Tell the Ford Government, School Boards and Others To Use Recommended New Standard for Ensuring Accessibility of the Built Environment


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

Tell the Ford Government, School Boards and Others  To Use Recommended New Standard for Ensuring Accessibility of the Built Environment

June 16, 2021

            SUMMARY

Ontario desperately needs to modernize its outdated laws to ensure that buildings and the built environment becomes accessible to people with disabilities. The Ford Government has received a promising blueprint for this. This can help propel Ontario in the right direction towards becoming accessible to people with disabilities. Will the Ford Government act?

Below you can find one important part of the initial recommendations of the Government-appointed K-12 Education Standards Development Committee. These initial recommendations, which the Ford Government made public on June 1, 2021. This excerpt outlines what should be required for a school building to become physically accessible to students, school staff and family members with disabilities. We will have lots more to say in the coming days about the many other important initial recommendations that the K-12 Education Standards Development Committee offered for public feedback.

Many incorrectly think that the Ontario Building Code and accessibility standards enacted under the Accessibility for Ontarians with Disabilities Act require a new building or major renovations to be accessible for people with disabilities. Unfortunately, the physical accessibility requirements in those laws are grossly inadequate. The AODA Alliance gives compelling examples of this in three captioned online videos. These videos have been viewed thousands of times. These show serious accessibility problems in the Ryerson University’s new Student Learning Centre, in Centennial College’s new Culinary arts Centre, and in several new public transit stations in Toronto.

Two different AODA Independent Reviews, the 2014 Independent Review by Mayo Moran and the 2019 Independent Review by David Onley, each identified the disability barriers in the built environment as a priority. They both called for strong new action under the AODA. That action has not taken place.

Here’s what we set out below that is new and helpful to combat this situation. Written in non-technical language, is a list of important features that should be included in a building’s design. It is in a report that specifically talks about barriers facing students with disabilities in school. However, the recommendations listed below can equally apply to virtually any kind of building, not just schools.

These proposed requirements should be incorporated into the Ontario Building Code and AODA accessibility standards for buildings generally. In the meantime, and until they are enacted in laws, they should be followed whenever buildings, and especially public buildings are designed. This includes schools, hospitals, colleges, universities, government or private offices and any other public building.

These initial recommendations are the product of a joint collaboration between disability community and education sector representatives. The membership of the K-12 Education Standards Development Committee which approved these initial recommendations was appointed by the Ontario Government. Half of its members are drawn from the disability community, including AODA Alliance Chair David Lepofsky. The other half of the committee’s members are drawn from the education sector at all levels, including teachers, school board staff, and school board trustees. For an initial recommendation to be approved, the Ontario Government requires that it be supported by at least 75% of the committee’s membership.

Here is how the Ford Government can get an immediate start. Last summer, the Ford Government announced that at least a half a billion dollars were to be spent on new schools, and on major additions to existing schools. However the Government made no commitments that those new construction projects would be accessible to people with disabilities, and announced no new measures to achieve that goal. The Ontario Government should now require that those new school construction projects incorporate the accessibility requirements below. As well, even if the Ford Government does not act, school boards that will be undertaking these or any other construction projects can and should themselves use these recommendations in their building designs.

The K-12 Education Standards Development Committee confirmed in its initial recommendations report that the Ministry of Education does not now have a standard that sets accessibility requirements for school construction projects that the Government funds. Neither the Ontario Building Code nor AODA accessibility standards impose the requirements set out below.

Up to September 2, 2021, it is open to the public to send feedback to the K-12 Education Standards Development Committee on all its initial recommendations, including those set out below. We encourage everyone to send the Government that feedback. Send your feedback to the Government at [email protected]

We again urge the Ontario Government to now appoint a Built Environment Standards Development Committee to develop a comprehensive Built Environment Accessibility Standard under the AODA. The recommendations set out below would provide a great starting point for their discussions.

When he was seeking the public’s votes in the 2018 Ontario election, Doug Ford made specific commitments regarding the disability barriers in the built environment. Doug Ford’s May 15, 2018 letter to the AODA Alliance, setting out his party’s election commitments on disability accessibility, included:

  1. a) “Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.”
  1. b) “Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.”
  1. c) “Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”
  1. d) “This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.

Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

To learn more about the campaign to get Ontario to enact a strong and effective Education Accessibility Standard, visit the AODA Alliance website’s education page.

To learn more about the campaign to get the Ontario Government to enact a strong and effective Built Environment Accessibility Standard, visit the AODA Alliance website’s built environment page.

To download the entire set of initial recommendations by the K-12 Education Standards Development Committee on what the promised Education Accessibility Standard should include, visit https://www.aodaalliance.org/whats-new/download-in-ms-word-format-the-ontario-governments-survey-on-the-initial-or-draft-recommendations-of-the-k-12-education-standards-development-committee/

Initial Recommendations of the K-12 Education Standards Development Committee on Ensuring Physical Accessibility of the Built Environment in Education Settings

(Note: Even though these recommendations are written to address the school setting, they can easily apply to a very wide range of other buildings)

Specific Accessibility Requirements Recommendations

Recommendation Part Three: Usable Accessible Design for Exterior Site Elements

The following should be required:

  1. Access to the site for pedestrians
  2. a) Clear, intuitive connection to the accessible entrance
  3. b) A tactile raised line map shall be provided at the main entry points adjacent to the accessible path of travel but with enough space to ensure users do not block the path for others
  4. c) Path of travel from each sidewalk connects to an accessible entrance with few to no joints to avoid bumps. The primary paths shall be wide enough to allow two-way traffic with a clear width that allows two people using wheelchairs or guide dogs to pass each other. For secondary paths where a single path is used, passing spaces shall be provided at regular intervals and at all decision points. The height difference from the sidewalk to the entrance will not require a ramp or stairs. The path will provide drainage slopes only and ensure no puddles form on the path. Paths will be heated during winter months using heat from the school or other renewable energy sources.
  5. d) Bike parking shall be adjacent to the entry path. Riders shall be required to dismount and not ride on the pedestrian routes. Bike parking shall provide horizontal storage with enough space to ensure users and parked bikes do not block the path for others. The ground surface below the bikes shall be colour contrasted and textured to be distinct from the pedestrian path.
  6. e) Rest areas and benches with clear floor space for at least two assistive mobility devices or strollers or a mix of both shall be provided. Benches shall be colour contrasted, have back and arm rests and provide transfer seating options at both ends of the bench. These shall be provided every 30m along the path placed adjoining. The bench and space for assistive devices are not to block the path. If the path to the main entrance is less than 30m at least one rest area shall be provided along the route. If the drop-off area is in a different location than the pedestrian route from the sidewalk, an interior rest area shall be provided with clear sightlines to the drop-off area. If the drop-off area is more than 20m from the closest accessible entrance an exterior accessible heated shelter shall be provided for those awaiting pick-up. The ground surface below the rest areas shall be colour contrasted and textured to be distinct from the pedestrian path it abuts
  7. f) Tactile directional indicators shall be provided where large open paved areas happen along the route
  8. g) Accessible pedestrian directional signage at decision points
  9. h) Lighting levels shall be bright and even enough to avoid shadows and ensure it’s easy to see the features and to keep people safe.
  10. i) Accessible duress stations (Emergency safety zones in public spaces)
  11. j) Heated walkways shall be used where possible to ensure the path is always clear of snow and ice
  1. Access to the site for vehicles
  2. a) Clear, intuitive connection to the drop-off and accessible parking
  3. b) Passenger drop-off shall include space for driveway, layby, access aisle (painted with non slip paint), and a drop curb (to provide a smooth transition) for the full length of the drop off. This edge shall be identified and protected with high colour contrasted tactile attention indicators and bollards to stop cars, so people with vision loss or those not paying attention get a warning before walking into the car area. Sidewalk slopes shall provide drainage in all directions for the full length of the dropped curb
  4. c) Overhead protection shall be provided by a canopy that allows for a clearance for raised vans or buses and shall provide as much overhead protection as possible for people who may need more time to load or off-load
  5. d) Heated walkways from the drop-off and parking shall be used to ensure the path is always clear of snow and ice
  6. e) A tactile walking directional indicator path shall lead from the drop-off area to the closest accessible entrance to the building (typically the main entrance)
  7. f) A parking surface will only be steep enough to provide drainage in all directions. The drainage will be designed to prevent puddles from forming at the parking or along the pedestrian route from the parking
  8. g) Parking design should include potential expansion plans for future growth and/or to address increased need for accessible parking
  9. h) Parking access aisles shall connect to the sidewalk with a curb cut that leads to the closest accessible entrance to the building. (so that no one needs to travel along the driveway behind parked cars or in the path of car traffic)
  10. i) Lighting levels shall be bright and even enough to avoid shadows and to ensure it’s easy to see obstacles and to keep people safe.
  11. j) If there is more than one parking lot, each site shall have a distinctive colour and shape symbol associated with it that will be used on all directional signage especially along pedestrian routes.
  12. Parking
  13. a) The provision of parking spaces near the entrance to a facility is important to accommodate persons with a varying range of abilities as well as persons with limited mobility. Medical conditions, such as anemia, arthritis or heart conditions, using crutches or the physical act of pushing a wheelchair, all can make it difficult to travel long distances. Minimizing travel distances is particularly important outdoors, where weather conditions and ground surfaces can make travel difficult and hazardous.
  14. b) The sizes of accessible parking stalls are important. A person using a mobility aid such as a wheelchair requires a wider parking space to accommodate the manoeuvring of the wheelchair beside the car or van. A van may also require additional space to deploy a lift or ramp out the side or back door. An individual would require space for the deployment of the lift itself as well as additional space to manoeuvre on/off the lift.
  15. c) Heights of passage along the driving routes to accessible parking is a factor. Accessible vans may have a raised roof resulting in the need for additional overhead clearance. Alternatively, the floor of the van may be lowered, resulting in lower capacity to travel over for speed bumps and pavement slope transitions.
  16. d) Wherever possible, parking signs shall be located away from pedestrian routes, because they can constitute an overhead and/or protruding hazard. All parking signage shall be placed at the end of the parking space in a bollard barricade to stop cars, trucks or vans from parking over and blocking the sidewalk.
  1. A Building’s Exterior doors
  2. a) Level areas on both sides of a building’s exterior door shall allow the clear floor space for a large scooter or mobility device or several strollers to be at the door. Exterior surface slope shall only provide drainage away from the building.
  3. b) 100% of a building’s exterior doors will be accessible with level thresholds, colour contrast, accessible door hardware and in-door windows or side windows (where security allows) so those approaching the door can see if someone is on the other side of the door
  4. c) Main entry doors at the front of the building and the door closest to the parking lot (if not the same) to be obvious, prominent and will have automatic sliders with overhead sensors. Placing power door operator buttons correctly is difficult and often creates barriers especially within the vestibule
  5. d) Accessible security access for after hours or if used all day with 2-way video for those who are deaf and/or scrolling voice to text messaging
  6. e) All exit doors shall be accessible with a level threshold and clear floor space on either side of the door. The exterior shall include a paved accessible path leading away from the building

Accessible Design for Interior Building Elements – General Requirements Recommendations

The following should be required:

85. Entrances:

  1. a) All entrances used by staff and/or the public shall be accessible and comply with this section. In a retrofit situation where it is technically infeasible to make all staff and public entrances accessible, at least 50% of all staff and public entrances shall be accessible and comply with this section. In a retrofit situation where it is technically infeasible to make all public entrances accessible, the primary entrances used by staff and the public shall be accessible.

86. Door:

  1. a) Doors shall be sufficiently wide enough to accommodate stretchers, wheelchairs or assistive scooters, pushing strollers, or making a delivery
  2. b) Threshold at the door’s base shall be level to allow a trip free and wheel friendly passage.
  3. c) Heavy doors and those with auto closers shall provide automatic door openers.
  4. d) Room entrances shall have doors.
  5. e) Direction of door swing shall be chosen to enhance the usability and limit the hazard to others of the door opening.
  6. f) Sliding doors can be easier for some individuals to operate and can also require less wheelchair manoeuvring space.
  7. g) Doors that require two hands to operate will not be used.
  8. h) Revolving doors are not accessible.
  9. i) Full glass doors are not to be used as they represent a hazard.
  10. j) Colour-contrasting will be provided on door frames, door handles as well as the door edges.
  11. k) Door handles and locks will be operable by using a closed fist, and not require fine finger control, tight grasping, pinching, or twisting of the wrist to operate

87. Gates, Turnstiles and Openings:

  1. a) Gates and turnstiles should be designed to accommodate the full range of users that may pass through them. Single-bar gates designed to be at a convenient waist height for ambulatory persons are at neck and face height for children and chest height for persons who use wheelchairs or scooters.
  2. b) Revolving turnstiles should not be used as they are a physical impossibility for a person in a wheelchair to negotiate. They are also difficult for persons using canes or crutches, or persons with poor balance.
  3. c) All controlled entry points will provide an accessible width to allow passage of wheelchairs, other mobility devices, strollers, walkers or delivery carts.

88. Windows, Glazed Screens and Sidelights

  1. a) Broad expanses of glass should not be used for walls, beside doors and as doors can be difficult to detect. This may be a particular concern to persons with vision loss/no vision. It is also possible for anyone to walk into a clear sheet of glazing especially if they are distracted or in a hurry.
  2. b) Windowsill heights and operating controls for opening windows or closing blinds should be accessible…located on a path of travel, with clear floor space, within reach of a shorter or seated user, colour contrasted and not require punching or twisting to operate.

89. Drinking Fountains

  1. a) Drinking fountain height should accommodate children and that of a person using a wheelchair or scooter. Potentially conflicting with this, the height should strive to attempt to accommodate individuals who have difficulty bending and who would require a higher fountain. Where feasible, this may require more than one fountain, at different heights. The operating system shall account for limited hand strength or dexterity. Fountains will be recessed, to avoid protruding into the path of travel. Angled recessed alcove designs allow more flexibility and require less precision by a person using a wheelchair or scooter. Providing accessible signage with a tactile attention indicator tile will help those who with vision loss to find the fountain.

90. Layout

  1. a) The main office where visitors and others need to report to upon entering the building shall always be located on the same level as the entrance, as close to the entrance as possible. If the path of travel to the office crosses a large open area, a tactile directional indicator path shall lead from the main entrance(s) to the office ID signage next to the office door.
  2. b) All classrooms and or public destinations shall be on the ground floor. Where this is not possible, at least 2 elevators should be provided to access all other levels. Where the building is long and spread out, travel distance to elevators should be considered to reduce extra time needed for students and staff or others who use the elevators instead of the stairs. If feature stairs (staircases included in whole or in part for design aesthetics) are included, elevators shall be co-located and just as prominent as the stairs
  3. c) Corridors should meet at 90-degree angles. Floor layouts from floor to floor should be consistent and predictable so the room number line up and are the same with the floors above and below along with the washrooms
  4. d) Multi-stall washrooms shall always place the women’s washroom on the right and the men’s washroom on the left. No labyrinth entrances shall be used. Universal washrooms shall be co-located immediately adjacent to the stall washrooms, in a location that is consistent and predictable throughout the building

91. Facilities

  1. a) The entry doors to each type of facility within a building should be accessible, colour contrasted, obvious and prominent and designed as part of the wayfinding system including accessible signage that is co-located with power door openers controls.
  2. b) Tactile attention indicator tile will be placed on the floor in front of the accessible ID signage at each room or facility type. Where a room or facility entrance is placed off of a large interior open area

Accessible Design for Interior Building Elements – Circulation Recommendations

The following should be required:

92. Elevators

  1. a) Elevator Doors will provide a clear width to allow a stretcher and larger mobility devices to get in and out
  2. b) Doors will have sensors so doors will auto open if the doorway is blocked
  3. c) Elevators will be installed in pairs so that when one is out of service for repair or maintenance, there is an alternative available.
  4. d) Elevators will be sized at allow at least two mobility device users and two non-mobility devices users to be in the elevator at the same time. This should also allow for a wide stretcher in case of emergency.
  5. e) Assistive listening will be available in each elevator to help make the audible announcements heard by those using hearing aids
  6. f) Emergency button on the elevator’s control panel will also provide 2-way communication with video and scrolling text and a keyboard for people who are deaf or who have other communication disabilities
  7. g) Inside the elevators will be additional horizontal buttons on the side wall in case there is not enough room for a person using a mobility aid to push the typical vertical buttons along the wall beside the door. If there are only two floors the elevator will only provide the door open, close and emergency call buttons and the elevator will automatically move to the floor it is not on.
  8. h) The words spoken in the elevator’s voice announcement of the floor will be the same as the braille and print floor markings, so the button shows 1 as a number, 1 in braille and the voice says first floor not G for Ground with M in braille and voice says first floor.)
  9. i) Ensure the star symbol for each elevator matches ground level appropriate to the elevator. The star symbol indicates the floor the elevator will return to in an emergency. This means users in the elevator will open closest to the available accessible exit. If the entrance on the north side is on the second floor, the star symbol in that elevator will be next to the button that says 2. If the entrance on the south side of the building is on the 1st floor, the star symbol will be next to the button that says 1.
  10. j) The voice on the elevator shall be set at a volume that is audible above typical noise levels while the elevator is in use, so that people on the elevator can easily hear the audible floor announcements.
  11. k) Lighting levels inside the elevator will match the lighting at the elevator lobbies. Lighting will be measured at the ground level
  12. l) Elevators will provide colour contrast between the floor and the walls inside the cab and between the frame of the door or the doors with the wall surrounding in the elevator lobbies. Vinyl peel and stick sheets or paint will be used to cover the shiny metal which creates glare. Vinyl sheets will be plain to ensure the door looks like a door, and not like advertising
  13. m) In a retrofit situation where adding 2 elevators is not technically possible without undue hardship, platform lifts may be considered. Elevators that are used by all facility users are preferred to platform lifts which tend to segregate persons with disabilities and which limit space at entrance and stair locations. Furthermore, independent access is often compromised by such platform lifts, because platform lifts are often requiring a key to operate. Whenever possible, integrated elevator access should be incorporated to avoid the use of lifts.

93. Ramps

  1. a) A properly designed ramp can provide wait-free access for those using wheelchairs or scooters, pushing strollers or moving packages on a trolley or those who are using sign language to communicate and don’t want to stop talking as they climb stairs.
  2. b) A ramp’s textured surfaces, edge protection and handrails all provide important safety features.
  3. c) On outdoor ramps, heated surfaces shall be provided to address the safety concerns associated with snow and ice.
  4. d) Ramps shall only be used where the height difference between levels is no more than 1m (4ft). Longer ramps take up too much space and are too tiring for many users. Where a height difference is more than 1m in height, elevators will be provided instead.
  5. e) Landings will be sized to allow a large mobility device or scooter to make a 360 degree turn and/or for two people with mobility assistive devices or guide dogs to pass
  6. f) Slopes inside the building will be no higher than is permitted for exterior ramps in the Accessibility for Ontarians with Disabilities Act’s Design of Public Spaces Standard, to ensure usability without making the ramp too long.
  7. g) Curved ramps will not be used, because the cross slope at the turn is hard to navigate and a tipping hazard for many people.
  8. h) Colour and texture contrast will be provided to differentiate the full slope from any level landings. Tactile attention domes shall not be used at ramps, because they are meant only for stairs and for drop-off edges like at stages

94. Stairs

  1. a) Stairs that are comfortable for many adults may be challenging for children, seniors or persons of short stature.
  2. b) The leading edge of each step (aka nosing) shall not present tripping hazards, particularly to persons with prosthetic devices or those using canes and will have a bright colour contrast to the rest of the horizontal step surface.
  3. c) Each stair in a staircase will use the same height and depth, to avoid creating tripping hazards
  4. d) The rise between stairs will always be smooth, so that shoes will not catch on an abrupt edge causing a tripping hazard. These spaces will always be closed as open stairs create a tripping hazard.

The top of all stair entry points will have a tactile attention indicator surface, to ensure the drop-off is identified for those who are blind or distracted.

  1. e) Handrails will aid all users navigating stairways safely. Handrails will be provided on both sides of all stairs and will be provided at both the traditional height as well as a second lower rail for children or people who are shorter. These will be in a high colour contrasting colour and round in shape, without sharp edges or interruptions.

Accessible Design for Interior Building Elements – Washroom Facilities Recommendations

The following should be required:

95. General Washroom Requirements

  1. a) Washroom facilities will accommodate the range of people that will use the space. Although many persons with disabilities use toilet facilities independently, some may require assistance. Where the individual providing assistance is of the opposite gender then typical gender-specific washrooms are awkward, and so an individual washroom is required.
  2. b) Parents and caregivers with small children and strollers also benefit from a large, individual washroom with toilet and change facilities contained within the same space.
  3. c) Circumstances such as wet surfaces and the act of transferring between toilet and wheelchair or scooter can make toilet facilities accident-prone areas. An individual falling in a washroom with a door that swings inward could prevent his or her own rescuers from opening the door. Due to the risk of accidents, emergency call buttons are vital in all washrooms.
  4. d) The appropriate design of all features will ensure the usability and safety of all toilet facilities.
  5. e) The identification of washrooms will include pictograms for children or people who cannot read. All signage will include braille that translates the text on the print sign, and not only the room number.
  6. f) There are three types of washrooms. Single use accessible washrooms, single use universal washrooms, and multi-use stalled washrooms. The number and types of washrooms used in a facility will be determined by the number of users. There will always at least be one universal washroom on each floor.
  7. g) All washrooms will have doors with power door opening buttons. No door washrooms will be hard to identify for people who have vision loss.
  8. h) Stall washrooms accessible sized stalls – At least 2 accessible stalls shall be provided in each washroom to avoid long wait times. Schools with accessible education programs that include a large percentage of people with mobility disabilities should to have all stalls sized to accommodate a turn circle and the transfer space beside the toilet.
  9. i) All washrooms near rooms that will be used for public events shall include a baby change table that is accessible to all users, not placed inside a stall. It shall be colour contrasted with the surroundings and usable for those in a seated mobility device and or of shorter stature.
  10. j) At least one universal washroom will include an adult sized change table, with the washroom located near appropriate facilities in the school and any public event spaces. These are important for some adults with disabilities and for children with disabilities who are too large for the baby change tables. This helps prevent anyone from needing to be changed lying on a bathroom floor.
  11. k) Where shower stalls are provided, these shall include accessible sized stalls.
  12. l) Portable Toilets at Special Events shall all be accessible. At least one will include an adult sized change table.
  1. Washroom Stalls
  2. a) Size: Manoeuvrability of a wheelchair or scooter is the principal consideration in the design of an accessible stall. The increased size of the stall is required to ensure there is sufficient space to facilitate proper placement of a wheelchair or scooter to accommodate a person transferring transfer onto the toilet from their mobility device. There may also be instances where an individual requires assistance. Thus, the stall will have to accommodate a second person.
  3. b) Stall Door swings are normally outward for safety reasons and space considerations. However, this makes it difficult to close the door once inside. A handle mounted part way along the door makes it easier for someone inside the stall to close the door behind them.
  4. c) Minimum requirements for non-accessible toilet stalls are included to ensure that persons who do not use wheelchairs or scooters can be adequately accommodated within any toilet stall.
  5. d) Universal features include accessible hardware and a minimum stall width to accommodate persons of large stature or parents with small children.
  6. Toilets
  7. a) Automatic flush controls are preferred. If flushing mechanisms are not automated, flushing controls shall be on the transfer side of the toilet, with colour contrasted and lever style handles.
  8. b) Children sized toilets and accessible child sized toilets will be required in kindergarten areas either within the classroom or immediately adjacent to the facilities.
  9. Sinks
  10. a) Each accessible sink shall be on an accessible path of travel that other people, using other sinks or features (like hand-dryers), are not positioned to block.
  11. b) The sink, sink controls, soap dispenser and towel dispenser should all be at an accessible height and location and should all be automatic controls that do not require physical contact.
  12. c) While faucets with remote-eye technology may initially confuse some individuals, their ease of use is notable. Individuals with hand strength or dexterity difficulties can use lever-style handles.
  13. d) For an individual in a wheelchair and younger children, a lower counter height and clearance for knees under the counter are required.
  14. e) The insulating of hot water pipes shall be assured to protect the legs of an individual using a wheelchair. This is particularly important when a disability impairs sensation such that the individual would not sense that their legs were being burned.
  15. f) The combination of shallow sinks and higher water pressures can cause unacceptable splashing at lavatories.
  1. Urinals
  2. a) Each urinal needs to be on an accessible path of travel with clear floor space in front of each accessible urinal to provide the manoeuvring space for a mobility device.
  3. b) Urinal grab bars shall be provided to assist individuals rising from a seated position and others to steady themselves.
  4. c) Floor-mounted urinals accommodate children and persons of short stature as well as enabling easier access to drain personal care devices.
  5. d) Flush controls, where used, will be automatic preferred. Strong colour contrasts shall be provided between the urinal, the wall and the floor to assist persons with vision loss/no vision.
  6. e) In stall washrooms with Urinals, all urinals will be accessible with lower rim heights. For primary schools the urinal should be full height from floor to upper rim to accommodate children. Stalled washrooms with urinals will have an upper rim at the same height as typical non-accessible urinals to avoid the mess taller users can make. All urinals will provide vertical grab bars which are colour contrasted to the walls. Where dividers between urinals are used, the dividers will be colour contrasted to the walls as well.
  1. Showers
  2. a) Roll-in or curb less shower stalls shall be provided to eliminate the hazard of stepping over a threshold and are essential for persons with disabilities who use wheelchairs or other mobility devices in the shower.
  3. b) Grab bars and non-slip materials shall be included as safety measures that will support any individual.
  4. c) Colour contrasted hand-held shower head and a water-resistant folding bench shall be included to assist persons with disabilities. These are also convenient for others.
  5. d) Other equipment that has contrasting colour from the shower stall shall be included to assist individuals with vision loss/no vision.
  6. e) Shower floor drain locations will be located to avoid room flooding when they may get blocked
  7. f) Colour contrast will be provided between the floor and the walls in the shower to assist with wayfinding
  8. g) Shower curtains will be used for individual showers instead of doors as much as possible as it
  9. h) Where showers are provided in locker rooms each locker room will include at least one accessible shower, but an additional individual shower room will be provided immediately adjacent to allow for those with opposite sex attendants to assist them with the appropriate privacy.

