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

Marginal note:Wheelchair-accessible washroom

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

• (a) have a door or other opening to the washroom that has sufficient space in front of it and that is wide enough to allow the entry of a person using an on-board wheelchair;

• (b) have sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet;

• (c) have sufficient privacy, including with the use of retractable curtains or walls, to allow a support person or service dog to remain in the washroom with a person using the on-board wheelchair; and

• (d) be equipped with faucets that are positioned to be easily usable by a person using an on-board wheelchair.

Marginal note:Mandatory wheelchair-accessible washroom

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

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

• (b) sufficient space to allow a person, with assistance, to transfer to and from an on-board wheelchair and the toilet.

Marginal note:On-board entertainment system

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

• (a) access entertainment content that offers closed captioning and audio description and that is the same entertainment content that is offered to the other passengers or, if that is not possible, that is comparable entertainment content; and

• (b) start, stop and pause the entertainment content, turn on and off the closed captioning and audio description, change the language of choice, control the volume and select channels

  • (i) through an interface that meets the requirements for an interface that are set out in Web Content Accessibility Guidelines, or

  • (ii) if the interface has not been designed to be used with the on-board entertainment system, through a tactile template overlay affixed to the interface.

Marginal note:Pre-existing aircraft

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

• Marginal note:Personal electronic devices

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

Marginal note:Floors

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

Marginal note:Tactile attention indicator surfaces

83 Tactile attention indicator surfaces on an aircraft must

• (a) be located at the top of stairs and at any other location where there is an unprotected drop-off edge and a change in elevation greater than 250 mm or where the ratio of the slope to surface is steeper than 1:3; and

• (b) meet the requirements set out in clauses 4.3.5.2(a) and (b), 4.3.5.3.1 and 4.3.5.3.4 of CSA B651-18.

Marginal note:Signage

• 84 (1) Signage on an aircraft must

  • (a) indicate any services, facilities, amenities or equipment that are offered and the direction to follow in order to access them;

  • (b) be positioned to avoid shadow areas and glare and have a glare-free surface;

  • (c) be colour-contrasted with its background; and

  • (d) except in the case of electronic signage, meet the requirements set out in clauses 4.5.3 to 4.5.7 of CSA B651-18.

• Marginal note:Electronic signage

  (2) Electronic signage must

  • (a) have letters, numbers, symbols and pictographs that slowly scroll across the screen and are colour-contrasted with their background but are not in red on a black background; and

  • (b) meet the requirements set out in clauses 4.5.3 to 4.5.5 of CSA B651-18.

Marginal note:Maintenance

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

• Marginal note:Repairs

  (2) If any facilities, amenities or equipment that are referred to in subsection (1) are not in good working order, they must be repaired as soon as possible and, until they are repaired, measures must be taken that will result in a substantially equivalent or greater level of accessibility for persons with disabilities.

DIVISION 2Rail Carriers

Application

Marginal note:Rail carriers

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

• (a) between three or more provinces; or

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

Marginal note:Pre-existing trains

• 87 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 97, 98, 108 and 117, do not apply to a pre-existing train.

• Marginal note:Clarification — portable equipment

  (2) Sections 90 to 93 apply to a pre-existing train with respect to any step box, lift or ramp that is portable and not integrated with the pre-existing train.

• Marginal note:Modifications

  (3) If a carrier makes a modification — other than a modification to a mechanical, electrical or plumbing system or a modification carried out for an aesthetic purpose or for maintenance or repair — to any amenity or equipment that is used in a pre-existing train, the carrier must ensure that the modified amenity or equipment meets the requirements of this Division, except in the following circumstances:

  • (a) the dimensions of the train or of the amenity or equipment are unalterable;

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

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

• Marginal note:Definition of pre-existing train

  (4) In this section, a pre-existing train means a train that was

  • (a) purchased or leased by the carrier before the day on which this section comes into force; or

  • (b) purchased or leased by the carrier on or after the day on which this section comes into force, if the carrier submitted the call for tenders in respect of that train before that day.

Marginal note:Non-application — temporary leases

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

Technical Requirements

Marginal note:Duty of carrier

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

Marginal note:Step box

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

• (a) be of sound construction;

• (b) have a tread surface that is firm and slip-resistant;

• (c) have a glare-free surface; and

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

Marginal note:Mandatory step box

91 A rail car must be equipped with a step box if the riser height of the first or last step of any stairs that are used by passengers to board or disembark is greater than the riser height of the other steps.

Marginal note:Lift

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

• (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and

• (b) be capable of supporting a minimum weight of 363 kg.

Marginal note:Ramp

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

• (a) have a contrasting colour strip that runs the full width of its bottom edge;

• (b) have raised edges to prevent a mobility aid from rolling off the edge of the ramp;

• (c) have a slip-resistant surface; and

• (d) be capable of supporting a minimum weight of 363 kg.

Marginal note:No level boarding

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

Marginal note:Other stops

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

Marginal note:Stairs

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

• (a) meet the requirements set out in clauses 5.4.1 and 5.4.2 of CSA B651-18;

• (b) have handrails that

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

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

  • (iii) meet the requirements set out in clause 5.3.1 of CSA B651-18; and

• (c) have tactile attention indicator surfaces that

  • (i) meet the meet the requirements set out in clauses 4.3.5.2(a) and (b), 4.3.5.3.1 and 4.3.5.3.4 of CSA B651-18,

  • (ii) are located at the top of the stairs, and

  • (iii) commence one tread length before the top of the stairs, extend the full width of the stairs and measure from 600 mm to 650 mm in length.

Marginal note:On-board wheelchair

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

• (a) footrests, movable armrests, an occupant restraint device and wheel locks;

• (b) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a passenger seat; and

• (c) a seat of a width that permits the wheelchair to be safely and easily manoeuvred on board the train.

Marginal note:Mandatory on-board wheelchairs

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

Marginal note:Accessible path of travel

• 99 (1) A path of travel on a train is accessible to persons with disabilities if it meets the requirements set out in subsections (2) and (3) and in clauses 4.4.2, 5.1.1(a) to (d) and 5.1.2 of CSA B651-18.

• Marginal note:Hall, path or turning space

  (2) If access to the path of travel from an exterior door requires passage through a hall or path or requires a 90-degree or similar turn, then that hall, path or turning space must have a minimum clear width of 1,115 mm and a minimum clear diameter of 1,500 mm.

• Marginal note:Aisle width

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

Marginal note:Mandatory accessible path of travel

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

  • (a) any exterior door that is used by passengers to board or disembark;

  • (b) any mobility aid space or transfer seat; and

  • (c) any wheelchair-accessible washroom.

• Marginal note:Wheelchair-accessible area

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

• Marginal note:Shower facility and cabin

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

Marginal note:Train — diaphragm

• 101 (1) A diaphragm on a train must

  • (a) meet the requirements set out in clauses 5.1.1(a) to (d) of CSA B651-18; and

  • (b) have vertical handholds that are located on both sides of the diaphragm.

• Marginal note:Definition of diaphragm

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

Marginal note:Passenger seats

102 Passenger seats on a train must be equipped with

• (a) movable armrests on at least 10% of the seats, which seats are evenly distributed throughout each rail car, except a food service rail car;

• (b) handholds on the back of all aisle passenger seats; and

• (c) if there are call buttons, call buttons that are

  • (i) tactilely discernible and colour-contrasted with their background, and

  • (ii) operable using minimal force.