.1.2 of CSA B651-18.

Lineup guide

(2) Lineup guides in a food service area or a lounge area on a ferry must meet the requirements set out in clause 5.1.3 of CSA B651-18.

Service counter

162 A counter that is used for serving passengers on a ferry, except a food-service counter referred to in subsection 161(1), must

• (a) have at least one section that meets the requirements set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-18;
• (b) be free of any object that could impede verbal or visual communications between a passenger and a member of personnel; and
• (c) have a glare-free surface and be colour-contrasted with its background.

On-board entertainment system

163 An on-board entertainment system on a ferry must be equipped to permit a person with a disability to

• (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and
• (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description, change the language of choice, control the volume and select channels
  • (i) through an interface that meets the requirements for an interface that are set out in the Web Content Accessibility Guidelines, or
  • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Pre-existing ferry

164 (1) If a pre-existing ferry referred to in subsection 135(4) has an on-board entertainment system that does not offer closed captioning and audio description, the ferry must be equipped with personal electronic devices in a number that is sufficient to accommodate the number of persons with disabilities who have made a request for such a device.

Personal electronic device

(2) The personal electronic devices must be pre-loaded with — or the ferry must provide wireless streaming of — entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content.

Standard cabin

165 (1) A cabin on a ferry, other than a wheelchair-accessible cabin, must be equipped with

• (a) operating controls that meet the requirements set out in clause 4.2 of CSA B651-18, except clause 4.2.2;
• (b) doors that meet the requirements set out in clause 5.2 of CSA B651-18, except clauses 5.2.1, 5.2.2 and 5.2.9.2 and except that the reference to “clause 4.2” in clause 5.2.7.1(a) must be read as excluding clause 4.2.2; and
• (c) at least two call buttons or two other devices for signalling an emergency that
  • (i) are located such that at least one button or device is not more than 450 mm above the floor and at least one other button or device is 800 mm to 1,100 mm above the floor,
  • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and
  • (iii) are operable using minimal force.

Protruding object

(2) If there are objects that protrude more than 100 mm from the wall in a standard cabin, the objects must be cane-detectable at or below 680 mm from the floor or their undersides must be at a height of at least 2,030 mm from the floor.

Wheelchair-accessible cabin

166 A wheelchair-accessible cabin on a ferry 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 standards 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 165(1)(c); and
• (f) be adjacent to a wheelchair-accessible washroom or be near a wheelchair-accessible washroom on the same deck.

Mandatory wheelchair-accessible cabin

167 At least five percent of the total number of cabins on the ferry must be wheelchair-accessible and at least two of the wheelchair-accessible cabins must be adjacent to each other.

Standard shower facility

168 A shower facility on a ferry, 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.

Wheelchair-accessible shower facility

169 A wheelchair-accessible shower facility on a ferry 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 on the same deck as a wheelchair-accessible cabin.

Mandatory wheelchair-accessible shower facility

170 A ferry that has a standard shower facility must also have at least one wheelchair-accessible shower facility.

Interior door and doorway

171 (1) An interior door and doorway on a ferry must meet the requirements set out in clauses 5.2.1 and 5.2.6 to 5.2.8 of CSA B651-18.

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 that 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.

Exterior door

172 An exterior door on a ferry 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 ferry, 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.

Handrails

173 Handrails on a ferry must meet the requirements set out in clauses 5.3.1 and 5.3.2 of CSA B651-18.

Floors

174 The floors of a ferry must meet the requirements set out in clauses 4.3.1 to 4.3.3 of CSA B651-18.

Tactile attention indicator surfaces

175 Tactile attention indicator surfaces on a ferry 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.

Operating controls

176 Operating controls on a ferry 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.

Signage

177 (1) Signage on a ferry, other than a menu display board referred to in section 158, must

• (a) indicate any services, facilities, amenities or equipment that are offered and of 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.

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.

Designated relief areas

178 (1) A ferry on which passengers are travelling for four consecutive hours or more must have a designated area for service dogs to relieve themselves that a person with a disability may reach by means of a path of travel that is accessible to persons with disabilities and that is

• (a) identified by tactile and Braille signage; and
• (b) cleaned and maintained on a regular basis.

Signage

(2) The ferry must have signage that indicates the direction to follow in order to access a designated relief area.

Elevator

179 A ferry that has more than one deck must have at least one elevator that

• (a) provides service from a vehicle deck to all passenger decks, except to a deck that does not have a housing to protect the elevator from the weather; and
• (b) meets the requirements set out in clause 5.6.1 of CSA B651-18.

Non-operational elevator

180 Each elevator on a ferry must have signage that warns passengers that the elevator may not be operational when the ferry’s roll exceeds the safe operating criteria established by the manufacturer of the elevator.

Alarm system

181 If a ferry is equipped with an alarm system, including in a cabin, the alarm system must provide 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.

Maintenance

182 (1) A ferry 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.

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 4

Bus Carriers

Application

Bus carriers

183 Unless otherwise specified, this Division applies to 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.

Non-application — certain buses

184 This Division does not apply to a bus carrier in respect of any bus that has a maximum carrying capacity of not more than 39 passengers.

Pre-existing buses

185 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 199 and 205, do not apply to a pre-existing bus.

Clarification — portable equipment

(2) Sections 188 and 189 apply to a pre-existing bus with respect to any lift, ramp or bridge plate that is portable and not integrated with the pre-existing bus.

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 bus, 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 bus or of the amenity or equipment are unalterable;
• (b) the structural integrity or safe operation of the bus or of the amenity or equipment would be materially affected; or
• (c) the principal purpose of the amenity or equipment would be fundamentally altered.

Definition of pre-existing bus

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

Non-application — temporary leases

186 This Division does not apply in respect of a bus that is leased by a carrier on a short-term basis in order to respond to an emergency or to replace a bus that requires repairs due to an unforeseen mechanical failure.

Technical Requirements

Duty of carrier

187 A carrier must ensure that any bus 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.

Lift

188 A lift that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a bus must

• (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and
• (b) be capable of supporting a minimum weight of 272 kg.

Ramp or bridge plate

189 A ramp or bridge plate that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from a bus 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 272 kg.

No level boarding

190 If a bus terminal does not permit level boarding of a bus and there is no lift, ramp or bridge plate available at the bus terminal, the bus must be equipped with a lift, ramp or bridge plate.

Other stops

191 If a bus makes a stop at any place that is not at a terminal and where passengers are permitted to board and disembark, the bus must be equipped with a lift, ramp or bridge plate.

Stairs

192 Any stairs that are used to board or disembark from a bus, and any interior stairs on a bus, 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;
• (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; and
• (d) be equipped with lighting that accentuates the steps and handrails.

Passenger seats

193 Passenger seats on a bus must be equipped with

• (a) movable armrests on all aisle and middle passenger seats;
• (b) handholds on the back of all aisle passenger seats; and
• (c) if there are call buttons, call buttons that are
  • (i) tactilely discernible and colour-contrasted with their background, and
  • (ii) operable using minimal force.

Tactile row markers

194 A bus must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of passenger seats and above the armrests or adjacent to the mechanisms for opening overhead bins.

Priority seats for persons with disabilities

195 The first row of passenger seats on each side of a bus must be designated as priority seats for persons with disabilities and there must be signage that indicates that a person, other than a person with a disability, must vacate a priority seat if the seat is needed by a person with a disability.

Mobility aid space

196 A mobility aid space on a bus must have a clear floor area of at least 1,220 mm by 760 mm.

Mandatory mobility aid space

197 A bus must have at least two mobility aid spaces.

Storage of mobility aid

198 A bus must have a baggage compartment that allows for the storage of at least two mobility aids, each of which weighing no more than 227 kg and having a width of no more than 1,092 mm, a height of not more than 736 mm (with the seat and steering column collapsed) and a length of not more than 2,260.6 mm.

Passenger safety features cards

199 A bus that has any passenger safety features cards available on board must have

• (a) at least two passenger safety features cards that are in large print and at least two passenger safety features cards that are in Braille; or
• (b) at least one electronic device that provides passenger safety information in an audio and visual format and permits a person with a disability to adjust the volume of the audio output and the size of the font.

Window emergency exits

200 If a bus is equipped with a window emergency exit, the window emergency exit must be identified by a contrasting colour strip around the perimeter and by tactile and Braille signage.

Standard washroom

201 A washroom on a bus, other than a wheelchair-accessible washroom, must have

• (a) doors that are equipped with handles, pulls, latches, locks and other devices that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist ;
• (b) toilets that
  • (i) are equipped with an automated flush control or a flush control that is operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and
  • (ii) have a back support if the toilet has no seat lid;
• (c) faucets that are equipped with
  • (i) handles or other controls that are tactilely discernible, unless the water temperature is fixed to eliminate the risk of scalding,
  • (ii) in the case of non-automated faucets, handles or other controls that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and
  • (iii) in the case of automated faucets, a water activation motion sensor that turns the water on automatically when a hand is below the faucet;
• (d) grab bars that
  • (i) are located on a wall beside the toilet,
  • (ii) are rounded, slip-resistant and free of any sharp or abrasive elements,
  • (iii) have an exterior diameter and a clearance from the wall surface to which they are attached that permit them to be easily grasped, and
  • (iv) are capable of supporting a minimum weight of 113.4 kg;
• (e) toilet paper dispensers that are located so as to not interfere with the use of the grab bars;
• (f) soap dispensers that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist; and
• (g) at least one call button or other device for signalling an emergency that
  • (i) is colour-contrasted with its background and identified by tactile and Braille signage, and
  • (ii) is operable using minimal force.

Wheelchair-accessible washroom

202 A wheelchair-accessible washroom on a bus must meet the requirements set out in section 201 and must

• (a) have a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using a wheelchair;
• (b) have sufficient space to allow a person, with assistance, to transfer to and from a wheelchair and the toilet;
• (c) have sufficient privacy, including with the use of retractable curtains or walls, to allow a support person or service dog to remain in the washroom with a person using a wheelchair; and
• (d) be equipped with faucets that are positioned to be easily usable by a person using a wheelchair.

Mandatory wheelchair-accessible washroom

203 Every washroom on a bus must be a wheelchair-accessible washroom, unless the washroom does not have

• (a) a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using a wheelchair; and
• (b) sufficient space to allow a person, with assistance, to transfer to and from a wheelchair and the toilet.

On-board entertainment system

204 An on-board entertainment system on a bus must be equipped to permit a person with a disability to

• (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and
• (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description functions, change the language of choice, control the volume and select channels
  • (i) through an interface that meets the requirements for an interface that are set out in the Web Content Accessibility Guidelines, or
  • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Pre-existing bus

205 (1) If a pre-existing bus referred to in subsection 185(4) has an on-board entertainment system that does not offer closed captioning and audio description, the bus must be equipped with personal electronic devices in a number that is sufficient to accommodate the number of persons with disabilities who have made a request for such a device.

Personal electronic devices

(2) The personal electronic devices must be pre-loaded with — or the bus must provide wireless streaming of — entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content.

Grab bars, handholds and stanchions

206 Grab bars, handholds and stanchions on a bus must

• (a) be sturdy, rounded and free of any sharp or abrasive element;
• (b) have an exterior diameter and a clearance from the surface to which they are attached that permit them to be easily grasped;
• (c) be colour-contrasted with their background;
• (d) have a slip-resistant surface;
• (e) be located
  • (i) where passengers are required to pay fares or show proof of payment,
  • (ii) close to mobility aid spaces,
  • (iii) in priority seating areas, and
  • (iv) on each side of a door;
• (f) be evenly distributed throughout the bus to assist persons with disabilities to safely board and disembark and to sit and stand;
• (g) be located so as to not interfere with the turning and manoeuvring space that may be required by a person using a mobility aid to access a mobility aid space; and
• (h) if they are located at a door, be within the reach of a person standing at ground level and installed in a manner that ensures that they are inside the bus when the doors are closed.

Floors

207 The floors of a bus must meet the requirements set out in clauses 4.3.1 to 4.3.3 of CSA B651-18.

Tactile attention indicator surfaces

208 Tactile attention indicator surfaces on a bus 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.

Operating controls

209 Operating controls on a bus 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.

Signage

210 (1) Signage on a bus must

• (a) indicate any services, facilities, amenities or equipment that are offered and of 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.

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.

Maintenance

211 (1) A bus 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.

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.

PART 4

Requirements Applicable to Terminal Operators

DIVISION 1

Service Requirements

Application

212 Unless otherwise specified, this Division applies to every terminal operator who is the owner, operator or lessee of

• (a) an airport that is located in the national capital or a provincial capital or where at least 200,000 passengers emplaned and deplaned during each of the two preceding calendar years;
• (b) a rail terminal that serves a rail carrier referred to in paragraph 25(1)(b);
• (c) a ferry terminal that serves a marine carrier referred to in paragraph 25(1)(c); or
• (d) a bus terminal that serves a bus carrier referred to in paragraph 25(1)(d).

Non-application — certain terminals

213 This Division does not apply in respect of a terminal where the number of members of personnel who work at the terminal is, on average, fewer than 10, calculated on the basis of the daily average during each of the two preceding calendar years.

Prohibition — no charge for required services

214 It is prohibited for a terminal operator to impose a charge or fee for any service that the terminal operator is required by this Part to provide to any person.

Communication of information

215 A terminal operator must publish, including on its website, information about the services or facilities available at the terminal for persons with disabilities, including information about

• (a) the curbside zone, including where the curbside zone is located and how to request assistance to or from the curbside zone;
• (b) ground transportation from the terminal that is accessible to persons with disabilities, including whether a vehicle that is capable of carrying a non-folding or non-collapsible mobility aid is available;
• (c) the location of designated areas for service dogs to relieve themselves;
• (d) transportation between facilities within a terminal that is accessible to persons with disabilities; and
• (e) wheelchair and electric cart services.

Assistance for persons with disabilities

216 (1) A terminal operator must, on the request of a person with a disability, provide the following services to the person without delay:

• (a) assisting the person with their baggage or assisting with a wheelchair, including by providing a wheelchair if needed by the person;
• (b) assisting the person to proceed between the general public area and the curbside zone; and
• (c) assisting the person to proceed between the curbside zone and the check-in area or, if there is no check-in area, between the curbside zone and a representative of a carrier.

Exception

(2) However, a terminal operator is not required to provide a person with any assistance referred to in subsection (1) if a carrier is already providing that person with that assistance.

Service provider for ground transportation

217 (1) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of ground transportation from the terminal, including by taxi, limousine, bus or rental vehicle, the terminal operator must ensure that the service provider provides transportation that is accessible to persons who are travelling with a mobility aid or any other assistive device or with a service dog, including transportation with vehicles that are capable of carrying non-folding or non-collapsible mobility aids.

Rental vehicles

(2) If a terminal operator enters into an agreement or arrangement with any service provider for the provision of rental vehicles from the terminal, the terminal operator must ensure that the service provider provides rental vehicles that are equipped with hand-control systems.

DIVISION 2

Technical Requirements

Application

218 Unless otherwise specified, this Division applies to every terminal operator referred to in section 212 and to every terminal operator who is the owner, operator or lessee of a port that permits the mooring of cruise ships.

Non-application – certain areas or facilities

219 This Division does not apply in respect of any area or any facility of a terminal that

• (a) is not intended for use by the public;
• (b) is not under the control of the terminal operator; or
• (c) is a commercial establishment.

Pre-existing terminals

220 (1) Subject to subsection (2), sections 222, 226, 228 and 230 do not apply to a pre-existing terminal.

Modifications

(2) If a terminal operator 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 terminal, the terminal operator must ensure that the modified amenity or equipment meets the requirements of sections 222, 226, 228 and 230, except in the following circumstances:

• (a) the dimensions of the terminal or of the amenity or equipment are unalterable;
• (b) the structural integrity or safe operation of the terminal 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) the Heritage Railway Stations Protection Act or any other Act of Parliament related to heritage protection would be contravened.

Definition of pre-existing terminal

(3) In this section, a pre-existing terminal means a terminal

• (a) in respect of which the terminal operator became the owner, operator or lessee before the day on which this section comes into force; or
• (b) in respect of which the terminal operator became the owner, operator or lessee on or after the day on which this section comes into force if the terminal operator submitted the call for tenders for the purchase, lease or construction of that terminal before the day on which this section comes into force.

Duty of terminal operator

221 A terminal operator must ensure that any terminal that it owns, operates or leases and any related facilities, including any amenities or equipment used in them, meet the requirements set out in this Division.

Terminal — requirements

222 A terminal must meet the requirements set out in CSA B651-18, excluding clauses 5.6.2, 6.5.6, 6.6.2.2, 6.6.2.7.1, 6.7.3, 7 and 8.5 and all Annexes, commentary and figures.

Lift, ramp or stairs — requirements

223 A lift, ramp or stairs that are used at a terminal for the boarding or disembarkation of persons with disabilities must meet the requirements for a lift, ramp or stairs, as the case may be, that are set out in section 69, section 70 or subsection 71(1).

No level boarding — airports

224 In the case of an airport, if the terminal does not permit level boarding of an aircraft, the terminal must be equipped with a lift, a ramp or portable stairs.

Wheelchairs

225 (1) A terminal must have wheelchairs available for use by passengers in a number that is sufficient to accommodate the number of persons with disabilities who are likely to use them at any one time.

Requirements

(2) A wheelchair that is available for use by passengers at a terminal must have

• (a) footrests and wheel locks; and
• (b) in the case of a wheelchair used for boarding,
  • (i) movable armrests and an occupant restraint device, and
  • (ii) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a seat.

Seats

226 A terminal must have

• (a) seats that are located along paths of travel at regular intervals of approximately 30 m; and
• (b) in every boarding area, designated priority seats for persons with disabilities that
  • (i) are located so as to be close to members of personnel who are stationed at the boarding gate,
  • (ii) are located so as to permit them to view screens or other boards that display information relating to departures or gate or track assignments, and
  • (iii) are marked with signage that specifies that persons with disabilities have priority access.

Designated relief area

227 (1) A designated area for service dogs to relieve themselves must

• (a) be identified by tactile and Braille signage; and
• (b) be cleaned and maintained on a regular basis.

Signage

(2) The terminal must have signage that indicates the direction to follow in order to access a designated relief area for service dogs.

Designated relief area outside terminal

(3) A terminal must have a designated area for service dogs to relieve themselves that is located outside of the terminal and that a person with a disability may reach from the terminal by means of a path of travel that is accessible to persons with disabilities.

Direct access from restricted area

(4) A terminal must have a designated area for service dogs to relieve themselves that a person with a disability may reach, from the area of the terminal into which access is strictly controlled, by means of a path of travel that is accessible to persons with disabilities and that does not require the person to exit and re-enter that area.

Light-rail trains and shuttle buses

228 Sections 90 to 93, 96, 102, 109, 127 to 130, 190, 195, 197 and 206 apply, with any modifications that the circumstances require, in respect of any light-rail train and any shuttle bus that operates between any facilities of a terminal.

Obstruction due to repairs or maintenance

229 If there is any object that is obstructing a path of travel inside or outside of a terminal because of repairs or maintenance, it must be detectable by a person using a cane.

Non-accessible path of travel

230 If a path of travel inside or outside of a terminal is not accessible to a person with a disability, including because there are stairs or escalators, there must be an alternative path of travel that is accessible to persons with disabilities and that allows them to access the desired service or reach the desired destination.