Accessible Design for Interior Building Elements – Specific Room Requirements Recommendations

101. Performance stages

The following should be required:

  1. a) Elevated platforms, such as stage areas, speaker podiums, etc., shall be accessible to all.
  2. b) A clear accessible route will be provided along the same path of access for those who are not using mobility assistive devices as those who do. Lifts will not be used to access stage or raised platforms, unless the facility is retrofitting an existing stage and it is not technically possible to provide access by other means.
  3. c) The stage shall include safety features to assist persons with vision loss or those momentarily blinded by stage lights from falling off the edge of a raised stage, such as a colour contrasted raised lip along the edge of the stage.
  4. d) Lecterns shall be accessible with an adjustable height surface, knee space and accessible audio visual (AV) and information technology (IT) equipment. Lecterns shall have a microphone that is connected to an assistive listening system, such as a hearing loop. The office and/or presentation area will have assistive listening units available for those who may request them, for example people who are hard of hearing but not yet wearing hearing aids.
  5. e) Lighting shall be adjustable to allow for a minimum of lighting in the public seating area and backstage to allow those who need to move or leave with sufficient lighting at floor level to be safe

102. Sensory Rooms

The following should be required:

  1. a) Sensory rooms will be provided in a central location on each floor where there are classrooms or public meeting spaces
  2. b) They will be soundproof and identified with accessible signage
  3. c) The interior walls and floor will be darker in colour, but colour contrast will be used to distinctly differentiate the floor from the wall and the furniture
  4. d) Lighting will be provided on a dimmer to allow for the room to be darkened
  5. e) Weighted blankets will be available along with a variety of different seating options including beanbag chairs or bouncy seat balls
  6. f) They will provide a phone or other 2-way communication to call for assistance if needed

103. Offices, Work Areas, and Meeting Rooms

The following should be required:

  1. a) Offices providing services or programs to the public will be accessible to all, regardless of mobility or functional needs. Offices and related support areas shall be accessible to staff and visitors with disabilities.
  2. b) All people, but particularly those with hearing loss/persons who are hard-of-hearing, will benefit from having a quiet acoustic environment – background noise from mechanical equipment such as fans, shall be designed to be minimal. Telephone equipment that supports the needs of individuals with hearing and vision loss shall be available.
  3. c) The provision of assistive speaking devices is important for the range of individuals who may have difficulty with low vocal volume thus affecting production of normal audible levels of sound. Where offices and work areas and small meeting rooms do not have assistive listening, such as hearing loops permanently installed, portable assistive hearing loops shall be available at the office
  4. d) Tables and workstations shall provide the knee space requirements of an individual in a mobility assistive device. Adjustable height tables allow for a full range of user needs. Circulation areas shall accommodate the spatial needs of mobility equipment as large as scooters to ensure all areas and facilities in the space can be reached with appropriate manoeuvring and turning spaces.
  5. e) Natural coloured task lighting, such as that provided through halogen bulbs, shall be used wherever possible to facilitate use by all, especially persons with low vision.
  6. f) In locations where reflective glare may be problematic, such as large expanses of glass with reflective flooring, blinds that can be louvered upwards shall be provided. Controls for blinds shall be accessible to all and usable with a closed fist without pinching or twisting

104. Outdoor Athletic and Recreational Facilities

The following should be required:

  1. a) Areas for outdoor recreation, leisure and active sport participation shall be designed to be available to all members of the school community.
  2. b) Outdoor spaces will allow persons with a disability to be active participants, as well as spectators, volunteers and members of staff. Spaces will be accessible including boardwalks, trails and footbridges, pathways, parks, parkettes and playgrounds, parks, parkettes and playgrounds, grandstand and other viewing areas, and playing fields
  3. c) Assistive listening will be provided where game or other announcements will be made for all areas including the change room, player, coach and public areas.
  4. d) Noise cancelling headphones shall be available to those with sensory disabilities.
  5. e) Outdoor exercise equipment will include options for those with a variety of disabilities including those with temporary disabilities undergoing rehabilitation.
  6. f) Seating and like facilities shall be inclusive and allow for all members of a disabled sports team to sit together in an integrated way that does not segregate anyone.
  7. g) Seating and facilities will be inclusive and allow for all members of a sports team of persons with disabilities to sit together in an integrated way that does not segregate anyone.

105. Arenas, Halls and Other Indoor Recreational Facilities

The following should be required:

  1. a) Areas for recreation, leisure and active sport participation will be accessible to all members of the community.
  2. b) Assistive listening will be provided where game or other announcements will be made for all areas including the change room, player, coach and public areas.
  3. c) Noise cancelling headphones will be available to those with sensory disabilities.
  4. d) Access will be provided throughout outdoor facilities including to; playing fields and other sports facilities, all activity areas, outdoor trails, swimming areas, play spaces, lockers, dressing/change rooms and showers.
  5. e) Interior access will be provided to halls, arenas, and other sports facilities, including access to the site, all activity spaces, gymnasia, fitness facilities, lockers, dressing/change rooms and showers.
  6. f) Spaces will allow persons with disabilities to be active participants, as well as spectators, volunteers and members of staff.
  7. g) Indoor exercise equipment will include options for those with a variety of disabilities including those with temporary disabilities who are undergoing rehabilitation.
  8. h) Seating and facilities will be inclusive and allow for all members of a sports team of persons with disabilities to sit together in an integrated way that does not segregate or stigmatize anyone.

106. Swimming Pools

The following should be required:

  1. a) Primary considerations for accommodating persons who have mobility impairments include accessible change facilities and a means of access into the water. Ramped access into the water is preferred over lift access, as it promotes integration (everyone will use the ramp) and independence.
  2. b) Persons with low vision benefit from colour and textural surfaces that are detectable and safe for both bare feet or those wearing water shoes. These surfaces will be provided along primary routes of travel leading to access points such as pool access ladders and ramps.
  3. c) Tactile surface markings and other barriers will be provided at potentially dangerous locations, such as the edge of the pool, at steps into the pool and at railings.
  4. d) Floors will be slip resistant to help those who are unsteady on their feet and everyone even in wet conditions.

107. Cafeterias

The following should be required:

  1. a) Cafeteria serving lines and seating area designs shall reflect the lower sight lines, reduced reach, knee-space and manoeuvring requirements of a person using a wheelchair or scooter. Patrons using mobility devices may not be able to hold a tray or food items while supporting themselves on canes or while manoeuvring a wheelchair.
  2. b) If tray slides are provided, they will be designed to move trays with minimal effort.
  3. c) Food signage will be accessible.
  4. d) All areas where food is ordered and picked up will be designed to meet accessible service counter requirements
  5. e) Self serve food will be within the reach of people who are shorter or using seated mobility assistive devices
  6. f) Where trays are provided, a tray cart that can be attached to seated assistive mobility devices or a staff assistant solution that is readily available shall be available on demand, because carrying trays and pushing a chair or operating a motorized assistive device can be difficult or impossible.

108. Libraries

The following should be required:

  1. a) All service counters shall provide accessibility features
  2. b) Study carrels will accommodate the knee-space and armrest requirements of a person using a mobility device.
  3. c) Computer catalogues, carrels and workstations will be provided at a range of heights, to accommodate persons who are standing or sitting, as well as children of different ages and sizes.
  4. d) Workstations shall be equipped with assistive technology such as large displays, screen readers, to increase the accessibility of a library.
  5. e) Book drop-off slots shall be at different heights for standing and seated use with accessible signage, to enhance usability.

109. Teaching Spaces and Classrooms

The following should be required:

  1. a) Students, teachers and staff with disabilities will have accessibility to teaching and classroom facilities, including teaching computer labs.
  2. b) All teaching spaces and classrooms will provide power door operators and assistive listening systems such as hearing loops
  3. c) Additional considerations may be necessary for spaces and/or features specifically designated for use by students with disabilities, such as accessibility standard accommodations for complex personal care needs.
  4. d) Students teachers and staff with disabilities will be accommodated in all teaching spaces throughout the school.
  5. e) This accessibility will include the ability to enter and move freely throughout the space, as well as to use the various built-in elements within (i.e. blackboards and/or whiteboards, switches, computer stations, sinks, etc.). Classroom and meeting rooms must be designed with enough room for people with mobility devices to comfortably move around.
  6. f) Individuals with disabilities frequently use learning aids and other assistive devices that require a power supply. Additional electrical outlets shall be provided throughout teaching spaces to -accommodate the use of such equipment.
  7. g) Except where it is impossible, fixtures, fittings, furniture and equipment will be specified for teaching spaces, which is usable by students, faculty, teaching assistants and staff with disabilities.
  8. h) Providing only one size of seating does not reflect the diversity of body types of our society. Offering seats with an increased width and weight capacity is helpful for persons of large stature. Seating with increased legroom will better suit individuals that are taller. Removable armrests can be helpful for persons of larger stature as well as individuals using wheelchairs that prefer to transfer to the seat.
  1. Laboratories will provide, in addition to the requirements for classrooms, additional accessibility considerations may be necessary for spaces and/or features in laboratories.

111. Waiting and Queuing Areas

The following should be required:

  1. a) Queuing areas for information, tickets or services will permit persons who use wheelchairs, scooters and other mobility devices as well as for persons with a varying range of user ability to easily move through the line safely.
  2. b) All lines shall be accessible.
  3. c) Waiting and queuing areas will provide space for mobility devices, such as wheelchairs and scooters.
  4. d) Queuing lines that turn corners or double back on themselves will provide adequate space to manoeuvre mobility devices.
  5. e) Handrails, not flexible guidelines, with high colour contrast will be provided along queuing lines, because they are a useful support for individuals and guidance for those with vision loss.
  6. f) Benches in waiting areas shall be provided for individuals who may have difficulty with standing for extended periods.
  7. g) Assistive listening systems will be provided, such as hearing loops, will be provided along with accessible signage indicating this service is available.

112. Information, Reception and Service Counters

The following should be required:

  1. a) All information, reception and service counters will be accessible to the full range of visitors. Where adjustable height furniture is not used, a choice of fixed counter heights will provide a range of options for a variety of persons. Lowered sections will serve children, persons of short stature and persons using mobility devices such as a wheelchair or scooter. The choice of heights will also extend to any speaking ports and writing surfaces.
  2. b) Counters will provide knee space under the counter to accommodate a person using a wheelchair or a scooter.
  3. c) The provision of assistive speaking and listening devices is important for the range of individuals who may have difficulty with low vocal volume thus affecting production of normal audible levels of sound. The space where people are speaking will have appropriate acoustic treatment to ensure the best possible conditions for communication. Both the public and staff sides of the counter will have good lighting for the faces to help facilitate lip reading.
  4. d) Colour contrast will be provided to delineate the public service counters and speaking ports for people with low vision.

Accessible Design for Interior Building Elements – Other Features Recommendations

113. Lockers

The following should be required:

  1. a) Lockers will be accessible with colour contrast and accessible signage
  2. b) In change rooms an accessible bench will be provided in close proximity to lockers.
  3. c) Lockers at lower heights serve the reach of children or a person using a wheelchair or scooter.
  4. d) The locker operating mechanisms will be at an appropriate height and operable by individuals with restrictions in hand dexterity (i.e. operable with a closed fist).

114. Storage, Shelving and Display Units

The following should be required:

  1. a) The heights of storage, shelving and display units will address a full range of vantage points including the lower sightlines of children or a person using a wheelchair or scooter. The lower heights also serve the lower reach of these individuals.
  2. b) Displays and storage along a path of travel that are too low can be problematic for individuals that have difficulty bending down or who are blind. If these protrude too much into the path of travel, each will protect people with the use of a trip free cane detectable guard.
  3. c) Appropriate lighting and colour contrast are particularly important for persons with vision loss.
  4. d) Signage provided will be accessible with braille, text, colour contrast and tactile features.

115. Public Address Systems

The following should be required:

  1. a) Public address systems will be designed to best accommodate all users, especially those that may be hard of hearing. They will be easy to hear above the ambient background noise of the environment with no distortion or feedback. Background noise or music will be minimized.
  2. b) Technology for visual equivalents of information being broadcast will be available for individuals with hearing loss/persons who are hard-of-hearing who may not hear an audible public address system.
  3. c) Classrooms, library, hallways, and other areas will have assistive listening equipment that is tied into the general public address system.

116. Emergency Exits, Fire Evacuation and Areas of Rescue Assistance

The following should be required:

116.1 In order to be accessible to all individuals, emergency exits will include the same accessibility features as other doors. The doors and routes will be marked in a way that is accessible to all individuals, including those who may have difficulty with literacy, such as children or persons speaking a different language.

116.2 Persons with vision loss/no vision will be provided a means to quickly locate exits – audio or talking signs could assist.

116.3 Areas of rescue assistance

  1. a) In the event of fire when elevators cannot be used, areas of rescue assistance shall be provided especially for anyone who has difficulty traversing sets of stairs.
  2. b) Areas of rescue assistance will be provided on all floors above or below the ground floor.
  3. c) Exit stairs will provide an area of rescue assistance on the landing with at least two spaces for people with mobility assistive devices sized to ensure those spaces do not block the exit route for those using the stairs.
  4. d) The number of spaces necessary on each floor that does not have a at grade exit should be sized by the number of people on each floor.
  5. e) Each area of refuge will provide a 2-way communication system with both 2-way video and audio to allow those using these spaces to communicate that they are waiting there and to communicate with fire safety services and or security.
  6. f) All signage associated with the area of rescue assistance will be accessible and include braille for all controls and information.

117. Other Features

The following should be required:

117.1 Space and Reach Requirements

  1. a) The dimensions and manoeuvring characteristics of wheelchairs, scooters and other mobility devices will allow for a full array of equipment that is used by individuals to access and use facilities, as well as the diverse range of user ability.

117.2 Ground and Floor Surfaces

  1. a) Irregular surfaces, such as cobblestones or pea-gravel finished concrete, shall be avoided because they are difficult for both walking and pushing a wheelchair. Slippery surfaces are to be avoided because they are hazardous to all individuals and especially hazardous for seniors and others who may not be sure-footed.
  2. b) Glare from polished floor surfaces is to be avoided because it can be uncomfortable for all users and can be a particular obstacle to persons with vision loss by obscuring important orientation and safety features. Pronounced colour contrast between walls and floor finishes are helpful for persons with vision loss, as are changes in colour/texture where a change in level or function occurs.
  3. c) Patterned floors should be avoided, as they can create visual confusion.
  4. d) Thick pile carpeting is to be avoided as it makes pushing a wheelchair very difficult. Small and uneven changes in floor level represent a further barrier to using a wheelchair and present a tripping hazard to ambulatory persons.
  5. e) Openings in any ground or floor surface such as grates or grilles are to be avoided because they can catch canes or wheelchair wheels.

118. Universal Design Practices beyond Typical Accessibility Requirements

The following should be required:

118.1 Areas of refuge should be provided even when a building has a sprinkler system.

118.2 No hangout steps* should ever be included in the building or facility.

* Hangout steps are a socializing area that is sometimes used for presentations. It looks similar to bleachers. Each seating level is further away from the front and higher up but here people sit on the floor rather than on seats. Each seating level is about as deep as four stairs and about 3 stairs high. There is typically a regular staircase provided on one side that leads from the front or stage area to the back at the top. The stairs allow ambulatory people access to all levels of the seating areas, but the only seating spaces for those who use mobility assistive devices are at the front or at the top at the back, but these are not integrated in any way with the other seating options.

118.3 There should never be “stramps”. A stramp is a staircase that someone has built a ramp running back and forth across. These create accessibility problems rather than solving them

118.4 Rest areas should be differentiated from walking surfaces or paths by texture- and colour-contrast

118.5 Keypads angled to be usable from both a standing and a seated position

118.6 Finishes

  1. a) No floor-to-ceiling mirrors
  2. b) Colour luminance contrast will be provided at least between:
  3. Floor to wall
  4. Door or door frame to wall

iii. Door hardware to door

  1. Controls to wall surfaces

118.7 Furniture – Arrange seating in square or round arrangement so all participants can see each other for those who are lip reading or using sign language

118.8 No sharp corners especially near turn circles or under surfaces where people will be sitting

119. Requirements for Public Playgrounds on or Adjacent to School Property

The following should be required:

119.1 Accessible path of travel from sidewalk and entry points to and throughout the play space. Tactile directional indicators would help as integrated path through large open spaces

119.2 Accessible controlled access routes into and out of the play space

119.3 Multiple ways to use and access play equipment

119.4 A mix of ground-level equipment integrated with elevated equipment accessible by a ramp or transfer platform

119.5 Where stairs are provided, ramps to same area

119.6 No overhead hazards

119.7 Ramp landings, elevated decks and other areas should provide sufficient turning space for mobility devices and include fun plan activities not just a view

119.8 Space to park wheelchairs and mobility devices beside transfer platforms

119.9 Space for a caregiver to sit beside a child on a slide or other play element

119.10 Provide elements that can be manipulated with limited exertion

119.11 Avoid recurring scraping or sharp clanging sounds such as the sound of dropping stones and gravel

119.12 Avoid shiny surfaces as they produce a glare

119.13 Colour luminance contrast will be provided at least at:

  1. a) Different spaces throughout the play area
  2. b) Differentiate the rise and run on steps. Include colour contrasting on the edge of each step
  3. c) Play space boundaries and areas where children should be cautious, such as around high traffic areas e.g. slide exits
  4. d) Entry to play areas with shorter doors to help avoid hitting heads
  5. e) Tactile edges where there is a level change like at the top of the stairs or at a drop-off
  6. f) Transfer platforms
  7. g) Railings and handrails contrasted to the supports to make them easier to find
  8. h) Tripping hazards should be avoided but if they exist, providing colour contrast, to improve safety for all. This is more likely in an older playground
  9. i) Safe zones around swings, slide exits and other play areas where people are moving, that might not be noticed when people are moving around the playground

119.14 Play Surfacing Materials Under Foot will be pour-in-place rubber surfacing that should be made of either

  1. a) Rubber Tile
  2. b) Engineered wood fiber
  3. c) Engineered carpet, artificial turf, and crushed rubber products
  4. d) Sand

119.15 Accessible Parking and Curbs, where provided, at least one clearly marked accessible space positioned as close as possible to the playground on a safe, accessible route to the play space

119.16 Accessible Signage

  1. a) Accessible signage and raised line map at each entrance to the park
  2. b) Provide large colour contrasted text, pictograms, braille
  3. c) provide signage at each play element with ID text and braille, marked with a Tactile attention paver to make it easier to find
  4. d) Identify the types of disability included at each play equipment/area

119.17 For Caregivers

  1. a) Junior and senior play equipment within easy viewing of each other
  2. b) Sitting areas that offer a clear line of sight to play areas and equipment
  3. c) Clear lines of sight throughout the play space
  4. d) Access to all play areas in order to provide assistance
  5. e) Sitting areas with back support, arm rests and shade
  6. f) Benches and other sitting areas should be placed on a firm stable area for people using assistive devices such as wheelchairs.

119.18 For Service Animals

  1. a) Nearby safe, shady places at rest area benches where service animals can wait with a caregiver with a clear view of their handlers when they are not assisting them
  2. b) Spaces where dogs can relive themselves – dog relief area with nearby garbage can

119.19 Tips for Swings

  1. a) Providing a safe boundary area around swings which is identified by surface material colour and texture
  2. b) Swings in a variety of sizes
  3. c) Accessible seat swings or basket swings that require transfer. If size and space allow provide two accessible swings for friends with disabilities to swing together

Platform swings eliminate the need to transfer should be integrated

119.20 Tips for Slides

  1. a) Double Slides (side by side) allow caregivers to accompany and, if needed, to offer support
  2. b) Slide exits should not be directed into busy play areas
  3. c) Transfer platforms at the base of slide exits
  4. d) Seating spaces with back support adjacent to the slide exit where children/caregivers can wait for their mobility device to be retrieved
  5. e) Metal versus Plastic Slides (Metal slides avoid static electricity which damaged cochlear implants, while sun exposure can leave metal slide hot, so shade devices are vital)
  6. f) Roller slides are usually gentler in slope and provide both a tactile and sliding experience or an Avalanche Inclusive Slide



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In a Detailed Report Card Delivered During National AccessAbility Week, the Ford Government Gets a Blistering “F” Grade for Its Three Year Record Since Taking Office on Action to Make Ontario Accessible for 2.6 Million Ontarians with Disabilities


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

In a Detailed Report Card Delivered During National AccessAbility Week, the Ford Government Gets a Blistering “F” Grade for Its Three Year Record Since Taking Office on Action to Make Ontario Accessible for 2.6 Million Ontarians with Disabilities

May 31, 2021 Toronto: During National AccessAbility Week, the non-partisan grassroots AODA Alliance releases a report card (set out below) on the Ford Government’s record for tearing down the barriers that people with disabilities face, awarding the Government an “F” grade.

