Canada Gazette, Part I, Volume 153, Number 10: Accessible Transportation for Persons with Disabilities Regulations

March 9, 2019

Statutory authority
Canada Transportation Act

Sponsoring agency
Canadian Transportation Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Persons with disabilities face barriers that affect their ability to fully participate in activities of everyday living, including travel. The accessibility of travel in Canada varies across the transportation system, creating uncertainty for persons with disabilities and an uneven regulatory playing field for industry. Canada lags behind other countries that have comprehensive and enforceable regulations in this area. In addition, there are emerging areas where “ground rules” are needed to ensure the full accessibility of persons with disabilities when they are travelling, including those with severe food allergies and those needing additional seating on board for reasons such as a personal attendant or service dog — the “one person, one fare” (1p1f) concept.

Description: The Canadian Transportation Agency (CTA) proposes to create a single comprehensive set of accessible transportation regulations, the Accessible Transportation for Persons with Disabilities Regulations (ATPDR or the proposed Regulations), pursuant to subsection 170(1) of the Canada Transportation Act (the Act).

The proposed Regulations would apply to large carriers, as defined, that provide transportation services in the air, rail, marine and intercity bus modes, as well as the terminals that serve them; they would also apply to the Canadian Air Transport Security Authority (CATSA) and the Canada Border Services Agency (CBSA). The proposed Regulations would require these entities (collectively referred to herein as “transportation service providers”) to take steps to meet certain standards to make travel more accessible and consistent for persons with disabilities.

Specifically, the proposed Regulations would codify relevant provisions of the CTA’s six voluntary codes of practice; build on relevant provisions of Part VII of the existing Air Transportation Regulations (ATR) and the Personnel Training for the Assistance of Persons with Disabilities Regulations (PTR); include new requirements concerning accessible services, transportation equipment and technology, and communications in respect of operations by carriers and terminals in all modes of transportation, as well as operations by the CATSA and the CBSA; and ensure requirements are enforceable through administrative monetary penalties (AMPS).

Rationale: Subsection 170(1) of the Act allows the CTA to make regulations for the purpose of eliminating undue obstacles in the transportation system under the legislative authority of Parliament to the mobility of persons with disabilities. However, current accessibility provisions for the national transportation system are generally voluntary (i.e. not legally binding), and have not kept pace with developments since the early 2000s. For example, accessible technology and equipment have changed; modern accessibility expectations for security and border screening, including accessible communications, have evolved; and issues such as severe food allergies have emerged. Codifying voluntary provisions into binding and enforceable regulations — and further refining these provisions to reflect key developments and modern expectations for accessible transportation — will support the CTA’s mandate to ensure the human right of persons with disabilities to an accessible transportation system. More broadly, the proposed Regulations are complementary to measures set out in Bill C-81, the Accessible Canada Act, and would thereby help achieve the Government’s commitment of a “truly inclusive and accessible Canada,” and advance the objective of positioning Canada as a world leader in accessible transportation. The proposed Regulations would also help fulfill the Government of Canada’s priority, as stated by the Prime Minister on December 3, 2018 (the International Day of Persons with Disabilities), “to promote the rights of Canadians with disabilities and build a fairer, more accessible country for all.” Finally, by establishing, for the first time, a binding and enforceable set of accessibility requirements across all modes of transportation, the proposed Regulations would help meet Canada’s commitments as a State Party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

Background

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

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

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

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

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

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

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

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

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

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

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

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

Issues

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

Objectives

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

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

Description

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

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

1. Application, definitions and interpretation

Application

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

Carriers

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

In regard to the air mode, service provisions would apply to both domestic and international large air carriers. Large air carriers are those that have transported at least one million passengers in each of the two preceding calendar years, or are air carriers that are under a commercial agreement with a large air carrier and are operating a flight or carrying passengers on behalf of that carrier. Large air carriers fly more than 9 out of 10 Canadian passengers. Large air carriers include Air Canada, West Jet, United Air, British Airways and Air France. Technical provisions (including aircraft specifications) would apply to aircraft with 30 or more passenger seats operated by large air carriers that are Canadian.

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

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

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

Terminals

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

The CBSA and the CATSA

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

Training and communications

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

2. Service requirements for the accessibility of transportation

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

One person, one fare

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

Service dogs

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

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

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

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

Allergies

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

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

3. Technical requirements for facilities and equipment

CAN/CSA-B651-12 (R-2017) — Accessible Design for the Built Environment

The ATPDR articulate technical specifications regarding the accessibility of transportation equipment. In line with the existing codes of practice, the regulatory technical provisions would require carriers in all modes of transportation to follow applicable provisions in the Canadian Standards Association (CSA) specifications for accessible design contained in CAN/CSA-B651-12 (R-2017) — Accessible Design for the Built Environment (B651), in addition to new technical provisions not captured in B651, such as space for mobility aids. These standards will be incorporated by reference in a non-static form to include any future changes to the B651 standard without a need to remake the Regulations. As the specifications set out in B651 addressing elements such as requirements for accessible washrooms and kiosks, elevators, lifts and ramps are updated, the applicable provisions in the proposed Regulations will reflect the most up-to-date B651 specifications. In the case of this type of incorporation by reference, the regulations incorporating the document would refer to a document “as amended from time to time.”

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

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

With some exceptions (e.g. the requirement for lifts and ramps and accessible kiosks), the technical provisions would be forward facing: they would apply to modifications made to existing equipment or facilities and to future procurements. There would be no requirement to retrofit existing equipment and facilities, or to alter already-signed procurement agreements.

Additional technical requirements for air carriers

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

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

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

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

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

Additional technical requirements for rail, ferry and bus carriers

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

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

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

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

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

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

4. Terminals

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

With regard to technical specifications, the proposed Regulations would require terminals to meet the standards set out in B651. In addition, terminals would also have to provide relieving areas for service dogs, and where a terminal has a secure area, relieving areas must be located both outside the terminal, and on the secure side of the terminal. Many terminals (all modes of transportation) already have relieving areas (set out in the Passenger Terminal Accessibility: Code of Practice); however, the requirement for one to be available on the secure side of a terminal is new.

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

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

The proposed Regulations would require the CATSA to implement certain accessibility measures for people going through airport security. These would include providing assistance to persons with disabilities, when requested, and screening a person with a disability and their disability aid at the same time, or promptly returning the disability aid if it requires separate screening; providing instructions in writing or, if possible, by using American Sign Language or langue des signes québécoise, where requested; and ensuring the accessibility of CATSAcontrolled signage. Where a person has difficulty waiting in a queue, the CATSA would also be required to direct the person, and any support person travelling with them, to an alternate queue designed to expedite the process, or provide a chair during the screening process.

The proposed Regulations would require the CBSA to implement certain accessibility measures for people entering Canada by means of the national transportation system. These would include providing assistance to persons with disabilities when requested; providing assistance in completing a declaration card or providing a verbal declaration; providing instructions in writing, or if possible, by using American Sign Language or langue des signes québécoise; and ensuring the accessibility of CBSA-controlled signage. Where a person has difficulty waiting in a queue, the CBSA, like the CATSA, would also be required to direct the person, and any support person travelling with them, to an alternate queue designed to expedite the process.

6. Training

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

7. Communication

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

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

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

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

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

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

8. Administrative monetary penalties

The proposed Regulations would establish that noncompliance with the provisions is subject to an administrative monetary penalty (AMP) of up to $5,000 for an individual, and $25,000 in the case of a corporation, per violation. Under the Act, the CTA is responsible for ensuring compliance with the requirements.

Regulatory and non-regulatory options considered

Status quo

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

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

Non-regulatory modernization

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

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

Proposed regulatory approach

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

Benefits and costs

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

Affected stakeholder

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

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

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

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

Baseline scenario

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

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

Methodology, data sources and assumption

Study period

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

Number of passengers by transportation mode

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

Total passengers for the air industry are sourced from Statistics Canada. footnote 2 Total passengers for the domestic and international sectors were multiplied by the domestic and international market shares of Canadian carriers that are scoped into the ATPDR to generate the total number of air passengers travelling with Canadian carriers. Air passenger data, originally from 2017, is adjusted for growth and expressed in 2020 terms.

Total passengers for the rail industry are sourced from corporate reports published online. Passenger data for VIA Rail is sourced from annual reports posted on its corporate website. footnote 3 Total passengers for Amtrak are sourced from the Rail Passengers Association. footnote 4 Passenger totals for Amtrak are specific to its Canadian operations. Total rail passenger data, originally from 2017, is adjusted for growth and expressed in 2020 terms.

