Detailed Summary of Proposed Accessibility Transportation ...€¦  · Web viewAuthor: Canadian...

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This document is not a regulation. It is a detailed summary of potential regulations. Table of Contents Introduction.................................................. 2 Definitions................................................... 6 Air Services................................................. 13 Rail Services................................................ 24 Ferry Services............................................... 34 Intercity Bus Services.......................................44 Terminals Services........................................... 55 Aircraft Technical Requirements..............................58 Rail Technical Requirements..................................64 Ferry Technical Provisions...................................77 Intercity Bus Technical Requirements.........................90 Terminal Technical Requirements..............................98 CATSA SECURITY CLEARANCE REQUIREMENTS.......................101 CANADA BORDER SERVICES AGENCY REQUIREMENTS..................103 TRAINING, COMMUNICATIONS, ACCESSIBILITY PLANS, AND REPORTING 105 Introduction The Canadian Transportation Agency (CTA) is Canada's longest- standing independent, expert tribunal and regulator. One of its core mandates is to ensure that persons with disabilities have equal access to Canada's federal transportation network by eliminating 'undue obstacles' (unjustified barriers) to their mobility. The CTA eliminates undue obstacles by: developing and monitoring compliance with regulations and other standards concerning the accessibility of modes of transportation under federal jurisdiction; eliminating problems before they occur by responding to pre-travel inquiries and by educating persons with disabilities and service providers about their rights and responsibilities; and resolving complaints on a case-by-case basis using an approach that is consistent with the

Transcript of Detailed Summary of Proposed Accessibility Transportation ...€¦  · Web viewAuthor: Canadian...

Page 1: Detailed Summary of Proposed Accessibility Transportation ...€¦  · Web viewAuthor: Canadian Transportation Agency Created Date: 09/20/2018 16:48:00 Title: Detailed Summary of

This document is not a regulation. It is a detailed summary of potential regulations.

Table of Contents Introduction...................................................................................................................2 Definitions.....................................................................................................................6 Air Services.................................................................................................................13 Rail Services................................................................................................................24 Ferry Services.............................................................................................................34 Intercity Bus Services................................................................................................44 Terminals Services.....................................................................................................55 Aircraft Technical Requirements...............................................................................58 Rail Technical Requirements.....................................................................................64 Ferry Technical Provisions........................................................................................77 Intercity Bus Technical Requirements......................................................................90 Terminal Technical Requirements.............................................................................98 CATSA SECURITY CLEARANCE REQUIREMENTS...............................................101 CANADA BORDER SERVICES AGENCY REQUIREMENTS...................................103 TRAINING, COMMUNICATIONS, ACCESSIBILITY PLANS, AND REPORTING.....105

Introduction The Canadian Transportation Agency (CTA) is Canada's longest-standing independent, expert tribunal and regulator. One of its core mandates is to ensure that persons with disabilities have equal access to Canada's federal transportation network by eliminating 'undue obstacles' (unjustified barriers) to their mobility.

The CTA eliminates undue obstacles by:

developing and monitoring compliance with regulations and other standards concerning the accessibility of modes of transportation under federal jurisdiction; eliminating problems before they occur by responding to pre-travel inquiries and by educating persons with disabilities and service providers about their rights and responsibilities; and resolving complaints on a case-by-case basis using an approach that is consistent with the one used for identifying and remedying discrimination under human rights law.

Current legislative and regulatory context Part V of the Canada Transportation Act (Act) gives the CTA the responsibility for ensuring that persons with disabilities obtain access to Canada's federal transportation network by eliminating undue obstacles.

Subsection 170(1) of the Act gives the CTA the authority to make regulations to achieve that purpose. For example, the CTA may regulate:

• the design, construction or modification of means of transportation and related facilities and premises and their equipment;

• signage;

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• the training of personnel interacting with persons with disabilities;• the tariffs, rates, fares, charges and terms and conditions of carriage of persons

with disabilities; and,• the communication of information for persons with disabilities.

To date, the CTA has implemented two sets of regulations:

• Air Transportation Regulations, Part VII • Personnel Training for the Assistance of Persons with Disabilities Regulations

And six codes of practice:

• Aircraft Accessibility for Persons with Disabilities • Carriage by Rail of Persons with Disabilities • Ferry Accessibility for Persons with Disabilities • Removing Communication Barriers for Travelers with Disabilities • Passenger Terminal Accessibility • Accessibility of Non - National Airports System Air Terminals

Regulatory Modernization Initiative On May 26, 2016 the CTA launched an initiative to review and modernize the full suite of regulations it is responsible for administering. Many of these regulations date back 20 to 25 years and need updating to reflect changes in user expectations, business models, and best practices in the regulatory field.

The Regulatory Modernization Initiative (RMI) will be anchored in three goals:

Ensuring that industry’s obligations are clear, predictable, and relevant to a range of existing and emerging business practices.

Ensuring that the demands associated with compliance are only as high as necessary to achieve the regulations’ purposes.

Facilitating the efficient and effective identification and correction of instances of noncompliance.

Accessible transportation regulations As part of the RMI, the CTA is developing a single comprehensive set of accessibility regulations.

The new regulations would incorporate and build on the existing Air Transportation Regulations (Part VII), the Personnel Training Regulations, and the codes of practice.

Additional requirements would be added to address: systemic issues which have emerged since the development of those standards, including technological issues; obligations regarding accessibility plans and reporting; communication; training; and the accessibility of transportation equipment and terminals.

The proposed accessibility regulations aim to ensure that the fundamental human right of persons with disabilities to equal participation in society is supported by a federal transportation network that is fully accessible. As well, the proposed regulations would complement Bill C-81, the Accessible Canada Act –tabled in June 2018 – whose

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purpose is to establish a model to eliminate accessibility barriers and lead to more consistent accessibility in areas under federal jurisdiction, including the federal transportation sector.

Consultations Consistent with the CTA's commitment to transparent and meaningful consultations, the CTA conducted extensive consultations on the new accessibility regulations. These began in 2016 and have included publishing and inviting open feedback on a discussion paper focused on key issues related to accessible transportation; in-person consultations with the CTA's Accessibility Advisory Committee, the transportation industry, and other interested parties; and approximately 30 face-to-face consultation sessions with stakeholders. The CTA also received over 200 written submissions from stakeholders and private citizens.

As summarized in the What We Heard Report published in June 2017, the consultations confirmed 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 federal transportation network.

Scope of application It is proposed that the accessibility regulations would apply as follows:

Services – applicable to Canadian carriers operating air or extra-provincial rail, ferry or intercity bus services; foreign carriers operating air, rail, ferry or intercity bus services into/out of Canada; operators of terminals located in Canada, including ports in respect of cruise ship operations; Canadian Air Transport Security Authority; and Canada Border Services Agency.

Transportation Equipment and Terminals – applicable to Canadian carriers and terminals located in Canada, including ports in respect of cruise ship operations.

Training, Communications, Accessibility Plans and Reporting – applicable to Canadian carriers operating air or extra-provincial rail, ferry or intercity bus services; operators of terminals located in Canada, including ports in respect of cruise ship operations; Canadian Air Transport Security Authority; and Canada Border Services Agency.

Incorporation by reference of other standards

Subsection 170(2) of the Act allows the CTA to incorporate by reference in its regulations, standards or enactments, as amended from time to time.

The accessibility regulations would incorporate relevant provisions contained in three well-recognized and accepted accessibility standards: the Canadian Standards Association's (CSA) CAN/CSA-B651-12 (R2017), Accessible Design for the Built Environment, the CSA's CAN/CSA-B651.2-07 (R2017), Accessible design for selfservice interactive devices, and the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG) 2.0.

The CSA is an association engaged in the development of standards and certification activities. CSA standards reflect a national consensus of producers and users, including

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consumers, retailers, unions, governmental agencies, and manufacturers. The standards are used by industry and have been adopted by all levels of Canadian government in their regulations, particularly in the fields of health, safety, building and construction, and the environment.

The CSA standards from which relevant provisions would be incorporated in the new accessibility regulations are CAN/CSA-B651-12 (R2017), Accessible Design for the Built Environment, which contains requirements for making buildings (CSA-B651) and other facilities accessible to persons with a range of physical, sensory, and cognitive abilities, and CAN/CSA-B651.2-07 (R2017), Accessible design for self-service interactive devices (CSA-B651.2), which contains minimum accessibility standards for self-service kiosks.

The other standard proposed to be incorporated in the accessibility regulations is the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 . The W3C is an organization in which member organizations and the public work together to develop web standards.

The accessibility regulations would incorporate the W3C's Web Content Accessibility Guidelines (WCAG) 2.0 , which have been developed through the W3C process in cooperation with individuals and organizations around the world, with a goal of providing a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally.

Relevant provisions in the two CSA standards and the W3C Web Content Accessibility Guidelines (WCAG) 2.0 are already incorporated in various CTA codes of practice concerning the accessibility of terminals, self-service automated kiosks, transportation equipment, and web sites. These same provisions, in addition to new ones necessary to ensure that these elements of the transportation network are fully accessible, would be incorporated by reference in the accessibility regulations. The standards would be available in English and French, without charge, in a format which is accessible. Finally, the references would not be static, meaning, as these standards are amended, the most recent versions would be that which are incorporated in the regulations.

Compliance Compliance with the majority of the provisions of the draft regulations would be within one year of the coming into force of the regulations, unless otherwise stated. For example, regulated entities would be required to comply with the service provisions within the one-year time frame, while compliance with most provisions regarding transportation equipment and terminals would depend on the timing of equipment acquisitions or leases and alterations.

The regulations would be designated under the Canadian Transportation Agency Designated Provisions Regulations − which apply to both domestic and international corporations and individuals − for the contravention of any designated provision. In all but the most serious cases, the first violation is subject to a warning rather than monetary penalties. The penalty amounts for the new accessibility regulations have not yet been determined but currently the CTA can impose monetary penalties not exceeding $5,000 per violation for an individual and $25,000 for a corporation.

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Next Steps The CTA is seeking your input on the detailed summary that follows.

This document is not a regulation. It is a detailed summary of potential regulations. It has been produced by the Agency for consultation purposes only and is not a document that has been drafted by the Department of Justice. Wording is expected to change. AAC members are requested to focus on the substance of the document in preparation for the October 1st meeting.

Definitions accommodation means a service or measure that meets a person’s disability-related needs that is

(a) required by these Regulations; or

(b) customarily offered by a transportation service provider.

Act means the Canada Transportation Act.

air carrier means any person who operates by means of a fixed wing aircraft a

domestic air service or an international air service for the transportation of

passengers or passengers and goods. air terminal operator means an operator of

an air terminal located in Canada.

alteration means a change to an aircraft, rail car, ferry, intercity bus or terminal operated by a transportation service provider that substantially affects, or could affect, access to or usability by passengers of space or features of the aircraft, rail car, ferry, intercity bus or terminal and does not include

(a) a cosmetic change;

(b) a change relating to routine maintenance activities to keep the aircraft, rail car, ferry, intercity bus or terminal and their equipment in good working order; or

(c) a change to mechanical or electrical systems unless it substantially affects access to or usability by passengers of space or features of the aircraft, rail car, ferry, intercity bus or terminal

attendant means a passenger who provides assistance that is not an accommodation to enable a person with a disability to travel on board transportation equipment.

audio description means an audio track including narration that conveys information about visual elements of a video, such as body language, changes in scenery and context, charts and diagrams.

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automated self-service kiosk means a device that

(a) offers independent access to transportation-related services, including check-in, ticketing, and scanning of travel documents for security or border control purposes, parking and information;

(b) requires user input; and

(c) provides physical or electronic output.

bank of seats means seats that are immediately adjacent but not facing each other and excludes those seats that are across the aisle.

Canadian means

(1) in the case of a bus, ferry or rail carrier

(a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

(b) a government in Canada or an agent or mandatary of such a government,

(c) a corporation or entity that is incorporated or otherwise formed under the laws of Canada or a province, or

(2) in the case of an air carrier, has the same meaning as in subsection 55(1) of the Canada Transportation Act.

CATSA means the Canadian Air Transport Security Authority.

CBSA means the Canada Border Services Agency.

closed captions means a visible text version of a video program's dialogue, narration, or other spoken words as well as non-speech information that is

(a) synchronized with an audio program and displayed within a media player; and

(b) capable of being turned on and off by the viewer.

code-share means an arrangement pursuant to which a marketing air carrier provides services by selling transportation in its name on a flight that is operated by another air carrier to and from an air terminal in Canada.

comparable content means entertainment content that is available to a person with a disability by an onboard entertainment system or personal electronic device, such as motion picture or video programming, that

(a) offers closed captioning and audio description; and

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(b) is released within a timeframe as similar as possible to that of the entertainment content available to the other passengers who are on board the same transportation service provider.

contractor means a person except a travel agency, or employee of the person, that performs services under a contract or an arrangement with a transportation service provider and the person is not an employee of the transportation service provider.

curbside means a space that a terminal operator owns, leases or controls where passengers are picked up or dropped off.

day means a calendar day.

disability means a physical, mental, intellectual, learning, communication or sensory impairment – or a functional limitation – whether permanent, temporary, or episodic in nature that, in interaction with an obstacle, hinders a person's full and equal participation in society.

disability aid means a medical device, communication aid or other aid that is designed to meet a person's disability-related needs.

emotional support dog means a dog that provides support-based assistance by its presence to a person with a disability that has a mental or emotional health disorder, as diagnosed in accordance with the Diagnostic and Statistical Manual of Mental Disorders, American Psychiatric Association, (2013), (5th ed.) as amended from time to

time. ferry operator means a person that operates a ferry passenger service.

ferry passenger service means a publicly available scheduled ferry service that is provided for a fare by a ferry operator, for the transportation of passengers or passengers and goods.

ferry terminal operator means a person that operates a ferry terminal that is located in Canada and that serves ferry operators.

flag stop means a site for boarding or deboarding intercity bus passengers, that is customarily located along a highway route and does not have an enclosed waiting area. flight means a journey by fixed wing aircraft that begins or ends at an air terminal in Canada and that uses a single aircraft or, if more than one aircraft, that uses only one flight number.

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food service car means a rail car in which food or drinks are served.

ground transportation service provider means a taxi, limousine, bus or rental car company that operates from a terminal pursuant to a contract or permit with the terminal operator.

interface means the method by which a passenger controls an onboard entertainment system, typically consisting of icons, menus and texts that are selected by touching a video screen, or by pressing buttons on a controlling hardware device.

intercity bus operator means a person that operates an intercity bus service.

intercity bus service means a publicly available scheduled bus service, that is provided for a fare by an intercity bus operator, for the transportation of passengers or passengers and goods, except services relating to charters and tours, urban transit and school transportation.

intercity bus stop means a site, except an intercity bus terminal, for boarding and deboarding passengers.

intercity bus terminal means a facility or space that is in Canada, the main purpose of which is the provision of intercity bus services.

intercity bus terminal operator means a person who operates an intercity bus terminal that the person owns, leases or controls.

lease means a lease of any duration, except a lease entered into to address an unforeseen emergency such as the unavailability of transportation equipment due to a mechanical failure.

mobility aid means a wheelchair, scooter, walker, cane, crutch, prosthesis or any other aid to mobility.

mobility aid space means a space for a wheelchair or a scooter.

onboard wheelchair means a wheelchair that is used onboard transportation equipment to

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(a) transfer a person with a disability to and from a seat; and

(b) move the person to a location if the route to the location or the space within it is not required to be accessible to a person using their mobility aid under these Regulations.

onboard entertainment system means a system that is used on board transportation equipment to provide entertainment and information-based content to passengers.

operating controls include door handles and locks, window mechanisms and locks, faucets and adjustable shower heads, electrical outlets and switches, thermostats, fire alarm pull stations and activation devices.

personal electronic device means an electronic device, such as a smartphone, tablet computer or laptop, that accesses and plays back entertainment and information-based content to passengers.

port terminal operator means a person who operates a terminal or space within a terminal that the person owns, leases or controls, at a port that is located in Canada and that serves cruise ship operations.

rail passenger service means a rail service that is provided for a fare by a railway company, for the transportation of passengers or passengers and goods.

rail terminal operator means a person who operates a rail terminal or space within a terminal that the person owns, leases or controls that is located in Canada and that serves a railway company that operates a rail passenger service.

retail space means space within a terminal that is used for the selling of goods to the public but does not include a carrier controlled space that is available for the use of passengers.

seat means a seat on board an aircraft, rail car, ferry or intercity bus that is ordinarily occupied by a passenger.

service dog means a dog that assists a person with a disability in managing their disability and includes an autism service dog, a diabetic alert dog, a guide dog, a hearing dog, a mobility assistance dog, a psychiatric and post-traumatic stress disorder dog and a seizure response dog that has received task-based training from an accredited professional service animal institution to provide disability-related assistance to a person with a disability.

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terminal means a facility or a space within a facility, intended for use by the public, the main purpose of which is to provide access to transportation services and transportation-related services and its surrounding property, including parking spaces, curbsides, boarding platforms, waiting or rest areas and restrooms.

terminal operator means an air terminal operator, a port terminal operator, a ferry terminal operator, an intercity bus terminal operator and a rail terminal operator.

transportation equipment means

(a) an aircraft, rail car, ferry or bus and their integrated parts including stairs, ramps, and lifts;

(b) movable stairs, ramps and lifts used to board and deboard an aircraft, rail car, ferry or bus;

(c) mechanisms or measures to enable a person with a disability to access areas and features on board aircraft, bus, ferry or rail car; or

(d) mechanisms or measures for communication, including web sites, or for purchasing, obtaining or scanning travel documents.

transportation-related services mean services that are incidental to the transportation services that are offered within the transportation network under the legislative authority of Parliament, and include baggage handling, vehicle rental, public parking and, in the case of terminals, ground transportation from the terminal.

transportation services mean services that are offered by a transportation service provider

(a) for the carriage by air, rail, ferry and bus of passengers or passengers and goods; or

(b) CATSA and CBSA

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year means a calendar year.

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Air Services

1. Application(1) Subject to subsections (2) and (3), this Part applies to an air carrier.

(2) An air carrier referred to in subsection (1), is not required to provide an accommodation in accordance with this Part if

(a) the accommodation is required by a person with a disability during flight; and (b) there is no cabin personnel.

(3) Nothing in this Part relieves an air carrier from complying with applicable health, privacy, safety, and security laws that are necessary for the protection of the health, privacy, safety and security of passengers or air carrier personnel.

2. Clearance for Travel(1)An air carrier may require a person with a disability, where reasonably necessary, to go through its clearance for travel assessment process under section 4 to

(a) provide an accommodation requested under section 9;(b) determine whether the person requires an attendant to assist the person

I. with personal care, including eating, administering medication, or use of the onboard washroom;

II. in transferring to and from a seat during a flight;III. who has an intellectual or a mental health disability with orientation,

communication or other issues relating to the person's disability; orIV. in an emergency situation;

(c) determine whether the person is able to travel safely or that there would be no unreasonable safety risks to other passengers or air carrier personnel if the person were cleared for travel.

3. Clearance for Travel Assessment Process(1) An air carrier must ensure that its clearance for travel assessment process

(a) under paragraph 3(a) or 3(b), includes the consideration of medical and any other relevant information provided to the air carrier under section 5 by a person with a disability or the person's medical professional, and if appropriate, observations of the person's disability by air carrier personnel; or

(b) under paragraph 3(c), assesses the nature, duration and severity of the safetyrelated risk and the likelihood that harm will result, by taking into consideration

(i) relevant safety information that is available to air carrier personnel, including air carrier safety practices, policies and procedures and whether they, or adaptations to them, can mitigate the safety-related risk;

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(ii) relevant medical information provided under section 5 by the person or their medical professional to the air carrier; and

(iii) an assessment by air carrier personnel who are knowledgeable and experienced in dealing with safety-related and accommodation-related issues, including the direct observation by such air carrier personnel of the person's ability to perform safety-related functions.

(2) If an air carrier refuses to transport a person with a disability because the person does not receive clearance for travel, the carrier must give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal. The written explanation must indicate the duration of the refusal and any conditions under which the refusal would be removed.

4. Medical Documents and Other Information(1) An air carrier may require a person with a disability to provide medical documents and other information specified by the air carrier as part of a clearance for travel assessment process under section 4.

(2) An air carrier must, on request by the person, retain the medical documents and information that it receives from a person under subsection (1) for at least three years, beginning on the day of their receipt.

(3) An air carrier must include the accommodation measure required by a person with a disability under section 9 in the person's travel records, including permanent records, and, with the person's consent, make these records accessible to air carrier personnel who are required to interact with passengers.

5. Advance notice(1) An air carrier may require an advance notice of up to 48 hours before the scheduled departure of a flight if the air carrier must

(a) in response to a request for accommodation under section 9,

(i) arrange for the availability of personnel or equipment, including wheelchairs for assistance before boarding and after deboarding, onboard wheelchairs for assistance during flight, and preloaded electronic devices, or for the carriage of a mobility aid;

(ii) provide seating to the person to meet their disability-related needs; or

(b) obtain and review medical documents and information to assess a person's clearance for travel under section 4.

(2) If the medical documents and information that the air carrier receives under paragraph 1(b) are insufficient for the air carrier to make an assessment within 48 hours in respect of the person’s clearance for travel, the air carrier may take additional time to make its assessment and must advise the person of the additional time.

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(3) If the person does not give the advance notice, the air carrier must make reasonable efforts to provide the accommodation.

6. Costs for AccommodationAn air carrier must not impose any costs for providing an accommodation to a person with a disability.

7. Communication of Information(1) An air carrier must make information regarding its accommodation services and any conditions to which the services are subject and its complaints resolution process available to the public by displaying it prominently on its web site.

(2) An air carrier must display prominently on its web site the maximum weight and dimensions of mobility aids that each make and model of aircraft in its fleet is capable of carrying.

