ONTARIO REGULATION 191/11

Integrated Regulation
Note: Latest amendments, December 22, 2012 Amending O. Reg. 191/11

Table of Contents

Part I

General

Part II

Information and Communications Standards

Part III

Employment Standards

Part IV

Ttransportation Standards

Conventional and Specialized Transportation Service Providers, General
Conventional and Specialized Transportation Service Providers, Accessibility Plans
Conventional Transportation Service Providers, General
Conventional Transportation Service Providers, Technical Requirements
Specialized Transportation Service Providers
Other Transportation Services
Duties of Municipalities and Taxicabs

Part IV.1 Design of Public Spaces Standards (Accessibility Standards for the Built Environment)

Recreational Trails and Beach Access Routes, General

80.9 Technical requirements for trails, general

Technical Requirements for Beach Access Routes

80.10 Technical requirements for beach access routes, general

Technical Requirements Common to Recreational Trails and Beach Access Routes

Exceptions to the Requirements for Recreational Trails and Beach Access Routes

Outdoor Public Use Eating Areas

Outdoor Play Spaces

Exterior Paths of Travel

Accessible Parking

Obtaining Services

Maintenance

80.44 Maintenance of accessible elements

Part V

Compliance

Schedule 1 Broader public sector

Part I

General

Purpose and Application

1. (1) This Regulation establishes the accessibility standards for each of information and communications, employment and transportation.

(2) The requirements in the standards set out in this Regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.

(3) Except as otherwise provided in this Regulation, this Regulation applies to the Government of Ontario, the Legislative Assembly, every designated public sector organization and to every other person or organization that provides goods, services or facilities to the public or other third parties and that has at least one employee in Ontario.

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Definitions

2. In this Regulation,

“accessible formats” may include, but are not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities; (“format accessible”)

“communication supports” may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications; (“aides à la communication”)

“designated public sector organization” means every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies — Definitions) made under the Public Service of Ontario Act, 2006 or described in Schedule 1 to this Regulation; (“organisation désignée du secteur public”)

“Government of Ontario” includes the executive of the government and operational branches, including every ministry of the Government of Ontario and the Office of the Premier; (“gouvernement de l’Ontario”)

“large designated public sector organization” means a designated public sector organization with 50 or more employees; (“grande organisation désignée du secteur public”)

“large organization” means an obligated organization with 50 or more employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization; (“grande organisation”)

“Legislative Assembly” includes the Office of the Assembly, the offices of members of the Assembly, including their constituency offices and the offices of persons appointed on the address of the Assembly; (“Assemblée législative”)

“obligated organization” means the Government of Ontario, the Legislative Assembly, a designated public sector organization, a large organization and a small organization to which the standards in this Regulation apply; (“organisation assujettie”)

“small designated public sector organization” means a designated public sector organization with at least one but fewer than 50 employees; (“petite organisation désignée du secteur public”)

“small organization” means an obligated organization with at least one but fewer than 50 employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization. (“petite organisation”)

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Establishment of Accessibility Policies

3. (1) Every obligated organization shall develop, implement and maintain policies governing how the organization achieves or will achieve accessibility through meeting its requirements referred to in this Regulation.

(2) Obligated organizations, other than small organizations, shall include a statement of organizational commitment to meet the accessibility needs of persons with disabilities in a timely manner in their policies.

(3) The Government of Ontario, the Legislative Assembly, every designated public sector organization and large organizations shall,

(4) Obligated organizations shall meet the requirements of this section according to the following schedule:

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Accessibility Plans

4. (1) The Government of Ontario, Legislative Assembly, designated public sector organizations and large organizations shall,

(2) The Government of Ontario, Legislative Assembly and designated public sector organizations shall establish, review and update their accessibility plans in consultation with persons with disabilities and if they have established an accessibility advisory committee, they shall consult with the committee.

(3) The Government of Ontario, Legislative Assembly and designated public sector organizations shall,

(4) The Government of Ontario, Legislative Assembly, designated public sector organizations and large organizations shall meet the requirements of this section according to the following schedule:

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Procuring or Acquiring Goods, Services or Facilities

5. (1) The Government of Ontario, Legislative Assembly and designated public sector organizations shall incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, except where it is not practicable to do so.

(2) If the Government of Ontario, Legislative Assembly or a designated public sector organization determines that it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, it shall provide, upon request, an explanation.

(3) The Government of Ontario, Legislative Assembly and designated public sector organizations shall meet the requirements of this section in accordance with the following schedule:

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Self-service Kiosks

6. (1) Without limiting the generality of section 5, the Government of Ontario, Legislative Assembly and designated public sector organizations shall incorporate accessibility features when designing, procuring or acquiring self-service kiosks.

(2) Large organizations and small organizations shall have regard to the accessibility for persons with disabilities when designing, procuring or acquiring self-service kiosks.

(3) The Government of Ontario, Legislative Assembly and designated public sector organizations shall meet the requirements of this section in accordance with the schedule set out in subsection 5 (3).

(4) Large organizations shall meet the requirements under subsection (2) as of January 1, 2014 and small organizations shall meet the requirements as of January 1, 2015.

(5) In this section,

“kiosk” means an interactive electronic terminal, including a point-of-sale device, intended for public use that allows users to access one or more services or products or both.

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Training

7. (1) Every obligated organization shall ensure that training is provided on the requirements of the accessibility standards referred to in this Regulation and on the Human Rights Code as it pertains to persons with disabilities to,

(2) The training on the requirements of the accessibility standards and on the Human Rights Code referred to in subsection (1) shall be appropriate to the duties of the employees, volunteers and other persons.

(3) Every person referred to in subsection (1) shall be trained as soon as practicable.

(4) Every obligated organization shall provide training in respect of any changes to the policies described in section 3 on an ongoing basis.

(5) The Government of Ontario, the Legislative Assembly, every designated public sector organization and every large organization shall keep a record of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided.

(6) Obligated organizations shall meet the requirements of this section in accordance with the following schedule:

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Exemption from Filing Accessibility Reports

8. (1) Small organizations are exempted from the requirement to file accessibility reports under section 14 of the Act with respect to the accessibility standards in this Regulation.

(2) The following are the reasons for the exemption:

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Part II

Information and Communications Standards

Definitions and Exceptions

9. (1) In this Part,

“communications” means the interaction between two or more persons or entities, or any combination of them, where information is provided, sent or received; (“communications”)

“conversion ready” means an electronic or digital format that facilitates conversion into an accessible format; (“prêt à être converti”)

“information” includes data, facts and knowledge that exists in any format, including text, audio, digital or images, and that conveys meaning. (“information”)

(2) The information and communications standards do not apply to the following:

(3) If an obligated organization determines that information or communications are unconvertible, the organization shall provide the person requesting the information or communication with,

(4) For the purposes of this Part, information or communications are unconvertible if,

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Application

10. Sections 9, 11, 12 and 13 apply to all obligated organizations.

Feedback

11. (1) Every obligated organization that has processes for receiving and responding to feedback shall ensure that the processes are accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communications supports, upon request.

