UNIVERSAL
ACCESSIBLE TRANSPORTATION:
A POLICY FRAMEWORK
1.
SAMPLE POLICY FRAMEWORK #1, CANADA 1983
2.
SAMPLE POLICY FRAMEWORK #2, CANADA 1991
3.
Sample Checklist: Accessible
Transportation Policy Development
SAMPLE POLICY
FRAMEWORK #1
CANADA 1983
Transport
Canada Transports Canada
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Hon. Lloyd
Axworthy Minister |
L’hon. Lloyd
Axworthy Ministre |
POLICY
ON TRANSPORTATION OF DISABLED PERSONS
TRANSPORT CANADA’S POLICY ON THE
TRANSPORTATION OF DISABLED PERSONS SETS OUT THE INTENT OF THE DEPARTMENT TO
ENSURE THAT SAFE, RELIABLE AND EQUITABLE SERVICES ARE AVAILABLE TO DISABLED
PERSONS ON ALL MODES OF TRANSPORTATION UNDER FEDERAL JURISDICTION. IT
REPRESENTS PART OF TRANSPORT CANADA’S RESPONSE TO RECOMMENDATION 83 OF THE
OBSTACLES REPORT, WHICH CALLED FOR THE DEVELOPMENT OF A NATIONAL POLICY ON
TRANSPORTATION FOR DISABLED PERSONS.
THE POLICY HAS BEEN IN PREPARATION FOR
TWO YEARS AND HAS INVOLVED CONSULTATION WITH MANY GROUPS, INCLUDING PROVINCIAL
GOVERNMENTS, CARRIERS AND ORGANIZATIONS REPRESENTING DISABLED CONSUMERS. I
WOULD LIKE TO THANK ALL THOSE WHO TOOK PART IN THIS PROCESS, AND PARTICULARLY
THE ADVISORY COMMITTEE ON TRANSPORTATION OF THE HANDICAPPED WHOSE CONTRIBUTION
TO THE FORMULATION OF THIS POLICY HAS BEEN MOST IMPORTANT.
I FULLY RECOGNIZE THAT THIS POLICY IS
STATED IN THE FORM OF GENERAL PRINCIPLES. OUR SUCCESS IN THIS AREA WILL BE
JUDGED, ULTIMATELY, NOT BY GENERAL STATEMENTS BUT BY THE REALITY OF IMPROVING
THE MOBILITY OF THOUSANDS OF CANADIANS SO THAT THEY MAY PARTICIPATE IN OUR
SOCIETY WITH GREATER FREEDOM AND EQUALITY.
THESE ARE VERY REAL TECHNOLOGICAL AND
MANAGERIAL PROBLEMS THAT MUST BE RESOLVED. THE POLICY REPRESENTS OUR COMMITMENT
TO DEALING WITH THESE PROBLEMS AND PROVIDES A FRAMEWORK FOR MOVING FORWARD.
