The Transportation Standards under the AODA and the Transportation Standard under the Accessibility for Manitobans Act (AMA) both require organizations to make transportation accessible to people with disabilities. Moreover, both standards require many of the same processes and practices to ensure accessibility. However, there are many important differences between the standards. The third review of the AODA recommends that the Ontario government should coordinate with other provinces and the federal government to ensure that accessibility laws are consistent across Canada. Therefore, requirements in the AODA may one day change to align with mandates under the Accessibility for Manitobans Act. In this article, we will explore requirements for applying to travel on specialized transit in Ontario and Manitoba.
Applying to Travel on Specialized Transit in Ontario and Manitoba
The AODA’s Transportation Standards and the Accessible Transportation Standard of the Accessibility for Manitobans Act (AMA) both require specialized transit companies to create application processes. Moreover, companies must respond to applications in fourteen (14) days. A company that has not responded must give the applicant temporary eligibility until they make a decision. Furthermore, specialized transit companies must offer temporary services on emergency or compassionate grounds.
In addition, companies must create appeal processes for people whose applications are denied. A company that does not reach an appeal decision in thirty (30) days must give that applicant temporary eligibility. Finally, providers must offer their application and appeal processes in accessible formats, upon request. Both processes must be free of charge.
Differences
Ontario specialized transit companies can allow applicants to use specialized transit based on three categories of eligibility:
- Unconditional:
- For passengers who will always be eligible to use specialized transit
- Temporary:
- For passengers who will only use specialized transit for a short time
- Conditional:
- For passengers who will only use specialized transit under certain conditions
Furthermore, Ontario companies can re-assess a passenger’s eligibility. In contrast, Manitoba specialized transit companies do not need to assign applicants to categories of eligibility. However, Manitoba companies must have guidelines to assess an applicant’s eligibility. Moreover, Manitoba companies must document their assessment guidelines and make these guidelines available to the public. Conversely, Ontario companies’ application processes do not need to be publicly available.
In addition, Manitoba companies must provide denials of applications in writing. A written denial must inform applicants how to appeal the company’s decision. The staff member responsible for the denial, and their supervisor, cannot hear an appeal. However, an appeal must take place within thirty (30) days of the denial. On the other hand, Ontario companies have fewer requirements about appeals. For example, Ontario companies do not need to provide written denials or inform applicants about appeal processes.