Exemptions to Accessible Transportation Rules

Summary#

The Accessible Transportation for Persons with Disabilities Regulations Application Exemption Order (SOR/2020-125) gives short-term relief from some requirements in the Accessible Transportation for Persons with Disabilities Regulations. It takes effect on June 25, 2020 and pauses certain obligations for some carriers and terminals until December 31, 2020 (the Order is repealed on January 1, 2021). The measure was made by the Canadian Transportation Agency in response to COVID‑19 impacts.

What it does#

• Temporarily exempts specific parts of the Accessible Transportation for Persons with Disabilities Regulations for certain providers. The exemptions focus on a small set of requirements, mainly about technology, training and some facility changes.
• For air carriers the order delays things like:
  • making websites meet Level AA Web Content Accessibility Guidelines,
  • providing information in alternative formats,
  • developing new training programs with the disability community,
  • offering accessible personal electronic devices when in‑seat entertainment is not accessible,
  • providing written confirmations of requested services and retaining certain health information.
• For marine carriers it delays:
  • new training developed with the disability community,
  • providing accessible personal electronic devices on ferries where needed.
• For bus carriers it delays:
  • website accessibility (Level AA),
  • new training with the disability community,
  • accessible personal electronic devices on buses when required.
• For some terminal operators it delays:
  • website accessibility and some public‑announcement formatting,
  • parts of training requirements,
  • creating or operating curbside assistance for arriving/departing passengers,
  • installing designated relief areas for service dogs.
• The exemptions cover only a handful of the over 200 sections in the Regulations. Most other requirements in the Regulations still come into force as scheduled.

Who's affected#

• The exemptions were aimed at federally regulated providers that asked for temporary relief. The Regulatory Impact Analysis identified about:
  • 42 air terminals,
  • 12 air carriers,
  • 7 marine carriers,
  • 2 bus carriers,
  • and 11 small businesses (mainly airport operators and ferry providers).
• Air carriers counted are generally those that carried 1 million or more passengers in each of the previous two years; changes to passenger numbers in 2020 could affect which carriers remain in scope when the exemptions end.
• People with disabilities who use air, ferry, bus or terminal services may notice a delay in some accessibility improvements for the exemption period.
• The Canadian Transportation Agency and the transport industry are the government and business actors implementing and adjusting to the exemptions.

Why it matters#

• The government says the exemptions are a short, targeted response to COVID‑19. Carriers and terminals argued the pandemic made it hard to finish IT work, training and some construction on time.
• For travellers with disabilities, the delay means some accessibility improvements (better websites, new staff training, certain on‑board or terminal services) may not be available until after December 31, 2020.
• For carriers and small operators, the extra time offers financial and operational relief during a period of very low travel demand.
• The Order does not pause the broader duty to accommodate persons with disabilities under existing law, and most of the Regulations still apply as of June 25, 2020.