GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Accessible Transportation for Persons with Disabilities Regulations — 46
Refused transportation — ferries 46 A marine carrier may refuse to transport a person’s mobility aid if (a) the weight or size of the mobility aid exceeds the capacity of the gangway or ramp; or (b) the person must remain in the mobility aid in order to board the ferry and the combined weight of the person and the mobility aid exceeds the capacity of the gangway or ramp.
Accessible Transportation for Persons with Disabilities Regulations — 47
Refused transportation — buses 47 A bus carrier may refuse to transport a person’s mobility aid if (a) the size of the door to the bus’s baggage compartment or the size of the bus’s baggage compartment is not large enough to accommodate the mobility aid; (b) the weight or size of the mobility aid exceeds the capacity of the baggage compartment or of the lift, ramp or bridge plate; or (c) the person must remain in the mobility aid in order to board the bus and the combined weight of the person and the mobility aid exceeds the capacity of the lift, ramp or bridge plate.
Accessible Transportation for Persons with Disabilities Regulations — 48
Explanation of refusal and alternatives 48 If a carrier refuses to transport the mobility aid of a person with a disability, the carrier must (a) at the time of the refusal, inform the person of the carrier’s reasons for refusal and, not later than 10 days after the day of the refusal, provide the person with a written notice setting out the reasons for the refusal; and (b) advise the person of the availability of alternative trips that are provided by the carrier to the same destination and on which the mobility aid will not be refused for transport, and offer to book any such alternative trip for the person at the lesser of the fare for the original trip and the fare for the alternative trip.
Accessible Transportation for Persons with Disabilities Regulations — 49
Small assistive devices 49 A carrier must permit a person with a disability to bring on board and to retain 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.
Accessible Transportation for Persons with Disabilities Regulations — 50
Duty to transport 50 (1) A carrier must, on the request of a person with a disability, accept a support person for transport if, because of the nature of their disability, the person, after departure and before arrival, needs (a) assistance with eating meals, taking medication, using the washroom; (b) assistance with transferring to and from a passenger seat; (c) assistance with orientation or communication; or (d) physical assistance in the event of an emergency, including in the case of an evacuation or decompression. Adjacent passenger seat (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.
Accessible Transportation for Persons with Disabilities Regulations — 51
Duty to transport 51 (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). Requirements (2) A carrier may require a person with a disability who requests to travel with a service dog to control the dog with a leash, tether or harness during travel and to provide (a) at the time that the person with a disability makes the reservation with the carrier, a declaration attesting that the service dog has been individually trained by an organization or person specializing in service dog training to perform a task to assist the person with a disability with a need related to their disability; and (b) before departure, an identification card or other document that is issued by an organization or person specializing in service dog training that identifies the person with a disability and attests that the service dog has been individually trained by the organization or person to perform a task to assist the person with a disability with a need related to their disability. Electronic copy (3) The condition in paragraph (2)(b) is met if the person has provided the card or other document referred to 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 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 to the person any passenger seat adjacent to their passenger seat that is needed to provide sufficient floor space for the service dog.
Accessible Transportation for Persons with Disabilities Regulations — 52
Duty to provide additional seating space 52 On the request of a person with a disability who needs more than one passenger seat because of the nature of their disability, the carrier must provide to the person any passenger seat adjacent to their passenger seat that is needed by the person.
Accessible Transportation for Persons with Disabilities Regulations — 53
Duty to establish buffer zone 53 (1) On the request of a person who has a disability 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 by taking the following measures: (a) providing the person with a passenger seat that is in a bank of seats other than the bank of seats in which the source of the allergen is located and other than the bank of seats facing that bank of seats; and (b) notifying the passengers who are sitting in the same bank of seats as the person that a passenger with a severe allergy is present and informing them of the allergen. Definition of bank of seats (2) In this section, bank of seats means passenger seats that are immediately adjacent to each other and does not include passenger seats that are across the aisle.
