GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Accessible Transportation for Persons with Disabilities Regulations — 16
Interaction with public, etc. 16 (1) If a member of personnel may be required to interact with the public or to participate in making decisions or in developing policies or procedures in relation to the requirements of these Regulations, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training with respect to the requirements of these Regulations and the policies and procedures of the transportation service provider with respect to persons with disabilities. Contents of training (2) The training referred to in subsection (1) must provide an adequate level of knowledge in respect of (a) the following principles: (i) the principle that all persons must be treated with dignity regardless of their disabilities, (ii) the principle that all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities or of how their disabilities interact with their personal and social characteristics, (iii) the principle that all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities, and (iv) the principle that all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities; (b) the different types of barriers that may hinder equal access to transportation services for persons with disabilities; (c) the various types of assistance that may be needed by persons with disabilities and the duties of the transportation service provider in relation to those needs, including (i) the type of assistance that they must provide to persons with disabilities, and (ii) the assistive devices that are commonly used by persons with disabilities and the methods of communication that may be used by, or may facilitate communication with, persons with disabilities, such as an augmentative or alternative communication system, sign language or clear, concise and plain language; (d) communication with persons with disabilities in accordance with section 6 and how to interact with them in a manner that respects their autonomy and dignity; (e) the role of a support person; and (f) the role and needs of a service dog.
Accessible Transportation for Persons with Disabilities Regulations — 17
Physical assistance 17 If a member of personnel may be 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 and skills to carry out those functions, including training on how to (a) seek information from the person with respect to their preferred method of assistance and any other measures they may require to ensure their safety and their comfort; (b) manoeuvre mobility aids through doors and on irregular and multi-level surfaces, steps, curbs and elevators; (c) transfer the person between their own mobility aid and a mobility aid provided by the transportation service provider and between a mobility aid and the person’s passenger seat, including performing appropriate lifting techniques to perform various types of transfers of the person with maximum consideration for their dignity, safety and comfort; (d) guide and orient a person whose impairment affects their mobility; and (e) assist a person who has limitations in balance, agility or coordination that affect their mobility.
Accessible Transportation for Persons with Disabilities Regulations — 18
Handling mobility aids 18 If a member of personnel may be required to handle mobility aids in the course of carrying out their functions, they must receive training that provides an adequate level of knowledge and skills to carry out those functions, including training with respect to (a) the different types of mobility aids; and (b) the requirements and appropriate methods for transporting and storing mobility aids, including the disassembling, packaging, unpackaging and reassembling of mobility aids.
Accessible Transportation for Persons with Disabilities Regulations — 19
Using or assisting with special equipment 19 (1) If a member of personnel may be 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 and skills to carry out those functions. Definition of special equipment (2) In this section, special equipment includes (a) a telecommunication device for persons who are deaf or who have any other hearing impairment; (b) a lift, a ramp and any other level-change device; (c) an on-board electrical power supply; (d) a device for the connection of on-board auxiliary respirator systems; (e) an on-board entertainment system that is accessible to persons with disabilities; and (f) an automated self-service kiosk that is accessible to persons with disabilities.
Accessible Transportation for Persons with Disabilities Regulations — 20
Initial training — timeline 20 (1) A transportation service provider must ensure that a member of personnel has completed training suitable to the requirements of their functions within 60 days after the day on which that member assumes 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.
Accessible Transportation for Persons with Disabilities Regulations — 21
Refresher training 21 A transportation service provider must ensure that members of personnel who have received training that is required by this Part also receive, at least once every three years, refresher training that is suitable to the requirements of their functions.
Accessible Transportation for Persons with Disabilities Regulations — 22
Duty to inform personnel 22 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 feasible, inform members of personnel of that new information, unless it is not relevant to the requirements of their functions.