When he was campaigning for votes in the 2018 election, Doug Ford said that our issues “are close to the hearts of our Ontario PC Caucus” and that:

“Too many Ontarians with disabilities still face barriers when they try to get a job, ride public transit, get an education, use our healthcare system, buy goods or services, or eat in restaurants.”

Yet three years after taking office, people with disabilities are no better off, and in some important ways, are worse off, according to today’s new report card. Passed unanimously in 2005, the Accessibility for Ontarians with Disabilities Act requires the Ontario Government to lead this province to become accessible to people with disabilities by 2025. Ontario is nowhere near that goal with under four years left. The Ford Government has no effective plan to meet that deadline.

This report card’s key findings include:

  1. The Ford Government has no comprehensive plan of action on accessibility, 851 days after receiving the Report of David Onley’s AODA Independent Review.
  1. The Government has not ensured that public money will never be used to create new accessibility barriers.
  1. The Ford Government has failed to enact or strengthen any accessibility standards under the AODA.

 

  1. The Ford Government has announced no new action to effectively ensure the accessibility of public transportation.

 

  1. The Ford Government imposed substantial and harmful delays in the work of Five important AODA Standards Development Committees that was underway before the Government took office.

 

  1. The Ford Government has repeatedly violated its mandatory duty under the AODA to make public the initial or final recommendations of a Government-appointed Standards Development Committee “upon receiving” those recommendations.

 

  1. The Ford Government has failed for 3 years to fulfil its mandatory duty to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard.

 

  1. The Ford Government has made public no detailed plan for effective AODA enforcement.

 

  1. In a waste of public money, the Ford Government diverted 1.3 million dollars into the Rick Hansen Foundation’s controversial private accessibility certification process. This has resulted in no disability barriers being removed or prevented.

 

  1. The Ford Government unfairly burdened Ontarians with disabilities with having to fight against new safety dangers being created by municipalities allowing electric scooters.

 

  1. The Ford Government’s rhetoric has been harmfully diluting the AODA’s goal of full accessibility.

 

  1. The Ford Government has given public voice to false and troubling stereotypes About disability accessibility.

 

  1. The Ford Government has failed to effectively address the urgent needs of Ontarians with disabilities during the COVID-19 pandemic.

 

  1. The lives of vulnerable Ontarians with disabilities are endangered by the Ford Government’s secret plans for critical care triage during the COVID-19 pandemic, If hospitals cannot serve All critical care Patients.

“We keep offering the Ford Government constructive ideas, but too often, they are disregarded,” said David Lepofsky, chair of the AODA Alliance which campaigns for accessibility for people with disabilities. “Premier Ford hasn’t even met with us, and has turned down every request for a meeting.”

AODA Alliance Chair David Lepofsky has had to resort to a court application (now pending) to get the Ford Government to fulfil one of its important duties under the AODA, and a Freedom of Information application to try to force the Ford Government to release its secret plans for critical care triage if the COVID-19pandemic worsens, requiring rationing of critical care.

Contact: AODA Alliance Chair David Lepofsky, [email protected]

Twitter: @aodaalliance

 A Report Card on the Ford Government’s Record, After Three Years in Office, on Achieving Disability Accessibility

May 31, 2021

Prepared by the AODA Alliance

 Introduction

This year’s National AccessAbility Week takes place when Ontario’s Ford Government is completing its third year of a four year term in office. This is an especially appropriate time to take stock of how well the Ford Government is doing at advancing the goal of making Ontario accessible to people with disabilities by 2025, the deadline which the Accessibility for Ontarians with Disabilities Act enshrines in Ontario law.

It is with a strong sense of frustration that we award the Ford Government a failing “F” grade for its record on this issue.

The Ontario Public Service includes quite a number of public officials who are deeply and profoundly dedicated to the goal of tearing down barriers impeding people with disabilities, and preventing the creation of new disability barriers. They have commendably found quite a number of willing partners within the disability community (both individuals and disability organizations), and among obligated organizations in the public and private sectors. These partners are also committed to the goal of accessibility, and have in their spheres of influenced tried to move things forward. To all these people we and people with disabilities generally are indebted.

For example, several Standards Development Committees have been appointed under the AODA to craft recommendations on what enforceable AODA accessibility standards should include to be strong and effective. They have invested many hours, trying to come up with workable recommendations.

As well, over the past three years, the Ontario Government has continued to operate voluntary programs that have existed for years to contribute to the goal of accessibility. The Ford Government has also, we believe, improved things by freeing its Standards Development Committees from excessive involvement by Public Service staff. This has enabled those staff to support the work of those committees, while leaving them free to do their own work, devising recommendations for the Government.

However, all of that cannot succeed in bringing Ontario to the goal of an accessible province by 2025, without strong leadership by the Ontario Government and those who steer it. This has been the conclusion of three successive Independent Reviews, conducted under the AODA, by Charles Beer in 2010, by Mayo Moran in 2014 and by David Onley in 2018.

Over the past three years, we regret that that leadership has continued to be lacking. The result is that Ontario is falling further and further behind the goal of an accessible province by 2025. Less and less time is available to correct that.

This report details several of the key ways that the Ontario Government has fallen far short of what Ontarians with disabilities need. As the Government’s mandatory annual report on its efforts on accessibility back in 2019 reveals, the Government’s prime focus has been on trying to raise awareness about accessibility. As has been the Ontario Government’s practice for years, that 2019 annual report was belatedly posted on line on the eve of the 2021 National AccessAbility Week, two years after many of the events reported in it.

Decades of experience, leading to the enactment of the AODA in 2005, has proven over and over that such awareness-raising and voluntary measures won’t get Ontario to the goal of accessibility by 2025, or indeed, ever. As always, the AODA Alliance, as a non-partisan coalition, remains ready, willing, able, and eager to work with the Government, and to offer constructive ideas on how it can change course and fulfil the AODA’s dream that the Legislature unanimously endorsed in May 2005.

1. The Ford Government Has No Comprehensive Plan of Action on Accessibility, 851 Days After Receiving the Report of David Onley’s AODA Independent Review

We have been urging the Ford Government to develop a detailed plan on accessibility since shortly after it took office, to lay out how it will get Ontario to the AODA’s mandatory goal of becoming accessible to people with disabilities by 2025. It has never done so.

In December 2018, the Ford Government said it was awaiting the final report of former Lieutenant Governor David Onley’s Independent Review of the AODA’s implementation and enforcement, before deciding what it would do regarding accessibility for people with disabilities. On January 31, 2019, the Government received the final report of the David Onley Independent Review of the AODA’s implementation and enforcement. Minister for Accessibility Raymond Cho publicly said on April 10, 2019 that David Onley did a “marvelous job.”

The Onley report found that Ontario is still full of “soul-crushing” barriers impeding people with disabilities. It concluded that progress on accessibility has taken place at a “glacial pace.” It determined that that the goal of accessibility by 2025 is nowhere in sight, and that specific new Government actions, spelled out in the report, are needed.

However, in the 851 days since receiving the Onley Report, the Ford Government has not made public a detailed plan to implement that report’s findings and recommendations. The Government has staged some media events with the Accessibility Minister to make announcements, but little if anything new was ever announced. The Government repeated pledges to lead by example on accessibility, and to take an all-of-Government approach to accessibility. But these pledges were backed by nothing new to make them mean anything more than when previous governments and ministers engaged in similar rhetorical flourishes.

2. The Government Has Not Ensured that Public Money Will Never Be Used to Create New Accessibility Barriers

In its three years in office, we have seen no effective action by the Ford Government to ensure that public money is never used to create new disability barriers or to perpetuate existing barriers. The Ontario Government spends billions of public dollars on infrastructure and on procuring goods, services and facilities, without ensuring that no new barriers are thereby created, and that no existing barriers are thereby perpetuated.

As but one example, last summer, the Ford Government announced that it would spend a half a billion dollars on the construction of new schools and on additions to existing schools. However, it announced no action to ensure that those new construction projects are fully accessible to students, teachers, school staff and parents with disabilities. The Ontario Ministry of Education has no effective standards or policies in place to ensure this accessibility, and has announced no plans to create any.

3. The Ford Government Has Enacted or Strengthened No Accessibility Standards

In its three years in power, the Ford Government has enacted no new AODA accessibility standards. It has revised no existing accessibility standards to strengthen them. It has not begun the process of developing any new accessibility standards that were not already under development when the Ford Government took office in June 2018.

As one major example, the Ford Government has not committed to develop and enact a Built Environment Accessibility Standard under the AODA, to ensure that the built environment becomes accessible to people with disabilities. No AODA Built Environment Accessibility Standard now exists. None is under development.

This failure to act is especially striking for two reasons. First, the last two AODA Independent Reviews, the 2014 Independent Review by Mayo Moran and the 2019 Independent Review by David Onley, each identified the disability barriers in the built environment as a priority. They both called for new action under the AODA. Second, when he was seeking the public’s votes in the 2018 Ontario election, Doug Ford made specific commitments regarding the disability barriers in the built environment. Doug Ford’s May 15, 2018 letter to the AODA Alliance, setting out his party’s election commitments on disability accessibility, included this:

  1. a) “Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.”
  1. b) “Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.”
  1. c) “Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”
  1. d) “This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.

Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

4. The Ford Government Has Announced No New Action to Effectively Ensure the Accessibility of Public Transportation

Just before the 2018 Ontario election, the Ontario Government received the final recommendations for reforms to the Transportation Accessibility Standard from the AODA Transportation Standards Development committee. Since then, and over the ensuing three years in office, the Ford Government announced no action on those recommendations. It has not publicly invited any input or consultation on those recommendations. At the same time, the Ford Government has made major announcements about the future of public transit infrastructure in Ontario. As such, barriers in public transportation remained while the risk remains that new ones will continue to be created.

 5. The Ford Government Imposed Substantial and Harmful Delays in the Work of Five Important AODA Standards Development Committees that was Underway Before the Government Took Office

When the Ford Government won the 2018 Ontario election, the work of five AODA Standards Development Committees were all frozen, pending the new Minister for Accessibility getting a briefing. Any delay in the work of those committees would further slow the AODA’s sluggish implementation documented in the Onley Report.

Those Standards Development Committees remained frozen for months, long after the minister needed time to be briefed. We had to campaign for months to get that freeze lifted.

Over four months later, in November 2018, the Ford Government belatedly lifted its freeze on the work of the Employment Standards Development Committee and the Information and Communication Standards Development Committee. However it did not then also lift the freeze on the work of the three other Standards Development Committees, those working on proposals for accessibility standards in health care and education.

We had to keep up the pressure for months. The Ford Government waited until March 7, 2019 before it announced that it was lifting its freeze on the work of the Health Care Standards Development Committee and the two Education Standards Development Committees. It was as long as half a year after that announcement that those three Standards Development Committees finally got back to work.

In the meantime, the many unfair disability barriers in Ontario’s education system and Ontario’s health care system remained in place, while new ones continued to be created. The final enactment of new accessibility standards in the areas of health care and education was delayed commensurately, as was the enactment of revisions to strengthen Ontario’s 2011 Information and Communication Accessibility Standard and Ontario’s 2011 Employment Accessibility Standard.

6. The Ford Government Has Repeatedly Violated Its Mandatory Duty Under the AODA to Make Public the Initial or Final Recommendations of a Government-Appointed Standards Development Committee “Upon Receiving” Those Recommendations

Section 10(1) of the AODA requires the Government to make public the initial or final recommendations that it receives from a Standards Development Committee, appointed under the AODA “upon receiving” those recommendations. The Ontario Government under successive governments and ministers has wrongly taken the approach that it can delay making those recommendations public for months despite the AODA‘s clear, mandatory and unambiguous language.

The Ford Government has certainly taken this troubling approach. It delayed some two years before making public the final recommendations of the Employment Standards Development Committee earlier this year. It delayed some six months before making public the final recommendations of the Information and Communication Standards Development Committee last year. It delayed over five months before making public the initial recommendations of the Health Care Standards Development Committee earlier this month. It has delayed over two months so far in making public the initial recommendations of the K-12 Education Standards Development Committee and Post-Secondary Education Standards Development Committee.

As a result, AODA Alliance Chair David Lepofsky has brought a court application, now pending, to seek an order compelling the Ford Government to obey the AODA. This is especially disturbing, because the Government is leading by such a poor example when it comes to the AODA. Its delay in complying with s. 10 of the AODA slows the already-slow process of developing and enacting or revising accessibility standards under the AODA.

7. The Ford Government Has for 3 Years Failed to Fulfil Its Mandatory Duty to Appoint A Standards Development Committee to Review the Public Spaces Accessibility Standard

The AODA required the Ontario Government to appoint a Standards Development Committee to review the Public Spaces Accessibility Standard by the end of 2017. Neither the previous Wynne Government nor the current Ford Government have fulfilled this legal duty. This is a mandatory AODA requirement.

The Ford Government has had three years in office to learn about this duty and to fulfil it. We flagged it for the Government very soon after it took office in 2018.

8. The Ford Government Has Made Public No Detailed Plan for Effective AODA Enforcement

During its three years in office, the Ford Government has announced no public plan to substantially strengthen the AODA’s weak enforcement. Three years ago, the Ford Government inherited the previous McGuinty Government’s and Wynne Government’s multi-year failure to effectively and vigourously enforce the AODA. What little enforcement that took place fell far short of what people with disabilities needed, as is confirmed in both the 2015 Moran Report and the 2019 Onley Report. The failure to effectively enforce the AODA has contributed to Ontario falling so far behind the goal of becoming accessible to people with disabilities by 2025.

 

9. In a Waste of Public Money, the Ford Government Diverted 1.3 Million Dollars into the Rick Hansen Foundation’s Controversial Private Accessibility Certification Process

The only significant new action that the Ford Government has announced on accessibility over its first three years in office was its announcement over two years ago in the April 11, 2019 Ontario Budget that it would spend 1.3 million public dollars over two years to have the Rick Hansen Foundation’s private accessibility certification process “certify” some 250 buildings, belonging to business or the public sector, for accessibility. In two years, this has not been shown to lead to the removal or prevention of a single barrier against people with disabilities anywhere in the built environment. It has predictably been a waste of public money.

The Ford Government did not consult the AODA Alliance or, to our knowledge, the disability community, before embarking on this wasteful project. It ignored serious concerns with spending public money on such a private accessibility certification process. These concerns have been public for well over five years. The Ford Government gave no public reasons for rejecting these concerns.

A private accessibility certification risks misleading the public, including people with disabilities. It also risks misleading the organization that seeks this so-called certification. It “certifies” nothing.

A private organization might certify a building as accessible, and yet people with disabilities may well find that the building itself, or the services offered in the building, still have serious accessibility problems. Such a certification provides no defence to an accessibility complaint or proceeding under the AODA, under the Ontario Building Code, under a municipal bylaw, under the Ontario Human Rights Code, or under the Canadian Charter of Rights and Freedoms.

If an organization gets a good -level accessibility certification, it may think they have done all they need to do on accessibility. The public, including people with disabilities, and design professionals may be misled to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This can turn out not to be the case, especially if the assessor uses the Rick Hansen Foundation’s insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if the assessor’s only training is the inadequate short training that the Rick Hansen Foundation created.

For example, the Ford Government got the Rick Hansen Foundation to certify as accessible the huge New Toronto Courthouse now under construction. Yet we have shown that its plans are replete with serious accessibility problems. The Rick Hansen Foundation’s assessor never contacted the AODA Alliance to find out about our serious concerns with the courthouse’s design before giving it a rating of “accessible.”

The Rick Hansen Foundation’s private accessibility certification process lacks much-needed public accountability. The public has no way to know if the private accessibility assessor is making accurate assessments. It is not subject to Freedom of Information laws. It operates behind closed doors. It lacks the kind of public accountability that applies to a government audit or inspection or other enforcement. For more details on the problems with private accessibility certification processes, read the AODA Alliance’s February 1, 2016 brief on the problems with publicly funding any private accessibility certification process.

10. The Ford Government Unfairly Burdened Ontarians with Disabilities with Having to Fight Against New Barriers Being Created by Municipalities Allowing Electric Scooters

It is bad enough that the Ford Government did too little in its first three years in office to tear down the many existing barriers that impede people with disabilities. It is even worse that the Government took action that will create new disability barriers, and against which people with disabilities must organize to battle at the municipal level.

When the Ford Government took office in June 2018, it was illegal to ride electric scooters (e-scooters) in public places. In January 2019, over the strenuous objection of Ontario’s disability community, the Ford Government passed a new regulation. It lets each municipality permit the use of e-scooters in public places, if they wish. It did not require municipalities to protect people with disabilities from the dangers that e-scooters pose to them.

Silent, high-speed e-scooters racing towards pedestrians at over 20 KPH, ridden by an unlicensed, untrained, uninsured joy-riders, endanger people with disabilities, seniors, children and others. Leaving e-scooters strewn all over in public places, as happens in other cities that permit them, creates physical barriers to people using wheelchairs and walkers. They create tripping hazards for people with vision loss.

Torontonians with disabilities had to mount a major campaign to convince Toronto City Council to reject the idea of allowing e-scooters. They were up against a feeding-frenzy of well-funded and well-connected corporate lobbyists, the lobbyists who clearly hold sway with the Ontario Premier’s office.

Unlike Toronto, Ottawa and Windsor have allowed e-scooters, disregarding the danger they now pose for people with disabilities. Some other Ontario cities are considering allowing them.

Thanks to the Ford Government, people with disabilities must now campaign against e-scooters, city by city. This is a huge, unfair burden that people with disabilities did not need, especially during the COVID-19 pandemic. It is a cruel irony that the Ford Government unleashed the danger of personal injuries by e-scooters at the same time as it has said it wants to reduce the number of concussions in Ontario.

11. The Ford Government’s Rhetoric Has Been Harmfully Diluting the AODA’s Goal of Full Accessibility

A core feature of the AODA is that it requires Ontario become “accessible” to people with disabilities by 2025. It does not merely say that Ontario should become “more accessible” by that deadline.

Yet, the Ford Government too often only talks about making Ontario more accessible. In fairness, the previous Ontario Liberal Government under Premier Dalton McGuinty and later Premier Kathleen Wynne too often did the same.

This dilutes the goal of the AODA, for which people with disabilities fought so hard for a decade. It hurts people with disabilities. It is no doubt used to try to lower expectations and over-inflate any accomplishments.

 

12. The Ford Government Has Given Public Voice to False Troubling Stereotypes About Disability Accessibility

 

Two years ago, the Ford Government publicly voiced very troubling and harmful stereotypes about the AODA and disability accessibility during National AccessAbility Week.

In 2019, during National AccessAbility Week, NDP MPP Joel Harden proposed a that the Legislature pass a resolution that called for the Government to bring forward a plan in response to the Onley Report. The resolution was worded in benign and non-partisan words, which in key ways tracked Doug Ford’s May 15, 2018 letter to the AODA Alliance. The proposed resolution stated:

“That, in the opinion of this House, the Government of Ontario should release a plan of action on accessibility in response to David Onley’s review of the Accessibility for Ontarians with Disabilities Act that includes, but is not limited to, a commitment to implement new standards for the built environment, stronger enforcement of the Act, accessibility training for design professionals, and an assurance that public money is never again used to create new accessibility barriers.”

Premier Ford had every good reason to support this proposed resolution, as we explained in the June 10, 2019 AODA Alliance Update. Yet, as described in detail in the June 11, 2019 AODA Alliance Update, the Doug Ford Government used its majority in the Legislature to defeat this resolution on May 30, 2019, right in the middle of National Access Abilities Week.

The speeches by Conservative MPPs in the Legislature on the Government’s behalf, in opposition to that motion, voiced false and harmful stereotypes about disability accessibility. Those statements in effect called into serious question the Ford Government’s commitment to the effective implementation and enforcement of the AODA. They denigrated the creation and enforcement of AODA accessibility standards as red tape that threatened to imperil businesses and hurt people with disabilities.

13. The Ford Government Has Failed to Effectively Address the Urgent Needs of Ontarians with Disabilities During the COVID-19 Pandemic

All of the foregoing would be enough in ordinary times to merit the “F” grade which the Ford Government is here awarded. However, its treatment of people with disabilities and their accessibility needs during the COVID-19 pandemic makes that grade all the more deserved.

In the earliest weeks, the Government deserved a great deal of leeway for responding to the pandemic, because it was understandably caught off guard, as was the world, by the enormity of this nightmare. However, even well after the initial shock period when the pandemic hit and for the year or more since then, the Ford Government has systemically failed to effectively address the distinctive and heightened urgent needs of people with disabilities in the pandemic.

People with disabilities were foreseeably exposed to disproportionately contract COVID-19, to suffer its worst hardships and to die from it. Yet too often the Government took a failed “one size fits all” approach to its emergency planning, that failed to address the urgent needs of people with disabilities. This issue has preoccupied the work of the AODA Alliance and many other disability organizations over the past 14 months.

Two of the areas where the Government most obviously failed were in health care and education. This is especially inexcusable since the Government had the benefit of a Health Care Standards Development Committee, a K-12 Education Standards Development Committee and a Post-Secondary Education Standards Development Committee to give the Government ideas and advice throughout the pandemic. The K-12 Education Standards Development Committee delivered a detailed package of recommendations for the pandemic response four months into the pandemic. Yet those recommendations have largely if not totally gone unimplemented.

The Government repeatedly left it to each school board, college, university, and health care provider to each separately figure out what disability barriers had arisen during the pandemic, and how to remove and prevent those barriers. This is a predictable formula for wasteful duplication of effort, for increased costs and workloads, all in the middle of a pandemic.

For example, the Ford Government largely left it to each frontline teacher and principal to figure out how to accommodate the recurring needs of students with different disabilities during distance learning. The Government relied on TVO as a major partner in delivering distance learning to school students, even though TVO’s distance learning offerings have accessibility barriers that are unforgivable at any time, and especially during a pandemic.

As another example, the Ford Government did not properly plan to ensure that the process for booking and arranging a COVID-19 vaccine was disability-accessible. There is no specific accessible booking hotline to help people with disabilities navigate the booking process from beginning to end.

There is no assurance that drug stores or others through whom vaccines can be booked have accessible websites. We have received complaints that the Government’s own online booking portal has accessibility problems. Arranging for a barrier-free vaccination for People with Disabilities is even harder than the public is finding for just booking a vaccination for those with no disabilities.

14. The Lives of Vulnerable People with Disabilities are Endangered by the Ford Government’s Secret Plans for Critical Care Triage During the COVID-19 Pandemic, If Hospitals Cannot Serve All Critical Care Patients

The AODA Alliance, working together with other disability organizations, has also had to devote a great deal of effort to try to combat the danger that vulnerable people with disabilities would face disability discrimination in access to life-saving critical care if the pandemic overloads hospitals, leading to critical care triage. The Ford Government has created new disability barriers by allowing clear disability discrimination to be entrenched in Ontario’s critical care triage protocol. Even though formal critical care triage has not yet been directed, there is a real danger that it has occurred on the front lines without proper public accountability e.g. by ambulance crews declining to offer critical care to some patients at roadside, when called via 911.

The Ford Government has allowed a concerted disinformation campaign to be led by those who designed the Ontario critical care triage protocol, and who are falsely claiming that there is no disability discrimination in that protocol.