Accessible Transportation for Persons with Disabilities Regulations — 54
Reservations — identification of needs 54 (1) If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must 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 (a) provide information about any stops and transfer points; and (b) advise the person in advance if the route does not have a regularly scheduled stop at a rest stop that has a washroom that accommodates a person using a mobility aid and any support person and offer the person their choice of alternative rest stops on the route.
Accessible Transportation for Persons with Disabilities Regulations — 55
Accessible seats or cabins 55 If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier must (a) before assigning a passenger seat or cabin to a person with a disability, inform the person of the passenger seats and cabins that are available in the class of service that the person has requested and that have equipment and facilities that best meet the accessibility needs of that person, such as a wheelchair-accessible washroom or a passenger seat that has additional leg room, a larger seat pitch or movable armrests; and (b) in assigning a passenger seat or cabin to a person with a disability, take into account the person’s opinion with respect to which seats or cabins would best meet the accessibility needs of that person.
Accessible Transportation for Persons with Disabilities Regulations — 56
Mobility aids — maximum weight and dimensions 56 A carrier must publish in electronic format on its website, or in another format if it does not have a website, information about the maximum weight and dimensions of mobility aids that each make and model of its aircraft, trains, ferries or buses, as the case may be, is capable of transporting. SOR/2021-9, s. 12
Accessible Transportation for Persons with Disabilities Regulations — 57
On-board announcements 57 A carrier must, on the request of a person with a disability, ensure that any public announcement that is made on board is made in an audio format or a visual format.
Accessible Transportation for Persons with Disabilities Regulations — 58
Written confirmation of services 58 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 itinerary is issued, the carrier must, without delay, provide a written confirmation of the service.
Accessible Transportation for Persons with Disabilities Regulations — 59
Retention of electronic copies 59 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.
Accessible Transportation for Persons with Disabilities Regulations — 60
Prohibition 60 (1) It is prohibited for a carrier to refuse to transport a person with a disability unless the transportation of the person would impose an undue hardship on the carrier. Explanation of refusal (2) If a carrier refuses to transport a person with a disability, the carrier must, at the time of the refusal, inform the person of the carrier’s reasons for the refusal and, not later than 10 days after the day of the refusal, provide the person with a written notice setting out the reasons for the refusal, including the following: (a) the evidence of undue hardship, such as an engineering report, a medical report or an expert opinion that demonstrates that the risk is significant enough that it would be unreasonable to waive or modify a requirement; (b) any relevant rule, policy or procedure or regulation; and (c) the duration of the refusal and the conditions, if any, under which the carrier would accept the person for transport.
Accessible Transportation for Persons with Disabilities Regulations — 61
Duty of carrier 61 If the mobility aid of a person with a disability is not retained by the person during transport and it is damaged, destroyed or lost during transport or is not made available to the person at the time of their arrival at their destination, the carrier must, without delay and at the carrier’s own expense, (a) provide them with a temporary replacement mobility aid that meets their needs in relation to their mobility and that they are permitted to use until their mobility aid is returned to them or is repaired or replaced or until they are reimbursed by the carrier for the loss of the mobility aid; (b) reimburse the person for any expenses they have incurred because the mobility aid was damaged, destroyed or lost or because it was not made available to them at the time of their arrival at their destination; (c) in the case of a damaged mobility aid, arrange for the repair of the mobility aid and return it to the person without delay or, in the case of a damaged mobility aid that cannot be adequately repaired, (i) replace the damaged mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the damaged mobility aid and that meets the person’s needs in relation to their mobility, or (ii) reimburse the person for the full replacement cost of the mobility aid; and (d) in the case of a destroyed mobility aid or a mobility aid that is not made available to the person at the time of their arrival at their destination and that is not returned to them within, in the case of an air carrier, 96 hours after that arrival or, in the case of a train, marine or bus carrier, 72 hours after that arrival, (i) replace the destroyed or lost mobility aid with the same model of mobility aid or, if the same model is not available, a model that has equivalent features and qualities as the destroyed or lost mobility aid and that meets the person’s needs in relation to their mobility, or (ii) reimburse the person for the full replacement cost of the mobility aid. SOR/2021-9, s. 13
Accessible Transportation for Persons with Disabilities Regulations — 62