Signed
Llyod Axworthy
November 1983
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POLICY
ON TRANSPORTATION OF DISABLED PERSONS |
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MINISTER
OF TRANSPORT |
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1. PURPOSE |
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THIS POLICY
CLARIFIES, FOR ALL PROVIDERS AND RECIPIENTS OF SERVICES, THE PRINCIPLES AND
STRATEGIES TO WHICH THE FEDERAL GOVERNMENT IS COMMITTED IN THE PROVISION OF
ACCESS TO FACILITIES AND SERVICES FOR DISABLED PERSONS ON TRANSPORTATION
MODES UNDER FEDERAL JURISDICTION. THE PAPER REPRESENTS A STATEMENT OF INTENT
TO WORK TOWARD THE IMPLEMENTATION OF TNE POLICY AS OUTLINED IN SECTION 2
BELOW. STEPS WILL BE TAKEN TO ENSURE THAT REGULATIONS AND PROGRAMS ARE PUT IN
PLACE TO IMPLEMENT THE POLICY AND THAT THE PUBLIC IS KEPT INFORMED ABOUT
THESE ACTIVITIES. |
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TRANSPORT CANADA
AND THE MINISTER’S ADVISORY COMMITTEE ON TRANSPORTATION OF DISABLED PERSONS
HAVE DEVELOPED THIS POLICY ON TRANSPORTATION OF DISABLED PERSONS. IT FOLLOWS
TWO YEARS OF INTENSIVE ACTIVITY BY AND ON BEHALF OF DISABLED PERSONS,
INCLUDING THE NATIONAL TRANSPORTATION CONFERENCE OF THE COALITION OF
PROVINCIAL ORGANIZATIONS OF THE HANDICAPPED AND THE CANADIAN TRANSPORT
COMMISSION PUBLIC MEETING ON PROBLEMS FACED BY DISABLED TRAVELLERS OF
NOVEMBER 1979. |
2. POLICY ON TRANSPORTATION OF DISABLED
PERSONS
THE POLICY, IN KEEPING WITH THE
NATIONAL TRANSPORTATION ACT, IS TO ENSURE THE PROVISION OF SAFE, REASONABLE AND
EQUITABLE ACCESS TO TRANSPORTATION MODES UNDER FEDERAL JURISDICTION, AND TO
REMOVE THE BARRIERS TO TRAVEL, BOTH PHYSICAL AND ATTITUDINAL, EXPERIENCED BY
DISABLED PERSONS.
3. BACKGROUND
THIS POLICY IS BASED ON THE NATIONAL
TRANSPORTATION ACT (NTA) (SECTION 3), WHICH SPEAKS OF AN “ECONOMIC, EFFICIENT
AND ADEQUATE TRANSPORTATION SYSTEM MAKING THE BEST USE OF ALL
AVAILABLE MODES OF TRANSPORTATION AT
THE LOWEST TOTAL COSTS...” IN ADDITION, TRANSPORT CANADA DEVELOPED NINE
STRATEGIC OBJECTIVES IN THE MID-70S, OF WHICH THREE RELATE TO THIS POLICY:
STRATEGlc OBJECTIVE #4 “AN ADEQUA7E LEVEL OF SAFETY”; STRATEGIC OBJECTIVE #5
“TO ENSURE THAT CANADIANS ARE AFFORDED REASONABLE ACCESSIBlLITY TO THE NATIONAL
TRANSPORTATION SYSTEM” AND STRATEGIC OBJECTIVE #8 “TO ENSURE THAT USERS OF THE
NATIONAL TRANSPORTATION SYSTEM ARE TREATED EQUITABLY.” THESE STRATEGIC
OBJECTIVES ARE CURRENTLY USED IN TRANSPORT CANADA PLANNING.
LEGAL JURISDICTION FOR TRANSPORTATION
IN CANADA IS DIVIDED BETWEEN THE FEDERAL AND PROVINCIAL GOVERNMENTS WITH
RESPECT TO PARTICULAR TRANSPORTATION SERVICES. BASICALLY, THE FEDERAL
GOVERNMENT HAS REGULATORY AUTHORITY OVER RAILWAY PASSENGER SERVICES, AIR TRANSPORT,
CERTAIN EAST COAST FERRIES, SOME SERVICES OPERATING ON CERTAIN INLAND
WATERWAYS, TERRATRANSPORT’S ROADCRUISER SERVICES IN NEWFOUNDLAND, AND SAFETY
STANDARDS FOR AUTOMOBILES MANUFACTURED OR IMPORTED. THE PROVINCES REGULATE
EXTRA-PROVINCIAL BUS UNDERTAKINGS, ALTHOUGH THESE FALL WITHIN FEDERAL
JURISDICTION. CN- AND CP-OPERATED COMMUTER RAIL SERVICES IN TORONTO AND
MONTREAL ARE LEGALLY UNDER FEDERAL JURISDICTION, BUT THE ONTARIO AND QUEBEC
GOVERNMENTS HAVE ACCEPTED RESPONSIBILITY FOR THEM. A SIMILAR ARRANGEMENT WOULD
LIKELY APPLY IF AND WHEN A VANCOUVER COMMUTER SERVICE IS PUT IN PLACE. THE
FEDERAL GOVERNMENT HAS NO OTHER AUTHORITY OVER URBAN TRANSPORT EXCEPT IN
CONTRACTS WITH PRIVATE COMPANIES FOR GROUND TRANSPORTATION OFFERED AT AIRPORTS.