8. Accommodation Services(1) Subject to subsection (2), an air carrier must, on request, provide the following accommodation services without unreasonable delay to a person with a disability:

(a) after determining that the person requires an attendant under section 4, provide seating to the person's attendant; (b) if an air carrier accepts

(i) a person's service dog under section 19, provide sufficient space to allow the dog to travel with the person, or

(ii)a person's emotional support dog under section 20, to allow the dog to travel with the person.

(c) assist the person with check-in;

(d) permit the person who is unable to use an automated self-service kiosk or other automated check-in or ticketing process to advance to the front of the queue of the check-in counter or ticket counter;

(e) assist the person in accessing a security screening process at the air terminal by

(i) making air carrier personnel available to them, or

(ii)collaborating with the security personnel to provide a pass to an individual who is not travelling with the person, that allows the individual to assist the person to go through the screening checkpoint;

(f) assist the person in proceeding to a boarding area after check-in;

(g) transfer the person, before boarding and after deboarding the aircraft, between the person's own mobility aid and a mobility aid provided by the air carrier;

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(h) assist the person in boarding and deboarding the aircraft, including by transferring the person between the mobility aid provided by the air carrier and the person's passenger seat;

(i) assist the person in storing and retrieving carry-on baggage;

(j) provide the person before the aircraft's departure and, if that is not possible because of time constraints, without delay after the aircraft's departure, with a description of the layout of the aircraft, including the location of washrooms and the location and operation of passenger-operated controls at the person's seat;

(k) provide the person with an individualized pre-travel safety briefing and demonstration;

(l) assist the person in accessing onboard entertainment, including through the use of an air carrier-supplied preloaded personal electronic device;

(m) provide the person with an onboard wheelchair to

(i) assist the person or their attendant during travel, in the transfer of the person between the onboard wheelchair and the person's seat, and

(ii)assist the person in moving to and from a washroom, using the onboard wheelchair;

(n) assist the person with food that is offered during travel, by cutting large food portions, opening packages and identifying items and their location;

(o) provide the person menus in large print or in braille or describe food and beverages available for consumption;

(p) assist the person in retrieving the person's checked baggage;

(q) assist the person after deboarding the aircraft, in proceeding through immigration and customs,

(i) to the general public area, including to a location where the person may receive curb-side assistance if available, from the terminal operator as required by the provisions in respect of Terminal Services, or

(ii) to a representative of the air carrier;

(2) An air carrier referred to in subsection (1) that is not a Canadian carrier, is not required to comply with paragraph (i).

9. Pre-boarding(1) Subject to subsection (3) and if time permits, an air carrier must allow a person with a disability to board the aircraft in advance of other passengers if the person

(a) requests additional time or assistance to board, be seated or store carry-on baggage;

(b) requests a description of the layout of the aircraft and location and operation of passenger-operated controls at the person's seat; or

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(c) has an allergy-related disability and wishes to clean their seating area to remove any allergens.

(2) An air carrier may require a person with a disability to board the aircraft in advance of other passengers if air carrier personnel require additional time to provide assistance under paragraph (1)(a) or (b), or if additional time is needed by the person to board.

(3) An air carrier may require a person with a disability to board the aircraft at the end of general boarding if the person arrives after the end of pre-boarding and boarding before the other passengers would be disruptive, including when equipment is required to board a person.

10. Enquiring into the Needs of a Person with a Disability

(1) If a person with a disability is not able to access a call button during a flight, air carrier onboard personnel must communicate on a regular basis with the person, and provide the accommodations requested if the accommodations requested by the person are accommodations that are required by this Part.

(2) If a person with a disability who is not independently mobile is waiting at an air terminal for a flight after check-in or while waiting for a connecting flight, air carrier personnel must not leave the person in an isolated area and must communicate on a regular basis with the person to inquire into their accommodation needs and attend to those needs if the accommodations requested by the person are accommodations that are required by this Part.

11. Fares

(1) Subject to subsection (2), an air carrier must not charge a fare or impose any other charge or fee, other than any applicable taxes or a charge that is payable under the Air Travellers Security Charge Act, for an additional seat that it provides to a person with a disability who requires the additional seating

(a) to accommodate their disability, including a functional disability due to severe obesity or a fused leg; (b) for an attendant; or

(c) for a service dog that requires the floor space of an additional adjacent seat in order to remain with the person during the flight and to ensure the safety and well-being of the person and the dog.

(2) Subsection (1) does not apply to an international flight.

12. Reservations(1) An air carrier must,

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(a) on the request of a person with a disability who is making a reservation, describe accommodations that are available in respect of the person's flight, as well as any conditions to which the accommodations are subject;

(b) indicate in the reservation record of a person with a disability the accommodations to be provided and include a written confirmation of them in the person's itinerary or if the accommodation is confirmed after the issuance of the itinerary, at the first opportunity before departure;

(c) advise a foreign air terminal operator of an accommodation that is required by a person with a disability at the foreign air terminal, and if the foreign air terminal operator confirms that accommodation will be provided, include a written confirmation in the person’s itinerary or, if the accommodation is confirmed after the issuance of the person’s itinerary, at the first opportunity before departure;

(d) in the case of a flight cancellation or a substitution of aircraft,

(i) book the next available flight within its network that provides the accommodation required by the person, at the same fare as for the original flight, or,

(ii) if there is no alternate flight within its network that provides the accommodation and the person requests an alternative flight with another carrier,

(A) book the alternative flight if it has the necessary information to confirm the availability of the accommodation on the flight, at the same fare as the original flight; or

(B) advise the person to confirm with the other air carrier that the required accommodation is available on the alternative flight, and upon receiving written confirmation by the other air carrier of this, book the flight at the same fare as the original flight.

(2) In the case of a code-share itinerary,

(a) the marketing air carrier must, when making a reservation for a person with a disability who informs the air carrier of their need for accommodation and after confirming with the operating air carrier that the accommodation will be provided by it

(i) indicate in the reservation record of the person with a disability the accommodation to be provided; and

(ii)provide written confirmation in the person's itinerary that the accommodation will be provided, or if the accommodation is confirmed after the issuance of the person's itinerary, at the first opportunity to make the written confirmation before departure;

(b) if the person requires the use of a disability aid such as a ventilator, respirator, continuous positive airway pressure machine or portable oxygen concentrator during a flight, the marketing air carrier must, when making a reservation for the person, provide the person with

(i) information regarding the use of the disability aid onboard the aircraft of the operating air carrier, if the information is available; and

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(ii) the contact information of the operating air carrier so that the person may discuss their needs and confirm their use of the disability aid during flight; and

(c) if the operating air carrier is unable to provide the required accommodation, the marketing air carrier must inform the person of alternative flights within its network that provide the required accommodation and book the flight at the same fare as the original flight.

13. Seating(1) An air carrier must ensure that their personnel who interact with the public in reserving flights or assigning seats are aware of which seats on an aircraft have features that may contribute to accessibility for persons with disabilities, including seats that have additional leg room, larger seat pitches and liftable armrests.

(2) An air carrier must, before determining the most appropriate seating to be assigned to a person with a disability, discuss with the person the seating that is available in the class of service that the person has requested and any features that could meet the person's disability-related needs.

(3) If due to aircraft or seat design, there are no seats available under subsection (2), the air carrier must inform the person with a disability of available seating that meets the person’s needs

(a) in another class of service on the same flight; and

(b) if there are no seats available under paragraph (a), on an alternative flight within the air carrier’s own network.

(4) if an air carrier provides alternate seating to a person with a disability in a substituted class in accordance with paragraph 3(a) or on an alternative flight in accordance with paragraph 3(b), the air carrier must charge the lesser of the fares for the original and alternative flights.

(5) If a seat that is assigned to the person with a disability does not meet their disabilityrelated needs, the air carrier must, without unreasonable delay, take all possible measures, including during flight, to assign a seat to the person that meets their needs, regardless of the class of service, and at the original fare.

14. Carriage of Mobility Aids and Disability Aids

(1) An air carrier must accept for carriage the mobility aid of a person with a disability as priority baggage.

(2) An air carrier must permit a person with a disability to bring on board its aircraft a disability aid, including a cane, orthotic positioning device, portable oxygen concentrator or communication device that the person requires during a flight.

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(3) An air carrier must, if space permits in the aircraft cabin, store one walker or manually operated folding wheelchair of a person with a disability, with priority over carry-on baggage and other items that are not required during the flight.

(4) An air carrier must give priority to a mobility aid that must be carried in the carrier’s baggage compartment and remove cargo and other baggage stored there if needed to make room for the mobility aid.

(5) An air carrier may require a person to disclose the weight and dimensions of their mobility aid.

(6) An air carrier may refuse to carry a person’s mobility aid if

(a) the door to the baggage compartment, the size of the compartment or aircraft airworthiness considerations, including weight and balance considerations, do not permit its carriage; or

(b) the weight of the mobility aid exceeds the capacity of the mobility aid lift equipment or, where no mobility aid lift equipment is available, the mobility aid is too heavy to be manually loaded into the baggage compartment.

(7) If an air carrier refuses to carry the mobility aid of a person with a disability, the air carrier must

(a) give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal; and

(b) offer the person a replacement flight within the carrier's network using an aircraft that is capable of carrying the mobility aid, if such an aircraft exists, and at the lesser of the fares payable for the original and alternative flights.

(8) Before storing a mobility aid, an air carrier must permit a person with a disability to remain in their mobility aid for as long as possible.

(9) An air carrier that accepts a person with a disability’s mobility aid for carriage must disassemble and package the aid if this is required in order to store the aid in the aircraft's baggage compartment, identify it as priority baggage and on its arrival at the person’s destination, unpackage, reassemble and return it to the person.

(10) The air carrier may require a person with a disability to provide it with written instructions concerning the disassembly and reassembly of the person's mobility aid.

(11) The air carrier may require a person with a disability to check-in and arrive at the boarding gate before the scheduled check-in or boarding time if it must disassemble or package the mobility aid before storing it in the baggage compartment.

15. Damaged, Destroyed, Delayed or Lost Mobility Aids

(1) If an air carrier accepts a mobility aid of a person with a disability for carriage and the aid is damaged, destroyed or lost during carriage or is not available to the person upon arrival at the person's destination, the air carrier must, subject to section 17,

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(a) on the person's arrival and at the air carrier's own expense, provide the person with a temporary replacement that meets the person's disability-related needs;

(b) without delay and at its expense,

(i) arrange for the repair of the mobility aid and return it to the person, or (ii) if the

mobility aid cannot be repaired,

(A) replace it with the same model,

(B) if the model is no longer available, provide a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs, or

(C) reimburse the person for the full cost of the replacement of the mobility aid.

(c) in the case of a mobility aid that does not arrive at the same time as the person and is not located and returned to the person no later than 96 hours after the intended arrival time,

(i) replace it with the same model, or

(ii) if the model is no longer available, provide

(A) a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs; or (B) reimburse the person for the full cost of its replacement.

(d) with respect to a domestic air service, reimburse the person for any expenses incurred by the person as a result of their mobility aid being damaged, destroyed or lost during carriage, or not being available to the person upon their arrival at their destination.

16. Special Declaration of Interest for Mobility Aids

(1) An air carrier operating an international service must proactively offer a person with a disability who travels with a mobility aid, the option to make a special declaration of interest under Article 22(2) of the Montreal Convention in respect of the mobility aid, that sets out the amount of its monetary value and a description of its identifying features. The air carrier must explain the reason why the special declaration of interest is being offered.

(2) An air carrier must permit a person with a disability to make the special declaration of interest at any time before the mobility aid is handed over to the air carrier.

(3) If a mobility aid, in respect of which a special declaration of interest has been made, is damaged, destroyed, delayed as set out in 16 or lost by an air carrier, the air carrier is not required to pay an amount for the repair or replacement that is more than the actual value of the mobility aid.

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(4) The air carrier must publish on its website information in respect of a special declaration of interest, including the opportunity of a person with a disability to make the declaration, when it can be made, its purpose and its consequences.

17. Carriage of Persons with Allergy-Related Disabilities

(1) An air carrier must provide accommodation to a person with an allergy-related disability to

(a) peanuts, nuts or sesame seeds, by

(i) providing a buffer zone that consists of the bank of seats in which the person sits,

(ii)making an announcement to passengers who have seats within the buffer zone that they must refrain from eating peanuts, nuts or sesame seeds or foods containing them that they have brought on board, and

(iii) only serving food within the buffer zone that does not contain peanuts, nuts or sesame seeds as a visible or known component but that may contain traces of peanuts, nuts or sesame seeds as a result of cross contamination;

(b) foods other than peanuts, nuts or sesame seeds, by reseating the person in a different bank of seats away from the source of the allergen;

(c) scents or pets in an enclosed pet carrier, by providing a seating separation between the person and the source of the allergen that consists of at least two banks of seats in front of, behind, and across the aisle adjacent to the person's seat; and

(d) dogs, by providing a seating separation between the person and any service dog or emotional support dog, that consists of at least five banks of seats in front of, behind, and across the aisle adjacent to the person's seat.

18. Carriage of Service Dog(1) An air carrier must accept a person with a disability 's service dog for carriage if the person provides documents to the air carrier that are completed, signed and dated by:

(a) an accredited professional service animal institution, stating that the dog has received task-based training to provide disability-related assistance to the person; and (b) a veterinarian stating that the dog has up-to-date vaccinations.

(2) The air carrier must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person using the same service dog but for no less than three years.

(3) An air carrier must permit a service dog to remain with a person with a disability in a manner that provides sufficient space to ensure the safety and well-being of the person and the service dog.

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19. Carriage of Emotional Support Dog(1) An air carrier must accept a person with a disability's emotional support dog for carriage if

(a) the person provides a document to the air carrier that is completed, signed and dated by a licensed medical doctor or licensed psychologist, and that sets out the health professional's licence date, type and number and the province or other jurisdiction in which the licence was issued stating that:

(i) the person has a mental health-related disability referred to in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, American Psychiatric Association,

(ii) the person is being treated by the licensed health professional in respect of the mental health-related disability, and

(iii) the emotional support dog that accompanies the person during flight is necessary for the purposes of disability mitigation;

(b) the person provides documents to the air carrier that are

(i) completed, signed and dated by a veterinarian stating that the dog has up-to-date vaccinations, and

(ii)completed, signed and dated by the person, attesting that the dog is trained not to relieve itself in a non-indicated area and not to act aggressively or disruptively;

(c) the dog has a vest or other visual means to distinguish it from a pet;

(d) the person confines the dog to an animal carrier, unless the person must remove the dog from its carrier for the purposes of disability mitigation, and the person controls it with a harness, leash, lead or tether;

(2) If the dog has been removed from its animal carrier in accordance with paragraph (1)(d), the person must return the dog to its animal carrier on being informed by air carrier personnel that the dog is a threat to the health or safety of the person, other passengers or air carrier personnel, or is causing a disruption to onboard service.

(3) The air carrier must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person with a disability using the same emotional support dog.

(4) An air carrier must have a policy with respect to accepting emotional support animals that are not dogs, which sets out the circumstances in which it may accept the carriage of such animals. The policy must be displayed prominently on the carrier’s website.

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Rail Services 1. Application

(1) Subject to subsection (2), this Part applies to a railway company that operates a rail passenger service between the provinces of Canada, the provinces and territories of Canada or between Canada and the United States.

(2) Nothing in this Part relieves a railway company from complying with applicable health, privacy, safety and security laws that are necessary for the protection of the health, privacy, safety and security of passengers, railway company personnel, and contracted personnel.

2. Clearance for TravelA railway company may require a person with a disability, where reasonably necessary, to undergo its clearance for travel assessment process under section 4 to

(a) provide an accommodation requested under section 9;

(b) determine whether the person requires an attendant to assist the person

(i) with personal care, including eating, administering medication, or use of a washroom,

(ii) in transferring to and from a seat during travel,

(iii) who has an intellectual or a mental health disability with orientation, communication or other issues relating to the person's disability, or

(iv) in an emergency situation

(c) determine whether the person is able to travel safely or that there would be no unreasonable safety risks to other passengers or railway company personnel if the person were cleared for travel.

3. Clearance for Travel Assessment Process(1) A railway company must ensure that its clearance for travel assessment process

(a) under paragraph 3(a) or 3(b), includes the consideration of medical and any other relevant information provided to the railway company under section 5 by a person with a disability or by the person's medical professional, and if appropriate, observations of the person's disability by railway company personnel; or

(b) under paragraph 3(c), assesses the nature, duration and severity of the safetyrelated risk and the likelihood that harm will result, by taking into consideration

(i) relevant safety information that is available to railway company personnel, including railway company safety practices, policies and procedures and whetherthey, or adaptations to them, can mitigate the safety-related risk,

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(ii) relevant medical information provided under section 5 by the person or their medical professional to the railway company, and

(iii) an assessment by railway company personnel who are knowledgeable and experienced in dealing with safety-related and accommodation-related issues, including the direct observation by the railway company personnel of the person's ability to perform safety-related functions.

(2) If a railway company refuses to transport a person with a disability because the person does not receive clearance for travel, the company must give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal. The written explanation must indicate the duration of the refusal and any the conditions under which the refusal would be removed.

4. Medical Documents and Other Information(1) A railway company may require a person with a disability to provide medical documents and other information specified by the railway company as part of a clearance for travel assessment process under section 4.

(2) A railway company must, on request by the person, retain the medical documents and information that it receives from a person under subsection (1) for at least three years, beginning on the day of their receipt.

(3) A railway company must include the accommodation required by a person with a disability under section 9 in the person's travel records, including permanent records, and, with the person's consent, make these records accessible to railway company personnel who are required to interact with passengers.

5. Advance Notice(1) A railway company may require an advance notice of up to 48 hours before the scheduled departure of the train if the railway company must

(a) in response to a request for accommodation under section 9,

(i) arrange for the availability of personnel or equipment, including wheelchairs for assistance before boarding and after deboarding, onboard wheelchairs for assistance during travel, preloaded electronic devices, or for the carriage of a mobility aid,

(ii) provide seating to the person to meet their disability-related needs, or

(b) obtain and review medical documents and information to assess a person's clearance for travel under section 4.

(2) If medical documents and information that the railway company receives under paragraph 1(b) are insufficient for the railway company to make an assessment within 48 hours in respect of the person’s clearance for travel, the railway company may take

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additional time to make its assessment and must advise the person of the additional time.

(3) If the person does not give the advance notice, the railway company must make reasonable efforts to provide the accommodation.

6. Costs for AccommodationA railway company must not impose any costs for providing an accommodation to a person with a disability.

7. Communication of Information(1) A railway company must make information regarding its accommodation services and any conditions to which the services are subject and its complaints resolution process available to the public by displaying such information prominently on its web site.

(2) A railway company must display prominently on its web site the maximum weight and dimensions of mobility aids that can be carried on the trains operating on each of its routes.

8. Accommodation Services(1) Subject to subsection (2), a railway company must, on request, provide the following accommodation services without unreasonable delay to a person with a disability:

(a) after determining that the person requires an attendant under section 4, provide seating to the person's attendant; (b) if a railway company accepts

(i) a person's service dog under section 18, provide sufficient space to allow the dog to travel with the person, or

(ii)a person's emotional support dog under section 19, to allow the dog to travel with the person.

(c) assist the person with check-in;

(d) permit the person who is unable to use an automated self-service kiosk or other automated check-in or ticketing process to advance to the front of the queue of the check-in counter or ticket counter;

(e) assist the person in accessing a security screening process at the rail terminal by,

(i) making railway company personnel available to them, or

(ii)collaborating with the security personnel to provide a pass to an individual who is not travelling with the person, that allows the individual to assist the person to go through the screening checkpoint;

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(f) assist the person in proceeding to a boarding area after check-in;

(g) transfer the person, before boarding and after deboarding the train, between the person's own mobility aid and a mobility aid provided by the railway company;

(h) assist the person in boarding and deboarding the train, including by transferring the person between the mobility aid provided by the railway company and the person's passenger seat;

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

(j) assist the person in storing and retrieving carry-on baggage;

(k) provide the person before the train's departure and, if that is not possible because of time constraints, without delay after the train's departure, with a description of the layout of the train, including the location of washrooms and the location and operation of passenger-operated controls at the person's seat;

(l) provide the person with an individualized pre-travel safety briefing and demonstration;

(m) assist the person in accessing onboard entertainment, including through the use of a railway company-supplied preloaded personal electronic device; (n) provide the person with an onboard wheelchair to

(i) assist the person or their attendant during travel, in the transfer of the person between the onboard wheelchair and the person's seat, and

(ii)assist the person in moving to and from a washroom, using the onboard wheelchair;

(o) assist the person with food that is offered during travel, by cutting large food portions, opening packages and identifying items and their location;

(p) serve food and beverages, including to the person's attendant or the person's travel companion who is accompanying the person but not as an attendant, when these are available in passenger rail cars that are not accessible to the person;

(q) provide the person menus in large print or in braille or describe food and beverages available for consumption;

(r) assist the person in retrieving the person's checked baggage; (s) assist the

person after deboarding the train, in proceeding

(i) through immigration and customs,

(ii) to the general public area, including to a location where the person may receive curb-side assistance if available, from the terminal operator as required by the provisions in respect of Terminal Services, or

(iii) to a representative of the railway company;

(t) assist the person with baggage at unstaffed rail terminals;

(2) A railway company referred to in subsection (1) that is not a Canadian carrier, is not required to comply with paragraph (m).

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9. Pre-boarding(1) Subject to subsection (3) and if time permits, a railway company must allow a person with a disability to board the train in advance of other passengers if the person

(a) requests additional time or assistance to board, be seated or store carry-on baggage;

(b) requests a description of the layout of the train and location and operation of passenger-operated controls at the person's seat; or

(c) has an allergy-related disability and wishes to clean their seating area to remove any allergens.

(2) A railway company may require a person with a disability to board the train in advance of other passengers if railway company personnel require additional time to provide assistance under paragraph (1)(a) or (b) or if additional time is needed by the person to board.

(3) A railway company may require a person with a disability to board the train at the end of general boarding if the person arrives after the end of pre-boarding and boarding before the other passengers would be disruptive, including when equipment is required to board a person.