Maintenance

231 (1) A terminal or any related facility that is subject to any requirement under this Division — including a shuttle bus or a light-rail train that operates between any facilities of a terminal — must be in good working order and properly maintained.

Repairs

(2) If any facilities that are referred to in subsection (1), including any amenities or equipment used in those facilities, 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.

PART 5

Requirements Applicable to CATSA and CBSA

Security Screening

Services to assist persons with disabilities

232 During the security screening process, CATSA must, on the request of a person with a disability, provide the following services without delay:

• (a) expediting the security screening process by directing the person, and any support person travelling with them, to the front of a line or to any other line that is intended to expedite the security screening process;
• (b) permitting a representative of an air carrier or an individual with a security pass issued by an air carrier or the airport to accompany the person through the security screening checkpoint;
• (c) assisting the person with proceeding through the steps of the security screening process, including by providing verbal or visual cues or additional instructions; and
• (d) assisting the person with the placement of carry-on baggage and personal items on a screening belt and with their retrieval.

Assistive device, support person or service dog

233 (1) CATSA must, when screening a person with a disability who uses an assistive device or who is travelling with a support person or a service dog, make a reasonable effort to carry out the screening simultaneously with the screening of the person’s assistive device, support person or service dog, as the case may be.

Separate screening of assistive device

(2) If CATSA removes an assistive device from a person with a disability for a separate screening, CATSA must immediately return the assistive device to the person after it has been screened.

Separate screening of mobility aid

(3) If CATSA removes an assistive device that is a mobility aid from a person with a disability for a separate screening, CATSA must offer a chair to the person while the mobility aid is being screened.

Border Clearance

Services to assist persons with disabilities

234 During the border clearance process, the CBSA must, on the request of a person with a disability, provide the following services without delay:

• (a) expediting the border clearance process by directing the person, and any support person travelling with them, to the front of the line or to any other line that is intended to expedite the border clearance process;
• (b) assisting the person with proceeding through the steps of the border clearance process, including by providing verbal or visual cues or additional instructions;
• (c) assisting the person to complete a declaration card or by collecting a verbal declaration; and
• (d) assisting the person with the placement of personal items on a counter for inspection and with their retrieval, if the person must undergo more extensive clearance.

Signage

Requirements

235 (1) In any areas of a terminal that are used for the purposes of security screening or border clearance of passengers, CATSA and the CBSA must, with respect to any signage that is under their respective control, ensure that the signage

• (a) is located at strategic points throughout those areas, such as close to washrooms and exits;
• (b) is positioned to avoid shadow areas and glare and have a glare-free surface;
• (c) is colour-contrasted with its background; and
• (d) except in the case of electronic signage, meets the requirements set out in clauses 4.5.3 to 4.5.7 of CSA B651-18.

Electronic signage

(2) CATSA and the CBSA must ensure that electronic signage

• (a) has 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) meets the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

PART 6

Administrative Monetary Penalties

Designation

236 The provisions of these Regulations set out in column 1 of Schedule 2 are designated for the purposes of subsection 177(1) of the Act as provisions the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 of the Act.

Maximum amount of penalty

237 The maximum amount payable in respect of each contravention of a provision set out in column 1 of Schedule 2 is the amount

• (a) in the case of a corporation, set out in column 2; and
• (b) in the case of an individual, set out in column 3.

PART 7

Amendments to these Regulations, Consequential Amendments and Coming into Force

Amendments to these Regulations

238 (1) The definitions barrier and disability in subsection 1(1) of these Regulations are repealed.

(2) Subsection 1(3) of these Regulations is repealed.

239 Part 6 of these Regulations is repealed.

240 Schedule 2 to these Regulations is repealed.

Consequential Amendments

Air Transportation Regulations

241 Subsection 146(1) of the Air Transportation Regulations ^{footnote 1} is replaced by the following:

146 (1) This Part applies to an air carrier in respect of any domestic service operated by the air carrier with an aircraft that has 30 or more passenger seats, other than any air carrier that is subject to Part 2 of the Accessible Transportation for Persons with Disabilities Regulations.

Personnel Training for the Assistance of Persons with Disabilities Regulations

242 The Personnel Training for the Assistance of Persons with Disabilities Regulations ^{footnote 2} are amended by adding the following after section 3:

3.1 Despite section 3, these Regulations do not apply to any carrier or terminal operator that is subject to Part 1 of the Accessible Transportation for Persons with Disabilities Regulations.

Coming into Force

One year after registration

243 (1) Subject to subsections (2) to (4), these Regulations come into force on the first anniversary of the day on which they are registered.

Two years after registration

(2) Sections 72, 73, 97, 98, 143, 144, and 225 and subsection 227(4) come into force on the second anniversary of the day on which these Regulations are registered.

Three years after registration

(3) Sections 11, 69, 70, 92 to 95, 140, 141, 188, 189, 190, 191, 223 and 224 come into force on the third anniversary of the day on which these Regulations are registered.

Accessible Canada Act

(4) If Bill C-81, introduced in the 1st session of the 42nd Parliament and entitled the Accessible Canada Act, receives royal assent, then sections 238 to 240 of these Regulations come into force on the day on which section 169 of that Act comes into force.

SCHEDULE 1

(Section 23)

Training Program Information

(Name, address and description of transportation service provider)

Date:

• 1 Name and title of person responsible for managing the training program for the transportation service provider.
• 2 List of the occupational categories of members of personnel who must complete the training program under the Regulations (specify):
  • (a) occupational categories of members of personnel who interact with the public;
  • (b) occupational categories of members of personnel who participate in making decisions or developing policies or procedures in relation to the requirements of these Regulations;
  • (c) occupational categories of members of personnel who provide physical assistance;
  • (d) occupational categories of members of personnel who handle mobility aids; and
  • (e) occupational categories of members of personnel who use, or assist a person with a disability in using, special equipment.
• 3 Description of the subject matter covered in the training program.
• 4 Description of the principal teaching methods and the types of educational and support materials used in the training program.
• 5 Number of hours of training provided to members of personnel in the initial training program.
• 6 Average period between a member of personnel’s assumption of their functions and the initial training program.
• 7 Frequency and nature of refresher training programs and the number of hours of refresher training provided to members of personnel.
• 8 Qualifications and title of any person who provides the initial training and refresher training programs.
• 9 Means used to consult persons with disabilities in the development of the training program and the principal teaching methods.
• 10 Means used to ensure that members of personnel receive training that is suitable to the requirements of their functions and that provides an adequate level of knowledge and skills to carry out those functions.
• 11 Means used to ensure that members of personnel complete the initial training and refresher training programs within the timelines that are specified by these Regulations.
• 12 Means used to record and monitor the completion of the initial training and refresher training programs by each member of personnel, including the dates on which the initial training and refresher training programs were completed.
• 13 If the transportation service provider enters into any agreement or arrangement with a person for the provision of transportation-related services or facilities, a list of the transportation-related services or facilities that are provided under each agreement or arrangement.

(Signature, name and title of authorized representative of transportation service provider)

SCHEDULE 2

(Sections 236 and 237)

Designated Provisions

Item	Column 1 Provision	Column 2 Maximum Amount Payable — Corporation ($)	Column 3 Maximum Amount Payable — Individual ($)
1	Subsection 4(1)	25,000	5,000
2	Subsection 4(2)	25,000	5,000
3	Section 5	25,000	5,000
4	Section 6	25,000	5,000
5	Section 7	25,000	5,000
6	Section 8	25,000	5,000
7	Section 9	25,000	5,000
8	Subsection 10(1)	25,000	5,000
9	Subsection 10(2)	25,000	5,000
10	Subsection 11(1)	25,000	5,000
11	Subsection 11(2)	25,000	5,000
12	Section 12	25,000	5,000
13	Section 13	25,000	5,000
14	Subsection 14(1)	25,000	5,000
15	Subsection 14(2)	25,000	5,000
16	Section 15	25,000	5,000
17	Subsection 16(1)	25,000	5,000
18	Subsection 16(2)	25,000	5,000
19	Section 17	25,000	5,000
20	Section 18	25,000	5,000
21	Subsection 19(1)	25,000	5,000
22	Subsection 20(1)	25,000	5,000
23	Subsection 20(2)	25,000	5,000
24	Section 21	25,000	5,000
25	Section 22	25,000	5,000
26	Subsection 23(1)	25,000	5,000
27	Subsection 23(2)	25,000	5,000
28	Subsection 23(3)	25,000	5,000
29	Subsection 26(3)	25,000	5,000
30	Subsection 31(1)	25,000	5,000
31	Subsection 32(1)	25,000	5,000
32	Subsection 32(2)	25,000	5,000
33	Subsection 32(4)	25,000	5,000
34	Subsection 33(2)	25,000	5,000
35	Subsection 34(1)	25,000	5,000
36	Section 35	25,000	5,000
37	Subsection 36(1)	25,000	5,000
38	Subsection 36(2)	25,000	5,000
39	Section 37	25,000	5,000
40	Section 38	25,000	5,000
41	Section 39	25,000	5,000
42	Subsection 40(1)	25,000	5,000
43	Subsection 40(2)	25,000	5,000
44	Subsection 41(1)	25,000	5,000
45	Section 42	25,000	5,000
46	Section 43	25,000	5,000
47	Section 48	25,000	5,000
48	Section 49	25,000	5,000
49	Subsection 50(1)	25,000	5,000
50	Subsection 50(2)	25,000	5,000
51	Subsection 51(1)	25,000	5,000
52	Subsection 51(4)	25,000	5,000
53	Section 52	25,000	5,000
54	Subsection 53(1)	25,000	5,000
55	Subsection 54(1)	25,000	5,000
56	Subsection 54(2)	25,000	5,000
57	Section 55	25,000	5,000
58	Section 56	25,000	5,000
59	Section 57	25,000	5,000
60	Section 58	25,000	5,000
61	Section 59	25,000	5,000
62	Subsection 60(1)	25,000	5,000
63	Subsection 60(2)	25,000	5,000
64	Section 61	25,000	5,000
65	Subsection 62(1)	25,000	5,000
66	Subsection 62(2)	25,000	5,000
67	Subsection 62(3)	25,000	5,000
68	Subsection 66(3)	25,000	5,000
69	Section 68	25,000	5,000
70	Section 69	25,000	5,000
71	Section 70	25,000	5,000
72	Subsection 71(1)	25,000	5,000
73	Section 72	25,000	5,000
74	Section 73	25,000	5,000
75	Section 74	25,000	5,000
76	Section 75	25,000	5,000
77	Section 76	25,000	5,000
78	Section 77	25,000	5,000
79	Section 78	25,000	5,000
80	Section 79	25,000	5,000
81	Section 80	25,000	5,000
82	Subsection 81(1)	25,000	5,000
83	Subsection 81(2)	25,000	5,000
84	Section 82	25,000	5,000
85	Section 83	25,000	5,000
86	Subsection 84(1)	25,000	5,000
87	Subsection 84(2)	25,000	5,000
88	Subsection 85(1)	25,000	5,000
89	Subsection 85(2)	25,000	5,000
90	Subsection 87(3)	25,000	5,000
91	Section 89	25,000	5,000
92	Section 90	25,000	5,000
93	Section 91	25,000	5,000
94	Section 92	25,000	5,000
95	Section 93	25,000	5,000
96	Section 94	25,000	5,000
97	Section 95	25,000	5,000
98	Section 96	25,000	5,000
99	Section 97	25,000	5,000
100	Section 98	25,000	5,000
101	Subsection 99(2)	25,000	5,000
102	Subsection 99(3)	25,000	5,000
103	Subsection 100(1)	25,000	5,000
104	Subsection 100(2)	25,000	5,000
105	Subsection 100(3)	25,000	5,000
106	Subsection 101(1)	25,000	5,000
107	Section 102	25,000	5,000
108	Section 103	25,000	5,000
109	Section 104	25,000	5,000
110	Section 105	25,000	5,000
111	Subsection 106(1)	25,000	5,000
112	Subsection 106(2)	25,000	5,000
113	Subsection 106(3)	25,000	5,000
114	Subsection 107(1)	25,000	5,000
115	Subsection 107(2)	25,000	5,000
116	Section 108	25,000	5,000
117	Section 109	25,000	5,000
118	Section 110	25,000	5,000
119	Section 111	25,000	5,000
120	Subsection 112(1)	25,000	5,000
121	Subsection 112(2)	25,000	5,000
122	Section 113	25,000	5,000
123	Section 114	25,000	5,000
124	Section 115	25,000	5,000
125	Section 116	25,000	5,000
126	Subsection 117(1)	25,000	5,000
127	Subsection 117(2)	25,000	5,000
128	Subsection 118(1)	25,000	5,000
129	Subsection 118(2)	25,000	5,000
130	Section 119	25,000	5,000
131	Section 120	25,000	5,000
132	Section 121	25,000	5,000
133	Section 122	25,000	5,000
134	Section 123	25,000	5,000
135	Subsection 124(1)	25,000	5,000
136	Subsection 124(2)	25,000	5,000
137	Section 125	25,000	5,000
138	Section 126	25,000	5,000
139	Section 127	25,000	5,000
140	Section 128	25,000	5,000
141	Section 129	25,000	5,000
142	Subsection 130(1)	25,000	5,000
143	Subsection 130(2)	25,000	5,000
144	Section 131	25,000	5,000
145	Section 132	25,000	5,000
146	Subsection 133(1)	25,000	5,000
147	Subsection 133(2)	25,000	5,000
148	Subsection 135(3)	25,000	5,000
149	Section 137	25,000	5,000
150	Section 138	25,000	5,000
151	Section 139	25,000	5,000
152	Section 140	25,000	5,000
153	Section 141	25,000	5,000
154	Subsection 142(1)	25,000	5,000
155	Section 143	25,000	5,000
156	Section 144	25,000	5,000
157	Subsection 145(2)	25,000	5,000
158	Subsection 145(3)	25,000	5,000
159	Section 146	25,000	5,000
160	Section 147	25,000	5,000
161	Section 148	25,000	5,000
162	Section 149	25,000	5,000
163	Section 150	25,000	5,000
164	Subsection 151(1)	25,000	5,000
165	Subsection 151(2)	25,000	5,000
166	Subsection 152(1)	25,000	5,000
167	Subsection 152(2)	25,000	5,000
168	Section 153	25,000	5,000
169	Section 154	25,000	5,000
170	Section 155	25,000	5,000
171	Section 156	25,000	5,000
172	Section 157	25,000	5,000
173	Section 158	25,000	5,000
174	Section 159	25,000	5,000
175	Section 160	25,000	5,000
176	Subsection 161(1)	25,000	5,000
177	Subsection 161(2)	25,000	5,000
178	Section 162	25,000	5,000
179	Section 163	25,000	5,000
180	Subsection 164(1)	25,000	5,000
181	Subsection 164(2)	25,000	5,000
182	Subsection 165(1)	25,000	5,000
183	Subsection 165(2)	25,000	5,000
184	Section 166	25,000	5,000
185	Section 167	25,000	5,000
186	Section 168	25,000	5,000
187	Section 169	25,000	5,000
188	Section 170	25,000	5,000
189	Subsection 171(1)	25,000	5,000
190	Subsection 171(2)	25,000	5,000
191	Section 172	25,000	5,000
192	Section 173	25,000	5,000
193	Section 174	25,000	5,000
194	Section 175	25,000	5,000
195	Section 176	25,000	5,000
196	Subsection 177(1)	25,000	5,000
197	Subsection 177(2)	25,000	5,000
198	Subsection 178(1)	25,000	5,000
199	Subsection 178(2)	25,000	5,000
200	Section 179	25,000	5,000
201	Section 180	25,000	5,000
202	Section 181	25,000	5,000
203	Subsection 182(1)	25,000	5,000
204	Subsection 182(2)	25,000	5,000
205	Subsection 185(3)	25,000	5,000
206	Section 187	25,000	5,000
207	Section 188	25,000	5,000
208	Section 189	25,000	5,000
209	Section 190	25,000	5,000
210	Section 191	25,000	5,000
211	Section 192	25,000	5,000
212	Section 193	25,000	5,000
213	Section 194	25,000	5,000
214	Section 195	25,000	5,000
215	Section 196	25,000	5,000
216	Section 197	25,000	5,000
217	Section 198	25,000	5,000
218	Section 199	25,000	5,000
219	Section 200	25,000	5,000
220	Section 201	25,000	5,000
221	Section 202	25,000	5,000
222	Section 203	25,000	5,000
223	Section 204	25,000	5,000
224	Subsection 205(1)	25,000	5,000
225	Subsection 205(2)	25,000	5,000
226	Section 206	25,000	5,000
227	Section 207	25,000	5,000
228	Section 208	25,000	5,000
229	Section 209	25,000	5,000
230	Subsection 210(1)	25,000	5,000
231	Subsection 210(2)	25,000	5,000
232	Subsection 211(1)	25,000	5,000
233	Subsection 211(2)	25,000	5,000
234	Section 214	25,000	5,000
235	Section 215	25,000	5,000
236	Subsection 216(1)	25,000	5,000
237	Subsection 217(1)	25,000	5,000
238	Subsection 217(2)	25,000	5,000
239	Subsection 220(2)	25,000	5,000
240	Section 221	25,000	5,000
241	Section 222	25,000	5,000
242	Section 223	25,000	5,000
243	Section 224	25,000	5,000
244	Subsection 225(1)	25,000	5,000
245	Subsection 225(2)	25,000	5,000
246	Section 226	25,000	5,000
247	Subsection 227(1)	25,000	5,000
248	Subsection 227(2)	25,000	5,000
249	Subsection 227(3)	25,000	5,000
250	Subsection 227(4)	25,000	5,000
251	Section 228	25,000	5,000
252	Section 229	25,000	5,000
253	Section 230	25,000	5,000
254	Subsection 231(1)	25,000	5,000
255	Subsection 231(2)	25,000	5,000
256	Section 232	25,000	5,000
257	Subsection 233(1)	25,000	5,000
258	Subsection 233(2)	25,000	5,000
259	Subsection 233(3)	25,000	5,000
260	Section 234	25,000	5,000
261	Subsection 235(1)	25,000	5,000
262	Subsection 235(2)	25,000	5,000

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Background

Persons with disabilities in Canada face barriers that affect their ability to fully participate in activities of everyday living, such as travel. Members of the disability community widely report that they face attitudinal barriers, as well as barriers to participation when their needs are not reflected in service delivery and design. In 2012, it was estimated that one in seven Canadians aged 15 years and older reported a disability that limited their daily activities. Today, the population of persons with disabilities continues to grow, along with the number of passengers travelling through the national transportation system.

Canada is committed to the human right of persons with disabilities to equal participation in society, including accessible transportation. The Act gives the CTA the responsibility to eliminate undue obstacles and to provide persons with disabilities access to Canada’s national transportation system. The CTA has fulfilled its mandate in part by adjudicating accessibility complaints, developing and promoting resource tools for both industry and persons with disabilities, and monitoring for compliance. As well, the CTA is responsible for developing and administering accessibility standards that apply to the transportation system for all modes of transportation under federal jurisdiction.