THE CANADIAN CHARTER OF RIGHTS AND
FREEDOMS, PROMULGATED IN APRIL 1982, PROTECTS PHYSICALLY AND MENTALLY
HANDICAPPED PERSONS AGAINST DISCRIMINATION. PROVINCES CAN OVERRULE THE EQUALITY
RIGHTS (SECTION 15) OF THE CHARTER.
AS RECENTLY AMENDED, THE CANADIAN HUMAN RIGHTS ACT PROHIBITS
DISCRIMINATION AGAINST DISABLED PERSONS IN THE PROVISION OF GOODS AND SERVICES,
INCLUDING TRANSPORTATION.
4. DEFINITION OF A DISABLED PERSON
WITH REFERENCE TO THIS POLICY, A
DISABLED PERSON IS ANY PERSON WHO HAS A PHYSICAL, MENTAL OR MEDICAL CONDITION,
EITHER PERMANENT OR TEMPORARY, THAT LIMITS HIS/HER ABILITY TO USE
PUBLIC TRANSPORTATION SERVICES. THIS
DEFINITION IS BROAD ENOUGH TO INCLUDE, AMONG OTHERS, THE ELDERLY, THE OBESE,
PREGNANT WOMEN AND THOSE PEOPLE WITH INJURIES.
5. DISABLED TRAVELLERS IN CANADA
THE NUMBER OF DISABLED PEOPLE IN CANADA
IS CURRENTLY ESTIMATED AT APPROXIMATELY ONE IN TEN. AMONG THE PHYSICALLY
DISABLED, APPROXIMATELY ONE MILLION ARE ESTIMATED TO BE TRANSPORTATION
HANDICAPPED IN SOME WAY. TRANSPOSING FROM U.S. DATA SHOWS THAT A ROUGH
BREAKDOWN OF THE ONE MILLION TRANSPORTATION HANDICAPPED BY SPECIFIC DYSFUNCTION
GROUP INCLUDES:
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PHYSICALLY DISABLED PERSONS (1) |
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VISUALLY IMPAIRED HEARING IMPAIRED REQUIRING MOBILITY AIDS (CANES, CRUTCHES) WHEELCHAIR USERS MINOR DYSFUNCTIONS DIFFICULTY UNDERSTANDING DIRECTIONS OR INSTRUCTIONS |
165,000 164,000 191,000 43,000 249,000 113,000 |
EXCLUDED FROM THIS ESTIMATE ARE THE
MENTALLY HANDICAPPED, RURAL DISABLED, TEMPORARILY DISABLED, HOMEBOUND AND
PEOPLE IN INSTITUTIONS. APPROXIMATELY 60% OR 600,000 OF THE ESTIMATED ONE
MILLION PHYSICALLY DISABLED PERSONS WHO ARE TRANSPORTATION HANDICAPPED ARE IN
THE 5-65 AGE GROUPS, WHICH ARE THE PRIMARY GROUPS SEEKING ACCESS TO EDUCATION,
JOBS, RECREATION, ETC. THE OTHER 40% OF OISABLED TRAVELLERS ARE OVER 65.
BECAUSE OF LONGER LIFE EXPECTANCY AND OTHER DEMOGRAPHIC CHANGES, THIS
POPULATION IS EXPECTED TO DOUBLE BY THE YEAR 2000 AND DOUBLE AGAIN BY 2020.
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(1) DATA BASE STUDY FOR
THE IDENTIFICATION AND QUANTIFICATION OF TRANSPORTATION HANDICAPPED PERSONS IN
CANADA, VOL. 1,
SYSTEMS APPROACH CONSULTANTS LTD. PREPARED FOR TRANSPORT CANADA, 1979.
