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Conclusion

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Based on the foregoing analysis, the issues set out in section 4 of this paper can be answered as follows:

  • Does the provision of para-transit service by the TTC, through its Wheel-Trans operations, meet the requirements of a “special program” within the meaning of section 14(1) of the Code?  No.
  • Does the provision of para-transit service by the City of Hamilton, through the para-transit organization DARTS, constitute a “special program” within the meaning of section 14(1) of the Code?   No.
  • Does the provision of para-transit service by the Windsor Transit Commission, through the para-transit organization Handi-Transit, constitute a “special program” within the meaning of section 14(1) of the Code?  No.
  • Does the provision of a para-transit service by the London Transit Commission, through the London Community Tranportation Brokerage, constitute a “special program” within the meaning of section 14(1) of the Code?  No.
  • Should the Commission exercise its declaratory authority under section 14(2) of the Code as against any or all of the aforementioned para-transit services?  Yes, with respect to each of the aforementioned para-transit services.

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