A key way in which the CTA has fulfilled its mandate is by adjudicating accessibility complaints filed by persons with disabilities under Part V of the Act. The CTA, an independent, quasi-judicial tribunal and regulator, resolves complaints on a case-by-case basis, consistent with the approach used for remedying discrimination under human rights law. Transportation service providers have the responsibility to ensure that persons with disabilities have equal access to national transportation services; accommodate persons with disabilities, up to the point of undue hardship; provide accommodation in a manner that respects the dignity of persons with disabilities; and provide accommodations that consider a person’s unique disability-related needs. In that context, CTA decisions in recent years have affirmed, for example, the right of persons with severe allergies to have a “buffer zone” on board aircraft; the 1p1f principle for domestic travel; and the right of persons with disabilities to sufficient space to accommodate their service dog. These decisions, however, only apply to the particular transportation service provider involved in the case, rather than more broadly across all industry or modes.

The CTA is also responsible for developing and administering accessibility standards that apply to the transportation system for all modes of transportation under federal jurisdiction, notably by regulations approved by the Governor in Council. Through regulations, a uniform set of requirements across industry and modes of transportation can be established, providing more certainty, transparency and fairness for all stakeholders.

To date, the CTA has implemented two sets of regulations pertaining to accessible travel: Part VII of the ATR and the PTR.

• Pursuant to Part VII of the ATR, the CTA regulates the terms and conditions of the domestic carriage of persons with disabilities in aircraft of 30 or more passenger seats. The ATR set out requirements such as: services to be provided upon request, for example assistance at check-in and with boarding, deplaning, and baggage; requirements regarding the carriage and handling of mobility aids; and requirements regarding the carriage of service animals. However, Part VII of the ATR dates to the early 1990s, and has become outdated in certain respects; for example, it does not cover the need for accessible self-serve kiosks at check-in. As well, it only applies to the domestic operations of Canadian carriers. It does not address technical specifications to ensure accessibility on board aircraft, which are only covered in a voluntary code of practice (see further below).
• The PTR set out requirements for rail, marine and air carriers (with the exception of small air carriers and commuter rail services), as well as rail, marine and air terminal operators (with the exception of small air terminals), to ensure that their employees and contractors who provide different types of transportation-related services to persons with disabilities are properly trained to do so. The PTR require employees and contractors to receive training for topics such as the policies and procedures regarding persons with disabilities, including relevant regulatory requirements; the needs of persons with disabilities, including methods of communication; providing transfer assistance to persons with disabilities; and handling of mobility aids, and proper methods of carrying and stowing mobility aids. Certain gaps have been noted in the PTR, for example, they do not apply to intercity bus carriers, terminals, or the CBSA. They do not reflect the need for training concerning new technologies, such as automated self-service kiosks and on-board entertainment, and do not prescribe a minimum frequency for refresher training.

The CTA has also implemented six voluntary codes of practice: Aircraft Accessibility for Persons with Disabilities; Passenger Rail Car Accessibility and Terms and Conditions of Carriage by Rail of Persons with Disabilities; Ferry Accessibility for Persons with Disabilities; Removing Communication Barriers for Travellers with Disabilities; Passenger Terminal Accessibility; and Accessibility of Non-National Airports System Air Terminals.

The CTA relies heavily on the codes of practice — which were developed in collaboration with industry and the disability community from the late 1990s to the early 2000s —as the principal means of addressing accessibility issues on a systemic basis. These codes set out minimum accessibility standards that transportation service providers (carriers and terminal operators) are expected to meet and encouraged to exceed. However, in contrast to CTA regulations, the codes are not legally binding on these carriers and terminal operators, and the CTA cannot enforce them. There is therefore no certainty that the minimum standards are met, and concerns have been raised in recent years that accessibility levels across the national transportation system vary from mode to mode, terminal to terminal, carrier to carrier, and between domestic and international carriers. As well, there is no binding set of requirements in place with respect to accessible security and border screening for travellers.

These concerns were highlighted during consultations held with members of the disability community, industry, and the general public as part of the CTA’s Regulatory Modernization Initiative (RMI). The CTA launched the RMI on May 26, 2016, to review and modernize the full suite of regulations it administers. Many of these instruments date back 25 years or more, and need to be updated to reflect changes in user expectations, business models, and best practices in the regulatory field. The RMI encompasses the following four phases: accessible transportation, air transportation, air passenger protection, and rail transportation. Codifying and updating the six voluntary codes of practice is the main focus of the accessible transportation phase of the RMI.

Extensive consultations and analysis during the RMI have demonstrated the need to obtain compliance with standards, achieve greater consistency in the level of accessibility provided to persons with disabilities, and level the playing field among transportation service providers in the national transportation system. The way forward is for the CTA to consolidate its various accessibility instruments to create a single, comprehensive, enforceable set of accessibility regulations, which have been named the Accessible Transportation for Persons with Disabilities Regulations (ATPDR).

The ATPDR applies to large carriers under the CTA’s jurisdiction in the air, rail, marine and intercity bus mode; terminals located in Canada that serve these carriers; and ports located in Canada serving cruise ships. The Regulations also apply to the CBSA and CATSA, as entities whose operations are integral to the national transportation system. With this approach, the Regulations cover a significant proportion of passenger traffic in Canada.

The ATPDR represents the first major step towards achieving binding accessibility standards for federally regulated transportation service providers across all modes of transportation. Building on the extensive consultations held by the CTA from 2016 to 2018, further consultations on a second-stage regulatory package will be initiated later in 2020. This second-stage package aims to scope in small carriers, including those in northern, regional and remote areas of Canada that may have unique operating circumstances or infrastructure limitations to take into consideration. The second-stage package also addresses certain other accessibility-related issues, such as whether to impose the 1p1f rule on international flights, what requirements to establish in respect of emotional support animals, and plans and reporting obligations (in line with Bill C-81, should it receive royal assent).

The ATPDR complements measures proposed in Bill C-81, the Accessible Canada Act, helping to fulfill the Government’s commitment of a truly inclusive and accessible Canada. The ATPDR also supports Canada’s recognition, through the Canadian Human Rights Act, that all individuals should have an opportunity equal with other individuals, without discrimination on the basis of disability. In addition, the Regulations complement the rights of persons with disabilities under the Canadian Human Rights Act, by taking a proactive and systemic approach for identifying, removing and preventing barriers to accessibility. Finally, the Regulations support Canada’s commitments as a State Party to the CRPD, in areas including but not limited to accessibility, equality and non-discrimination, and to personal mobility.

Issues

The CTA’s RMI revealed that its existing accessibility instruments represent a patchwork of regulations and voluntary standards, some of which are outdated, and inadequate in their scope. This has resulted in inconsistent accessibility-related services and reduced access to transportation services for persons with disabilities. Key gaps and concerns include the following:

• Uniformity: CTA adjudication orders made to respond to individual complaints result in some transportation service providers (those that are involved in the complaint at hand) having to remove undue obstacles while their counterparts do not. In addition, the existing regime, consisting of both voluntary codes and regulations, does not apply uniformly to all stakeholders in the national transportation system (notably foreign carriers, the CBSA, and, with respect to service provision, CATSA [CATSA is subject to the PTR]).
• Enforceability: Carriers and terminal operators are expected to meet voluntary codes of practice, which cover the accessibility of extra-provincial rail, ferry and bus modes; communications, including transportation-related technology; equipment; and terminals. However, these are not enforceable. Some transportation service providers meet the voluntary standards, but the CTA has no power to enforce voluntary codes of practice to require compliance.
• Best practices and emerging issues: The existing regulations and a number of the voluntary standards, dating from the 1990s, do not reflect current business models, user expectations, and best practices in the regulatory field. They have not kept up with the globalization of travel or the rising number of travellers, including persons with disabilities. They do not reflect changes in technology and the equipment now used by transportation service providers, such as online check-in, self-service kiosks, and on-board entertainment systems. The existing regulations also do not reflect the widespread reliance on electronic means to communicate and to enhance independence, or the new types of mobility aids and assistive devices. Finally, the existing regime does not reflect best practices and expectations around emerging issues, such as severe allergies and the 1p1f concept that has been established in jurisprudence.

Objectives

The overarching objective of the regulatory package is to promote the inclusion and participation of persons with disabilities in society by creating comprehensive and enforceable accessible transportation requirements that are applicable to all modes of transportation, and enabling persons with disabilities to travel with a predictable and consistent level of accessibility across a barrier-free modern national transportation system.

In general, the Regulations support a predictable, fair and uniform accessible transportation system by reinforcing the rights of persons with disabilities and the obligations of transportation service providers, and making sure requirements can be enforced.

Description

The Regulations, entitled the ATPDR, create a new, single, comprehensive and enforceable set of regulations. The ATPDR ensures that all Canadians, including persons with disabilities, have equal access to the national transportation system. Transportation service providers subject to the Regulations are required to take steps and meet the standards to make travel more accessible and consistent for persons with disabilities. The ATPDR covers the following eight broad areas:

• (1) Application, definitions and interpretation: setting out which transportation service providers are covered ^{footnote 3}, incorporating definitions reflecting human rights principles, and affirming that the Canadian Human Rights Act, and safety-related requirements in law, are not affected by the Regulations;
• (2) Service requirements in the accessibility of transportation: incorporating and enhancing existing service requirements and standards for carriers set out in current regulations and codes of practice, such as the requirement for carriers in all modes to assist with check-in, boarding and disembarking;
• (3) Technical requirements for facilities and equipment: setting out the technical specifications regarding the accessibility of transportation equipment;
• (4) Terminals: setting out, in respect of all modes, the accessibility services to be provided by terminal operators and the technical specifications regarding the accessibility of terminal buildings and equipment used at terminals;
• (5) Security screening and border clearance: clarifying accessible transportation requirements for CATSA and the CBSA, as entities whose operations are integral to the national transportation system;
• (6) Training: incorporating clear training requirements for carriers, terminal operators, the CBSA and CATSA;
• (7) Communication: ensuring the communication of information provided by transportation service providers is fully accessible, including the use of websites and automated self-service kiosks for processes such as check-in and border clearance; and
• (8) Administrative monetary penalties (AMPS) for non-compliance.

A more detailed description of each of these areas is provided below.

1. Application, definitions and interpretation

Application

The application of the ATPDR varies depending on the mode and nature of the accessibility provision, e.g. accessibility services, such as wheelchair or check-in assistance, or technical requirements for equipment and facilities, such as accessible washrooms. The ATPDR covers most passenger travel in Canada across all modes by scoping in major carriers and the terminals that serve them. The CATSA and the CBSA are also subject to regulatory requirements, given their operations are integral to travel within the national transportation system. More specific information regarding the application of the Regulations follows below.

Carriers

Across the modes, service provisions apply to both domestic and international carriers, with the exception of the 1p1f concept, which only applies to domestic travel. Further consultations at the international level are required before any decision is taken to extend this regulatory requirement to international travel. In addition, technical provisions apply to Canadian operators only and generally align with requirements in the United States and the European Union (EU), which already regulate fleet specifications.

In regard to the air mode, service provisions apply to both domestic and international large air carriers. Large air carriers are those that have transported a worldwide total of one million passengers or more during each of the two preceding calendar years, or are large air carriers under a commercial agreement and operate a flight or carry passengers on behalf of that carrier. Large air carriers fly more than 9 out of 10 Canadian passengers. Large air carriers include Air Canada and West Jet as well as most United States and other foreign air carriers operating into Canada such as United Air, British Airways and Air France. Technical provisions (including aircraft specifications) apply to aircraft with 30 or more passenger seats operated by large air carriers that are Canadian.

In the case of a charter flight, this includes a charter flight within Canada if one or more seats on that flight are purchased for resale to the public, or if a charter flight to or from Canada has one or more passengers who began their itinerary in Canada and one or more seats on that flight are purchased for resale to the public. Licensed air carriers will need to include in their service contracts with charterers the obligation to comply with these regulations.

In respect of the rail mode, both service and technical provisions apply to VIA Rail, accounting for 97% of intercity passenger rail traffic in Canada. Service provisions also apply to Amtrak’s operations into Canada.

Regarding the marine mode, service provisions apply to ferry operators that provide 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, using ferries of at least 1 000 gross tonnes on which on-board services are offered to passengers. Technical provisions apply to those ferry operators meeting the above capacity and service criteria and that transport passengers across provincial borders, or that originate from Canada and travel into another country.

With respect to the intercity bus mode, both service and technical provisions apply to Greyhound and Mega Bus’s operations in Canada.

Terminals

Certain service and technical provisions also apply to terminals that serve the above air, rail, marine and intercity bus carriers, that have, on average, at least 10 employees (including contracted personnel). Air terminals are subject to the Regulations if they have enplaned/deplaned more than 200 000 passengers in each of the two preceding calendar years, or are located in a national or provincial capital. These criteria are designed to scope in the majority of terminal operators while ensuring that the operators are of sufficient size to feasibly implement the requirements. Finally, technical provisions apply to ports serving cruise ships in Canada (i.e. that permit mooring of cruise ships).

The CBSA and the CATSA

The CBSA and the CATSA are required to follow service and technical requirements to ensure accessible border and airport security screening, respectively.

Training and communications

Training and communication obligations apply to all domestic carriers and terminals subject to the Regulations, as well as to the CBSA and the CATSA.

2. Service requirements for the accessibility of transportation

Carriers will have to follow requirements for accessible services, including assistance with check-in for departures and assistance with baggage retrieval for arrivals. In addition to incorporating voluntary requirements in the codes of practice, the ATPDR includes new provisions, notably the ones below.

One person, one fare

Provisions that are common to carriers in all modes include a “one person, one fare” (1p1f) requirement for domestic travel. This means that in situations where a person with a disability requires seating space that exceeds that which is offered by one passenger seat (in respect of a support person or a service dog, or because of the nature of a person’s disability), carriers are required to provide one or more additional adjacent passenger seats, at no extra cost. This requirement is based on a 2008 CTA decision and order that applied to certain air carriers, which reflected long-standing principles of equal access to transportation services for persons with disabilities and the CTA’s legislative mandate to remove “undue obstacles” to their mobility.

Service dogs

The Regulations set out a new definition of “service dogs” that reflects that such dogs provide support for a wide range of disabilities. In line with existing provisions in the ATR, transportation service providers are required to accept service dogs for carriage.

A carrier may refuse to carry a service dog if the dog is not well-behaved, is aggressive or disruptive, or if its handler has difficulty controlling it. The intent is to safeguard the right of persons with disabilities to travel with legitimate service dogs, while preventing fraud and mitigating health and safety risks posed by untrained dogs to other passengers, carrier personnel, and trained service dogs.

Complementary to these provisions, terminals are subject to new technical requirements on relieving areas for service dogs (see below).

As previously noted, the ATPDR does not include requirements in respect of emotional support animals, as consultations on this topic, including some with other jurisdictions, indicate this is an emerging area requiring further consultation and analysis. The intent is to consult further on emotional support animals as part of the second stage regulatory package to follow the ATPDR.

Allergies

The Regulations require carriers to establish a “buffer zone” upon the request of a person who has a disability as a result of any severe allergy (e.g. to food or animal dander). The intent of this requirement is to assist the person in avoiding or limiting the risk of exposure to the allergen.

The proposal reflects CTA jurisprudence in recent years by requiring the carrier to take measures to minimize the risk to the passenger of a severe allergic reaction. Consistent with human rights principles, the proposal does not discriminate between different types of severe allergies (e.g. to peanuts, tree nuts, sesame or animal dander allergies). The Regulations also recognize that allergens can never be completely eliminated from an environment. Eliminating or banning potential allergens is not operationally feasible, given the wide range of potential allergens and the risk that other passengers may still bring allergens on board.

3. Technical requirements for facilities and equipment

CAN/CSA-B651-18 — Accessible Design for the Built Environment

The ATPDR articulates technical specifications regarding the accessibility of transportation equipment. In line with the existing codes of practice, the regulatory technical provisions require carriers in all modes of transportation to follow applicable provisions in the Canadian Standards Association (CSA) specifications for accessible design contained in CAN/CSA-B651-18 — Accessible Design for the Built Environment (B651), in addition to new technical provisions not captured in B651, such as space for mobility aids. These standards are incorporated by reference in a non-static form to include any future changes to the B651 standard without a need to remake the Regulations. As the specifications set out in B651 addressing elements such as requirements for accessible washrooms and kiosks, elevators, lifts and ramps are updated, the applicable provisions in the Regulations will reflect the most up-to-date B651 specifications. In the case of this type of incorporation by reference, the Regulations incorporating the document would refer to a document “as amended from time to time.”

With respect to new purchases and leases, carriers will be required to meet the most up-to-date requirements set out in B651, thus providing consistency for persons with disabilities when travelling within the national transportation system, along with the reassurance that the Regulations will reflect current technical standards as a result of the non-static incorporation.

Carriers will be required to meet specifications in B651 for accessible washrooms including, but not limited to, features like door handles, sinks and faucets, soap dispensers, toilets and grab bars, and space for manoeuvering mobility aids.

With some exceptions (e.g. the requirement for lifts and ramps and accessible kiosks), the technical provisions are forward facing: they will apply to modifications made to existing equipment or facilities and to future procurements. There is no requirement to retrofit existing equipment and facilities, or to alter already-signed procurement agreements. In addition, technical requirements for features that cannot be obtained from a manufacturer or certified for installation, are to be excluded, given that these would be impossible to meet.

Additional technical requirements for air carriers

Aircraft are required to have washrooms that are accessible to persons using on-board wheelchairs where space configurations make this possible.

However, air carriers are not required to remove seats in order to make space for accessible washrooms, to store one folding wheelchair or walker, or to provide sufficient space for service dogs. The Regulations do not exempt short-term leases to address delays in aircraft deliveries, given the expectation that air carriers plan deliveries in light of their existing fleet and maintain aircraft in operation until newly ordered aircraft are delivered.

With respect to aircraft, the technical requirements apply in respect of a bid to buy or lease (except a short-term lease addressing emergency situations) an aircraft that has 30 or more seats and that was manufactured after May 13, 2009, and for which a contract to purchase or lease is entered on or after one year following the coming into force of the Regulations or later.

The ATPDR also requires air carriers to ensure that on-board entertainment, if it is available, is accessible to persons with disabilities, in order to ensure their full inclusion and participation in society. An on-board entertainment system, also known as an in-flight entertainment system in the context of air travel, will have to support closed-captioning and audio description; if it does not, the carrier will have to make comparable content available to persons with disabilities, for example through a personal electronic device provided by the carrier, that supports closed-captioning and audio description.

In addition, air carriers are required to make updates to boarding stairs to meet the requirements of the Regulations, and also to have moveable armrests and tactile row markers.

Additional technical requirements for rail, ferry and bus carriers

Fleet acquired through the procurement underway at VIA Rail (corridor fleet renewal) is expected to be accessible, well in line with the technical requirements laid out in the Regulations.

Furthermore, from a multimodal perspective, the Regulations specify that any new rail cars, vessels or buses purchased or leased on or after one year after the implementation of the Regulations will have to meet prescribed technical specifications. For purchases or leases dating from prior to the one-year mark following the implementation of the Regulations, modifications to fleet in all three sectors made above and beyond cosmetic ones and modifications for maintenance purposes and to mechanical, plumbing and electrical systems will trigger compliance with the new requirements.