ACCURATE STATISTICS ON THE NUMBER OF
PERSONS WHO ARE TRANSPORTATION HANDICAPPED, AS A RESULT OF MENTAL HANDICAPS
(RETARDATION), LEARNING AND PSYCHIATRIC DISABILITIES, ARE DIFFICULT TO OBTAIN.
OWING TO SOCIAL STIGMA, THESE TYPES OF DISABILITIES ARE USUALLY UNDER-REPORTED
IN SURVEYS. AVAILABLE DATA INCLUDE FIGURES FOR PERSONS WITH PSYCHIATRIC OR
LEARNING DISABILITIES AND THOSE IN SPECIAL CARE, BUT DO NOT COVER THE MENTALLY
HANDICAPPED:
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PSYCHIATRICALLY OR LEARNING DISABLED CHRONIC HOSPITAL CARE INCLUDING PSYCHIATRIC CARE NON-HOSPI7AL, INSTITUTIONAL CARE |
126,000 (2) 85,000 (3) 190,000 (4) |
NO FIGURES ON THE NUMBER OF OBESE PEOPLE IN CANADA ARE
AVAILABLE AT THIS TIME.
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6. UNDERLYING
PRINCIPLES |
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THERE ARE SOME
BASIC PRINCIPLES BEHIND THIS POLICY, WHICH ARE SUBJECT TO THE DESCRIPTION OF
REASONABLE AND EQUITABLE ACCESS OUTLINED IN SECTION 7 (BELOW). THESE ARE: |
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6.1.
THE FEDERAL GOVERNMENT HAS A RESPONSIBILITY TO ENSURE THAT REASONABLE,
RELIABLE AND EQUITABLE TRANSPORTATION SERVICES AND FACILITIES ARE AVAILABLE
TO ABLE-BODIED AND DISABLED PERSONS ALIKE. |
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6.2. DISABLED
PERSONS ARE ENTITLED TO BE TREATED WITH THE SAME DIGNITY, CONSISTENCY AND
CONSIDERATION AS ARE ALL OTHER PASSENGERS WHEN TRAVELLING, AND TO RECEIVE
SERVICES CUSTOMARILY AVAILABLE TO THE GENERAL PUBLIC. |
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6.3. DISABLED PASSENGERS SHOULD NOT
BE SUBJECT TO ANY UNREASONABLE TERMS
AND CONDITIONS OF CARRIAGE. |
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___________
(2)
THE
HEALTH OF CANADIANS: REPORT
OF THE CANADA HEALTH SURVEY,
NHW,
1981
(3)
CHRONIC
HEALTH CARE INSTITUTIONS, NHW
PROGRAM DATA, 1978-9
(4)IBID.
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6.4. ALL DISABLED
TRAVELLERS SHOULD BE ASSUMED TO BE SELF RELIANT UNLESS THEY, OR THEIR CHOSEN
REPRESENTATIVE, STATE OTHERWISE
(SUBJECT TO 6.3 ABOVE). SELF-RELIANT,
NON-AMBULATORY, AIR TRAVELLERS MAY BE REQUIRED TO TRAVEL WITH ATTENDANTS UNDER CONDITIONS
SPECIFIED IN AIR CARRIER TARIFFS. |
6.5. CARRIERS SHOULD
NOT BE REQUIRED TO PROVIDE “EXTRA-SUCH AS ASSISTANCE IN BREATHING, EATING, OR
USING WASHROOM FACILITIES. ASSISTANCE IN ROUTINE BOARDING, DEBOARDING AND
MOVING TO AND FROM THE WASHROOM, WHERE APPLICABLE, IS NOT CONSIDERED
“EXTRAORDINARY CARE.”
6.6 THE ONUS SHOULD
BE ON REGULATORY AUTHORITIES AND CARRIERS TO SHOW WHY A LIMITATION TO TRAVEL
SHOULD BE IMPOSED. THE CONSUMER SHOULD NOT BE REQUIRED TO PROVE A RIGHT OF
ACCESS TO A CERTAIN SERVICE.
7. WHAT IS REASONABLE
AND EQUITABLE ACCESS?