Further Background

Further background on all of the issues addressed in this report card can be found on the AODA Alliance’s web site. It has separate pages, linked to its home page, addressing such topics as accessibility issues in transportation, health care, education, information and communication, the built environment, AODA enforcement, and disability issues arising during the COVID-19 pandemic, among others. Follow @aodaalliance



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It’s Time for the Ford Government to Agree to Create a Built Environment Accessibility Standard under Ontario’s Disabilities Act – AODA Alliance


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

It’s Time for the Ford Government to Agree to Create a Built Environment Accessibility Standard under Ontario’s Disabilities Act

November 30, 2020

            SUMMARY

Today is the first day of our non-partisan grassroots disability accessibility movement’s 27th year in action!!

We call on the Ford Government to immediately take effective action to tackle the many barriers that Ontarians with disabilities continue to face in the built environment. More specifically, we call on the Ford Government to announce that it will develop and enact a comprehensive, strong and effective Built Environment Accessibility Standard under the Accessibility for Ontarians with Disabilities Act. The Government should now post an announcement recruiting people to serve on a Built Environment Standards Development Committee under the AODA. That Committee is needed to consult the public and to make recommendations on what the Built Environment Accessibility Standard should include.

That AODA Standards Development Committee should be free to make whatever recommendations it deems helpful to address any aspect of the built environment. Part of its mandate should be to conduct the long-overdue mandatory review of Ontario’s weak and limited “Design of Public Spaces AODA Accessibility Standard”. The AODA required that review to begin three years ago. A review of the Design of Public Spaces Accessibility Standard is only a small part of what is now needed.

The Ontario Government typically and wrongly treats the Ontario Building Code and existing AODA accessibility standards as the only legally required benchmark that it must meet in new or significantly renovated buildings. Yet those legal requirements fall far short of what people with disabilities need. A building that is built in full compliance with the Ontario Building Code and with existing AODA accessibility standards need not be fully accessible, and likely will not be fully accessible to people with disabilities. It will not meet the higher accessibility requirements guaranteed to people with disabilities by the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms.

Below we give more background on this issue. To learn even more about the AODA Alliance’s multi-year campaign to get a strong and effective Built Environment Accessibility Standard enacted in Ontario under the AODA, check out the AODA Alliance website’s built environment page.

There have now been 669 days, or 22 months, since the Ford Government received the ground-breaking final report of the Independent Review of the implementation of the Accessibility for Ontarians with Disabilities Act by former Ontario Lieutenant Governor David Onley. The Government has still announced no comprehensive plan of new action to implement that blistering report, including its strong recommendations regarding disability barriers in the built environment. That makes even worse the serious problems facing Ontarians with disabilities during the COVID-19 crisis, addressed in the new online video we unveiled last week.

            MORE DETAILS

 1. A Province Still Full of Disability Barriers in the Built Environment

The Accessibility for Ontarians with Disabilities Act requires Ontario to become accessible to people with disabilities by January 1, 2025. This includes ensuring the accessibility of “buildings”, as well as employment, goods, services and facilities in Ontario. The AODA requires the Ontario Government to enact all the regulations (called accessibility standards) that are needed to ensure that Ontario becomes accessible by 2025.

Only a little over four years is left for Ontario to achieve this legally mandatory goal. Ontario remains far behind schedule for reaching it. One of the areas where Ontario remains far behind is in making the built environment accessible to people with disabilities. Although this AODA Alliance Update focuses on barriers in the built environment, we emphasize that Ontario remains full of many other kinds of disability barriers as well that need to be removed, beyond those in the built environment.

No one could credibly deny that the built environment in Ontario remains replete with too many accessibility barriers. Under the AODA, the Ontario Government must appoint an Independent Review of the AODA’s implementation every three years or so. The two most recent AODA Independent Reviews each found that barriers in the built environment remain a serious problem. This includes the 2014 report of Mayo Moran’s second AODA Independent Review and David Onley’s 2019 third Independent Review of the AODA.

Both Independent Reviews called for new Government action under the AODA to address the many persisting disability barriers in the built environment. The Onley Report described Ontario as full of “soul-crushing barriers”, with progress on accessibility taking place at a “glacial” pace.

 2. Ontario Has No Comprehensive Accessibility Standard Ensuring that the Built Environment Becomes Accessible

Many are shocked to learn that even though it is now over 15 years since the AODA was passed, there is still no Built Environment Accessibility Standard enacted under the AODA to ensure that the built environment in Ontario becomes accessible by 2025.

Over 14 years ago, the Liberal Ontario Government under Premier Dalton McGuinty commendably committed to enact a Built Environment Accessibility Standard under the AODA. Back then, the Government appointed a Built Environment Standards Development Committee under the AODA to make recommendations on what the promised Built Environment Accessibility Standard should include. That Standards Development Committee submitted its final recommendations to the Government by 2010.

In the 2011 Ontario election, Premier McGuinty promised to enact the Built Environment Accessibility Standard “promptly.” However, to this day, Ontario still does not have an AODA Built Environment Accessibility Standard.

In December 2012, the previous McGuinty Government passed a very weak and limited “Design of Public Spaces” Accessibility Standard under the AODA. That regulation only addresses a very limited range of disability barriers in the built environment, mainly some that are outside buildings. As for the vital area of disability barriers inside buildings, that Accessibility Standard only addresses some in public service areas, such as counter heights. Further limiting its effectiveness, the Design of Public Spaces Accessibility Standard only deals with preventing the creation of some new barriers. It does not require removal of any existing barriers anywhere in the built environment inside or outside buildings.

As for the many other disability barriers inside buildings, in December 2013, the McGuinty Government passed very limited changes to the weak accessibility provisions in the Ontario Building Code. Even after those changes, the Ontario Building Code still fails to effectively ensure that a building, even a new building, will be barrier-free for people with disabilities. It requires no retrofits of existing buildings that are not undergoing a major renovation, even if accessibility would be readily achievable.

As a result, even if a new building fully complies with the Ontario Building Code and the Design of Public Spaces Accessibility Standard, it can and usually does end up having accessibility barriers designed into it. The AODA Alliance has documented this cruel reality in three widely-viewed captioned online videos. Serious accessibility problems are revealed in the AODA Alliance‘s 2018 vid HYPERLINK “https://youtu.be/za1UptZq82o”eo about new and recently-renovated Toronto area transit stations, its 2017 video about the new Ryerson University Student Learning Centre and its 2016 video about Centennial College’s new Culinary Arts Centre. Each of those videos secured great media coverage.

Yet such barriers in the built environment can expose providers of goods, services, facilities or employment to human rights complaints, alleging disability discrimination. Those organizations that must comply with the Canadian Charter of Rights and Freedoms are also exposed to the possibility of claims that such barriers violate the guarantee of equality without discrimination because of disability in section 15 of the Charter of Rights.

 3. The Ontario Government is in Breach of Its AODA Obligations

Within five years after an AODA accessibility standard is enacted, section 9(9) of the AODA requires the Government to appoint a new Standards Development Committee to review that standard. This review is done to see if that accessibility standard is strong enough to ensure accessibility is achieved by 2025.

As explained earlier, the Government enacted the Design of Public Spaces Accessibility Standard in December 2012. The Government was therefore required to appoint a Standards Development Committee to review it by December 2017. Yet no Standards Development Committee has ever been appointed to conduct that mandatory review.

That mandatory deadline was reached and missed three years ago. The previous Liberal Government of Premier Kathleen Wynne is responsible for the first six months of that 3-year violation of the AODA. The Conservative Government is responsible for the other two and a half years of that AODA violation.

We have diligently and repeatedly alerted each successive Government and each accessibility minister well in advance of this obligation. They should not need a volunteer community coalition like the AODA Alliance to tell them of such basic obligations under the AODA. This is especially so since each successive Ontario Government has claimed to be leading the rest of Ontario by its example on accessibility. Such an overt breach of the law is hardly the example by which Ontarians should be led.

 4. Meanwhile, The Ford Government Uses Public Money to Create New Disability Barriers

It is bad enough that the Government leaves existing disability barriers in place. It makes this problem worse when the Government allows public money to be used to build new buildings and infrastructure without ensuring that these will be barrier-free for people with disabilities. It will cost much more to later remove those barriers. To use public money to create new disability barriers is a serious misuse of public money.

The Ford Government has not committed to never use public money to create new disability barriers. For example, last summer, amidst the COVID-19 pandemic, the Ford Government announced that it is spending half a billion dollars to build new schools and do major renovations to existing schools. The Government has no measures in place to ensure that those publicly-funded building projects will be barrier-free.

As well, the Government is in the process of building a new major court building in downtown Toronto. The AODA Alliance has raised serious accessibility concerns about that building’s design. The Government has also announced plans to move ahead with a range of other public infrastructure projects, with no assurance that those projects will be fully accessible. The Ontario Government has a disturbing track-record in this context.

 5. Promises Made – Promises Not Kept

The Government’s failure to effectively address this issue flies in the face of Premier Doug Ford’s written commitments to the AODA Alliance during the 2018 Ontario general election. In his May 15, 2018 letter to the AODA Alliance setting out his party’s election pledges on disability accessibility, Doug Ford wrote, among other things:

“Your issues are close to the hearts of our Ontario PC Caucus and Candidates, which is why they will play an outstanding role in shaping policy for the Ontario PC Party to assist Ontarians in need.

Too many Ontarians with disabilities still face barriers when they try to get a job, ride public transit, get an education, use our healthcare system, buy goods or services, or eat in restaurants.

Whether addressing standards for public housing, health care, employment or education, our goal when passing the AODA in 2005 was to help remove the barriers that prevent people with disabilities from participating more fully in their communities.

For the Ontario PCs, this remains our goal. Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government…

…This is why we’re disappointed the current government has not kept its promise with respect to accessibility standards. An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.

Ontario needs a clear strategy to address AODA standards and the Ontario Building Code’s accessibility provisions. We need Ontario’s design professionals, such as architects, to receive substantially improved professional training on disability and accessibility.”

We have written Premier Ford more than once to raise serious concerns about his Government’s failure to act effectively on accessibility issues such as this. He has never agreed to meet with us or to speak on the phone. He deflects all our issues and requests to the Government’s Accessibility Minister Raymond Cho. Minister Cho has never agreed to create a Built Environment Accessibility Standard under the AODA.

 6. Ford Government’s Only New Initiative on Accessibility of the Built Environment is a Wasteful Failure

Since taking office in June 2018, the only new initiative to which the Ford Government repeatedly points for disability barriers in the built environment was its controversial spring 2019 announcement that it is diverting 1.3 million dollars over two years to the Rick Hansen Foundation (RHF) to have its so called “private accessibility certification program” to look at some buildings in Ontario to decide if it would “certify” them as accessible. The AODA Alliance was never consulted on that decision.

We have strongly opposed this as a very poor use of public money. It will not help the accessibility cause.

The AODA Alliance has made public numerous concerns with the RHF “certification” process. Neither the Ford Government nor the RHF have publicly disputed the accuracy of our concerns.

For example, an RHF “certification” does not in fact certify anything. If the RHF gives a building a rating of “accessible”, it does not mean that that building is in fact accessible.

Those whom the RHF authorizes to conduct these inspections need not have the required expertise to assess a building’s accessibility. The RHF only requires an assessor to take an 8-day course. That course is far too short. Its training contents are quite deficient and problematic.

One and a half years after this Ford Government strategy was launched, there is no evidence that a single building has been thereby made accessible, or that a single barrier in the built environment was rectified. All that the Government may have accomplished is to give an inappropriate public subsidy to the RHF in its effort to break into the Ontario market, in competition with local Ontario-based accessibility consultants having far more expertise in this field.

For example, earlier this year, one could hear RHF advertisements on Toronto radio stations, promoting the RHF “certification” program. We asked the Ontario Government if these advertisements were directly or indirectly subsidized by the Ontario Government. The Government did not answer this inquiry.

It is not clear to us that the Government and RHF have found enough organizations to take up the offer of a Government-subsidized RHF appraisal. That would make sense, since the RHF assessment of their building’s accessibility is not reliable.

It would have been much more appropriate for the Government to have invested those public funds into the development and enactment of a Built Environment Accessibility Standard under the AODA, and on effectively enforcing the inadequate accessibility requirements that are already on the books.

 7. What Have the Opposition Parties Said On Point?

The Ontario NDP committed as follows on November 9, 2020 as part of its housing plan:

“We’ll mandate Universal Design building codes, which are standards that reflect the needs of people of all ages, sizes, abilities and disabilities.”

The Ontario Liberal Party has not announced a platform on this issue since the 2018 election. In her May 14, 2018 letter to the AODA Alliance setting out the Liberal Party’s disability accessibility commitments in the 2018 election, Kathleen Wynne committed to the following:

  1. “exploring and determining next steps for preventing and removing accessibility barriers in the built environment”
  1. “New and Existing Accessibility Standards

The creation of new standards is a critical element of the Ontario Liberal commitment to an accessible Ontario by 2025. We intend to continue the reviews already underway and continue the work of developing standards in the areas of health care and education. We would welcome advice from these committees on built environment issues and look forward to making the process more open and transparent to ensure all voices are heard without compromising necessary privacy and accountability measures.

Beyond ongoing work, we know that there are barriers in the province that need to be addressed through standards. Earlier this year, former Minister Tracy Machala publicly stated that the standards governing the built environment need to be strengthened to achieve our goal. That’s why she convened a summit on the subject attended by many impacted stakeholders, including the AODA Alliance. We will use the feedback gleaned from this summit and further consultation with stakeholders to determine the best path forward as we track toward the mandated review of the standard. Given the complexity of housing construction, building modification, and renovation, we will also work with builders, developers, architects, and other experts before committing to a path forward on residential housing and retrofits.

Getting to an accessible Ontario requires that we also ensure that the professionals most connected to design and construction know about accessibility. To this end, we will work with regulatory bodies, colleges, universities, and professional organizations to ensure that accessibility is included throughout the process.

Standards for AFPs differ project to project, but all Project Companies are required to comply with all legislation on AFP projects, including the AODA and accessibility requirements in the Ontario Building Code. This is the de facto minimum standard. Issues related to accessibility in AFP projects are therefore related to the content of the standards. On built environment issues specifically, that’s why we have committed to working with stakeholders toward the next review of the standard.”

“Accessibility in Education”

In its May 4, 2018 letter to the AODA Alliance setting out its election pledges on disability accessibility in the 2018 election, the Green Party of Ontario committed:

“e) Take Overdue Steps to Ensure the Accessibility of the Built Environment, Including Residential Housing

We support accessibility as an essential component of any new building project or retrofit. Training in accessible design should be a requirement across all licensing and educational institutions in Ontario, and all new building projects should meet standard accessibility requirements before approval. A strategy must be developed both to increase the supply of accessible housing within Ontario and to undertake the retrofitting of existing buildings in order for them to meet accessibility standards.”



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Ford Government’s October 29, 2020 Virtual Media Event, Heralded to Unveil an Announcement on Accessibility for Ontarians with Disabilities, Announces Nothing New


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

Ford Government’s October 29, 2020 Virtual Media Event, Heralded to Unveil an Announcement on Accessibility for Ontarians with Disabilities, Announces Nothing New

November 3, 2020

          SUMMARY

On Thursday October 29, 2020, the Ford Government’s Accessibility Minister held a virtual conference which the Minister heralded as an event to unveil an announcement on advancing accessibility for 2.6 million Ontarians with disabilities. We cannot find anything new in the Minister’s announcement. Below, we offer some reflections on this announcement, and then set out the Minister’s news release and backgrounder.

This was the event for which the Ford Government last week sent out an inaccessible invitation. After we made that painfully symbolic irony public, the Government apologized and re-issued its invitation, this time in an accessible email.

There have now been 642 days, or 21 months, since the Ford Government received the blistering final report of the Independent Review of the implementation of the Accessibility for Ontarians with Disabilities Act by former Ontario Lieutenant Governor David Onley. The Government has announced no comprehensive plan of new action to implement that report. That makes worse the serious problems still facing Ontarians with disabilities during the COVID-19 pandemic.

Send us your feedback by writing us at [email protected]

          MORE DETAILS

 Reflections on the Ford Government’s October 29, 2020 Accessibility Announcement

On October 29, 2020, the Ford Government’s Accessibility Minister Raymond Cho held a virtual news conference, which AODA Alliance Chair David Lepofsky was invited to virtually watch. At this event, the Minister simply announced that the Government was launching a public education campaign on the Accessibility for Ontarians with Disabilities Act (AODA) and the importance of accessibility for people with disabilities.

We scoured the announcement, set out below, and the speeches during the news event, but could find nothing new in this announcement. The Government has earlier announced that it is conducting public education on that very topic. Earlier Government news releases have pointed to such activities. Moreover, the Government’s official Twitter feed has been tweeting on this subject for quite some time.

Indeed, this is just more of what the previous Liberal Government was doing in the realm of educating the public on this topic. On October 29, 2020, the Government announced no new plan of action for this 15-year-old campaign, nor any new budget allocation for this campaign. We have written the Government to ask if any new budget is being allocated to this campaign. The Government has not answered.

Let’s look at this in context. Over 15 years after the AODA was passed, and just over four years before Ontario must become accessible to 2.6 million Ontarians with disabilities, the Ford Government’s announcement is to “raise awareness” about accessibility? And this when the final report of David Onley’s most recent Independent Review of the AODA told the Government over 21 months ago that Ontario remains full of “soul-crushing barriers” facing people with disabilities, with progress on accessibility proceeding at a “glacial pace”?

Ontarians with disabilities deserve much better. “Raising awareness” about the AODA at this point is about the least effective tool in the Government’s toolkit. On the more important issue of effectively enforcing the AODA, the Ford Government said nothing at this media event.

Moreover, it has been over a month since the AODA Alliance wrote the Ford Government’s Accessibility Minister in our September 21, 2020 letter to ask for important information on what the Government is doing to enforce the AODA. While we understand that an answer will eventually be forthcoming, we have not received one to date. You can learn more about our multi-year campaign to get the AODA effectively enforced by visiting the AODA Alliance website’s enforcement page.

A closer look at the Government’s October 29, 2020 announcement triggers even more cause for concern. The Ford Government’s announcement tries to substantially dilute and lower the bar it and Ontario must meet to obey the AODA. In wording carefully crafted for its news release, set out below, the Government’s lead minister stated:

“Our government is committed to working together with our partners inside and outside of government to make Ontario more accessible and inclusive by 2025…”

It is helpful for the Ford Government to acknowledge the AODA’s 2025 deadline. However, the AODA does not merely require Ontario to become “more accessible” by that year. It requires Ontario to become “accessible” by that year, pure and simple.

The difference is enormous. Ontario would meet the Ford Government’s paltry stated goal of “more accessible” if only one ramp were installed somewhere in Ontario between now and 2025, or if only one inaccessible website were retrofitted to make it accessible.

For the Government to so profoundly misunderstand or water down the AODA hurts all Ontarians with disabilities. For the Government to publicly signal this wrongful dilution of the legislation sends the wrong signal to obligated organizations at a time when we need efforts on accessibility ramped up, not diluted.

Beyond this, the Government’s announcement includes re-announcements of initiatives that are already underway. This includes re-announcing, believe it or not, a program started by the Bob Rae NDP Ontario Government dating back to the first half of the 1990s.

Among the initiatives that the Government re-announced was its diverting 1.3 million public dollars to the problematic Rick Hansen Foundation private accessibility certification program. We have publicly shown that no public money should be spent on that program. The Government has not disputed the serious problems with that program which the AODA Alliance publicly documented over a year ago.

The Ford Government’s October 29, 2020 media event is the first major accessibility announcement that its Accessibility Minister has made since its February 28, 2020 media event. At that event, the Government proclaimed that it would “lead by example” on accessibility. In response, the March 2, 2020 AODA Alliance Update documented that there too, the Government announced nothing new. The Ford Government has not disputed this. That AODA Alliance Update also documented that the Government was leading by a poor example on accessibility.

Since then, as the AODA Alliance website’s COVID-19 page demonstrates, the Ford Government seriously bungled its response to the COVID-19 pandemic, in so far as the urgent needs of 2.6 million Ontarians with disabilities are concerned. It thereby continued to lead by a poor example, contrary to its February 28, 2020 commitment.

Finally, it is a further cruel irony that this most recent empty event (which appears to have attracted no reporters and garnered no media coverage) was held on October 29, an important anniversary in our decades-long non-partisan campaign for accessibility for people with disabilities. It is frankly difficult to see what the Government was trying to achieve by holding an event which so obviously announced nothing new.

Despite all this, we continue to offer the Government our constructive recommendations on how to kick-start stalled progress on accessibility. Had the Government wished to announce something meaningful for accessibility for Ontarians with disabilities, any or all of the following, which we have urged, would be welcomed:

  1. Committing to develop a long-overdue Built Environment Accessibility Standard under the AODA, and appointing a Standards Development Committee to develop recommendations for it, as the Onley Report urged;
  1. Appointing an Associate Deputy Minister of Education for Students with Disabilities, to develop an action plan to ensure that one third of a million students with disabilities are fully and safely included in in-class and distance learning;
  1. Committing that all the new schools and school renovations will be fully disability-accessible, for which the Government announced a half a billion dollars this summer, and announcing an effective plan to achieve this;
  1. Immediately making public the report and recommendations of the Government’s Bioethics Table on how critical medical care triage should be done, if the COVID-19 surge overloads Ontario hospitals, and withdrawing the controversial and seriously flawed March 28, 2020 triage protocol that the Government sent to all hospitals last spring.
  1. Announcing a new plan to effectively and meaningfully enforce the AODA.

Ford Government’s October 29, 2020 News Release on Accessibility

Advancing Accessibility in Ontario: Improving Understanding and Awareness about Accessibility

BACKGROUNDER October 29, 2020

Advancing Accessibility in Ontario is a framework designed to help focus the government’s work in four key areas:

  • breaking down barriers in the built environment
  • government leading by example in its role as a policy maker, service provider and employer
  • increasing participation in the economy for people with disabilities and
  • improving understanding and awareness about accessibility

To make progress on the area of improving understanding and awareness about accessibility, the government is working with its stakeholders, including partner ministries, broader public sector organizations, businesses and non-profit organizations to help raise awareness and change attitudes. Many organizations are not fully aware of their accessibility responsibilities or do not realize the benefits of being more receptive to the accessibility needs of Ontarians with disabilities.

We are working with key industry stakeholders through the government’s EnAbling Change Program that provides resources and training materials to educate associations and employers in multiple sectors about accessibility by:

  • Developing ReadAble Fest, a specialized reading program with disability themes for elementary students that engaged more than 1,300 students in 17 Simcoe County District School Board schools with OneWorld Schoolhouse Foundation.
  • Developing an enhanced curriculum and training materials on accessibility for building officials through the Ontario Building Officials Association. This ensures that new and existing buildings can be planned and built to be more accessible.
  • Supporting the ReelAbilities Toronto Film Festival, increasing awareness about Deaf and disability cultures highlighted in films and documentaries by filmmakers and actors with disabilities and/or who are Deaf. We also support the Miles Nadal Jewish Community Centre, which runs the ReelEducation program on equity and inclusion for educators.