(2) Nothing in this section detracts from the obligations imposed under section 7 of Ontario Regulation 429/07 (Accessibility Standards for Customer Service) made under the Act.

(3) Every obligated organization shall notify the public about the availability of accessible formats and communication supports.

(4) Obligated organizations shall meet the requirements of this section in accordance with the following schedule:

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Accessible Formats and Communication Supports

12. (1) Except as otherwise provided, every obligated organization shall upon request provide or arrange for the provision of accessible formats and communication supports for persons with disabilities,

(2) The obligated organization shall consult with the person making the request in determining the suitability of an accessible format or communication support.

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(3) Every obligated organization shall notify the public about the availability of accessible formats and communication supports.

(4) Every obligated organization that is required to provide accessible formats or accessible formats and communication supports by section 3, 4, 11, 13, 19, 26, 28, 34, 37, 44 or 64 shall meet the requirements of subsections (1) and (2) but shall do so in accordance with the schedule set out in the referenced section and shall do so only to the extent that the requirements in subsections (1) and (2) are applicable to the requirements set out in the referenced section.

(5) Obligated organizations shall meet the requirements under this section in accordance with the following schedule:

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Emergency Procedure, Plans Or Public Safety Information

13. (1) In addition to its obligations under section 12, if an obligated organization prepares emergency procedures, plans or public safety information and makes the information available to the public, the obligated organization shall provide the information in an accessible format or with appropriate communication supports, as soon as practicable, upon request.

(2) Obligated organizations that prepare emergency procedures, plans or public safety information and make the information available to the public shall meet the requirements of this section by January 1, 2012.

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Accessible Websites and Web Content

14. (1) The Government of Ontario and the Legislative Assembly shall make their internet and intranet websites and web content conform with the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0, at Level AA, and shall do so in accordance with the schedule set out in this section.

(2) Designated public sector organizations and large organizations shall make their internet websites and web content conform with the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0, initially at Level A and increasing to Level AA, and shall do so in accordance with the schedule set out in this section.

(3) The Government of Ontario and the Legislative Assembly, for both their internet and intranet sites, shall meet the requirements in this section in accordance with the following schedule:

(4) Designated public sector organizations and large organizations for their internet websites shall meet the requirements of this section in accordance with the following schedule:

(5) Except where meeting the requirement is not practicable, this section applies,

(6) In determining whether meeting the requirements of this section is not practicable, organizations referenced in subsections (1) and (2) may consider, among other things,

(7) In this section,

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Educational and Training Resources and Materials, etc.

15. (1) Every obligated organization that is an educational or training institution shall do the following, if notification of need is given:

(2) For the purposes of this section and sections 16, 17 and 18, an obligated organization is an educational or training institution if it falls into one of the following categories:

(3) Obligated organizations to which this section applies shall meet the requirements of this section in accordance with the following schedule:

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Training to Educators

16. (1) In addition to the requirements under section 7, obligated organizations that are school boards or educational or training institutions shall provide educators with accessibility awareness training related to accessible program or course delivery and instruction.

(2) Obligated organizations that are school boards or educational or training institutions shall keep a record of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided.

(3) Obligated organizations to which this section applies shall meet the requirements in this section in accordance with the following schedule:

(4) In this section,

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Producers of Educational or training material

17. (1) Every obligated organization that is a producer of educational or training textbooks for educational or training institutions shall upon request make accessible or conversion ready versions of the textbooks available to the institutions.

(2) Every obligated organization that is a producer of print-based educational or training supplementary learning resources for educational or training institutions shall upon request make accessible or conversion ready versions of the printed materials available to the institutions.

(3) Obligated organizations to which this section applies shall meet the requirements of this section in accordance with the following schedule:

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Libraries of Educational and training Institutions

18. (1) Subject to subsection (2) and where available, the libraries of educational or training institutions that are obligated organizations shall provide, procure or acquire by other means an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability, upon request.

(2) Special collections, archival materials, rare books and donations are exempt from the requirements of subsection (1).

(3) Obligated organizations to which this section applies shall meet the requirements under this section in accordance with the following schedule:

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Public Libraries

19. (1) Every obligated organization that is a library board shall provide access to or arrange for the provision of access to accessible materials where they exist.

(2) Obligated organizations that are library boards shall make information about the availability of accessible materials publicly available and shall provide the information in accessible format or with appropriate communication supports, upon request.

(3) Obligated organizations that are library boards may provide accessible formats for archival materials, special collections, rare books and donations.

(4) Obligated organizations that are library boards shall meet the requirements of this section by January 1, 2013.

(5) For the purposes of this section,

“library board” means a board as defined in the Public Libraries Act, a public library service established under the Northern Services Boards Act or a county library established under the County of Lambton Act, 1994, being chapter Pr31 of the Statutes of Ontario, 1994, the County of Elgin Act, 1985, being chapter Pr16 of the Statutes of Ontario, 1985, or The County of Lennox and Addington Act, 1978, being chapter 126 of the Statutes of Ontario, 1978.

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Part III

Employment Standards

Scope and Interpretation

20. (1) The standards set out in this Part apply to obligated organizations that are employers and,

(2) In this Part, a reference to an employer is a reference to an obligated organization as an employer unless the context determines otherwise.

Schedule

21. Unless otherwise specified in a section, obligated organizations, as employers, shall meet the requirements set out in this Part in accordance with the following schedule:

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Recruitment, General

22. Every employer shall notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.

Recruitment, Assessment or Selection Process

23. (1) During a recruitment process, an employer shall notify job applicants, when they are individually selected to participate in an assessment or selection process, that accommodations are available upon request in relation to the materials or processes to be used.

(2) If a selected applicant requests an accommodation, the employer shall consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability.

Notice to Successful Applicants

24. Every employer shall, when making offers of employment, notify the successful applicant of its policies for accommodating employees with disabilities.

Informing Employees of Supports

25. (1) Every employer shall inform its employees of its policies used to support its employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.

(2) Employers shall provide the information required under this section to new employees as soon as practicable after they begin their employment.

(3) Employers shall provide updated information to its employees whenever there is a change to existing policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.