VIA Rail will have to provide a minimum of two adjacent mobility aid spaces, and two adjacent transfer seats in each class of service, as well as space to safely store one mobility aid, and train-based boarding ramps or lifts for use at stations where there is no level boarding and no station-based ramp or lift.

VIA Rail is required to ensure that access to accessible on-board dining areas is provided to passengers. It will also be required to ensure the availability of at least two wheelchair-accessible compartments that are adjacent on trains that offer cabin service.

Bus carriers are expected to use step boxes if the first or last step of boarding or disembarking stairs has a riser height that is greater than the height of the other steps.

In a new provision specific to ferries, relieving areas for service dogs will need to be provided for crossings of more than four hours.

As is the case with air carriers, where rail, ferry, and bus on-board entertainment systems exist, they will also have to be accessible.

4. Terminals

In line with the current code of practice, terminals are required to ensure ground transportation is accessible. They are also subject to new requirements regarding curbside assistance. In particular, terminals are required to provide curbside assistance for passengers with disabilities, unless this is already provided by the carrier. This curbside assistance provides seamless service with regard to wheelchairs, guiding and baggage. It will initiate at a designated drop-off point and end at check-in, where personnel would provide assistance. Upon arrival at the person’s destination, curbside assistance will be provided from the general public area to a designated pick-up point.

With regard to technical specifications, the Regulations require terminals to meet the standards set out in B651. In addition, terminals also have to provide relieving areas for service dogs, and where a terminal has a secure area, relieving areas must be located both outside the terminal, and directly accessible from the secure side of the terminal without having to leave and re-enter it. Many terminals (all modes of transportation) already have relieving areas (set out in the Passenger Terminal Accessibility: Code of Practice); however, the requirement for one to be available on the secure side of a terminal is new.

With some exceptions (e.g. the requirement for designated relieving areas for dogs), the technical provisions will apply to modifications made to existing facilities and to future procurements. There is no requirement to retrofit facilities, or to alter already-signed procurement agreements.

5. Requirements for the Canadian Air Transport Security Authority and the Canada Border Services Agency

The Regulations require CATSA to implement certain accessibility measures for people going through airport security. These include providing assistance to persons with disabilities, when requested, and screening a person with a disability and their disability aid at the same time, or promptly returning the disability aid if it requires separate screening; and ensuring the accessibility of CATSA-controlled signage. Where a person has difficulty waiting in a queue, CATSA will also be required to expedite the security screening process by directing the person, and any support person travelling with them, to the front of a queue or to any alternate queue.

The Regulations require the CBSA to implement certain accessibility measures for people entering Canada by means of the national transportation system. These include providing assistance to persons with disabilities when requested; providing assistance in completing a declaration card or accepting a verbal declaration; and ensuring the accessibility of CBSA-controlled signage. Where a person has difficulty waiting in a queue, the CBSA, like CATSA, is also required to direct the person, and any support person travelling with them, to the front of a queue or to an alternate queue designed to expedite the process.

6. Training

The Regulations replace the current PTR, which require federally regulated air, rail and ferry carriers and terminal operators to ensure that all employees and contractors who provide different types of transportation-related services to persons with disabilities are properly trained to do so. While many training requirements set out in the PTR are retained in the Regulations, various changes will enhance the provisions and bring them up to date. Examples are highlighted below:

• The Regulations keep the previous PTR requirement for all employees and contractors to complete their required training within 60 days of starting their duties, but add that refresher training must be provided at least once every three years. Until personnel and contracted people are trained, they must be supervised by someone who has been trained. The Regulations also introduce a requirement for service providers, CATSA, and the CBSA to consult with persons with disabilities when developing and implementing their training programs, which is in line with the principles in Bill C-81.
• The Regulations retain the requirement set out in the PTR for transportation service providers to submit a training program description upon request, for inspection purposes; however, the ATPDR requires transportation service providers to also make available the information set out in the description of the training program to any person who requests it, with the exception of any personal information or confidential business information.
• The Regulations mention who is most likely to require additional services, so that training for staff who interact with the public can include how to interact with people who are deaf, deaf-blind, hard of hearing, or who have visual, intellectual, mental health or episodic disabilities. ^{footnote 4}
• For employees and contractors whose job is assisting with equipment or aids, the Regulations include new categories of equipment — namely, on-board entertainment systems and automated self-service kiosks — that were not covered by previous training regulations because these technologies did not exist when the previous regulations were written. Provisions regarding on-board entertainment systems in the Regulations are intended to ensure the inclusion of persons with disabilities and to promote their full participation in society.

7. Communication

The Regulations require all Canadian transportation service providers to ensure the following are accessible to all persons with disabilities, including persons who are deaf, deafened and hard of hearing, and persons who are blind or have reduced vision:

• announcements and other communications to inform the public;
• automated self-service kiosks;
• telecommunications systems for reservations and information; and
• websites, mobile websites, and applications.

Transportation service providers are also required to ensure that all communication, including written and electronic modes of communication, is adapted and available on request for persons with disabilities.

These provisions build on the Air Passenger Protection Regulations (APPR), which requires air carriers to ensure that communication on terms and conditions of carriage, as well as status updates on flight disruptions, be accessible. The ATPDR addresses accessible communications more generally through all points of the travel experience, and cover all modes of travel.

Under the ATPDR, carriers are required to take further measures to clarify the size and weight of mobility aids that different aircraft, rail cars, vessels or buses in a carrier’s fleet can transport in cargo holds and baggage compartments as priority checked baggage.

Service requirements for terminals include a requirement to prominently post information about the terminal’s accessibility, including any accessible inter-terminal or ground transportation.

The Regulations also require air carriers as well as rail, ferry and bus carriers to retain any information or documents pertaining to a person’s disability upon request, for a period of at least three years, so that passengers with disabilities do not have to repeatedly provide the same information when they travel.

8. Administrative monetary penalties

Under the Act, the CTA is responsible for ensuring compliance with the requirements. The Regulations, under Part 6, establish that non-compliance with the provisions is subject to an administrative monetary penalty (AMP) of up to $5,000 for an individual, and $25,000 in the case of a corporation, per violation. The ATPDR includes a provision to repeal Part 6, when the Act is amended by Bill C-81, the Accessible Canada Act, if it receives royal assent. At that point, the contravention of any provisions in the Regulations will be subject to an administrative monetary penalty of up to $250,000.

Regulatory and non-regulatory options considered

Status quo

The CTA’s non-regulatory tools for promoting the accessibility of transportation include six codes of practice and various resource tools, which set out minimum accessibility standards that carriers and terminal operators are expected to meet and encouraged to exceed. This voluntary regime and its tools underwent a rigorous review.

The review found that these non-regulatory tools are outdated and inadequate in scope. They have resulted in a patchwork of accessibility standards that lag behind those of other like countries, particularly the United States and EU member states. Furthermore, securing compliance with voluntary codes can be difficult, which creates uncertainty for persons with disabilities and an uneven playing field for the industry. The status quo option was therefore rejected.

Non-regulatory modernization

This option is about the modernization of the CTA’s non-regulatory tools related to accessibility, which include the CTA’s monitoring and active promotion of its codes of practice and other tools. This approach would not have allowed the CTA to ensure standards can be met and address non-compliance with accessibility through enforcement measures. This has long been a source of concern to the community of persons with disabilities, as well as to industry stakeholders that take measures to comply with the codes. In addition, the former regime could not address systemic issues across the national transportation system as, by its very nature, it was targeted to specific cases. The CTA’s current power resides in the Act, in its two limited and outdated existing regulations, and its voluntary codes. Through quasi-judicial adjudication, the CTA addresses targeted issues brought to its attention by individual complaints related to carriers, terminal operators and other entities that are part of the national transportation system. However, these decisions apply only to the entities that are involved in the particular case at hand.

In addition, without comprehensive and enforceable accessible transportation regulations, Canada is impeded from meeting broader commitments, such as the proposed Accessible Canada Act’s calls for enforceable regulations for the national transportation sector, and international commitments under the CRPD. For instance, under Article 9 of the CRPD, States Parties are expected to take measures to identify and remove barriers to accessibility, including in the transportation sector. Moreover, under Article 20, States Parties are expected to facilitate the personal mobility of persons with disabilities in the manner and at the time of their choice, and at an affordable cost.

Regulatory approach

The regulatory option was selected to create a comprehensive and enforceable set of accessible transportation regulations, applicable to all modes of transportation. This will enable persons with disabilities to travel with a predictable and consistent level of accessibility across a barrier-free federal transportation system, while promoting their inclusion and participation in society. In addition, the Regulations close gaps in current standards, and address emerging accessibility issues, new technologies, and changes in business models.

Benefits and costs

The ATPDR results in a cost to transportation service providers and the CTA of $46.16M, and present value benefits to Canadian passengers of $574.73M as well as a net present benefit of $528.57M, expressed in 2012 Can$, over a 10-year period following the coming into force of the Regulations. On an annualized basis, the costs to transportation service providers will be $7.03M.

Affected stakeholders

The Regulations are expected to impact several stakeholders: air, rail, bus and ferry passengers, particularly those with disabilities; air carriers, rail carriers, bus carriers and ferry operators involved in passenger service; ports at which cruise ships can dock; airports and rail, ferry and bus terminals; the CBSA; the CATSA; and the CTA.

The main beneficiaries of the ATPDR will be Canadians with disabilities and Canadians using the transportation system. Canadians with disabilities will benefit from the certainty that the Regulations will provide during travel, as they will know that passenger carriers and terminal operators are required by regulation to make specific efforts to accommodate a person’s disability. All Canadians accessing the transportation system will benefit from the enhanced safety and ease of use that accessible features provide. It should be noted that only benefits to Canadians and Canadian companies are considered in this analysis.

Passenger carriers, which include air, rail, bus and ferry passenger carriers, and terminal operators, which include airports, cruise ship ports, bus, ferry and train terminals, are expected to bear the costs of the ATPDR. The cost per passenger carrier will largely depend on the extent to which a passenger carrier currently addresses accessibility issues in its own operations.

The ATPDR is also expected to result in incremental costs to the CBSA, the CATSA and the CTA.

Baseline scenario

Currently, the standards for accessibility for passenger carriers and terminal operators are set out in codes of practice, the Personnel Training for the Assistance of Persons with Disabilities Regulations, the Air Transportation Regulations and CTA decisions.

Unless specifically stated otherwise, passenger carriers and terminal operators are expected to follow the codes of practice in the baseline scenario. As well, it is assumed that in the absence of regulations, the current codes will remain the standard over the 10-year analysis period of this study.

Methodology, data sources and assumptions

Study period

This analysis examines costs and benefits over a 10-year period (2020–2029). A discount rate of 7% is used to establish the net present value (in 2019) of the regulatory proposal. Results are expressed in 2012 constant dollars.

Number of passengers by transportation mode

There is no single comprehensive source of passenger statistics by transportation mode in Canada. Therefore, various sources were used to determine the number of annual passengers and the number of annual passengers with disabilities. As there are varying degrees of uncertainty surrounding the factors used to establish passenger data, a sensitivity analysis was used to determine upper- and lower-bound passenger figures.

Total passengers for the air industry are sourced from Statistics Canada. ^{footnote 5} Total passengers for the domestic and international sectors were multiplied by the domestic and international market shares of Canadian carriers that are scoped into the ATPDR to generate the total number of air passengers travelling with Canadian carriers. Air passenger data, originally from 2017, is adjusted for growth and expressed in 2020 terms.

Total passengers for the rail industry are sourced from corporate reports published online. Passenger data for VIA Rail is sourced from annual reports posted on its corporate website. ^{footnote 6} Total passengers for Amtrak are sourced from the Rail Passengers Association. ^{footnote 7} Passenger totals for Amtrak are specific to its Canadian operations. Total rail passenger data, originally from 2017, is adjusted for growth and expressed in 2020 terms.

Total passengers for the bus industry are sourced from industry submissions and CTA staff estimates. A portion of total bus passengers was estimated by tracking daily departures for a time period of a week at key origin–destination pairs. The number of departures per day for each origin–destination pair was multiplied by 50, the assumed average number of passengers per bus. The number of estimated daily passengers was then used, in part, to determine an estimate for the total number of bus passengers annually in Canada. These figures were adjusted for growth and expressed in 2020 terms.

Total passengers for the ferry industry are sourced from figures published on corporate websites ^{footnote 8}, ^{footnote 9}, ^{footnote 10} and staff estimates. The total number of passengers for those companies that do not publish ridership figures were generated using the number of passengers per vessel ton of companies that do. Estimates were generated based on vessels that compared in size and geographic location within Canada. Total ferry passenger figures were adjusted for growth and are expressed in 2020 terms.

Table 1: Total number of passengers by transportation mode (2020)

Mode	Total Passengers
Air	84 211 578
Rail	5 085 186
Ferry	1 177 603
Bus	4 178 950
Total	94 653 318

Sources:

Statistics Canada, Table: 23-10-0253-01 Air passenger traffic at Canadian airports, annual (formerly CANSIM 401-0044)

Via Rail annual reports

Amtrak fact sheet: Acela service (PDF)

Marine Atlantic Annual Report, 2017-2018 (PDF)

Owen Sound Transportation Company Annual Report 2016/17 (PDF)

CMTA Ferry

Proportion of travellers with disabilities

The total number of passengers with disabilities by mode of transportation is estimated by applying the proportion of persons with disabilities to the number of total passengers. The proportion of passengers with disabilities used in this study is derived from the Canadian Survey on Disability, 2017 from Statistics Canada. It states that 22% of Canadians over the age of 15 reported having some type of disability. ^{footnote 11} However, there is reason to believe that the proportion of Canadians living with a disability is not the same as the proportion of Canadian travellers that will benefit from the Regulations. Some persons with disabilities will not benefit from the Regulations because they do not travel, because their disability does not affect their ability to travel, or because the Regulations do not address an obstacle to mobility affecting a person’s ability to travel.

Based on responses to the CTA cost-benefit analysis (CBA) survey and CTA staff estimates, roughly 1% of passengers formally request services for a disability from a transportation service provider. It is likely that the proportion of people formally requesting services for their disabilities pulls down the estimated number of persons with disabilities that will benefit from the Regulations, as persons with disabilities might not formally request services from a transportation service provider.

A Statistics Canada publication from 2012 ^{footnote 12} reported that 20% of respondents to the Canadian Survey on Disability, 2012 reported using public or specialized transit regularly. As well, 26% of persons with disabilities reported experiencing difficulty using public or specialized transit. However, this is likely to pull down the estimated proportion of the travelling public with disabilities that would benefit from the Regulations, as many people who do not use public transit to commute regularly still use public transportation to travel long distances.

In order to account for the likelihood that the proportion of the Canadian population living with a disability would drive up the proportion of passengers with disabilities that would benefit from the Regulations and the likelihood that the proportion of persons with disabilities formally requesting services from a transportation service provider would pull down the estimated proportion of passengers with disabilities that would benefit from the Regulations, the simple average between the two was used for each mode of transportation.

It is estimated that roughly 11% of passengers on all modes of transportation are passengers with disabilities that will benefit from the Regulations.

The total number of passengers with disabilities for each mode is determined by multiplying the total passengers for each mode by the percentage of passengers with disabilities for each mode. The total number of passengers with disabilities, expressed in 2020 terms, are as follows:

Table 2: Total number of passengers with disabilities by mode of transportation (2020)

Mode	Total Passengers with Disabilities
Air	9 392 058
Rail	567 147
Ferry	131 337
Bus	460 729
Total	10 551 271

Passenger growth rates

The growth rate for the air industry comes from Transport Canada’s 2017 Air Travel Outlook. It is expected that the number of air passengers in Canada will grow at an average annual rate of 3.10% over the next decade.

The growth rate of 3.08% for the rail industry is the compound annual growth rate (CAGR) for VIA Rail total passenger figures, ^{footnote 13} measured over the time period from 2013 to 2017.

The growth rate of 1.16% for the bus industry is the CAGR of motor coaches in Canada, measured over the time period from 2005 to 2016. Figures for the number of motor coaches in Canada were sourced from Statistics Canada. ^{footnote 14}

The growth rate of 1.66% for the ferry industry is the CAGR for total ferry passengers for the members of the Canadian Ferry Operators Association (CFOA) in Canada, measured over the time period from 2010 to 2014. Figures for the number of ferry passengers in Canada were sourced from the CFOA. ^{footnote 15}

Carrier market shares

For passenger carriers and terminal operators where samples were used to estimate industry costs, total costs were estimated by dividing sample costs by the market share of the sample. Market shares for air carriers are determined on the basis of available seat miles from 2017. Data used to determine these market shares were purchased from FlightGlobal. Market shares for airports are determined on the basis of enplaned and deplaned passengers.

Valuation of passengers’ travel time

In this analysis, the value of time refers to the dollar amount associated with the opportunity cost of the time spent travelling by air. The value of time depends on the passenger’s travel purposes, which are broadly categorized as either for “non-business” or “business” purposes. Non-business purposes account for leisure and other personal motives for travelling. Typically, business travellers’ value of time is based on their hourly wage (the median wage is used in this study), whereas non-business travellers’ value of time is based on their revealed and stated preferences. ^{footnote 16} However, for a matter of simplicity, the methodology prescribed by the “Revised Departmental Guidance on Valuation of Travel Time in Economic Analysis” of the United States Department of Transportation is used to determine the value of time of a Canadian passenger. Based on this methodology, the value of one hour of air travel of a Canadian passenger is estimated at $18.49 in 2017 Can$ ($17.25 in 2012 Can$).

Proportion of passengers considered to be Canadian

Based on Statistics Canada data, ^{footnote 17} the percentage of Canadian residents travelling on international flights is 64.91%. There are currently no data on passenger nationality for domestic flights; therefore, the percentage of passengers considered to be Canadian residents on domestic flights is assumed to be 82.5%. This is the mid-point between the percentage of Canadians travelling on international flights and 100%.

The same proportions are assumed to apply for all modes of transportation.

Benefit

The benefits to an accessible transportation system include reduced anxiety, reduced stigmatic harm, wider access to desired destinations, increased employment opportunity, and greater independence for persons with disabilities. As well, all Canadians are expected to benefit from time savings and the increased safety inherent in the accessible features of the national transportation system.

Reduced anxiety

Persons with disabilities often experience anxiety when accessing the national transportation system as there is no certainty that their disability will be accommodated under the current regulatory environment. Passengers with a disability will likely experience less anxiety under the ATPDR scenario than they would under the baseline scenario, due to the knowledge of clear rules and procedures that will be provided by the Regulations.

Similar to the methodology employed by the United States Department of Transportation’s cost and benefit analysis on the “Final Rule on Enhancing Airline Passenger Protections,” the estimates of decreased anxiety to passengers are based on a “premium” applied to the value of a passengers’ time. ^{footnote 18} The United States Department of Transportation found that the monetary value of a reduction in anxiety for airline passengers could be estimated by applying a premium of 0.01 to the value of time. However, this premium, which is designed to monetize reduced anxiety to the typical airline passenger, was increased to capture the higher levels of anxiety experienced by persons with disabilities.

