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

Refusal of Transportation

Marginal note:Prohibition

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

• Marginal note:Explanation of refusal

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

  • (a) the evidence of undue hardship, such as an engineering report, a medical report or an expert opinion that demonstrates that the risk is significant enough that it would be unreasonable to waive or modify a requirement;

  • (b) any relevant rule, policy or procedure or regulation; and

  • (c) the duration of the refusal and the conditions, if any, under which the carrier would accept the person for transport.

Damaged, Destroyed or Lost Mobility Aids

Marginal note:Duty of carrier

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

• (a) provide them with a temporary replacement mobility aid that meets their needs in relation to their mobility and that they are permitted to use until their mobility aid is returned to them or is repaired or replaced or until they are reimbursed by the carrier for the loss of the mobility aid;

• (b) reimburse the person for any expenses they have incurred because the mobility aid was damaged, destroyed or lost or because it was not made available to them at the time of their arrival at their destination;

• (c) in the case of a damaged mobility aid, arrange for the repair of the mobility aid and return it to the person without delay or, in the case of a damaged mobility aid that cannot be adequately repaired,

  • (i) replace the damaged mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the damaged mobility aid and that meets the person’s needs in relation to their mobility, or

  • (ii) reimburse the person for the full replacement cost of the mobility aid; and

• (d) in the case of a destroyed mobility aid or a mobility aid that is not made available to the person at the time of their arrival at their destination and that is not returned to them within, in the case of an air carrier, 96 hours after that arrival or, in the case of a train, marine or bus carrier, 72 hours after that arrival,

  • (i) replace the destroyed or lost mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the destroyed or lost mobility aid and that meets the person’s needs in relation to their mobility, or

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

Marginal note:Air transportation — special declaration of interest

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

• Marginal note:Period for making special declaration

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

• Marginal note:Notice on website

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

• Marginal note:Definition

  (4) The following definitions apply in this section.

  Montreal Convention

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

  Warsaw Convention

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

PART 3Technical Requirements Applicable to Carriers

DIVISION 1Air Carriers

Application

Marginal note:Definitions

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

  Canadian

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

  domestic service

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

  international service

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

  large air carrier

  large air carrier means an air carrier that transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years. (gros transporteur aérien)

• Marginal note:Canadian large air carriers

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

Marginal note:Non-application — certain aircraft

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

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

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

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

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

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

Marginal note:Pre-existing aircraft

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

• Marginal note:Clarification — portable equipment

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

• Marginal note:Modifications

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

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

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

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

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

• Marginal note:Definition of pre-existing aircraft

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

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

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

Marginal note:Unavailability of compliant amenity or equipment

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

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

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

Technical Requirements

Marginal note:Duty of carrier

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

Marginal note:Lift

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

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

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

Marginal note:Ramp

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

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

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

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

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

Marginal note:Stairs

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

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

  • (b) have handrails that

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

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

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

  • (c) have tactile attention indicator surfaces that

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

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

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

• Marginal note:Delayed application — portable stairs

  (2) For a period of two years beginning on the day on which this section comes into force, subsection (1) does not apply in respect of stairs that are portable and not integrated with the aircraft.

Marginal note:On-board wheelchair

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

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

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

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

Marginal note:Mandatory on-board wheelchair

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

Marginal note:Passenger seats

74 Passenger seats on an aircraft must be equipped with

• (a) movable armrests on at least 50% of the seats, which seats are evenly distributed throughout the aircraft; and

• (b) a call button that is

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

  • (ii) operable using minimal force.

Marginal note:Tactile row markers

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

Marginal note:Passenger safety features cards

76 An aircraft must have available on board

• (a) at least five passenger safety features cards that are in large print and at least five passenger safety features cards that are in Braille; or

• (b) at least one electronic device that provides passenger safety information in an audio and visual format and permits a person with a disability to adjust the volume of the audio output and the size of the font.

Marginal note:Standard washroom

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

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

• (b) toilets that

  • (i) are equipped with an automated flush control or a flush control that is operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist, and

  • (ii) have a back support if the toilet has no seat lid;

• (c) faucets that are equipped with

  • (i) handles or other controls that are tactilely discernible unless the water temperature is fixed to eliminate the risk of scalding,

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

  • (iii) in the case of automated faucets, a water activation motion sensor that turns the water on automatically when a hand is below the faucet;

• (d) grab bars that

  • (i) are located on a wall beside the toilet,

  • (ii) are rounded, slip-resistant and free of any sharp or abrasive elements,

  • (iii) have an exterior diameter and a clearance from the wall surface to which they are attached that permit them to be easily grasped, and

  • (iv) are capable of supporting a minimum weight of 113.4 kg;

• (e) toilet paper dispensers that are located so as to not interfere with the use of the grab bars;

• (f) soap dispensers that are operable using minimal force, with one hand in a closed-fist position, or by another method of operation that does not require tight grasping, pinching or twisting of the wrist; and

• (g) at least one call button or other device for signalling an emergency that

  • (i) is colour-contrasted with its background and identified by tactile and Braille signage, and

  • (ii) is operable using minimal force.