Accessible formats and communication supports for employees

26. (1) In addition to its obligations under section 12, where an employee with a disability so requests it, every employer shall consult with the employee to provide or arrange for the provision of accessible formats and communication supports for,

(2) The employer shall consult with the employee making the request in determining the suitability of an accessible format or communication support.

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Workplace Emergency Response Information

27. (1) Every employer shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability.

(2) If an employee who receives individualized workplace emergency response information requires assistance and with the employee’s consent, the employer shall provide the workplace emergency response information to the person designated by the employer to provide assistance to the employee.

(3) Employers shall provide the information required under this section as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability.

(4) Every employer shall review the individualized workplace emergency response information,

(5) Every employer shall meet the requirements of this section by January 1, 2012.

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Documented Individual Accommodation Plans

28. (1) Employers, other than employers that are small organizations, shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.

(2) The process for the development of documented individual accommodation plans shall include the following elements:

(3) Individual accommodation plans shall,

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Return to Work Process

29. (1) Every employer, other than an employer that is a small organization,

(2) The return to work process shall,

(3) The return to work process referenced in this section does not replace or override any other return to work process created by or under any other statute.

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Performance Management

30. (1) An employer that uses performance management in respect of its employees shall take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans, when using its performance management process in respect of employees with disabilities.

(2) In this section,

“performance management” means activities related to assessing and improving employee performance, productivity and effectiveness, with the goal of facilitating employee success.

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Career Development and Advancement

31. (1) An employer that provides career development and advancement to its employees shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans, when providing career development and advancement to its employees with disabilities.

(2) In this section,

“career development and advancement” includes providing additional responsibilities within an employee’s current position and the movement of an employee from one job to another in an organization that may be higher in pay, provide greater responsibility or be at a higher level in the organization or any combination of them and, for both additional responsibilities and employee movement, is usually based on merit or seniority, or a combination of them.

Redeployment

32. (1) An employer that uses redeployment shall take into account the accessibility needs of its employees with disabilities, as well as individual accommodation plans, when redeploying employees with disabilities.

(2) In this section,

“redeployment” means the reassignment of employees to other departments or jobs within the organization as an alternative to layoff, when a particular job or department has been eliminated by the organization.

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Part IV

Transportation Standards

Definitions

33. In this Part,

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Conventional and Specialized Transportation Service Providers, General

Availability of Information on Accessibility Equipment, etc.

34. (1) All conventional transportation service providers and specialized transportation service providers shall make available to the public current information on accessibility equipment and features of their vehicles, routes and services.

(2) Conventional transportation service providers and specialized transportation service providers shall, upon request, provide the information described in subsection (1) in an accessible format.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2012.

NonFunctioning Accessibility Equipment

35. (1) If the accessibility equipment on a vehicle is not functioning and equivalent service cannot be provided, conventional transportation service providers and specialized transportation service providers shall take reasonable steps to accommodate persons with disabilities who would otherwise use the equipment and the transportation service provider shall repair the equipment as soon as is practicable.

(2) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by July 1, 2011.

Accessibility Training

36. (1) In addition to the training requirements set out in section 7, conventional transportation service providers and specialized transportation service providers shall conduct employee and volunteer accessibility training.

(2) The accessibility training shall include training on,

(3) Conventional transportation service providers and specialized transportation service providers shall keep a record of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided.

(4) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

Emergency Preparedness and Response Policies

37. (1) In addition to any obligations that a conventional transportation service provider or a specialized transportation service provider has under section 13, conventional transportation service providers and specialized transportation service providers,

(2) Conventional transportation service providers and specialized transportation service providers shall, upon request, provide the policies described in subsection (1) in an accessible format.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2012.

Fares, Support Persons

38. (1) No conventional transportation service provider and no specialized transportation service provider shall charge a fare to a support person who is accompanying a person with a disability where the person with a disability has a need for a support person.

(2) It is the responsibility of a person with a disability to demonstrate to a transportation service provider described in subsection (1) their need for a support person to accompany them on the conventional or specialized transportation service and to ensure that the appropriate designation for a support person is in place.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

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Transition, Existing Contracts

39. Where a conventional transportation service provider has, on June 30, 2011, existing contractual obligations to purchase vehicles that do not meet the requirements of sections 53 to 62, the transportation service provider may honour the existing contract.

Transition, Existing Vehicles

40. (1) Conventional transportation service providers are not required to retrofit vehicles that are within their fleet as of July 1, 2011 in order to ensure that the vehicles meet the accessibility requirements of sections 53 to 62.

(2) If a conventional transportation service provider modifies a portion of a vehicle to which subsection (1) applies in a way that affects or could affect accessibility on or after July 1, 2011, the transportation service provider shall ensure that the modified portion meets the requirements of sections 53 to 62.

(3) Where subsection (2) applies and the modification is with respect to matters referred to in section 53, 55, 57 or 61 or subsection 62 (2), the conventional transportation service provider does not have to meet the requirements of those provisions if the modifications would impair the structural integrity of the vehicle or the mobility aid accessible rail car.

Conventional and Specialized Transportation Service Providers, Accessibility Plans

Accessibility Plans, Conventional Transportation Services

41. (1) In addition to the accessibility plan requirements set out in section 4, in their accessibility plan, conventional transportation service provider s shall identify the process for managing, evaluating and taking action on customer feedback.

(2) Every conventional transportation service provider shall annually hold at least one public meeting involving persons with disabilities to ensure that they have an opportunity to participate in a review of the accessibility plan and that they are given the opportunity to provide feedback on the accessibility plan.

(3) If the provider of conventional transportation services also provides specialized transportation services, the transportation service provider shall address both types of transportation services in its accessibility plan.

(4) Transportation service providers shall meet the requirements of this section by January 1, 2013.

Accessibility Plans, Specialized Transportation Services

42. (1) Specialized transportation service providers shall, in their accessibility plans,

(2) Specialized transportation service providers shall meet the requirements of this section by January 1, 2013.

Accessibility Plans, Conventional and Specialized Transportation Services

43. (1) Conventional transportation service providers and specialized transportation service providers shall, in their accessibility plans, describe their procedures for dealing with accessibility equipment failures on their respective types of vehicles.

(2) Transportation service providers shall meet the requirements of this section by January 1, 2013.

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Conventional Transportation Service Providers, General

General Responsibilities

44. (1) Conventional transportation service providers shall,

(2) Conventional transportation service providers shall, upon request, make information on the matters referred to in subsection (1) available in an accessible format.

(3) Conventional transportation service providers shall comply with the requirements of this section by January 1, 2012.

(4) In this section,

“medical aid” means an assistive device, including respirators and portable oxygen supplies.