Accessible Transportation for Persons with Disabilities Regulations — 23
Preparation of training programs 23 (1) A transportation service provider must implement and maintain each training program for members of personnel in accordance with the following requirements: (a) the training program must include the information set out in Schedule 1; (b) the training program must be available for inspection by the Agency; and (c) any new information that is referred to in section 22 must be incorporated in the training program as soon as feasible. Consultation (2) A transportation service provider must consult persons with disabilities in the development of each training program and the principal teaching methods. Information about training program (3) A transportation service provider must, as soon as feasible, make available any information about a training program that is set out in Schedule 1, except any personal information or confidential business information, to any person who requests that information.
Accessible Transportation for Persons with Disabilities Regulations — 24
Definitions 24 The following definitions apply in this Part. licensee has the same meaning as in subsection 55(1) of the Act. ( licencié ) severe allergy means an allergy to an allergen that may cause a person to experience significant physical distress if they are directly exposed to the allergen. ( allergie grave )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
licensee has the same meaning as in subsection 55(1) of the Act. ( licencié )
Accessible Transportation for Persons with Disabilities Regulations — Accessible Transportation for Persons with Disabilities Regulations
severe allergy means an allergy to an allergen that may cause a person to experience significant physical distress if they are directly exposed to the allergen. ( allergie grave )
Accessible Transportation for Persons with Disabilities Regulations — 25
Air, rail, marine and bus carriers 25 (1) Unless otherwise specified, this Part applies to (a) every large air carrier that provides a service for the transportation of passengers (i) between points within Canada, (ii) from a point of origin in Canada to a point of destination in a foreign country, or (iii) from a point of origin in a foreign country to a point of destination in Canada; (b) every rail carrier that provides a service for the transportation of passengers (i) between three or more provinces, (ii) between three or more provinces and from a point of origin in Canada to a point of destination in a foreign country, or (iii) from a point of origin in a foreign country to a point of destination in three or more provinces; (c) every marine carrier that provides a service for the transportation of passengers between two or more provinces or between Canada and a foreign country if (i) the service is provided by means of a ferry of 1,000 gross tonnage or more, and (ii) the carrier offers on-board services to passengers; and (d) every bus carrier that provides a service for the transportation of passengers between two or more provinces and from a point of origin in Canada to a point of destination in a foreign country. Definition of large air carrier (2) In this section, 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.
Accessible Transportation for Persons with Disabilities Regulations — 26
Non-application of this Part 26 (1) If an air carrier transports a passenger between Canada and a foreign country and that trip comprises a series of flights, this Part does not apply in respect of any flight in that series except a flight in that series that departs from, or arrives in, a point in Canada. Charter flights (2) This Part does not apply to an air carrier in respect of a charter flight except (a) a charter flight within Canada if one or more seats on that flight are purchased for resale to the public; or (b) a charter flight to or from Canada if one or more passengers began their itinerary in Canada and one or more seats on that flight are purchased for resale to the public. Licensee obligations (3) A licensee must include the obligation to comply with these Regulations in its contracts with a charterer with respect to flights referred to in subsection (2).
Accessible Transportation for Persons with Disabilities Regulations — 27
Non-application — certain aircraft 27 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: (a) paragraph 35 (k); and (b) if the aisle width between passenger seats is not sufficient to accommodate the use of an on-board wheelchair, paragraph 35 (m).
Accessible Transportation for Persons with Disabilities Regulations — 28
Non-application — certain ferries 28 (1) Section 53 does not apply to a marine carrier in respect of a transportation service provided by means of a ferry if the carrier does not offer assigned passenger seats to passengers. Clarification — adjacent passenger seats (2) Despite subsections 50 (2) and 51 (4) and section 52 , if a marine carrier does not offer assigned passenger seats to passengers on a ferry and a person with a disability needs a passenger seat that has an adjacent passenger seat available for their use because of the nature of their disability or for use by their support person or service dog, it is the responsibility of the person with a disability to find such a passenger seat on the ferry.
