A plain language summary of the Accessible Transportation Planning and Reporting Regulations
ASL version of Introduction
The Accessible Canada Act (ACA) came into effect on July 11, 2019.
To remove and prevent barriers in matters falling within federal jurisdiction, including transportation, the ACA sets out three planning and reporting requirements:
- Regulated entities must publish accessibility plans every three years. The plans have to describe their policies, programs, practices, and services for identifying, removing, and preventing barriers in the priority areas set out in the ACA.
- Regulated entities must have a feedback process so that persons with disabilities can inform them of barriers.
- Regulated entities must publish progress reports that give updates on how they are doing with their accessibility plans and any feedback they have received.
We have new rules that specify how these requirements apply to transportation service providers (TSPs). These rules are called the Accessible Transportation Planning and Reporting Regulations (ATPRR).
What does the ATPRR say?
ASL version of What does the ATPRR say?
Here are some things the ATPRR tell transportation service providers (TSP):
- Who is captured by the regulations;
- When they have to publish their accessibility plans and progress reports;
- What needs to be in a TSP’s accessibility plan, feedback process and in their progress report;
- How the accessibility plans, the description of feedback process, and the progress reports need to be published. This includes requirements for alternate formats; and,
- TSPs must consult persons with disabilities when preparing their accessibility plan and progress report;
What is an Accessibility Plan?
ASL version of What is an Accessibility Plan?
Accessibility plans set out the steps that TSPs will take to improve accessibility during a three-year period. The
Accessibility plans must set out how the TSP will identify, remove and prevent barriers in six priority areas:
- Information and communication technologies (ICT);
- Communication other than ICT;
- The procurement of goods, services and facilities;
- The design and delivery of programs and services;
- Transportation; and,
- The built environment.
An accessibility plan must identify all of the CTA accessibility-related provisions of regulations that apply to the TSP.
An accessibility plan must also set out information on how a TSP consulted with persons with disabilities when preparing its accessibility plan.
How can feedback be submitted to a TSP?
ASL version of How can feedback be submitted to a TSP?
TSPs must accept feedback that is provided in any way that the TSP communicates with the public. This must include:
- In person;
- By mail;
- By telephone; and,
- By email.
If a TSP uses other electronic ways to communicate with the public, such as social media platforms, it must also accept feedback in those ways. Therefore, a TSP must accept and acknowledge feedback received by Facebook, Twitter, Instagram, and other social media platforms it uses.
A TSP must let the person know that it received their feedback. They must do so in the same way that the feedback was sent to them.
TSPs must accept feedback that is provided anonymously. A TSP does not need to confirm to an anonymous sender that their feedback was received.
In its description of its feedback process, a TSP must provide information about how a person can submit feedback.
What is a progress report?
ASL version of What is a progress report?
A progress report gives an update about how a TSP is doing in meeting its accessibility plan, and any other accessibility-related progress it has made that was not in its plan.
Progress reports must include information about the feedback the TSP received from persons with disabilities.
Are the regulations for every transportation service provider?
ASL version of Are the regulations for every transportation service provider?
The ATPRR apply to all transportation service providers that operate in the federal transportation network and that are required to comply with any CTA accessibility-related regulations.
How will the regulations be enforced?
ASL version of How will the regulations be enforced?
In a situation where a TSP has violated a transportation-related provision of the ACA, a designated enforcement officer of the CTA may issue a warning or an administrative monetary penalty (AMP) that the TSP must pay.
The amount of the penalty for each violation, can be up to $250,000.
The CTA may, upon request by a TSP, enter into a compliance agreement for the purpose of ensuring the TSP’s compliance with its legal obligations.
When and how should a TSP send their notice of publication to the Agency?
ASL version of When and how should a TSP send their notice of publication to the Agency?
- A TSP must notify the Canadian Transportation Agency within 48 hours of publication of each version of its accessibility plan, description of feedback process and progress report.
- In the notice, a TSP must include:
- a hyperlink to the URL of the plan;
- for TSPs who do not communicate information to the public using a digital platform, the addresses of the publicly accessible business locations where a print copy of the accessibility plan is available.
- a hyperlink to the URL of the plan;
- TSPs should submit their notice to the CTA using the following email address: OTC.REPRTA-ATPRR.CTA@otc-cta.gc.ca.
Do international regulated entities include employees not based in Canada when determining what class they fall under?
ASL version of Do international regulated entities include employees not based in Canada when determining what class they fall under?
End of ASL videos - FAQs: Accessible Transportation Planning and Reporting Regulations
With respect to determining which of the four established classes in the ATPRR that an international regulated entity would fall under, while the word "employee" as defined in the ATPRR excludes students from being considered as employees, the definition does not exclude employees not based in Canada. As such, for the purposes of the ATPRR, the total number of employees of a regulated entity is counted, regardless of whether they are Canadian or foreign employees. Accordingly, a foreign carrier who operates to, from, or within Canada, and that employs at least 10 employees both in Canada and abroad, would be subject to the requirements of the ATPRR.