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Alternative Accessible Method of Transportation

45. (1) Except where not practicable to do so, a conventional transportation service provider that does not provide specialized transportation services shall ensure that any person with a disability who, because of his or her disability, is unable to use conventional transportation services is provided with an alternative accessible method of transportation.

(2) Subsection (1) does not apply where specialized transportation services are provided by a specialized transportation service provider in the same jurisdiction where the conventional transportation service provider provides transportation services.

(3) Conventional transportation service providers shall comply with the requirements of this section by January 1, 2013.

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Fares

46. (1) No conventional transportation service provider shall charge a higher fare to a person with a disability than the fare that is charged to a person without a disability where the person with a disability uses conventional transportation services, but a conventional transportation service provider may charge a lesser fare for a person with a disability.

(2) Conventional transportation service providers that do not provide specialized transportation services shall make available alternative fare payment options to persons with disabilities who cannot, because of their disability, use a fare payment option.

(3) Conventional transportation service providers shall meet the requirements of subsection (1) by July 1, 2011 and the requirements of subsection (2) by January 1, 2013.

Transit Stops

47. (1) Conventional transportation service providers, in respect of transportation vehicles to which this section applies, shall ensure that persons with disabilities are able to board or deboard a transportation vehicle at the closest available safe location, as determined by the operator, that is not an official stop, if the official stop is not accessible and the safe location is along the same transit route.

(2) In determining where a safe location may be situated for the purposes of subsection (1), the conventional transportation service provider shall give consideration to the preferences of the person with a disability.

(3) Conventional transportation service providers shall ensure that operators of their transportation vehicles promptly report to an appropriate authority where a transit stop is temporarily inaccessible or where a temporary barrier exists.

(4) This section applies in respect of the following:

(5) Conventional transportation service providers shall meet the requirements of this section by January 1, 2012.

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Storage of Mobility Aids, Etc.

48. (1) Every conventional transportation service provider shall, if safe storage is possible, ensure that mobility aids and mobility assistive devices are stored in the passenger compartments of its transportation vehicles within reach of the person with the disability who uses the aid or device.

(2) If safe storage of mobility aids and mobility assistive devices is not possible within the passenger compartment and the vehicle is equipped with a baggage compartment, a conventional transportation service provider shall ensure that mobility aids and mobility assistive devices are stored in the baggage compartment of the vehicle on which the person with the disability is travelling.

(3) Every conventional transportation service provider shall ensure that operators of its transportation vehicles secure and return mobility aids and mobility assistive devices in a manner that does not affect the safety of other passengers and does not cause damage to the aid or device, where the mobility aid or mobility assistive device is stored in the baggage compartment of the vehicle.

(4) No conventional transportation service provider shall charge a fee for the storage of a mobility aid or a mobility assistive device.

(5) This section applies in respect of the following:

(6) Subject to subsection (7), conventional transportation service providers shall meet the requirements of this section by January 1, 2012.

(7) Conventional transportation service providers shall comply with subsection (4) by July 1, 2011.

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Courtesy Seating

49. (1) Every conventional transportation service provider shall ensure that there is clearly marked courtesy seating for persons with disabilities on its transportation vehicles and that the courtesy seating meets the standards set out in this section.

(2) The courtesy seating for persons with disabilities shall be located as close as practicable to the entrance door of the vehicle.

(3) The courtesy seating for persons with disabilities shall be signed to indicate that passengers, other than persons with disabilities, must vacate the courtesy seating if its use is required by a person with a disability.

(4) Every conventional transportation service provider shall develop a communications strategy designed to inform the public about the purpose of courtesy seating.

(5) This section applies in respect of the following:

(6) Conventional transportation service providers shall meet the requirements of this section by January 1, 2012.

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Service Disruptions

50. (1) Where a route or scheduled service is temporarily changed and the change is known in advance of the commencement of the trip, conventional transportation service providers shall,

(2) This section applies in respect of the following:

(3) Conventional transportation service providers shall meet the requirements of this section by July 1, 2013.

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Pre-Boarding Announcements

51. (1) Every conventional transportation service provider shall ensure that there are, on request, pre-boarding verbal announcements of the route, direction, destination or next major stop.

(2) Every conventional transportation service provider shall ensure that there are electronic pre-boarding announcements of the route, direction, destination or next major stop on its transportation vehicles and that that these announcements satisfy the requirements set out in section 58.

(3) This section applies in respect of the following:

(4) Conventional transportation service providers shall meet the requirements of subsection (1) by July 1, 2011 and the requirements of subsection (2) by January 1, 2017.

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On-Board Announcements

52. (1) Every conventional transportation service provider shall ensure that there are audible verbal announcements of all destination points or available route stops on its transportation vehicles while the vehicle is on route or while the vehicle is being operated.

(2) Every conventional transportation service provider shall ensure that all destination points or available route stops,

(3) For the purposes of clause (2) (b), visual displays of destination points or stop information shall satisfy the requirements set out in section 58.

(4) This section applies in respect of the following:

(5) Conventional transportation service providers shall meet the requirements of subsection (1) by July 1, 2011 and the requirements of subsections (2) and (3) by January 1, 2017.

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Conventional Transportation Service Providers, Technical Requirements

Requirements re Grab Bars, etc.

53. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles to which this section applies that are manufactured on or after January 1, 2013 are equipped with grab bars, handholds, handrails or stanchions that are provided where appropriate at,

(2) With respect to all transportation vehicles to which this section applies, every conventional transportation service provider shall ensure that grab bars, handholds, handrails or stanchions located at an entrance or exit used by a person with a disability are accessible from ground level and are mounted so that they are inside the vehicle when the doors are closed.

(3) Every conventional transportation service provider shall ensure that all vehicles to which this section applies meet the following standards:

(4) This section applies in respect of the following:

(5) Despite subsection (4), this section does not apply to vehicles regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(6) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of a type referenced in subsection (4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

(7) Subsection (6) does not apply if the installation of the grab bars, handholds, handrails or stanchions would impair the structural integrity of the vehicle.

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Floors and Carpeted Surfaces

54. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies,

(2) This section applies in respect of the following:

(3) Despite subsection (2), this section does not apply to vehicles regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(4) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of a type referenced in subsection (2) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

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Allocated Mobility Aid Spaces

55. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies,

(2) Spaces on transportation vehicles that are allocated as mobility aid spaces may be used for other passenger purposes, if not required for use by a person with a disability who uses a mobility aid.

(3) This section applies in respect of the following:

(4) Despite subsection (3), subsection (1) does not apply to vehicles that have two or more allocated mobility aid spaces and that are regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(5) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of a type referenced in subsection (3) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

(6) Subsection (5) does not apply if the installation of mobility aid spaces would impair the structural integrity of the vehicle.