10. Enquiring into the Needs of a Person with a Disability

(1) If a person with a disability is not able to access a call button during travel, railway company onboard personnel must communicate on a regular basis with the person, and provide the accommodations requested if the accommodations requested by the person are accommodations that are required by this Part.

(2) If a person with a disability who is not independently mobile is waiting at a staffed rail terminal for a train after check-in or while waiting for a connecting train, railway company personnel must not leave the person in an isolated area and must communicate on a regular basis with the person to inquire into their accommodation needs and attend to those needs if the accommodations requested by the person are accommodations that are required by this Part.

11. Fares(1) Subject to subsection (2), a railway company must not charge a fare or impose any other charge or fee, other than any applicable taxes, for an additional seat that it provides to a person with a disability who requires the additional seating

(a) to accommodate their disability, including a functional disability due to severe obesity or a fused leg; (b) for an attendant; or

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(c) for a service dog that requires the floor space of an additional adjacent seat in order to remain with the person during travel and to ensure the safety and well-being of the person and the dog.

(2) Subsection (1) does not apply to a rail passenger service between Canada and the United States.

12. Reservations(1) A railway company must ensure that

(a) on the request of a person with a disability who is making a reservation, its personnel describe accommodations that are available in respect of the person's travel, as well as any conditions to which the accommodations are subject;

(b) its personnel indicate in the reservation record of a person with a disability the accommodations to be provided and include a written confirmation of them in the person's itinerary or, if the accommodations are confirmed after the issuance of the itinerary, at the first opportunity before departure;

(c) its personnel, any agents operating on its behalf or, if the terminal operator is responsible for providing accommodations, rail terminal personnel are informed of the required accommodations; and

(d) in the case of a cancellation or substitution of a train, book the next available train that provides the accommodations that are required by the person at the same fare as for the original trip.

13. Seating and Sleeping Compartments(1) A railway company must ensure that their personnel who interact with the public in reserving travel or assigning seats or sleeping compartments are aware of which seats and sleeping compartments on a train have features that may contribute to accessibility for persons with disabilities, including wheelchair-accessible washrooms, seats that have additional leg room, larger seat pitches and liftable armrests.

(2) A railway company must, before determining the most appropriate seating or sleeping compartments to be assigned to a person with a disability, discuss with the person the seating or sleeping compartments that are available in the class of service that the person has requested and any features that could meet the person's disabilityrelated needs.

(3) If due to seat or sleeping compartment design, there are no seats or sleeping compartments available under subsection (2), the railway company must inform the person with a disability of available seating or sleeping compartments that meet the person’s needs

(a) in another class of service on the same train; and

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(b) if there are no seats or sleeping compartments available under paragraph (a), on an alternative train to the same destination.

(4) if a railway company provides an alternate seat or sleeping compartment to a person with a disability in a substituted class in accordance with paragraph 3(a) or on an alternative train in accordance with paragraph 3(b), the railway company must charge the lesser of the fares for the original and alternative train.

(5) If a seat or sleeping compartment that is assigned to the person with a disability does not meet their disability-related needs, the railway company must, without unreasonable delay, take all possible measures, including during travel, to assign a seat or sleeping compartment to the person that meets their needs, regardless of the class of service, and at the original fare.

14. Carriage of Mobility Aids and Disability Aids(1) A railway company must accept for carriage the mobility aid of a person with a

disability as priority baggage.

(2) A railway company must permit a person with a disability to bring on board its train a disability aid, including a cane, orthotic positioning device, portable oxygen concentrator or communication device that the person requires during travel.

(3) A railway company must permit a person with a disability to store their walker or manually operated folding wheelchair in the rail car in which they are travelling, with priority over carry-on baggage and other items brought into the rail car.

(4) A railway company must give priority to a mobility aid that must be carried in the railway company’s baggage compartment and remove cargo and other baggage stored there if needed to make room for storage of the mobility aid.

(5) Before storing a mobility aid, a railway company must permit a person to remain in their mobility aid for as long as possible.

(6) A railway company may require a person to disclose the combined weight of the person and their mobility aid, as well as the dimensions of their mobility aid, when the railway company must use a lift or ramp to board the person and their mobility aid.

(7) A railway company may refuse to carry a person’s mobility aid if

(a) the train does not have a passenger rail car with doorways and turning radii large enough to accommodate the mobility aid and the train does not have a baggage car or a baggage car with a door large enough to accommodate the mobility aid;

(b) the weight of the mobility aid exceeds the capacity of the mobility aid lift equipment; 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 physical capacity of the mobility aid lift equipment.

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(8) If a railway company refuses to carry the mobility aid of a person with a disability, the railway company must

(a) give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal; and

(b) offer the person replacement travel to the same destination on a train that is capable of carrying the mobility aid and at the lesser of the fares payable for the original and alternative trips.

(9) A railway company that accepts a person with a disability’s mobility aid for carriage must disassemble and package the aid if this is required in order to store the aid in the train's baggage compartment, identify it as priority baggage and on its arrival at the person’s destination, unpackage, reassemble and return it to the person.

(10) The railway company may require a person with a disability to provide it with written instructions concerning the disassembly and reassembly of the person's mobility aid.

(11) The railway company may require a person with a disability to check-in and arrive at the boarding platform before the scheduled check-in or boarding time if it must disassemble or package the mobility aid before storing it in the baggage compartment.

15. Damaged, Destroyed, Delayed or Lost Mobility Aids

(1) If a railway company accepts a mobility aid of a person with a disability for carriage and the aid is damaged, destroyed or lost during carriage or is not available to the person upon arrival at the person's destination, the railway company must

(a) on the person's arrival and at the railway company's own expense, provide the person with a temporary replacement that meets the person's disability-related needs; (b) without delay and at its expense,

(i) arrange for the repair of the mobility aid and return it to the person, or

(ii) if the mobility aid cannot be repaired

(A) replace it with the same model,

(B) if the model is no longer available, provide a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs, or

(C) reimburse the person for the full cost of the replacement of the mobility aid.

(c) in the case of a mobility aid that is not available to the person upon arrival at the person's destination and is not returned to the person within 72 hours after the person's arrival time,

(i) replace it with the same model, or

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(ii) if the model is no longer available, provide

(A) a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs; or

(B) reimburse the person for the full cost of its replacement.

(d) reimburse the person for any expenses incurred by the person as a result of their mobility aid being damaged, destroyed or lost during carriage, or not being available to the person upon their arrival at their destination.

16. Carriage of Persons with Allergy-Related Disabilities

(1) A railway company must provide accommodation to a person with an allergy-relateddisability to

(a) peanuts, nuts or sesame seeds, by

(i) providing a buffer zone that consists of the bank of seats in which the person sits,

(ii)making an announcement to passengers who have seats within the buffer zone that they must refrain from eating peanuts, nuts or sesame seeds or foods containing them that they have brought on board, and

(iii) only serving food within the buffer zone that does not contain peanuts, nuts or sesame seeds as a visible or known component but that may contain traces of peanuts, nuts or sesame seeds as a result of cross contamination;

(b) foods other than peanuts, nuts or sesame seeds, by reseating the person in a different bank of seats away from the source of the allergen;

(c) scents or pets in an enclosed pet carrier, by providing a seating separation between the person and the source of the allergen that consists of at least two banks of seats in front of, behind, and across the aisle adjacent to the person's seat; and

(d) dogs, by providing a seating separation between the person and any service dog or emotional support dog, that consists of at least five banks of seats in front of, behind, and across the aisle adjacent to the person's seat.

17. Carriage of Service Dog(1) A railway company must accept a person with a disability 's service dog for carriage if the person provides documents to the railway company that are completed, signed and dated by:

(a) an accredited professional service animal institution, stating that the dog has received task-based training to provide disability-related assistance to the person; and (b) a veterinarian stating that the dog has up-to-date vaccinations.

(2) The railway company must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person using the same service dog but for no less than 3 years.

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(3) A railway company must permit a service dog to remain with a person with a disability in a manner that provides sufficient space to ensure the safety and well-being of the person and the service dog.

18. Carriage of Emotional Support Dog(1) Subject to subsection (2), a railway company must accept a person with a disability's emotional support dog for carriage if

(a) the person provides a document to the railway company that is completed, signed and dated by a licensed medical doctor or licensed psychologist, and that sets out the professional's licence date, type and number and the province or other jurisdiction in which the licence was issued stating that:

(i) the person has a mental health-related disability referred to in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, American Psychiatric Association,

(ii) the person is being treated by the licensed health professional in respect of the mental health-related disability, and

(iii) the emotional support dog that accompanies the person during travel is necessary for the purposes of disability mitigation;

(b) the person provides documents to the railway company that are

(i) completed, signed and dated by a veterinarian stating that the dog has up-to-date vaccinations, and

(ii)completed, signed and dated by the person, attesting that the dog is trained not to relieve itself in a non-indicated area and not to act aggressively or disruptively;

(c) the dog has a vest or other visual means to distinguish it from a pet; and

(d) the person confines the dog to an animal carrier, unless the person must remove the dog from its carrier for the purposes of disability mitigation, and the person controls it with a harness, leash, lead or tether.

(2) If the dog has been removed from its animal carrier in accordance with paragraph (1)(d), the person must return the dog to its animal carrier on being informed by railway company personnel that the dog is a threat to the health or safety of the person, other passengers or railway company personnel, or is causing a disruption to onboard service.

(3) The railway company must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person with a disability using the same emotional support dog for no less than three years.

(4) A railway company must have a policy with respect to accepting emotional support animals that are not dogs, which sets out the circumstances in which it may

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accept the carriage of such animals. The policy must be displayed prominently on the carrier’s web site..

Ferry Services 1. Application

(1) Subject to paragraphs (2), this Part applies to a ferry operator that provides a ferry passenger service between provinces or territories or between Canada and the United States using a ferry that

(i) weighs 1,000 gross tonnes or more;

(ii) provides passenger seating in an enclosed space; and

(iii) has ferry operator personnel who provide services to passengers

(2) Nothing in this Part relieves a ferry operator from complying with applicable health, privacy, safety, and security acts and regulations that are necessary for the protection of the health, privacy, safety and security of passengers, ferry operator personnel, and contracted personnel.

2. Clearance for TravelA ferry operator may require a person with a disability, where reasonably necessary, to undergo its clearance for travel assessment process under section 4 to

(a) provide an accommodation requested under section 9;

(b) determine whether the person requires an attendant to assist the person

(i) with personal care, including eating, administering medication, or use of the onboard washroom;

(ii) in transferring to and from a seat during travel; or

(iii) who has an intellectual or a mental health disability with orientation, communication or other issues relating to the person's disability;

(iv) in an emergency situation; or

(c) determine whether the person is able to travel safely or that there would be no unreasonable safety risks to other passengers or ferry operator personnel if the person were cleared for travel.

3. Clearance for Travel Assessment Process(1) A ferry operator must ensure that its clearance for travel assessment process

(a) under paragraph 3(a) or 3(b), includes the consideration of medical and any other relevant information provided to the ferry operator under section 5 by a person with a disability or the person's medical professional, and if appropriate, observations of the person's disability by ferry operator personnel; or

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(b) under paragraph 3(c), assesses the nature, duration and severity of the safetyrelated risk and the likelihood that harm will result, by taking into consideration

(i) relevant safety information that is available to ferry operator personnel, including ferry operator safety practices, policies and procedures and whether they, or adaptations to them, can mitigate the safety-related risk;

(ii) relevant medical information provided under section 5 by the person or their medical professional to the ferry operator; and

(iii) an assessment by ferry operator personnel who are knowledgeable and experienced in dealing with safety-related and accommodation-related issues, including the direct observation by the ferry operator personnel of the person's ability to perform safety-related functions.

(2) If a ferry operator refuses to transport a person with a disability because the person does not receive clearance for travel, the operator must give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal. The written explanation must indicate the duration of the refusal and any conditions under which the refusal would be removed.

4. Medical Documents and Other Information(1) A ferry operator may require a person with a disability to provide medical documents and other information specified by the ferry operator as part of a clearance for travel assessment process under section 4.

(2) A ferry operator must, on request by the person, retain the medical documents and information that it receives from a person under subsection (1) for at least three years, beginning on the day of their receipt.

(3) A ferry operator must include the accommodation required by a person with a disability under section 9 in the person's travel records, including permanent records, and, with the person's consent, make these records accessible to ferry operator personnel who are required to interact with passengers.

5. Advance Notice(1) A ferry operator may require an advance notice of up to 48 hours before the scheduled departure of the ferry if the ferry operator must

(a) in response to a request for accommodation under section 8,

(i) arrange for the availability of personnel or equipment, including wheelchairs for assistance before boarding and after deboarding, onboard wheelchairs for assistance during travel, and preloaded electronic devices, or for the carriage of a mobility aid;

(ii) provide seating to the person to meet their disability-related needs, or

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(b) obtain and review medical documents and information to assess a person's clearance for travel under section 3.

(2) If the medical documents and information that the ferry operator receives under paragraph 1(b) are insufficient for the ferry operator to make an assessment within 48 hours in respect of the person’s clearance for travel, the ferry operator may take additional time to make its assessment and must advise the person with a disability of the additional time.

(3) If the person does not give the advance notice, the ferry operator must make all reasonable efforts to provide the accommodation.

6. Costs for AccommodationA ferry operator must not impose any costs for providing an accommodation to a person with a disability.

7. Communication of Information(1) A ferry operator must make information regarding its accessibility services and any conditions to which the services are subject and its complaints resolution process available to the public by displaying it prominently on its web site.

(2) A ferry operator must display prominently on its web site the maximum weight and dimensions of mobility aids that its ferries are capable of carrying.

8. Accommodation Services(1) Subject to subsection (2), a ferry operator must, on request, provide the following accommodation services without unreasonable delay to a person with a disability:

(a) after determining that the person requires an attendant under section 4, provide seating to the person's attendant; and

(b) if a ferry operator accepts

(i) a person's service dog under section 19, provide sufficient space to allow the dog to travel with the person, or

(ii)a person's emotional support dog under section 20, to allow the dog to travel with the person.

(c) assist the person with check-in;

(d) permit the person who is unable to use an automated self-service kiosk or other automated check-in or ticketing process to advance to the front of the queue of the check-in counter or ticket counter;

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(e) assist the person in accessing a security screening process at the ferry terminal by,

(i) making ferry operator personnel available to them, or

(ii)collaborating with the security personnel to provide a pass to an individual who is not travelling with the person, that allows the individual to assist the person to go through the screening checkpoint;

(f) assist the person in proceeding to a boarding area after check-in;

(g) transfer the person, before boarding and after deboarding the ferry, between the person's own mobility aid and a mobility aid provided by the ferry operator;

(h) assist the person in boarding and deboarding the ferry;

(i) assist the person in storing and retrieving carry-on baggage;

(j) provide the person before the ferry 's departure and, if that is not possible because of time constraints, without delay after the ferry 's departure, with a description of the layout of the ferry, including the location of washrooms and the location and operation of passenger-operated controls at the person's seat;

(k) provide the person with an individualized pre-travel safety briefing and demonstration;

(l) assist the person in accessing onboard entertainment, including through the use of a ferry operator-supplied preloaded personal electronic device; (m) provide the person with an onboard wheelchair to

(i) assist the person or their attendant during travel, in the transfer of the person between the onboard wheelchair and the person's seat, and

(ii)assist the person in moving to and from a washroom, using the onboard wheelchair;

(n) assist the person with food that is offered during travel, by cutting large food portions, opening packages and identifying items and their location;

(o) provide the person menus in large print or in braille or describe food and beverages available for consumption;

(p) assist the person in retrieving the person's checked baggage, as applicable; (q) assist the person after deboarding the ferry, in proceeding

(ii) through immigration and customs, or

(ii) to the general public area, including to a location where the person may receive curb-side assistance if available, from the terminal operator as required by the provisions in respect of Terminal Services.

(2) A ferry operator referred to in subsection (1) that is not a Canadian carrier, is not required to comply with paragraph (l).

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9. Pre-boarding(1) Subject to subsection (3) and if time permits, a ferry operator must allow a person with a disability to board the ferry in advance of other passengers if the person

(a) requests additional time or assistance to board, be seated, or locate their cabin;

(b) requests a description of the layout of the ferry; or

(c) has an allergy-related disability and wishes to clean their seating area to remove any allergens.

(2) A ferry operator may require a person with a disability to board the ferry in advance of other passengers if ferry operator personnel require additional time to provide assistance under paragraph (1)(a) or (b) or if additional time is needed by the person to board.

(3) A ferry operator may require a person with a disability to board the ferry at the end of general boarding if the person arrives after the end of pre-boarding and boarding before the other passengers would be disruptive, including when equipment is required to board a person.

10. Enquiring into the Needs of a Person with a Disability

(1) If a person with a disability is not able to access a call button during travel, ferry operator personnel must communicate on a regular basis with the person, and provide the accommodations requested if the accommodations requested by the person are accommodations that are required by this Part.

(2) If a person with a disability who is not independently mobile is waiting at a ferry terminal for a ferry after check-in or while in transit between ferries, ferry operator personnel must not leave the person in an isolated area and must communicate on a regular basis with the person to inquire into their accommodation needs and provide the accommodations that the person requests if the accommodations requested by the person are accommodations that are required by this Part.

11. Fares(1) Subject to subsection (2), a ferry operator must not charge a fare or impose any other charge or fee, other than any applicable taxes, for an additional seat that it provides to a person with a disability who requires the additional seating

(a) to accommodate their disability, including a functional disability due to severe obesity or a fused leg; (b) for an attendant; or

(c) for a service dog that requires the floor space of an additional adjacent seat in order to remain with the person during travel and to ensure the safety and well-being of the person and the dog.

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(2) Subsection (1) does not apply to a ferry passenger service between Canada and the United States.

12. Reservations(1) A ferry operator must

(a) on the request of a person with a disability who is making a reservation, describe accommodations that are available in respect of the person's travel, as well as any conditions to which the accommodations are subject;

(b) indicate in the reservation record of a person with a disability the accommodations to be provided and include a written confirmation of them in the person's itinerary or, if the accommodation is confirmed after the issuance of the itinerary, at the first opportunity before departure;

(c) ensure that its personnel, any agents operating on its behalf or, if the ferry terminal is responsible for providing accommodations, ferry terminal personnel, are informed of the required accommodations; and

(d) in the case of a cancellation of a trip, book the next available ferry that provides the accommodations that are required by the person, at the same fare as for the original trip.

19. Seating and Cabins(1) A ferry operator must ensure that their personnel who interact with the public in reserving travel, seats or cabins are aware of which seats and cabins on a ferry have features that may contribute to accessibility for persons with disabilities, including seats that have additional leg room, larger seat pitches and liftable armrests and cabins that have wheelchair-accessible washrooms.

(2) A ferry operator must, before determining the most appropriate seating or cabin to be assigned to a person with a disability, discuss with the person the seating or cabins that are available in the class of service that the person has requested and any features that could meet the person's disability-related needs.

(3) If due to seat or cabin design, there are no seats or cabins available under subsection (2), the ferry operator must inform the person with a disability of available seating or cabins that meet the person’s needs

(a) in another class of service on the same ferry; and

(b) if there are no seats or cabins available under paragraph (a), where possible, on an alternative trip to the same destination on a ferry that has an available seat or cabin that meets the person's needs.

(4) if a ferry operator provides alternate seating or cabins to a person with a disability in a substituted class in accordance with paragraph 3(a) or on an alternative trip in accordance with paragraph 3(b), the ferry operator must charge the lesser of the fares for the original and alternative trips.

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(5) If a seat or cabin that is assigned to the person with a disability does not meet their disability-related needs, the ferry operator must, without unreasonable delay, take all possible measures, including during travel, to assign a seat or cabin to the person that meets their needs, regardless of the class of service, and at the original fare.

13. Carriage of Mobility Aids and Disability Aids(1) A ferry operator must accept for carriage the mobility aid of a person with a disability

as priority baggage.

(2) A ferry operator must permit a person with a disability to bring on board its ferry a disability aid, including a cane, orthotic positioning device, portable oxygen concentrator or communication device that the person requires during travel.

(3) A ferry operator must permit a person with a disability to store their walker or manually operated folding wheelchair on a passenger deck.

(4) A ferry operator must give priority to a mobility aid that must be carried in the ferry operator’s baggage compartment (as applicable) and remove cargo and other baggage stored there if needed to make room for the mobility aid (as applicable).

(5) Before storing a mobility aid, a ferry operator must permit the person to remain in their mobility aid for as long as possible.

(6) A ferry operator may require a person to disclose the combined weight of the person and their mobility aid, as well as the dimensions of their mobility aid, when it must use a lift or ramp to board the person and their mobility aid.

(7) A ferry operator may refuse to carry a person’s mobility aid if

(a) a mobility aid lift or ramp must be used to board the mobility aid and the weight of the mobility aid exceeds the capacity of the mobility aid lift or ramp; or

(b) the person must remain in the mobility aid in order to board the ferry and a mobility aid lift or ramp must be used to board the person in the mobility aid and the combined weight of the person and the mobility aid exceeds the physical capacity of the mobility aid lift or ramp.

(8) If a ferry operator refuses to carry the mobility aid of a person with a disability, the ferry operator must

(a) give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal; and

(b) offer the person, where possible, a replacement trip to the same destination on a ferry that is capable of carrying the mobility aid, at the lesser of the fares for the original and alternative trips.

(10) A ferry operator must permit a person with a disability to remain in their mobility aid for as long as possible before the aid is taken for storage in the ferry's baggage compartment.

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(11) A ferry operator that accepts a person with a disability’s mobility aid for carriage must disassemble and package the aid if this is required in order to store the aid in the ferry's baggage compartment (as applicable), identify it as priority baggage and, on its arrival at the person’s destination, unpackage, reassemble and return it to the person.

(12) A ferry operator may require a person with a disability to provide it with written instructions concerning the disassembly and reassembly of the person's mobility aid.

(13) A ferry operator may require a person with a disability to check-in and arrive before the scheduled check-in or boarding time if it must disassemble or package the mobility aid before storing it in the baggage compartment (as applicable).