IT IS IMPOSSIBLE TO STATE PRECISELY THE
IMPROVEMENTS REQUIRED BEFORE ACCESS TO TRANSPORTATION SERVICES CAN BE
CONSIDERED “REASONABLE AND EQUITABLE.” ONE LEADING CONSIDERATION MUST BE THE
COST AND PRACTICALITY OF MAKING ACCESSIBLE TO DISABLED PERSONS CERTAIN
TRANSPORT VEHICLES AND TERMINALS. OTHER FACTORS WOULD INCLUDE SIZE, AGE AND AMOUNT
OF USE OF FACILITIES, TECHNICAL FEASIBILITY OF PROPOSED IMPROVEMENTS, THE
EFFECT OF PROPOSED CHANGES ON SAFETY OF OPERATIONS AND THE REMAINING LIFE OF
EXISTING EQUIPMENT WHEN RETROFITTING IS CONSIDERED. AS A RESULT, THE
REQUIREMENTS OF “REASONABLE AND EQUITABLE” ACCESS WILL VARY OVER TIME AND IN
SPECIFIC CIRCUMSTANCES. IN GENERAL TERMS, THE FOLLOWING RESULTS CAN BE
EXPECTED:
7.1. IMPROVEMENTS IN ACCESS TO
TRANSPORTATION VEHICLES USED BY MAJOR CARRIERS ON ALL MODES MUST BE CONSIDERED
ESPECIALLY WHEN NEW VEHICLES ARE ACQUIRED,BUT ALSO AS A RESULT OF RETROFITTING
EXISTING VEHICLES.
7.2.
ACCESS TO
FACILITIES AND SERVICES AT ALL MAJOR TERMINALS, EITHER NEWLY CONSTRUCTED OR
REFURBISHED, SHOULD BE IN LINE WITH STANDARDS THAT EQUAL OR EXCEED THOSE OF THE
DEPARTMENT OF PUBLIC WORKS.
7.3. CARRIERS SHOULD
MAKE COMMUNICATIONS AND GENERAL TRAVEL INFORMATION READILY AVAILABLE FOR TKE
MENTALLY, VISUALLY AND HEARING IMPAIRED IN THE FORMAT ADAPTED TO THEIR
ABILITIES.
7.4. RULES AND
REGULATIONS OF TRAVEL SHOULD BE MADE AVAILABLE UPON REQUEST TO DISABLED PERSONS
BY GOVERNMENTS, IN A FORMAT ADAPTED TO THEIR REQUIREMENTS AND ABILITIES.
7.5. ALL CARRIER
PERSONNEL WHO SERVE THE GENERAL PUBLIC SHOULD RECEIVE SPECIAL TRAINING IN
ASSISTING DISABLED PERSONS.
7.6. WHERE
SPECIAL SERVICES ARE REQUESTED, VERIFICATION OF THE NEED FOR SUCH SERVICES
SHOULD BE CARRIED OUT BETWEEN THE DISABLED TRAVELLER OR ATTENDANT AND THE
CARRIERS IN ACCORDANCE WITH TERMS DESCRIBED IN THE TARIFFS.
7.7. IDEALLY, THESE
SPECIAL SERVICES SHOULD BE COMMON TO ALL
MODES, AND, AS FAR AS EQUIPMENT PERMITS, CONSISTENT AMONG CARRIERS WITHIN EACH
MODE.