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Stop-Requests and Emergency Response Controls

56. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies are equipped with accessible stop-requests and emergency response controls that are located throughout the transportation vehicle, including places within reach of allocated mobility aid spaces and courtesy seating locations.

(2) Accessible stop-requests and emergency response controls must meet the following standards:

(3) With respect to stop-requests, this section applies to the following:

(4) With respect to emergency response controls, this section applies to the following:

(5) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (3) or (4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

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Lighting Features

57. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies are equipped with lights above or beside each passenger access door that are constantly lit when the door is open and that illuminate the lifting device, ramp, portable bridge plate or step nosings, as the case may be.

(2) The light above or beside each passenger access door must,

(3) This section applies in respect of the following:

(4) Despite subsection (3), this section does not apply to vehicles regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(5) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (3) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

(6) Subsection (5) does not apply if the installation of the lights would impair the structural integrity of the vehicle.

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Signage

58. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies display the route or direction of the transportation vehicle or its destination or next major stop.

(2) For the purposes of subsection (1), the signage displaying the route or direction or destination or next stop may include pictograms or symbols, but the signage must,

(3) Every conventional transportation service provider shall ensure that the signage displaying the route or direction or destination or next stop,

(4) This section applies in respect of the following:

(5) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

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Lifting Devices, etc.

59. (1) Every conventional transportation service provider shall ensure that all of its transportation vehicles manufactured on or after January 1, 2013 to which this section applies are equipped with lifting devices, ramps or portable bridge plates and that each of them has,

(2) This section applies in respect of the following:

(3) Despite subsection (2), this section does not apply to vehicles that are equipped with lifting devices, ramps or portable bridge plates and that are regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(4) Despite subsection (1), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (2) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

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Steps

60. (1) Every conventional transportation service provider shall ensure that where transportation vehicles are equipped with steps, the steps meet the following requirements:

(2) This section applies in respect of the following:

(3) Despite subsection (2), this section does not apply to vehicles regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(4) Conventional transportation service providers shall comply with the requirements of this section in respect of its vehicles to which this section applies that are manufactured on or after January 1, 2013.

(5) Despite subsection (4), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (2) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

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Indicators and Alarms

61. (1) Every conventional transportation service provider shall ensure that where its transportation vehicles have a ramp, lifting device or a kneeling function, each of them is equipped with a visual warning lamp indicator mounted on the exterior near the mobility aid accessible door and with an audible warning alarm.

(2) The visual warning lamp indicator and the audible warning alarm must function when the kneeling function, ramp or lifting device is in motion.

(3) If a ramp or lifting device is being manually operated, no warning lamp indicator or warning alarm is required.

(4) This section applies in respect of the following:

(5) Despite subsection (4), this section does not apply to vehicles regulated under Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Highway Traffic Act.

(6) Conventional transportation service providers shall comply with the requirements of this section in respect of its vehicles to which the section applies that are manufactured on or after January 1, 2013.

(7) Despite subsection (6), where a conventional transportation service provider enters into a contractual obligation to purchase new or used vehicles of the type referenced in subsection (4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the requirements of this section.

(8) Subsection (7) does not apply if the installation of the warning lamp indicator or warning alarm would impair the structural integrity of the vehicle.

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Accessibility, Rail Cars

62. (1) Every conventional transportation service provider whose transportation services include light rail, commuter rail or inter-city rail shall ensure that at least one rail car per train is accessible to persons with disabilities who use mobility aids.

(2) Every conventional transportation service provider whose transportation services include light rail, commuter rail or inter-city rail shall ensure that where washrooms are provided on the rail cars there is at least one mobility aid accessible washroom on the mobility aid accessible rail car.

(3) Conventional transportation service providers shall meet the requirements of subsection (1) by July 1, 2011.

(4) Conventional transportation service providers shall meet the requirements of subsection (2) by January 1, 2013 with respect to trains that are using rail cars manufactured on or after January 1, 2013.

(5) Despite subsection (4), where a conventional transportation service provider enters into a contractual obligation to purchase new or used rail cars on or after July 1, 2011, it shall ensure that trains that are using such rail cars meet the requirements of subsection (2).

(6) Subsection (5) does not apply if the installation of the mobility aid accessible washroom would impair the structural integrity of the mobility aid accessible rail car.

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Specialized Transportation Service Providers

Categories of eligibility

63. (1) Every specialized transportation service provider shall have three categories of eligibility to qualify for specialized transportation services,

(2) For purposes of eligibility for specialized transportation services, specialized transportation service providers shall categorize persons with disabilities as follows:

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Eligibility aAplication Process

64. (1) If a person has completed an application for eligibility for specialized transportation services and the person’s eligibility has not been determined within 14 calendar days after the completed application is received by the specialized transportation service provider, the person shall be considered to have temporary eligibility for specialized transportation services until a decision on his or her eligibility is made.

(2) A specialized transportation service provider shall not charge a fee to persons with disabilities who apply or who are considered eligible for specialized transportation services.

(3) A specialized transportation service provider may require a reassessment of the eligibility of temporarily eligible registrants at reasonable intervals.

(4) A specialized transportation service provider shall, upon the request of the person requesting specialized transportation services, make available to the requester all of his or her specialized transportation services eligibility application and decision information in accessible formats.

(5) A specialized transportation service provider shall establish an independent appeal process to review decisions respecting eligibility.

(6) A specialized transportation service provider shall make a decision on an appeal with respect to eligibility within 30 calendar days after receiving the complete appeal application, but if a final decision is not made within the 30 days, the applicant shall be granted temporary eligibility until a final decision is made.

(7) Specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

(8) A specialized transportation service provider shall have policies respecting the collection, use and disclosure of personal information collected for purposes of determining eligibility under this section.

(9) In this section,

“personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act.

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Emergency or Compassionate Grounds

65. (1) Specialized transportation service providers shall develop procedures respecting the provision of temporary specialized transportation services earlier than in the 14 calendar days referred to in subsection 64 (1),

(2) A person shall apply for the services described in subsection (1) in the manner determined by the specialized transportation service provider.

(3) Specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

Fare Parity

66. (1) Where conventional transportation services and specialized transportation services are provided by separate transportation service providers in the same jurisdiction, the specialized transportation service provider shall not charge more than the highest fare charged for conventional transportation services in the same jurisdiction.

(2) Specialized transportation service providers shall meet the requirements of subsection (1) by January 1, 2017.

(3) Where a transportation service provider provides both conventional transportation services and specialized transportation services, the transportation service provider shall ensure that there is fare parity between conventional transportation services and specialized transportation services.