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

Total passengers for the ferry industry are sourced from figures published on corporate websites footnote 5, footnote 6, footnote 7 and staff estimates. The total number of passengers for those companies that do not publish ridership figures were generated using the number of passengers per vessel ton of companies that do. Estimates were generated based on vessels that compared in size and geographic location within Canada. Total ferry passenger figures were adjusted for growth and are expressed in 2020 terms.

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

Mode

Total Passengers

Air

84 211 578

Rail

5 085 186

Ferry

1 177 603

Bus

4 178 950

Total

94 653 318

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

Via Rail annual reports
Amtrak fact sheet: Acela service
Marine Atlantic Annual Report, 2017-2018
Owen Sound Transportation Company Annual Report 2016/17
CMTA Ferry

Proportion of travellers with disabilities

The total number of passengers with disabilities by mode of transportation is estimated by applying the proportion of persons with disabilities to the number of total passengers. The proportion of passengers with disabilities used in this study is derived from the Canadian Survey on Disability, 2017 from Statistics Canada. It states that 22% of Canadians over the age of 15 reported having some type of disability.footnote 8 However, there is reason to believe that the proportion of Canadians living with a disability is not the same as the proportion of Canadian travellers that will benefit from the proposed Regulations. Some persons with disabilities will not benefit from the proposed Regulations because they do not travel, because their disability does not affect their ability to travel, or because the proposed Regulations would not address an obstacle to mobility affecting a person’s ability to travel.

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

A Statistics Canada publication from 2012footnote 9 reported that 20% of respondents to the Canadian Survey on Disability, 2012 reported using public or specialized transit regularly. As well, 26% of persons with disabilities reported experiencing difficulty using public or specialized transit. However, this is likely to pull down the estimated proportion of the travelling public with disabilities that would benefit from the proposed Regulations, as many people who do not use public transit to commute regularly still use public transportation to travel long distances.

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

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

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

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

Mode

Total Passengers with Disabilities

Air

9 392 058

Rail

567 147

Ferry

131 337

Bus

460 729

Total

10 551 271

Passenger growth rates

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

The growth rate of 3.08% for the rail industry is the compound annual growth rate (CAGR) for VIA Rail total passenger figures, footnote 10 measured over the time period from 2013 to 2017.

The growth rate of 1.16% for the bus industry is the CAGR of motor coaches in Canada, measured over the time period from 2005 to 2016. Figures for the number of motor coaches in Canada were sourced from Statistics Canada. footnote 11

The growth rate of 1.66% for the ferry industry is the CAGR for total ferry passengers for the members of the Canadian Ferry Operators Association (CFOA) in Canada, measured over the time period from 2010 to 2014. Figures for the number of ferry passengers in Canada were sourced from the CFOA. footnote 12

Carrier market shares

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

Valuation of passengers’ travel time

In this analysis, the value of time refers to the dollar amount associated with the opportunity cost of the time spent travelling by air. The value of time depends on the passenger’s travel purposes, which are broadly categorized as either for “non-business” or “business” purposes. Non-business purposes account for leisure and other personal motives for travelling. Typically, business travellers’ value of time is based on their hourly wage (the median wage is used in this study), whereas non-business travellers’ value of time is based on their revealed and stated preferences. footnote 13 However, for a matter of simplicity, the methodology prescribed by the “Revised Departmental Guidance on Valuation of Travel Time in Economic Analysis” of the United States Department of Transportation is used to determine the value of time of a Canadian passenger. Based on this methodology, the value of one hour of air travel of a Canadian passenger is estimated at $18.49 in 2017 Can$ ($17.25 in 2012 Can$).

Proportion of passengers considered to be Canadian

Based on Statistics Canada data,footnote 14 the percentage of Canadian residents travelling on international flights is 64.91%. There are currently no data on passenger nationality for domestic flights; therefore, the percentage of passengers considered to be Canadian residents on domestic flights is assumed to be 82.5%. This is the mid-point between the percentage of Canadians travelling on international flights and 100%.

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

Benefits

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

Reduced anxiety

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

Similar to the methodology employed by the United States Department of Transportation’s cost and benefit analysis on the “Final Rule on Enhancing Airline Passenger Protections,” the estimates of decreased anxiety to passengers are based on a “premium” applied to the value of a passengers’ time. footnote 15 The United States Department of Transportation found that the monetary value of a reduction in anxiety for airline passengers could be estimated by applying a premium of 0.01 to the value of time. However, this premium, which is designed to monetize reduced anxiety to the typical airline passenger, was increased to capture the higher levels of anxiety experienced by persons with disabilities.

Persons with disabilities are at a higher risk footnote 16 of anxiety and discomfort compared to the general population. footnote 17 According to a survey by the Mental Health Foundation, footnote 18 “Living with Anxiety” in the United Kingdom in 2014, individuals with physical disability experience higher levels of anxiety, up to three times compared to individuals with no disability. Similarly, the National Health Survey “Mental Health and co-existing physical health conditions,” Australian Bureau of Statistics, footnote 19 2014–2015, found that people with at least two mental or behavioural conditions reported anxiety up to five times more than those with no disability. The mid-point between these two estimates is considered to capture the difference between how anxious a person with disability feels compared to individuals without any form of disability when travelling.

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

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

Decreased anxiety resulting from the knowledge of the ATPDR would result in a total present value benefit of $533 million, with an annualized benefit of $88 million.

Reduced stigmatic harm

Interaction with barriers to access in the national transportation system can result in frustration, loss of dignity, or embarrassment for persons with disabilities. The availability of accessible measures from curbside, through check-in, and all the way through the completion of the travel process, reduces the need for assistance and minimizes feelings of frustration for persons with disabilities. It has been estimated that the premium for avoiding stigmatic harm is approximately 25% of the base value of time. footnote 20 Although not monetized for the purposes of this cost-benefit analysis, in creating a universal travel process that is accessible for persons with disabilities, passengers benefit from the avoidance of embarrassment, loss of dignity, or frustration that may come from having to ask for assistance or struggle with portions of their travel itinerary.

Wider access to desired destinations

The adoption of universal accessibility measures across all modes of transportation within Canada creates a predictable, standard travel environment that encourages maximum participation by all. As a result of this, persons with disabilities have increased confidence in their ability to travel barrier free throughout the country and abroad. Increased ability to travel and fully utilize the transportation system within Canada can result in increases in health and wellness, education, employment, and income for persons with disabilities, footnote 21 which would result in a better quality of life. Canadian transportation service providers would also benefit from the revenues associated with engaging a new, previously uncaptured, segment of the population.

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

Increased employment opportunity

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

Greater independence for persons with disabilities

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

Time savings

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

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

Increased safety

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

Costs: Services for the accessibility of transportation

One person, one fare

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

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

There are two types of costs related to 1p1f: the opportunity cost of losing the possible revenues of the additional seat provided to a person with a disability, determined as the average revenue per seat, times the proportion of passengers requiring an extra seat and the proportion of flights that are effectively sold out; and the administrative cost associated with processing the request of an additional seat. It is assumed that on average it takes half an hour per request and that the wage of such an employee would be $28.95 per hour footnote 22 (2017 Can$).

The present value of incremental costs to industry related to 1p1f is $122,023 to air carriers and $1,674 to ferry carriers.

Curbside assistance

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

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

The number of passengers who need curbside assistance throughout the air terminals considered under the ATPDR per year is multiplied by one hour — the assumed time required for an employee to assist a person — and by the assumed wage of this employee ($15.30 in 2017 Can$). footnote 23 The number of requests for curbside assistance is partly based on the ratio of requests to the number of passengers with a disability (0.0118%), which was developed based on information from the CBA survey to industry. The number of passengers per airport footnote 24 is sourced from Statistics Canada, and the percentage of passengers with a disability is 11.15%.

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

Revision of internal policies on accessible services

Transportation service providers would carry costs associated with updating company policies and procedure manuals to ensure compliance with the proposed service aspects of the proposed Regulations. Carriers will need to revise their policies related to 1p1f, the clearance for travel assessment process, enquiring into the needs of a person with disability, carriage of disability aids, pre-boarding, and reservations, the carriage of persons with allergy-related disabilities, and the retention of medical documents and other information.footnote 25

It is assumed that each regulatory provision on services would involve on average 160 hours of work of business development officers or consultants for developing the revised internal policy on accessible services. It is assumed that this category of employee costs $40.30 (2017 Can$) per hour.footnote 26

For the provision on the retention of medical documents and other information, it is assumed that an additional 320 hours of work of information technology (IT) specialists would be needed at a rate of $34.78 an hour (2017 Can$).footnote 27 IT specialists would develop a database for storing medical records for a period of at least three years, as required by the proposed Regulations. All these costs are assumed to be one-time implementation costs occurring in 2020.