Accessible Transportation for Persons with Disabilities Regulations — 29
Non-application — certain buses 29 This Part does not apply to a bus carrier in respect of any of the following transportation services: (a) a transportation service provided by means of a bus that has not more than 39 passenger seats; (b) a transportation service that is a charter service. SOR/2021-9, s. 5
Accessible Transportation for Persons with Disabilities Regulations — 30
No contravention of this Part 30 No person contravenes this Part by reason only that they fail to provide a service that is requested by a person with a disability if the service was to have been provided after the departure of the means of transportation and before its arrival at a terminal and there were no members of personnel on board who provide services to passengers other than the member of personnel who was operating the means of transportation.
Accessible Transportation for Persons with Disabilities Regulations — 31
Prohibition 31 (1) Subject to subsection (2), it is prohibited for a carrier to impose a fare or any other charge 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 50 , 51 or 52 if that service is provided by the carrier for the purpose of a transportation service between Canada and a foreign country.
Accessible Transportation for Persons with Disabilities Regulations — 32
At least 48 hours 32 (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. Exceptions (2) However, if a person with a disability makes a request for a service referred to in any of paragraphs 35 (a), (b), (g), (i) to (l) and (n) to (r) or section 37 or 38 less than 48 hours before the scheduled time of departure, the carrier must provide the service. Exception — certain conditions (3) Subsection (1) does not apply if (a) a person with a disability makes a request for a service set out in this Part, other than a service referred to in subsection (2), less than 96 hours before the scheduled time of departure; (b) at the time that the request is made, the carrier informs the person that information or documents are required to permit the carrier to assess their request and the person must provide them within 48 hours; and (c) either (i) the person does not provide the information or documents required by the carrier within the period of 48 hours or the information and documents provided are not reasonably sufficient to permit the carrier to assess the request, or (ii) the carrier is not able to complete its assessment of the request within a period of 48 hours because it includes at least one day that is not a business day. No advance notice (4) Despite subsections (1) and (3), the carrier must make every reasonable effort to provide a service requested by a person with a disability even if the person does not comply with a requirement set out in those subsections. SOR/2021-9, s. 6
Accessible Transportation for Persons with Disabilities Regulations — 33
Required information 33 (1) If a person with a disability requests a service set out in this Part, except a service referred to in any of paragraphs 35 (a), (b), (g), (i) to (l) and (n) to (r) or section 37 or 38 , a carrier may require that the person provide any information or documents, including a medical certificate, that are reasonably necessary to permit the carrier to assess the person’s request. Reasonable effort (2) A carrier must make every reasonable effort to provide a service requested by a person with a disability even if the person does not provide any information or documents that are requested by the carrier, including any information or documents that are referred to in subsection (1) or paragraph 41(2)(a) or 51(2)(a) or (b). SOR/2021-9, s. 7
Accessible Transportation for Persons with Disabilities Regulations — 34
Conditions for priority boarding 34 (1) A carrier must permit a person with a disability, on request, to board in advance of other passengers if (a) the person has requested assistance with boarding, locating their passenger seat or cabin, transferring between a mobility aid and their passenger seat or storing carry-on baggage; (b) in the case where the person is blind or has any other visual impairment, the person has requested a description of the layout of the aircraft, train, ferry or bus, as the case may be, or of the location and operation of operating controls at the person’s passenger seat; or (c) in the case where the person is disabled due to a severe allergy, the person has requested to clean their passenger seat to remove any potential allergens. Requirement to board (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 members of personnel to provide that assistance, to board before the other passengers or, if the person arrives at the boarding area after the end of priority boarding, to board after the other passengers.