(4) Transportation service providers to which subsection (3) applies shall meet the requirements of that subsection by January 1, 2013.

(5) Where a transportation service provider provides both conventional transportation services and specialized transportation services, the transportation service provider shall ensure that the same fare structure is applied to conventional transportation services and specialized transportation services.

(6) Where a transportation service provider provides both conventional transportation services and specialized transportation services, the transportation service provider shall ensure that the same fare payment options are available for all transportation services, but alternative options shall be made available to persons with disabilities who cannot because of their disability use a fare payment option.

(7) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of subsections (5) and (6) by January 1, 2013.

(8) In this section,

“fare structure” means the fare price determined by fare media, such as cash, tickets, passes and bulk quantity discounts and by fare category, such as adults, seniors and students, but does not include promotional fares that a transportation service provider may employ from time to time.

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Visitors

67. (1) Every specialized transportation service provider shall,

(2) Every specialized transportation service provider shall develop criteria to determine who falls into the category of visitor for the purposes of this section.

(3) Specialized transportation service providers shall meet the requirements of this section by January 1, 2013.

(4) A specialized transportation service provider shall have policies respecting the collection, use and disclosure of personal information collected for purposes of determining eligibility under this section.

(5) In this section,

“personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act.

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Origin to Destination Services

68. (1) Every specialized transportation service provider shall provide origin to destination services within its service area that takes into account the abilities of its passengers and that accommodates their abilities.

(2) Origin to destination services may include services on any accessible conventional transportation services.

(3) For the purposes of this section, origin to destination services refers to the overall package of transportation services that allows a specialized transportation service provider to provide, in a flexible way, transportation services in a manner that best meets the needs of persons with disabilities.

(4) Specialized transportation service providers shall meet the requirements of this section by July 1, 2011.

Co-Ordinated Service

69. (1) Where specialized transportation services are provided in adjacent municipalities within contiguous urban areas, the specialized transportation service providers shall facilitate connections between their respective services.

(2) Specialized transportation service providers to which subsection (1) applies shall determine the accessible stops and drop off locations in the contiguous urban areas that have specialized transportation services.

(3) Specialized transportation service providers shall meet the requirements of this section by January 1, 2013.

Hours of Service

70. (1) Where conventional transportation services and specialized transportation services are provided by separate transportation service providers in the same jurisdiction, the specialized transportation service provider shall ensure that it has, at a minimum, the same hours and days of service as any one of the conventional transportation service providers.

(2) Where a transportation service provider provides both conventional transportation services and specialized transportation services, it shall ensure that the specialized transportation services have, at a minimum, the same hours and days of service as the conventional transportation services.

(3) Specialized transportation service providers to which subsection (1) applies shall meet the requirements of subsection (1) by January 1, 2017 and transportation service providers to which subsection (2) applies shall meet the requirements of subsection (2) by January 1, 2013.

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Booking

71. (1) Every specialized transportation service provider shall, where the specialized transportation services require reservations,

(2) A specialized transportation service provider to whom subsection (1) applies shall provide accessible means to accept reservations.

(3) Specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

Trip Restrictions

72. (1) No specialized transportation service provider shall limit the availability of specialized transportation services to persons with disabilities by,

(2) Specialized transportation service providers shall meet the requirements of this section by January 1, 2014.

Service Delays

73. (1) Every specialized transportation service provider, where the specialized transportation services require reservations, shall provide information on the duration of service delays to affected passengers by a method agreed to by the specialized transportation service provider and passenger.

(2) For the purposes of this section, a service delay is a delay of 30 minutes or more after the scheduled pick-up time.

(3) This section does not apply in respect of delays in service that arise during the trip.

(4) Specialized transportation service providers shall meet the requirements of this section by January 1, 2013.

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Companions and Children

74. (1) Every specialized transportation service provider shall allow companions to travel with persons with disabilities if space is available and will not result in the denial of service to other persons with disabilities.

(2) Every specialized transportation service provider shall allow dependants to travel with a person with a disability who is the parent or guardian of the dependant if appropriate child restraint securement systems and equipment are, if required, available.

(3) Specialized transportation services providers shall meet the requirements of this section by January 1, 2012.

Other Transportation Services

School Transportation

75. (1) This section applies to every school board that provides transportation services for its students.

(2) School boards to which this section applies shall,

(3) School boards to which this section applies shall, in consultation with parents or guardians of students with disabilities,

(4) School boards to which this section applies shall meet,

(5) In this section,

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Public Sector Organizations

76. (1) Designated public sector organizations described in paragraphs 2, 3 and 4 of Schedule 1 that are not primarily in the business of transportation, but that provide transportation services, shall provide accessible vehicles or equivalent services upon request.

(2) For the purposes of subsection (1), transportation services do not include campus security services provided by a designated public sector organization described in paragraph 3 or 4 of Schedule 1.

(3) Designated public sector organizations referred to in subsection (1) shall meet the requirements of this section by July 1, 2011.

Ferries

77. (1) Designated public sector organizations that operate ferries that are under provincial jurisdiction shall do so in accordance with the Code of Practice entitled “Ferry Accessibility for Persons with Disabilities” (“the Code”).

(2) Designated public sector organizations that operate ferries to which this section applies shall meet the requirements of sections 2.1, 2.2, 2.3, 2.4, 2.11, 2.12, 2.13 and 3 of the Code by July 1, 2011.

(3) Designated public sector organizations that operate ferries to which this section applies shall ensure that its ferries that are manufactured on or after July 1, 2013 meet the requirements of sections 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.14, 2.15, 2.16, 2.17, 2.18 and 2.19 of the Code.

(4) The following sections apply, as of the date set out in the sections, with necessary modifications, to ferries to which this section applies:

(5) In this section,

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Duties of Municipalities and Taxicabs

Duties of Municipalities, General

78. (1) Any municipality that provides conventional transportation services shall consult with its municipal accessibility advisory committee, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities in the development of accessible design criteria to be considered in the construction, renovation or replacement of bus stops and shelters.

(2) Every municipality to which subsection (1) applies shall identify planning for accessible bus stops and shelters, including any steps that will be taken to meet the goal of accessible bus stops and shelters, in its accessibility plan required under Part I.

(3) Where a municipality has entered into arrangements with a person respecting the construction of bus stops and shelters in its jurisdiction, the municipality shall ensure that the person participates in the consultation and planning as described in subsections (1) and (2).

(4) Municipalities shall meet the requirements of this section by January 1, 2013.

Duties of Municipalities, Accessible Taxicabs

79. (1) Every municipality shall consult with its municipal accessibility advisory committee, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities to determine the proportion of on-demand accessible taxicabs required in the community.