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

Technical standards for facilities and equipment

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

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

Boarding aids

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

It is assumed that ferry passenger carriers and ferry terminals and ports already meet the requirements of the proposed Regulations. Bus carriers would be expected to carry costs to purchase step boxes in situations where no level boarding, lift or ramp is available. This cost is estimated by multiplying the number of buses by the cost of a step box.

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

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

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

Seat accessibility

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

Terminal wheelchairs

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

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

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

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

The requirement for terminals to ensure a sufficient number of wheelchairs would result in a present value cost to air terminals of $280,390, a present value cost to rail terminals of $46,565, a present value cost to bus terminals of $9,313 and a present value cost to ferry terminals of $46,565.

Entertainment systems

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

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

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

Mobility aid spaces

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

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

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

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

Announcements

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

Service dog relief area

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

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

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

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

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

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

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

The present value costs of designating, building and/or installing and maintaining service dog relief areas is $14,214,874 to air terminal operators, $517,393 to rail terminal operators, $8,696 to bus terminal operators, $13,439 to ferry terminal operators, $11,647 to port terminal operators and $32,731 to ferry operators.

Terminal standards

One year following the coming into force of the proposed Regulations, a terminal operator would be required to ensure its buildings meet the standards set out in CAN/CSA-B651-12 (R2017). It is assumed that rail, bus, ferry and port terminals comply with the proposed Regulations. Based on feedback from air terminal operators, minor modifications to signage would be required to ensure compliance.

A unit cost for upgrades was determined by dividing the cost estimated by sample airports by the total passenger traffic in the sample airports. This results in a per- passenger unit cost for upgrades. The unit cost was multiplied by the total number of passengers to arrive at a total cost to industry. The cost is expected to be carried in the first year following the coming into force of the proposed Regulations. In order to meet the standards set out in CAN/CSA-B651-12 (R2017), airports would carry a present value cost of $87,640.

Accessible sleeping cabin

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

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

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

Security screening and border clearance

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

The CATSA and the CBSA would only be required to make minor changes to services, and these changes would not be expected to result in increased costs to either entity. However, an upfront investment would likely be required to ensure compliance with service and electronic signage requirements. It is assumed that updating internal procedures and ensuring electronic signage meets the standards set out in the proposed Regulations would require 160 hours of work for an IT technician and 160 hours of work from a business development officer for each entity. Hourly wages, based on industry averages from Statistics Canada, footnote 28 are $34.78 (2017 Can$) and $40.30 (2017 Can$), respectively.

The present value cost to ensuring compliance with the service, signage and communication requirements is $14,966 for both the CATSA and the CBSA.

Communication

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

Public information

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

It is assumed that these updates would take approximately 640 hours of work for an IT technician and 320 hours of work from a business development officer. Hourly wages, based on industry averages from Statistics Canada, are $34.78 and $40.30, respectively. footnote 29

Automated self-serve kiosks

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

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

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

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

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

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

Telecommunications

All stakeholders are expected to bear some costs to ensure that telecommunication systems provide a link to an operator or the ability to leave a message. Ensuring compliance with this provision is expected to require 160 hours from a business development officer and an additional 160 hours from an IT professional. As well, bus operators are expected to assume costs to ensure comparable communication services are offered and to provide information on how to access alternative forms of communication. These provisions are expected to require an additional 160 hours from a business development officer and 160 hours from an IT professional.

Public announcements

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

Websites and applications

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

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

Communication costs

The present value cost for ensuring compliance with communications related provisions is $0.7M for air carriers, $9.8M for air terminals, $0.2M for ferry carriers, $0.4M for ferry terminals, $0.4M for port terminals, $0.2M for bus carriers, $0.7M for bus terminals, $0.6M for rail carriers, $1.4M for rail terminals, $0.01M for the CATSA and $0.03M for the CBSA.

Training

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

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

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

Transportation service providers would also be required to consult with persons with disabilities on their training plans. This requirement is assumed to require 160 hours from a business development officer to provide support to the consultant. It is assumed that it will take persons with disabilities 160 hours to review a transportation service provider’s training plan. Persons with disabilities are assumed to be paid consultants’ wages, obtained from Statistics Canada. footnote 30

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

Finally, the full cost of training is estimated by using Statistics Canada industry employee numbers and the average industry wage as provided by Statistics Canada. footnote 31 Information for CBSA employees and wages are pulled from their departmental reports and collective agreements posted on the Treasury Board Secretariat’s website. The CATSA is assumed to have a similar number of employees and a similar wage rate. In the year following the year in which the proposed Regulations come into force, it is assumed employees will be required to complete three hours of training. This represents an additional hour over the baseline scenario. The additional hour would be required to familiarize employees with their responsibilities under the ATPDR. The number of employees is scaled back by 10% to accommodate for those who do not require training, as they do not directly provide service to the public or participate in making decisions related to the proposed Regulations. The number of employees requiring training is then multiplied by the average industry wage to obtain the total annual training cost.

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

Administrative costs to industry

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

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

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

Costs

It is assumed that affected stakeholders would not carry any of the costs related to both of these provisions in the baseline scenario. In the case of the retention of medical records, it is assumed that each carrier would implement their modification to their IT system in 2020. Costs related to this implementation include 320 hours for IT specialists at $34.78/h (2017 $Can) footnote 32 to create the function, and 160 hours for decision makers to manage the implementation at $40.30/h (2017 $Can). footnote 33 The cost of maintaining a training program on file is assumed to require 160 hours of middle managers’ time at $40.30/h (2017 $Can). footnote 34 It should be noted that this cost is specific to maintaining a description of a training program on file, and does not include the cost of creating or implementing the program.

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

Canadian Transportation Agency

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

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

The CTA is also responsible for the monitoring and enforcement of the regulations it administers. The CTA expects an increase in these efforts for the three years immediately following the coming into force of the proposed Regulations. These efforts are expected to return to current levels three years after the coming into force of the proposed Regulations. The CTA performs stakeholder outreach and disseminates guidelines for training, communication and building standards. The CTA will licence the Canadian Standards Association’s (CSA) Accessible Design for the Built Environment (CAN/CSA-B651-04) for the first five years following the coming into force of the proposed Regulations.

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

Summary

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

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

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

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

Consolidated cost-benefit statement

Table 3: Consolidated cost-benefit summary

Base Year

Price Year

Period of Analysis

Discount Rate

2018

2012 Can$

2020–2029

7%


Table 4: A. Monetized impacts $

Cost-Benefit Statement

Annualized Lower Bound

Annualized Upper Bound

Central Analysis — Annualized Value (2020–2029)

Central Analysis —
Total Present Value (2019–2029)

Benefits: Canadians

1.48M

597.12M

87.56M

574.73M

Costs: Air passenger carriers

0.38M

1.18M

0.71M

4.64M

Costs: Airport operators

1.59M

5.77M

3.47M

22.75M

Costs: Rail passenger carriers

0.66M

2.00M

1.33M

8.71M

Costs: Rail terminal operators

0.08M

0.27M

0.03M

0.19M

Costs: Bus passenger carriers

0.06M

0.21M

0.13M

0.83M

Costs: Bus terminal operators

0.04M

0.14M

0.06M

0.38M

Costs: Ferry service providers

0.04M

0.11M

0.07M

0.48M

Costs: Ferry terminal operators

0.03M

0.08M

0.01M

0.04M

Costs: Port operators

0.02M

0.06M

0.04M

0.27M

Costs: Canadian Air Transport Security Authority

0.01M

0.03M

0.02M

0.13M

Costs: Canada Border Services Agency

0.01M

0.03M

0.02M

0.14M

Costs: Administration

0.04M

0.13M

0.09M

0.58M

Costs: Government

0.35M

1.78M

1.07M

7.01M

Total costs

7.03M

46.16M

Net benefits

80.52M

528.57M

B. Qualitative impacts

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

Sensitivity analysis

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

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

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

The table below summarizes the results of the sensitivity analysis.