14. Damaged, Destroyed, Delayed or Lost Mobility Aids

(1) If a ferry operator accepts a mobility aid of a person with a disability for carriage and the aid is damaged, destroyed or lost during carriage or is not available to the person upon arrival at the person's destination, the ferry operator must,

(a) on the person's arrival and at the ferry operator's own expense, provide the person with a temporary replacement that meets the person's disability-related needs;

(b) without delay and at its expense,

(i) arrange for the repair of the mobility aid and return it to the person, or (ii) if the

mobility aid cannot be repaired,

(A) replace it with the same model,

(B) if the model is no longer available, provide a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs, or

(C) reimburse the person for the full cost of the replacement of the mobility aid.

(c) in the case of a mobility aid that is not available to the person upon arrival at the person's destination and is not returned to the person within 72 hours after the person's arrival time,

(i) replace it with the same model; or

(ii) if the model is no longer available,

(A) provide a mobility aid that has equivalent features and qualities and is satisfactory to the person because it meets their disability-related needs; or (B) reimburse the person for the full cost of its replacement.

(d) reimburse the person for any expenses incurred by the person as a result of their mobility aid being damaged, destroyed or lost during carriage.

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15. Carriage of Service Dog(1) A ferry operator must accept a person with a disability 's service dog for carriage if the person provides documents to the ferry operator that are completed, signed and dated by:

(a) an accredited professional service animal institution, stating that the dog has received task-based training to provide disability-related assistance to the person; and

(b) a veterinarian stating that the dog has up-to-date vaccinations; and

(2) A ferry operator must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person using the same service dog but for no less than three years.

(3) A ferry operator must permit a service dog to remain with a person with a disability in a manner that provides sufficient space to ensure the safety and well-being of the person and the service dog.

16. Carriage of Emotional Support Dog(1) A ferry operator must accept a person with a disability's emotional support dog for carriage if

(a) the person provides a document to the ferry operator that is completed, signed and dated by a licensed medical doctor or licensed psychologist, and that sets out the health professional's licence date, type and number and the province or other jurisdiction in which the licence was issued stating that:

(i) the person has a mental health-related disability referred to in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, American Psychiatric Association,

(ii) the person is being treated by the licensed health professional in respect of the mental health-related disability, and

(iii) the emotional support dog that accompanies the person during travel is necessary for the purposes of disability mitigation;

(b) the person provides documents to the ferry operator that are

(i) completed, signed and dated by a veterinarian stating that the dog has up-to-date vaccinations, and

(ii)completed, signed and dated by the person, attesting that the dog is trained not to relieve itself in a non-indicated area and not to act aggressively or disruptively;

(c) the dog has a vest or other visual means to distinguish it from a pet; and

(d) the person confines the dog to an animal carrier, unless the person must remove the dog from its carrier for the purposes of disability mitigation, and the person controls it with a harness, leash, lead or tether;

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(2) If the dog has been removed from its animal carrier in accordance with paragraph (1)(d), the ferry operator may require the person to return the dog to its animal carrier on being informed by ferry operator personnel that the dog is a threat to the health or safety of the person, other passengers or ferry operator personnel, or is causing a disruption to onboard service.

(3) The ferry operator must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person with a disability using the same emotional support dog.

(4) A ferry operator must have a policy with respect to accepting emotional support animals that are not dogs, which sets out the circumstances in which it may accept the carriage of such animals. The policy must be displayed prominently on the carrier’s web site..

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Intercity Bus Services 1. Application

(1) Subject to subsections (2) and (3), this Part applies to an intercity bus operator that operates between the provinces of Canada, the provinces and territories of Canada or between Canada and the United States by means of a bus that is capable of carrying 10 or more passengers.

(2) An intercity bus operator is not required to provide an accommodation in accordance with this Part if

(a) the accommodation is required while a person with a disability is on board the bus during travel; and

(b) the only intercity bus operator personnel on board the bus is the driver.

(3) Nothing in this Part relieves an intercity bus operator from complying with applicable health, privacy, safety and security acts and regulations that are necessary for the protection of the health, privacy, safety and security of passengers of an intercity bus operator, and of their personnel, or contracted personnel.

2. Clearance for TravelAn intercity bus operator may require a person with a disability, where reasonably necessary, to undergo its clearance for travel assessment process under section 4 to

(a) provide an accommodation requested under section 9;

(b) determine whether the person requires an attendant to assist the person

(i) with personal care, including eating, administering medication, or use of the onboard washroom,

(ii) in transferring to and from a seat during travel,

(iii) who has an intellectual or a mental health disability with orientation, communication or other issues relating to the person's disability; or

(iv) in an emergency situation;

(c) determine whether the person is able to travel safely or that there would be no unreasonable safety risks to other passengers or intercity bus operator personnel if the person were cleared for travel.

3. Clearance for Travel Assessment Process(1) An intercity bus operator must ensure that its clearance for travel assessment process

(a) under paragraph 3(a) or 3(b), includes the consideration of medical and any other relevant information provided to the intercity bus operator under section 5 by the person or the person's medical professional, and if appropriate, observations of the person's disability by intercity bus operator personnel;

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(b) under paragraph 3(c), assesses the nature, duration and severity of the safetyrelated risk and the likelihood that harm will result, by taking into consideration

(i) relevant safety information that is available to intercity bus operator personnel, including intercity bus operator safety practices, policies and procedures and whether they, or adaptations to them, can mitigate the safety-related risk;

(ii) relevant medical information provided under section 5 by the person or their medical professional to the intercity bus operator; and

(iii) an assessment by intercity bus operator personnel who are knowledgeable and experienced in dealing with safety-related and accommodation-related issues, including the direct observation by such personnel of the person's ability to perform safety-related functions.

(2) If an intercity bus operator refuses to transport a person with a disability because the person does not receive clearance for travel, the intercity bus operator must give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal. The written explanation must indicate the duration of the refusal and any conditions under which the refusal would be removed.

4. Medical Documents and Other Information(1) An intercity bus operator may require a person with a disability to provide medical documents and other information specified by the intercity bus operator as part of a clearance for travel assessment process under section 4.

(2) An intercity bus operator must, on request by the person, retain the medical documents and information that it receives from a person under subsection (1) for at least three years, beginning on the day of their receipt.

(3) An intercity bus operator must include the accommodation measure that is required by a person with a disability under section 9 in the person's travel records, including permanent records, and, with the person's consent, make these records accessible to intercity bus operator personnel who are required to interact with passengers.

5. Advance notice(1) An intercity bus operator may require an advance notice of up to 48 hours before the scheduled departure of a bus if the intercity bus operator must

(a) in response to a request for accommodation under section 9,

(i) arrange for the availability of personnel or equipment, including wheelchairs for assistance before boarding and after deboarding, buses that are capable of permitting a person with a disability to remain in their mobility aid during travel,

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and preloaded electronic devices, or for the carriage of a mobility aid; or (ii) provide seating to the person to meet their disability-related needs;

(b) obtain and review medical documents and information to assess a person's clearance for travel under section 4; and

(c) 72 hours before the scheduled departure of a bus which is the first leg of a trip that the person is taking that involves more than one intercity bus operator, when the intercity bus operator of the first leg of the trip must arrange accommodations requested by the person under section 9 for the entire trip.

(2) If the medical documents and information that the intercity bus operator receives under paragraph 1(b) are insufficient for the intercity bus operator to make an assessment within 48 hours in respect of the person’s clearance for travel, the intercity bus operator may take additional time to make its assessment and must advise the person of the additional time.

(3) If the person does not give the advance notice, the intercity bus operator must make reasonable efforts to provide the accommodation.

6. Costs for AccommodationAn intercity bus operator must not impose any costs for providing an accommodation to a person with a disability.

7. Communication of Information(1) An intercity bus operator must make information regarding its accommodation services and any conditions to which the services are subject and its complaints resolution process available to the public by displaying it prominently on its web site.

(2) An intercity bus operator must display prominently on its web site the maximum weight and dimensions of mobility aids that each make and model of bus in its fleet is capable of carrying.

8. Accommodation Services(1) Subject to subsection (2), an intercity bus operator must, on request, provide the following accommodation services without unreasonable delay to a person with a disability:

(a) make a reservation for a bus that is capable of boarding the person's mobility aid and permits the person to remain in it during travel;

(b) provide information about stops and transfer points, including information

(i) on routes where a rest stop described in (p) is not available, and agreeing upon appropriate rest stops;

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(c) After determining that the person requires an attendant under section 4, provide seating to the person's attendant; (d) If an intercity bus operator accepts

(i) a person's service dog under section 18, allow the dog to travel with the person, or

(ii)a person's emotional support dog under section 19, allow the dog to travel with the person;

(e) assist the person with check-in;

(f) permit a person who is unable to use an automated self-service kiosk or other automated check-in or ticketing process to advance to the front of the queue of the check-in counter or ticket counter;

(g) assist the person in accessing a security screening process at a bus terminal by

(i) making intercity bus operator personnel available to them, or

(ii) collaborating with the security personnel to provide a pass to an individual who is not travelling with the person that allows the individual to assist the person to go through the screening checkpoint;

(h) assist the person in proceeding to a boarding area after check-in;

(i) transfer the person, before boarding and after deboarding the bus, between the person's own mobility aid and a mobility aid provided by the intercity bus operator;

(j) assist the person in boarding and deboarding the bus;

(k) assist the person in moving in and out of a mobility aid space during boarding and deboarding;

(l) assist the person in storing and retrieving carry-on baggage;

(m) provide the person before the bus’s departure and, if that is not possible because of time constraints, without delay after its departure, with a description of the layout of the bus, including the location of washrooms and the location and operation of passengeroperated controls at the person's seat;

(n) provide the person with an individualized pre-travel safety briefing and demonstration;

(o) assist the person in accessing onboard entertainment, including through the use of an intercity bus operator-supplied preloaded personal electronic device;

(p) permit the person to use a washroom that provides the most appropriate space regardless of the class in which the washroom is located - if the person must access it with the assistance of their attendant or service dog;

(q) stop at least every two–and–a half hours at a rest stop with a washroom that accommodates a person using a mobility aid and their attendant, when operating a bus without a wheelchair accessible washroom;

(r) advise the person in advance on routes where a rest stop described in (q) is not available, and agreeing upon appropriate rest stops;

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(s) allow for adequate time to access and use washrooms at rest stops, taking into account the time that is required for a person with a disability who uses a mobility aid to board and disembark the bus;

(t) assist the person in retrieving the person's checked baggage; (u) assist the person

after deboarding the bus, in proceeding

(i) through immigration and customs,

(ii) to the general public area, including to a location where the person may receive curb-side assistance if available, from the terminal operator as required by the provisions in respect of Terminal Services, or

(iii) to a representative of the intercity bus operator;

(v) assist the person with baggage at an unstaffed bus station or a flag stop; and

(w)permit a person with a disability using a mobility aid to board or deboard the bus at a flag stop of their choice, if the operator considers it safe to do so and if not, inform the person of the closest safe stop site;

(2) An intercity bus operator referred to in subsection (1) that is not a Canadian carrier, is not required to comply with paragraph (o).

9. Pre-boarding

(1) Subject to subsection (3) and if time permits, an intercity bus operator must allow a person with a disability to board the bus in advance of other passengers if the person

(a) requests additional time or assistance to board, be seated or store carry-on baggage;

(b) requests a description of the layout of the bus and location and operation of passenger-operated controls at the person's seat; or

(c) has an allergy-related disability and wishes to clean their seating area to remove any allergens.

(2) An intercity bus operator may require a person with a disability to board the bus in advance of other passengers if the intercity bus operator personnel require additional time to provide assistance under paragraph (1)(a) or (b), or if additional time is needed by the person to board.

(3) An intercity bus operator may require a person with a disability to board the bus at the end of general boarding if the person arrives after the end of pre-boarding and boarding before the other passengers would be disruptive, including when equipment is required to board a person.

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10. Enquiring into the Needs of a Person with a Disability

(1) If a person with a disability is not able to access a call button during travel, onboard personnel, other than the bus driver, must communicate on a regular basis with the person, and provide the accommodations requested if the accommodations requested by the person are accommodations that are required by this Part.

(2) If a person with a disability who is not independently mobile is waiting at a staffed intercity bus terminal for a bus after check-in or while waiting for a connecting bus, intercity bus operator personnel must not leave the person in an isolated area and must communicate on a regular basis with the person to inquire into their accommodation needs and provide the accommodation that the person requests when time permits, if the accommodations requested by the person are accommodations that are required by this Part.

11. Fares(1) Subject to subsection (2), an intercity bus operator must not charge a fare or impose any other charge or fee, other than any applicable taxes, for an additional seat that it provides to a person with a disability who requires the additional seating

(a) to accommodate their disability, including a functional disability due to severe obesity or a fused leg; (b) for an attendant; or

(c) for a service dog that requires the floor space of an additional adjacent seat in order to remain with the person during travel and to ensure the safety and well-being of the person and the dog.

(2) Subsection (1) does not apply to an intercity bus passenger service between Canada and the United States.

12. Reservations(1) An intercity bus operator must ensure that

(a) on the request of a person with a disability who is making a reservation, its personnel describe accommodations that are available in respect of the person's travel, as well as any conditions to which the accommodations are subject;

(b) its personnel indicate in the reservation record of a person with a disability the accommodations to be provided and include a written confirmation of them in the person's itinerary or, if the accommodations are confirmed after the issuance of the itinerary, at the first opportunity before departure;

(c) its personnel, any agents operating on its behalf or, if the intercity bus terminal operator is responsible for providing accommodations, intercity bus terminal operator personnel are informed of the required accommodations; and

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(d) in the case of a cancellation or substitution of an intercity bus, book the next available intercity bus that provides the accommodations that are required by the person, at the same fare as for the original trip.

13. Seating(1) An intercity bus operator must ensure that their personnel who interact with the public in reserving travel or assigning seats are aware of which seats on a bus have features that may contribute to accessibility for persons with disabilities, including seats that have additional leg room, larger seat pitches and liftable armrests.

(2) An intercity bus operator must, before determining the most appropriate seating to be assigned to a person with a disability, discuss with the person the seating that is available in the class of service that the person has requested and any features that could meet the person's disability-related needs.

(3) If due to seat design, there are no seats available under subsection (2), the intercity bus operator must inform the person with a disability of available seating that meets the person’s needs:

(a) in another class of service on the same bus; and

(b) if there are no seats available under paragraph (a), where possible, on an alternative trip to the same destination on an intercity bus that has an available seat that meets the person's needs.

(4) if an intercity bus operator provides alternate seating to a person with a disability in a substituted class in accordance with paragraph 3(a) or on an alternative intercity bus in accordance with paragraph 3(b), the intercity bus operator must charge the lesser of the fares for the original and alternative trips.

(5) If a seat that is assigned to the person with a disability does not meet their disabilityrelated needs, the intercity bus operator must, without unreasonable delay, take all possible measures, including during travel, to assign a seat to the person that meets their needs, regardless of the class of service, including a seat designated as priority seating, and at the original fare.

14. Carriage of Mobility Aids and Disability Aids(1) An intercity bus operator must accept for carriage the mobility aid of a person with a

disability as priority baggage.

(2) An intercity bus operator must permit a person with a disability to bring on board its bus a disability aid, including a cane, orthotic positioning device, portable oxygen concentrator or communication device that the person requires during travel.

(3) An intercity bus operator must, if space permits in the bus, store one walker or manually operated folding wheelchair of a person with a disability, with priority over carry-on baggage and other items that are not required during travel.

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(4) An intercity bus operator must give priority to a mobility aid that must be carried in the baggage compartment and remove cargo and other baggage stored there if needed to make room for storage of the mobility aid.

(5) Before storing a mobility aid, an intercity bus operator must permit the person to remain in their mobility aid for as long as possible.

(6) An intercity bus operator may require a person to disclose the combined weight of the person and their mobility aid, as well as the dimensions of their mobility aid, when the intercity bus operator must use a lift or ramp to board the person and their mobility aid.

(7) An intercity bus operator may refuse to carry a person’s mobility aid if

(a) the door to the baggage compartment or the size of the baggage compartment is not large enough to accommodate the mobility aid;

(b) the weight of the mobility aid exceeds the capacity of the baggage compartment or mobility aid lift equipment or, where no mobility aid lift equipment is available, the mobility aid is too heavy to be manually loaded into the baggage compartment; 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 physical capacity of mobility aid lift equipment.

(8) If an intercity bus operator refuses to carry the mobility aid of a person with a disability, the intercity bus operator must

(a) give a clear and specific explanation at the time of the refusal and a detailed written explanation no later than 10 calendar days after the day of the refusal; and

(b) offer the person, where possible, a replacement trip to the same destination on an intercity bus that is capable of carrying the mobility aid, at the lesser of the fares for the original and alternative trips.

(9) An intercity bus operator must permit a person with a disability to remain in their mobility aid for as long as possible before the aid is taken for storage in the bus's baggage compartment.

(10) An intercity bus operator that accepts a person with a disability’s mobility aid for carriage must disassemble and package the aid if this is required in order to store it in the bus's baggage compartment and, on its arrival at the person’s destination, unpackage, reassemble and return it to the person.

(11) An intercity bus operator may require a person with a disability to provide it with written instructions concerning the disassembly and reassembly of the person's mobility aid.

(12) An intercity bus operator may require a person with a disability to check-in and arrive before the scheduled check-in or boarding time if it must disassemble or package the mobility aid before storing it in the baggage compartment.

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15. Damaged, Destroyed, Delayed or Lost Mobility Aids

(1) If an intercity bus operator accepts a mobility aid of a person with a disability for carriage and the aid is damaged, destroyed or lost during carriage or is not available to the person upon arrival at the person's destination, the intercity bus operator must,

(a) on the person's arrival and at the intercity bus operator’s own expense, provide the person with a temporary replacement that meets the person's disability-related needs; (b) without delay and at its own expense,

(i) arrange for the repair of the mobility aid and return it to the person, or

(ii) if the mobility aid cannot be repaired,

(A) replace it with the same model,

(B) if the model is no longer available, provide a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs, or

(C) reimburse the person for the full cost of the replacement of the mobility aid.

(c) in the case of a mobility aid that is not available to the person upon arrival at the person's destination and is not returned to the person within 72 hours after the person's arrival time,

(i) replace it with the same model; or

(ii) if the model is no longer available,

(A) provide a mobility aid that has comparable features and qualities and is satisfactory to the person because it meets their disability-related needs; or (B) reimburse the person for the full cost of its replacement.

(d) reimburse the person for any expenses incurred by the person as a result of their mobility aid being damaged, destroyed or lost during carriage;

16. Carriage of Person with Allergy-Related Disabilities

(1) An intercity bus operator must provide accommodation to a person with an allergyrelated disability to

(a) peanuts, nuts or sesame seeds, by

(i) providing a buffer zone that consists of the bank of seats in which the person sits, and

(ii)making an announcement to passengers who have seats within the buffer zone that they must refrain from eating peanuts, nuts or sesame seeds or foods containing them that they have brought on board;

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(b) foods other than peanuts, nuts or sesame seeds, by reseating the person in a different bank of seats away from the source of the allergen;

(c) scents or pets in an enclosed pet carrier, by providing a seating separation between the person and the source of the allergen that consists of at least two banks of seats in front of, behind, and across the aisle adjacent to the person's seat; and

(d) dogs, by providing a seating separation between the person and any service dog or emotional support dog, that consists of at least five banks of seats in front of, behind, and across the aisle adjacent to the person's seat.

17. Carriage of Service Dog(1) An intercity bus operator must accept a person with a disability 's service dog for carriage if the person provides documents to the intercity bus operator that are completed, signed and dated by:

(a) an accredited professional service animal institution, stating that the dog has received task-based training to provide disability-related assistance to the person; and (b) a veterinarian stating that the dog has up-to-date vaccinations.

(2) An intercity bus operator must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person using the same service dog but for no less than 3 years.

(3) An intercity bus operator must permit a service dog to remain with a person with a disability in a manner that provides sufficient space to ensure the safety and well-being of the person and the service dog.

18. Carriage of Emotional Support Dog(1) An intercity bus operator must accept a person with a disability's emotional support dog for carriage if

(a) the person provides a document to the intercity bus operator that is completed, signed and dated by a licensed medical doctor or licensed psychologist, and that sets out the health professional's licence date, type and number and the province or other jurisdiction in which the licence was issued stating that:

(i) the person has a mental health-related disability referred to in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, American Psychiatric Association,

(ii) the person is being treated by the licensed health professional in respect of the mental health-related disability, and

(iii) the emotional support dog that accompanies the person during travel is necessary for the purposes of disability mitigation;

(b) the person provides documents to the intercity bus operator that are

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(i) completed, signed and dated by a veterinarian stating that the dog has up-to-date vaccinations, and

(ii) completed, signed and dated by the person, attesting that the dog is trained not to relieve itself in a non-indicated area and not to act aggressively or disruptively;

(c) the dog has a vest or other visual means to distinguish it from a pet; and

(d) the person confines the dog to an animal carrier, unless the person must remove the dog from its carrier for the purposes of disability mitigation, and the person controls it with a harness, leash, lead or tether;

(2) If the dog has been removed from its animal carrier in accordance with paragraph (1)(d), the person must return the dog to its animal carrier on being informed by intercity bus operator personnel that the dog is a threat to the health or safety of the person, other passengers or intercity bus operator personnel, or is causing a disruption to onboard service.

(3) The intercity bus operator must, with the person's consent, retain the documents referred to in subsection (1) to the extent necessary to permit future travel by the person with a disability using the same emotional support dog but for no less than 3 years.

(4) An intercity bus operator must have a policy with respect to accepting emotional support animals that are not dogs, which sets out the circumstances in which it may accept the carriage of such animals. The policy must be displayed prominently on the carrier’s web site..