Persons with disabilities are at a higher risk ^{footnote 19} of anxiety and discomfort compared to the general population. ^{footnote 20} According to a survey by the Mental Health Foundation, ^{footnote 21} “Living with Anxiety” in the United Kingdom in 2014, individuals with physical disability experience higher levels of anxiety, up to three times compared to individuals with no disability. Similarly, the National Health Survey “Mental Health and co-existing physical health conditions,” Australian Bureau of Statistics, ^{footnote 22} 2014–2015, found that people with at least two mental or behavioural conditions reported anxiety up to five times more than those with no disability. The mid-point between these two estimates is considered to capture the difference between how anxious a person with disability feels compared to individuals without any form of disability when travelling.

To monetize decreased anxiety due to the knowledge of clear rules and procedures in place for travel by each mode, a 0.04 premium is applied to the value of time of the passenger. Persons with disabilities are assumed to experience anxiety for a 12-hour period for every trip in the absence of the ATPDR. This accounts for the time taken to plan the trip, the time leading up to the trip and the duration of travel. Due to the uncertainty surrounding this estimate, various plausible values were assessed in the sensitivity analysis.

To estimate the benefit of reduced anxiety for travellers with disabilities, the number of Canadian passengers for each mode is multiplied by 12 hours. The result is multiplied by the hourly value of a passenger’s time and the premium for decreased anxiety to get a monetary value for the benefit. This benefit works out to a total of approximately $8 per passenger per trip for persons with disabilities.

Decreased anxiety resulting from the knowledge of the ATPDR will result in a total present value benefit of $533 million, with an annualized benefit of $81 million.

Reduced stigmatic harm

Interaction with barriers to access in the national transportation system can result in frustration, loss of dignity, or embarrassment for persons with disabilities. The availability of accessible measures from curbside, through check-in, and all the way through the completion of the travel process, reduces the need for assistance and minimizes feelings of frustration for persons with disabilities. It has been estimated that the premium for avoiding stigmatic harm is approximately 25% of the base value of time. ^{footnote 23} Although not monetized for the purposes of this cost-benefit analysis, in creating a universal travel process that is accessible for persons with disabilities, passengers benefit from the avoidance of embarrassment, loss of dignity, or frustration that may come from having to ask for assistance or struggle with portions of their travel itinerary.

Wider access to desired destinations

The adoption of universal accessibility measures across all modes of transportation within Canada creates a predictable, standard travel environment that encourages maximum participation by all. As a result of this, persons with disabilities have increased confidence in their ability to travel barrier free throughout the country and abroad. Increased ability to travel and fully utilize the transportation system within Canada can result in increases in health and wellness, education, employment, and income for persons with disabilities, ^{footnote 24} which will result in a better quality of life. Canadian transportation service providers will also benefit from the revenues associated with engaging a new, previously uncaptured, segment of the population.

The benefit of increased access to desired destinations is not quantified in this CBA due to a lack of data.

Increased employment opportunity

An accessible transportation system will increase the range of jobs available to persons with disabilities. With increased access to more jobs, persons with disabilities generate more work experience and inevitably qualify for more positions. This increase in qualifications and experience would conceivably result in an increase in employment income. Similarly, it stands to reason that an accessible transportation system increases job satisfaction for persons with disabilities. If there are more jobs available, persons with disabilities can be more selective in their decision-making and choose jobs that align more with their interests and their career goals. This selectivity in occupation choice presumably will result in an increase in job satisfaction.

Greater independence for persons with disabilities

Greater access to desired destinations and employment opportunities provides persons with disabilities an increased level of autonomy when it comes to the day-to-day decisions of their lives. This increase in self-sufficiency and a decrease in reliance on others saves time and money for themselves, for transportation service providers who assist them, and is an overall benefit for all within society.

Time savings

The ATPDR also benefits all passengers using the national transportation system. Children, senior citizens (especially those above 75 years of age), young parents, passengers with heavy luggage, people with temporary mobility issues (e.g. broken leg) and people with limited fluency in local language will also benefit from accessible features in the system.

Accessible features are easier to use and on average tend to reduce the time and effort required of all passengers to access them. These benefits will be realized by Canadian travellers in the form of time savings. Time savings could be a result of enhancements in information provisions (e.g. appropriate signage to aid wayfinding, user-friendly website), reduced barriers to mobility, and better booking options both online and in the form of accessible kiosks. If it is assumed that a minimum of 15 seconds is saved per passenger after the coming into force of the Regulations, Canadian travellers would save a total of 325 370 hours 46 minutes and 51 seconds per year. Applying the value of a traveller’s time results in a benefit to time savings of $41.5 million.

Increased safety

Improvements in accessibility of transportation results in increased safety to all passengers. Safety benefits come in the form of, reduction in physical barriers and gaps due to level differences. While all individuals benefit from such improvements, individuals using mobility aids and those with temporary mobility issues benefit in the form of easy accessibility and reduced probability of injury. This benefit extends to transportation service provider personnel, who benefit from a safer and more accessible work environment.

Costs: Services for the accessibility of transportation

One person, one fare

Air, rail, bus and ferry carriers that are subject to this provision will be prohibited from charging a fare for an additional seat that it provides to a person with a disability who requires the additional seating to accommodate their disability.

Many carriers covered by the Regulations already provide some form of accommodation for persons requiring an extra seat to accommodate a disability and for these carriers, there would be no incremental cost related to this provision. For example, Air Canada and WestJet are already required to practise 1p1f by CTA decision No. 6-AT-A-2008. Other domestic air carriers have adopted the provisions on a limited voluntary basis. Bus and rail carriers already practise 1p1f as do the majority of ferry carriers.

There are two types of costs related to 1p1f: the opportunity cost of losing the possible revenues of the additional seat provided to a person with a disability, determined as the average revenue per seat, times the proportion of passengers requiring an extra seat and the proportion of flights that are effectively sold out; and the administrative cost associated with processing the request of an additional seat. It is assumed that on average it takes half an hour per request and that the wage of such an employee would be $28.95 per hour ^{footnote 25} (2017 Can$).

The present value of incremental costs to industry related to 1p1f is $114,493 to air carriers and $1,674 to ferry carriers.

Curbside assistance

Under the ATPDR, in cases where the carrier does not provide the service, a terminal operator with 10 employees or more (including contracted personnel) will have to provide curbside assistance consisting of wheelchair assistance, guiding assistance and assistance with baggage between the curb and the check-in area or, if there is no check-in area, to a representative of the carrier and to the general public area and the curb. It is assumed that the increase in costs to terminal operators of providing curbside assistance will result in a proportional decrease in costs to passenger carriers as they will no longer provide the service.

It is assumed that terminal operators would need additional human resources to assure the provision of this accommodation service. Only airports are assumed to need to hire additional employees to offer curbside assistance. This is because the distance between the curb and the check-in area is generally longer and more complex to navigate than in other types of terminals. As a result, only airports will need to hire additional employees to ensure compliance with the curbside assistance provision of the ATPDR.

The number of passengers who need curbside assistance throughout the air terminals considered under the ATPDR per year is multiplied by one hour — the assumed time required for an employee to assist a person — and by the assumed wage of this employee ($15.30 in 2017 Can$). ^{footnote 26} The number of requests for curbside assistance is partly based on the ratio of requests to the number of passengers with a disability (0.0118%), which was developed based on information from the CBA survey to industry. The number of passengers per airport ^{footnote 27} is sourced from Statistics Canada, and the percentage of passengers with a disability is 11.15%.

The present value of incremental costs to airports (and the incremental reduction in costs to air carriers) related to curbside assistance is $209,539.

Revision of internal policies on accessible services

Transportation service providers will carry costs associated with updating company policies and procedure manuals to ensure compliance with the service aspects of the Regulations. Carriers will need to revise their policies related to 1p1f, the clearance for travel assessment process, enquiring into the needs of a person with disability, carriage of disability aids, pre-boarding, and reservations, the carriage of persons with allergy-related disabilities, and the retention of medical documents and other information. ^{footnote 28}

It is assumed that each regulatory provision on services would involve on average 160 hours of work of business development officers or consultants for developing the revised internal policy on accessible services. It is assumed that this category of employee costs $40.30 (2017 Can$) per hour. ^{footnote 29}

For the provision on the retention of medical documents and other information, it is assumed that an additional 320 hours of work of information technology (IT) specialists would be needed at a rate of $34.78 an hour (2017 Can$). ^{footnote 30} IT specialists would develop a database for storing medical records for a period of at least three years, as required by the Regulations. All these costs are assumed to be one-time implementation costs occurring in 2020.

The incremental cost of reviewing and implementing the service provisions of the ATPDR is expected to result in present value costs of $324,859 (2012 Can$).

Technical standards for facilities and equipment

The ATPDR sets minimum accessibility standards that apply to any new buildings or facilities purchased or leased by Canadian transportation service providers after the one year following the coming into force of the Regulations. In addition, any major modifications made to existing equipment or facilities are required to comply with the Regulations.

In order to arrive at an estimated cost to passenger carriers and terminal operators, the following several assumptions were made:

• (1) In most cases, the cost of implementing accessible features in new buildings or equipment is negligible compared to the cost of a non-accessible feature. Therefore, carriers will choose to implement accessible options that comply with the Regulations, in both the baseline and ATPDR scenarios.
• (2) Maintenance costs are assumed to be 10% of the implementation cost of buildings or equipment. This is applicable to any provision that requires maintenance.
• (3) The cost of shipping is assumed to be 10% of the product price. This is applicable to any provision that requires shipping of components.
• (4) Installation costs are assumed to be 10% of the product price. This is applicable to any provision that requires installation.
• (5) The number of each type of equipment was sourced from the websites of carriers affected by the Regulations.
• (6) The number of terminal and port facilities were sourced from Statistics Canada, terminal operator submissions and websites of terminals.

Boarding aids

The ATPDR sets out standards and requirements for boarding. Compliance to the provision is required no later than three years after the Regulations come into force. The type of boarding aid required varies by mode of transportation.

It is assumed that ferry passenger carriers and ferry terminals and ports already meet the requirements of the Regulations. Bus carriers are expected to carry costs to purchase step boxes in situations where the first or last step of boarding or disembarking stairs have a riser height that is greater than the height of the other steps. This cost is estimated by multiplying the number of buses by the cost of a step box.

Rail and bus terminal operators are expected to be required to purchase boarding lifts meeting the specification set out in the Regulations. The total cost was determined by multiplying the cost of a boarding lift by the number of boarding lifts required.

Air carriers are required to make updates to boarding stairs to meet the requirements of the Regulations. The cost of upgrading existing boarding stairs was estimated based on information submitted by air carriers.

The present value cost to bus carriers of complying with the boarding aid provision is $26,108. The cost to rail terminals is $144,704. The cost to bus terminal operators is $72,352.

Seat accessibility

The Regulations set accessibility requirements for tactile row markers, moveable armrests and call buttons. For the most part carriers are already in compliance with the seat accessibility provisions, with the exception of the provisions surrounding tactile row markers. Air carriers are expected to carry a cost in order to comply. The cost per row marker was determined based on carrier submissions. To arrive at a total cost, the number of seat rows requiring tactile markers was multiplied by the cost per row marker and the installation cost. Seat accessibility provisions are expected to result in a present value cost to air carriers of $139,351.

Terminal wheelchairs

The Regulations require terminal operators to ensure a sufficient number of wheelchairs at its facilities to address the needs of passengers, within two years of the coming into force of the ATPDR.

It is assumed that to ensure a sufficient number of wheelchairs at facilities, a large airport would require an additional 133 wheelchairs per terminal, a medium-sized terminal would require 8 more wheelchairs, and small terminals would require 4 more wheelchairs.

It is assumed that each bus terminal would require 2 additional wheelchairs, that each ferry terminal would require 4 additional wheelchairs and that each rail terminal would require 5 additional wheelchairs. It is assumed that port operators already meet the number of wheelchairs required.

A wheelchair that meets the specifications of the Regulations was sourced online, and the cost was marked up with the shipping rate for a final unit cost of $303 (2018 Can$). The price of the wheelchair multiplied by the number of terminals results in the total cost per terminal operator. Terminal operators will also carry an annual maintenance cost.

The requirement for terminals to ensure a sufficient number of wheelchairs will result in a present value cost to air terminals of $179,331, a present value cost to rail terminals of $30,156, a present value cost to bus terminals of $6,031 and a present value cost to ferry terminals of $30,156.

Entertainment systems

For existing equipment whose entertainment systems are non-accessible, the ATPDR requires carriers to provide a personal electronic device preloaded with the same or comparable content that is accessible with closed captioning and audio descriptions. It is assumed that carriers that do not currently offer accessible on-board entertainment will make efforts to ensure a portable device with preloaded content will be made available. It is assumed that 84% of air carriers, 38% of bus carriers and 33% of rail carriers offer on-board entertainment.

It is assumed that 1.69% passengers would request an accessible device. Therefore, carriers would need to procure, on average, one tablet per vehicle in the fleet. As technology improves annually, it is assumed that carriers will choose to replace the electronic devices every five years. The annual cost of content loading is 10% of the purchase price of the electronic device.

The price of an electronic unit is $782 (2018 Can$). The cost, which was sourced online, includes a 128 GB commonly used tablet product, a 128 GB external memory storage device, shipping costs and IT implementation costs. The cost to carriers is determined by multiplying the number of applicable vehicles offering entertainment in the fleet by the number of devices needed and the price of the device. The present value cost will be $2,605,897 for air carriers, $259,889 for rail carriers and $303,194 for bus carriers.

Mobility aid spaces

The Regulations require designated mobility aid spaces in rail, ferry and bus passenger carriers. Rail and ferry carriers are assumed to meet the requirements set out in the Regulations or have already made public commitments to retrofit their equipment. Bus carriers with low-floor buses are assumed to meet the requirements regarding mobility aid spaces; however, it is assumed that one mobility aid space per bus would need to be installed on buses that do not have low floors.

A second accessibility space will be installed by bus carriers at a rate of 10% annually of the bus carriers’ accessible fleet. An additional mobility aid space will be implemented by bus carriers through the installation of two removable seats, at a cost of $2,000 (2018 Can$) per bus.

Bus carriers will carry two costs as a result of the Regulations: an initial installation cost and an opportunity cost of lost revenue. The installation cost is calculated by multiplying the number of accessible buses in a carrier’s fleet by the cost of the additional space. The cost is carried annually for 10 years, as a second mobility space is assumed to be installed on 10% of the accessible fleet each year.

The opportunity cost of lost revenue is determined by taking into account the average price of a ticket, the proportion of persons requiring a mobility aid space and the proportion of sold-out bus trips. In accordance with the Regulations, mobility aid spaces will result in present value costs of $41,168 to bus carriers.

Announcements

The ATPDR requires carriers to make announcements for stops and destinations, both audibly and visually. Currently, these announcements are made audibly only in the case of bus carriers. It is assumed that low-floor buses with shared video screens would display announcements on their shared screens. Bus carriers that use buses that do not have low floors would be required to purchase and install one display board per bus. The cost carried for implementing display boards across the bus carriers’ fleet is calculated by multiplying the number of buses that do not have low floors in the bus carriers’ fleet by the price of the display board ($440 in 2018 Can$) and its installation cost. This one-time cost of $162,100 is expected to be carried by bus carriers one year after the coming into force of the Regulations.

Service dog relief area

One year following the coming into force of the ATPDR, terminal operators and ferry operators will be required to provide an exterior relief area for service dogs in non-secure areas of terminals and on ferries operating crossings of four hours or more. Two years following the coming into force of the ATPDR, terminal operators will be required to provide relief areas for service dogs directly accessible from secure areas of terminals.

It is assumed that bus, rail, ferry and port terminals do not have designated dog relief areas. For air terminals, a sample was analyzed to determine the percentage of terminals providing a service dog relief area in secure and non-secure areas of the airport. It is assumed that terminal operators would implement animal relief areas outdoors for non-secure areas and indoors for secure areas.

Since most terminals have areas outside with grass, terminal operators could choose to designate a portion of the areas as a service dog relief area. The cost for designating a relief area is assumed to be $750 (2018 Can$). This cost includes design, signage, and maintenance supplies.

The remaining terminals will need to build service dog relief areas. The total cost of building an outdoor relief area is $5,383 (2018 Can$) per terminal. The cost is derived from terminal operators in other countries that implemented an outdoor service dog relief area.

The cost of creating a service dog relief area in a ferry is $8,600 (2018 Can$). This includes the cost of procuring, shipping and installing the necessary components for the relief area.

Based on industry feedback, the cost of implementing an animal relief area inside a terminal is $250,000 (2018 Can$) per unit. This cost includes modifications to the building infrastructure.

To determine the cost to terminal operators, the cost of designating or building a service dog relief area is multiplied by the number of terminals required to designate or create a service dog relief area. These costs would be carried in the first year following the coming into force of the various service dog relief area provisions. To determine the cost to ferry operators, the cost of installing a service dog relief area is multiplied by the number of ferries required to install a service dog relief area. Ongoing annual maintenance costs are assumed to be 10% of the installation cost for both terminal operators and ferry operators.

The present value costs of designating, building and/or installing and maintaining service dog relief areas is $14,214,874 to air terminal operators, $17,393 to rail terminal operators, $8,696 to bus terminal operators, $13,439 to ferry terminal operators, $11,647 to port terminal operators and $32,731 to ferry operators.

Terminal standards

One year following the coming into force of the Regulations, a terminal operator will be required to ensure its buildings meet the standards set out in CAN/CSA-B651-18. It is assumed that rail, bus, ferry and port terminals comply with the Regulations. Based on feedback from air terminal operators, minor modifications to signage would be required to ensure compliance.

A unit cost for upgrades was determined by dividing the cost estimated by sample airports by the total passenger traffic in the sample airports. This results in a per-passenger unit cost for upgrades. The unit cost was multiplied by the total number of passengers to arrive at a total cost to industry. The cost is expected to be carried in the first year following the coming into force of the Regulations. In order to meet the standards set out in CAN/CSA-B651-18, airports would carry a present value cost of $87,640.

Accessible cabin

The ATPDR requires a rail carrier to ensure that at least two wheelchair-accessible compartments are adjacent to each other, and that meet specific technical standards on trains that offer cabin services. Currently, rail carriers offer one wheelchair-accessible compartment per train. As the upgrade will only be required if the car were to undergo a major renovation, it is assumed that five years following the coming into force of the Regulations, rail carriers would begin to upgrade wheelchair-accessible compartments to implement a second adjacent cabin. Carriers would choose to upgrade one cabin per year.

The total cost of redesigning one rail car is $3.176 million (2018 Can$). This cost is derived from the historical cost of upgrading other rail cars to meet accessible standards. No additional maintenance fee is paid by rail carriers annually. The addition of one extra wheelchair-accessible cabin will not impose extra maintenance fees from the baseline scenario.

The present value cost of upgrading cabins to ensure two adjacent accessible cabins is $7,951,991.

Security screening and border clearance

The ATPDR requires the CBSA and CATSA to meet certain standards related to services, signage and communication, aimed at improving the accessibility of the security and border clearing processes.

CATSA and the CBSA will only be required to make minor changes to services, and these changes are not expected to result in increased costs to either entity. However, an upfront investment would likely be required to ensure compliance with service and electronic signage requirements. It is assumed that updating internal procedures and ensuring electronic signage meets the standards set out in the Regulations will require 160 hours of work for an IT technician and 160 hours of work from a business development officer for each entity. Hourly wages, based on industry averages from Statistics Canada, ^{footnote 31} are $34.78 (2017 Can$) and $40.30 (2017 Can$), respectively.