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8. STRATEGIES FOR IMPLEMENTATION |
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THE MINISTER OF
TRANSPORT WILL IMPLEMENT THIS POLICY IN CLOSE CONSULTATION WITH CARRIERS,
SUPPLIERS, OTHER LEVELS OF GOVERNMENT AND REPRESENTATIVES OF DISABLED
PERSONS. IN SO DOING, THE FOLLOWING STRATEGIES WILL BE FOLLOWED: |
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8.1. TAKE THIS
POLICY INTQ ACCOUNT IN THE MAKING OF FEDERAL REGULATIONS. |
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8.2. ENSURE THAT
ANY FACILITIES AND SERVICES THAT TRANSPORT CANADA PROVIDES ARE REASONABLY
ACCESSIBLE TO DISABLED PERSONS. |
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8.3. ENSURE THAT
THE POLICY ON TRANSPORTATION OF DISABLED PERSONS IS WELL PUBLICIZED. |
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8.4. CONSULT WITH PROVINCES,
MUNICIPALITIES, CARRIERS, ORGANIZATIONS OF/FOR DISABLED PERSONS AND SENIOR
CITIZENS ON FEDERAL POLICY DEVELOPMENT AND IMPLEMENTATION. |
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8.5. MAINTAIN THE
ADVISORY COMMITTEE ON TRANSPORTATION OF DISABLED PERSONS TO MONITOR AND
REVIEW PROGRESS, WITH FURTHER EVALUATION OF ITS STATUS IN TWO YEARS. |
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9. FUNDING THE DPARTMENT OF TRANSPORT WILL
SUPPORT THE IMPLEMENTATION OF THE POLICY IN ITS PROGRAM PLANNING, UPGRADING
INFORMATION SERVICES AND R&D. CARRIERS, HOWEVER, GENERALLY SHOULD BE
RESPONSIBLE FOR MAKING THE NECESSARY CHANGES TO PROVIDE REASONABLE ACCESS FOR
DISABLED PERSONS, AND THEY MAY HAVE TO ADJUST THEIR TARIFFS ACCORDINGLY. THE
GOVERNMENT TAKES THE POSITION THAT ANY JUSTIFICATION FOR DISCRIMINATION
SHOULD BE BASED ON REASONABLE CAUSE, INCLUDING UNDUE COST, WITH PERIODIC
REVIEW TO DETERMINE THE FEASIBILITY OF ELIMINATING DISCRIMINATION IN THE LONG
TERM. SPECIFICALLY, THE FEDERAL
GOVERNMENT WILL CONTINUE TO: 9.1. ALLOCATE FUNDS
TO SUPPORT IMPLEMENTATION OF THIS POLICY. 9.2. ALLOCATE
RESOURCES TO PUBLICIZE POLICY IMPLEMENTATION AND INFORMATION FOR DISABLED
PERSONS. 9.3. FUND FEDERAL
R&D TO ASSIST CARRIERS IN DEVELOPING WAYS TO IMPROVE ACCESS. |
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10.
CONCLUSION |
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THIS POLICY STATEMENT ADDRESSES
THE SPECIFIC NEEDS OF DISABLED PERSONS. IT ALSO SEEKS AND ENCOURAGES CARRIER
RESPONSES THAT WILL INCREASE THE LEVEL OF ACCESS. TRANSPORT CANADA RECOGNIZES
THE EXCELLENT EFFORTS ALREADY MADE IN THIS DIRECTION AND IS COMMITTED TO MOVE
QUICKLY AND FIRMLY IN THE FUTURE. WITH THE SUPPORT AND COOPERATION OF THE
CARRIERS, PROVINCES AND MUNICIPALITIES, THE GOAL OF REASONABLE AND EQUITABLE
ACCESS FOR DISABLED PERSONS WILL BE ATTAINED. |
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NOVEMBER
1983 |
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SAMPLE POLICY
FRAMEWORK #2
CANADA 1991
S.
Ling Suen
“Accessible transportation is a right, not a privilege. All Canadians should be able to use Canada’s transportation system without impediment. Transport Canada supports fully integrated, barrier-free transportation that accommodates the needs of seniors and persons with disabilities.”
Policy Statement from Access for All-Transport Canada’s Policy on Accessible Transportation
October
1991
TRANSPORT CANADA’S POLICY ON ACCESSIBLE TRANSPORTATION
The Hon. Jean Corbeil
Minister
This policy has been prepared to update Transport Canada's Policy on Transportation of Disabled Persons, which was issued in 1983. Since that time we have seen many improvements in the field of accessible transportation but much remains to be done.