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

Low ($M)

Central Analysis ($M)

High ($M)

Benefits to Canadian public

1.48

87.56

597.12

Costs to transportation service providers

2.97

5.96

10.02

Costs to Government

0.35

1.07

1.78

Total cost to all stakeholders (including Government)

3.33

7.03

11.80

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

“One-for-One” Rule

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

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

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

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

Small business lens

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

Table 6: Small businesses impacted by the ATPDR

Groups of Stakeholders

Small Businesses Impacted by
the ATPDR

Air carriers

No

Airport operators

Yes

Rail passenger carriers

No

Rail terminal operators

No

Bus passenger carriers

No

Bus terminal operators

No

Ferry service providers

Yes

Ferry terminal operators

Yes

Cruise ship ports

Yes

In determining the size of each business, establishments were classified as small businesses based on the definition of small business found under the Policy on Limiting Regulatory Burden on Business, that is any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenue. Other establishments that do not fall under the above category were considered medium/large businesses. In cases where the number of the employees or annual gross revenues of business were not available, assumptions were made to estimate business size. Annex 1 summarizes the methodology and sources along with assumptions used in determining business size. In total, the ATPDR would impose requirements on 13 small businesses. footnote 35

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

Table 7: Direct compliance costs

Technical Requirements

Service Requirements

General Requirements

Providing wheelchairs

Providing curbside assistance

Ensuring accessible communication

Providing service dog relief area

Revising internal policies on service accessibility

Meeting accessibility training standards

Meeting minimum accessible design standards

Complying with 1P1F requirement

 

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

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

Table 8: Project growth rate by transportation mode

Mode

Growth Rate table 8 note *

Air

3.10%

Rail

3.08%

Ferry

1.66%

Bus

1.16%

Table 8 Note

Note *

Refer to the cost-benefit analysis for sources.

Return to table 1 note * referrer

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

Regulatory flexibility analysis statement

Table 9: Small business lens summary footnote 36

Number of small businesses impacted

13

Number of years

10 years

Base year for costing

2019


Table 10: Small business lens costs
 

Annualized Value ($)

Present Value ($)

Compliance costs

Technical requirements

405,656

2,849,158

Services requirements

4,908

34,471

General requirements

148,413

1,042,391

TOTAL

558,977

3,926,020

Administrative costs

Retention of the electronic medical documents of persons with disabilities

2,504

17,587

Training program

10,499

73,742

TOTAL

13,003

91,329

TOTAL COST (all impacted small businesses)

571,980

4,017,349

Cost per impacted small business

43,998

309,027

Consultation

The CTA’s consultative process for the proposed Regulations on accessibility took place in two phases. The first phase was initiated in May 2016 and closed on September 15, 2017. The second phase started September 14, 2018, and closed on November 30, 2018.

In order to develop regulations that are robust, fair and balanced, the CTA considered feedback from the public and stakeholders. The process included inviting and publishing feedback on a discussion paper focused on key issues related to accessible transportation in the national transportation system; three rounds of in-person consultations with the CTA’s Accessibility Advisory Committee (AAC), which comprises representatives from the community of persons with disabilities, the transportation industry (representing all modes — air, rail, ferry and bus) and other interested parties; and approximately 40 face-to-face consultation sessions, including multiple meetings with disability associations and meetings with the CATSA, the CBSA, the Canadian Airports Council, the Association of Canadian Port Authorities Port Association, and carriers from the air, marine, rail and bus modes. In addition to the extensive feedback obtained through the in-person events, the CTA received over 200 written submissions from stakeholders and private citizens in response to the discussion paper.

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

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

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

Services for the accessibility of transportation

International air services

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

Members of the disability community generally felt that robust, accessible service requirements should apply across both domestic and international travel (including the 1p1f policy, which protects those who need an attendant or service dog, for example). These stakeholders expressed frustration with uneven accessibility services and reported numerous challenges in achieving the right to accessible travel.

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

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

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

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

Service dogs

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

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

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

The proposed Regulations balance stakeholder input. They would recognize the legitimacy of service dogs for a wide range of disabilities and protect persons with disabilities from unwanted or intrusive questioning. At the same time, carriers would be able to seek further information from the passenger where there are reasonable grounds to do so.

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

Allergies

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

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

Accessible facilities and equipment

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

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

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

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

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

Accessible on-board entertainment

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

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

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

Other issues

Passenger terminals

Curbside assistance

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

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

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

Training

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

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

Communication

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

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

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

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

Regulatory cooperation

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

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

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

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

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

Air Provisions in the Regulations

Canada

U.S.

EU

1p1f

Yes

No

No

Advance notice

Yes

Yes

Yes

Clearance for travel

Yes

Yes

Yes

Assistance at airports

Yes

Yes

Yes

Medical records

Yes

Yes

No

Service dogs

Yes

Yes

Yes

Communication in accessible formats

Yes

Yes

Yes

Allergies

Yes

No

No

On-board entertainment

Yes

Yes

No

Training

Yes

Yes

Yes


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

Rail Provisions in the Regulations

Canada

U.S.

EU

1p1f

Yes

No

No

Training requirements

Yes

Yes

Yes

Allergies

Yes

No

No

Lifts or ramps

Yes

Yes

Yes

Washrooms

Yes

Yes

Yes


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

Ferry Provisions in the Regulations

Canada

U.S.

EU

1p1f

Yes

No

No

Accessible reservations

Yes

Yes

Yes

Accessible paths

Yes

Yes

Yes

Allergies

Yes

No

No

Washrooms

Yes

Yes

Yes


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

Bus Provisions in the Regulations

Canada

U.S.

EU

1p1f

Yes

No

No

Allergies

Yes

No

No

Lifts or ramps

Yes

Yes

Yes

Floor surface specifications

Yes

Yes

Yes

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

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

Gender-based analysis plus

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

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

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

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

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

Rationale

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

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

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

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

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

Service requirements for the accessibility of transportation

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

Technical requirements for facilities and equipment

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

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

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

Terminals

The availability of transportation-related services from curbside, through check-in, and all the way through the completion of the travel process, would reduce the need for assistance and minimize feelings of frustration for persons with disabilities.

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

Requirements for the CATSA and the CBSA

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

Training

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

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

Communications

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

Administrative monetary penalties

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

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

Implementation, enforcement and service standards

Implementation

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

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

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

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

Enforcement

Transportation service providers will be required to start complying with most new provisions within one year of the ATPDR coming into force. While first and non-serious violations would usually result in a warning, serious or repeated violations could result in monetary penalties. The penalty amount would depend on the type, severity and frequency of the contravention. The maximum would be $5,000 per violation for an individual and $25,000 for a corporation.

Performance measurement and evaluation

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

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

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

Contact

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

Annex 1 — Determination of business size

Table 15: Determination of business size

Groups of Stakeholders

Methodology

Data Sources and/or Assumptions

Air carriers

Number of full-time employees of each carrier

Employee list source: Annual Civil Aviation Survey, 2016

Air terminals

Number of full-time employees of each carrier or operating business size or industry average

Industry response

Source for employee: Canada’s Airport Occupations

Calculated based on industry average — number of passengers per employee

Annual Report — number of employees

The size of the operating business (employee or revenue). Where the number of employees or operating business size was not available, the industry average based on the number of passengers per employee was used to infer the business size.

Rail carrier

Number of full-time employees of each carrier or operating business size

VIA Rail, Annual Report 2017

Rail terminals

Operating business size

Assumptions: VIA Rail owns the rail terminals

Ferry carriers

Number of full-time employees of each carrier

Calculated based on industry average — number of passengers per employee

Annual Report — number of employees

Based on the size of the operating business (employee or revenue)

Ferry terminals

N/A

Assumptions: ferry carriers own the ferry terminals

Cruise ports

Number of employees of each port calculated based on population of the port area per employee and industry average

Number of employees of each carrier

Based on population per employee or industry average

Assumptions: population from locations of cruise ports area reflects the employee numbers

Intercity buses

Number of full-time employees of each carrier or calculated based on industry average

Individual website

Industry average

Bus terminals

N/A

N/A

PROPOSED REGULATORY TEXT

Notice is given that the Canadian Transportation Agency, pursuant to subsections 170(1) and (2) and 177(1) footnote a of the Canada Transportation Act footnote b and subject to the approval of the Governor in Council, proposes to make the annexed Accessible Transportation for Persons with Disabilities Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Sonia Gangopadhyay, Acting Director, Centre of Expertise for Accessible Transportation, Canadian Transportation Agency, 15 Eddy Street, Gatineau, Quebec, K1A 0N9 (telephone: 819‑953‑8961; email: sonia.gangopadhyay@otc-cta.gc.ca).