The present value cost to ensuring compliance with the service, signage and communication requirements is $15,049 for both CATSA and the CBSA.

Communication

The ATPDR sets the requirements regarding communication of general information, automated self-service kiosks, telecommunications systems, public announcements, websites and applications.

Public information

Ferry carriers, ferry terminals, the CBSA and CATSA do not currently comply with the Regulations regarding general public information. It is assumed that these stakeholders would be required to generate a corporate policy to ensure that the information received electronically is compatible with adaptive technology. In addition, IT services are assumed to be required to perform updates to systems.

It is assumed that these updates would take approximately 640 hours of work for an IT technician and 320 hours of work from a business development officer. Hourly wages, based on industry averages from Statistics Canada, are $34.78 and $40.30, respectively. ^{footnote 32}

Automated self-serve kiosks

Currently, air terminal operators and rail carriers do not comply with the Regulations, and as such, would carry costs to meet the standards set out in the ATPDR. The Regulations on kiosks will have delayed coming-into-force dates by three years.

It is estimated that this will require a total of three hours of work from IT per kiosk at $32.46 (2012 $Can) per hour, as well as the cost to upgrade the hardware (software is assumed to be up to date and will not need costing). To upgrade or replace the hardware to ensure the kiosks are accessible, it is assumed to cost $20,000 (2018 $Can) per machine based on industry response.

Air terminals are assumed to have more than one kiosk in locations where kiosks are employed.

There are an estimated six rail stations with more than one kiosk, for a total of 13 kiosks requiring upgrades. Three years following the coming into force of the Regulations, all these kiosks will be required to be accessible. To estimate the costs to upgrade stations with more than one kiosk, the same approach is used to estimate the cost for stations with one kiosk. However, there is an additional 10% added to the total number of kiosks to account for upgrades to other types of kiosks, such as information or parking kiosks.

To estimate the number of kiosks in air terminals, the number of kiosks in an airport is divided by the number of passengers. This ratio is multiplied by the total number of passengers from air terminals with kiosks to estimate the total number of kiosks in air terminals. Based on industry response, it is estimated that 40% of kiosks are already accessible. Therefore, the total number of kiosks is multiplied by 60% to arrive at the total number of kiosks that would not comply with the Regulations. It is estimated there are 345 airport kiosks nationally that need upgrades to become accessible. Kiosks that do not currently comply with the Regulations require three hours of work from IT per kiosk in addition to the $20,000 cost to purchase an accessible kiosk.

As well, it is estimated that each airport and rail carrier would require 320 hours of work from a business development officer to oversee the upgrades of kiosks.

Telecommunications

All stakeholders are expected to bear some costs to ensure that communication materials are available in accessible formats. Ensuring compliance with this provision is expected to require 160 hours from a business development officer and an additional 160 hours from an IT professional. As well, bus operators are expected to assume costs to ensure comparable communication services are offered and to provide information on how to access alternative forms of communication. These provisions are expected to require an additional 160 hours from a business development officer and 160 hours from an IT professional.

Public announcements

The ATPDR requires public announcements to be made available in audio and visual media. All transportation service providers currently meet this requirement, with the exception of the CBSA, the CATSA, bus carriers and bus terminal operators. It is assumed that ensuring compliance with this provision would require approximately 160 hours of work from a business development officer.

Websites and applications

The ATPDR requires websites and applications to comply with the World Wide Web Consortium (W3C)’s accessible content standards. All stakeholders meet these requirements with the exception of bus carriers and terminal operators. This work is expected to require input from both the stakeholder’s corporate policy and IT resources. It is assumed that this work will take approximately 160 hours of work for an IT technician and 160 hours of work from a business development officer.

In addition, transportation service providers will be required to provide information in formats that are not web-based, upon request. All transportation service providers, with the exception of bus carriers and terminal operators, will be expected to carry a cost to ensure compliance. It is assumed that it will take approximately 160 hours for a business development officer to develop a template to produce information upon request.

Communication costs

The present value cost for ensuring compliance with communications related provisions is $0.5M for air carriers, $6.5M for air terminals, $0.1M for terminal operators, $0.3M for port terminals, $0.3M for bus carriers, $0.3M for bus terminals, $0.4M for rail carriers, $0.01M for the CATSA and $0.02M for the CBSA.

Training

The Regulations in regard to training were adapted from the existing Personnel Training for the Assistance of Persons with Disabilities Regulations. However, the Regulations update the language and requirements, including specifying time limits for refresher training. Therefore, it is assumed that all transportation service providers will bear the same cost per person to train their staff under the Regulations.

The costs associated with the training aspect of the Regulations are composed of three parts. These parts include reporting, development and consultation, and delivery of training to employees.

The program description reporting requirement is an administrative cost and is discussed in the section on administrative costs to industry.

Transportation service providers will also be required to consult with persons with disabilities on their training programs. This requirement is assumed to require 160 hours from a business development officer to provide support to the consultant. It is assumed that it will take persons with disabilities 160 hours to review a transportation service provider’s training plan. Persons with disabilities are assumed to be paid consultants’ wages, obtained from Statistics Canada. ^{footnote 33}

The Regulations require revisions to transportation service providers’ personnel training programs. It is assumed that the review and revision of existing programs will require 120 hours from a business development officer.

Finally, the full cost of training is estimated by using Statistics Canada industry employee numbers and the average industry wage as provided by Statistics Canada. ^{footnote 34} Information for CBSA employees and wages are pulled from their departmental reports and collective agreements posted on the Treasury Board Secretariat’s website. The CATSA is assumed to have a similar number of employees and a similar wage rate. In the year following the year in which the Regulations come into force, it is assumed employees will be required to complete three hours of training. This represents an additional hour over the baseline scenario. The additional hour will be required to familiarize employees with their responsibilities under the ATPDR. The number of employees is scaled back by 10% to accommodate for those who do not require training, as they do not directly provide service to the public or participate in making decisions related to the Regulations. The number of employees requiring training is then multiplied by the average industry wage to obtain the total annual training cost.

The present value cost for ensuring compliance with the Regulations is $1.4 million for air carriers, $1.6 million for air terminal operators, $0.2 million for ferry carriers, $0.1 million for bus carriers, $0.1 million for rail carriers, $0.1 million for the CBSA and $0.1 million for the CATSA.

Administrative costs to industry

Administrative costs to industry encompass costs related to the planning, collecting, processing and reporting of relevant information, and completing forms and retaining data required by the federal government to comply with a regulation. In the context of the ATPDR, there are two costs that are considered as such.

First, if, at the request of a carrier, a person with a disability provides the carrier with information, including health information, in relation to a request for a service, the carrier must offer to retain an electronic record of their medical documents and other information for a minimum of three years. This obligation implies that each carrier, across modes of transport, must invest resources and time to create a function within their electronic system to keep track of the information in question.

Second, the Regulations require all transportation service providers to make their accessibility training program descriptions available for inspection to the CTA.

Costs

It is assumed that affected stakeholders would not carry any of the costs related to both of these provisions in the baseline scenario. In the case of the retention of medical records, it is assumed that each carrier would implement their modification to their IT system in 2020. Costs related to this implementation include 320 hours for IT specialists at $34.78/h (2017 $Can) ^{footnote 35} to create the function, and 160 hours for decision makers to manage the implementation at $40.30/h (2017 $Can). ^{footnote 36}

The cost of maintaining a training program on file is assumed to require 160 hours of middle managers’ time at $40.30/h (2017 $Can). ^{footnote 37} It should be noted that this cost is specific to maintaining a description of a training program on file, and does not include the cost of creating or implementing the program.

The present value of administrative costs to industry is $581,412.

Canadian Transportation Agency

The CTA is responsible for protecting the human right of persons with disabilities to an accessible transportation system. It advances this mandate by making rules, resolving disputes and providing information on the rights and responsibilities of transportation providers and users. As well, the CTA is responsible for the monitoring and enforcement of the carriers’ obligations and adherence to CTA orders and decisions.

The CTA is expecting an increase in the number of accessibility related complaints it receives for the first three years following the coming into force of the ATPDR. After the first three years of the Regulations being in force, the annual number of complaints is expected to decrease to 2017–2018 levels.

The CTA is also responsible for the monitoring and enforcement of the regulations it administers. The CTA expects an increase in these efforts for the three years immediately following the coming into force of the Regulations. These efforts are expected to return to current levels three years after the coming into force of the Regulations. The CTA performs stakeholder outreach and disseminates guidelines for training, communication and building standards. The CTA will licence the Canadian Standards Association’s (CSA) Accessible Design for the Built Environment (CAN/CSA-B651-18) for the first five years following the coming into force of the Regulations.

The present value cost to the CTA of the ATPDR is $7.01 million.

Summary

The ATPDR will result in a cost to transportation service providers and the CTA of $46.16M, present value benefits to Canadian passengers of $574.73M and a net present benefit of $528.57M, expressed in 2012 Canadian dollars, over a 10-year period following the coming into force of the Regulations. On an annualized basis, the costs to transportation service providers will be $7.03M. The Regulations will improve the accessibility of transportation service providers’ services, facilities, equipment, and communication.

In some cases, the costs will be negligible as transportation service providers will be able to meet the requirements of the Regulations by simply altering current operating practices, rather than through staffing additional employees. In addition, potentially costly accessibility upgrades to pre-existing equipment or facilities will only be required when the equipment or facility receives a major upgrade.

The benefits of the ATPDR to Canadians far outweigh the cost to transportation service providers of such upgrades, even without monetizing several of the benefits. Persons with disabilities are expected to benefit from decreased anxiety during travel from knowing that transportation service providers will be required by regulation to provide certain accommodations. Those accommodations will be clear to both transportation service providers and to persons with disabilities.

While the Regulations could be recommended on the basis of human rights alone, it can also be recommended on the basis of the net present value that it will generate for Canada.

Consolidated cost-benefit statement

Table 3: Consolidated cost-benefit summary

Base Year	Price Year	Period of Analysis	Discount Rate
2018	2012 Can$	2020–2029	7%

Table 4: A. Monetized impacts $

Cost-Benefit Statement	Annualized Lower Bound	Annualized Upper Bound	Central Analysis — Annualized Value (2020–2029)	Central Analysis — Total Present Value (2019–2029)
Benefits: Canadians	1.48M	597.12M	87.56M	574.73M
Costs: Air passenger carriers	0.38M	1.18M	0.71M	4.64M
Costs: Airport operators	1.59M	5.77M	3.47M	22.75M
Costs: Rail passenger carriers	0.66M	2.00M	1.33M	8.71M
Costs: Rail terminal operators	0.08M	0.27M	0.03M	0.19M
Costs: Bus passenger carriers	0.06M	0.21M	0.13M	0.83M
Costs: Bus terminal operators	0.04M	0.14M	0.06M	0.38M
Costs: Ferry service providers	0.04M	0.11M	0.07M	0.48M
Costs: Ferry terminal operators	0.03M	0.08M	0.01M	0.04M
Costs: Port operators	0.02M	0.06M	0.04M	0.27M
Costs: Canadian Air Transport Security Authority	0.01M	0.03M	0.02M	0.13M
Costs: Canada Border Services Agency	0.01M	0.03M	0.02M	0.14M
Costs: Administration	0.04M	0.13M	0.09M	0.58M
Costs: Government	0.35M	1.78M	1.07M	7.01M
Total costs			7.03M	46.16M
Net benefits			80.52M	528.57M

B. Qualitative impacts

• Reduced stigmatic harm
• Wider access to desired destinations
• Increased employment opportunity
• Greater independence for persons with disabilities
• Increased safety

It is not possible to simply subtract boundary costs from benefits to determine the lower and upper bound net benefits. Due to the dependence of forecasts on the same input variables, it is impossible for extreme results to occur simultaneously (i.e. there is no scenario where the upper bound benefit and lower bound costs would occur at the same time).

Sensitivity analysis

Uncertainty has been taken into account in this cost-benefit analysis by assigning probability distributions to several variables. For the purpose of this analysis, uncertain variables were assigned discrete distributions, with the most likely outcome assigned a 0.6 probability and the two extreme values assigned a 0.2 probability. The results of the cost-benefit analysis were calculated using the median of probabilistic inputs. The low and high net present values (NPVs) were determined by changing one variable at a time to determine the lowest and highest possible combination of outcomes.

It is important to note that in both the high and low NPV scenarios, all probabilistic variables are constant across all models. For instance, the same growth rate was used to determine compensation costs and compensation benefits. This is done to ensure that any given outcome obtained through the simulations is a logically possible outcome.

Finally, it should be noted that the extreme outcomes determined through this sensitivity analysis would be extremely unlikely to occur as they would require several already unlikely outcomes to occur simultaneously. The probability of all extreme values occurring simultaneously is 1.24E^-63.

The table below summarizes the results of the sensitivity analysis.

Table 5: Low, central analysis, and high annualized costs and benefits based on sensitivity analysis

	Low ($M)	Central Analysis ($M)	High ($M)
Benefits to Canadian public	1.48	87.56	597.12
Costs to transportation service providers	2.97	5.96	10.02
Costs to Government	0.35	1.07	1.78
Total cost to all stakeholders (including Government)	3.33	7.03	11.80

Note: Values in this table are presented as the present value using a 7% discount rate.

“One-for-One” Rule

The “One-for-One” Rule applies since there is an incremental increase in administrative burden on business, and the proposal is considered an “IN” under the Rule.

The annualized average of incremental administrative costs potentially imposed on a total of 137 businesses (all sizes, federally registered) will be $62,289 (in 2012 Can$) and the annualized average administrative cost per business will be $430 (in 2012 Can$).

The estimated costs of the administrative burden were based on information gathered from the questionnaire to stakeholders, assumptions, and the CTA subject matter experts. Incremental administrative costs will arise from labour costs related to the time spent by employees on activities pertaining to record keeping, such as the creation and retention of electronic medical documents of persons with disabilities, and the submission of the training program description upon request of the CTA for inspection purposes.

As indicated in the CBA, certain requirements set out in the PTR and the ATR will be retained in the ATPDR, and various changes will only simplify and modernize the provisions. As these requirements are related solely to compliance costs of the stakeholders, administrative burden changes in the PTR and the ATR do not apply.

Small business lens

The small business lens applies as there are impacts on small businesses associated with the ATPDR. Among the nine groups of stakeholders, four groups of small businesses who will be impacted by the Regulations have been identified. The following table illustrates a list of groups of small businesses who will be impacted by the ATPDR.

Table 6: Small businesses impacted by the ATPDR

Groups of Stakeholders	Small Businesses Impacted by the ATPDR
Air carriers	No
Airport operators	Yes
Rail passenger carriers	No
Rail terminal operators	No
Bus passenger carriers	No
Bus terminal operators	No
Ferry service providers	Yes
Ferry terminal operators	Yes
Cruise ship ports	Yes

In determining the size of each business, establishments were classified as small businesses based on the definition of small business found under the Policy on Limiting Regulatory Burden on Business, that is any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenue. Other establishments that do not fall under the above category were considered medium/large businesses. In cases where the number of employees or annual gross revenues of business were not available, assumptions were made to estimate business size. Annex 1 summarizes the methodology and sources along with assumptions used in determining business size. In total, the ATPDR will impose requirements on 13 small businesses. ^{footnote 38}

Additional costs to small businesses largely arise from direct compliance costs related to new technical, service and general requirements.

Table 7: Direct compliance costs

Technical Requirements	Service Requirements	General Requirements
Providing wheelchairs	Providing curbside assistance	Ensuring accessible communication
Providing service dog relief area	Revising internal policies on service accessibility	Meeting accessibility training standards
Meeting minimum accessible design standards	Complying with 1p1f requirement

In addition to compliance costs, small businesses will assume administrative costs to meet the new requirements. Additional administrative costs would arise from the extra effort related to record keeping, such as the creation and retention of electronic medical documents of persons with disabilities, and the submission of the training program description upon request of the CTA for inspection purposes.

The cost calculations were estimated based on information gathered from the questionnaire to stakeholders, assumptions, and subject matter experts at the Canadian Transportation Agency. The projected growth rate of each transportation mode aligns with the cost-benefit analysis and is summarized as follows:

Table 8: Project growth rate by transportation mode

Mode	Growth Rate*
Air	3.10%
Rail	3.08%
Ferry	1.66%
Bus	1.16%

Refer to the cost-benefit analysis for sources.

The recommended option for the ATPDR will ultimately affect a total of 13 small businesses; as noted previously, a second regulatory package will be developed later, which will scope in small carriers and terminal operators that may have unique operating circumstances or infrastructure limitations to take into consideration. To alleviate the burden for small businesses, exemptions from the ATPDR would apply to the smallest of the small business for each category of transportation service providers. As a result, the estimated annualized increase in total industry costs (compliance and administrative) would be $571,980 (in 2012 dollars) for all affected small businesses, and the average cost per small business would be $43,998 (in 2012 dollars). The estimated present value of total industry costs over the 10-year period is valued at $4,017,349 (in 2012 dollars).

Regulatory flexibility analysis statement

Table 9: Small business lens summary ^{footnote 39}

Number of small businesses impacted	13
Number of years	10 years
Base year for costing	2019

Table 10: Small business lens costs

	Annualized Value ($)	Present Value ($)
Compliance costs
Technical requirements	405,656	2,849,158
Services requirements	4,908	34,471
General requirements	148,413	1,042,391
TOTAL	558,977	3,926,020
Administrative costs
Retention of the electronic medical documents of persons with disabilities	2,504	17,587
Training program	10,499	73,742
TOTAL	13,003	91,329
TOTAL COST (all impacted small businesses)	571,980	4,017,349
Cost per impacted small business	43,998	309,027

Consultation

The CTA’s consultative process for the Regulations on accessibility took place in three phases. The first phase was initiated in May 2016 and closed on September 15, 2017. The second phase started September 14, 2018, and closed on November 30, 2018. The third phase began when the Regulations were prepublished in Canada Gazette, Part I on March 9, 2018, with a comment period of 30 days, which closed on April 8, 2019.

In order to develop regulations that are robust, fair and balanced, the CTA considered feedback from the public and stakeholders. The process included inviting and publishing feedback on a discussion paper focused on key issues related to accessible transportation in the national transportation system; three rounds of in-person consultations with the CTA’s Accessibility Advisory Committee (AAC), which comprises representatives from the community of persons with disabilities, the transportation industry (representing all modes — air, rail, ferry and bus) and other interested parties; and approximately 55 face-to-face consultation sessions, including multiple meetings with disability associations and meetings with the CATSA, the CBSA, the Canadian Airports Council, the Association of Canadian Port Authorities, and carriers from the air, marine, rail and bus modes. In addition to the extensive feedback obtained through the in-person events, the CTA received over 235 written submissions from stakeholders and private citizens.

As summarized in the What We Heard report published in June 2017 and as reflected in the next sections below, the consultations confirmed that there is wide support from industry, disability rights organizations and the general public for the development of a single, comprehensive set of accessible transportation regulations that apply across the national transportation system.

During the second phase of in-person consultations in the fall of 2018, a discussion paper summarizing the details of the proposed elements for the regulations was provided to stakeholders. In addition, a third all-day AAC meeting and various additional meetings and teleconferences with individual stakeholders were held. This led to additional stakeholder meetings and written submissions.

