Accessible journey placed on maintain by COVID-19 – Coronavirus (COVID-19) – Canada – Mondaq Information Alerts

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Canada:

Accessible journey placed on maintain by COVID-19

August 06, 2020

Alexander Holburn Beaudin + Lang LLP

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Accessible transportation for folks with disabilities
The laws (the "Regulations") have been revealed in June
25, 2019, the vast majority of its provisions to enter
efficient June 25, 2020.

The regulation applies to main airways (outlined as
carrying at the very least 1,000,000 passengers in every of the 2
earlier years) working in Canada, from Canada to
vacation spot in another country, or from a vacation spot in a
international nation in Canada. The regulation additionally applies to operators
Canadian airports the place at the very least 200,000 passengers have boarded and
landed in every of the previous two years or are positioned in a
capital of the province. We now have mentioned the impact of this regulation in
our earlier weblog put up which might be seen right here.

The outbreak of the COVID-19 pandemic has had a
impression on all aspects of air journey and this has posed immense
monetary and operational challenges for air operators. In
recognition of the difficulties encountered by the transport service
suppliers throughout this era, the Canadian Transportation Company
issued Accessible Transportation for Folks with Disabilities
Claims Exemption Order SOR / 2020-125 (the
"Exemption order"). The exemption order has been accepted by
the Governor Common in Council on the advice of
Minister of Transport and entered into power on June 25, 2020.

The exemption order gives that air carriers are exempt from
sure provisions of the laws till December 31, 2020. For
Canadian air carriers, exempt provisions embrace:

the requirement that the knowledge
regarding any service or set up associated to move
accessible to the general public is accessible in digital, paper,
the audio or visible codecs wanted to assist folks
disabled;

the requirement to make sure that all the pieces
web site operated and made accessible to the general public, together with
cellular web site, meets sure compliance necessities underneath Net
Content material accessibility pointers;

employees coaching in
the necessities of the Regulations and the air service
insurance policies and procedures in direction of folks
disabled;

coaching of employees offering
bodily help, orientation and transfers involving mobility
AIDS;

coaching of dealing with personnel
mobility aids and use or help with particular gear;
and

the place an plane has one on board
leisure system that doesn’t supply closed captioning, the
obligation to supply private digital units on request
that present the identical or comparable leisure content material with
subtitles.

All air carriers, each international and home, are additionally exempt
(till December 31, 2020) of the requirement to supply in writing
affirmation of the companies to be supplied to an individual
a handicap on their itinerary and to suggest to retain a
digital copy of the knowledge for at the very least three years.

Trying ahead to

Carriers ought to be certain that they adjust to
the remainder of the regulation entered into power on June 25,
2020, and weren’t topic to the exemption order. Carriers ought to
Additionally be sure that they’ll have insurance policies and procedures in place for
adjust to exempted provisions by December 31, 2020.
Violation of sure provisions of the Guidelines might lead to
in administrative financial penalties of as much as CAN $ 250,000.

The Canadian Transportation Company additionally held consultations
on the deliberate part II of the accessibility regulation
necessities for small carriers (airways carrying lower than
1,000,000 passengers in every of the earlier two years). the
the session interval is now over and CTA is analyzing the
enter obtained. CTA will then put together the proposals
laws. The OTC stated the goal is Section II of
regulation have to be in place by summer season 2021.

Initially revealed July 31, 2020.

The content material of this text is meant to supply an
matter information. Recommendation from a specialist ought to be sought
in your specific state of affairs.

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