Ottawa, February 28, 2019

Jurica Čapkun
Assistant Clerk of the Privy Council

TABLE OF PROVISIONS

Accessible Transportation for Persons with Disabilities Regulations
Interpretation

1 Definitions

2 Interpretation — no effect on existing legal obligations

PART 1

Requirements Applicable to Transportation Service Providers
Application of this Part

3 Carriers, terminal operators, CATSA and CBSA

Communication of Information to Persons with Disabilities

4 General information — alternate formats

5 Information to be published

6 Communication

7 Telephone systems — alternative communication services

8 Internet sites — alternative communication services

9 Internet sites — standards

10 Public announcements inside terminals

11 Automated self-service kiosks

12 Assistance with use of self-service kiosks

13 Accessible self-service kiosks — good working order

Personnel Training for the Assistance of Persons with Disabilities

14 Application

15 Who must receive training

16 Personnel who provide physical assistance

17 Personnel who handle mobility aids

18 Personnel who use or assist with special equipment

19 Initial training — timeline

20 Refresher training — timeline

21 Personnel to be informed of new information

22 Preparation of training programs

PART 2

Requirements Applicable to Carriers — Services

Application of this Part

23 Air, rail, ferry and bus carriers

24 Non-application — certain aircraft

25 Non-application — ferries if no assigned passenger seats

26 Non-application — certain buses

27 No contravention of this Part

No Charge for Services Required by this Part

28 Prohibition

Advance Notice

29 Advance notice — at least 48 hours

Medical Certificates and Other Documentation

30 Information required

Services
Assistance for Persons with Disabilities

31 Conditions for priority boarding

32 Check-in, boarding, disembarking, baggage, etc.

33 Bus transportation — services

34 Persons who are not independently mobile

35 Request for assistance

Transport of Mobility Aids and other Assistive Devices

36 Mobility aid — priority baggage

37 Services — mobility aid

38 On-board storage of certain mobility aids — trains or ferries

39 On-board storage of certain mobility aids – aircraft or buses

40 Refused transport of mobility aid — aircraft

41 Refused transport of mobility aid — trains

42 Refused transport of mobility aid — ferries

43 Refused transport of mobility aid — buses

44 Notice of refusal and alternative trip

45 Small assistive devices

Transport of Support Persons

46 Duty to transport

Transport of Service Dogs

47 Duty to transport

Additional Passenger Seats

48 Duty to provide additional seating space

Allergy Buffer Zone

49 Duty to establish buffer zone

Communication of Information

50 Reservations — information about services

51 Maximum weight and dimensions of mobility aids

52 On-board public announcements

Procedures Applicable to Requests for Services

53 Written confirmation of services

54 Electronic copies to be retained on request

Assignment of Passenger Seats and Cabins

55 Most accessible seats or cabins

Refusal of Transportation

56 Prohibition

Damaged, Destroyed or Lost Mobility Aids

57 Carrier’s obligations

58 Air transportation — special declaration of interest for mobility aids

PART 3

Requirements Applicable to Carriers — Technical

Application of this Part

59 Air, rail, ferry and bus carriers

60 Non-application — certain aircraft

61 Non-application — certain buses

62 Application to pre-existing aircraft, trains, ferries or buses

63 Non-application — temporary leases

Compliance

64 Duty of carrier

Step Boxes — Trains, Ferries and Buses

65 Standards

66 Trains, ferries and buses

Lifts, Ramps and Bridge Plates — Aircraft, Trains, Ferries and Buses

67 Lift — standards

68 Ramp, gangway or bridge plate — standards

69 Trains — terminals

70 Trains — other stops

71 Ferries

72 Buses — terminals

73 Buses — other stops

Stairs — Aircraft, Trains, Ferries and Buses

74 Standards

On-board Wheelchairs — Aircraft, Trains and Ferries

75 Standards

76 Aircraft

77 Trains

78 Ferries

Accessible Paths of Travel — Trains and Ferries

79 Standards

80 Ferries

81 Trains

82 Trains — diaphragms

Passenger Seats — Aircraft, Trains, Ferries and Buses

83 Standards

84 Buses

Mobility Aid Spaces and Transfer Seats — Trains and Ferries

85 Mobility aid space — standards

86 Transfer seat — standards

87 Trains

88 Ferries

Mobility Aid Spaces — Buses

89 Standards

90 Minimum number of mobility aid spaces

Storage of Mobility Aids — Trains, Ferries and Buses

91 Trains

92 Ferries

93 Buses

Passenger Safety Briefing Cards — Aircraft, Trains, Ferries and Buses

94 Aircraft, trains and ferries

95 Buses

Window Emergency Exits — Trains, Ferries and Buses

96 Standards

Washroom Facilities — Trains and Ferries

97 Standard washroom — standards

98 Wheelchair-accessible washroom — standards

99 Trains

100 Ferries

Washroom Facilities — Aircraft and Buses

101 Standard washroom — standards

102 Wheelchair-accessible washroom — standards

103 Aircraft and buses

Food Service and Lounge Areas — Trains and Ferries

104 Menu display board — standards

105 Counter — standards

106 Location of food service rail car — trains

107 Table — ferries

108 Food service counter — ferries

Service Counters — Ferries

109 Standards

On-board Entertainment Systems — Aircraft, Trains, Ferries and Buses

110 Systems without closed captioning and audio description

111 Pre-existing aircraft, trains, ferries or buses — standards

Cabins — Trains and Ferries

112 Standard cabins — standards

113 Wheelchair-accessible cabins — standards

114 Trains

115 Ferries

Shower Facilities — Trains and Ferries

116 Standard shower facilities — standards

117 Wheelchair-accessible shower facilities — standards

118 Trains and ferries

Doors and Doorways — Trains and Ferries

119 Interior door and doorway — standards

120 Exterior door — standards

Handrails, Grab Bars, Handholds and Stanchions — Trains, Ferries and Buses

121 Standards — trains and ferries

122 Standards — buses

Floors — Aircraft, Trains, Ferries and Buses

123 Standards

Tactile Attention Indicator Surfaces — Aircraft, Trains, Ferries and Buses

124 Standards

Operating Controls — Trains, Ferries and Buses

125 Standards

Signage — Aircraft, Trains, Ferries and Buses

126 Standards

Designated Relieving Areas — Ferries

127 Standards

Elevators — Trains and Ferries

128 Standards — trains

129 Standards — ferries

130 Non-operational elevators — ferries

Alarm Systems — Trains and Ferries

131 Standards

Maintenance and Repairs — Aircraft, Trains, Ferries and Buses

132 Maintenance

PART 4

Requirements Applicable to Terminal Operators

DIVISION 1

Requirements — Services

133 Application of this Division

134 Non-application — certain terminals

135 Prohibition — no charge for services required by this Part

136 Communication of information

137 Assistance for persons with disabilities

138 Ground transportation service provider

DIVISION 2

Requirements — Technical

139 Application of this Division

140 Non-application

141 Application to pre-existing terminals

142 Duty of terminal operator

143 Terminal — standards

144 Lift or ramp — standards

145 Lift or ramp — airports

146 Wheelchairs

147 Passenger seats — standards

148 Designated relieving area for dogs — standards

149 Light-rail trains

150 Shuttle buses

151 Obstruction due to repairs or maintenance

152 Alternative to non-accessible path

153 Maintenance

PART 5

Requirements Applicable to CATSA and CBSA

Security Screening

154 Services to assist persons with disabilities

155 Person travelling with assistive device, support person or service dog

Border Clearance

156 Services to assist persons with disabilities

Signage

157 Standards

PART 6

Administrative Monetary Penalties

158 Designation

159 Maximum amount of penalty

PART 7

Consequential Amendments and Coming into Force

Consequential Amendments

160 Air Transportation Regulations

161 Personnel Training for the Assistance of Persons with Disabilities Regulations

Coming into Force

162 One year after registration

SCHEDULE

Accessible Transportation for Persons with Disabilities Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Interpretation — no effect on existing legal obligations

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

PART 1

Requirements Applicable to Transportation Service Providers

Application of this Part

Carriers, terminal operators, CATSA and CBSA

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

Communication of Information to Persons with Disabilities

General information — alternate formats

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

Timing

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

Information to be published

5 A transportation service provider must publish, including by publishing on its Internet site, information about the following:

Communication

6 If a member of personnel communicates directly with passengers in the course of carrying out their functions, a transportation service provider must ensure that they communicate with a person with a disability in a manner that takes into account

Telephone systems — alternative communication services

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

Internet sites — alternative communication services

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

Internet sites — standards

9 A transportation service provider must ensure that every Internet site that it owns, operates or controls and that is made available to the public — including any mobile site that contains other platforms, such as applications — meets the standards for a Level AA conformance that are set out in the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, as amended from time to time.

Public announcements inside terminals

10 A transportation service provider must ensure that any public announcement that is made inside a terminal, including any announcement relating to an arrival, a departure delay, a gate or a track assignment, is made in an audio format and in a visual format.

Automated self-service kiosks

11 (1) If a transportation service provider owns, operates or controls an automated self-service kiosk that is made available for public use in a terminal, the transportation service provider must ensure that the automated self- service kiosk, including its hardware and software components, is accessible to persons with disabilities.

Requirements

(2) An automated self-service kiosk is accessible to persons with disabilities if

Assistance with use of self-service kiosks

12 The transportation service provider must ensure that personnel, on the request of a person with a disability, assist the person to use an automated self-service kiosk that is accessible to persons with disabilities.

Accessible self-service kiosks — good working order

13 (1) The transportation service provider must ensure that an automated self-service kiosk that is accessible to persons with disabilities is maintained in good working order.

