Letter Decision No. LET-AT-A-21-2024

Summary

The Canadian Transportation Agency (Agency) received an application from the Canada Border Services Agency (CBSA), requesting a permanent exemption from subsection 235(1) of the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) pursuant to subsection 170(4) of the Canadian Transportation Act (CTA).

Although the CBSA has framed its request broadly for a permanent exemption from the provisions of subsection 235(1) of the ATPDR, the Agency finds, for the reasons set out below, that:

• the CBSA has only substantiated its request for an exemption from the tactile signage requirement under paragraph 235(1)(d) of the ATPDR; and
• subsection 170(4) of the CTA only permits the Agency to grant an exemption for a period of up to three years.

Accordingly, the Agency will only consider whether to grant a three-year exemption from the tactile signage requirement under paragraph 235(1)(d) of the ATPDR.

Background

The CBSA filed an application on October 23, 2023, for an exemption from subsection 235(1) of the ATPDR, which requires the CBSA to ensure that the signage under its control is accessible to persons with disabilities. It filed further information to supplement its application on January 16, 2024.

The CBSA submits that its regulatory signage contains a great deal of information, and may not be accessible to passengers with visual impairments due to the signs’ location or a passenger’s ability to read the content. In addition to this, CBSA raises concerns about Braille being too low to the ground to be readily accessible for some signage, and the potential for messages to be distorted in other signage as a result of the sign being fabricated in pieces and butted together due to its size when raised text and Braille are added.

To address these challenges, CBSA submits that it has developed an alternative approach using a tactile booklet which presents all of the regulatory information displayed in a customs hall in a single reference for passengers to read. Each booklet is made out of rigid, durable material, and includes large print, raised print and Braille versions of each regulatory sign, in both official languages. In addition, the booklets use a high-contrast colour scheme for improved readability that consists of a black background with yellow text for titles and white text for informative descriptions.

The law

Part V of the CTA gives the Agency powers to protect and advance the fundamental right of persons with disabilities to an accessible federal transportation network. These powers include the authority, under subsection 170(1) of the CTA, to make regulations for the purpose of identifying or removing barriers or preventing new barriers – particularly barriers in the built environment, information and communication technologies and the delivery of programs and services – in the federal transportation network.

Pursuant to subsection 170(1) of the CTA, the Agency promulgated the ATPDR, which provide a set of clear, consistent, specific and legally binding accessibility requirements for federal transportation service providers including large carriers and terminals, as well as the CBSA and the Canadian Air Transport Security Authority (CATSA).

Subsection 235(1) of the ATPDR addresses accessible signage, and sets out:

In any areas of a terminal that are used for the purposes of security screening or border clearance of passengers, CATSA and the CBSA must, with respect to any signage that is under their respective control, ensure that the signage

(a) is located at strategic points throughout those areas, such as close to washrooms and exits;

(b) is positioned to avoid shadow areas and glare and have a glare-free surface;

(c) is colour-contrasted with its background; and

(d) except in the case of electronic signage, meets the requirements set out in clauses 4.5.3 to 4.5.7 of CSA B651-18.

Clauses 4.5.3 to 4.5.7 of CSA B651-18 addresses the following elements related to signage in existing infrastructure:

• characters, including the sizing and colour-contrasting;
• pictograms and symbols;
• illumination;
• tactile signage, including the location of tactile signage; and,
• the symbol of accessibility.

The CSA B651-18 standards are incorporated into the ATPDR as amended from time to time. As such, CBSA’s application will be assessed on the basis of the most current standard, CSA B651:23. The requirements contained in subsection 235(1)(d) of the ATPDR correspond to clauses 4.6.3 to 4.6.7 in CSA B651:23.

Subsection 170(4) of the CTA states that:

On application and after consulting with the Minister, the Agency may, by order, on any terms that it considers necessary,

(a) exempt a person from the application of regulations made under subsection (1) if the Agency is satisfied that the person has taken or will take measures—at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted—to remove barriers or to prevent new barriers;

….

The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.

Analysis and findings

Subsection 235(1) of the ATPDR sets out broad requirements to improve the general accessibility of signage to all persons with disabilities. While the tactile signage requirement under paragraph 235(1)(d) is specifically designed to address the needs of persons who are blind or who have a visual impairment, the other requirements ensure the readability of information on signage for all persons with disabilities, including, for example, those who are colour blind, who use mobility aids, who have cognitive disabilities, as well as seniors. In fact, accessible signage makes it easier for all persons to obtain necessary information in a timely fashion. Relieving the CBSA of these broader obligations could result in the information on its signage being less accessible to persons with disabilities, contrary to the intent of both the CTA and the ATPDR.

Finally, and most importantly, while the CBSA has requested an exemption from subsection 235(1) of the ATPDR in its entirety, it has not explained how its proposed tactile booklet meets the requirements of paragraphs 235(1)(a) to (c) of the ATPDR or the requirements under paragraph 235(1)(d) that are not related to tactile signage.

Conclusion

In light of the above, the Agency finds that the CBSA has not substantiated its request for an exemption from subsection 235(1) of the ATPDR in its entirety, and the Agency will therefore only consider a three-year exemption from the tactile signage requirement under paragraph 235(1)(d) of the ATPDR.

As a next step, the Agency will consult with stakeholders regarding whether the CBSA’s proposed tactile booklet is at least equivalent to the tactile signage requirement under paragraph 235(1)(d). The Agency will consider the feedback received before issuing its final determination on whether to grant the CBSA a three-year exemption from that requirement.