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

Marginal note:On-board entertainment system

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

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

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

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

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

Marginal note:Pre-existing ferry

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

• Marginal note:Personal electronic device

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

Marginal note:Standard cabin

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

  • (a) operating controls that meet the requirements set out in clause 4.2 of CSA B651-18, except clause 4.2.2;

  • (b) doors that meet the requirements set out in clause 5.2 of CSA B651-18, except clauses 5.2.1, 5.2.2 and 5.2.9.2 and except that the reference to “clause 4.2” in clause 5.2.7.1(a) must be read as excluding clause 4.2.2; and

  • (c) at least two call buttons or two other devices for signalling an emergency that

    • (i) are located such that at least one button or device is not more than 450 mm above the floor and at least one other button or device is 800 mm to 1,100 mm above the floor,

    • (ii) are colour-contrasted with their background and identified by tactile and Braille signage, and

    • (iii) are operable using minimal force.

• Marginal note:Protruding object

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

Marginal note:Wheelchair-accessible cabin

166 A wheelchair-accessible cabin on a ferry must

• (a) have a clear floor area that meets the requirements set out in clause 4.1(b) of CSA B651-18;

• (b) be equipped with operating controls that meet the standards set out in clause 4.2 of CSA B651-18;

• (c) meet the requirements set out in clause 4.4.2 of CSA B651-18;

• (d) be equipped with an entry door that is identified by the International Symbol of Access and meets the requirements set out in clause 5.2 of CSA B651-18;

• (e) be equipped with at least two call buttons or two other devices for signalling an emergency that meet the requirements of paragraph 165(1)(c); and

• (f) be adjacent to a wheelchair-accessible washroom or be near a wheelchair-accessible washroom on the same deck.

Marginal note:Mandatory wheelchair-accessible cabin

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

Marginal note:Standard shower facility

168 A shower facility on a ferry, other than a wheelchair-accessible shower facility, must meet the requirements set out in clause 6.5 of CSA B651-18, except clauses 6.5.5.1, 6.5.5.2 and 6.5.5.3(c)(i) and except that the reference to “clause 4.2” in clause 6.2.3.3(a) must be read as excluding clause 4.2.2.

Marginal note:Wheelchair-accessible shower facility

169 A wheelchair-accessible shower facility on a ferry must

• (a) meet the requirements set out in clause 6.5 of CSA B651-18 except clauses 6.5.5.1 and 6.5.5.2;

• (b) have an interior clear area of at least 900 mm by 1,500 mm;

• (c) have a clear floor area in front of the shower entrance of at least 900 mm by 1,500 mm, with the 1,500 mm dimension parallel to the shower entrance; and

• (d) be located on the same deck as a wheelchair-accessible cabin.

Marginal note:Mandatory wheelchair-accessible shower facility

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

Marginal note:Interior door and doorway

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

• Marginal note:Requirements

  (2) An interior door must

  • (a) in the case of an automatic or semi-automatic door, incorporate devices that prevent the door from closing while a person is in the doorway and that open and close the door automatically on detecting the movement of a person toward or away from the door;

  • (b) be marked with visual indicators if 75% of the door’s surface is composed of a transparent material;

  • (c) in the case of a door to an enclosed space in an area that has no other exit doors, have a safety mechanism that is not a deadbolt and is capable of being manipulated from the outside; and

  • (d) in the case of a door that is intended for use by a person using a mobility aid, meet the requirements set out in clauses 4.2.2 and 5.2.2 of CSA B651-18.

Marginal note:Exterior door

172 An exterior door on a ferry must

• (a) meet the requirements set out in clause 5.2.1 of CSA B651-18;

• (b) have a handrail

  • (i) on each side of the door, fitted internally as close as is feasible to the outer wall of the ferry, or

  • (ii) on only one side of

    • (A) a doorway that is fitted with a device for boarding or disembarking, such as a lift, or

    • (B) a trap door to which stairs are attached; and

• (c) if the door is intended to be used by a person using a mobility aid, meet the requirements set out in clauses 5.2.2(a) and (b) of CSA B651-18.

Marginal note:Handrails

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

Marginal note:Floors

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

Marginal note:Tactile attention indicator surfaces

175 Tactile attention indicator surfaces on a ferry must

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

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

Marginal note:Operating controls

176 Operating controls on a ferry must

• (a) meet the requirements set out in clauses 4.2.1, 4.2.3 to 4.2.6 and 4.2.8 of CSA B651-18; and

• (b) if they are intended to be used by a person using a wheelchair, meet the requirements set out in clause 4.2.2 of CSA B651-18.

Marginal note:Signage

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

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

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

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

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

• 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:Designated relief areas

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

  • (a) identified by tactile and Braille signage; and

  • (b) cleaned and maintained on a regular basis.

• Marginal note:Signage

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

Marginal note:Elevator

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

• (a) provides service from a vehicle deck to all passenger decks, except to a deck that does not have a housing to protect the elevator from the weather; and

• (b) meets the requirements set out in clause 5.6.1 of CSA B651-18.

Marginal note:Non-operational elevator

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

Marginal note:Alarm system

181 If a ferry is equipped with an alarm system, including in a cabin, the alarm system must provide both a visual alarm and an audible alarm. A visual alarm must meet the requirements set out in clause 5.7.1 of CSA B651-18.

Marginal note:Maintenance

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

• 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 4Bus Carriers

Application

Marginal note:Bus carriers

183 Unless otherwise specified, this Division applies to every bus carrier that provides a service for the transportation of passengers between two or more provinces and from a point of origin in Canada to a point of destination in a foreign country.

Marginal note:Non-application — certain buses

184 This Division does not apply to a bus carrier in respect of any of the following buses:

• (a) any bus that has a maximum carrying capacity of not more than 39 passengers;

• (b) any bus while it is being used in a charter service.

Marginal note:Pre-existing buses

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

• Marginal note:Clarification — portable equipment

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

• 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 bus, the carrier must ensure that the modified amenity or equipment meets the requirements of this Division, except in the following circumstances:

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

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

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

• Marginal note:Definition of pre-existing bus

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

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

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

Marginal note:Non-application — temporary leases

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

Technical Requirements

Marginal note:Duty of carrier

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

Marginal note:Lift

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

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

• (b) be capable of supporting a minimum weight of 272 kg.

Marginal note:Ramp or bridge plate

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

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

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

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

• (d) be capable of supporting a minimum weight of 272 kg.