Highlights of the stakeholder feedback received are shown below, organized by four key themes: services for the accessibility of transportation; accessible facilities and equipment; training; and communication. Concerns about the cost implications of various proposals are also noted below where applicable.

Services for the accessibility of transportation

International air services

The CTA’s consultations included questions as to whether some regulations currently applicable only to domestic flights involving aircraft of a certain size (i.e. under the ATR) should be extended.

Members of the disability community generally felt that robust, accessible service requirements should apply across both domestic and international travel (including the 1p1f policy, which protects those who need an attendant or service dog, for example, at no additional charge to the passenger). These stakeholders expressed frustration with uneven accessibility services and reported numerous challenges in achieving the right to accessible travel.

Industry stakeholders felt that any regulation of Canadian carriers’ operations abroad should be consistent with regulations in the relevant foreign jurisdictions and voiced concern regarding overlapping or conflicting regulations across jurisdictions. Canadian air carriers also had concerns regarding unfair competition with international counterparts that might not face the same accessible service standards, and advocated for a level playing field. Finally, air stakeholders (Canadian and foreign) raised concerns regarding the extension of the 1p1f policy to international travel, for example, given international air treaty implications. Air carriers also suggested that the 1p1f requirement established in CTA jurisprudence represented potentially significant revenue loss and was therefore not appropriate to impose on industry, but rather should be covered by public funds.

Under the Regulations, most service provisions will apply to both domestic and international carriers and travel, and will also generally reflect current requirements or practices in both the United States and the European Union (EU). This addresses the need for consistency, both for members of the disability community and industry, and for regulatory alignment.

The 1p1f requirement only applies to domestic travel, however, due to the need for further analysis and consultations at the international level (for example, with respect to the implications for international treaties). The 1p1f domestic requirement is included in this package given that it is a well-established human right in Canada since 2008.

Together with the 1p1f requirement for domestic travel, the allergy buffer zone requirement in the Regulations for both international and domestic travel position Canada as a global leader in accessible services among its international counterparts. The 1p1f and allergy buffer zone requirements are world-leading.

Service dogs

Some stakeholders in the disability community raised concerns about unwanted or intrusive questioning regarding their service dog from carriers throughout their travel, from check-in to de-boarding.

Some members of the disability community favoured requiring transportation service providers to retain records about passengers’ service dog information, so that passengers are not required to provide it each time they travel. These stakeholders also felt that airports should have areas directly accessible from the secure side of the terminal where service dogs can be relieved.

At the same time, industry suggested that fraud (for example, a passenger presenting an untrained pet as a service dog) is on the rise, and that this poses a risk of harm to carrier staff, other passengers, and trained service dogs. Industry noted that, for these reasons, it is important to be able to validate a passenger’s request to bring a service animal on board.

The Regulations balance stakeholder input. They recognize the legitimacy of service dogs for a wide range of disabilities and protect persons with disabilities from unwanted or intrusive questioning. At the same time, carriers will be able to seek further information from the passenger.

As well, the Regulations — upon request — require transportation service providers to retain information about a person’s service dog for at least three years, and also require applicable terminal operators to provide a secure-side relieving area.

Allergies

Certain members of the disability community, as well as the general public (e.g. parents of children with peanut allergies), felt that carriers should be banned from distributing nuts and/or should provide wide buffer zones for persons with a disability as a result of a severe allergy. Industry across all transportation modes generally suggested that buffer zones are difficult to implement and are not evidence-based. They tended to be opposed to establishing buffer zones. Industry also noted that an outright prohibition on allergens — or an expectation that industry could eliminate the risk completely of a passenger’s allergic reaction — would be impossible, given the range of potential allergens and the reality that other passengers may nonetheless bring allergens on board.

The Regulations do not prohibit different types of allergens on board, but require carriers in all transportation modes to take measures to assist a person with a severe allergy to mitigate the risk of a reaction by providing a buffer zone (i.e. in a different bank of seats). Consistent with human rights principles, the Regulations protect the rights of those with a severe allergy, without discrimination as to the type of allergen.

Accessible facilities and equipment

The CTA’s consultations on equipment and related technical standards, including the current codes of practice in this area, resulted in feedback specific to all different modes of travel: air, rail, marine (ferries), and road (buses).

Members of the disability community tended to advocate for high universal standards of accessibility. They also voiced concerns about inaccessible equipment and difficulties in navigating independently (e.g. lack of tactile signage in aircraft) in Canada.

In general, carriers across the transportation modes raised concerns about the costs of upgrading their equipment, and emphasized the importance of alignment with requirements in the United States, which generally dictate what manufacturers in the global marketplace will deliver for technical specifications. Industry also raised concerns with the prospect of having to remove seats for disability accommodations, given the potential revenue loss.

The Regulations have taken into consideration industry’s concerns while ensuring that equipment and facilities will be accessible to persons with disabilities. Technical requirements will not require retrofits (although requirements will need to be met if major changes are being made) or pre-approvals, and there will be no requirement for carriers to remove seats (e.g. to expand washrooms). However, new purchases or leases will have to include the accessibility features outlined in the Regulations.

The technical requirements will generally align with those of the United States and the EU, to ensure consistency for persons with disabilities. At the same time, this will ensure that requirements are operationally feasible for carriers and reflect the global marketplace for procurement.

Accessible on-board entertainment

Under the Regulations, accessible on-board entertainment is an element of technical requirements for carriers. Concerns about the accessibility of on-board entertainment systems were voiced by members of the disability community, with some feeling that mitigation efforts should include allowing passengers with disabilities to be able to use Wi-Fi and other means of accessing in-flight entertainment services free-of-charge. There were also concerns about the accessibility of on-board announcements and safety videos. It was stated that new aircraft are phasing out physical call buttons and personal lighting controls and shifting to screen-based digital functions that may be inaccessible to some.

Meanwhile, industry feedback was mixed. Most consulted did not support requiring the retrofitting of existing aircraft with accessible on-board entertainment or alternatives, some supported requirements relevant to future purchases and others rejected any regulation in this area altogether. Some members of industry suggested that regulation in this area would discourage them from offering on-board entertainment, thereby harming their competitive advantage in providing diverse service offerings. Canadian industry also raised concerns with the cost implications of the on-board entertainment proposal, noting that a similar requirement does not exist in the EU, and suggested they would be placed at a competitive disadvantage by this requirement.

The Regulations include provisions on the accessibility of on-board entertainment, in order to promote the inclusion and full participation of persons with disabilities in society, but allow for flexibility in terms of how the entertainment is accessed. There are also provisions regarding the accessibility of call buttons and operating controls to address concerns in this area.

Other issues

Curbside assistance

Many members of the disability community felt that curbside assistance should be required at terminals for both arrivals and departures, and that carriers and terminals should have to provide travellers with pre-travel information about “meet and assist” and other assistance options.

Some terminal operators suggested that curbside assistance is not their responsibility but rather the carrier’s responsibility, and that smaller terminals could lack the funds to support curbside assistance programs.

The Regulations require terminal operators to provide curbside assistance upon the passenger’s arrival at the terminal (curb to check-in) and upon departure (general arrivals/baggage area to curb), unless the carrier is providing this assistance. Terminal operators with fewer than 10 employees or contracted personnel will not be required to comply with this provision.

Training

Following consultations, the CTA determined that changes are needed to strengthen the current regulation on personnel training for the assistance of persons with disabilities, given the importance it has for the communities representing people with disabilities. A key change is to address the frequency of refresher training, which those consulted (both industry and members of the disability community) felt should occur anywhere from annually to every three years. The Regulations set a minimum requirement for refresher training of at least once every three years, which will not impede carriers who choose to provide it more frequently.

Results of the consultations suggested that transportation service providers should be required to consult with persons with disabilities when developing and implementing their training programs, and the Regulations reflect this suggestion. This was a point repeatedly highlighted by members of the disability community.

Communication

When consulted on communication issues and on the CTA’s current code of practice in this area, persons with disabilities reported that barriers to independent travel exist in signage, online booking systems, websites/kiosks and elsewhere. Specific suggestions included that websites should have to comply with the standards set out by the World Wide Web Consortium (W3C).

Some stakeholders (both members of the disability community and industry) noted challenges in regulating this issue, due to the constant evolution of the relevant technologies.

The Regulations address that point: in areas related to self-service kiosks, among others, technical provisions will follow the accessible design specifications set by the Canadian Standards Association and the W3C, and will evolve in line with those specifications.

To address industry concerns about the cost of implementing self-serve kiosks, these requirements will be gradually phased in over a three-year period.

Prepublication in Part I of the Canada Gazette (CGI) — March 2019

On March 9, 2019, the Regulations were published in CGI. This initiated the third phase of consultations, comprised of a 30-day comment period to allow interested persons and stakeholders to submit comments. During this comment period, the CTA received a total of 64 written submissions from the community of persons with disabilities, industry and the general public, and held several in-person and teleconference consultation meetings.

One message that prefaced many of the consultation responses that the CTA received — from industry representatives as well as disability advocacy groups — is that many stakeholders indicated that they felt they had been heard in the preceding rounds of consultations. They were appreciative of the adjustments which were reflected in the Regulations published in CGI following consultations on the detailed regulatory summary document.

The feedback received from each stakeholder group, and the response, is outlined below.

Members of the disability community

Disclosure of the applicability of the Regulations to a transportation service provider

Given that the application provisions of the Regulations require many, but not all, transportation service providers to comply with the Regulations, some members of the community of persons with disabilities expressed concern that there would be uncertainty regarding whether or not they could easily determine that a given transportation service provider was subject to the Regulations. A provision has been added to the Regulations to require each transportation service provider to clearly set out whether or not they are subject to the Regulations in order to ensure that passengers know their rights.

Dignity in the provision of services

One issue raised by this stakeholder group is that they felt that at times services are not always provided in an appropriate manner. They asked for a specification that services should be provided “in a manner that preserves their dignity.” The Regulations now include the wording proposed by members of the community of persons with disabilities to ensure that services are provided in a manner that preserves their dignity.

Advance notice

Under the Regulations, a carrier’s obligation to provide certain services generally involves 48 hours’ advance notice by the passenger, although reasonable efforts to provide the service must still be made even if advance notice is not given.

The draft regulations also allowed for the possibility that a carrier might need 96 hours’ notice. While this was intended to address situations where additional medical or other documentation is required to properly accommodate the passenger, the community of persons with disabilities raised concerns that it could be used in situations regarding assistance of a routine nature, such as the use of a wheelchair.

The Regulations have been amended to specify that carriers may require information or documents, including medical certificates, up to 96 hours in advance of departure, if 48 hours is insufficient for them to make an assessment of a request for services set under Part 2.

Carriers must always make reasonable efforts to provide a service, regardless of whether notice is given.

Service dogs

(a) Training

Some service dog users expressed concerns regarding the notion that service dogs must be trained by those who specialize in service dog training, arguing that there are many service dogs, which have been properly trained by the service dog user or another individual. Further, Canada does not have a national certification or accreditation system across jurisdictions. In order to protect the rights of persons using legitimate service dogs from being eroded by those purporting to be using trained dogs, and because of safety concerns, no changes were made to address this issue at this point.

(b) Attestation and documentation

Some members of the community of persons with disabilities indicated that the provisions regarding the attestation and documentation of service dogs were not sufficiently clear.

This section of the Regulations has been clarified to specify the timing requiring attestation and documentation. Specifically, carriers are permitted to require that passengers travelling with a service dog make a declaration that their animal has been trained to perform a specific task at the time of booking a reservation, and where this is not already reflected in a passenger’s record, to provide documentation prior to their travel.

(c) Terminal relief areas

Both terminal operators and service dog users indicated that they were pleased to see the inclusion of a requirement regarding service dog relief areas accessible from the secure side of transportation terminals, but expressed concern that terminals are required to provide indoor secure-side relief areas.

Language regarding the provision of relief areas in terminals has been adjusted to specify that there must be relief areas that are directly accessible from both the pre- and post-security screening areas, but no longer specify that the relief area on the post-security screening side needs be located indoors.

Inclusion of the deaf-blind in communications obligations

Members of the disability community indicated that it was important to include specific reference to persons who are deaf-blind in the Regulations. Considering that the Regulations are comprehensive and require that services must be provided in a manner that preserves the dignity of all persons with disabilities (including the deaf-blind), and ensure barrier-free access to all persons with disabilities (including the deaf-blind), no further amendment is required.

Training

(a) Human rights principles

Members of the community of persons with disabilities requested more explicit reference to human rights principles in the Regulations. In response to this feedback, training must cover key principles of dignity, equal opportunities, barrier-free access, and autonomy. The principles reflect those in the proposed Accessible Canada Act.

(b) Knowledge requirements

The training requirements were also strengthened by including knowledge requirements with respect to the types of barriers that may hinder equal access, and secondly, how to interact with persons with different types of disabilities.

Periodic inquiry

In light of concerns raised by the community of persons with disabilities, an exception to the periodic inquiry provisions for smaller aircraft with fewer than 30 seats (operated by a large carrier) was removed. This will ensure that personnel periodically enquire about a person’s needs unless the person is able to request assistance by means of a call button.

Transportation service providers

The air industry, in particular, raised concerns with the cumulative impact of this regulatory package with other regulations that are currently advancing. However, the ATPDR does not come into effect for one year after registration, with more complex provisions taking effect in three years. This is intended to provide lead time to come into compliance. In addition, many of the requirements have long since been established in other countries, and extensive consultations have been held on this package since 2016. The air industry’s input has been taken into account in developing these Regulations.

The air industry also expressed concern about certain provisions that set Canada apart from other jurisdictions, notably the 1p1f requirement and the allergy zone requirement. The 1p1f requirement was retained in this package as it has been an established right in Canada for over a decade. The allergy zone requirement reflects carriers’ input that rigid buffer zones are not operationally feasible, and simply requires carriers to take measures to minimize risk to a severely allergic passenger, e.g. by reseating them in a different bank of seats.

Finally, some Canadian carriers asked what would happen if some required technical features might not be certified for installation or even available in the global marketplace. A new provision has been added to the Regulations, to make it clear that carriers are not required to install technical equipment that simply cannot be procured in the global marketplace or that is not certified for installation.

Application section

During the consultations, air industry stakeholders requested clarification on the intended scope of the Regulations in the air sector where multiple carriers are involved, whether in a commercial arrangement (a code share or capacity purchase agreement), or in an interline. Concerns were also registered about the possibility that Canadian carriers could be held accountable for the activities of foreign code share partners. Finally, it was suggested that applying the service requirements to foreign carriers is extraterritorial.

Some amendments have been made to better clarify the policy intent in this area. First, large carriers, as defined in the Regulations, operating under a commercial agreement with another large carrier, are subject to the Regulations. A commercial agreement includes a code share or a capacity agreement. It does not include an interline, as that is not a commercial agreement. Small carriers, as mentioned previously, are not subject to the Regulations.

A large foreign carrier operating to or from Canada is required to follow Part 2 of the Regulations, which is fully within the scope of the authority in the Act. As well, a large foreign carrier operating under a code share with a domestic carrier is required to follow Part 2 of the Regulations. Foreign carriers are not subject to other provisions that apply only to domestic carriers, such as training and technical requirements.

In line with established jurisprudence, the Regulations make it clear that a marketing carrier is accountable to the passenger when it has a commercial arrangement with an operating carrier to deliver service to the passenger, if the operating carrier fails to meet the Part 2 service requirements set out in these Regulations.

Finally, an amendment has been made to better clarify the application of the Regulations with regard to large carriers for charter flights. For example, charter flights of large carriers are scoped-in when seats are purchased for resale to the public, to ensure that these passengers are covered.

Communications-related provisions

Transportation service providers raised concerns about the operational feasibility of certain requirements, namely the requirement to provide every announcement in a terminal in an accessible format; the requirement to provide teletypewriting (TTY) services; and the requirement to provide written information in various accessible formats. As well, members of the disability community have suggested that certain formats or technologies are increasingly less relevant today. As a result, requirements have been adjusted to ensure that the requirements are operationally feasible, but still meet the objective of accessible transportation for persons with disabilities:

• Under the Regulations, public announcements inside a terminal in Canada must be made accessible in both audio and visual formats. This requirement is now more clearly focused on announcements for passengers at the gate or track relating to boarding, a change in departure, gate or track assignments, and announcements relating to safety or security. These announcements are essential to all travellers.
• While the Regulations would have required transportation service providers to make TTY available, input received is that the demand for this service is quite low, as passengers are using modern technology and methods such as telephone relay services, or video relay services. There is no longer such a requirement in the United States. The requirement that service providers have a TTY has been removed. Transportation service providers must still provide the option, and publish the telephone numbers for, telephone or video relay services.
• The Regulations require that, when transportation service providers make available to the public information about a transportation-related service, it must be accessible. An amendment will clarify that if the information is available only in paper format, it must be made available, on request, in large print, Braille or electronic format. There is little demand for large print and Braille. Electronic formats are generally preferred as the font can be enlarged and it must be screen-readable. Information provided electronically does not need to be transcribed into Braille or large print.
• Similarly, the option for carriers to convey safety briefing information through the use of an electronic device rather than in Braille or large print was added.

Advance notice

One concern raised by a number of transportation service providers was with respect to the feasibility of a range of services that — in contrast to the Air Transportation Regulations — were exempted from the 48 hours’ advance notice requirements. Carriers argued that providing such services without advance notice would be operationally difficult, either because of staffing considerations or with respect to the operational feasibility of fulfilling requests for service at the time of departure. For instance, carriers indicated concerns with respect to the on-board entertainment system, when it is not accessible and the carriers must provide tablets containing accessible content. Without advance notice, carriers suggested, they will not know how many tablets are required per trip. On the other hand, members of the disability community argued that many services do not require advance notice.

The CTA made adjustments to the range of services that are exempted from the 48-hour advance notice requirement. Comparable changes were also mirrored in provisions that permit carriers to require documentation for these services. As such, passengers who ask 48 hours in advance must be provided with an on-board wheelchair, obtain an on-board entertainment tablet with accessible content, or a number of other services. Importantly, this change will provide certainty to persons with disabilities who request services 48 hours in advance that they will obtain those services during their travel.

As noted further above, a clarification was also made to the provision allowing for 96 hours’ notice so that it specifically relates to the need for additional medical documentation or other information to make an assessment.

The Regulations include a stipulation that even if no request is made 48 or 96 hours in advance, the transportation service providers must nonetheless make a reasonable effort to provide the service.

Wheelchairs

(a) Terminal Wheelchair Compliance

One issue with respect to the accessibility of facilities and equipment was raised by terminal operators, who indicated a concern with respect to the degree of specificity in the Regulations regarding terminal wheelchairs.

The CTA added a distinction between types of wheelchairs provided by terminal operators, such that wheelchairs that are to be used for boarding passengers will be required to fulfill the more stringent technical requirements, but that fleets of existing wheelchairs could fulfill the purpose of providing more general wheelchair accessibility throughout transportation terminals.

(b) Terminal Wheelchair Clarification

Clarification was added to the Regulations in order to differentiate between requirements when a person is boarding using a boarding chair or their own mobility aid.