(2) Every municipality shall identify progress made toward meeting the need for on-demand accessible taxicabs, including any steps that will be taken to meet the need, in its accessibility plan required under Part I.

(3) Municipalities shall meet the requirements of this section by January 1, 2013.

(4) In this section,

“accessible taxicab” means an accessible taxicab as defined in section 1 of Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Persons) made under the Highway Traffic Act.

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Duties of Municipalities, Taxicabs

80. (1) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs are prohibited,

(2) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs place vehicle registration and identification information on the rear bumper of the taxicab.

(3) Any municipality that licenses taxicabs shall ensure that owners and operators of taxicabs make available vehicle registration and identification information in an accessible format to persons with disabilities who are passengers.

(4) The information in subsection (2) shall meet the requirements of subsection 58 (3).

(5) Municipalities described in this section shall meet the requirements in this section,

Part IV.1, Design of Public Spaces Standards (Accessibility Standards for the Built Environment)

Definitions, Application and Schedule

Application

Transition

80.3 Where an obligated organization has entered into a contract on or before December 31, 2012 to construct or redevelop
any public space to which this Part applies and the contract does not meet the requirements of this Part, the obligated organization
is not required to meet the requirements of this Part in honouring the existing contract. O. Reg. 413/12, s. 6.

Slope ratios

80.4 In this Part, the ratios with respect to the slope of a surface mean that for every one unit of elevation expressed as the first number in the ratio, the user has the second number in the ratio in length with which to negotiate the one unit
of elevation. O. Reg. 413/12, s. 6.

Schedule

80.5 Obligated organizations shall meet the requirements set out in this Part in accordance with the following
schedule:

Recreational Trails and Beach Access Routes, General

Trails

80.6 This Part applies to newly constructed and redeveloped recreational trails that an obligated organization
intends to maintain, but does not apply to the following types of recreational trails:

Beach access routes

80.7 This Part applies to newly constructed and redeveloped beach access routes that an obligated organization
intends to maintain, including permanent and temporary routes and temporary routes that are established through the use of
manufactured goods, which can be removed for the winter months. O. Reg. 413/12, s. 6.

Consultation, recreational trails

80.8 (1) Obligated organizations shall consult on the
following before they construct new or redevelop existing recreational trails:

(2) Obligated organizations shall consult on the matters referred to in subsection (1) in the following manner:

Technical Requirements for Recreational Trails: General

Exterior paths of travel, curb ramps

80.26 (1) Where a curb ramp is provided on an exterior path of travel, the curb ramp must align with the direction of travel
and meet the following requirements:

(2) In this section, “curb ramp” means a ramp that is cut through a curb
or that is built up to a curb. O. Reg. 413/12, s. 6.

Exterior paths of travel, depressed curbs

80.27 (1) Where a depressed curb is provided on an exterior path of travel, the depressed curb must meet the following requirements:

(2) In this section, “depressed curb” means a seamless gradual slope at
transitions between sidewalks and walkways and highways, and is usually found at intersections. O. Reg. 413/12, s. 6.

Exterior paths of travel, accessible pedestrian signals

80.28 (1) Where new pedestrian signals are being installed or existing pedestrian signals are being replaced at a pedestrian
crossover, they must be accessible pedestrian signals. O. Reg. 413/12, s. 6.

(2) Accessible pedestrian signals must meet the following requirements:

(3) Where two accessible pedestrian signal assemblies are installed on the same corner, they must be a minimum of 3,000
mm apart. O. Reg. 413/12, s. 6.

(4) Where the requirements in subsection (3) cannot be met because of site constraints or existing infrastructure, two
accessible pedestrian signal assemblies can be installed on a single post, and when this occurs, a verbal announcement must
clearly state which crossing is active. O. Reg. 413/12, s. 6.

(5) In this section, “pedestrian crossover” means a pedestrian crossover
as defined in subsection 1 (1) of the Highway Traffic Act. O. Reg. 413/12, s. 6.

Exterior paths of travel, rest areas

80.29 When constructing new or redeveloping existing exterior paths of travel that they intend to maintain, obligated
organizations, other than small organizations, shall consult on the design and placement of rest areas along the exterior path of
travel and shall do so in the following manner:

Exceptions, limitations

80.30 Where an exception is permitted to a requirement for an exterior path of travel, the exception applies solely,
(a) to the particular requirement for which the exception is allowed and not to any other requirement that applies to the
exterior path; and (b) to the portion of the exterior path for which it is claimed
and not to the exterior path in its entirety. O. Reg. 413/12,
s. 6.

Exceptions, general

80.31 Exceptions to the requirements that apply to exterior paths of travel are permitted where obligated
organizations, other than small organizations, can demonstrate one or more of the following:

Accessible Parking

Application, off-street parking

80.32 Obligated organizations shall ensure that when constructing new or redeveloping off-street parking facilities that
they intend to maintain, the off-street parking facilities meet the requirements set out in this Part. O. Reg. 413/12,
s. 6.

Exceptions

80.33(1) The requirements in respect of off-street parking facilities do not apply to off-street parking facilities that are used exclusively for one of the following:

(2) The requirements in respect of off-street parking facilities do not apply to off-street parking facilities if,
(a) the off-street parking facilities are not located on a barrier-free path of travel, regulated under Ontario Regulation
350/06 (Building Code) made under the Building Code Act, 1992;
and
(b) the obligated organization has multiple off-street parking facilities on a single site that serve a building or facility. O. Reg. 413/12, s. 6.

Types of accessible parking spaces

80.34 Off-street parking facilities must provide the following two types of parking spaces for the use of persons with
disabilities:

Access aisles

80.35 (1) Access aisles, that is the space between parking spaces that allows persons with disabilities to get in and out of
their vehicles, must be provided for all parking spaces for the use of persons with disabilities in off-street parking facilities.
O. Reg. 413/12, s. 6.

(2) Access aisles may be shared by two parking spaces for the use of persons with disabilities in an off-street parking
facility and must meet the following requirements:

Minimum number and type of accessible parking spaces

80.36 (1) Off-street parking facilities must have a minimum number of parking spaces for the use of persons with disabilities,
in accordance with the following requirements:

(2) If an obligated organization provides more than one off-street parking facility at a site, the obligated
organization shall calculate the number and type of parking spaces for the use of persons with disabilities according to the number
and type of parking spaces required for each off-street parking facility. O. Reg. 413/12, s. 6.