We are taking action to make accessibility enhancements so that everyone can fully participate in everyday life by:

  • Collaborating with Destination Ontario to improve the user experience for travellers with accessibility needs by providing practical information about accessible options at Ontario’s tourism businesses. These accessibility options are available through the desktop and mobile versions of Ontario’s official travel website.
  • Enabling Ontarians to engage with and learn about attractions, tourism operators and artists across the province, while keeping themselves safe during COVID-19, through Ontario Live, a virtual hub for the arts, attractions and film and television.
  • Using a collaborative review of Ontario’s supportive housing programs to find ways to streamline and improve coordination so people can get the services they need. The government is gathering feedback through multiple virtual public engagement activities, including an online survey, regional engagement sessions with stakeholders and partners, and population-specific discussions that include seniors and people with disabilities.
  • Improving the government’s digital platforms to put more services online, making them easier and faster to use. The Ontario Public Service (OPS) digital plan is starting by enhancing ServiceOntario transactions, including renewals of health cards and driver’s licences. The Digital Strategy endeavours to develop a robust online channel that provides convenience and ease of access for all Ontarians, including customers and OPS employees with disabilities, and will create a consistent experience across multiple platforms.
  • Embedding accessibility into national and international sport events by providing funding to non-profit organizations that deliver such events. Applicants to the Sport Hosting Program must submit an accessibility plan to show how barriers for people with disabilities will be removed so that everyone can take part in the event. Program materials include a link to the Guide to Accessible Festivals & Outdoor Events and volunteers are asked to complete an online accessibility training resource.
  • Investing $1.07 million in 2019-20 to support the Abilities Centre in Whitby to advance accessibility and inclusion by expanding its services and training.
  • Partnering with SPARK Ontario to help seniors and the most vulnerable stay connected and healthy as they self isolate during COVID-19. This volunteer hub connects volunteers to community organizations supporting people with disabilities and older adults during COVID-19 by delivering food or medicines, running errands or checking up on Ontarians as they self-isolate.
  • Launching the Ontario Community Support Program, which provides home deliveries of food and essentials into 2021 for people with disabilities as well as other vulnerable communities who need to self-isolate due to COVID-19. This meaningful support was launched in partnership with the Ontario Community Support Association in April with an $11 million investment from the government. More than 230,000 meals and essential supply deliveries have been made across Ontario between the program’s launch and September.

We are also providing enhanced support for implementing the Accessibility for Ontarians with Disabilities Act and its accessibility standards by:

  • Ensuring the Ministry of the Environment, Conservation and Parks continues to incorporate up-to-date accessibility specifications in Ontario Parks capital and renovation projects by receiving training on and incorporating Building Code accessibility changes and Design of Public Spaces Standards.
  • Creating a web page that provides free accessibility resources and guides to make it easier for businesses and communities to get the information they need to help them be more accessible and inclusive. The “Accessibility in Ontario: Information for Businesses” resource is a one-stop-shop web page that includes valuable information on topics such as inclusive hiring, how to make workplaces more accessible and the economic benefits of hiring people with disabilities.

The government is strengthening its cross-government leadership in implementing the Accessibility for Ontarians with Disabilities Act by:

  • Increasing awareness about accessibility within the Ontario Public Service (OPS). An annual Inclusion Week has featured discussions on topics such as accessibility, mental health and inclusive leadership. Dedicated internal committees also provide resources to help advance awareness about inclusion and diversity. A multi-ministry speaker series has also built accessibility awareness to support the design and implementation of inclusive policies, programs and public services for Ontarians.
  • Harmonizing Ontario’s accessibility efforts with those of the federal government for the Investing in Canada Infrastructure Program (ICIP). The program requires that the province ensures all federally funded, public-facing infrastructure meets the highest published, applicable accessibility standard in a respective jurisdiction. The Ontario government applied an accessibility lens while developing the provincial criteria for ICIP. Nearly 400 ICIP projects across Ontario have been approved by the provincial and federal governments to date. They will bring critical infrastructure improvements to their communities, including accessibility components that will enhance the safety and comfort of transit users. For example, roughly 249 bus stops in Oakville will be upgraded with landing pads, walkways, ramps and curbs. In Barrie, 30 new low-floor, accessible buses will replace a retiring bus fleet and 21 new accessible paratransit city buses will replace the existing fleet over the next seven years.
  • Ensuring that ministries work to design and provide accessible internal and public communications, websites and digital services that work for everyone. Our government offers best practice guidance and expertise to support these efforts, which are especially important during COVID-19 to help distribute information to Ontarians with disabilities.

The government is supporting the safety, needs and accessibility awareness of students and educators by:

  • Providing support for research and assessment services for postsecondary students with learning disabilities by funding Assessment and Resource Centres. The support is provided through three centres across the province: the Northern Ontario Assessment and Resource Centre at Cambrian College, the Regional Assessment and Resource Centre at Queen’s University, and the Centre francophone d’évaluation et des ressources de L’Ontario at Collège Boréal.
  • Making ongoing efforts during COVID to review and improve digital learning tools being considered for the Ministry of Education’s Learn at Home website to support students and families when learning from home.
  • Investing in the Rick Hansen Foundation Accessibility Certification (RHFAC) program to help make buildings in Ontario more accessible. The program provides organizations with a snapshot of their building’s accessibility to help businesses and communities understand how to be more accessible and inclusive. As part of its own efforts to further its commitment to accessibility on campus, Carleton University became the first postsecondary institution to incorporate RHFAC into policy.

 Ford Government’s October 29, 2020 Backgrounder

Advancing Accessibility in Ontario: Improving Understanding and Awareness about Accessibility

BACKGROUNDER October 29, 2020

Advancing Accessibility in Ontario is a framework designed to help focus the government’s work in four key areas:

  • breaking down barriers in the built environment
  • government leading by example in its role as a policy maker, service provider and employer
  • increasing participation in the economy for people with disabilities and
  • improving understanding and awareness about accessibility

To make progress on the area of improving understanding and awareness about accessibility, the government is working with its stakeholders, including partner ministries, broader public sector organizations, businesses and non-profit organizations to help raise awareness and change attitudes. Many organizations are not fully aware of their accessibility responsibilities or do not realize the benefits of being more receptive to the accessibility needs of Ontarians with disabilities.

We are working with key industry stakeholders through the government’s EnAbling Change Program that provides resources and training materials to educate associations and employers in multiple sectors about accessibility by:

  • Developing ReadAble Fest, a specialized reading program with disability themes for elementary students that engaged more than 1,300 students in 17 Simcoe County District School Board schools with OneWorld Schoolhouse Foundation.
  • Developing an enhanced curriculum and training materials on accessibility for building officials through the Ontario Building Officials Association. This ensures that new and existing buildings can be planned and built to be more accessible.
  • Supporting the ReelAbilities Toronto Film Festival, increasing awareness about Deaf and disability cultures highlighted in films and documentaries by filmmakers and actors with disabilities and/or who are Deaf. We also support the Miles Nadal Jewish Community Centre, which runs the ReelEducation program on equity and inclusion for educators.

We are taking action to make accessibility enhancements so that everyone can fully participate in everyday life by:

  • Collaborating with Destination Ontario to improve the user experience for travellers with accessibility needs by providing practical information about accessible options at Ontario’s tourism businesses. These accessibility options are available through the desktop and mobile versions of Ontario’s official travel website.
  • Enabling Ontarians to engage with and learn about attractions, tourism operators and artists across the province, while keeping themselves safe during COVID-19, through Ontario Live, a virtual hub for the arts, attractions and film and television.
  • Using a collaborative review of Ontario’s supportive housing programs to find ways to streamline and improve coordination so people can get the services they need. The government is gathering feedback through multiple virtual public engagement activities, including an online survey, regional engagement sessions with stakeholders and partners, and population-specific discussions that include seniors and people with disabilities.
  • Improving the government’s digital platforms to put more services online, making them easier and faster to use. The Ontario Public Service (OPS) digital plan is starting by enhancing ServiceOntario transactions, including renewals of health cards and driver’s licences. The Digital Strategy endeavours to develop a robust online channel that provides convenience and ease of access for all Ontarians, including customers and OPS employees with disabilities, and will create a consistent experience across multiple platforms.
  • Embedding accessibility into national and international sport events by providing funding to non-profit organizations that deliver such events. Applicants to the Sport Hosting Program must submit an accessibility plan to show how barriers for people with disabilities will be removed so that everyone can take part in the event. Program materials include a link to the Guide to Accessible Festivals & Outdoor Events and volunteers are asked to complete an online accessibility training resource.
  • Investing $1.07 million in 2019-20 to support the Abilities Centre in Whitby to advance accessibility and inclusion by expanding its services and training.
  • Partnering with SPARK Ontario to help seniors and the most vulnerable stay connected and healthy as they self isolate during COVID-19. This volunteer hub connects volunteers to community organizations supporting people with disabilities and older adults during COVID-19 by delivering food or medicines, running errands or checking up on Ontarians as they self-isolate.
  • Launching the Ontario Community Support Program, which provides home deliveries of food and essentials into 2021 for people with disabilities as well as other vulnerable communities who need to self-isolate due to COVID-19. This meaningful support was launched in partnership with the Ontario Community Support Association in April with an $11 million investment from the government. More than 230,000 meals and essential supply deliveries have been made across Ontario between the program’s launch and September.

We are also providing enhanced support for implementing the Accessibility for Ontarians with Disabilities Act and its accessibility standards by:

  • Ensuring the Ministry of the Environment, Conservation and Parks continues to incorporate up-to-date accessibility specifications in Ontario Parks capital and renovation projects by receiving training on and incorporating Building Code accessibility changes and Design of Public Spaces Standards.
  • Creating a web page that provides free accessibility resources and guides to make it easier for businesses and communities to get the information they need to help them be more accessible and inclusive. The “Accessibility in Ontario: Information for Businesses” resource is a one-stop-shop web page that includes valuable information on topics such as inclusive hiring, how to make workplaces more accessible and the economic benefits of hiring people with disabilities.

The government is strengthening its cross-government leadership in implementing the Accessibility for Ontarians with Disabilities Act by:

  • Increasing awareness about accessibility within the Ontario Public Service (OPS). An annual Inclusion Week has featured discussions on topics such as accessibility, mental health and inclusive leadership. Dedicated internal committees also provide resources to help advance awareness about inclusion and diversity. A multi-ministry speaker series has also built accessibility awareness to support the design and implementation of inclusive policies, programs and public services for Ontarians.
  • Harmonizing Ontario’s accessibility efforts with those of the federal government for the Investing in Canada Infrastructure Program (ICIP). The program requires that the province ensures all federally funded, public-facing infrastructure meets the highest published, applicable accessibility standard in a respective jurisdiction. The Ontario government applied an accessibility lens while developing the provincial criteria for ICIP. Nearly 400 ICIP projects across Ontario have been approved by the provincial and federal governments to date. They will bring critical infrastructure improvements to their communities, including accessibility components that will enhance the safety and comfort of transit users. For example, roughly 249 bus stops in Oakville will be upgraded with landing pads, walkways, ramps and curbs. In Barrie, 30 new low-floor, accessible buses will replace a retiring bus fleet and 21 new accessible paratransit city buses will replace the existing fleet over the next seven years.
  • Ensuring that ministries work to design and provide accessible internal and public communications, websites and digital services that work for everyone. Our government offers best practice guidance and expertise to support these efforts, which are especially important during COVID-19 to help distribute information to Ontarians with disabilities.

The government is supporting the safety, needs and accessibility awareness of students and educators by:

  • Providing support for research and assessment services for postsecondary students with learning disabilities by funding Assessment and Resource Centres. The support is provided through three centres across the province: the Northern Ontario Assessment and Resource Centre at Cambrian College, the Regional Assessment and Resource Centre at Queen’s University, and the Centre francophone d’évaluation et des ressources de L’Ontario at Collège Boréal.
  • Making ongoing efforts during COVID to review and improve digital learning tools being considered for the Ministry of Education’s Learn at Home website to support students and families when learning from home.
  • Investing in the Rick Hansen Foundation Accessibility Certification (RHFAC) program to help make buildings in Ontario more accessible. The program provides organizations with a snapshot of their building’s accessibility to help businesses and communities understand how to be more accessible and inclusive. As part of its own efforts to further its commitment to accessibility on campus, Carleton University became the first postsecondary institution to incorporate RHFAC into policy.



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Ford Government to Spend Over a Half Billion Dollars on New Schools and Major School Additions, Without Announcing Effective Measures to Ensure that These Schools Will be Fully Accessible to Students, Parents and School Staff with Disabilities


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

Ford Government to Spend Over a Half Billion Dollars on New Schools and Major School Additions, Without Announcing Effective Measures to Ensure that These Schools Will be Fully Accessible to Students, Parents and School Staff with Disabilities

July 30, 2020

          SUMMARY

Last week, the Ford Government announced that it is investing over half a billion dollars into building new schools and expanding existing ones, without announcing any effective measures to ensure that those schools will be designed to be accessible to students, parents, teachers, or other school staff with disabilities. Public money should never be used to create new barriers against people with disabilities. If new barriers are created, it costs much more to later renovate to remove them.

For years, Ontario’s Ministry of Education has largely left it to each school board to decide what, if anything, to include in the design of a new school building to ensure it is disability-accessible. Each school board is left to decide on its own whether it will include anything in the building’s design for accessibility, beyond the inadequate accessibility requirements in the Ontario Building Code, in standards enacted under the Accessibility for Ontarians with Disabilities Act, and under a patchwork of local municipal bylaws. The Ontario Government does not have a standard or model design for a new school or for an addition to a school, to ensure its accessibility to students, parents and school staff with disabilities.

On July 23, 2020, the Ford Government announced a major plan to build 30 new schools and to construct additions to another 15 schools, to provide both learning venues and more day care locations for students across Ontario (announcement set out below). The Ford Government has not announced any requirement that this new construction must be disability-accessible. It is wasteful, duplicative and counter-productive for the Ontario Government to leave it to 72 school boards to each re-invent the wheel when it comes to the design of a school building to ensure that it is accessible. Moreover, school boards are not assured to have the requisite expertise in accessible building design. Making this worse, too often architects are not properly trained in accessible design.

This is not a situation where each school board is best situated to assess the unique local needs of its community. A student, parent or school staff member with a disability has the very same accessibility needs, when it comes to getting into and around a school building, whether that school is in Kenora or Cornwall.

It has been well established for years that compliance with the insufficient accessibility requirements in the Ontario Building Code, the Accessibility for Ontarians with Disabilities Act accessibility standards and local municipal bylaws do not ensure that a new building is in fact accessible and barrier-free for people with disabilities. To the contrary, the AODA Alliance has shown how new buildings and major renovations in major public projects can end up having serious accessibility problems. This is illustrated in three online videos, produced by the AODA Alliance, that have gotten thousands of views and extensive media coverage. Those videos focus on:

* the new Ryerson University Student Learning Centre;

* the new Centennial College Culinary Arts Centre and

* several new and recently renovated Toronto area public transit stations.

Over a year and a half ago, the third Government-appointed Independent Review of the implementation of the AODA, conducted by former Lieutenant Governor David Onley, found that progress in Ontario on accessibility has proceeded at a “glacial” pace. Among other things, it recommended that the Ontario Government should treat as a major priority the recurring barriers facing people with disabilities in the built environment. The Onley Report emphasized as an illustration the AODA Alliance’s video depicting serious accessibility problems at Ryerson’s new Student Learning Centre.

Strong, effective and enforceable provincial accessibility standards for the built environment are long overdue. Yet the Government has announced no plans to develop and enact a Built Environment Accessibility Standard under the AODA. Beyond this, for over two and a half years, the Ontario Government has been in direct violation of the AODA. This is because the Government has still not appointed a mandatory Standards Development Committee to review the palpably inadequate “Design of Public Spaces” Accessibility Standard, enacted under the AODA in December 2012. Under section 9(9) of the AODA, the Ontario Government was required to appoint a mandatory Standards Development Committee to review that accessibility standard by December 2017. The former Kathleen Wynne Government is on the hook for failing to appoint that Standards Development Committee for the seven months from December 2017 up to the Wynne Government being defeated in the June 2018 provincial election. The Ford Government is on the hook for violating the AODA for the subsequent two years, from the time it took office up to today.

The Ford Government should now direct all school boards receiving any of the public money that the Government announced on July 23, 2020 that all those new projects must be fully accessible. This must go further than simply meeting the inadequate accessibility requirements in the Ontario Building Code, in AODA accessibility standards enacted to date, and in local bylaws. The Ford Government should set specific accessibility requirements that must be met. A good template for this is set out in the AODA Alliance’s draft Framework for the Post-Secondary Education Accessibility Standard.

There have now been 546 days, or over a full year and a half, since the Ford Government received the ground-breaking final report of the Independent Review of the implementation of the Accessibility for Ontarians with Disabilities Act by former Ontario Lieutenant Governor David Onley. The Government has not announced any comprehensive plan of new action to implement that report. That makes even worse the serious problems facing Ontarians with disabilities during the COVID-19 crisis.

For more background, check out:

* The AODA Alliance website’s Built Environment page, that documents our efforts to get the Ontario Government to enact strong accessibility standards for the built environment.

* The AODA Alliance website’s Education page, documenting the AODA Alliance’s efforts to tear down the many barriers in Ontario’s education system facing students with disabilities.

          MORE DETAILS

 July 23, 2020 Ontario Government News Release

Originally posted at https://news.ontario.ca/opo/en/2020/07/ontario-building-and-expanding-schools-across-the-province-1.html

Ontario Newsroom

News Release

Ontario Building and Expanding Schools across the Province

July 23, 2020

Modern Facilities Will Strengthen Student Learning and Increase Access to Child Care

BRAMPTON — The Ontario government is investing over $500 million to build 30 new schools and make permanent additions to 15 existing facilities, supporting over 25,000 student spaces across the province. These new, modern schools will create the foundation for a 21st century learning environment for thousands of students across the province. This investment will also generate nearly 900 new licensed child care spaces to ensure families across the province are able to access child care in their communities.

Details were provided today by Premier Doug Ford and Stephen Lecce, Minister of Education.

“Our government is making a significant capital investment in our school system,” said Premier Ford. “By making these smart investments today, we will ensure our students and teachers have access to modern facilities to learn with features like high-speed Internet, accessible ramps and elevators, and air conditioning, while providing parents with access to more licensed child care spaces.”

The government is investing over $12 billion in capital grants over 10 years, including over $500 million invested in this year alone to build critical new school capital projects and permanent additions. Today’s announcement continues to build upon the government’s commitment to invest up to $1 billion over five years to create up to 30,000 licensed child care spaces in schools, including 10,000 spaces in new schools. These new projects will also result in the creation of new jobs in the skilled trades as over $500 million of major infrastructure projects break ground in short order.

“It is unacceptable that too many schools in our province continue to lack the investment that our students deserve,” said Minister Lecce. “That is why this government is making a significant investment to build new schools, to extensively renovate existing schools, and expand access to licensed child care spaces in our province. Our government is modernizing our schools, our curriculum, and the delivery of learning, to ensure students are set up to succeed in an increasingly changing world.”

QUICK FACTS

list of 4 items

  • The Ministry of Education reviews all Capital Priorities submissions for eligibility and merit prior to announcing successful projects.
  • The Ministry is working in partnership with school boards to deliver high-speed Internet to all schools in Ontario, with all high schools having access to broadband by September 2020, and all elementary schools having access by September 2021. As of March 31, 2020, broadband modernization has been completed at 1,983 schools, including 403 Northern schools. Installation is currently in progress at 2,954 schools, including 99 northern schools.
  • The Ministry is investing $1.4 billion in renewal funding, which continues to meet the recommended funding level by the Auditor General of Ontario to preserve the condition of Ontario’s school facilities.
  • To find out more about projects in your community, visit the Ontario Builds map.

list end

ADDITIONAL RESOURCES

list of 1 items

  • Learn more about Ontario’s commitment to modernizing schools and child care spaces.

list end

CONTACTS

Ivana Yelich

Premier’s Office

[email protected]

Alexandra Adamo

Minister Lecce’s Office

[email protected]

Ingrid Anderson

Communications Branch

437 225-0321

[email protected]

Office of the Premier

http://www.ontario.ca/premier



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The Ford Government Claims to Be Leading Ontario By Its Example on Achieving Accessibility for 2.6 Million Ontarians with Disabilities, But a Closer Look Shows That It Is Leading By a Poor Example


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

The Ford Government Claims to Be Leading Ontario By Its Example on Achieving Accessibility for 2.6 Million Ontarians with Disabilities, But a Closer Look Shows That It Is Leading By a Poor Example

March 2, 2020

          SUMMARY

Last Friday, February 28, 2020, at a media event to which the AODA Alliance was not invited, the Ford Government made an announcement, set out below, unveiling how it says it is leading Ontario by example to achieve accessibility for 2.6 million Ontarians with disabilities- people who face far too many barriers on a daily basis when they try to get a job, ride public transit, shop, or use public services. Yet a closer look shows that the example by which the Ford Government says it is leading is a very poor one. It lacks key ingredients that Ontarians with disabilities need.

“There is nothing new in The Ford Government’s February 28, 2020 announcement,” said David Lepofsky, chair of the non-partisan AODA Alliance, Ontario’s voluntary grassroots watchdog on disability accessibility. “The Government once again staged an event to re-announce measures that are already in place or that have previously been announced, dressing them up as if this were some bold new initiative. Such pre-existing measures, while potentially helpful to a point, do not get Ontario on schedule for becoming accessible by 2025, or ever.”

A month ago, on January 28, 2020, the Ford Government held an earlier media event where it made another announcement on accessibility. It was thin gruel, mostly if not entirely made up of actions that were previously announced. That even included a program that has been in effect for over a quarter century, when Bob Rae was Ontario’s premier.

This is not the leadership on accessibility that Ontarians with disabilities deserve. Below we provide six amply documented examples that illustrate this. The AODA Alliance continues to offer the Government constructive ideas, and remains eager to work with the Government on this. To date, Premier Doug Ford continues to refuse to meet with us.

A troubling 396 days have now gone by since the Ford Government received the final report on the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act that was prepared by former Lieutenant Governor David Onley. We are still waiting for the Ford Government to come up with a comprehensive and effective plan of new measures to implement the Onley Report’s recommendations, needed to substantially strengthen the AODA’s implementation and enforcement. To date, all the Government has offered Ontarians with disabilities is thin gruel.

          MORE DETAILS

Six Illustrations of the Poor Example that the Ford Government has Set on Accessibility for 2.6 Million Ontarians with Disabilities

The Ontario Government has for over a decade, under Conservative and Liberal leaders alike, and under Minister after Minister, repeatedly congratulated itself with the same incorrect claim that Ontario is leading by example on accessibility. The Ford Government’s February 28, 2020 announcement is the most recent repetition of that claim. Yet the AODA Alliance has researched and documented in great detail how the Ontario Government has for years been leading by a poor example on accessibility – an example which others should not follow. We documented this in Chapter 10 of the AODA Alliance’s June 30, 2014 brief to the Mayo Moran 2nd AODA Independent Review, and in Chapter 10 of the AODA Alliance’s January 15, 2019 brief to David Onley’s 3rd AODA Independent Review. Neither the current Ontario Government nor the previous Government disputed the accuracy of the facts in those briefs.

Both the Mayo Moran and David Onley AODA Independent Reviews concluded that the Ontario Government needed to show revitalized new leadership on accessibility. They found that the disability community recognizes that the Ontario Government’s leadership on this issue has been wanting. Their findings directly echo the submissions we made to those AODA Independent Reviews.

The 2014 final report of the 2nd Independent Review of the AODA’s implementation, conducted by former University of Toronto Law Dean Mayo Moran, made this pivotal finding:

“One of the prominent themes that emerged from the consultations was the belief of the disability community that the Government of Ontario has not succeeded in embedding accessibility into its internal operations.”