Accessible Transportation for Persons with Disabilities Regulations — 35
(v) assisting the person, after disembarkation, in proceeding to a location where the person may receive assistance to proceed to the curbside zone from a member of the terminal operator‘s personnel; and (w) assisting the person, if they are transferring to another segment of their trip at the same terminal, in proceeding to a location where the person may receive assistance from a member of the receiving carrier’s personnel. SOR/2021-9, s. 8
Accessible Transportation for Persons with Disabilities Regulations — 36
Bus transportation — services 36 (1) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability who is using a mobility aid, provide the following services: (a) if the bus is not equipped with a washroom that accommodates a person using a mobility aid and any support person, stopping the bus, at least every two and a half hours, at a rest stop with such a washroom or at a rest stop chosen by the person under paragraph 54 (2)(b); (b) allowing the person an adequate amount of time to use washrooms at rest stops, taking into account the additional time that is required for the person to board and disembark from the bus; and (c) permitting the person to board or disembark at a stop of their choice if the member of personnel who is operating the bus considers it safe to do so and, if not, informing the person of the location of the closest safe stop. Additional services (2) A bus carrier must ensure that members of personnel on board the bus, on the request of a person with a disability, without delay, assist the person with their baggage and provide the following services: (a) assisting the person, at any stops, with boarding and disembarking; and (b) assisting the person to proceed to the stop, including by guiding the person and by assisting with the person’s wheelchair. SOR/2021-9, s. 9
Accessible Transportation for Persons with Disabilities Regulations — 37
Persons not independently mobile 37 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 members of personnel (a) provide the person with a place to wait that is close to members of personnel who are available to provide assistance to the person; and (b) 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.
Accessible Transportation for Persons with Disabilities Regulations — 38
Request for assistance 38 Unless a person with a disability is able to request assistance from members of personnel by means of a call button, the carrier must ensure that members of 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.
Accessible Transportation for Persons with Disabilities Regulations — 39
Personal electronic device 39 A carrier that is subject to the requirements set out in section 81 , 117 , 164 or 205 must, on the request of a person with a disability, provide to the person, for their use while on board, a personal electronic device that is referred to in that section.
Accessible Transportation for Persons with Disabilities Regulations — 40
Priority baggage 40 (1) Subject to sections 44 to 47 , a carrier must, on the request of a person with a disability who needs a mobility aid during travel, accept the mobility aid for transport as priority baggage. Option to retain (2) The carrier must permit the person to retain their mobility aid until it becomes necessary to store it.
Accessible Transportation for Persons with Disabilities Regulations — 41
Services 41 (1) A carrier must provide the following services to a person with a disability who uses a mobility aid: (a) if it is necessary in order to make room for the storage of that mobility aid, removing any cargo and other baggage from storage; (b) if the mobility aid needs to be disassembled and packaged in order to store it, disassembling and packaging the mobility aid and, on arrival at the person’s destination, unpackaging and reassembling it; and (c) returning the mobility aid to the person on arrival at the destination without delay. Disassembly and reassembly (2) A carrier may require a person who requests the service referred to in paragraph (1)(b) to do any of the following: (a) provide the carrier with written instructions for the disassembly and reassembly of the mobility aid; and (b) check in or arrive at the boarding area before the scheduled time for check-in or boarding. SOR/2021-9, s. 10
Accessible Transportation for Persons with Disabilities Regulations — 42
On-board storage — trains or ferries 42 A rail or marine carrier must permit a person with a disability who uses a mobility aid to store their mobility aid on board the train or ferry.
Accessible Transportation for Persons with Disabilities Regulations — 43
On-board storage — aircraft or buses 43 An air or bus carrier must make every reasonable effort to permit a person with a disability who uses a walker or manual folding wheelchair to store it on board the aircraft or bus. SOR/2021-9, s. 11
Accessible Transportation for Persons with Disabilities Regulations — 44
Refused transportation — aircraft 44 An air carrier may refuse to transport a person’s mobility aid if (a) the size of the door to the aircraft’s baggage compartment or the size of the aircraft’s baggage compartment is not large enough to accommodate the mobility aid; (b) it would jeopardize aircraft airworthiness; or (c) the weight or size of the mobility aid exceeds the capacity of the lift or ramp.
Accessible Transportation for Persons with Disabilities Regulations — 45
Refused transportation — trains 45 A rail carrier may refuse to transport a person’s mobility aid if (a) the doorways and turning radii of every passenger rail car and the doors of every baggage car are not large enough to accommodate the mobility aid; (b) the weight or size of the mobility aid exceeds the capacity of the lift or ramp; or (c) the person must remain in the mobility aid in order to board the train and the combined weight of the person and the mobility aid exceeds the capacity of the lift or ramp.