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Terminals Services Application

(1) Subject to subsections (2) and (3), this Part applies to

(a) an air terminal operator at which more than 100,000 passengers were boarded and deboarded in each of the two preceding calendar years;

(b) an air terminal operator at which less than 100,000 passengers were boarded and deboarded in each of the two preceding calendar years;

(c) a rail terminal operator that serves a railway company that operates a rail passenger service through three or more provinces or provinces and territories within Canada or between Canada and the United States;

(d) a rail terminal operator that serves a railway company that operates a rail passenger service, including a tourist rail service, through two provinces or territories within Canada;

(e) a ferry terminal operator that serves a ferry operator that operates a ferry passenger service between provinces of Canada, provinces and territories of Canada or the United States and Canada using a ferry that weighs 1,000 gross tonnes or more, provides passenger seating in an enclosed space, and has ferry operator personnel who provide services to passengers;

(f) a ferry terminal operator that serves a ferry operator that operates a ferry passenger service between provinces of Canada, provinces and territories of Canada or the United States and Canada using a ferry that weighs less than 1,000 gross tonnes, provides passenger seating in an enclosed space, and has ferry operator personnel who provide services to passengers;

(g) an inter-city bus terminal operator that serves an inter-city bus operator that operates an inter-city bus passenger service between the provinces and territories of Canada or between the United States and Canada by means of a bus that is capable of carrying ten or more passengers; and (h) a port terminal operator.

(2) A terminal operator referred to paragraph (1) (b), (d), (f) or (g) is not required to provide an accommodation in accordance with this Part if it has less than 10 employees or contracted personnel who provide services to the public.

(3) Nothing in this Part relieves a terminal operator from complying with applicable health, privacy, safety, and security acts and regulations that are necessary for the protection of the health, privacy, safety and security of passengers, terminal operator personnel and contracted personnel.

1. Costs for Accommodation(1) A terminal operator must not impose any costs for providing an accommodation to a person with a disability.

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(2) An air terminal operator must not collect an airport improvement fee in respect of a ticket for the attendant of a person with a disability.

2. Communication of InformationA terminal operator must make information regarding the accessibility features of its facilities, its accommodation services and any conditions to which the services are subject, and its complaint resolution process available to the public by displaying it prominently on its website, including information on:

(a) curbside assistance, including its locations and the means for requesting the assistance and whether the assistance is provided by the terminal operator or by an air carrier, railway company, ferry operator, intercity bus operator, or cruise ship operator;

(b) accessible ground transportation from the terminal, including whether a vehicle that is capable of carrying a non-folding or non-collapsible mobility aid can be provided and, if not, whether an alternative provider of ground transportation can supply the vehicle;

(c) the location of relieving areas for service dogs and emotional support dogs; (d) accessible inter-terminal transportation; and (e) wheelchair assistance.

3. Accommodation ServicesA terminal operator must, on request, provide the following accommodation services without delay to a person with a disability:

(a) subject to subsection (b) and (c), curbside assistance consisting of wheelchair assistance, guiding assistance, and assistance with baggage between

(i) the curb and the check-in area or, if there is no check-in area, to a representative of the air carrier, railway company, ferry operator, intercity bus operator, or cruise ship operator; and

(ii) the general public area and the curb.

(b) A terminal operator is not required to provide the assistance set out in subsection (a) if an air carrier, railway company, ferry operator, intercity bus operator, or cruise ship operator provides the assistance.

(c) A terminal operator is not required to provide the wheelchair assistance set out in subsection (a) if the terminal operator is not required to have wheelchairs in its terminal buildings in accordance with the provisions in respect of Terminal Technical requirements.

4. Ground Transportation(1) Where a terminal operator enters into a contract with a ground transportation service provider for the provision of ground transportation from the terminal, the contract shall require:

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(a) the provision of transportation to a person with a disability travelling with a mobility aid, disability aid, service dog, or emotional support dog carried in a pet carrier; and (b) the availability of rental vehicles that have hand-control systems.

(2) Where the contracted ground transportation service provider in subsection (a) does not have vehicles capable of carrying non-folding or non-collapsible mobility aids, the contract shall:(a) require the contracted ground transportation service provider to have an agreement with an alternative provider which will supply the vehicles to the contracted ground transportation service provider as needed; or

(b) where there is no alternative provider that can supply the vehicles, the terminal operator shall reflect the lack of ground transportation services capable of transporting non-folding or non-collapsible mobility aids in its public information on accessible ground transportation required by this Part.(3) A terminal operator shall ensure that the contracted ground transportation service provider complies with the requirements in subsections (1) and (2) (a).

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Aircraft Technical Requirements 1. Application

(1) This Part applies to a Canadian air carrier in respect of the operation of an air service by means of a fixed-wing aircraft with 30 or more passenger seats.

(2) Unless otherwise specified, a Canadian air carrier must comply with these regulations no later than one year after the day on which these Regulations come into force.

2. Passenger Safety Briefing CardsA Canadian air carrier must have onboard its aircraft at least five passenger safety briefing cards that are in large print and at least five that are in braille.

3. Boarding LiftsNo later than three years after the day on which these Regulations come into force, a Canadian air carrier must ensure that a boarding lift that it owns or controls is

(a) capable of withstanding the combined weight of the person with a disability and their mobility aid to a maximum of 363 kg; and

(b) equipped with a platform that has handrails on two sides of it and a slip- resistant surface.

4. Boarding StairsNo later than three years after the day on which these Regulations come into force, a Canadian air carrier must ensure that boarding stairs that it owns or controls

(a) comply with the requirements of the Canadian Standards Association’s CAN/CSAB651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of treads (5.4.1), risers (5.4.1) and nosing (5.4.2); (b) are equipped with handrails that

(i) are located on both sides of the stairs,

(ii)are at a uniform height between 860 mm to 920 mm, measured vertically from the leading edge of the tread, and

(iii) comply with the requirements of the Canadian Standards Association’s CAN/CSA-B651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1); and

(c) are equipped with tactile attention indicator surfaces that

(i) are located at the top of stairs, and

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(ii) comply with the requirements of the Canadian Standards Association’s CAN/CSA-B651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of base surface level [5.3.5.2(b)], slip resistance [4.3.5.2(c)], colour contrast [4.3.5.3.3(b)] and configuration (4.3.5.3.1).

5. Onboard Wheelchairs(1) No later than two years after the day on which these Regulations come into force, a Canadian air carrier must provide an onboard wheelchair

(a) on its aircraft that have a washroom that meets the requirements of section 14; or

(b) in response to a request for the use of the wheelchair by a person with a disability.

(2) A Canadian air carrier must ensure that an onboard wheelchair to be used on their aircraft is equipped with (a) foot rests;

(b) movable armrests;

(c) an occupant restraint device;

(d) wheel locks;

(e) a backrest height that permits safe and easy transfer of the person with a disability to and from a seat; and

(f) a width that permits, with assistance, its safe and easy maneuvering in the aircraft.

6. Onboard Entertainment Systems Not Accessible to a Person with a Disability

A Canadian air carrier must, in respect of an onboard entertainment system that is not accessible to a person with a disability because it does not support closed-captioning and audio description, enable a person with a disability to have access to the same entertainment content that is provided to other passengers or, if this is not possible, to comparable content, by providing to the person:

(a) on the person's request, a preloaded personal electronic device with the entertainment content; or

(b) access to the entertainment content through wireless streaming

(i) from the air carrier's server to the person's personal electronic device; or

(ii) from the internet to the person's personal electronic device.

7. Purchase or Lease of AircraftSubject to section 9, no later than one year after the day on which these Regulations come into force, a Canadian air carrier must ensure that aircraft that it purchases or leases complies with the requirements of this Part, unless compliance with a

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requirement is not possible because an applicable accessibility feature is not available for the make and model of the aircraft.

8. Alteration of Aircraft

No later than one year after the day on which these Regulations come into force, a Canadian air carrier must ensure that any alteration to its aircraft complies with the requirements of this Part, unless the alteration of the aircraft

(a) would have a material impact on its structural integrity or its safe operation;

(b) is not possible due to unalterable dimensions of the aircraft; or (c) would

fundamentally alter its essential nature or purpose.

9. Solicitations for Purchase or Lease of Aircraft before Coming into Force of the Regulations

If a Canadian air carrier has made a solicitation for the purchase or lease of an aircraft before these Regulations come into force, and as a result of the solicitation, enters into a contract of purchase or lease after they come into force, the aircraft is not subject to the requirements of this Part, other than in respect of an alteration, in which case section 8 must apply.

10. Passenger Seat AccessibilityA Canadian air carrier must ensure that aircraft that it operates are equipped with

(a) tactile row markers, using raised characters and braille, for installation, either permanently or temporarily, on seats or overhead bins and located within reach of passengers, either adjacent to mechanisms for opening overhead bins or on the sides of seats above the armrests;

(b) moveable aisle armrests on at least 50% of their passenger seats that are evenly distributed throughout the aircraft; and (c) call buttons that are

(i) in a location that is safe and easy to reach by a person with a disability when seated,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by the person with a disability using minimal force.

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11. FloorsA Canadian air carrier must ensure that aircraft that it operates are equipped with floors that comply with the Canadian Standards Association's CAN/CSA B651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of floor surfaces (4.3.1), changes in level (4.3.2) and carpets (4.3.3).

12. SignageA Canadian air carrier must ensure that aircraft that it operates contain signage that

(a) is located so that it gives a person with a disability an indication of the service or equipment that is offered and of the direction to take to access it;

(b) is positioned to avoid shadow areas and glare;

(c) has a glare-free surface;

(d) is colour-contrasted with its background; and

(e) complies with requirements of Canadian Standards Association's CAN/CSA B651-12 (R2017) − Accessible design for the built environment, as amended from time to time, in respect of characters (4.5.3), pictograms and symbols (4.5.4), illumination (4.5.5), tactile signs (4.5.6) and symbol of accessibility (4.5.7).

13. Accessible Equipment in WashroomsA Canadian air carrier must ensure that aircraft that it operates has the following accessible equipment in their washrooms:

(a) doors with door handles, pulls, latches, locks and other devices that are operable with minimal force by a person with a disability using one hand in a closed fist position or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person; (b) a toilet with

(i) an automated flush control or one that is operable with minimum force by a person with a disability using one hand in a closed fist or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person,

(ii) a seat height that is between 432 mm and 482 mm, and

(iii) a back support if the toilet has no seat lid; (c) faucets with

(i) temperature controls that are tactilely discernable by a person with a disability unless the water temperature is fixed to eliminate the risk of scalding,

(ii) in the case of non-automated faucets, temperature controls that are operable with minimal force by the person using a closed fist or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person, and

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(iii) in the case of an automated faucets, a water activation capability that permits water to be dispensed when the person's hand is below the faucet; (d) grab bars that are

(i) rounded, slip-resistant, free of any sharp or abrasive elements, and have an exterior diameter and a clearance from the wall surface to which they are attached that permit easy grasping by a person with a disability, (ii) capable of supporting a minimum of 113.4 kgs, and

(iii) located on the wall behind the toilet and on a wall beside the toilet;

(e) toilet paper dispensers that are located so that they are easy to reach by a person with a disability who is seated on the toilet and do not interfere with the person's use of grab bars;

(f) soap dispensers that are operable with one hand by a person with a disability using minimal force and a closed fist position or another method of operation that does not require fine finger control, tight grasping, pinching or twisting of the wrist; and (g) call buttons that are

(i) in a location that is safe and easy to reach by a person with a disability who is seated on the toilet,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by the person with a disability with minimal force.

14. Washrooms Accessible to a Person with a Disability Using an Onboard Wheelchair

(1) A Canadian air carrier must ensure that an aircraft that it operates has a washroom that is accessible to a person with a disability using an onboard wheelchair if the aircraft has

(a) sufficient space to enable the person − with or without the assistance of their attendant − to transfer to and from the onboard wheelchair and the toilet;

(b) a door or other opening to the washroom that is wide enough to accommodate a person using an onboard wheelchair; and

(c) sufficient space for manoeuvring an onboard wheelchair outside the door or other opening to the washroom.

(2) A Canadian air carrier must ensure that, to be accessible to a person with a disability in an onboard wheelchair, the washroom described in subsection (1) has, in addition to the equipment that is set out in section 13,

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(a) sufficient privacy, including the use of retractable curtains or retractable walls, to permit an attendant or service dog to remain with the person while they use the washroom; and

(b) faucets that are located so that they can be safely and easily used by the person.

15. Onboard Entertainment Systems Accessible to a Person with a Disability

A Canadian air carrier must ensure that its onboard entertainment system

(a) supports closed-captioning and audio description and enables a person with a disability

(i) to have access to the same entertainment content that the air carrier provides to other passengers or, if this is not possible, to comparable content; and

(ii) to start, stop and pause the entertainment content, turn on and off closed- captions and audio description, change the language of choice, control volume, and select channels through

(A) an interface that conforms with the Web Content Accessibility Guidelines 2.0 or,

(B) if the interface has not been manufactured to be used with onboard entertainment systems, through a tactile template overlay affixed to the interface.

16. Maintenance(1) A Canadian air carrier must ensure that the accessibility features and equipment that are in the aircraft that it operates are in good working order and adequately maintained.

(2) If an accessibility feature or equipment is not in good working order, the air carrier must promptly repair it, and while the repairs are being done, provide a safe and dignified alternative that provides a substantially equivalent level of accessibility.

Rail Technical Requirements 1. Application

(1) This Part applies to a Canadian railway company that provides a rail passenger service through three or more provinces or provinces and territories within Canada or between Canada and the United States.

(2) Unless otherwise specified, a Canadian railway company must comply with these regulations no later than one year after the day on which these Regulations come into force.

2. Passenger Safety Briefing CardsA Canadian railway company must have onboard its trains at least five passenger safety briefing cards that are in large print and at least five that are in braille.

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3. Step Box(1) A Canadian railway company must provide a step box to be used by a person with a

disability for boarding a rail car or disembarking from it, if the riser height of the first or last step of the stairs to the rail car is different than the riser height of the other steps.

(2) A Canadian railway company must ensure that the step box

(a) is sturdy;

(b) has a tread surface that is firm and slip resistant;

(c) does not create glare; and

(d) has a top outer edge marked by a contrasting colour strip that runs the full width of the box.

4. Boarding Aids(1) No later than three years after the day on which these Regulations come into force, a Canadian railway company must ensure that, where there is no level boarding for a passenger to board or disembark from a train, and a station-based lift or ramp that complies with Terminal Accessibility Technical Requirements is not available, its trains have:

(a) a lift that is capable of withstanding the combined weight of a person with a disability and a mobility aid to a maximum of 363 kg; has a platform that has handrails on two sides of it, and has a slip-resistant surface; or

(b) a ramp that is capable of withstanding the combined weight of a person with a disability and mobility aid to a maximum of 363 kg, a contrasting colour strip that runs the full width of its bottom edge, raised edges to prevent a mobility aid from rolling off the edge of the ramp, and a slip resistant surface.

5. Onboard Wheelchairs(1) No later than two years after the day on which these Regulations come into force, a

Canadian railway company must ensure that each train has onboard wheelchairs that equal at least half the sum of the number of mobility aid spaces and wheelchairaccessible sleeping compartments.

(2) Onboard wheelchairs in (1) shall have:

(a) foot rests;

(b) movable armrests;

(c) an occupant restraint device;

(d) wheel locks;

(e) a backrest height that permits safe and easy transfer of a person with a disability to and from a seat; and

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(f) a width that permits, with assistance, its safe and easy maneuvering on the train.

6. Onboard Entertainment Systems Not Accessible to a Person with a Disability

A Canadian railway company must, in respect of an onboard entertainment system that is not accessible to a person with a disability because it does not support closedcaptioning and audio description, enable a person with a disability to have access to the same entertainment content that is provided to other passengers or, if this is not possible, to comparable content, by providing to the person

(a) on the person's request, a preloaded personal electronic device with the entertainment content; or

(b) access to the entertainment content through wireless streaming

(i) from the railway company's server to the person's personal electronic device; or

(ii) from the Internet to the person's personal electronic device.

7. Purchase or Lease of Trains and Rail CarsSubject to section 9, no later than one year after the day on which these Regulations come into force, a Canadian railway company must ensure that a train or rail car that it purchases or leases complies with the requirements of this Part.

8. Alteration of Trains and Rail CarsNo later than one year after the day on which these Regulations come into force, a Canadian railway company must ensure that any alteration to its trains complies with the requirements of this Part, unless the alteration of the train

(a) would have a material impact on its structural integrity or its safe operation;

(b) is not possible due to unalterable dimensions of the train; or (c) would

fundamentally alter its essential nature or purpose.

9. Solicitations for Purchase or Lease of Trains and Rail Cars before Coming into Force of the Regulations

If a Canadian railway company has made a solicitation for the purchase or lease of a train or rail car before the coming into force of these Regulations, and as a result of the solicitation, enters into a contract of purchase or lease after their coming into force, the train or rail car is not subject to the requirements of this Part, other than in respect of an alteration, in which case section 7 shall apply.

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10. Passenger Seat AccessibilityA Canadian railway company must ensure that its trains are equipped with

(a) tactile row markers, using raised characters and braille, for installation, either permanently or temporarily, on seats or overhead bins and located adjacent to mechanisms for opening overhead bins or on the sides of seats above the armrests;

(b) moveable aisle armrests on all transfer seats, and on at least 10% of all other seats that shall be evenly distributed throughout the rail car; and

(c) handholds on the back of aisle seats;

(d) if there are call buttons, the call buttons have the following features

(i) located so that they are safe and easy to reach by a person with a disability when seated,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by the person with a disability using minimal force.

11. FloorsA Canadian railway company must ensure that its trains have floors that comply with the requirements of the Canadian Standards Association's CAN/CSA B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of floor surfaces (4.3.2), changes in level (4.3.2) and carpets (4.3.3).

12. SignageA Canadian railway company must ensure that its trains contain signage that

(a) is in a location that gives a person with a disability an indication of the service or equipment that is offered and of the direction to take to access it;

(b) is positioned to avoid shadow areas and glare;

(c) has a glare-free surface;

(d) is colour-contrasted with its background;

(e) complies with the requirements of the Canadian Standards Association's CAN/CSA B651-12 − Accessible design for the built environment, as amended from time to time, in respect of characters (4.5.3), pictograms and symbols (4.5.4), illumination (4.5.5), tactile signs (4.5.6) and symbol of accessibility (4.5.7); and

(f) if electronic, has a screen that presents the signage in a way that the letters, numbers, symbols and pictographs are colour-contrasted, but not in red on a black background and move slowly across the screen.

13. Operating ControlsA Canadian railway company must ensure that operating controls on its trains

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(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of scope (4.2.1), height (4.2.3), operation (4.2.4), control devices (4.2.5), visual displays (4.2.6) and colour contrast (4.2.8); and

(b) if intended for use by a person using a wheelchair, also comply with the requirements of the Canadian Standards Association's B651 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of the location of the controls in relation to the floor area (4.2.2) being accessed by the person..

14. Tactile Attention Indicator SurfacesA Canadian railway company must ensure that a tactile attention indicator surface

(a) is provided 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 the ratio of slope to surface is steeper than 1:3; and

(b) complies with the requirements of the Canadian Standards Association's B651 (R2017) –- Accessible Design for the Built Environment, as amended from time to time, in respect of base surface level (4.3.5.2(b)), slip resistance (4.3.5.2(c)), colour contrast (4.3.5.3.3(b))and configuration (4.3.5.3.1).

15. Accessible Passenger Routes and Aisle Widths

(1) A Canadian railway company must ensure that passenger routes between exterior doors and mobility aid spaces, transfer seats, wheelchair-accessible washrooms, and between mobility aid spaces, transfer seats, wheelchair-accessible washrooms and areas designed to be wheelchair-accessible in adjacent railcars such as food service cars and sleeper cars, comply with Canadian Standards Association's B651 – Accessible Design for the Built Environment in respect of

(a) clear width of an accessible route (5.1.1);

(b) width maintenance (4.4.2);

(c) slope (5.1.2); and

(d) protruding objects (4.4.1).

(2) A Canadian railway company must ensure that, if access to a passenger route from an exterior door requires passage through a vestibule or path, or a 90-degree or similar turn, the vestibule or path from the exterior door provides a minimum clear width of 1115 mm and a minimum clear turning radius of 1500 mm.

(3) A Canadian railway company must ensure that the aisle width between passenger seats is sufficient to accommodate an onboard wheelchair.

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16. Diaphragms(1) "Diaphragm" means a passageway that provides a connection between rail cars.

(2) A Canadian railway company must ensure that a diaphragm

(a) complies with requirements the Canadian Standards Association's B651 –Accessible Design for the Built Environment, as amended from time to time, in respect of clear width of an accessible passenger route (5.1.1); and (b) has vertical handholds on both sides of the diaphragm.

17. Interior Doors and DoorwaysA Canadian railway company must ensure that in a rail car

(a) the interior doors and doorways comply with the requirements of the Canadian Standards Association's B651 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of

(i) opening width (5.2.1),

(ii) door thresholds (5.2.6),

(iii) door opening force (5.2.8), and

(iv) door hardware (5.2.7);

(b) in the case of automatic and semi-automatic doors, the doors incorporate devices that prevent the doors from closing while a person is in the doorway;

(c) in the case of automatic doors that connect rail cars, the door of each rail car opens and closes automatically on detecting the movement of a passenger toward or from the door;

(d) interior doors are marked with visual indicators in instances where 75% of a door's surface is made of a transparent material;

(e) doors to cabins, washrooms and other enclosed spaces in a rail car that has no other exit doors are not equipped with deadbolts or other means of security that are capable of being manipulated only from the inside;

(f) in addition to the requirements set out in paragraphs (a) to (e), interior doors that are intended for use by a person using a mobility aid comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of the location of the operating controls in relation to the floor area (4.2.2) being accessed by the person; and (g) manoeuvering areas at doors (5.2.2).