We
have found, in the last eight years, that the horizons of accessible
transportation tend to broaden as we approach them. We have learned that
accessible transportation must be much more than wheelchair lifts for buses,
planes, ferries and trains. We must also meet the needs of travellers with
visual and hearing impairments as well as those with learning, cognitive or
mental disabilities
We
have also come to realize that the responsibility for accessible transportation
must be shared. While Transport Canada continues to play a major role, we
depend on industry and other levels of government to share our commitment to
disabled Canadians.
Over
the years since Transport Canada's first policy on accessibility was issued, I
and my predecessors have relied heavily on the advice and assistance of the
Advisory Committee on Accessible Transportation.
I
wish to take this opportunity to thank the members of the committee for their
help in the past and for the time and energy they have devoted to the
preparation of this policy. I believe it is a document that bears testimony to
our shared determination to make accessible transportation a reality.
Signed
Jean Corbeil
October 1991
Policy on Accessible
Transportation
Introduction
This document sets out an updated
Canadian policy on transportation accessibility. The policy addresses the needs
and rights of Canadians with disabilities in a manner consistent with the
federal government’s role, responsibilities and resources in the 1990s and
beyond.
This revision of the 1983 Policy on Transportation of Disabled Persons
was developed by Transport Canada in consultation with the Minister’s
Advisory Committee on Accessible Transportation.
Transport Canada
Profile
Canada’s transportation system
encompasses a vast infrastructure of facilities and a wide variety of carriers
and services falling within different jurisdictions. The federal government's
commitment to making transportation accessible to persons with disabilities
therefore requires a range of approaches – from cooperation with industry and
other levels of government to independent federal action.
Transport Canada’s overall goal is to
ensure safety and efficiency in the national transportation system.
To meet this goal, the department
coordinates, regulates and administers transportation policies and programs for
the transport modes within the jurisdiction of the federal government.
Policy Statement
Accessible transportation is a right,
not a privilege. All Canadians should be able to use Canada’s transportation
system without impediment. Transport Canada supports fully integrated,
barrier-free transportation that accommodates the needs of seniors and persons
with disabilities.
Mission of the
Department
It is one of the missions of Transport
Canada, in conjunction with the provinces, municipalities, the transportation
industry, disabled persons and senior citizens’ interest groups, to promote the
provision of accessible transportation facilities and services for everyone.
Accessible
Transportation For All
The federal government is committed to
promoting full access to facilities and services for persons with disabilities
in transportation modes under federal jurisdiction. Disabled persons experience
barriers to travel. These barriers, both physical and attitudinal, must be
removed. The government also recognizes that senior and disabled citizens of
tomorrow will have higher expectations for accessible transportation than they
do today.
For seniors and persons with
disabilities, as for all Canadians, independence and economic and social
integration depend upon accessible transportation.
Transportation is the vital link that
brings people together for work, recreation and the many activities of daily
life.
Legislative
Background
This policy is based on the National
Transportation Act, Section 3, which calls for an “economic, efficient and
adequate transportation network of viable and effective services making the
best use of all available modes of transportation at the lowest total
costs...."
The Canadian Charter of Rights and
Freedoms,
promulgated in April 1982, protects
persons with physical and mental disabilities against discrimination. The
Canadian Human Rights Act prohibits discrimination against persons with
disabilities in the provision of goods and services, including transportation.
Under the National Transportation Act,
1987, as amended in July 1988, the National Transportation Agency can regulate
to eliminate undue obstacles. The Agency may also inquire into areas within the
federal transportation system where difficulties exist for travellers with
disabilities, and may order remedial action.
This law applies to all transportation
services under the authority of the National Transportation Act, 1987,
including air carriers; railways; CN’s Roadcruiser service in Newfoundland;
Marine Atlantic ferries and other federally supported ferry services; and
transportation equipment, facilities, and terminals related to these
transportation services.
Disabled travellers who encounter
obstacles while using these services may file a complaint with the National
Transportation Agency under the provisions of this Act, and the complaint will
be investigated by the Agency.
The
Canadian Government’s Role
The National
Transportation Act 1987 empowers the National Transportation Agency to
ensure accessibility through regulation.