Air transportation — special declaration of interest 62 (1) If a person with a disability who uses a mobility aid makes a reservation with an air carrier for transportation on an international service, the air carrier must advise the person of the option to make a special declaration of interest, under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention, that sets out the monetary value of the mobility aid and a description of its identifying features. Period for making special declaration (2) The air carrier must permit a person with a disability to make the special declaration of interest at any time before the mobility aid is removed by the carrier for storage in the aircraft’s baggage compartment. Notice on website (3) An air carrier that operates an international service must publish in electronic format on its website, or in another format if it does not have a website, a notice for persons with disabilities who use mobility aids that informs them of the option to make a special declaration of interest under Article 22(2) of the Montreal Convention or under Article 22(2) of the Warsaw Convention. Definition (4) The following definitions apply in this section. Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed on May 28, 1999, at Montréal, Quebec, Canada. ( Convention de Montréal ) Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on October 12, 1929 at Warsaw, Poland. ( Convention de Varsovie ) SOR/2021-9, s. 14
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed on May 28, 1999, at Montréal, Quebec, Canada. ( Convention de Montréal )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed on October 12, 1929 at Warsaw, Poland. ( Convention de Varsovie )
Accessible Transportation for Persons with Disabilities Regulations — 63
Definitions 63 (1) The following definitions apply in this section. Canadian has the same meaning as in subsection 55(1) of the Act. ( Canadien ) domestic service has the same meaning as in subsection 55(1) of the Act. ( service intérieur ) international service has the same meaning as in subsection 55(1) of the Act. ( service international ) large air carrier means an air carrier that transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years. ( gros transporteur aérien ) Canadian large air carriers (2) Unless otherwise specified, this Division applies to every large air carrier that is a Canadian and that provides a domestic service or international service for the transportation of passengers.
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
Canadian has the same meaning as in subsection 55(1) of the Act. ( Canadien )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
domestic service has the same meaning as in subsection 55(1) of the Act. ( service intérieur )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
international service has the same meaning as in subsection 55(1) of the Act. ( service international )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
large air carrier means an air carrier that transported a worldwide total of 1,000,000 passengers or more during each of the two preceding calendar years. ( gros transporteur aérien )
Accessible Transportation for Persons with Disabilities Regulations — 64
Non-application — certain aircraft 64 This Division does not apply to an air carrier in respect of any aircraft that (a) has a certificated maximum carrying capacity of not more than 29 passengers; (b) was manufactured before May 13, 2009; or (c) is leased by the carrier on a short-term basis in order to respond to an emergency or to replace an aircraft that requires repairs due to an unforeseen mechanical failure.
Accessible Transportation for Persons with Disabilities Regulations — 65
Non-application of sections 77 to 79 — certain aircraft 65 Sections 77 to 79 do not apply to an air carrier in respect of any aircraft that has only one aisle. SOR/2021-9, s. 15
Accessible Transportation for Persons with Disabilities Regulations — 66
Pre-existing aircraft 66 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 72 , 73 , 76 and 81 , do not apply to a pre-existing aircraft. Clarification — portable equipment (2) Sections 69 to 71 apply to a pre-existing aircraft with respect to any lift, ramp or stairs that are portable and not integrated with the pre-existing aircraft. Modifications (3) If a carrier makes a modification — other than a modification to a mechanical, electrical or plumbing system or a modification carried out for an aesthetic purpose or for maintenance or repair — to any amenity or equipment that is used in a pre-existing aircraft, the carrier must ensure that the modified amenity or equipment meets the requirements of this Division, except in the following circumstances: (a) the dimensions of the aircraft or of the amenity or equipment are unalterable; (b) the structural integrity or safe operation of the aircraft or of the amenity or equipment would be materially affected; (c) the principal purpose of the amenity or equipment would be fundamentally altered; or (d) a compliant amenity or equipment could not be certified for installation on the aircraft. Definition of pre-existing aircraft (4) In this section, a pre-existing aircraft means an aircraft that was (a) purchased or leased by the carrier before the day on which this section comes into force; or (b) purchased or leased by the carrier on or after the day on which this section comes into force, if the carrier submitted the call for tenders in respect of that aircraft before that day. SOR/2021-9, s. 16
Accessible Transportation for Persons with Disabilities Regulations — 67
Unavailability of compliant amenity or equipment 67 A carrier does not contravene a requirement of this Division that applies to an amenity or equipment used in an aircraft if the amenity or equipment does not comply with that requirement because (a) a compliant amenity or equipment is not reasonably available for purchase from any manufacturer or supplier; or (b) a compliant amenity or equipment could not be certified for installation on the aircraft.