Five years later, the 3rd AODA Independent Review by former Lieutenant Governor David Onley made the same findings in its report:

“Government Leadership Missing

Many stakeholders called on the Ontario government to revitalize and breathe new life into the AODA, echoing both the Beer and Moran Reviews. As far as government leadership goes, little has changed. The government largely has been missing in action.”

The Onley Report also found:

“The Premier of Ontario could establish accessibility as a government-wide priority with the stroke of a pen. Our previous two Premiers did not listen to repeated pleas to do this. I am hopeful the current one will.”

Yet Premier Ford has not done so. He has to date refused to even meet with the AODA Alliance’s leadership.

The Ford Government’s February 28, 2020 re-announcement of pre-existing measures does not show the revitalized new leadership on accessibility for which the Moran and Onley AODA Independent Reviews called.

Here are six examples arising from the Ford Government’s announcement on February 28, 2020 that illustrate that it is not leading by the good example that it claims:

  1. This announcement includes measures that sound far better on paper than they have proven to be in practice. For example, the Ford Government said on February 28, 2020 that it is leading by example by “(e)nsuring ministries are taking accessibility into account as a key consideration when developing policies.” The Ford Government did just the opposite late last fall. Despite our pleas, it palpably ignored serious disability accessibility and safety concerns when it enacted a regulation allowing municipalities to permit electric scooters (e-scooters) on roads, sidewalks and other public places. An unlicensed, untrained and uninsured e-person as young as 16 silently racing towards people with disabilities endangers them, as an open letter from 13 disability organization attests.

The ford Government chose to listen only to corporate lobbyists for e-scooter rental companies. It side-lined the safety of people with disabilities. Check out the AODA Alliance’s web page on the e-scooter issue.

The Ford Government’s e-scooter regulation threatens to create new and serious barriers against people with disabilities. That is not the leadership example that Ontarians with disabilities deserve.

  1. To lead by example in this area, the Ford Government needs to put in place a detailed plan that will ensure that Ontario will become accessible by 2025, the AODA’s deadline. Yet it still has no such plan. No plan was announced on Friday, February 28,2020, nor has the Government announced any plan to create a plan. That is not the leadership example that , Ontarians with disabilities deserve.
  1. To support its claim that it is leading by example on accessibility, the Ford Government’s February 28, 2020 announcement points to the fact that there are Standards Development Committees now developing recommendations on what the Government should enact in new AODA accessibility standards to address barriers in Ontario’s education system and health care system. We campaigned for years for those Standards Development Committees to be established.

However, this is hardly an illustration of the Ford Government leading by a good example. It was the previous Liberal Government under Premier Wynne that appointed those Standards Development Committees. In a very harmful move, the Ford Government kept those Standards Development Committees frozen for over a year after it took power. That freeze unjustifiably set back progress on accessibility. The AODA Alliance had to lead a tenacious campaign for many months just to get the Ford Government to lift that freeze. That is not the leadership example that Ontarians with disabilities deserve.

  1. The Onley Report found that the recurring barriers that people with disabilities face in the built environment must become a major Government priority. It called for new accessibility regulations to fix this. Doug Ford recognized the importance of this need in his May 15, 2018 letter to the AODA Alliance where he set out his party’s 2018 election promises on disability accessibility.

Yet last Friday’s announcement did not commit to develop new regulations, under the AODA or in the Ontario Building Code or both, to ensure that the built environment becomes accessible. Existing legal requirements are inadequate. Last May, during National Accessibility Week, Doug Ford’s Government hurtfully derided such an idea as “red tape,” as if the rights to accessibility for Ontarians with disabilities were red tape.

Making this worse, The AODA required the Ontario Government to appoint an AODA Standards Development Committee over two years ago to review a weak accessibility standard that deals with barriers in public spaces, mainly outside buildings. The Ford Government continues to be in open, flagrant breach of that obligation. That is not the leadership example that Ontarians with disabilities deserve.

  1. The Ford Government’s announcement last Friday spoke of accessibility as being one of the criteria for assessing applications for some infrastructure spending. However, it did not commit to ensure that public money is never used to create barriers against Ontarians with disabilities. Yet the Government has emphasized its commitment to be responsible in the use of public money. Spending public money in a way that creates new barriers against people with disabilities, as the Ontario Government has been doing for years, is not the leadership example that Ontarians with disabilities deserve.
  1. In last Friday’s announcement, the Ford Government pointed to measures to improve accessibility in public transit. However, it has made no commitment and announced no plan to ensure that its new public transit infrastructure will be fully accessible to passengers with disabilities. Metrolinx, the Ontario Government’s key agency in that area, has a troubling track record in this regard. Moreover, after over one and a half years in power, the Ford Government has announced no plans to strengthen the weak 2011 Transportation Accessibility Standard. The Ontario Government received recommendations from the Transportation Standards Development Committee in the 2018 spring, around two years ago. This inaction is also not the leadership example that Ontarians with disabilities deserve.

Ford Government’s February 28, 2020 News Release

Ontario Leading by Example in Improving Accessibility

Government Continues Progress Through Cross-Government Actions

NEWS
February 28, 2020

WHITBY — Ontario is continuing to work towards an inclusive and barrier-free province through its comprehensive accessibility framework.

Today, Raymond Cho, Minister for Seniors and Accessibility, announced the second area of focus under the Advancing Accessibility in Ontario framework – government leading by example – at the Abilities Centre in Whitby. This area demonstrates the government’s commitment and leadership in improving accessibility in its role as a policy maker, service provider and employer.

“Our government is committed to protecting what matters most, and this means removing barriers in Ontario so we can empower people with disabilities,” said Minister Cho. “We are continuing to develop and enforce accessibility laws to help deliver critical services to Ontarians. It’s crucial that we set a strong example of moving accessibility forward to make a positive difference in the daily lives of people with disabilities.”

The government is taking leadership on this issue by applying an accessibility lens when evaluating capital project applications and spending public tax dollars. For example, while developing the provincial criteria for the Investing in Canada Infrastructure Program (ICIP), the Ministry for Seniors and Accessibility worked closely with the Ministry of Infrastructure to establish accessibility as one of the four main objectives that applications will be evaluated on under the program’s Community, Culture and Recreation stream. Projects will additionally be evaluated based on exceeding minimum standards; use of Universal Design Principles, accessible guidelines and innovative solutions to increasing accessibility.

“We are extremely pleased with the direction the Government of Ontario is taking with its Advancing Accessibly in Ontario framework,” said Stuart McReynolds, President and Chief Executive Officer of Abilities Centre. “We must all work together as partners to advance inclusion and accessibility throughout the province.”

As part of Ontario’s work towards creating a more accessible and inclusive province today and for future generations, the government formed a dedicated Ministry for Seniors and Accessibility in June 2018.

QUICK FACTS

  • There are 2.6 million people in Ontario that have a disability.
  • The Ontario Public Service Accessibility Office serves as an accessibility centre of excellence, elevating accessibility as a top priority within and beyond government. It supports ministries to meet their legislated obligations and embed accessibility into government policies, programs, services and internal activities.
  • The Advancing Accessibility in Ontario framework was informed by the recommendations made by the Honourable David C. Onley in the third legislative review of the Accessibility for Ontarians with Disabilities Act, as well as input from key partners, organizations and people with disabilities.
  • Further information on the other key areas in Advancing Accessibility in Ontario will be announced in the coming weeks.

BACKGROUND INFORMATION

Advancing Accessibility in Ontario: Government to lead by example

ADDITIONAL RESOURCES

Advancing Accessibility in Ontario: Breaking down barriers in the built environment

Accessibility for Ontarians with Disabilities Act

Accessibility in Ontario: Information for Businesses web page

MEDIA CONTACTS          

Pooja Parekh
Minister’s Office
[email protected]

Matt Gloyd
Communications Branch
647-268-7233
[email protected]

Ford Government’s February 28, 2020 Backgrounder

Advancing Accessibility in Ontario: Government to lead by example

BACKGROUNDER

February 28, 2020

Enhancing accessibility is a priority for the government. The province has elevated accessibility as a commitment by creating a dedicated Ministry for Seniors and Accessibility to work towards a more accessible and inclusive Ontario today and for future generations.

Advancing Accessibility in Ontario is a cross-government framework that will help focus the government’s work in four key areas:

  • breaking down barriers in the built environment
  • government leading by example in its role as a policy maker, service provider and employer
  • increasing participation in the economy for people with disabilities and
  • improving understanding and awareness about accessibility

The government leading by example demonstrates Ontario’s leadership in improving accessibility in its role as a policy maker, service provider and employer.

In its role as a policy maker, the government is making significant progress in implementing the Accessibility for Ontarians with Disabilities Act (AODA) and as an organization is leading the way by:

  • Ensuring ministries are taking accessibility into account as a key consideration when developing policies.
  • Addressing barriers in the health care sector, such as a greater need for sensitivity when communicating with people with disabilities, by resuming the Health Care Standards Development Committee to develop recommendations for proposed accessibility standards for hospitals in regulation under the AODA. This committee is comprised of people with disabilities, disability organizations and sector experts.
  • Making sure students with disabilities have the supports they need to transition from one school system to another by resuming the K-12 and Post-Secondary Education Standards Development Committees to provide recommendations on how to make the education sector more inclusive. These committees will develop recommendations for proposed accessibility standards in regulation under the AODA.
  • Considering recommendations from the Information and Communications Standards Development Committee to assess how to make information and digital communications more accessible.
  • Creating more inclusive learning environments by providing educators with accessibility training, lesson plans and resources through the TeachAble Project website. The site was created with funding from the government’s EnAbling Change Program and gives people who work with students ways to create awareness about accessibility in the classroom.
  • Providing clearer and more transparent processes for families requesting service animals accompany their children to school, no matter where they live in Ontario. As of January 1, 2020, Ontario school boards are required to implement their service animal policies. This support will help all students be successful.
  • Providing organizations and the public with practical tips on how to be more accessible by delivering regular free webinars on various topics, such as accessible transit and creating accessible tourism experiences and customer service in Ontario.
  • Improving accessibility as part of broader efforts being made with the federal government and other provinces.

In its role as a service provider, the government is working to provide barrier-free services through initiatives including:

  • Better serving transit users and commuters by investing in improvements to the GO transit experience as part of the GO Expansion program. Progress continues at the five remaining GO stations in the Greater Toronto Area that are not yet accessible, including installing ramps and platform elevators as needed.
  • Continuing to improve accessibility on trails, beaches and provincial parks in Ontario by adding features like mobility mats to make it easier for everyone to use public spaces.
  • Streamlining the Accessible Parking Permit process to reduce misuse while ensuring access by making it easier for people 80 years of age and older, Canadian veterans of any age and certain people with disabilities to apply for an accessible parking permit.
  • Investing $1.07 million in 2019-20 to support Abilities Centre in Whitby to advance inclusion and accessibility for people of all ages and abilities. Initiatives include:
    • researching social inclusion and social enterprise
    • developing a pre-employment skills program
    • piloting a 12-week pan-disability program for adults with disabilities
    • supporting local private and non-profit sector organizations to develop inclusion and accessibility plans
  • Improving community agencies across Ontario through the annual Partner Facility Renewal program, which includes an investment totalling $11.5 million that goes towards more than 350 upgrade and repair projects. This program includes an investment of more than $1.6 million for building repairs and upgrades at community agencies across northern Ontario so they can continue providing services to children and families. For example, a new elevator will be installed at Ontario Native Women’s Association, helping to make the building more accessible.
  • Continuing to help Ontario residents with long-term mobility disabilities remain in their homes and participate in their communities by funding the Home & Vehicle Modification Program, which is administered by March of Dimes Canada. With an annual investment of $10.6 million, this program reduces safety risks by approving grants up to $15,000 to make basic home and vehicle modifications.
  • Addressing barriers in the digital environment to move towards a modern digital approach so that our accessibility resources, reports and publicly available data are easier to access. For example:
    • We’re making it easier for people who are blind to use Ontario GeoHub, a website that provides descriptive information about the characteristics, quality and context of Ontario’s geospatial data. For this project, the Ministry of National Resources and Forestry collaborated with the Canadian National Institute of the Blind, which led to helpful adjustments to the site that make it more user friendly for people with disabilities. The ministry will use these learnings to inform how it delivers digital services moving forward.

In its role as an employer and as an organization, the government is working to establish a more inclusive employment culture in the OPS by:

  • Supporting OPS employees – roughly 12 per cent of which self-identify as having a disability – and ministries to meet the requirements of the AODA and embed accessibility into internal activities through the Ontario Public Service Accessibility Office, which serves as an accessibility centre of excellence.
  • Addressing systemic barriers and gaps through Deputy Ministers’ committees within the OPS. These groups work on accessibility planning and implementation across government, as well as ensure accessibility is meaningfully reflected in government policies, programs and initiatives. This helps to improve access to government services for the public, which enhances health, employment and social inclusion.
  • Using the OPS’ annual Multi-Year Accessibility Plan Report to summarize the OPS’ work to prevent and remove barriers to accessibility. The OPS also works to help foster a culture of inclusion both within the organization and across the province.
  • Increasing opportunities for hands-on work experience and training in the OPS for youth with disabilities by expanding eligibility for the Ontario Internship Program. The criteria have recently changed so that students with disabilities that have graduated within the last five years – rather than two years – can now apply to the year-long program.
  • Expanding the professional networks of youth with disabilities by connecting them with mentors across the OPS and broader public sector through Connexions, an annual session that helps post-secondary students and graduates with disabilities prepare for the job market by practicing job-seeking skills.

 

 

MEDIA CONTACTS

Matt Gloyd

Communications Branch

647-268-7233

[email protected]



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Ontario Liberal Leadership Candidate Steven Del Duca Only Makes Four of the Ten Full Commitments on Accessibility for 2.6 Million Ontarians with Disabilities that the AODA Alliance Seeks, and Gives Weaker Commitments on the Other Six Issues – We Analyze Del Duca’s Responses Compared to Leadership Candidate Michael Coteau Who Made All Ten Commitments We Seek


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

Web: www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance Facebook: www.facebook.com/aodaalliance/

Ontario Liberal Leadership Candidate Steven Del Duca Only Makes Four of the Ten Full Commitments on Accessibility for 2.6 Million Ontarians with Disabilities that the AODA Alliance Seeks, and Gives Weaker Commitments on the Other Six Issues – We Analyze Del Duca’s Responses Compared to Leadership Candidate Michael Coteau Who Made All Ten Commitments We Seek

February 17, 2020

          SUMMARY

On January 11, 2020, the AODA Alliance sent an open letter to all Ontario Liberal leadership candidates. We asked for 10 pledges to ensure that Ontario becomes accessible for 2.6 million Ontarians with disabilities. On February 15, 2020, Steven Del Duca became the second Ontario Liberal leadership candidate to write to the AODA Alliance in order to spell out his specific responses regarding those commitments. We set out his letter below.

The first Ontario Liberal leadership candidate to give a detailed response to us, Michael Coteau, earlier made all ten commitments on disability accessibility that we sought. In contrast, Mr. Del Duca in substance made only four of the ten commitments we sought. On the other six issues, his commitments fell short of what we seek. Below we provide an issue-by-issue comparison.

We urge Mr. Del Duca and all the Liberal leadership candidates who have not yet done so to now make all the commitments we seek. There is still time for them to do so.

We will be closely watching the televised Liberal Leadership Candidates Debate on February 19, 2020 at 8 pm and 11 pm on TVO’s The Agenda with Steve Paikin to see what the candidates have to say about disability rights, including accessibility for 2.6 million Ontarians with disabilities.

As always, in this leadership race or in similar races in other parties, we do not support, endorse or oppose any candidate. We seek their commitments and make public their responses. We aim to get strong commitments from all of them.

The issue of achieving accessibility for Ontarians with disabilities is important as the Ontario Liberal Party seeks to rejuvenate itself after it so resoundingly lost the 2018 Ontario election. It is our hope that their rejuvenation includes a strengthened approach to accessibility for Ontarians with disabilities. As always, we aim to get all parties to take as strong an approach to accessibility as we can achieve.

Turning brief attention to the current Ontario Government, as of today, 382 days have passed since the Ford Government received the blistering final report of the Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act. It called for strong new action to strengthen the AODA’s implementation and enforcement. The Ford Government has still not announced a plan of action to strengthen the implementation and enforcement of the AODA. On January 28, 2020, the Ford Government held a media event where it mainly re-announced some measures that will not strengthen the AODA’s implementation and enforcement, measures which we describe as thin gruel for 2.6 million Ontarians with disabilities

Would you like to send us feedback? Email us at [email protected]

          MORE DETAILS

Analysis of Steven Del Duca’s Commitments on Disability Accessibility Compared to the Other Five Liberal Leadership Candidates

Mr. Del Duca in effect fully made four of the ten commitments we sought, and gave more general  answers on the other six. Michael Coteau made all ten commitments we seek.

It is good that Mr. Del Duca committed to meet with accessibility advocates should he become party leader, and again should he become Ontario premier (our request #1). It is also good that he promised to press the Ford Government on accessibility issues (our request #2), and that in advance of the next election, he would set out policies on accessibility for people with disabilities (our request #3). When asked for commitments to ensure that elections become accessible to people with disabilities (our request #10), he committed that he would “work hard to ensure that elections in Ontario are accessible to everyone.”

However, Mr. Del Duca did not make six of the specific commitments we sought. His responses on those issues were more limited.

Mr. Del Duca did not commit to fully maintain the implementation of the AODA 2005 nor did he commit not to weaken or reduce any provisions or protections in that legislation or regulations enacted under them, or any Government policies, practices, strategies or initiatives that exist to implement them or achieve their objectives (our request #4). Michael Coteau gave the commitment we sought. So did Kathleen Wynne when she was running in 2012 for Ontario Liberal Party leadership, though she did not later keep that promise. On this issue, Mr. Del Duca more generally pledged: “my government will fulfill the AODA standards and will strive to implement fair policies that advance accessibility for all Ontarians.”

Unlike Michael Coteau in this race and Kathleen Wynne in the last Liberal leadership race, Mr. Del Duca did not commit to honour past Liberal Party commitments on accessibility (our request #5). He only committed to enforce the Accessibility for Ontarians with Disabilities Act (AODA), just one of those prior Liberal Party commitments.

When asked if he would show new leadership on accessibility and breathe new life into the AODA’s implementation (our request #6), Mr. Del Duca more generally said “my government will consult closely with all stakeholders to ensure that the AODA is implemented and enforced effectively.”

Mr. Del Duca did not specifically commit to direct cabinet ministers, the Secretary of Cabinet and other senior public officials in his mandate letters to them to implement his Government’s duties and commitments on disability accessibility (our request #7) . He gave the more limited commitment that “I will expect all members of my government to work in a coordinated fashion to advance our accessibility policies.”

Here again, Michael Coteau gave the commitment we sought. In substance, so did the Kathleen Wynne Government in the 2014 Ontario election. The Wynne Government did not keep that pledge in many cases.

Unlike Michael Coteau, Mr. Del Duca did not commit to ensure that Ontario is on schedule for full accessibility for persons with disabilities by 2025, the deadline that the AODA requires. Should the Liberals form the Government at a time when it is too late to achieve that deadline, he did not commit to get Ontario as close to being accessible as reasonably possible by 2025. In that event, he did not commit to work with us and to take any needed action, including passing new legislation, to set a new achievable deadline and to institute measures that will ensure that it is achieved (and that will not weaken or reduce any provisions or policies then in place,our request #8).

Mr. Del Duca gave this more limited commitment:

“I will consult closely with all stakeholders to determine how Ontario can achieve greater accessibility, and I will work with all stakeholders to implement accessibility policies that achieve our goals.”

We note that “greater accessibility” is a very weak goal. Merely installing one more ramp somewhere in Ontario fulfils that goal. The AODA has the far more substantial goal of making Ontario accessible to people with disabilities by 2025.

Mr. Del Duca did not categorically commit that under his leadership, public money will not be used to create or perpetuate barriers against people with disabilities (our request #9). He gave this more limited commitment:

“I will work closely with all stakeholders to ensure that public buildings are accessible to all Ontarians.”

This is helpful, but limited. Accessibility concerns many different kinds of barriers, not only those in the built environment.

Once again, Michael Coteau gave the commitment we sought. Kathleen Wynne’s Government also gave this commitment in the 2014 Ontario election, but broke that promise during its time in office.,

As for the four other Liberal leadership candidates, Mitzie Hunter has not responded to us at all. Kate Graham thanked us for sharing our requests with her, but did not answer any of them.

Brenda Hollingsworth sent us a message on Facebook around January 14, 2020. She said she would send us a letter making all the commitments we seek. However, we have not yet gotten a letter to that effect from her.

Finally, on January 11 or 12, 2020, Alvin Tedjo sent us a tweet on Twitter. He said that

“As leader, I’ll consult with Ontarians with disabilities, advocates and service providers to make sure our party puts forward a robust and achievable accessibility platform in 2022.”

That answer does not give most of the ten commitments we sought.

February 15, 2020, Letter to the AODA Alliance from Ontario Liberal Leadership Candidate Steven Del Duca

Steven Del Duca Leadership Campaign

February 15, 2020

Mr. David Lepofsky, CM, O. Ont.

Chair, AODA Alliance

Dear David,

Thank-you for your letter. You and the AODA Alliance have been tireless champions for accessibility in Ontario, and I am pleased to respond to your important questions.

Achieving real accessibility for all Ontarians is vital to building an Ontario where everyone can fully enjoy our province’s social and economic prosperity. If I am honoured to be elected leader of the Ontario Liberal Party and Premier of Ontario, I am committed to working closely with all Ontarians to make Ontario accessible.

  1. We have welcomed face-to-face meetings with the past two Premiers, Dalton McGuinty and Kathleen Wynne, to discuss accessibility issues (in addition to face-to-face meetings with different cabinet ministers, successive Secretaries of Cabinet, and other senior government officials). If you become your Party’s leader, will you maintain the practice of personally meeting with us to discuss accessibility issues, in addition to our meetings with your appropriate caucus members? As part of this, will you meet with us within 60 days of becoming your party’s leader, so that we can brief you on these issues? If your Party is elected to form the Government, will you as Premier agree to periodically meet with us, in addition to our meeting with appropriate cabinet ministers?

 

If I am honoured to be elected leader, I will meet with accessibility leaders and advocates within 60 days. If I am honoured to be elected Premier of Ontario, I will meet regularly with the accessibility leaders and advocates to hear concerns and develop policies that advance accessibility in Ontario.

  1. Under your leadership, will your Party make it a priority to press the current Government to keep its commitments and fulfil its duties on accessibility for Ontarians with disabilities?

 

If I am honoured to be elected leader, the Ontario Liberal Party will advocate for real action by the Ford Government to advance accessibility in Ontario and will demand that the Ford Government fulfill its obligations to all Ontarians with disabilities.

 

  1. In Ontario elections, will you continue the practice of the last three Ontario Liberal Party leaders, of making specific election commitments to us on the issue of achieving an accessible province for persons with disabilities, in letters to us?

 

If I am honoured to be elected leader, I will set out policies in advance of the 2022 election that will demonstrate real leadership by the Ontario Liberal Party on accessibility, in stark contrast to the regressive policies of the Ford Government.

  1. Under your leadership, will the Liberal Party fully maintain the implementation of the AODA 2005 and not weaken or reduce any provisions or protections in that legislation or regulations enacted under them, or any Government policies, practices, strategies or initiatives that exist to implement them or achieve their objectives?

 

If I am honoured to be elected leader and Premier of Ontario, my government will fulfill the AODA standards and will strive to implement fair policies that advance accessibility for all Ontarians.