18. Exterior DoorsA Canadian railway company must ensure that exterior doors on a train

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(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of opening width (5.2.1);

(b) have handrails on both sides, fitted internally as close as is practicable to the outer wall of the rail car, except in the case of a doorway that is fitted with a device for boarding or disembarking from a train, such as an onboard lift, and a trap door to which stairs are attached, in which case a handrail is required on only one side; and

(c) that is intended for use by a person with a disability using a mobility aid, provide

(i) a level maneuvering area on the push and pull sides of a door that is designed to be operated by a passenger, and

(ii)a clear floor area beside the latch edge extending the full height of the door and that complies with the requirements of the Canadian Standards Association's B65112 − Accessible Design for the Built Environment, as amended from time to time, in respect of the manoeuvering area at doors (5.2.2).

19. HandrailsA Canadian railway company must ensure that handrails on a train comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1) and recessed handrails (5.3.2).

20. StairsA Canadian railway company must ensure that boarding stairs on a train

(a) comply with the requirements of the Canadian Standards Association’s CAN/CSAB651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of treads (5.4.1), risers (5.4.1) and nosing (5.4.2); (b) are equipped with handrails that

(i) are located on both sides of the stairs,

(ii)are at a uniform height between 860 mm to 920 mm, measured vertically from the leading edge of the tread, and

(iii) comply with the requirements of the Canadian Standards Association’s CAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1); and (c) are equipped with tactile attention indicator surfaces that

(i) commence one tread length before the stairs;

(ii) are located at the top of the stairs and extend the full width of the stairs;

(iii) are 600 to 650 mm in length; and

(iv) comply with the requirements of the Canadian Standards Association’s

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CAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of base surface level, slip resistance, colour contrast and configuration (5.4.3); and

(d) have lighting that accentuates steps and handrails.

21. Emergency Window ExitsA Canadian railway company must ensure that emergency window exits are identified by a contrasting colour strip around the perimeter, and are identified by tactile and braille signage.

22. Standard Washrooms(1) In this section, "standard washroom" means a washroom that is not designed for use by a person using a wheelchair.

(2) A Canadian railway company must ensure that a washroom complies with the requirements for a universal washroom in accordance with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time (6.3), except for the following:

(a) clear floor area (6.3.1(a));

(b) the knee clearance centred on the lavatory (6.2.3.1(c));

(c) the clear floor area centred on the lavatory (6.2.3.1(d);

(d) the clear transfer space beside the toilet (6.2.6.2 (b));

(e) the manoeuvring area at doors (5.2.2); and

(f) the floor space that provides access to the operating controls (4.2.2).

(2) A Canadian railway company must ensure that a standard washroom contains at least two call buttons or two other devices for signalling an emergency that are:

(a) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor;

(b) colour-contrasted from the surrounding area and is identified with tactile and braille signage; and

(c) operable by a person using minimal force.

23. Wheelchair-Accessible Washrooms(1) A Canadian railway company must ensure that a rail car, other than a food service rail car, that has a mobility aid space, has at least one wheelchair-accessible washroom that complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of universal washrooms (6.3).

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(2) A Canadian railway company must ensure that a wheelchair-accessible washroom contains at least two call buttons or at least two other devices for signalling an emergency that are:

(a) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor;

(b) colour-contrasted from the surrounding area and identified by tactile and braille signage; and

(c) operable by a person using minimal force.

24. Standard Sleeping Compartments(1) In this section "standard sleeping compartment" means a sleeping compartment that

is not designed for use by a person using a wheelchair.

(2) A Canadian railway company must ensure that a standard sleeping compartment

(a) has operating controls that comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of operating controls (4.2), except in respect of the floor area (4.2.2) providing access to the operating controls;

(b) has a door that complies with the requirements of the Canadian Standards Association's B651-12 - Accessible Design for the Built Environment, as amended from time to time (5.2), except in respect of

(i) opening width (5.2.1),

(ii) clear maneuvering areas at doors (5.2.2),

(iii) location of controls for power-assisted doors (5.2.9.2), and

(iv) floor area providing access to operating controls (4.2.2);

(c) with objects that protrude more than 100 mm from the wall, the objects

(i) are cane-detectable at or below 680 mm from the floor, or

(ii) have their undersides at a height of at least 2030 mm from the floor;

(d) contain at least two call buttons or two other devices for signalling an emergency that are

(i) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor;

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by a person using minimal force.

(3) A Canadian railway company must ensure that an emergency alarm that is in a sleeping compartment is equipped with a visual and audible emergency signal.

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25. Wheelchair-Accessible Sleeping Compartments

A Canadian railway company must ensure that a train with standard sleeping compartments has at least two adjacent wheelchair-accessible sleeping compartments that are adjacent, and

(a) are accessible to a person with a disability by an accessible route that complies with the requirements of this Part;

(b) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of turning areas for a person in a manual wheelchair (4.1(b));

(c) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of operating controls (4.2);

(d) have a door that is identified by the international symbol of access and complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of doors and doorways (5.2);

(e) comply with the requirements of the Canadian Standards Association's B651 − Accessible Design for the Built Environment, as amended from time to time, in respect of protruding objects (4.4.1) and width maintenance(4.4.2);

(f) contain at least two call buttons or two other devices for signalling an emergency that are

(i) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by a person using minimal force;

(g) have an attached wheelchair-accessible washroom that complies with this Part or access to one by an accessible passenger route that complies with the requirements of this Part; and

(h) if the compartments contain an emergency alarm, it is equipped with a visual and audible emergency signal.

26. Standard Shower Facilities(1) In this section, "standard shower facility" means a shower facility that is not designed for use by a person using a wheelchair.

(2) A Canadian railway company must ensure that a shower facility that is provided on a rail car complies with the requirements of the Canadian Standards Association's

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B65112 − Accessible Design for the Built Environment, as amended from time to time in respect of bathing facilities (6.5), except for the following:

(a) a roll-in shower stall (6.5.5);

(b) an access area (6.5.5.2);

(c) the clear floor space that provides access to an operating control (4.2.2); and

(d) the length of the horizontal grab bar on the back wall of the shower (6.5.5.3(c) (i)).

27. Wheelchair-Accessible Shower FacilitiesA Canadian railway company must ensure that a train with standard shower facilities has wheelchair-accessible shower facilities that

(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of bathing facilities (6.5); and

(b) are located in close proximity to wheelchair-accessible sleeping compartments, and can be accessed by an accessible passenger route that complies with the requirements of this Part from the wheelchair-accessible sleeping compartments.

28. Food Service Rail Cars(1) A Canadian railway company must ensure that a single-level food service rail car

(a) is accessible from at least one mobility aid space or wheelchair-accessible sleeping compartment by an accessible passenger route that complies with the requirements of this Part; and

(b) if it provides seating for passengers, has at least two mobility aid spaces in accordance with subsection (5).

(2) A Canadian railway company must ensure that a washroom in a food service rail car is wheelchair-accessible by complying with the requirements of this Part.

(3) A Canadian railway company must ensure that a train that has a bi-level food service rail car in which seating for passengers is provided has, on the lower level of the car, at least two mobility aid spaces that comply with the requirements of subsection (5).

(4) A Canadian railway company must ensure that a food service rail car is positioned to provide access by an accessible passenger route that complies with the requirements of this Part, to and from

(a) the maximum number of mobility aid spaces; or

(b) the maximum number of wheelchair-accessible sleeping compartments.

(5) A Canadian railway company must ensure that a space in a food service rail car for a person using a mobility aid

(a) provides a clear floor area of at least 815 mm x 1650 mm; and

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(b) adjoins an accessible passenger route that complies with the requirements of this Part.

(6) A Canadian railway company must ensure that a food service rail car that contains tables has one table at each mobility aid space that complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of table height (6.7.1.2) and knee clearance (6.7.1.3).

(7) A Canadian railway company must ensure that a counter that is in a food service rail car complies with the requirements Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of counter height (6.7.1.2) and knee clearance (6.7.1.3).

(8) A Canadian railway company must ensure that a menu display board in a food service rail car

(a) is positioned at a height that allows it to be easily seen by a person using a wheelchair;

(b) is positioned to avoid shadow areas and glare;

(c) has a glare-free surface;

(d) is colour-contrasted with its background; and

(e) complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of characters (4.5.3), pictograms and symbols(4.5.4), and illumination (4.5.5).

29. Mobility Aid Spaces and Transfer Seats(1) A Canadian railway company must ensure that each class of service provides a

minimum of two adjacent mobility aid spaces and two adjacent transfer seats, and a number of additional mobility aid spaces and a number of additional transfer seats at least equal to one mobility aid space and one transfer seat per 75 seats.

(2) A Canadian railway company must ensure that there are no more than two mobility aid spaces in one passenger rail car.

(3) A Canadian railway company must ensure that a mobility aid space provides

(a) a clear floor area of at least 815 mm x 1650 mm; and

(b) a call button that is in easy reach of a person using their mobility aid.

(4) A Canadian railway company must ensure that a mobility aid space and a transfer seat

(a) have a tray or table for serving meals; and

(b) adjoins an accessible passenger route that

(i) complies with the requirements of this Part; and

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(ii)provides access to a person with a disability to and from a mobility aid space and a transfer seat and a wheelchair-accessible washroom that complies with the requirements of this Part.

30. Elevators(1) A bi-level rail car that has an elevator shall comply with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment (5.6.1), as amended from time to time.

(2) A Canadian railway company shall post a sign at an elevator providing directions to an alternative route or location where assistance is available, if the elevator is not operational.

31. AlarmsIf a train is equipped with an alarm system, the system must provide both visual and audible alarms.

32. Storage of Mobility AidsA Canadian railway company must ensure that there is space for the storage of a mobility aid on at least one rail car that permits storage of the mobility aid in a manner that protects it from damage.

33. Onboard Entertainment Systems Accessible to a Person with a Disability

A Canadian railway company must ensure that its onboard entertainment system

(a) supports closed-captioning and audio description and enables a person with a disability

(i) to have access to the same entertainment content that the railway company provides to other passengers or, if this is not possible, to comparable content; and

(ii) to start, stop and pause the entertainment content, turn on and off closed captions and audio description, change the language of choice, control volume, and select channels through

(A) an interface that conforms with the Web Content Accessibility Guidelines 2.0 or,

(B) if the interface has not been manufactured to be used with onboard entertainment systems, through a tactile template overlay affixed to the interface.

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34. AnnouncementsA Canadian railway company must ensure that its trains have a means for making announcements for stops and destination and transfer points both audibly and visually.

35. Maintenance(1) A Canadian railway company must ensure that the accessibility features and equipment in the trains that it operates are in good working order and adequately maintained.

(2) If an accessibility feature or equipment is not in good working order, the railway company must promptly repair it, and while the repairs are being done, provide a safe and dignified alternative that provides a substantially equivalent level of accessibility.

Ferry Technical Provisions

1. Application(1) This Part applies to a Canadian ferry operator that provides a ferry passenger service between provinces or territories or between Canada and the United States using a ferry that

(a) weighs 1,000 gross tonnes or more;

(b) provides passenger seating in an enclosed space; and

(c) has ferry operator personnel who provide services to passengers.

(2) Unless otherwise specified, a Canadian ferry operator must comply with these regulations no later than one year after the day on which these Regulations come into force.

2. Passenger Safety Briefing CardsA Canadian ferry operator must have onboard each passenger deck of its ferries at least five passenger safety briefing cards that are in large print and at least five that are in braille.

3. Step Box(1) A Canadian ferry operator must provide a step box to be used by a person with a

disability for boarding a ferry or disembarking from it, if the riser height of the first or last step of the stairs to the ferry is different than the riser height of the other steps.

(2) A Canadian ferry operator must ensure that the step box

(a) is sturdy;

(b) has a tread surface that is firm and slip resistant;

(c) does not create glare; and

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(d) has a top outer edge marked by a contrasting colour strip that runs the full width of the box.

4. Boarding Aids(1) No later than three years after the day on which these Regulations come into force, a Canadian ferry operator must ensure that, where there is no level boarding for a passenger to board or disembark from a vessel, and a lift or ramp that complies with Terminal Accessibility Technical Requirements is not available, its ferries have:

(a) an integrated ramp or gangway that complies with Canadian StandardsAssociation's B651-12 - Accessible Design for the Built Environment, as amended from time to time, in respect of exterior ramps and

(i) is capable of withstanding the combined weight of a person with a disability and mobility aid to a maximum of 363 kg;

(ii) has a contrasting colour strip that runs the full width of its bottom edge;

(iii) has raised edges to prevent a mobility aid from rolling off the edge of the ramp;

and (iv) has a slip resistant surface.

5. Onboard Wheelchairs(1) No later than two years after the day on which these Regulations come into force, a

Canadian ferry operator must ensure that each deck on its ferries has an onboard wheelchair.

(2) Onboard wheelchairs in (1) shall have:

(a) foot rests;

(b) movable armrests;

(c) an occupant restraint device;

(d) wheel locks;

(e) a backrest height that permits safe and easy transfer of a person with a disability to and from a seat; and

(f) a width that permits, with assistance, its safe and easy maneuvering on the ferry.

6. Relieving Area for Service Dogs and Emotional Support Dogs

A Canadian ferry operator operating a ferry that travels over a period of four consecutive hours or more, must ensure:

(a) there is a designated area for service dogs and emotional support dogs to relieve themselves on board the ferry;

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(b) the designated relieving area is identified by tactile and braille signage;

(c) a safe path of travel to and from the relieving area is provided;

(d) directional signage to the relieving area which complies with the signage requirements in this Part is provided; and

(e) the designated relieving area is cleaned and maintained on a regular basis.

7. Onboard Entertainment Systems Not Accessible to a Person with a Disability

A Canadian ferry operator must, in respect of an onboard entertainment system that is not accessible to person with a disability because it does not support closed-captioning and audio description, enable a person with a disability to have access to the same entertainment content that is provided to other passengers or, if this is not possible, to comparable content, by providing to the person:

(a) on the person's request, a preloaded personal electronic device with the entertainment content; or

(b) access to the entertainment content through wireless streaming

(i) from the Canadian ferry operator 's server to the person's personal electronic device; or

(ii) from the internet to the person's personal electronic device.

8. Purchase or Lease of FerriesSubject to section 10, no later than one year after the day on which these Regulations come into force, a Canadian ferry operator must ensure that a ferry that it purchases or leases complies with the requirements of this Part.

9. Alteration of FerriesNo later than one year after the day on which these Regulations come into force, a Canadian ferry operator must ensure that any alteration to its ferries complies with the requirements of this Part, unless the alteration of the ferry

(a) would have a material impact on its structural integrity or its safe operation;

(b) is not possible due to unalterable dimensions of the ferry; or (c) would

fundamentally alter its essential nature or purpose.

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10. Solicitations for Purchase or Lease of Ferries before Coming into Force of the Regulations

If a Canadian ferry operator has made a solicitation for the purchase or lease of a ferry before the coming into force of these Regulations, and as a result of the solicitation, enters into a contract of purchase or lease after their coming into force, the ferry is not be subject to the requirements of this Part, other than in respect of an alteration, in which case section 9 shall apply.

11. Passenger Seating(1) A Canadian ferry operator must ensure that its ferries are equipped with

(a) tactile row markers, using raised characters and braille, for installation, either permanently or temporarily, on seats which can be reserved and located on the sides of seats above the armrests;

(b) moveable aisle armrests on at least 10% of all seats and evenly distributed throughout a seating area; and

(c) handholds on the back of aisle seats.

(2) A Canadian ferry operator must ensure that each seating area provides

(a) a minimum of two adjacent mobility aid spaces and two adjacent transfer seats, and a number of additional mobility aid spaces and a number of additional transfer seats at least equal to one mobility aid space and one transfer seat per 75 seats; and

(3) A Canadian ferry operator must ensure that a mobility aid space has a clear floor area of at least 815 mm x 1650 mm and is positioned to ensure that there is adequate manoeuvring space to enter it.

12. FloorsA Canadian ferry operator must ensure that its ferries have floors that comply with the requirements of the Canadian Standards Association's CAN/CSA B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of floor surfaces (4.3.1), changes in level(4.3.2) and carpets (4.3.3).

13. SignageA Canadian ferry operator must ensure that its ferries contain signage that

(a) is in a location that gives a person with a disability an indication of the service or equipment that is offered and of the direction to take to access it;

(b) is positioned to avoid shadow areas and glare;

(c) has a glare-free surface;

(d) is colour-contrasted with its background;

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(e) complies with the requirements of the Canadian Standards Association's CAN/CSA B651-12 − Accessible design for the built environment, as amended from time to time, in respect of characters (4.5.3), pictograms and symbols(4.5.4), illumination (4.5.5), tactile signs (4.5.6)and the international symbol of accessibility (4.5.7); and

(f) if electronic, has a screen that presents the signage in a way that the letters, numbers, symbols and pictographs are colour-contrasted but not in red on a black background and move slowly across the screen.

14. Operating controlsA Canadian ferry operator must ensure that operating controls on its ferries

(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of scope (4.2.1), height (4.2.3), operation (4.2.4), control devices (4.2.5, visual displays (4.2.6) and colour contrast (4.2.8*; and

(b) if intended for use by a person using a wheelchair, also comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of the location of the controls in relation to the floor area (4.2.2) being accessed by the person.

15. Tactile Attention Indicator SurfacesA Canadian ferry operator must ensure that a tactile attention indicator surface

(a) is provided 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 the ratio of slope to surface is steeper than 1:3; and

(b) complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of base surface level (4.3.5.2(b)), slip resistance (4.3.5.2(c)), colour contrast (4.3.5.3.3 (b) and configuration (4.3.5.3.1).

16. Accessible Passenger Routes and Aisle Widths

(1) A Canadian ferry operator must ensure that passenger routes comply with Canadian Standards Association's B651-12 - Accessible Design for the Built Environment, as amended from time to time, in respect of

(a) clear width of an accessible route (5.1.1);

(b) width maintenance (4.4.2);

(c) slope (5.1.2); and

(d) protruding objects (4.4.1).

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(2) A Canadian ferry operator must ensure that, if access to a passenger route from an exterior door requires passage through a vestibule or path, or a 90-degree or similar turn, the vestibule or path from the exterior door provides a minimum clear width of 1115 mm and a minimum clear turning radius of 1500 mm.

(3) A Canadian ferry operator must ensure that the aisle width between passenger seats is sufficient to accommodate an onboard wheelchair.

17. Interior Doors and DoorwaysA Canadian ferry operator must ensure that on a ferry

(a) the interior doors and doorways comply with the requirements of the Canadian Standards Association's B651 (R2017) - Accessible Design for the Built Environment, as amended from time to time, in respect of

(i) opening width (5.2.1),

(ii) door thresholds (5.2.6),

(iii) door opening force (5.2.8), and

(iv) door hardware (5.2.7);

(b) in the case of automatic and semi-automatic doors, the doors incorporate devices that prevent the doors from closing while a person is in the doorway;

(c) interior doors are marked with visual indicators in instances where 75% of a door's surface is made of a transparent material;

(d) doors to cabins, washrooms and other enclosed spaces in an area that has no other exit doors are not equipped with deadbolts or other means of security that are capable of being manipulated only from the inside; and

(e) in addition to the requirements set out in paragraphs (a) to (d), interior doors that are intended for use by a person using a mobility aid comply with the requirements of the Canadian Standards Association's B651 − Accessible Design for the Built Environment, as amended from time to time, in respect of the location of the operating controls in relation to the floor area (4.2.2) being accessed by the person and manoeuvering areas at doors (5.2.2).

18. Exterior DoorsA Canadian ferry operator must ensure that exterior doors on a ferry

(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of opening width (5.2.1);

(b) have handrails on both sides, fitted internally as close as is practicable to the outer wall of the rail car, except in the case of a doorway that is fitted with a device for boarding or disembarking from a ferry, such as an integrated ramp or gangway, and

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a trap door to which stairs are attached, in which case a handrail is required on only one side; and

(c) that are intended for use by a person with a disability using a mobility aid, provide

(i) a level maneuvering area on the push and pull sides of a door that is designed to be operated by a passenger, and

(ii)a clear floor area beside the latch edge extending the full height of the door and that complies with the requirements of the Canadian Standards Association's B65112 − Accessible Design for the Built Environment, as amended from time to time, in respect of the manoeuvering area at doors (5.2.2).

19. HandrailsA Canadian ferry operator must ensure that handrails on a ferry comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1) and recessed handrails (5.3.2).

20. StairsA Canadian ferry operator must ensure that boarding stairs and interior stairs on a ferry (a) comply with the requirements of the Canadian Standards Association’s CAN/CSAB651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of treads (5.4.1), risers (5.4.1) and nosing (5.4.2); (b) are equipped with handrails that

(i) are located on both sides of the stairs,

(ii)are at a uniform height between 860 mm to 920 mm, measured vertically from the leading edge of the tread, and

(iii) comply with the requirements of the Canadian Standards Association’s CAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1);

(c) are equipped with tactile attention indicator surfaces that

(i) commence one tread length before the stairs,

(ii) are located at the top of the stairs and extend the full width of the stairs;

(iii) are 600 to 650 mm in length, and

(iv) comply with the requirements of the Canadian Standards Association’sCAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of base surface level, slip resistance, colour contrast and configuration (5.4.3); and

(d) have lighting that accentuates steps and handrails.

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21. Emergency Window ExitsA Canadian ferry operator must ensure that emergency window exits are identified by a contrasting colour strip around the perimeter, and are identified by tactile and braille signage.

22. Standard Washrooms(1) In this section, "standard washroom" means a washroom that is not designed for use by a person using a wheelchair.

(2) A Canadian ferry operator must ensure that a standard washroom complies with the requirements for a universal washroom in accordance with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time (6.3), except for the following:

(a) clear floor area (6.3.1(a));

(b) the knee clearance centred on the lavatory(6.2.3.1(c));

(c) the clear floor area centred on the lavatory (6.2.3.1(d));

(d) the clear transfer space beside the toilet (6.2.6.2(b));

(e) the manoeuvring area at doors (5.2.2); and

(f) the floor space that provides access to the operating controls (4.2.2).