Not in good working order

(2) If the automated self-service kiosk referred to in subsection (1) is not in good working order, the transportation service provider must ensure that personnel provide the following services to a person with a disability:

Personnel Training for the Assistance of Persons with Disabilities

Application

14 A transportation service provider must ensure that each member of personnel is provided with any training that is required by sections 15 to 18.

Who must receive training

15 (1) Training that is described in subsection (2) must be provided to any member of personnel who, in the course of carrying out their functions, is required to

Required training

(2) A member of personnel must receive training that is suitable to the requirements of their functions and that includes training with respect to

Personnel who provide physical assistance

16 If a member of personnel is required to provide physical assistance to a person with a disability in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge to carry out those functions, including training with respect to

Personnel who handle mobility aids

17 If a member of personnel is required to handle mobility aids in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge to carry out those functions, including training with respect to

Personnel who use or assist with special equipment

18 (1) If a member of personnel is required to use, or to assist a person with a disability in using, any special equipment in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge to carry out those functions.

Meaning of special equipment

(2) In subsection (1), special equipment includes

Initial training — timeline

19 (1) A transportation service provider must ensure that each member of personnel has completed training suitable to the requirements of their functions within a period of 60 days after the assumption of those functions.

Supervision of untrained personnel

(2) Until a member of personnel has completed the training that is suitable to the requirements of their functions, the transportation service provider must ensure that they carry out their functions under the direct supervision of a person who has completed that training.

Refresher training — timeline

20 A transportation service provider must ensure that each member of personnel who has received training that is required by this Part also receives, at least once every three years, refresher training that is suitable to the requirements of their functions.

Personnel to be informed of new information

21 If a transportation service provider introduces any new policy, procedure or technology with respect to persons with disabilities or offers any new transportation-related service or facility to assist persons with disabilities, the transportation service provider must, as soon as possible, inform members of personnel of that new information, unless it is not relevant to the requirements of their functions.

Preparation of training programs

22 (1) A transportation service provider must implement and maintain each training program for personnel in accordance with the following requirements:

Duty to make certain information available

(2) A transportation service provider must make available, to any person who requests it, any information about a training program that is set out in the schedule, except any personal information or confidential business information.

PART 2

Requirements Applicable to Carriers — Services

Application of this Part

Air, rail, ferry and bus carriers

23 (1) Unless otherwise specified, this Part applies to

Meaning of large air carrier

(2) In paragraph (1)(a), large air carrier means

Non-application — certain aircraft

24 The following provisions do not apply to an air carrier in respect of a transportation service provided by means of an aircraft that has a certificated maximum carrying capacity of not more than 29 passengers:

Non-application — ferries if no assigned passenger seats

25 (1) Section 49 does not apply to a ferry carrier if the carrier does not offer assigned passenger seats to passengers.

Non-application — adjacent passenger seats

(2) If a ferry carrier does not offer assigned passenger seats to passengers, despite subsections 46(3) and 47(4) and section 48, the ferry carrier is not responsible for providing a person with a disability with a passenger seat that has an adjacent passenger seat available for use by a support person or for use as additional seating space for a service dog or for the person with a disability.

Non-application — certain buses

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

No contravention of this Part

27 No person contravenes this Part by failing to provide a service that is requested by a person with a disability if the service must be provided after the departure of the means of transportation and before its arrival at a terminal and there are no members of personnel on board who provide services to passengers other than any member of personnel who is operating the means of transportation.

No Charge for Services Required by this Part

Prohibition

28 (1) Subject to subsection (2), it is prohibited for a carrier to impose a fare or to impose any other charge or fee for any service that the carrier is required by this Part to provide to any person.

Non-application of subsection (1)

(2) The prohibition in subsection (1) does not apply to a carrier in respect of any service that the carrier is required to provide under section 46, 47 or 48 if that service is provided by the carrier for the purpose of a passenger transportation service between Canada and a foreign country.

Advance Notice

Advance notice — at least 48 hours

29 (1) If a person with a disability makes a request for a service set out in this Part at least 48 hours before the scheduled time of departure, the carrier must provide the service.

No advance notice required

(2) Despite subsection (1), if a person makes a request for a service referred to in any of paragraphs 32(a), (b), (g) and (i) to (w) or section 34 or 35 less than 48 hours before the scheduled time of departure, the carrier must provide the service.

Advance notice — 96 hours

(3) Despite subsection (1) and subject to subsection (2), a carrier may require that a request for a service set out in this Part be made 96 hours in advance of the person’s scheduled time of departure if the period of advance notice that is required by the carrier is reasonably necessary in the circumstances because of the type of service that is requested by the person.

If no advance notice

(4) Despite subsections (1) and (3), if a request for a service that is subject to a time limit referred to in those subsections is not made within the time limit, the carrier must nonetheless make a reasonable effort to provide the service.

Medical Certificates and Other Documentation

Information required

30 If a person with a disability requests a service set out in this Part, except a service referred to in any of paragraphs 32(a), (b), (g) and (i) to (w) or section 34 or 35, a carrier may require the person to provide any information or documents that are reasonably necessary to permit the carrier to assess the person’s request, including a medical certificate.

Services

Assistance for Persons with Disabilities

Conditions for priority boarding

31 (1) A carrier must permit a person with a disability to board in advance of other passengers if

Requirement to board before or after other passengers

(2) If a person with a disability requests the assistance referred to in paragraph (1)(a) or (b), a carrier may require the person, in order for personnel to provide that assistance, to board before the other passengers have boarded or, if the person arrives at the boarding area after the end of priority boarding, after the other passengers have boarded.

Check-in, boarding, disembarking, baggage, etc.

32 A carrier must ensure that personnel, on the request of a person with a disability, provide the following services to the person without delay:

Bus transportation — services

33 A bus carrier must ensure that personnel on board the bus, on the request of a person with a disability, provide the following services to the person:

Persons who are not independently mobile

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

Request for assistance

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

Transport of Mobility Aids and other Assistive Devices

Mobility aid — priority baggage

36 (1) Subject to sections 40 to 43, a carrier must accept the mobility aid of a person with a disability as priority baggage if the person needs the mobility aid during travel.

Retention of mobility aid until storage

(2) The carrier must, on the request of the person with a disability, permit the person to retain their mobility aid until it becomes necessary to store it.

Services — mobility aid

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

Disassembly and reassembly of mobility aid

(2) A carrier may require a person using a mobility aid, if the person requests the service referred to in paragraph (1)(b), to

On-board storage of certain mobility aids — trains or ferries

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

On-board storage of certain mobility aids — aircraft or buses

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

Refused transport of mobility aid — aircraft

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

Refused transport of mobility aid — trains

41 A train carrier may refuse to transport a person’s mobility aid if

Refused transport of mobility aid — ferries

42 A ferry carrier may refuse to transport a person’s mobility aid if

Refused transport of mobility aid — buses

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

Notice of refusal and alternative trip

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

Small assistive devices

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

Transport of Support Persons

Duty to transport

46 (1) A carrier must, on the request of a person with a disability who needs the assistance of a support person, as determined in accordance with subsection (2), accept the support person for transport.

Criteria

(2) A person with a disability needs the assistance of a support person if the person needs, because of the nature of their disability, after departure and before arrival, assistance

Adjacent passenger seat

(3) If a person with a disability needs the assistance of any support person, as determined in accordance with subsection (2), the carrier must provide a passenger seat for the support person that is adjacent to the passenger seat of the person with a disability.

Transport of Service Dogs

Duty to transport

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

Conditions

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

Electronic copy

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

Additional floor space for service dog

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

Additional Passenger Seats

Duty to provide additional seating space

48 On the request of a person with a disability who needs seating space that exceeds that which is offered by one passenger seat because of the nature of their disability, the carrier must provide any passenger seat that is needed by the person and that is adjacent to their passenger seat.

Allergy Buffer Zone

Duty to establish buffer zone

49 (1) On the request of a person who is disabled due to a severe allergy, a carrier must ensure that a buffer zone is established around the passenger seat of the person to assist them in avoiding the risk of exposure to the allergen.

Buffer zone

(2) For the purposes of subsection (1), establishing a buffer zone around the passenger seat of a person who is disabled due to a severe allergy means taking the following measures:

Communication of Information

Reservations — information about services

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

Reservations — bus

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

Maximum weight and dimensions of mobility aids

51 A carrier must publish, including by publishing on its Internet site, information about the maximum weight and dimensions of mobility aids that are capable of being carried for each make and model of its aircraft, trains, ferries or buses, as the case may be.