 

  1. Will you keep the past commitments that your Party has made to Ontarians with disabilities regarding disability accessibility, including e.g. its previous commitments to effectively enforce the AODA? We set out links to those commitments below.

 

If I am honoured to be elected leader and Premier of Ontario, my government will work with all stakeholders to ensure that the AODA is enforced effectively and fairly.

 

  1. Under the AODA, three Government-appointed mandatory Independent Reviews have examined the Government’s implementation of the AODA. These were conducted in 2009-2010 by Charles Beer, in 2013-2014 by Prof. Mayo Moran and in 2018-2019 by former Lieutenant Governor David Onley. All three reports called on the Government to revitalize and breathe new life into the implementation of the AODA, and for the Government to show strong new leadership on this issue. The Moran report and the Onley Report specifically recommended that Ontario’s Premier should show strong new leadership on disability accessibility. (See a quotation later in this letter) If you become Ontario’s Premier, will you show new, strong leadership on accessibility and breathe new life into and revitalize the Government’s implementation of the AODA?

 

If I am honoured to be elected leader and Premier of Ontario, my government will consult closely with all stakeholders to ensure that the AODA is implemented and enforced effectively and fairly. It is essential that we build an Ontario where everyone can fully participate in our society and economy.

 

  1. Each premier sends Mandate Letters to each of his or her cabinet ministers, setting out their priorities. In your Mandate Letters, will you direct your cabinet ministers, the Secretary of Cabinet and other senior public officials to implement your Government’s duties and commitments on disability accessibility?

 

If I am honoured to be elected leader and Premier of Ontario, I will expect all members of my government to work in a coordinated fashion to advance our accessibility policies.

 

  1. If you become Premier, will you ensure that Ontario is on schedule for full accessibility for persons with disabilities by 2025, the deadline that the AODA requires? Should your party form the Government at a time when it is too late to achieve that deadline, will you commit to get Ontario as close to being accessible as reasonably possible by 2025? In that event, will you also commit to work with us and to take any needed action, including passing new legislation, to set a new achievable deadline and to institute measures that will ensure that it is achieved (and that will not weaken or reduce any provisions or policies then in place)?

 

If I am honoured to be elected leader and Premier of Ontario, I will consult closely with all stakeholders to determine how Ontario can achieve greater accessibility, and I will work with all stakeholders to implement accessibility policies that achieve our goals.

 

  1. The Moran and Onley reports expressed concerns that public money has been used to create new accessibility barriers against people with disabilities. Will you commit that under your leadership, public money will not be used to create or perpetuate barriers against people with disabilities?

 

If I am honoured to be elected leader and Premier of Ontario, I will work closely with all stakeholders to ensure that public buildings are accessible to all Ontarians.

 

  1. Ontario voters and candidates with disabilities still face too many barriers in provincial and municipal elections. Under your leadership as premier, will the Government bring forward new measures, including new legislation, to ensure that provincial and municipal elections in Ontario are fully accessible to voters and candidates with disabilities?

If I am honoured to be elected leader and Premier of Ontario, my government will work hard to ensure that elections in Ontario are accessible to everyone.

Sincerely,

 

Steven Del Duca

Candidate for the Leadership of the Ontario Liberal Party



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Ford Government’s Long Delayed Response to the Blistering Report of the David Onley Independent Review of the Implementation of Ontario’s Disability Accessibility Law Offers Thin Gruel to 2.6 Million Ontarians with Disabilities


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

Ford Government’s Long Delayed Response to the Blistering Report of the David Onley Independent Review of the Implementation of Ontario’s Disability Accessibility Law Offers Thin Gruel to 2.6 Million Ontarians with Disabilities

January 28, 2020 Toronto: After a year delay, the Ford Government today offered thin gruel to 2.6 million Ontarians with disabilities in its response set out below to the searing report of the Government-appointed Independent Review of the implementation of Ontario’s disability accessibility law conducted by David Onley. On January 31, 2019, the Government received Onley’s blistering report that concluded that for people with disabilities, Ontario is not a place of opportunity, but is instead full of “countless, dispiriting, soul-crushing Barriers”, with progress on accessibility being “barely detectable” and coming at a “glacial” pace.

To fix this, today the Ford Government mainly re-announced existing measures, in place for months or years, primarily focusing on public education efforts that are proven to be insufficient. Among these, it even re-announced a program for purchasing accessible buses that was started a quarter century ago by the Bob Rae Government.

“After a year, this is the best they can do? Premier Ford has still announced no action plan to implement the Onley Report’s important recommendations to strengthen and speed up the implementation and enforcement of the 2005 Accessibility for Ontarians with Disabilities Act. The AODA requires the Government to lead Ontario to become accessible by 2025, under five years from now,” said David Lepofsky, chair of the non-partisan grassroots AODA Alliance that leads the campaign for accessibility in Ontario. “How long must we wait for a real plan to actually implement the Onley Report? A year’s dithering mainly produced a re-announcement of earlier voluntary programs that the Onley Report shows were insufficient to meet the needs of Ontarians with disabilities who want to ride public transit, get an education, use our health care system or get a job.”

The Onley Report found that Ontario has suffered from years of ineffective leadership on accessibility. Today’s announcement shows none of the new leadership by the premier for which the Onley Report called. Indeed, Premier Ford has to date refused to even meet with the AODA Alliance.

Since taking office, the Ford Government has taken steps setting back accessibility, such as:

* For months, it froze the work of five advisory committees, appointed under the AODA to propose new measures to achieve accessibility for Ontarians with disabilities in education, health care, information and communication and employment. The AODA Alliance had to campaign hard to get that unjustified freeze lifted.

* It rejected recommendations to create a long-overdue Accessibility Standard to ensure that buildings in Ontario become accessible. The Ford Government unfairly slammed that proposal as “red tape.” Today’s re-announcement that the Ford Government plans to harmonize the weak Ontario Building Code with the weak federal building code could lead to a further weakening of already-inadequate accessibility protections for Ontarians with disabilities.

* Again re-announced today, it wastefully diverted $1.3 million public dollars into the deeply-flawed and unaccountable Rick Hansen Foundation’s private accessibility certification program – funds which should have been used to create new regulations on building accessibility, rather than having the Hansen Foundation use inadequate standards to have its insufficiently-trained people inspect a meager 250 buildings across all of Ontario.

* It mandated the creation of serious new barriers against people with disabilities by legalizing electric scooters on Ontario roads and sidewalks, endangering accessibility and safety of people with disabilities and others. Today’s announcement says the Ford Government will lead by example on accessibility, but it’s example so far is one that no one should follow.

* It is considering allowing builders to hire the private building inspector of their choice to inspect their construction project – a proposal riddled with conflicts of interest. Here again the Government is showing a weak commitment to accessibility in the built environment, despite the Onley Report’s emphasizing it as a top priority and the Government’s announcement today emphasizing barriers in the built environment.

* It has not committed to ensure that public money is never used to create barriers against Ontarians with disabilities. This is so even though the Government has emphasized its commitment to be responsible in the use of public money.

Contact: AODA Alliance Chair David Lepofsky, [email protected]

Twitter: @aodaalliance

Text of the Ford Government’s January 28, 2020 Announcement In Response to the Onley Report

Ontario Establishes a New Framework to Continue Progress on Accessibility

Applying Cross-Government Actions to Advance Accessibility

TORONTO — When a society is inclusive and barrier-free, people can fully participate in their communities. Making Ontario a province where communities and businesses are accessible for everyone benefits us all.

The government continues to build momentum in creating a barrier-free Ontario, but a lot of work still needs to be done to make the province accessible for everyone. That is why Ontario has developed a new framework informed by the recommendations made by the Honourable David C. Onley in the third legislative review of the Accessibility for Ontarians with Disabilities Act (AODA), as well as input from key partners, organizations and people with disabilities. The new framework will make a positive difference in the daily lives of people with disabilities.

Today, Raymond Cho, Minister for Seniors and Accessibility, announced Advancing Accessibility in Ontario at the Toronto Pan Am Sports Centre. This cross-government framework will help focus the province’s work in four key areas:

  • breaking down barriers in the built environment
  • government leading by example
  • increasing participation in the economy for people with disabilities and
  • improving understanding and awareness about accessibility

“We know that making Ontario accessible is a journey that cannot be completed overnight or alone. The Advancing Accessibility in Ontario framework will support our work with all of our partners across government and beyond to remove barriers for people with disabilities,” said Minister Cho. “Our government created a dedicated Ministry for Seniors and Accessibility because we are working towards a more accessible and inclusive province today and for future generations.”

“As I conducted the third legislative review of the AODA, it became increasingly clear that the people of Ontario wanted an all-of-government commitment to making Ontario far more accessible. This could not be achieved with a single stand-alone ministry attempting to resolve the problem alone,” said David C. Onley. “That is why I am pleased that the government is coordinating access activities and programs with multiple ministries in an-all-of-government commitment.”

The first area in Advancing Accessibility in Ontario – breaking down barriers in the built environment – shows how government is working with partner ministries and businesses to reduce barriers to accessibility for people with disabilities in the built environment and housing.

For example, the Ontario Building Officials Association is receiving funding from the government’s EnAbling Change Program to enhance its curriculum and training on accessibility. By making building officials more aware of the challenges people with disabilities face in accessing buildings and training them about areas of improvement, new and existing buildings can be planned and built to be more accessible.

There are several additional examples that illustrate progress and upcoming initiatives as the government continues its work towards making Ontario accessible.

Ontario is committed to protecting what matters most to people with disabilities.

QUICK FACTS

  • There are 2.6 million people in Ontario that have a disability.
  • The government is investing $1.3 million over two years for the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in Ontario to help remove barriers in buildings. An update on the program will be announced shortly.
  • Further information on the other key areas in Advancing Accessibility in Ontario will be announced in the coming weeks.

ADDITIONAL RESOURCES

Advancing Accessibility in Ontario: Breaking down barriers in the built environment

Accessibility for Ontarians with Disabilities Act

 

Accessibility in Ontario: Information for Businesses web page

-30-

Ontario Government Backgrounder

Advancing Accessibility in Ontario:

Breaking down barriers in the built environment

BACKGROUNDER January 28, 2020

Advancing Accessibility in Ontario is a cross-government framework that will help focus the government’s work in four key areas. The four key areas are:

  • breaking down barriers in the built environment
  • government leading by example in its role as a policy maker, service provider and employer
  • increasing participation in the economy for people with disabilities and
  • improving understanding and awareness about accessibility

The first area in Advancing Accessibility in Ontario – breaking down barriers in the built environment – shows how government is working with partner ministries and businesses to reduce barriers to accessibility for people with disabilities in the built environment and housing.

Work the government is doing to break down barriers in the built environment includes:

  • Making buildings safer and more accessible for people with disabilities by increasing harmonization of Ontario’s Building Code with the National Construction Codes. This process is reducing barriers and has resulted in accessibility changes, including new requirements for the design of barrier-free ramps, clearer accessibility requirements in barrier-free washrooms and easier-to-understand requirements for universal washrooms in large buildings and equipment such as grab bars and faucets.
  • Investing $1.3 million over two years for the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in Ontario to help remove barriers in buildings. An update on the program will be announced shortly.
  • Improving access to buildings and places for people with disabilities by working with key partners in architecture, design, and building. We are exploring ways to enhance training for those practicing in the field and undertaking discussions with the post-secondary sector to reach a new generation of professionals. For example:
    • We are partnering with the Ontario Building Officials Association to enhance its curriculum and training on accessibility, helping to ensure that new and existing buildings can be planned and built to be more accessible.
    • The Royal Architecture Institute of Canada is introducing a new course on accessibility to be available March 2020. Introduction to Successful Accessible Design will analyze the impacts of accessibility in society, the built environment, and the development industry. The course will be offered in English and French, both as a complete university graduate level course and as a continuing education course for practicing professionals.
  • Making places of worship more accessible so people can connect with their faith groups by funding Our Doors Are Open – a free guide created by OCAD University that provides practical information on how places of worship can remove physical barriers to accessibility.
  • Giving retailers of all sizes in Ontario practical information on how to make their store more welcoming for customers and staff with disabilities by funding EnAbling Change for Retailers: Make your Store Accessible – a free guide created by Retail Council of Canada that covers how stores can implement accessibility in their communications, customer service and recruitment and retention.
  • Ensuring better access for people with disabilities throughout Ontario by continuing to require that all public transportation vehicles bought with provincial funding be accessible.
  • Continuing to help Ontario residents with long-term mobility disabilities remain in their homes and participate in their communities by funding the Home & Vehicle Modification Program, which is administered by March of Dimes Canada. With an annual investment of $10.6 million, this program reduces safety risks by approving grants up to $15,000 to make basic home and vehicle modifications.

As the government moves forward with making Ontario more accessible, upcoming work includes:

  • Funding free resources and training materials for the building sector through the EnAbling Change Program to further educate associations and employers about how to improve accessibility in the built environment. Many of these resources are available on a comprehensive one-stop-shop government web page that provides businesses and communities with information to help them be more accessible and inclusive.
  • We are committed to developing an innovation guide with the Ministry of Municipal Affairs and Housing that will be used to support the implementation of Ontario’s Housing Supply Action Plan. The action plan will address housing challenges and support fresh approaches to help make homes more accessible.
   
MEDIA CONTACTS

Matt Gloyd

Communications Branch

647-268-7233

[email protected]

ontario.ca/msaa-news

Disponible en français



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AODA Alliance Sends an Open Letter to the Candidates for Leadership of the Ontario Liberal Party, Seeking Specific Commitments on Accessibility for Ontarians with Disabilities


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

AODA Alliance Sends an Open Letter to the Candidates for Leadership of the Ontario Liberal Party, Seeking Specific Commitments on Accessibility for Ontarians with Disabilities

January 11, 2020

          SUMMARY

Happy new year to one and all. Although the new year has scarcely begun, we’re already back at it, sleeves rolled up, plowing ahead with advocacy to tear down the barriers that people with disabilities too often still face. Here is the first news for you in 2020.

At its party convention starting on March 7, 2020, the Ontario Liberal Party will choose its next leader. Today, we wrote an open letter to all the candidates for Ontario Liberal leadership, which we set out below. In it, we ask each candidate to make commitments on making our society accessible for people with disabilities. We will make public any responses that we receive.

We will not endorse, support or oppose any candidate. As always, our non-partisan goal is to get strong commitments from all the leadership candidates, whatever be their party.

This is certainly not the first such leadership race in which we have used this strategy. When the Ontario Liberals last had a leadership race, in 2012-13, we did the same thing. In that leadership race, all six candidates made written commitments to us. During the two leadership races held by the Ontario Progressive Conservative Party since then, we deployed the same strategy. In both of those leadership races, none of the candidates answered our request for commitments on accessibility for people with disabilities.

Stay tuned for lots more news on accessibility issues over the next days, weeks and months. There have now been 345 days, or over eleven months, since the Doug Ford Government received the final report of the Independent Review of the AODA’s implementation conducted by former Lieutenant Governor David Onley. The Government has still failed to announce a plan to implement that report. The AODA’s mandatory 2025 deadline for Ontario to become accessible to people with disabilities is now less than 5 years away.

In this new year, we welcome your feedback as much as ever! Write us at [email protected] Tweet us at @aodaalliance. Check us out on Facebook at www.facebook.com/aodaalliance/

          MORE DETAILS

Text of the January 11, 2020 Open Letter from the AODA Alliance to All Candidates for Leadership of the Ontario Liberal Party

Accessibility for Ontarians with Disabilities Act Alliance

1929 Bayview Avenue

Toronto, Ontario M4G 3E8

Email: [email protected]

Visit: www.aodalliance.org

January 11, 2020

To: Candidates for Leadership of the Ontario Liberal Party

Michael Coteau

Email: [email protected] and [email protected]

Twitter: @coteau

 

Steven Del Duca

Email: [email protected]

Twitter: @StevenDelDuca

Kate Graham

Email: [email protected]

Twitter: @KateMarieGraham

Brenda Hollingsworth

Email: [email protected]

Twitter: @OttawaLawyers

Mitzie Hunter

Email: [email protected] and [email protected]

Twitter: @MitzieHunter

Alvin Tedjo

Email: [email protected]

Twitter: @AlvinTedjo

Dear Candidates,

This open letter to all candidates for the leadership of the Ontario Liberal party seeks each candidate’s commitments on disability accessibility. These commitments would aim at ensuring that Ontario achieves the goal of full accessibility for some 2.6 million Ontarians with disabilities on or before 2025, the end date that the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires by law. We will make public all responses we receive to this open letter.

In the last race for leadership of the Ontario Liberal Party, back in 2012-2013, all six leadership candidates made written commitments to us on accessibility for people with disabilities. We hope that each candidate in this leadership race will do the same.

The Issue

Some 2.6 million people with disabilities in Ontario still face too many barriers when they try to get a job, ride public transit, get around in our community, or enjoy the goods, services and facilities that are available to the public. This hurts all Ontarians. Everyone either has a disability now or is bound to get one later as they age. That is why we often say that people with disabilities are the minority of everyone.

The Ontario Liberal Party can be proud that when it formed Government in 2003, it had committed to pass strong new Ontario accessibility legislation, working in consultation with Ontario’s disability community to design it. Ontario’s Liberals can also be proud that in 2005, the Legislature unanimously passed the AODA, and shortly afterwards, got a good start on implementing it.

However, after that, progress slowed. It got mired in the bureaucracy. Since then, Ontario has made some progress on accessibility for people with disabilities. However there is still a great deal to be done to achieve the goal of full accessibility by 2025 that the AODA requires of us all.

Ontario is far behind reaching full accessibility by 2025. One year ago, the final report of the Government-appointed Independent Review of the AODA’s implementation and enforcement, conducted by former Lieutenant Governor David Onley, made strong findings about this. Based on public feedback, Mr. Onley found that the pace of change since 2005 for people with disabilities has been “glacial.” The Onley report found that “…the promised accessible Ontario is nowhere in sight.” Progress on accessibility under this law has been “highly selective and barely detectable.”

Mr. Onley found “…this province is mostly inaccessible.” The Onley report correctly concluded:

“For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

The Onley report in substance found that there has been a protracted, troubling lack of Government leadership on this issue, even though two prior Government-appointed AODA Independent Reviews called for renewed, strengthened leadership:

“The Premier of Ontario could establish accessibility as a government-wide priority with the stroke of a pen. Our previous two Premiers did not listen to repeated pleas to do this.”

As of this letter’s date, the current Ontario Government under Premier Doug Ford has not strengthened or accelerated the AODA’s implementation or enforcement. It has not shown the new revitalized leadership on this issue that Ontarians with disabilities need. If anything, progress has slowed even more.

What We Ask of You

We are eager to ensure that the next Ontario Liberal Party leader will fully maintain the Liberal Party’s past commitments on disability accessibility, and will build on those commitments. We would be delighted if you could simply give a “yes” answer to the following questions. We realize that in a busy leadership campaign, you may not be in a position to write more extensively than that on these questions:

  1. We have welcomed face-to-face meetings with the past two Premiers, Dalton McGuinty and Kathleen Wynne, to discuss accessibility issues (in addition to face-to-face meetings with different cabinet ministers, successive Secretaries of Cabinet, and other senior government officials).

If you become your Party’s leader, will you maintain the practice of personally meeting with us to discuss accessibility issues, in addition to our meetings with your appropriate caucus members? As part of this, will you meet with us within 60 days of becoming your party’s leader, so that we can brief you on these issues? If your Party is elected to form the Government, will you as Premier agree to periodically meet with us, in addition to our meeting with appropriate cabinet ministers?

  1. Under your leadership, will your Party make it a priority to press the current Government to keep its commitments and fulfil its duties on accessibility for Ontarians with disabilities?
  1. In Ontario elections, will you continue the practice of the last three Ontario Liberal Party leaders, of making specific election commitments to us on the issue of achieving an accessible province for persons with disabilities, in letters to us?
  1. Under your leadership, will the Liberal Party fully maintain the implementation of the AODA 2005 and not weaken or reduce any provisions or protections in that legislation or regulations enacted under them, or any Government policies, practices, strategies or initiatives that exist to implement them or achieve their objectives?
  1. Will you keep the past commitments that your Party has made to Ontarians with disabilities regarding disability accessibility, including e.g. its previous commitments to effectively enforce the AODA? We set out links to those commitments below.
  1. Under the AODA, three Government-appointed mandatory Independent Reviews have examined the Government’s implementation of the AODA. These were conducted in 2009-2010 by Charles Beer, in 2013-2014 by Prof. Mayo Moran and in 2018-2019 by former Lieutenant Governor David Onley. All three reports called on the Government to revitalize and breathe new life into the implementation of the AODA, and for the Government to show strong new leadership on this issue. The Moran report and the Onley Report specifically recommended that Ontario’s Premier should show strong new leadership on disability accessibility. (See a quotation later in this letter)

If you become Ontario’s Premier, will you show new, strong leadership on accessibility and breathe new life into and revitalize the Government’s implementation of the AODA?

  1. Each premier sends Mandate Letters to each of his or her cabinet ministers, setting out their priorities. In your Mandate Letters, will you direct your cabinet ministers, the Secretary of Cabinet and other senior public officials to implement your Government’s duties and commitments on disability accessibility?
  1. If you become Premier, will you ensure that Ontario is on schedule for full accessibility for persons with disabilities by 2025, the deadline that the AODA requires? Should your party form the Government at a time when it is too late to achieve that deadline, will you commit to get Ontario as close to being accessible as reasonably possible by 2025? In that event, will you also commit to work with us and to take any needed action, including passing new legislation, to set a new achievable deadline and to institute measures that will ensure that it is achieved (and that will not weaken or reduce any provisions or policies then in place)?
  1. The Moran and Onley reports expressed concerns that public money has been used to create new accessibility barriers against people with disabilities. Will you commit that under your leadership, public money will not be used to create or perpetuate barriers against people with disabilities?
  1. Ontario voters and candidates with disabilities still face too many barriers in provincial and municipal elections. Under your leadership as premier, will the Government bring forward new measures, including new legislation, to ensure that provincial and municipal elections in Ontario are fully accessible to voters and candidates with disabilities?

Who Are We?

As a volunteer grassroots non-partisan community coalition, the AODA Alliance does not seek to get any party or candidate elected. We do not endorse or oppose any candidate for leadership of any party.

Founded in 2005, we united to achieve a fully accessible Ontario for over 1.7 million Ontarians with disabilities, through the prompt and effective implementation of the AODA. Our supporters include persons with disabilities, people who have not yet gotten a disability, and community organizations concerned with the rights of persons with disabilities in Ontario.

Our predecessor coalition was the Ontarians with Disabilities Act Committee (ODA Committee). From 1994 to 2005, the ODA Committee spearheaded a province-wide accessibility campaign. It led to the enactment of the Ontarians with Disabilities Act 2001 (passed by the Mike Harris Government), and later, the AODA (passed by the Dalton McGuinty Government).

Our leadership on the issue of accessibility for people with disabilities, as well as that of our predecessor coalition, has been repeatedly recognized by all parties in the Ontario Legislature, as well as by the media. We have been recognized as a leading non-partisan grassroots voice in Ontario, that advocates to make Ontario a fully disability-accessible province.

We have also given our input on these issues to the Federal Government, and to those addressing these issues in Manitoba, Nova Scotia and British Columbia. Our input has also been sought from others outside Canada, including in Israel, New Zealand and the European Union.