Accessible Transportation for Persons with Disabilities Regulations — 68
Duty of carrier 68 A carrier must ensure that any aircraft that it owns, operates or leases and any related facilities, including any amenities and equipment used in them, meet the requirements set out in this Division.
Accessible Transportation for Persons with Disabilities Regulations — 69
Lift 69 A lift that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft must (a) have handrails that are located on both sides of the lift and a slip-resistant surface; and (b) be capable of supporting a minimum weight of 363 kg.
Accessible Transportation for Persons with Disabilities Regulations — 70
Ramp 70 A ramp that is used to assist a person with a disability, including a person in a mobility aid, to board or disembark from an aircraft must (a) have a contrasting colour strip that runs the full width of its bottom edge; (b) have raised edges to prevent a mobility aid from rolling off the edge of the ramp; (c) have a slip-resistant surface; and (d) be capable of supporting a minimum weight of 363 kg.
Accessible Transportation for Persons with Disabilities Regulations — 71
Stairs 71 (1) Any stairs that are used to board or disembark from an aircraft, and any interior stairs on an aircraft, must (a) meet the requirements set out in clauses 5.4.1 and 5.4.2 of CSA B651-18; (b) have handrails that (i) are located on both sides of the stairs, (ii) are located at a uniform height of 860 mm to 920 mm, measured vertically from the leading edge of the tread, and (iii) meet the requirements set out in clause 5.3.1 of CSA B651-18; and (c) have tactile attention indicator surfaces that (i) meet the requirements set out in clauses 4.3.5.2(a) and (b), 4.3.5.3.1 and 4.3.5.3.4 of CSA B651-18, (ii) are located at the top of the stairs, and (iii) commence one tread length before the top of the stairs, extend the full width of the stairs and measure from 600 mm to 650 mm in length. Delayed application — portable stairs (2) For a period of two years beginning on the day on which this section comes into force, subsection (1) does not apply in respect of stairs that are portable and not integrated with the aircraft.
Accessible Transportation for Persons with Disabilities Regulations — 72
On-board wheelchair 72 An on-board wheelchair that is available on an aircraft must have (a) footrests, movable armrests, an occupant restraint device and wheel locks; (b) a backrest of a height that permits the person using the wheelchair to be safely and easily transferred to and from a passenger seat; and (c) a seat of a width that permits the wheelchair to be safely and easily manoeuvred on board the aircraft.
Accessible Transportation for Persons with Disabilities Regulations — 73
Mandatory on-board wheelchair 73 At least one on-board wheelchair must be available on an aircraft that has a wheelchair-accessible washroom.
Accessible Transportation for Persons with Disabilities Regulations — 74
Passenger seats 74 Passenger seats on an aircraft must be equipped with (a) movable armrests on at least 50% of the seats, which seats are evenly distributed throughout the aircraft; and (b) a call button that is (i) tactilely discernible and colour-contrasted with its background, and (ii) operable using minimal force.
Accessible Transportation for Persons with Disabilities Regulations — 75
Tactile row markers 75 Aircraft must be equipped with tactile row markers, in raised characters and Braille, that are installed, either permanently or temporarily, on the sides of passenger seats and above the armrests or adjacent to the mechanisms for opening overhead bins.