(c) On-board wheelchair requirements for ferries

In consideration of industry feedback, specifications for on-board wheelchairs were removed. This reflects that wheelchairs provided for use on board ferries do not need to have the features to facilitate transfers to a seat that are required for those used on board aircraft and trains, as a person can remain in their personal wheelchair on board a ferry and access areas throughout a ferry.

Allergies

Service providers sought greater clarity for the provisions for allergies, in two respects, to ensure the requirement was well understood by all.

(a) Definition of “severe allergy”

A definition of what constitutes a severe allergy was included to specify that it is an allergy which can cause a person to experience significant physical distress if directly exposed to the relevant allergen.

(b) Definition of “bank of seats”

To clarify the requirement regarding the establishment of a buffer zone, a definition was also added to indicate that a bank of seats includes seats that are immediately adjacent but excludes seats across an aisle. The provision was also revised to indicate that passengers must be provided with a bank of seats that is free of the relevant allergen and that is other than in the bank of seats facing the one containing the allergen.

Other issues raised during consultations

Subsection 172(2) of the Canada Transportation Act — Impact on Regulations

Some members of the community of persons with disabilities raised concerns about the impact of subsection 172(2) of the Canada Transportation Act on the Regulations. Subsection 172(2) provides, “Where the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency shall determine that there is no undue obstacle to the mobility of persons with disabilities.”

While they recognize that there are important provisions in the Regulations, they were concerned that implementing the Regulations, with subsection 172(2) still in effect, will constrain the abilities of persons with disabilities to pursue human rights complaints. In particular, if the CTA implements the Regulations, then to the extent that service providers comply with their provisions, the CTA would not be able to find that there is an undue obstacle and provide a remedy.

On the other hand, if the Regulations are not put in place, persons with disabilities would fail to secure or be afforded the entitlements set out in the Regulations. The Regulations transform a voluntary compliance regime to enforceable regulations that include a broad set of requirements for transportation service providers, thereby establishing a broad set of entitlements on which persons with disabilities can rely and that are enforceable through administrative monetary penalties.

In May 2019, the Standing Senate Committee on Social Affairs, Science and Technology passed an amendment to Bill C-81 that would amend subsection 172(2) of the Canada Transportation Act. This would provide clear direction to the CTA that, if it is of the opinion that there is an undue barrier for a particular individual, despite the compliance with a regulation, the CTA may still require appropriate corrective measures.

Issues to be addressed in second stage regulation

A number of key accessibility-related issues were raised and will be considered for the second-stage regulatory package. The issues to be considered include small carriers and the terminals that serve them, the extension of 1p1f requirements to international transportation, on-board transportation of emotional support animals, and planning and reporting obligations if Bill C-81 receives royal assent. Some of the regulatory measures to be considered for this second package are complex and require further analysis and consultation.

• The community of persons with disabilities was generally disappointed that small carriers were not scoped-in to this package. However, industry organizations indicate that they cannot afford large-scale investment that may be necessitated by application of the full suite of the regulations. Key considerations here include preserving service on certain routes, as smaller carriers may provide service to destinations that larger carriers do not, as well as the possible constraints for the fleets of smaller carriers to meet technical requirements, such as the requirement to have on-board wheelchairs.
• The extension of 1p1f requirements to international transportation. Most members of the community of persons with disabilities strongly support the extension of 1p1f, arguing that it is a human right such that the current limitation of 1p1f is discriminatory. Carriers have noted concerns with extra-territorial jurisdiction and argue that extending this service would violate international agreements.
• With respect to emotional support animals, carriers often cite concerns with fraud as well as safety considerations with provisions that would require them to carry emotional support animals. Their position receives support from some members of the disability community, who argue that emotional support animals do not receive the same level of training and certification as service dogs. Others in the disability community advocate in support of the importance that they be allowed to travel with their emotional support animal.
• Finally, with respect to planning and reporting obligations, members of the disability community often emphasize the importance of making relevant information publicly available, particularly with respect to complaints and compliance failures. Carriers have noted concerns around administrative burden and relevance of data that could be collected.

Regulatory cooperation and alignment

Canada’s heavy reliance on voluntary codes of practice currently leaves it lagging behind other key jurisdictions that have comprehensive and enforceable accessible transportation regulations, notably the United States and the EU.

The Regulations align Canada’s regulations and practices with those of the United States and the EU (for example regarding curbside assistance, accessible buses and rail requirements, and service animal relief areas on the secure side of terminals). This alignment will allow for a predictable, more consistent level of accessibility, not only within Canada’s national transportation system, but for travel between Canada and the United States and between Canada and EU member states. It will also alleviate the burden on carriers with respect to tracking and abiding by different requirements across jurisdictions.

Regulatory alignment of the Regulations with U.S. and EU regulations

The tables below illustrate how the regulatory requirements compare with those in the United States and the EU.

Table 11: Regulatory alignment — Regulations and U.S. and EU regulations for air provisions

Air Provisions in the Regulations	Canada	U.S.	EU
1p1f	Yes	No	No
Advance notice	Yes	Yes	Yes
Clearance for travel	Yes	Yes	Yes
Assistance at airports	Yes	Yes	Yes
Medical records	Yes	Yes	No
Service dogs	Yes	Yes	Yes
Communication in accessible formats	Yes	Yes	Yes
Allergies	Yes	No	No
On-board entertainment	Yes	No footnote 40	No
Training	Yes	Yes	Yes

Table 12: Regulatory alignment — Regulations and U.S. and EU regulations for rail provisions

Rail Provisions in the Regulations	Canada	U.S.	EU
1p1f	Yes	No	No
Training requirements	Yes	Yes	Yes
Allergies	Yes	No	No
Lifts or ramps	Yes	Yes	Yes
Washrooms	Yes	Yes	Yes

Table 13: Regulatory Alignment — Regulations and U.S. and EU regulations for ferry provisions

Ferry Provisions in the Regulations	Canada	U.S.	EU
1p1f	Yes	No	No
Accessible reservations	Yes	Yes	Yes
Accessible cabins	Yes	Yes	Yes
Allergies	Yes	No	No
Washrooms	Yes	Yes	Yes

Table 14: Regulatory Alignment — Regulations and U.S. and EU regulations for bus provisions

Bus Provisions in the Regulations	Canada	U.S.	EU
1p1f	Yes	No	No
Allergies	Yes	No	No
Lifts or ramps	Yes	Yes	Yes
Floor surface specifications	Yes	Yes	Yes

The Regulations will better support Canada’s implementation of the CRPD, to which Canada is a party. The United Nations, to whom Canada periodically reports on its progress and new initiatives, monitors Canada’s implementation of the CRPD. The Regulations represent concrete steps to ensure that persons with disabilities have equal access to Canada’s national transportation system, contributing to Canada’s implementation of the CRPD and its broader leadership on human rights, and could serve as an example for other jurisdictions.

At the domestic level, the CTA ensures that the Regulations will complement and support Canada’s proposed Accessible Canada Act. It should be noted that nothing in the Regulations on accessible transportation will diminish the rights of persons with disabilities under the Canadian Human Rights Act.

Gender-based analysis plus

The Regulations inherently support the gender-based analysis plus (GBA+) objectives, given that these aim to ensure that regulatory and other government initiatives do not have unintentional negative effects on particular gender-based or other groups, including persons with physical, mental, intellectual, learning, communication or sensory impairments. The purpose of the Regulations is to benefit all Canadians with disabilities who travel within the national transportation system, regardless of the nature of their disability, gender, age, or any other biological or socio-cultural characteristic.

Further, the Regulations may be of particular benefit to specific subpopulations of persons with disabilities, namely women, Indigenous people and seniors. This conclusion is based on a 2012 Statistics Canada survey on the nearly four million Canadians aged 15 years and older who reported having a disability. The data found that this represented more women (14.9%) than men (12.5%), with women reporting a higher prevalence of almost all types of disabilities. The Indigenous women surveyed were more than 1.5 times as likely as their non-Indigenous counterparts to report a disability, while Indigenous men were approximately 1.2 times as likely as non-Indigenous men to do so. For both men and women, the prevalence of disability rose with age, from just 4% of people aged 15 to 24, up to 43% of persons aged 75 or older.

An additional and important GBA+ consideration is that, in overall terms, persons with disabilities face greater economic disadvantages than other Canadians. Statistics Canada data show that they are significantly less likely to be employed or participate in the labour market, and if employed, their median income is $10,000 less than the median for those without disabilities. Further, the more severe a person’s disability, the lower the median income, which is also lower for women with disabilities than for men with disabilities.

Some individual provisions in the Regulations should particularly benefit those persons with disabilities who have limited financial means. A key example is the 1p1f provision requiring that persons needing additional seating receive it at no extra cost, with the exception of applicable taxes — an approach that ensures persons with disabilities do not face financial burdens, while travelling within Canada in the national transportation system, that are not experienced by persons without disabilities. In addition, the provisions requiring improved space for wheelchairs and other mobility devices on trains and ferries and training for all carrier and terminal personnel who handle such devices across all modes of travel should help protect these often costly, critically important aids from damage and loss.

Accessible transportation is essential for persons with disabilities who need to travel as a condition of their employment. Removing undue obstacles from the system can have positive impacts on employment and therefore the financial well-being of gender subgroups.

Rationale

The current CTA regulations, voluntary codes of practice, and some of the guidance material relevant to accessible travel are outdated and contain significant gaps. While some gaps have been partially addressed through the CTA’s adjudication of individual accessibility complaints, this approach has resulted in an uneven playing field for industry, as only the transportation service providers named in complaints are required to take corrective measures to remove undue obstacles while those not named in complaints are not required to do this. As a result, extensive consultations have confirmed wide support from disability rights organizations, the general public and industry for the development of a single, comprehensive set of accessible transportation regulations that apply across the national transportation system.

The Regulations consolidate existing standards and build on them to ensure they address current accessibility issues and related needs while reflecting the modern operating realities of transportation service providers in the various modes. In addition, the Regulations reflect user expectations and align Canada’s standards with those of other jurisdictions. This will facilitate travel for persons with disabilities by providing for a more predictable and consistent level of accessibility. In addition, it will alleviate the burden on transportation service providers generated by tracking and abiding by different requirements across jurisdictions.

While the Regulations incorporate and build on the existing instruments, new requirements address systemic issues that have emerged since the development of the existing standards, including those related to technological advancements, communication, training, and the accessibility of transportation equipment and terminals.

The Regulations support the CTA’s mandate to ensure the human right of persons with disabilities to an accessible transportation system. More broadly, the Regulations would be complementary to measures set out in Bill C-81, the Accessible Canada Act, and would thereby help achieve the Government’s commitment of a “truly inclusive and accessible Canada,” and advance the objective of positioning Canada as a world leader in accessible transportation. The Regulations also help fulfill the Government of Canada’s priority, as stated by the Prime Minister on December 3, 2018 (the International Day of Persons with Disabilities), “to promote the rights of Canadians with disabilities and build a fairer, more accessible country for all.”

A more detailed description of the rationale for each area of the Regulations is provided below.

Service requirements for the accessibility of transportation

Accessible service provisions (e.g. curbside, check-in, and baggage assistance; 1p1f; provisions concerning service dogs; and allergy buffer zone requirements) will improve the independence and mobility within the transportation system of persons with disabilities, while reducing frustration and the potential for loss of dignity. These provisions are also intended to be operationally feasible for carriers, and they generally align with provisions in other jurisdictions, including the United States and the EU.

Technical requirements for facilities and equipment

The technical requirements will, similarly, increase the independence and dignity of persons with disabilities, and provide consistency for persons with disabilities when travelling within the national transportation system. These results will be achieved through technical elements such as accessible washrooms, kiosks, elevators, and lifts and ramps, in accordance with the most up-to-date B651 specifications, and requirements such as moveable armrests and tactile row markers.

The fundamental right of persons with disabilities to accessible transportation services is further addressed in the Regulations through the requirement for rail carriers to provide two adjacent mobility aid spaces to facilitate the travel together of two persons using mobility aids, which reflects a recent CTA order. In addition, persons with disabilities will experience improved comfort, safety and independence through requirements such as transfer seats; accessible on-board dining areas; wheelchair-accessible compartments; space to safely store mobility aids; train-based boarding ramps or lifts; as well as accessible on-board entertainment systems where these exist.

Finally, the technical provisions are intended to be operationally feasible for carriers and generally align with provisions in other jurisdictions, including the United States and the EU.

Terminals

The availability of transportation-related services from curbside, through check-in, and all the way through the completion of the travel process, will facilitate mobility or remove impediments to travel and minimize feelings of frustration for persons with disabilities.

As well, the Regulations are expected to result in improved mobility for all passengers, through features such as improvement in platform designs and reduction in physical barriers.

Requirements for the CATSA and the CBSA

The measures regarding the CATSA and the CBSA set out in the ATPDR will have a positive impact on the anxiety of a traveller, which can be triggered by the emotional, mental and physical stresses on the body caused by situations such as difficulties in communicating and understanding instructions; being separated from a mobility aid or service dog; and long wait times in a line. Requirements regarding accessible communication and signage, as well as screening a person and their disability aid or service dog at the same time, or promptly returning the aid if it requires separate screening, and being directed to an alternate queue designed to expedite the screening process when it is needed, will assist in alleviating the above-noted impacts on travellers.

Training

The ATPDR ensures that all employees and contractors, who provide different types of transportation-related services to persons with disabilities, are properly trained. The requirement in the ATPDR that transportation service providers consult with persons with disabilities when developing or implementing training programs will provide employees and contractors with the necessary tools to communicate and interact effectively and respectfully with persons who are deaf, deaf-blind, hard of hearing, or who have visual, intellectual, mental health or episodic disabilities.

The requirements on training also reflect input received from the community of persons with disabilities during consultations, emphasizing the importance of partnering with persons with disabilities to develop and deliver meaningful training. Well-developed training programs benefit employees and contractors, as well as persons with disabilities, as better-trained employees and contractors will aim to offer more respectful, valuable, and safe interactions, in addition to preserving independence and dignity of persons with disabilities.

Communications

Provisions related to communications will increase independence for persons with disabilities, and alleviate stress and anxiety, since travellers will be better placed to inform themselves on all aspects of their travel within the national transportation system. In addition, accessible communication features are easier to use and, on average, tend to reduce the time and effort required of all passengers to access them, thereby enhancing passengers’ mobility within the transportation system.

Administrative monetary penalties

In contrast to the existing voluntary codes of practice and guidance material, the requirements in the Regulations will be designated under the Canadian Transportation Agency Designated Provisions Regulations. This will enable designated enforcement officers to impose administrative monetary penalties for non-compliance. The intent is to ensure that the requirements are complied with by transportation service providers, establishing a more consistent travel experience for persons with disabilities and a more level playing field for industry.

Transportation is key to inclusion in all aspects of life, which, in turn, is essential for a person’s well-being. The Regulations will improve the well-being and mobility of persons with disabilities through inclusion, by ensuring that the fundamental human right of persons with disabilities to equal participation in society is supported by a national transportation system that is fully accessible.

Implementation, compliance and enforcement, and service standards

Implementation

Compliance with the majority of the provisions set out in the Regulations will be required within one year of the Regulations being registered, with certain exceptions noted below.

Within two years of the registration of the Regulations, the following requirements must be met:

• Availability of wheelchairs meeting criteria at terminals;
• Availability of on-board wheelchairs meeting criteria, where applicable; and
• Service animal relief area on secure side of terminals.

Within three years of the registration of the Regulations, the following requirements must be met:

• Criteria for boarding lifts, ramps and stairs; and
• Self-service kiosks are accessible.

The CTA will undertake a number of activities in order to promote compliance with the Regulations, including

• Compliance promotion and outreach with industry stakeholders, as well as the development and publication of guidance material;
• Outreach with disability rights associations and events targeted to persons with disabilities, as well as the development of resource materials for persons with disabilities to better inform them of their rights and responsibilities under the ATPDR; and
• The development of tools for CTA enforcement officers, including education sessions, monitoring checklists and reference materials on the monitoring process.

Enforcement

Transportation service providers will be required to start complying with most new provisions within one year of the ATPDR coming into force. While first and non-serious violations will usually result in a warning, serious or repeated violations could result in monetary penalties. The penalty amount will depend on the type, severity and frequency of the contravention. Part 6 of the ATPDR designates the provisions which could receive an AMP and provides that the maximum amount payable for a violation is $25,000 in the case of a corporation and $5,000 in the case of an individual. The ATPDR will include a provision which specifies that Part 6 of those Regulations will be repealed when the Act is amended by Bill C-81, the Accessible Canada Act, when and if it receives royal assent. Therefore, once Bill C-81 receives royal assent and Part 6 of the Regulations is repealed, the contravention of any provision in the Regulations will be subject to an administrative monetary penalty of up to $250,000.

Performance measurement and evaluation

The expected outcomes of the Regulations in the immediate, medium, and longer terms are as follows:

• Immediately: stakeholders will be aware of their obligations under the ATPDR as a result of intensive outreach and promotion by the CTA;
• Medium term: regulated parties will comply with all relevant regulatory requirements as of the dates mandated for different provisions, which range from one to three years following the registration of the ATPDR; and
• Longer term: undue obstacles faced by persons with disabilities travelling in the national transportation system will have been mitigated or removed, creating an accessible transportation system.

The outcomes will be measured and evaluated by the use of multiple streams of data such as monitoring and enforcement activities, data from any accessibility-related complaints that the CTA receives, or from inquiries and research.

The above combination of data will also be used to assist the CTA’s Compliance Directorate to identify any issues or problem areas and evaluate them as possible indicators of non-compliance. The Directorate works according to a risk-based, data-driven, systematic methodology to target finite compliance resources based on the likelihood and expected impact of possible violations.

Contact

Sonia Gangopadhyay
Acting Director
Centre of Expertise for Accessible Transportation
Canadian Transportation Agency
15 Eddy Street
Gatineau, Quebec
K1A 0N9
Telephone: 819‑953‑8961
Email: sonia.gangopadhyay@otc-cta.gc.ca

Annex 1 — Determination of business size

Table 15: Determination of business size

Groups of Stakeholders	Methodology	Data Sources and/or Assumptions
Air carriers	Number of full-time employees of each carrier	Employee list source: Annual Civil Aviation Survey, 2016
Air terminals	Number of full-time employees of each carrier or operating business size or industry average	Industry response Source for employee: Canada’s Airport Occupations (PDF) Calculated based on industry average — number of passengers per employee Annual Report — number of employees The size of the operating business (employee or revenue). Where the number of employees or operating business size was not available, the industry average based on the number of passengers per employee was used to infer the business size.
Rail carrier	Number of full-time employees of each carrier or operating business size	VIA Rail, Annual Report 2017
Rail terminals	Operating business size	Assumptions: VIA Rail owns the rail terminals
Ferry carriers	Number of full-time employees of each carrier	Calculated based on industry average — number of passengers per employee Annual Report — number of employees Based on the size of the operating business (employee or revenue)
Ferry terminals	N/A	Assumptions: ferry carriers own the ferry terminals
Cruise ports	Number of employees of each port calculated based on population of the port area per employee and industry average	Number of employees of each carrier Based on population per employee or industry average Assumptions: population from locations of cruise ports area reflects the employee numbers
Intercity buses	Number of full-time employees of each carrier or calculated based on industry average	Individual website Industry average
Bus terminals	N/A	N/A