(3) A Canadian ferry operator must ensure that a standard washroom contains at least two call buttons or two other devices for signalling an emergency that are:

(a) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor;

(b) colour-contrasted from the surrounding area and is identified with tactile and braille signage; and

(c) operable by a person using minimal force.

23. Wheelchair-Accessible Washrooms(1) A Canadian ferry operator must ensure that there is at least one wheelchairaccessible washroom on each deck on its ferries that complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of universal washrooms (6.5).

(2) A Canadian ferry operator must ensure that a wheelchair-accessible washroom contains at least two call buttons or at least two other devices for signalling an emergency that are:

(a) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor;

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(b) colour-contrasted from the surrounding area and identified by tactile and braille signage; and

(c) operable by a person using minimal force.

24. Standard Cabins(1) In this section "standard cabin" means a cabin that is not designed for use by a

person using a wheelchair.

(2) A Canadian ferry operator must ensure that a standard cabin

(a) has operating controls that comply with the requirements of the Canadian StandardsAssociation's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of operating controls (4.2), except in respect of the floor area (4.2.2) providing access to the operating controls;

(b) has a door that complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time (5.2), except in respect of

(i) opening width (5.2.1),

(ii) clear maneuvering areas at doors (5.2.2),

(iii) location of controls for power-assisted doors (5.2.9.2), and

(iv) floor area providing access to operating controls (4.2.2);

(c) with objects that protrude more than 100 mm from the wall, the objects

(i) are cane-detectable at or below 680 mm from the floor, or

(ii) have their undersides at a height of at least 2030 mm from the floor;

(d) contains at least two call buttons or two other devices for signalling an emergency that are

(i) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by a person using minimal force.

(3) A Canadian ferry operator company must ensure that an emergency alarm that is in a cabin is equipped with a visual and audible emergency signal.

25. Wheelchair-Accessible CabinsA Canadian ferry operator must ensure that at least 5 percent of the total number of cabins, and a minimum of two that are adjacent to each other,

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(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of turning areas for a person in a manual wheelchair (4.1(b));

(b) comply with the requirements of the Canadian Standards Association's B651 – (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of operating controls (4.2);

(c) have a door that is identified by the international symbol of access and complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of doors and doorways (5.2);

(d) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of protruding objects (4.4.1) and width maintenance (4,4,2);

(e) contain at least two call buttons or two other devices for signalling an emergency that are

(i) located so that at least one is not more than 450 mm above the floor and at least one other is between 800 mm and 1100 mm above the floor,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by a person using minimal force;

(f) have an attached wheelchair-accessible washroom that complies with this Part or are located in close proximity to, and on the same deck, as a wheelchair-accessible washroom that complies with this Part; and

(g) if the cabin contains an emergency alarm, it is equipped with a visual and audible emergency signal.

26. Standard Shower Facilities(1) In this section, "standard shower facility" means a shower facility that is not designed for use by a person using a wheelchair.

(2) A Canadian ferry operator must ensure that a standard shower facility complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time in respect of bathing facilities (6.5), except for the following:

(a) a roll-in shower stall(6.5.5);

(b) an access area (6.5.5.2);

(c) the clear floor space that provides access to an operating control (4.2.2); and

(d) the length of the horizontal grab bar on the back wall of the shower (6.5.5.3(c)(i)).

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27. Wheelchair-Accessible Shower FacilitiesA Canadian ferry operator must ensure that a ferry that provides standard shower facilities, has a wheelchair-accessible shower facility that(a) complies with the requirements of the Canadian Standards Association's B651 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of bathing facilities (6.5); and

(b) is located in close proximity to, and on the same deck, as the wheelchair-accessible cabins.

28. Food Service Areas and Lounges(1) A Canadian ferry operator must ensure that at least five percent of tables in a food service area and at least five percent of tables in a lounge comply with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of spaces at tables and counters (6.7.1).

(2) A Canadian ferry operator must ensure that the tables in section (1) are identified by the international symbol of access.

(3) A Canadian ferry operator must ensure that there are at least two adjacent mobility aid spaces that

(a) have a clear floor area of at least 815 mm x 1650 mm,

(b) are positioned to ensure that there is adequate manoeuvring space to enter them, and

(c) have a table that complies with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of table height (6.7.1.2) and knee clearance (6.7.1.3).

(4) A Canadian ferry operator must ensure that counters comply with the requirements Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of counter height (6.7.1.2) and knee clearance (6.7.1.3).

(5) A Canadian ferry operator must ensure that a handrail is provided along the side of a food service counter and that the floor space adjacent to the counter complies with Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of clear width (5.1.1), width maintenance(4.4.2), slope (5.1.2) and protruding objects(4.4.1) for an accessible route.

(6) A Canadian ferry operator must ensure that lineup guides comply with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of lineup guides (5.1.3).

(7) A Canadian ferry operator must ensure that menu display boards :

(a) are positioned at a height well above head level but in a manner that can be seen easily by a person using a wheelchair;

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(b) are positioned to avoid shadow areas and glare;

(c) have a glare-free surface;

(d) are colour contrasted with its background;

(e) comply with requirements of Canadian Standards Association's B651 (R2017) − Accessible Design for the Built Environment, as amended from time to time, in respect of:

(i) characters (4.5.3)

(ii) pictograms and symbols (4.5.4), and

(iii) illumination(4.5.5)

(8) A Canadian ferry operator must ensure that a washroom in a food service area or lounge is wheelchair-accessible by complying with the requirements of this Part.

29. CountersA Canadian ferry operator must ensure that counters on its ferries for serving passengers:

(a) have at least one section that is of a height between 730 and 860 mm and has a centered knee clearance of at least 750 mm wide x 480 mm deep x 680 mm and is free of any obstructions that could impede verbal or visual communications between a passenger and Canadian ferry operator personnel; and

(b) have a non-glare finish and are colour contrasted from their surrounding area.

30. Elevators(1) A Canadian ferry operator must ensure that the ferries that it operates that have more than one deck have at least one elevator that provides service from a vehicle deck to all passenger decks except a deck which does not have a housing to protect the elevator from the weather, and complies with the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment (5.6.1), as amended from time to time.

(2) A Canadian ferry operator must post signs at each elevator explaining that the elevator may not be operational when the ferry's roll exceeds the elevator manufacturer's safe operating criteria.

31. AlarmsIf a train is equipped with an alarm system, the system must provide both visual and audible alarms.

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32. Storage of Mobility AidsA Canadian ferry operator must ensure that there is space for the storage of at least one mobility aid on each deck of a ferry that permits storage of the mobility aid in a manner that protects it from damage.

33. Onboard Entertainment Systems Accessible to a Person with a Disability

A Canadian ferry operator must ensure that its onboard entertainment systems

(a) that offer closed-captioning and audio description, enable a person with a disability

(i) to have access to the same entertainment content that the Canadian ferry operator provides to other passengers or, if this is not possible, to comparable content; and

(ii) to start, stop and pause the entertainment content, turn on and off closed- captions and audio description, change the language of choice, control volume, and select -channels through

(A) an interface that conforms with the Web Content Accessibility Guidelines 2.0 or,

(B) if the interface has not been manufactured to be used with onboard entertainment systems, through a tactile template overlay affixed to the interface.

34. Maintenance(1) A Canadian ferry operator must ensure that the accessibility features and equipment in the ferries that it operates are in good working order and adequately maintained.

(2) If an accessibility feature or equipment is not in good working order, the Canadian ferry operator shall promptly repair it, and while the repairs are being done, provide a safe and dignified alternative that provides a substantially equivalent level of accessibility.

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Intercity Bus Technical Requirements 1. Application

(1) This Part applies to a Canadian intercity bus operator that operates between the provinces of Canada, the provinces and territories of Canada or between Canada and another country by means of a bus that is capable of carrying ten or more passengers.

(2) Unless otherwise specified, a Canadian intercity bus operator must comply with these regulations no later than one year after the day on which these Regulations come into force.

2. Passenger Safety Briefing CardsA Canadian intercity bus operator must, where a bus has safety briefing cards onboard, have at least two passenger safety briefing cards that are in large print and at least two that are in braille.

3. Step Box(1) A Canadian intercity bus operator must provide a step box to be used by a person

with a disability for boarding a bus or disembarking from it, if the riser height of the first step up/last step down of the stairs to the bus is not the same as the riser height of the other steps.

(2) A Canadian intercity bus operator must ensure that the step box

(a) is sturdy;

(b) has a tread surface that is firm and slip resistant;

(c) does not create glare; and

(d) has a top outer edge marked by a contrasting colour strip that runs the full width of the box.

4. Boarding AidsNo later than three years after the day on which these Regulations come into force, a Canadian intercity bus operator must ensure that, where there is no level boarding for a passenger to board or disembark from a bus, and a station-based lift or ramp that complies with Terminal Accessibility Technical Requirements is not available, its buses have:

(a) a lift that is capable of withstanding the combined weight of a person with a disability and a mobility aid to a maximum of 272 kg; has a platform that has handrails on two sides of it, and has a slip-resistant surface; or

(b) a ramp or portable bridge plates that is capable of withstanding the combined weight of a person with a disability and mobility aid to a maximum of 272 kg, a

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contrasting colour strip that runs the full width of its bottom edge, raised edges to prevent a mobility aid from rolling off the edge of the ramp, and a slip resistant surface.

5. Onboard Entertainment Systems Not Accessible to a Person with a Disability

No later than one year after the day on which these Regulations come into force, a Canadian intercity bus operator must, in respect of an onboard entertainment system that is not accessible to person with a disability because it does not support closedcaptioning and audio description, enable a person with a disability to have access to the same entertainment content that is provided to other passengers or, if this is not possible, to comparable content, by providing to the person

(a) on the person's request, a preloaded personal electronic device with the entertainment content; or

(b) access to the entertainment content through wireless streaming

(i) from the intercity bus operator's server to the person's personal electronic device; or

(ii) from the Internet to the person's personal electronic device.

6. Purchase or Lease of Intercity BusesSubject to section 7, no later than one year after the day on which these Regulations come into force, a Canadian intercity bus operator must ensure that a bus that it purchases or leases complies with the requirements of this Part.

7. Alteration of Intercity BusesNo later than one year after the day on which these Regulations come into force, a Canadian intercity bus operator must ensure that any alteration to its buses complies with the requirements of this Part, unless the alteration of the bus

(a) would have a material impact on its structural integrity or its safe operation;

(b) is not possible due to unalterable dimensions of the bus; or (c) would

fundamentally alter its essential nature or purpose.

8. Solicitations for Purchase or Lease of Intercity Buses before Coming into Force of the Regulations

If a Canadian intercity bus operator has made a solicitation for the purchase or lease of an intercity bus before the coming into force of these Regulations, and as a result of the solicitation, enters into a contract of purchase or lease after their coming into force, the

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intercity bus is not subject to the requirements of this Part, other than in respect of an alteration, in which case section 7 must apply.

9. Passenger Seat AccessibilityA Canadian intercity bus operator must ensure that

(a) there are tactile row markers, using raised characters and braille, for installation, either permanently or temporarily, on seats or overhead bins and located within reach of passengers, either adjacent to mechanisms for opening overhead bins or on the sides of seats above the armrests;

(b) armrests on all aisle and middle seats are moveable;

(c) if there are call buttons, the call buttons have the following features

(i) located so that they are safe and easy to reach by a person with a disability when seated,

(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by the person with a disability using minimal force; and

(d) the first row of seating on both sides of a bus is designated as priority seating, including for persons with disabilities.

10. FloorsA Canadian intercity bus operator must ensure that buses that it operates are equipped with floors that comply with the Canadian Standards Association's CAN/CSA B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of floor surfaces (4.3.1), changes in level (4.3.2) and carpets (4.3.3).

11. Signage(1) A Canadian intercity bus operator must ensure that buses that it operates contain signage that

(a) is located so that it gives a person with a disability an indication of the service or equipment that is offered and of the direction to take to access it;

(b) is positioned to avoid shadow areas and glare;

(c) has a glare-free surface;

(d) is colour-contrasted with its background; and

(e) complies with requirements of Canadian Standards Association's CAN/CSA B651-12 − Accessible design for the Built Environment, as amended from time to time, in respect of characters (4.5.3), pictograms and symbols (4.5.4), illumination (4.5.5), tactile signs (4.5.6) and symbol of accessibility (4.5.7).

(2) A Canadian intercity bus operator must ensure that letters, numbers, symbols and pictographs on electronic signage

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(a) slowly scroll across the screen; and

(b) does not use red letters on a black background.

12. Accessible Equipment in WashroomsA Canadian intercity bus operator must ensure that buses that it operates have the following accessible equipment in their washrooms

(a) doors with door handles, pulls, latches, locks and other devices that are operable with minimal force by a person with a disability using one hand in a closed fist position or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person; (b) a toilet with

(i) an automated flush control or one that is operable with minimum force by a person with a disability using one hand in a closed fist or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person,

(ii) a seat height that is between 432 mm and 482 mm, and

(iii) a back support if the toilet has no seat lid; (c) faucets with

(i) temperature controls that are tactilely discernable by a person with a disability unless the water temperature is fixed to eliminate the risk of scalding,

(ii) in the case of non-automated faucets, temperature controls that are operable with minimal force by the person using a closed fist or another method of operation that does not require tight grasping, pinching or twisting of the wrist by the person, and

(iii) in the case of an automated faucet, a water activation capability that permits water to be dispensed when the person's hand is below the faucet; (d) grab bars that are

(i) rounded, slip-resistant, free of any sharp or abrasive elements, and have an exterior diameter and a clearance from the wall surface to which they are attached that permit easy grasping by a person with a disability, (ii) capable of supporting a minimum of 113.4 kgs, and

(iii) located on the wall behind the toilet and on a wall beside the toilet;

(e) toilet paper dispensers that are located so that they are easy to reach by a person with a disability who is seated on the toilet and do not interfere with the person's use of grab bars;

(f) soap dispensers that are operable with one hand by a person with a disability using minimal force and a closed fist position or another method of operation that does not require fine finger control, tight grasping, pinching or twisting of the wrist; and (g) call buttons that are

(i) in a location that is safe and easy to reach by a person with a disability who is seated on the toilet,

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(ii) colour-contrasted from the surrounding area and identified by tactile and braille signage, and

(iii) operable by the person with a disability with minimal force.

13. Wheelchair-Accessible Washrooms(1) A Canadian intercity bus operator must ensure that buses that it operates have a washroom that is accessible to a person with a disability using a wheelchair if the bus has

(a) sufficient space to enable the person − with or without the assistance of their attendant − to transfer to and from the wheelchair and the toilet;

(b) a door or other opening to the washroom that is wide enough to accommodate a person using a wheelchair; and

(c) sufficient space for manoeuvring a wheelchair outside the door or other opening to the washroom.

(2) A Canadian intercity bus operator must ensure that, to be accessible to a person with a disability using a wheelchair, the washroom described in subsection (1) has, in addition to the equipment that is set out in section 12,

(a) sufficient privacy, including the use of retractable curtains or retractable walls, to permit an attendant or service dog to remain with the person while they use the washroom; and

(b) faucets that are located so that they can be safely and easily used by the person.

14. Baggage compartmentA Canadian intercity bus operator must ensure that the buses that it operates have a baggage compartment capable of stowing at least two mobility aids that each weigh up to 227 kg and have a width of 109.2 cm, a height of 73.6 cm (with seat and steering column collapsed), and a length of 226.06 cm.

15. Operating ControlsA Canadian intercity bus operator must ensure that operating controls on its buses

(a) comply with the requirements of the Canadian Standards Association's B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of scope (4.2.1), height (4.2.3), operation (4.2.4), control devices (4.2.5), visual displays (4.2.6) and colour contrast (4.2.8); and

(b) if intended for use by a person using a wheelchair, also comply with the requirements of the Canadian Standards Association's B651 – Accessible Design for the Built Environment, as amended from time to time, in respect of the location of the controls in relation to the floor area (4.2.2) being accessed by the person.

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16. Tactile Attention Indicator SurfacesA Canadian intercity bus operator must ensure that a tactile attention indicator surface

(a) is provided 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 the ratio of slope to surface is steeper than 1:3; and

(b) complies with the requirements of the Canadian Standards Association's B651 – Accessible Design for the Built Environment, as amended from time to time, in respectof base surface level [4.3.5.2(b)], slip resistance [4.3.5.2(c)], colour contrast [4.3.5.3.3(b)] and configuration (4.3.5.3.1).

17. Mobility Aid SpacesA Canadian intercity bus operator must ensure that the buses that it operates that are designed to permit persons with disabilities to remain in their mobility aids during travel have at least two mobility aid spaces which measure

(a) at least 1220 mm by 685 mm where the bus seats up to 24 passengers, and (b) at least 1220 mm by 760 mm where the bus seats more than 24 passengers.

18. Grab Bars, Handholds, Handrails and Stanchions

(1) A Canadian intercity bus operator must ensure that the buses that it operates have grab bars, handholds, handrails or stanchions located(a) where passengers are required to pay fares,(b) proximate to mobility aid spaces,(c) in priority seating areas,(d) on each side of an entrance or exit,(e) and distributed throughout the vehicle to support independent and safe boarding

and de-boarding, on-board circulation, and provide assistance for seating and standing, and

(f) positioned such that they do not interfere with the turning and maneuvering space required for mobility aids to access a mobility aid space.

(2) A Canadian intercity bus operator must ensure that grab bars, handholds, handrails or stanchions located at an entrance or exit must be accessible from ground level and be mounted such that they are inside the bus when the doors are closed.

(3) A Canadian intercity bus operator must ensure that grab bars, handholds, handrails and stanchions(a) are sturdy, rounded and free of any sharp or abrasive element,(b) have an exterior diameter that permits easy grasping and sufficient clearance

from the surface to which they are attached, (c) are colour-contrasted with their background and (d) have a slip resistant surface.

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19. AnnouncementsA Canadian intercity bus operator must ensure that the buses that it operates have a means for making announcements for stops and destination and transfer points both audibly and visually.

20. StairsA Canadian intercity bus operator must ensure that boarding stairs on the buses that it operates (a) comply with the requirements of the Canadian Standards Association’s CAN/CSAB651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of treads (5.4.1), risers (5.4.1) and nosing (5.4.2); (b) are equipped with handrails that

(i) are located on both sides of the stairs,

(ii) are at a uniform height between 860 mm to 920 mm, measured vertically from the leading edge of the tread, and

(iii) comply with the requirements of the Canadian Standards Association’s CAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from time to time, in respect of handrail grips (5.3.1); and (c) are equipped with tactile attention indicator surfaces that

(i) commence one tread length before the stairs,

(ii)are located at the top of the stairs and extend the full width of the stairs, (iii) are 600 to 650 mm in length, and

(iv) comply with the requirements of the Canadian Standards Association’sCAN/CSA-B651-12 − Accessible Design for the Built Environment, as amended from

time to time, in respect of base surface level [4.3.5.2(b)], slip resistance [4.3.5.2(c)], colour contrast [4.3.5.3.3(b)] and configuration (4.3.5.3.1); and (d) have lighting that accentuates steps and handrails.

21. Emergency window exitsA Canadian intercity bus operator must ensure that emergency window exits on the buses that it operates are clearly identified by a contrasting colour strip around the perimeter and by tactile and braille signage.

22. Onboard Entertainment Systems Accessible to a Person with a Disability

A Canadian intercity bus operator must ensure that the onboard entertainment systems on the buses that it operates

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(a) support closed-captioning and audio description and enable a person with a disability

(i) to have access to the same entertainment content that the intercity bus operator provides to other passengers or, if this is not possible, to comparable content; and

(ii) to start, stop and pause the entertainment content, turn on and off closed- captions and audio description, change the language of choice, control volume, and select channels through

(A) an interface that conforms with the Web Content Accessibility Guidelines 2.0 or,

(B) if the interface has not been manufactured to be used with onboard entertainment systems, through a tactile template overlay affixed to the interface.

23. Maintenance(1) A Canadian intercity bus operator must ensure that the accessibility features and

equipment in the buses that it operates are in good working order and adequately maintained.

(2) If an accessibility feature or equipment is not in good working order, the intercity bus operator must promptly repair it, and while the repairs are being done, provide a safe and dignified alternative that provides a substantially equivalent level of accessibility.

Terminal Technical Requirements 1. Application

This Part applies to the following terminal operators

(a) an air terminal operator at whose terminal there were more than 100,000 boarded and deboarded passengers in each of the two preceding calendar years;

(b) a rail terminal operator that serves a railway company that operates a rail passenger service through three or more provinces or provinces and territories within Canada or between Canada and the United States, but does not include unstaffed rail terminals and stops;

(c) a ferry terminal operator that serves a ferry operator that operates between provinces of Canada, provinces and territories of Canada or the United States and Canada using a ferry that weighs 1,000 gross tonnes or more, provides passenger seating in an enclosed space, and has ferry operator personnel who provide services to passengers;

(d) an intercity bus terminal operator that serves an intercity bus operator that operates between the provinces and territories of Canada or between the United

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States and Canada by means of a bus that is capable of carrying ten or more passengers; and

(e) a port terminal operator.

2. Boarding AidsNo later than three years after the day on which these Regulations come into force, if there is no level boarding to an aircraft, train, ferry, intercity bus or cruise ship, a terminal operator must ensure that there is:

(a) a lift that is capable of withstanding the combined weight of a person with a disability and a mobility aid to a maximum of 363 kg, has a platform that has handrails on two sides of it, and has a slip-resistant surface; or

(b) a ramp that is capable of withstanding the combined weight of a person with a disability and mobility aid to a maximum of 363 kg, has a contrasting colour strip that runs the full width of its bottom edge, raised edges to prevent a mobility aid from rolling off the edge of the ramp, and a slip resistant surface.

3. Wheelchairs(1) No later than two years after the day on which these Regulations come into force, a

terminal operator must ensure that its terminal buildings have a sufficient number of wheelchairs to address the needs of its passengers.

(2) The wheelchairs in subsection (1) shall have:(a) foot rests;

(b) movable armrests;

(c) an occupant restraint device;(d) wheel locks; and(e) a backrest height that permits safe and easy transfer of a person with a disability

to and from a seat.