On-board public announcements

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

Procedures Applicable to Requests for Services

Written confirmation of services

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

Electronic copies to be retained on request

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

Assignment of Passenger Seats and Cabins

Most accessible seats or cabins

55 A carrier must

Refusal of Transportation

Prohibition

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

Notice of refusal

(2) If a carrier refuses to transport a person with a disability, the carrier must, at the time of the refusal, notify the person of the carrier’s reasons for the refusal and, no 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:

Damaged, Destroyed or Lost Mobility Aids

Carrier’s obligations

57 (1) If the mobility aid of a person with a disability is not retained in the person’s custody and it is damaged, destroyed or lost during transport or it is not available to the person at the time of their arrival at their final destination, the carrier must, without delay and at the carrier’s own expense,

Exception — paragraph (1)(b)

(2) Paragraph (1)(b) does not apply to an air carrier if the mobility aid is carried on an international service.

Air transportation — special declaration of interest for mobility aids

58 (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 that sets out the monetary value of the mobility aid and a description of its identifying features.

Period for making special declaration

(2) The air carrier must permit the 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.

Notice on Internet site

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

Meaning of Montreal Convention

(4) In subsections (1) and (3), Montreal Convention means the Convention for theUnification of Certain Rules for International Carriage by Air, signed on May 28, 1999, in Montréal, Quebec, Canada.

PART 3

Requirements Applicable to Carriers — Technical

Application of this Part

Air, rail, ferry and bus carriers

59 (1) Unless otherwise specified, this Part applies to

Meaning of Canadian and large air carrier

(2) The following definitions apply in paragraph (1)(a).

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

large air carrier means

Non-application — certain aircraft

60 (1) This Part does not apply to an air carrier in respect of any aircraft that

Non-application of sections 101 and 102 — certain aircraft

(2) Sections 101 and 102 do not apply to an air carrier in respect of any aircraft that has only one aisle.

Non-application — certain buses

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

Application to pre-existing aircraft, trains, ferries or buses

62 (1) Subject to subsections (2) and (3), the provisions of this Part, except sections 75 to 78, 94, 95, 110 and 127, do not apply in respect of a pre-existing aircraft, train, ferry or bus.

Clarification — portable equipment

(2) Sections 65 to 68 and 74 apply with respect to any step box, bridge plate, stairs, lift or ramp that are portable and not integrated with the pre-existing aircraft, train, ferry or bus, as the case may be.

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

Meaning of pre-existing aircraft, trains, ferries and buses

(4) In subsections (1) to (3), a pre-existing aircraft, train, ferry or bus means an aircraft, train, ferry or bus that was

Non-application — temporary leases

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

Compliance

Duty of carrier

64 A carrier must ensure that any aircraft, train, ferry or 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 sections 65 to 132.

Step Boxes — Trains, Ferries and Buses

Standards

65 A step box that is used to assist a person with a disability to board or disembark from a train, ferry or bus must

Trains, ferries and buses

66 A train, ferry or bus must be equipped with a step box if any stairs that are used by passengers to board or disembark have a first or last step that has a riser height that is greater than the riser height of the other steps.

Lifts, Ramps and Bridge Plates — Aircraft, Trains, Ferries and Buses

Lift — standards

67 A lift that is used to assist a person with a disability to board or disembark from an aircraft, a train or a bus must

Ramp, gangway or bridge plate — standards

68 A ramp, gangway or bridge plate that is used to assist a person with a disability to board or disembark from an aircraft, train, ferry or bus must

Trains — terminals

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

Trains — other stops

70 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.

Ferries

71 If a ferry terminal does not permit level boarding to a ferry, the ferry must have a vehicle deck that can be used by passengers to board or disembark or the ferry must be equipped with a ramp or gangway.

Buses — terminals

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

Buses — other stops

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

Stairs — Aircraft, Trains, Ferries and Buses

Standards

74 (1) Stairs that are used to board or disembark from an aircraft, train, ferry or bus, and any interior stairs on an aircraft, train, ferry or bus, must

Temporary two-year rule

(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, train, ferry or bus.

On-board Wheelchairs — Aircraft, Trains and Ferries

Standards

75 An on-board wheelchair that is made available on an aircraft, train or ferry must

Aircraft

76 An aircraft must have available at least one on-board wheelchair if the aircraft has a wheelchair-accessible washroom.

Trains

77 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.

Ferries

78 Each deck of a ferry, except a deck that is not accessible to a person using a wheelchair, must have available at least one on-board wheelchair.

Accessible Paths of Travel — Trains and Ferries

Standards

79 An accessible path of travel on a train or ferry must

Ferries

80 Every path of travel that is within the interior of a ferry and that is intended to be used by passengers must be an accessible path of travel.

Trains

81 (1) A train must have an accessible path of travel that provides access to, from and between all of the following points on the train:

Wheelchair-accessible areas

(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 an accessible path of travel to any adjacent rail car if that adjacent rail car contains a mobility aid space, transfer seat or wheelchair-accessible washroom.

Wheelchair-accessible shower facility and cabin

(3) A train must have an accessible path of travel between a wheelchair-accessible shower facility and a wheelchair-accessible cabin.

Trains — diaphragms

82 (1) A diaphragm on a train must

Meaning of diaphragm

(2) In subsection (1), diaphragm means the passageway between rail cars.

Passenger Seats — Aircraft, Trains, Ferries and Buses

Standards

83 Passenger seating on an aircraft, train, ferry or bus must be equipped with

Buses

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

Mobility Aid Spaces and Transfer Seats — Trains and Ferries

Mobility aid space — standards

85 A mobility aid space on a train or ferry must

Transfer seat — standards

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

Trains

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

Maximum of two mobility aid spaces per rail car

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

Food service rail car

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

Ferries

88 (1) A ferry must, in each passenger seating area, have at least 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 equal to one mobility aid space and one transfer seat for every 75 passenger seats.

Food service and lounge areas

(2) A food service area or a lounge area on a ferry that offers seating for passengers must have at least two adjacent mobility aid spaces.

Mobility Aid Spaces — Buses

Standards

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

Minimum number of mobility aid spaces

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

Storage of Mobility Aids — Trains, Ferries and Buses

Trains

91 (1) A train, in at least one rail car, must have a space for the storage of at least one mobility aid.

Safe storage

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

Ferries

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

Safe storage

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

Buses

93 A bus must have a baggage compartment that is designed to allow for the storage of at least two mobility aids that each weighs no more than 227 kg and has a width of not more than 109.2 cm, a height of not more than 73.6 cm (with the seat and steering column collapsed) and a length of not more than 226.06 cm.

Passenger Safety Briefing Cards — Aircraft, Trains, Ferries and Buses

Aircraft, trains and ferries

94 An aircraft, a train and each passenger deck of a ferry must have available on board at least five passenger safety briefing cards that are in large print and at least five passenger safety briefing cards that are in Braille.

Buses

95 If a bus has passenger safety briefing cards available on board, at least two of the cards must be available in large print and at least two of the cards must be available in Braille.

Window Emergency Exits — Trains, Ferries and Buses

Standards

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

Washroom Facilities — Trains and Ferries

Standard washroom — standards

97 A washroom on a train or ferry, other than a wheelchair-accessible washroom, must

Wheelchair-accessible washroom — standards

98 A wheelchair-accessible washroom on a train or ferry must

Trains

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

Food service rail cars

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

Ferries

100 If a deck, a food service area or a lounge area of a ferry has one or more washrooms, it must have at least one wheelchair-accessible washroom.

Washroom Facilities — Aircraft and Buses

Standard washroom — standards

101 A washroom on an aircraft or bus, other than a wheelchair-accessible washroom, must be equipped with

Wheelchair-accessible washroom — standards

102 A wheelchair-accessible washroom on an aircraft or bus must meet the requirements set out in section 101 and must

Aircraft and buses

103 If an aircraft or a bus has a washroom on board that meets the requirements of paragraphs 102(a) and (b), that washroom must be a wheelchair-accessible washroom.

Food Service and Lounge Areas — Trains and Ferries

Menu display board — standards

104 A menu display board in a food service rail car on a train and in a food service area on a ferry must

Counter — standards

105 A counter in a food service rail car on a train and in a food service area or a lounge area on a ferry must meet the standards set out in clauses 6.7.1.2 and 6.7.1.3 of CSA B651-12.

Location of food service rail car — trains

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

Table — ferries

107 In a food service area or a lounge area on a ferry, at least five percent of the total number of tables must be identified by the International Symbol of Access and meet the standards set out in clauses 6.7.1.1 to 6.7.1.3 of CSA B651-12.

Food service counter — ferries

108 (1) In a food service area or a lounge area on a ferry, a handrail must be provided along the side of a food-service counter and the floor space adjacent to the counter must meet the standards set out in clauses 4.4.1, 4.4.2, 5.1.1 and 5.1.2 of CSA B651-12.