The Ontario Liberal Party’s Past Commitments on Accessibility For Ontarians With Disabilities

Starting in 1995, the Ontario Liberal Party has made written election commitments on accessibility legislation for persons with disabilities, in each of the past seven Ontario general elections. These commitments were set out in letters from the leader of the Ontario Liberal Party to the ODA Committee in the 1995, 1999, and 2003 elections. After the ODA Committee wound up in 2005 with the passage of the AODA that year, the Ontario Liberal leader made these commitments in letters to its successor coalition, the AODA Alliance, in the 2007, 2011, 2014 and 2018 Ontario general elections.

On October 29, 1998, the Ontario Legislature unanimously passed a landmark and historic resolution setting out eleven important principles that a strong and effective Disabilities Act should fulfil. That resolution was introduced into the Legislature by Liberal MPP Dwight Duncan, at the request of our predecessor coalition, the ODA Committee. Right after that resolution was passed, Liberal leader Dalton McGuinty took part in a joint Queen’s Park news conference with ODA Committee Chair David Lepofsky. At that news conference, Mr. McGuinty, then Ontario’s Opposition leader, committed that a Liberal Government would implement a Disabilities Act that fulfilled that resolution.

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 1999 Ontario election, visit http://www.odacommittee.net/letters/march26-99.html

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 2003 Ontario election, visit http://www.odacommittee.net/news80.html#letter

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 2007 Ontario election, visit https://www.aodaalliance.org/whats-new/newsub2011/liberal-party-writes-aoda-alliance-with-election-commitments-regarding-disability-accessibility/

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 2011 Ontario election, visit https://www.aodaalliance.org/whats-new/new2011/read-the-ontario-liberal-partys-august-19-2011-letter-to-the-aoda-alliance-setting-out-its-2011-election-commitments-on-disability-accessibility/

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 2014 election, visit https://www.aodaalliance.org/whats-new/new2015-whats-new/may-14-2014-letter-from-liberal-party-leader-premier-kathleen-wynne-on-her-partys-2014-disability-accessibility-election-pledges/

To see the Ontario Liberal Party’s election commitments on disability accessibility in the 2018 election, visit https://www.aodaalliance.org/whats-new/read-the-may-14-2018-letter-from-the-liberal-party-to-the-aoda-alliance-setting-out-its-2018-election-commitments-on-accessibility/

In Conclusion

The Ontario Liberal Party’s leadership race concludes on March 7, 2020. We would very much appreciate a response to these questions by February 15, 2020. Please send your response by email to [email protected] and please attach it as an accessible MS Word file. Do not send it as a PDF as that format presents accessibility problems. We would be delighted to give you and your team any background information on this issue that you request.

We look forward to working with the leaders and members of all Ontario’s political parties now and in the future on the shared goal that all the major parties have endorsed, of achieving a fully accessible Ontario on or before 2025.

Sincerely,

David Lepofsky, CM, O. Ont,

Chair AODA Alliance





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AODA Alliance Asks Federal Party Leaders For a New Bill to Strengthen the Accessible Canada Act – AODA Alliance


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

AODA Alliance Asks Federal Party Leaders For a New Bill to Strengthen the Accessible Canada Act

November 18, 2019

          SUMMARY

We today kick off the next phase in our campaign for accessibility at the federal level in Canada.

The AODA Alliance today wrote the leaders of the federal parties in Canada’s newly-elected Parliament. We have asked them to pass a proposed new bill that we have outlined to strengthen the Accessible Canada Act that Parliament passed last June. We set out that letter below. It includes our framework for the new short but punchy bill that we are proposing and explains why we need it. In summary, we want this bill to:

  1. a) ensure that enforceable accessibility standards are enacted under the Accessible Canada Act within five years;
  1. b) remove an unfair and discriminatory provision So that passengers with disabilities who are the victims of accessibility barriers in federally-regulated travel (like air travel) are always able to seek monetary compensation when they deserve it;
  1. c) ensure that the Accessible Canada Act never reduces the rights of people with disabilities, and that in any conflict between laws, the one that provides the highest level of accessibility prevails;
  1. d) ensure that federal laws never create or permit accessibility barriers;
  1. e) ensure that federal public money is never used to create or perpetuate barriers against people with disabilities;
  1. f) simplify the Accessible Canada Act‘s unnecessarily confusing and complicated enforcement process;
  1. g) eliminate the Federal Government’s power to exempt itself from some of its duties under the Accessible Canada Act, and
  1. h) require the Federal Government to apply a disability lens when it makes decisions or policies.

As our letter to the party leaders explains, it is good that Parliament unanimously passed the Accessible Canada Act. However, it needs to be strengthened to ensure that it fulfils its goal of making Canada barrier-free for over six million people with disabilities by 2040. While the Act’s commendable goal is a barrier-free Canada, it does not require any disability accessibility barriers to ever be removed or prevented.

The recent federal election has opened the door to a tremendous new opportunity for us to advocate for this proposed new bill. Canada now has a minority government. All parties supported the goal of a barrier-free Canada and recognized the need for strong legislation to achieve this. The opposition Conservatives, NDP and Greens have all supported amendments to strengthen this bill. However, because our last government was a majority government, the opposition parties did not have the ability to make this happen.

The new minority government situation changes all that, and creates a new window of opportunity for us. However, minority governments typically only last for two or, at most, three years. We must move quickly. We are eager to work with any and all parties on this issue, in our well-known tradition of non-partisanship.

As our framework for this bill shows, our proposals for this bill are intentionally short and limited. They are the most high-impact changes with the best chance of getting them through Parliament. They reflect concerns that disability organizations repeatedly pressed for over the past year during public hearings in the House of Commons and the Senate on Bill C-81. Our experience with provincial disability accessibility legislation amply shows that these are top priorities.

Some might think it will be an uphill battle to get Parliament to amend the Accessible Canada Act now, so soon after it was enacted. We are used to uphill battles, including very daunting ones! For example, just one year ago, many thought it would be impossible to get the Senate to strengthen Bill C-81, especially so close to an election, and then to get the House of Commons to ratify any Senate amendments. Yet we and many others from the disability community tenaciously persisted. As a result, the Senate passed some amendments to strengthen Bill C-81 last spring. After that, the House of Commons approved all the Senate’s amendments.

We have nothing to lose in presenting this new proposal, and a lot to gain! Please urge your Member of Parliament to support this proposal for a new bill. Help us get all parties to make this a priority in the forthcoming session of Canada’s new Parliament.

Stay tuned for more on this issue. For more background on the non-partisan campaign for a strong and effective Accessible Canada Act, visit www.aodaalliance.org/Canada

We welcome your feedback. Email us at [email protected]

          MORE DETAILS — AODA Alliance Letter to Federal Party Leaders on a New ACA Bill

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

1929 Bayview Avenue,

Toronto, Ontario M4G 3E8

Email [email protected] Twitter: @aodaalliance www.aodaalliance.org

United for a Barrier-Free Society for All People with Disabilities

November 18, 2019

To:

The Right Honourable Justin Trudeau

Via email: [email protected]

Office of the Prime Minister of Canada

80 Wellington Street

Ottawa, ON K1A 0A2

Twitter: @JustinTrudeau

The Hon. Andrew Scheer, Leader of the Loyal Opposition and of the Conservative Party

Via email: [email protected]

Leader of the Conservative Party

House of Commons

Ottawa, ON K1A 0A6

Twitter: @AndrewScheer

The Hon. Yves-François Blanchet, Leader of the Bloc Québécois

Via email: [email protected]

House of Commons

Ottawa, Ontario K1A 0A6

3750 boul. Crémazie Est, bureau 402

Montréal Quebec H2A 1B6

Twitter: @yfblanchet

The Hon. Jagmeet Singh, Leader of the NDP

Via email: [email protected]

300 – 279 Laurier West

Ottawa, Ontario K1P 5J9

Twitter: @theJagmeetSingh

The Hon. Jo-Ann Roberts, Interim Leader of the Green Party; MP, Saanich-Gulf Islands

Via email: [email protected]

House of Commons

Ottawa, Ontario K1A 0A6

Twitter: @JoAnnRobertsHFX

Dear Federal Party Leaders,

Re: Strengthening the Accessible Canada Act to Achieve a Barrier-Free Canada for Over Six Million People with Disabilities

As the new Parliament prepares to meet, we ask your parties to ensure that its agenda includes a new short, but vital bill to strengthen the Accessible Canada Act. This is important for over six million people with disabilities who face too many accessibility barriers every day. It is also important for everyone else in Canada, since everyone is bound to get a disability as they grow older.

At the end of this letter we set out a framework detailing what this new bill should include. In summary, this new bill should:

  1. a) ensure that enforceable accessibility standards are enacted under the Accessible Canada Act within five years;
  1. b) remove an unfair and discriminatory provision So that passengers with disabilities who are the victims of accessibility barriers in federally-regulated travel (like air travel) are always able to seek monetary compensation when they deserve it;
  1. c) ensure that the Accessible Canada Act never reduces the rights of people with disabilities, and that in any conflict between laws, the one that provides the highest level of accessibility prevails;
  1. d) ensure that federal laws never create or permit accessibility barriers;
  1. e) ensure that federal public money is never used to create or perpetuate barriers against people with disabilities;
  1. f) simplify the Accessible Canada Act‘s unnecessarily confusing and complicated enforcement process;
  1. g) eliminate the Federal Government’s power to exempt itself from some of its duties under the Accessible Canada Act, and
  1. h) require the Federal Government to apply a disability lens when it makes decisions or policies.

Founded in 2005, the AODA Alliance is a non-partisan community coalition that advocates for accessibility for people with disabilities in Ontario and Canada. We presented to the House of Commons and Senate to ask for amendments to strengthen Bill C-81. During debates in Parliament, MPs and Senators quoted and relied on our submissions.

In June, before rising for the election, Parliament unanimously passed Bill C-81, the Accessible Canada Act. We appreciate and commend its unanimous passage. Many people with disabilities were encouraged by Parliament’s unanimity in recognizing that Canada has too many barriers impeding people with disabilities, and that the needed legislative solution to this problem must be based on the principle of “Nothing about us without us!”

It is good that the Accessible Canada Act sets the goal of Canada becoming barrier-free by 2040, and that it gives the Federal Government a range of important powers to achieve that goal. However, there was also commendable recognition from many in Parliament that the bill needs to include more to achieve its goal. Even though the Accessible Canada Act has the goal of ensuring that Canada becomes barrier-free by 2040, it does not require that a single disability barrier ever be removed.

In the House of Commons Standing Committee hearings, many disability advocates identified ways Bill C-81 needed to be strengthened. During clause-by-clause debate in the House last fall, the Conservatives and NDP presented a substantial number of proposed amendments at the request of disability organizations. The Federal Government presented a shorter package of amendments. The Federal Government’s amendments were passed.

After that, the bill came to the Senate last spring. A Senate Standing Committee held a second round of public hearings. The Senate heard that there was ample support for the need for this legislation, but that the bill still needed strengthening.

Commendably, the Senate passed a short package of improvements to the bill, before returning it to the House of Commons. Senators saw that the bill needed improvements. They were reluctant to pass more than a bare number of amendments, because they did not want to risk the bill dying on the order paper when the imminent election was called.

The Senate did what little it could to strengthen the bill within these substantial constraints. However, it did not fix all the key deficiencies with Bill C-81. When the bill was returned to the House of Commons last spring, it was commendable that the House unanimously passed the Senate’s improvements.

The job of coming up with an Accessible Canada Act that meets the needs of over six million people with disabilities in Canada is therefore still unfinished. We urge Parliament to now finish this important work, by strengthening the Accessible Canada Act. We propose amendments. Set out below, these amendments echo key requests from the disability community to the House of Commons and later to the Senate before the election. For Parliament to now act on them is true to the parties’ commitment to the principle “Nothing about us without us.”

To past a modest bill now to strengthen the Accessible Canada Act is consistent with the calls last year by the Conservative, NDP and Green Parties for Bill C-81 to be strengthened. During Third Reading debates on Bill C-81 in the House of Commons, the Conservatives promised, if elected, to make the strengthening of this bill a priority. The NDP promised specific amendments to this bill during the 2019 federal election. The Liberals promised that this new law would be historic and would ensure that Canada becomes accessible to people with disabilities. The Liberals also promised during the recent election to apply a disability lens to all government decisions. When a disability lens is applied to the Accessible Canada Act itself, it brings into sharp focus the fact that the amendments we seek are needed now.

These amendments would not delay the Federal Government’s current activity on implementing the Accessible Canada Act. Parliamentary debate over this short amendments package need not hold up other pressing Parliamentary business.

We anticipate that some within the Federal Public Service may push back that this should all await an Independent Review of the Accessible Canada Act’s operations. Yet people with disabilities cannot wait the seven or more years for that review to begin. The need for these amendments is clear and present now. Any delay in making them will only slow Canada’s progress towards the goal of full accessibility.

In the new minority Parliament that voters elected, your parties have committed to work together. Our proposed bill is an excellent opportunity for this. It reflects what your parties have said about accessibility for people with disabilities and to what many disability advocates told Parliament.

We would welcome the opportunity to speak to any of your parties’ officials about this. Please let us know with whom we should speak within your party.

We urge you to support the bill we seek, and to make this a priority on Parliament’s agenda. We are eager to work together with you on this positive proposal in the spirit of non-partisanship that is the hallmark of our many years of grassroots disability advocacy.

Sincerely,

David Lepofsky CM, O. Ont

Chair Accessibility for Ontarians with Disabilities Act Alliance

Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

Framework of a Proposed Federal Bill to Strengthen the Accessible Canada Act

November 18, 2019

Introduction

We call on Canada’s Parliament to pass a new bill to strengthen the Accessible Canada Act. The Accessible Canada Act is federal legislation that has the purpose of ensuring that Canada becomes barrier-free for over six million people with disabilities by 2040. This framework explains the amendments to the Accessible Canada Act that we seek via a new bill.

A. Enforceable Accessibility Standard Regulations Should Be Enacted Within Five Years

The Accessible Canada Act’s centerpiece is the enactment and enforcement of accessibility standard regulations. These regulations will specify what an organization must do, and by when to become accessible. The Act lets the Federal Cabinet, the Canadian Radio, Television and Telecommunication Commission (CRTC) and the Canadian Transportation Agency (CTA) enact these regulations. However, it does not require them ever to be enacted. If they are not enacted, the Act will fail.

Our proposed bill would amend the Accessible Canada Act to require the Federal Government, the CTA and the CRTC to enact regulations to set accessibility standards in all the areas that the Act covers within five years. We therefore propose:

  1. The Accessible Canada Act should be amended to add this subsection to section 117:

“Obligation

(1.2) The Governor in Council must make all the regulations under paragraphs 1(c) and (d) necessary to achieving the purposes of this Act, and, without limiting the generality of the foregoing, must make at least one regulation under paragraphs (1c) and (d) in each of the areas referred to in section 5 within the period of five years that begins on the day on which this subsection comes into force.”

B. The Accessible Canada Act Should Never Reduce the Rights of People with Disabilities

The Accessible Canada Act includes insufficient protections to ensure that nothing under the Act reduces the rights of people with disabilities and that if there is a conflict between two laws regarding accessibility, the stronger one will prevail.

Our proposed bill would amend the Accessible Canada Act to provide that if a provision of that Act or of a regulation enacted under it conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility shall prevail, and that nothing in the Accessible Canada Act or in any regulations enacted under it or actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law. We therefore propose:

  1. Section 6 of the Accessible Canada Act should be amended to add the following to the principles set out in it that govern the Act:

“(2) (a) If a provision of this Act or of any regulation under this Act conflicts with or guarantees a different level of accessibility for people with disabilities than a provision of any other Act or regulation, the provision that provides the highest level of accessibility for persons with disabilities with respect to goods, services, facilities, employment, accommodation, buildings, structures or premises shall prevail.

(b) Nothing in or under this Act or regulations enacted under it may be construed or applied to reduce the rights of people with disabilities enjoyed at law.”

C. An Unfair and Discriminatory Provision of the Accessible Canada Act Should Be Removed So that Passengers with Disabilities Who Are the Victims of Accessibility Barriers in Federally-Regulated Travel (Like Air Travel) are Always Able to Seek Monetary Compensation When They Deserve It

An unfair and discriminatory provision, section 172, was included in the Accessible Canada Act. It is helpful that the Senate somewhat softened it, after tenacious pressure from disability advocates. However, it should be repealed altogether.

Specifically, section 172(3) of the Accessible Canada Act unfairly takes away important rights from people with disabilities in a discriminatory way. It bars the CTA from awarding justly-deserved monetary compensation to a passenger with a disability, even if the CTA finds that an airline or other federally-regulated transportation-provider imposed an undue barrier against them, so long as a federal transportation accessibility regulation says that the airline did not have to provide the passenger with that accommodation.

This unfairly protects huge, well-funded airlines and railways from having to pay monetary compensation in situations where they should have to pay up. Our proposed bill would repeal the offending portion of section 172(3). We therefore propose:

  1. To ensure that the Canadian Transportation Agency can decide whether there is an undue barrier that makes federal transportation inaccessible for persons with disabilities and can always order the full range of remedies to remove and prevent such barriers, and to ensure that s. 172(3) of the Canada Transportation Act does not reduce rights of persons with disabilities, subsection 172(3) of the Accessible Canada Act and the corresponding s. 172(3) of the Canada Transportation Act should be amended to remove the words “but if it does so, it may only require the taking of appropriate corrective measures.”

Section 172(3) of the Canada Transportation Act currently reads:

“Compliance with regulations

(3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.”

With this amendment, section 172(3) would read:

“Compliance with regulations

(3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter.”

D. No Federal Laws Should Create or Permit Disability Barriers

The Accessible Canada Act does not ensure that federal laws never impose or permit the creation of barriers against people with disabilities.

Our proposed bill would amend the Accessible Canada Act’s definition of “barrier” to include laws that create or permit disability barriers. We therefore propose:

  1. Section 2 of the Accessible Canada Act’s definition of “barrier” should be amended to add the words “a law”, so that it will read in material part:

“barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a law, a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle)”

E. Federal Public Money Should Never Be Used to Create or Perpetuate Barriers

The Accessible Canada Act does not require the Federal Government to ensure that federal money is never used by any recipient of those funds to create or perpetuate disability barriers. For example, the Act doesn’t require the Federal Government to attach accessibility strings when it gives money to a municipality, college, university, local transit authority or other organization to build new infrastructure. Those recipients are left free to use federal public money to design and build new infrastructure that is not fully accessible to people with disabilities. Also, the Act doesn’t require the Federal Government to attach any federal accessibility strings when it gives business development loans or grants to private businesses.

It is helpful that the Act lets the Federal Government impose accessibility requirements when it buys goods or services. However, it doesn’t require the Federal Government to ever do so.

This allows for a wasteful and harmful use of public money. The Senate’s Standing Committee on Social Affairs that held hearings on Bill C-81 made this important observation in its May 7, 2019 report to the Senate:

“Your committee heard concerns that despite this legislation, federal funding may continue to be spent on projects that do not always meet accessibility standards. Therefore, we encourage the federal government to ensure that when public money is spent or transferred, the funding should never be used to create or perpetuate disability-related barriers when it is reasonable to expect that such barriers can be avoided.”

Our proposed bill would amend the Accessible Canada Act to require that no one may use public money distributed by the Government of Canada in a manner that creates or perpetuates barriers, including e.g., payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity. We therefore propose:

  1. The Accessible Canada Act should be amended to add the following provision:

11.1.

(1) No one shall use public money distributed by the Government of Canada or any agency thereof by loan, grant, or other like payment in a manner that creates or perpetuates barriers.

(2) Without limiting the generality of the foregoing, subsection 1 includes payments by the Government of Canada to any person or entity to purchase or rent any goods, services or facilities, or to contribute to the construction, expansion or renovation of any infrastructure or other capital project, or to provide a business development loan or grant to any person or entity.

(3) Within the period of two years that begins on the day on which this subsection comes into force, the minister must establish and make public policies and procedures to implement, monitor compliance with, and report to the public on compliance with subsections 1 and 2.

(4) The power to make regulations under clauses 117 (1) (c) and (d) includes the power to make regulations to implement this section.

F. The Confusing and Complicated Implementation and Enforcement of the Accessible Canada Act Should be Simplified

The lengthy Accessible Canada Act is very complicated and confusing. It will be hard for people with disabilities to navigate it. It splinters the power to make accessibility standard regulations and the power to enforce the bill among a number of federal agencies, such as the new federal Accessibility Commissioner, the CTA, and the CRTC.

This makes it much harder for people with disabilities to navigate the system, to find out what rights they have, and to get violations fixed. People with disabilities have to learn to navigate as many as three or four different sets of accessibility rules, enforcement agencies, procedures, forms and time lines for presenting an accessibility complaint.

Our proposed bill would require that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board, within six months, establish policies, practices and procedures for expeditiously receiving, investigating, considering and deciding upon complaints under this Act which are the same as or as reasonably close as possible to those that the Accessible Canada Act sets out for the Accessibility Commissioner. We therefore propose:

  1. The following provision should be added to the Accessible Canada Act:

“Section 123.1.

(1) The Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, and the Federal Public Sector Labour Relations and Employment Board must within the period of six months that begins on the day on which this subsection comes into force, establish policies, practices and procedures for expeditiously receiving, investigating, considering and deciding upon complaints under this Act which are the same as or as reasonably close as possible to, those set out for the Accessibility Commissioner in sections 94 to 110 of the Act.”

G. The Accessible Canada Act’s Power to Exempt the Federal Government from Some of the Act’s Requirements Should be Eliminated

The Accessible Canada Act has too many loopholes. For example, it lets the Federal Government exempt itself from some of its duties under the Act. The Government should not ever be able to exempt itself.

Our proposed bill would eliminate the Federal Government’s power to exempt itself from some of its duties under the Accessible Canada Act. We therefore propose:

  1. Section 72(1) of the Accessible Canada Act should be amended to add the words “except any entity referred to in paragraphs 7(1) (a), (b) and (c) (the Government of Canada, or a department or agency of the Government of Canada)”, so that the provision will read in material part:

“72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities except the any entity referred to in paragraphs 7(1) (a), (b) and (c) (the Government of Canada, or a department or agency of the Government of Canada) from the application of all or any part of sections 69 to 71, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the per­iod of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

H. The Federal Government Should Be Required to Apply a Disability Lens to All Its Decisions

 

In the 2019 election campaign, the Liberal Party of Canada promised that it would apply a disability lens to all Federal Government decisions. Proposed opposition amendments to Bill C-81 last year would have made this a permanent legal requirement, not a voluntary practice that future governments could ignore.

Our proposed bill would amend the Accessible Canada Act to entrench in law a disability lens, that must be applied to all Government policies and decisions and would make it binding on both the current Government and future governments. We therefore propose:

 

  1. The following provision should be added to the Accessible Canada Act:

In order to systemically entrench the full inclusion of people with disabilities in all opportunities available in Canada, the government shall implement a disability lens whereby:

(a) Within two years the government shall have reviewed all existing policies to ensure that they do not exclude or adversely affect persons with disabilities.

(b) within 3 months of completing this review, the Minister shall submit a report to Parliament on the findings of the review and corrective measures taken.

(c) the government shall review all new policies and decisions to ensure that they do not exclude or adversely affect persons with disabilities.

(d) Before the Government of Canada adopts any new policies or makes any new decisions, the Minister shall certify that the policy has been reviewed to ensure that it does not exclude or adversely affect persons with disabilities, and shall annually report to Parliament on the reviews conducted and corrective measures taken



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