4. SeatingNo later than one year after the day on which these Regulations come into force, a terminal operator must ensure that its terminal buildings provide:

(a) seating along circulation paths at regular intervals of approximately 30 m; and

(b) designated seating for persons with disabilities close to, and within clear view of, personnel and communication boards in boarding areas.

5. Service Animal Relief Areas(1) No later than one year after the day on which these Regulations come into force, a terminal operator must ensure that it provides an area for service dogs and emotional

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support dogs to relieve themselves outside a terminal, close to an entrance and accessible via a safe path of travel from the terminal.

(2) No later than two years after the day on which these Regulations come into force, a terminal operator must ensure that it provides an area for service dogs and emotional support dogs to relieve themselves that can be accessed from the secure areas of a terminal, close to an entrance and accessible via a safe path of travel from the terminal.

6. Construction, Purchase or Lease of Terminal Buildings

Subject to section 8, no later than one year after the day on which these Regulations come into force, a terminal operator must ensure that a terminal building that it constructs, purchases or leases complies with the Canadian Standards Association's CAN/CSA B651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time, except with respect to retail space and non-public areas, and where prohibited by heritage protection acts and regulations.

7. Alteration of Terminal BuildingsNo later than one year after the day on which these Regulations come into force, a terminal operator must ensure that any alteration to its terminal buildings, except with respect to retail space and non-public areas, complies with the requirements of this Part, unless the alteration of the terminal building

(a) would have a material impact on its structural integrity or its safe operation;

(b) is not possible due to its unalterable dimensions;

(c) would fundamentally alter its essential nature or purpose; or (d) is prohibited by

heritage protection acts and regulations.

8. Solicitations For Construction, Purchase or Lease of Terminal Buildings before Coming into Force of the Regulations

If a terminal operator has made a solicitation for the construction, purchase or lease of a terminal building before the coming into force of these Regulations, and as a result of the solicitation, enters into a contract of construction, purchase or lease after their coming into force, the terminal building shall not be subject to the requirements of this Part, other than in respect of an alteration, in which case section 7 shall apply.

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9. Inter-Terminal Shuttle Buses and Light Rail Trains

A terminal operator must ensure that inter-terminal shuttle buses and light rail trains meet the requirements in the Intercity Bus Terminal Technical Requirements, with respect to requirements concerning passenger seat accessibility; floors; signage; operating controls; tactile attention indicator surfaces; mobility aid spaces; grab bars, handholds, handrails and stanchions; announcements; stairs; emergency window exits; and boarding aids.

10. Maintenance(1) A terminal operator must ensure that the interior and exterior accessibility features of

a terminal building and all equipment intended for use by persons with disabilities, including inter-terminal shuttle buses and light rail trains, are in good working order and adequately maintained.

(2) A terminal operator must ensure that obstructions to the path of travel due to repairs or maintenance are detectable by persons using canes to guide them and are clearly colour-contrasted so as to be detectable by a person with a visual disability.

(3) Where usual routes of travel inside or outside of a terminal building are not accessible, including due to stairs or escalators, a terminal operator must provide a safe, dignified, and accessible alternative which enables a person to access the intended service or reach their destination.

(4) If an accessibility feature or equipment, including inter-terminal shuttle buses and light rail trains, are not in good working order, the terminal operator shall promptly repair it, and while the repairs are being done, provide a safe and dignified alternative that provides a substantially equivalent level of accessibility.

CATSA Security Clearance Requirements

1. Application(1) This Part applies in respect of security screening conducted by CATSA.

(2) Nothing in this Part relieves CATSA from complying with applicable health, privacy, safety and security laws that are necessary for the protection of the health, privacy, safety and security of passengers or CATSA personnel.

2. Costs for Accommodation(1) CATSA must not impose any costs for providing an accommodation to a person with

a disability.

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3. Accommodation Services

(1) CATSA must, on request, provide the following accommodation services to a person with a disability during the security screening process:(a) allow a representative of an air carrier or an individual with a security pass to

accompany a person who requires assistance to proceed from the security screening area to the secure side;

(b) assist a person who has difficulty waiting in a queue by:(i) directing the person, and any attendant travelling with them, to an alternate

queue designed to expedite the security screening process; or(ii) redirecting the person, and any attendant travelling with them, to the front of

the queue for the security screening process.(c) inform the person when to proceed from a queue to an agent for security

screening, including when to proceed through scanning equipment, such as a metal detector or body scanner;

(d) provide instructions for the security screening process, including when the person is(i) accompanied by a service dog or an emotional support dog; or (ii) using a

disability aid.(e) assist a person by placing their carry-on baggage and other belongings on the

screening belt; and(f) inform a person who is blind or visually impaired when the security screening is

complete and provide assistance in retrieving their baggage and other belongings that have been screened.

(2) CATSA must simultaneously screen a person with a disability and(a) their disability aid if the person must continue to use their disability aid during the

screening process;(b) their service dog or emotional support dog; and (c) their attendant.

(3) CATSA must promptly return a disability aid that has been removed for separate screening to the person after it has been screened.

(4) CATSA must provide a person with a disability who does not need to use their mobility aid during the screening process, but who has difficulty standing, with a chair while their mobility aid is being screened.

(5) CATSA must, on the request of a person with a disability who is deaf, deafened or hard of hearing, provide information during the screening process in writing or if possible, by using American Sign Language or langue des signes québecoise.

(6) CATSA must display prominently on its website:(a) the aspects of the security screening process that relate particularly to a person

with a disability;(b) accommodation services provided by CATSA and any conditions to which the

services are subject; and(c) CATSA's complaint resolution services.

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4. Signage

(1) CATSA must ensure that signage under its control in terminal space used by it for security screening purposes(a) is located at key decision-making points, such as washrooms and exits;(b) is positioned to avoid shadow areas and glare;(c) is equipped with a glare-free surface;(d) is colour-contrasted with its background;(e) complies with requirements of the Canadian Standards Association’s

CAN/CSAB651-12 (R2017) - Accessible Design for the Built Environment, as amended from time to time in respect of:(i) characters (4.5.3);(ii) pictograms and symbols(4.5.4);

(iii)illumination (4.5.5);(iv) tactile signs (4.5.6); and(v) symbol of accessibility; and

(2) if electronic, has a screen that presents the signage in a way that the letters, numbers, symbols and pictographs are colour-contrasted, but not in red on a black background and move slowly across the screen.

Canada Border Services Agency Requirements

1. Application(1) This Part applies in respect of border clearance conducted by CBSA.

(2) Nothing in this Part relieves CBSA from complying with health, privacy, safety and security acts and regulations that are necessary for the protection of the health, privacy, safety and security of passengers and CBSA personnel.

2. Costs for AccommodationCBSA must not impose any costs for providing an accommodation to a person with a disability.

3. Accommodation Services(1) CBSA must provide the following accommodation services to a person with a

disability during the border clearance process(a) on the person's request

(i) if the person has difficulty waiting in a queue,

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(A)direct the person, and any attendant travelling with them, to an alternate queue designed to expedite the border clearance process, or

(B)redirect the person, and any attendant travelling with them, to the front of the queue for the border clearance process,

(ii) assist the person in completing a declaration card or providing a verbal declaration;

(b) inform the person when to proceed from a queue to an agent for the border clearance process; and

(c) provide instructions to the person for the border clearance process.(2) CBSA must provide the following services to a person with a disability if the person

requires additional clearance:(a) inform the person when to proceed to an agent for additional clearance;(b) provide instructions to the person for the additional clearance process; and(c) on the request of the person, assist the person in placing personal items on a

counter for inspection and retrieving them following the inspection.

(d) inform a person who is blind or visually impaired when the inspection is completeand provide assistance in retrieving personal items that have been inspected.

(3) CBSA must, on the request of a person with a disability who is deaf, deafened or hard of hearing, provide information during the clearance process in writing or if possible, by using American Sign Language or langue des signes québecoise.

(4) CBSA must display prominently on its website:(a) aspects of the border clearance process that relate particularly to a person with a

disability;

(b) accommodations provided by CBSA and any conditions to which the services are subject; and

(c) CBSA's complaint resolution services.

4. SignageCBSA must ensure that signage under its control in terminal space used by it for border clearance purposes,

(a) is located at key decision-making points, such as washrooms and exits;(b) is positioned to avoid shadow areas and glare;(c) has a glare-free surface;(d) is colour-contrasted with its background;(e) complies with requirements of the Canadian Standards Association’s

CAN/CSAB651-12 (R2017) − Accessible Design for the Built Environment, as amended from time to time in respect of(i) characters (4.5.3),(ii) pictograms and symbols (4.5.4),(iii)illumination (4.5.5),

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(iv) tactile signs (4.5.6), and(v) symbol of accessibility; and

(f) if electronic, has a screen that presents the signage in a way that the letters, numbers, symbols and pictographs are colour-contrasted, but not in red on a black background and move slowly across the screen.

Training, Communciations, Accessibility Plans, and Reporting

1. ApplicationRequirements regarding training, communications, accessibility plans, and reporting apply to the following:

(1) Air(a) A Canadian air carrier that holds a domestic licence and that provides an air

service by means of a fixed-wing aircraft with 30 or more passenger seats within Canada or between Canada and another country.

(b) An operator of an air terminal located in Canada at which there were more than 100,000 boarded and deboarded passengers in each of the two preceding calendar years.

(2) Rail(a) A Canadian railway company that provides a rail passenger service through

three or more provinces or provinces and territories within Canada or between Canada and the United States

(b) An operator of a rail terminal located in Canada that serves a railway company referred to in (a).

(3) Ferry(a) A Canadian ferry operator that provides a ferry passenger service between

provinces or provinces and territories within Canada or between Canada and theUnited States by means of a ferry that(i) weighs 1,000 gross tonnes or more;(ii) provides passenger seating in an enclosed space; and(iii)has ferry operator personnel who provide services to passengers

(b) An operator of a ferry terminal located in Canada that serves a ferry operator referred to in (a).

(4) Intercity Bus(a) A Canadian intercity bus operator that operates between the provinces of

Canada, or provinces and territories within Canada or between Canada and the United States by means of a bus that is capable of carrying 10 or more passengers.

(b) An operator of an intercity bus terminal located in Canada that serves an intercity bus operator referred to in (a).

(5) A port terminal operator.(6) CATSA

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(7) CBSA

2. TrainingNote: For the purposes of the provisions in this section, references to "carriers" include an air carrier, railway company, ferry operator and intercity bus operator identified in section 1. References to "terminal operator" include an air terminal, rail terminal, ferry terminal, intercity bus terminal and a port terminal operator.

(1) Employees and contractors who interact with the public:

Carriers, terminal operators, CATSA and CBSA shall ensure that, consistent with their type of operation, their employees and contractors who provide transportation-related services and who may be required to interact with the public or to make decisions in respect of the carriage of persons with disabilities receive a level of training appropriate to the requirements of their function in the following areas:

(a) the policies and procedures with respect to persons with disabilities, including relevant regulatory requirements;

(b) the needs of persons with disabilities most likely to require additional services, including persons who are Deaf, deaf-blind, hard of hearing, or who have visual, intellectual, mental health or episodic disabilities (e.g. multiple sclerosis, epilepsy, etc.), recognition of those needs, and the responsibilities of the transportation service provider in relation to those persons, including the level of assistance, methods of communication, and aids or devices generally used and required by persons with disabilities; and

(c) the necessary skills for providing assistance to persons with disabilities, including the role of the attendant, and the needs of persons travelling with a service dog or emotional support dog, including the role and the needs of that dog.

(2) Employees and contractors who provide physical assistance

Carriers and terminal operators shall ensure that, consistent with their type of operation, their employees and contractors who may be required to provide physical assistance to a person receive the training described in this Part and a level of training appropriate to the requirements of their function in the following areas:

(a) assisting with mobility aids through doors and on irregular and multi-level surfaces, steps, curbs and elevators;

(b) transferring a person between the person's own mobility aid and a mobility aid provided by a carrier or a terminal operator and, where applicable, between a mobility aid and the person's passenger seat, including(i) seeking information from a person with respect to the person's preferred method of transfer and information with respect to any other measures required to ensure the safety and comfort of the person, and (ii) performing appropriate lifting techniques to:

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(c) execute various types of transfer with maximum consideration for the dignity, safety and comfort of the person, and

(d) avoid injury to the employee or contractor making the transfer;(e) guiding and orienting a person who is blind or whose visual impairment affects

that person's mobility; and(f) assisting a person who has limitations in balance, agility or coordination that

affect that person's mobility.

(3) Employees and contractors who handle mobility aids

Carriers and terminal operators shall ensure that, consistent with their type of operation, all of their employees and contractors who may be required to handle mobility aids receive the training described in section 4 and a level of training appropriate to the requirements of their function in the following areas:

(a) different types of mobility aids;(b) requirements, limitations and procedures for securing, carrying and stowing

mobility aids in the passenger compartment of a vehicle; and(c) proper methods of carrying and stowing mobility aids in the baggage

compartment of a vehicle, including the disassembling, packaging, un-packaging and assembling of the mobility aids.

(4) Employees and contractors who assist with equipment or aids

Carriers and terminal operators shall ensure that, consistent with their type of operation, all of their employees and contractors who may be required to use equipment or aids receive the training described in this Part and a level of training appropriate to the requirements of their function in the following areas:

(a) telephone devices for persons who are deaf or hard of hearing, electronic signage, and audio or video equipment;

(b) in-flight entertainment systems;(c) automated self-service kiosks;(d) mechanical lifts, ramps and other level-change devices; and(e) oxygen devices, on-board electrical supply, and connection of auxiliary respirator

systems.(5) Time limit for completion of training

Carriers, terminal operators, CATSA and CBSA shall ensure that their employees and contractors who are required by these Regulations to receive training complete their initial training within 60 days after the commencement of their duties.

(a) Carriers, terminal operators, CATSA and CBSA shall ensure that every new employee and contractor who provide transportation-related services and who may be required to interact with the public or to make decisions in respect of the carriage of persons with disabilities and who have not yet received training appropriate to the requirements set forth in these Regulations, shall be supervised by an employee or contractor who has received the appropriate level of training.

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(b) Carriers, terminal operators, CATSA and CBSA shall ensure that their employees and contractors receive refresher training sessions appropriate to the requirements of their function at least once every three years.

(c) Carriers, terminal operators, CATSA and CBSA shall keep their training programs current by incorporating, at the earliest opportunity, any new information on procedures and services offered or any technologies introduced by them to assist persons with disabilities.

(d) Transportation service providers shall ensure that their employees and contractors receive regular information updates regarding any new policies, procedures, services and equipment offered or any technologies introduced by them to assist persons with disabilities.

(6) Consulting with an expert in accessibility for persons with disabilities

Transportation service providers shall consult with an expert in accessibility for persons with disability when developing and updating their training program.

(7) Training program description

Transportation service providers shall keep available for inspection by the Agency and, where permitted by law, the general public, a copy of their current training program.

24. CommunicationNote: For the purposes of the provisions in this section, references to "transportation service provider" include an air carrier, railway company, ferry operator, intercity bus operator, CATSA and CBSA identified in section 1.

(i) Communication of Information(2) A transportation service provider must ensure that transportation information

that it makes available to the public(i) (a) electronically, is accessible to a person with a disability who is using

adaptive technologies; and(ii) (b) in print format, is available on request in an alternate format, such as large

print or electronically.(3) Accessible Automated Self-service Kiosks(4) In this section accessible in respect of an automated self-service kiosk, means a

kiosk, including its related hardware and software components, that(i) (a) meets the design requirements set out in the Canadian Standards

Association's CAN/CSA-B651.2-07 (R2017) Accessible Design for Selfservice Interactive Devices, as amended from time to time;

(ii) (b) provides the same functions as other automated self-service kiosks of the same type in a service area;

(iii)(c) is visually and tactilely identifiable with an international symbol of accessibility affixed to the front of it; and

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(iv) (d) is marked with signage identifying priority access for a person with a disability.

(5) (3) Subject to subsection (4), a transportation service provider that owns or controls an automated self-service kiosk in a service area must ensure that these are accessible.

(6) (4) If there is

(a) one automated self-service kiosk located in a service area, the transportation service provider must, no later than 2 years after the day on which theseRegulations come into force, ensure that the kiosk is accessible; and

(b) more than one automated self-service kiosk located in a service area, the transportation service provider must, no later than 7 years after the day on which these Regulations come into force, ensure that all automated self-service kiosks, including installations of new kiosks or replacements of existing kiosks must be accessible in the service area.

(7) A transportation service provider must ensure that accessible automated self-service kiosks are in good working order.

(8) If an accessible automated self-service kiosk is not in use because it has been damaged or requires servicing, a transportation service provider must have their personnel available to

(a) direct a person with a disability to the nearest available accessible automated self-service kiosk, if any; or

(b) provide a comparable service to a person with a disability, such as assisting the person in using a kiosk that is not accessible.

(9) A transportation service provider must ensure that its personnel are available to assist a person with a disability who has difficulty using an accessible automated self-service kiosk.

(10) Telecommunications Systems for Reservations and Information(11) A transportation service provider that uses telephone lines for reservation

purposes or to provide information on its services must,(a) in the case of an automated voice messaging system, ensure that the system

has a link for a person with a disability to communicate with a live operator or the ability to leave a message to have a call returned;

(b) provide an comparable service to a person with a disability through the use of alternative communications systems, including teletypewriters, e-mail and video relay services; and

(c) include in its publications, promotions, advertisements, web sites or other information products where telephone numbers are listed, information on how to access alternative communications systems.

(12) (9) Public Announcements and Other Communication of Information(13) A transportation service provider must ensure that its public announcements are

made in audio and visual format in their service areas inside terminals.(14) A transportation service provider must, on the request of

(i) a person with a hearing disability, make audio information available in a visual format; and

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(ii) a person with a visual disability, make information available to the person in audio format.

(15) (10) Web Site, Mobile Web Site and Applications(a) A transportation service provider must ensure that web sites, including mobile

sites that contain other platforms such as applications, that exist or are being developed or modified and that are, or will be, owned or controlled by the transportation service provider comply with the Worldwide Web Consortium`s (W3C) Web Content Accessibility Guidelines 2.0, level AA, as amended from time to time, to enable a person with a disability to (i) access their frequent traveller account, travel itinerary, transportation service provider contact information, travel schedules and trip status; (ii) book or change a reservation, including all related services; and (iii)check-in.

(b) A transportation service provider must, on the request of a person with a disability make available a means of communication that is not web-based, including telephone, teletypewriter, video relay service or email, to enable the person to act for a purpose that is referred to in paragraphs (1)(a) to (c).

25. Transportation Accessibility Plans(1) Interpretation

(a) In this section, transportation accessibility plan or plan refers to the document that a transportation service provider files with the Agency under subsection (5) or (6).

(2) Accountable Officer(a) No later than three months after the coming into force of these Regulations, a

transportation service provider must appoint an individual as accountable officer to ensure on its behalf that a transportation accessibility plan is established, implemented and maintained in accordance with subsections (5) to (7).

(b) The transportation service provider must notify the Agency, in writing, of the name of the accountable officer and that of any accountable officer subsequently appointed, no later than 30 days after the day of the appointment.

(c) The transportation service provider must ensure that the accountable officer has authority over the human and financial resources required to:(i) establish, implement and maintain its transportation accessibility plan; and(ii) ensure that the transportation service provider’s activities are carried out in a

manner that meets its obligations under these Regulations.(3) Initial Accessibility Plan

(a) The transportation service provider must, no later than one year after the day on which these Regulations come into force, file electronically with the Agency aninitial three-year transportation accessibility plan that indicates (i) how it will meet the requirements of these Regulations; and(ii) that the plan has been prepared under the direction of the accountable officer

and includes a statement signed by the accountable officer attesting to senior executive management's knowledge and approval of the plan.

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(4) Subsequent Accessibility Plan(a) The transportation service provider must file a subsequent three-year

transportation accessibility plan electronically with Agency, on December 31 of the third year after the year in which its initial transportation accessibility plan is filed and every three years after that.

(b) A subsequent transportation accessibility plan must contain:(i) the information that is required under subsection (5) for the initial plan; and

(ii) any changes to improve and adjust the plan to address new circumstances, including advancements in technology and equipment relating to accessible transportation.

(5) Communication of Accessibility Plan(a) The transportation service provider must

(i) display its transportation accessibility plan prominently on its website; and(ii) on request, make the transportation accessibility plan available in an alternate

format, such as large print or electronically.

26. Reporting(1) Annual Progress Reports

(a) A transportation service provider must,(i) on December 31 of each year after the year in which it files its initial

transportation accessibility plan, file a progress report electronically with the Agency that describes the measures that the transportation service provider has taken in the particular year to implement its plan;

(ii) prominently display the progress report on its website; and

(iii)on request, make the progress report available in an alternate format such as large print or electronically.

(2) Annual Accessibility Complaints Reports(a) On December 31 of each year after the year in which these Regulations come

into force, a transportation service provider must electronically file with theAgency a Transportation Accessibility Complaints Report that(i) sets out the total number of complaints received by the transportation service

provider in respect of(A)each category of disability, including allergies, cognitive functioning,

hearing, mental health, mobility, vision, vision and hearing and other disabilities; and

(B)each disability-related issue raised in the complaints, including those in respect of additional seating; advance notice; inaccessibility of an aircraft; rail car, bus, ferry or terminal; allergies; attendants; communication; curbside assistance; mobility aids and damage to them and their storage and delayed return; embarking or disembarking; emotional support dogs; onboard entertainment; kiosks; medical clearance and documentation; refusal of transportation; seating accommodation; service dogs and training; and

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(ii) is prepared under the direction of the accountable officer and includes a statement attesting to senior executive management's knowledge and approval of the plan.

(3) A transportation service provider must(a) create a file in respect of each accessibility complaint;(b) maintain the file for a period of three years beginning on the day that it is created;

and

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(c) after receiving a written request from the Agency for access to the file, make the file available to the Agency within 30 days after receipt of the request.