(3) In determining the location of parking spaces for the use of persons with disabilities that must be provided where
there is more than one off-street parking facility at a site, an obligated organization may distribute them among the off-street
parking facilities in a manner that provides substantially equivalent or greater accessibility in terms of distance from an
accessible entrance or user convenience. O. Reg. 413/12, s. 6.

(4) For the purposes of subsection (3), the following factors may be considered in determining user convenience:

Signage

80.37 Obligated organizations shall ensure that parking spaces for the use of persons with disabilities as required under section 80.36 are distinctly indicated by erecting an
accessible permit parking sign in accordance with section 11 of Regulation 581 of the Revised Regulations of Ontario, 1990
(Accessible Parking for Persons with Disabilities) made under the
Highway Traffic Act. O. Reg. 413/12, s. 6.

Exception

80.38 (1) An exception to the required minimum number of parking spaces for the use of persons with disabilities is
permitted where an obligated organization can demonstrate that it
is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required
ratio, such as where the minimum width for parking spaces for persons with disabilities or access aisles cannot be met because of
existing pay and display parking meters, surrounding curb edges, walkways, landscaping or the need to maintain a minimum drive aisle
width. O. Reg. 413/12, s. 6.

(2) Where an obligated organization claims an exception to the minimum number of parking spaces for the use of
persons with disabilities, it shall provide as close to as many parking spaces for the use of persons with disabilities that meet
the requirements of this Part, as would otherwise be required under subsection 80.36 (1) or (2), as the case may be, that can be
accommodated by the existing site and, (a) where that number is an even number, the number of parking
spaces must be divided equally between parking spaces that meet the
requirements of a Type A parking space and a Type B parking space;
and
(b) where that number is an odd number, the number of parking spaces must be divided equally between parking spaces that meet the
requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd-numbered space, may be a
Type B parking space. O. Reg. 413/12, s. 6.

On-street parking spaces

80.39 (1) When constructing or redeveloping existing on-street parking spaces, designated public sector organizations
shall consult on the need, location and design of accessible on-street parking spaces and shall do so in the following manner:

(2) In this section and despite section 2, “designated public sector organization” means every
municipality and every person or organization described in Schedule 1 to this Regulation, but not persons or organizations listed in
Column 1 of Table 1 to Ontario Regulation 146/10 (Public Bodies and
Commission Public Bodies — Definitions) made under the Public
Service of Ontario Act, 2006. O. Reg. 413/12, s. 6.

Obtaining Services

Application

80.40 (1) Obligated organizations shall meet the requirements set out in this Part in respect of the following:

(2) For the purposes of this Part, requirements for obtaining services in respect of service counters, fixed queuing
guides and waiting areas apply whether the services are obtained in buildings or out-of-doors. O. Reg. 413/12, s. 6.

Service counters

80.41 (1) When constructing new service counters, which includes replacing existing service counters, the following
requirements must be met:

(2) The service counter that accommodates mobility aids must meet the following requirements:

Fixed queuing guides

80.42 When constructing new fixed queuing guides, the following requirements must be met:

Waiting areas

80.43 (1) When constructing a new waiting area or redeveloping an existing waiting area, where the seating is fixed
to the floor, a minimum of three per cent of the new seating must be accessible, but in no case shall there be fewer than one
accessible seating space. O. Reg. 413/12, s. 6.

(2) For the purposes of this section, accessible seating is a space in the seating area where an individual using a
mobility aid can wait. O. Reg. 413/12, s. 6.

Maintenance

Maintenance of accessible elements

80.44 In addition to the accessibility plan requirements set out in section 4, obligated organizations, other
than small organizations, shall ensure that their multi-year accessibility plans include the following:

Part V

Compliance

Application

81. This Part applies in respect of this Regulation and Ontario Regulation 429/07 (Accessibility Standards for Customer Service) made under the Act.

Definition

82. In this Part,

“corporation” means any corporation with or without share capital wherever or however incorporated and includes a corporation with or without share capital that is incorporated or continued otherwise than by or under the authority of an Act of the Legislature.

Amount of Administrative Penalty

83. (1) For the purposes of paragraph 3 of subsection 21 (3), paragraph 2 of subsection 21 (4), subsection 21 (5) and paragraph 2 of subsection 33 (8) of the Act, a director shall determine the amount of the administrative penalty according to the following rules:

(2) For the purposes of paragraph 1 of subsection (1), the severity of the impact of the contravention shall be determined by ranking the contravention as minor, moderate or major in the following manner:

(3) For the purposes of paragraph 2 of subsection (1), the contravention history of the person or organization shall be determined by ranking it as minor, moderate or major in the following manner:

(4) For purposes of this section and subject to subsection (7), the current two reporting cycles period is determined as follows:

(5) For purposes of determining contravention history in the current two reporting cycles period, on the first day of the first reporting cycle the contravention history of the person or organization is deemed to be zero and on the first day of every odd reporting cycle after that the contravention history of the person or organization is deemed to be zero.

(6) If a person or organization filed an accessibility report before July 1, 2011, the two reporting cycles period is calculated from the first day that the person or organization was required to file an accessibility report.

(7) For persons or organizations that are exempted from the reporting requirements of subsection 14 (1) of the Act, the two reporting cycles period consists of the 12-month period that begins at the earliest of the following and ends at the end of each 12-month period:

(8) For persons or organizations to which subsection (7) applies, their contravention history is deemed to be zero at the end of each 12-month period.

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Review of Order

84. For purposes of the review of an order under section 25 of the Act, the following apply:

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Payment of Penalty

85. (1) The person or organization that has been ordered to pay an administrative penalty shall pay the penalty within 30 days after the order was made, unless a longer period is specified in the order.

(2) Where a person or organization that has been ordered to pay an administrative penalty seeks a review of the order under section 25 of the Act or appeals the order under section 27 of the Act, the person or organization shall pay the penalty within 30 days after the order is dealt with in the review or appeal, unless a different period is specified in the order after the review or appeal.

(3) For the purposes of subsection (2), where a person or organization both seeks a review of the order and appeals the order, the administrative penalty shall be paid within 30 days after the order of the Tribunal, unless the order of the Tribunal specifies a different period.

Designation of Tribunal

86. The Licence Appeal Tribunal is designated as the tribunal for the purposes of section 26 of the Act.

Commencement

87. This Regulation comes into force on the later of July 1, 2011 and the day it is filed.

Schedule 1

Broader Public Sector

Schedule 2

Administrative Penalties for individuals or Unincorporated Organizations

Impact of Contravention: Major Moderate Minor

Schedule 3

Administrative Penalties for Corporations

Impact of Contravention: Major Moderate Minor

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Official Law can be found at http://www.e-laws.gov.on.ca/html/source/regs/english/2011/elaws_src_regs_r11191_e.htm