Accessible transportation can be
achieved only through partnerships with industry and the provincial
governments. Transport Canada will lead by providing financial assistance and
funds for research and demonstrations, consultation and public education. Cost
considerations should not be used as a reason for inaction although they may
have a bearing on the extent and pace of transportation improvements that must
be made to facilitate access for all.
As a partner in the quest for
accessible transportation, Transport Canada hopes to promote and facilitate a
sense of shared responsibility.
Overall Principles
The following principles are to be
considered and applied with due regard to any associated safety regulations for
the benefit of the entire travelling public.
The Right of Access
The Government of Canada is responsible
for ensuring that safe, reliable and accessible transportation services and
facilities are available to able-bodied and disabled persons alike. When
travelling, persons with disabilities are entitled to be treated with the same
dignity, consistency and consideration afforded to other travellers and to
receive services customarily available to the general public. This entitlement
extends to information and directions that can be understood by travellers with
cognitive or sensory disabilities.
Terms and Conditions
Passengers with disabilities should not
be subject to unreasonable terms and conditions of carriage, nor face
additional charges or higher fares related to transportation services provided
for them.
Seniors’ Needs
The travel requirements of senior
travellers must be considered in ensuring accessible transportation. It has
been shown that improvements designed to benefit seniors frequently benefit all
travellers.
Independent Travel
All disabled travellers should be
assumed to be self-reliant with respect to any services required unless they,
or their chosen representatives, state otherwise.
Integration
Transportation services for elderly and
disabled travellers should be provided in conjunction with regular services
wherever possible. The integrated approach has been shown to provide broader
social and economic benefits than parallel services.
Attaining
Accessibility
Accessibility is a term that must be
constantly redefined. Although minimum standards of accessibility can be
defined, maximum standards cannot. As each goal is achieved, new goals must be
set if we are to succeed in making Canada’s transportation system accessible to
all.
Conclusion
The policy outlined above describes a
philosophy and approach for Transport Canada’s continued efforts to achieve
full accessibility in Canada’s transportation system. While remaining proactive
in its commitment, Transport Canada recognizes the increasing role that must be
assumed by regulatory bodies, carriers, and other levels of government to ensure
that every link in the travel chain is free of obstacles to travel. The
department also recognizes the vital role transportation plays in the everyday
lives of all Canadians.
Transport Canada has made significant
progress toward its goal of accessible transportation. Nevertheless, much
remains to be done to attain the goal of a safe, reliable and accessible
national transportation system.
With this policy, Transport Canada
reaffirms that it will continue to meet the challenges and play its rightful
role in promoting the full accessibility of our national transportation system.
__________________________________________
SAMPLE CHECKLIST
ACCESSIBLE
TRANSPORTATION POLICY DEVELOPMENT
Sample
Accessible Transportation Policy Development Checklist
1.
Are there
basic transportation network and services in your area?
2.
Is there
widespread awareness of the issues on accessible transportation?
3.
Do you have
general and specific legislation on accessible transportation?
4.
Are there
government bodies that have mandate on accessible transportation with
well-articulated policies and programs?
5.
Do you have
intergovernmental committees or task forces on seamless travel and coordination
of resources and services?
6.
Do you
participate in international committees or task forces on seamless travel and
coordination of resources and services?
7.
Are there
consumer umbrella organizations who can represent and enunciate the needs and
issues faced by travelers with disabilities?
8.
Do you have a
national strategy with targets for achievements for accessible transport?
9.
Do you have
accessibility guidelines, codes of practice, standards and regulations on
accessible vehicles, ways, terminals, intermodal/multimodal transfer and
communication systems for disabled travelers?
10. Do
you have dedicated funding and associated resources (operator and user
subsidies) to implement Action Plans on Accessible Transport?
11. Is
there a consultative mechanism (e.g., advisory committee) on accessible
transport with representatives from consumer groups, industry, carriers and
governments to address the accessibility issues?
12. Are
there independent bodies or judicial processes to handle complaints and to
mandate remedial measures?
13. Do
you have the knowledge or database and an R&D program on accessible
transport?