Lineup guide — ferries

(2) In a food service area or a lounge area on a ferry, lineup guides must meet the standards set out in clause 5.1.3 of CSA B651-12.

Service Counters — Ferries

Standards

109 A counter that is used for serving passengers on a ferry, except a counter referred to in section 105, must

On-board Entertainment Systems — Aircraft, Trains, Ferries and Buses

Systems without closed captioning and audio description

110 If an aircraft, train, ferry or bus has an on-board entertainment system that does not offer closed captioning and audio description, the aircraft, train, ferry or bus must be equipped with personal electronic devices, in a number that is sufficient to accommodate the number of persons with disabilities who are likely to use them at any one time, and

Pre-existing aircraft, trains, ferries or buses — standards

111 If a pre-existing aircraft, train, ferry or bus that is referred to in subsection 62(1) has an on-board entertainment system, the on-board entertainment system must be equipped to permit a person with a disability to

Cabins — Trains and Ferries

Standard cabins — standards

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

Protruding objects

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

Wheelchair-accessible cabins — standards

113 A wheelchair-accessible cabin on a train or ferry must

Trains

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

Ferries

115 A ferry that has cabins must have the following:

Shower Facilities — Trains and Ferries

Standard shower facilities — standards

116 A shower facility on a train or ferry, other than a wheelchair-accessible shower facility, must meet the standards set out in clause 6.5 of CSA B651-12, 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 not including clause 4.2.2.

Wheelchair-accessible shower facilities — standards

117 A wheelchair-accessible shower facility on a train or ferry must

Trains and ferries

118 A train or ferry that has a standard shower facility must have at least one wheelchair-accessible shower facility.

Doors and Doorways — Trains and Ferries

Interior door and doorway — standards

119 An interior door and doorway on a train or ferry must

Exterior door — standards

120 An exterior door on a train or ferry must

Handrails, Grab Bars, Handholds and Stanchions — Trains, Ferries and Buses

Standards — trains and ferries

121 Handrails on a train and ferry must meet the standards set out in clauses 5.3.1 and 5.3.2 of CSA B651-12.

Standards — buses

122 Grab bars, handholds, and stanchions on a bus must

Floors — Aircraft, Trains, Ferries and Buses

Standards

123 The floors of an aircraft, train, ferry, and bus must meet the standards set out in clauses 4.3.1 to 4.3.3 of CSA B651-12.

Tactile Attention Indicator Surfaces — Aircraft, Trains, Ferries and Buses

Standards

124 Tactile attention indicator surfaces on an aircraft, train, ferry or bus must

Operating Controls — Trains, Ferries and Buses

Standards

125 Operating controls on a train, ferry or bus must

Signage — Aircraft, Trains, Ferries and Buses

Standards

126 (1) Signage on an aircraft, train, ferry or bus, other than a menu display board referred to in section 104, must

Electronic signage

(2) In the case of electronic signage, it must also

Designated Relieving Areas — Ferries

Standards

127 (1) A ferry that travels for a period of four consecutive hours or more must have an on-board designated area for service dogs to relieve themselves that can be accessed by means of a path of travel that is accessible to persons with disabilities and that

Signage

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

Elevators — Trains and Ferries

Standards — trains

128 If a train is equipped with an elevator, the elevator must meet the standards set out in clause 5.6.1 of CSA B651-12.

Standards — ferries

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

Non-operational elevators — ferries

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

Alarm Systems — Trains and Ferries

Standards

131 If a train or ferry is equipped with an alarm system, including in a cabin, the alarm system must provide both a visual and an audible alarm. A visual alarm must meet the standards set out in clause 5.7.1 of CSA B651-12.

Maintenance and Repairs — Aircraft, Trains, Ferries and Buses

Maintenance

132 (1) An aircraft, train, ferry or bus and any related facilities, including any amenities and equipment used in them, that are subject to requirements under this Part must be in good working order and must be adequately maintained.

Repairs

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

PART 4

Requirements Applicable to Terminal Operators

DIVISION 1
Requirements — Services

Application of this Division

133 Unless otherwise specified, this Division applies to every terminal operator in respect of

Non-application — certain terminals

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

Prohibition — no charge for services required by this Part

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

Communication of information

136 A terminal operator must publish, including by publishing on its Internet site, information about the services or facilities available at the terminal for persons with disabilities, including information about

Assistance for persons with disabilities

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

Exception

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

Ground transportation service provider

138 If a terminal operator enters into an agreement or arrangement with any service provider for the provision of ground transportation from the terminal, including by taxi, limousine, bus or rental vehicle, the terminal operator must ensure that the service provider provides

DIVISION 2
Requirements — Technical

Application of this Division

139 Unless otherwise specified, this Division applies to every terminal operator to which Division 1 applies and to every terminal operator in respect of a port that permits the mooring of cruise ships.

Non-application

140 (1) This Division does not apply in respect of any area or any facility of a terminal that

Federal heritage protection legislation

(2) This Division does not apply if the modification of a facility of the terminal, including any amenity or equipment used in the facility, in order to comply with an applicable requirement would contravene the Heritage Railway Stations Protection Act or any other federal Act related to heritage protection.

Application to pre-existing terminals

141 (1) Subject to subsection (2), this Division does not apply in respect of a pre-existing terminal.

Modifications

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

Meaning of pre-existing terminal

(3) In subsections (1) and (2), a pre-existing terminal means a terminal

Duty of terminal operator

142 A terminal operator must ensure that any terminal that it owns, operates or leases and any related facilities, including any amenities or equipment used in them, meet the requirements set out in sections 143 to 153.

Terminal — standards

143 A terminal must meet the standards set out in CSA B651-12, excluding clauses 6.5.7, 6.6.2.2, 6.6.2.7.1, 6.7.3, 7 and 8.5, Annexes A to D and F and all commentary and figures of CSA B651-12.

Lift or ramp — standards

144 A lift or ramp that is used at a terminal to assist a person with a disability to board or disembark must meet the requirements of section 67, in the case of a lift, or section 68, in the case of a ramp.

Lift or ramp — airports

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

Wheelchairs

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

Standards

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

Passenger seats — standards

147 A terminal must have the following:

Designated relieving area for dogs — standards

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

Signage

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

Designated relieving area outside terminal

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

Designated relieving area inside terminal

(4) A terminal must have a designated area for service dogs to relieve themselves that is located inside the terminal and close to an entrance and that can be accessed from the restricted areas of the terminal by means of a path of travel that is accessible to persons with disabilities.

Light-rail trains

149 Sections 65 to 68, 72, 74, 83, 84, 89, 90, 96 and 122 to 126 apply, with any modifications that the circumstances require, with respect to any light-rail train that operates between facilities within a terminal.

Shuttle buses

150 Sections 65 to 68, 72, 74, 83, 84, 89, 90, 96 and 122 to 126 apply, with any modifications that the circumstances require, to any shuttle bus that operates between facilities within a terminal.

Obstruction due to repairs or maintenance

151 If there are obstructions to a path of travel inside or outside of a terminal due to the carrying out of repairs or maintenance, the obstructions must be detectable by a person using a cane.

Alternative to non-accessible path

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

Maintenance

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

Repairs

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

PART 5

Requirements Applicable to CATSA and CBSA

Security Screening

Services to assist persons with disabilities

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

Person travelling with assistive device, support person or service dog

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

Separate screening of assistive device

(2) If an assistive device is removed from a person with a disability for a separate screening,

Border Clearance

Services to assist persons with disabilities

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

Signage

Standards

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

Electronic signage

(2) In the case of electronic signage, CATSA and CBSA must also ensure that

PART 6

Administrative Monetary Penalties

Designation

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

Maximum amount of penalty

159 The maximum amount payable for each violation referred to in section 158 is

PART 7

Consequential Amendments and Coming into Force

Consequential Amendments
Air Transportation Regulations

160 Subsection 146(1) of the Air Transportation Regulations footnote 37 is replaced by the following:

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

Personnel Training for the Assistance of Persons with Disabilities Regulations

161 The Personnel Training for the Assistance of Persons with Disabilities Regulationsfootnote 38 are amended by adding the following after section 3:

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

Coming into Force

One year after registration

162 (1) Subject to subsections (2) and (3), these Regulations come into force on the first anniversary of the day on which they are registered.

Two years after registration

(2) Sections 75 to 78 and subsection 148(4) come into force on the second anniversary of the day on which these Regulations are registered.

Three years after registration

(3) Sections 11, 67 to 73, 144 and 145 come into force on the third anniversary of the day on which these Regulations are registered.

SCHEDULE

(Section 22)

Description of Training Program

(Name, address and description of transportation service provider)

Date:

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