Is the Ford Government Obeying the Accessibility for Ontarians with Disabilities Act?


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

November 25, 2019
SUMMARY

Here is a sampling of news from the grassroots of Ontarios non-partisan campaign for accessibility for people with disabilities.

1. Two Illustrations of How the Ford Government Has Not Obeyed the Accessibility for Ontarians with Disabilities Act

For years, the Ontario Government has proclaimed that it is leading Ontario by its example when it comes to achieving accessibility for people with disabilities. Yet is the Government itself fully obeying Ontarios key accessibility law, the AODA? We here highlight two ways in which the Ontario Government is not now in compliance with the AODA:

First, as far as it has announced, the Government has not fulfilled its mandatory and important duty under s. 9 of the AODA to appoint a Standards Development Committee to review the Design of Public Spaces Accessibility Standard that was enacted in December 2012. We have not even seen a public posting inviting people to apply to serve on that Standards Development Committee.

In our July 17, 2018 letter to Ontarios Accessibility Minister Raymond Cho, we alerted the minister to this obligation. Fully 16 months later, we have seen no action on this. In that letter, we identified this as a priority for the minister:

4. Get a Standards Development Committee appointed to develop recommendations on accessibility standards needed to address barriers in the built environment, in residential housing, and in existing buildings whether or not they are undergoing major renovations.

One effective way to do this would be to fulfil the Government’s overdue obligation under the AODA, which the previous Government failed to fulfil, to appoint a new Standards Development Committee to make recommendations on any revisions needed to the 2012 provisions of the Integrated Accessibility Standards Regulation which address disability barriers in public spaces.

That review had to be started within five years, i.e. by December 2017. Both the previous Wynne Government and the current Doug Ford Government have each failed to do so. Section 9 of the AODA provides:

(9) Within five years after an accessibility standard is adopted by regulation or at such earlier time as the Minister may specify, the standards development committee responsible for the industry, sector of the economy or class of persons or organizations to which the standard applies shall,
(a) re-examine the long-term accessibility objectives determined under subsection (2);
(b) if required, revise the measures, policies, practices and requirements to be implemented on or before January 1, 2025 and the time-frame for their implementation;
(c) develop another proposed accessibility standard containing such additions or modifications to the existing accessibility standard as the standards development committee deems advisable and submit it to the Minister for the purposes of making the proposed standard public and receiving comments in accordance with section 10; and
(d) make such changes it considers advisable to the proposed accessibility standard developed under clause (c) based on the comments received under section 10 and provide the Minister with the subsequent proposed accessibility standard.

Second, the Ford Government is not obeying the mandatory requirement to have an Accessibility Standards Advisory Council (ASAC) in place. The previous Government had appointed an ASAC. It met over the years since the AODA was enacted in 2005.

However, there has been no meeting of ASAC since the Ford Government took office in June 2018. At present, according to the Governments website, there is only one member left on ASAC and no chair or vice chair of that Council.

Section 31 of the AODA provides:

Accessibility Standards Advisory Council
31. (1) The Minister shall establish a council to be known in English as the Accessibility Standards Advisory Council and in French as Conseil consultatif des normes d’accessibilité. Members
(2) A majority of the members of the Council shall be persons with disabilities. Remuneration and expenses
(3) The Minister may pay the members of the Council the remuneration and the reimbursement for expenses that the Lieutenant Governor in Council determines. Duties
(4) At the direction of the Minister, the Council shall advise the Minister on,
(a) the process for the development of accessibility standards and the progress made by standards development committees in the development of proposed accessibility standards and in achieving the purposes of this Act; (b) accessibility reports prepared under this Act; (c) programs of public information related to this Act; and
(d) all other matters related to the subject-matter of this Act that the Minister directs. Public consultation
(5) At the direction of the Minister, the Council shall hold public consultations in relation to the matters referred to in subsection (4). Reports
(6) The Council shall give the Minister such reports as the Minister may request.

Of these two clear contraventions of the AODA, the first is by far the most important. However, the Government should never disobey our accessibility legislation, especially at a time when Ontario keeps slipping further and further behind the AODAs mandatory goal of becoming an accessible province for people with disabilities by 2025.

2. Act Quickly to RSVP to Come to the December 3, 2019 Birthday Party to Celebrate the 25th Anniversary of the Birth of the Grassroots Non-Partisan Campaign for Strong Ontario Accessibility Legislation

Available spaces are quickly filling up to attend the December 3, 2019 birthday party at Queens Park to celebrate the 25th anniversary of the birth in that very building of the non-partisan grassroots campaign for strong accessibility legislation in Ontario for over 2 million people with disabilities. For information about this event, and how to RSVP, and for a summary of the historic events on November 29, 1994, visit https://www.aodaalliance.org/whats-new/come-to-a-birthday-party-on-december-3-2019-the-international-day-for-people-with-disabilities-at-queens-park-to-celebrate-the-25th-anniversary-of-the-birth-of-the-non-partisan-grassroots-movemen/

Once the maximum of 150 people is reached, anyone who RSVPs will get a spot on the waiting list.

3. The Doug Ford Government Has Still Not Announced a Plan to Implement the Report of David Onleys Independent Review of the AODA

A total of 298 days or almost ten months have now passed since the Doug Ford Government received the blistering final report of the Independent Review of the AODAs implementation and enforcement conducted by former Lieutenant Governor David Onley. The Onley Report found that the Governments implementation and enforcement of the AODA has been far too sluggish and ineffective. The Ford Government has still announced no plan to implement that report, nor has it said that it will do so.

4. A Successful Public Forum on Accessibility Was Held Earlier this Month in the County of Essex

On November 5, 2019, the County of Essex and its Accessibility Advisory Committee held a very successful public forum on disability accessibility. It focused on practical things that can be done to make accessibility a reality for people with disabilities.

Below we set out news coverage of that event. We were delighted that in attendance were the mayor or deputy mayor of several local municipalities, as well as people with disabilities, senior municipal public servants and representatives of disability community organizations. We encourage other local communities to organize similar events. Wed be happy to help and to provide a speaker if possible.

5. Carla Qualtrough is Back as the Minister Responsible for Implementing and Enforcing the New Accessible Canada Act

After the recent federal election, Prime Minister Trudeau has announced his new Cabinet. He has again appointed Carla Qualtrough to serve as the federal minister responsible to lead the implementation and enforcement of the new Accessible Canada Act. Her title has been modified. She is now Canadas Minister of Employment, Workforce Development and Disability Inclusion.

We congratulate Minister Qualtrough on her new appointment. We look forward to working with her on our proposal which we announced on November 18, 2019 , that a short bill be introduced into Parliament to better enable the Accessible Canada Act to achieve its important goals.

MORE DETAILS

The Windsor Star November 6, 2019

Originally posted at https://windsorstar.com/news/local-news/accessibility-advocate-david-lepofsky-urging-people-to-highlight-access-deficiencies

Accessibility advocate David Lepofsky urging people to highlight access deficiencies CHRIS THOMPSON, WINDSOR STAR Updated: November 5, 2019

David Lepofsky, a prominent champion of accessibility and the rights of persons with disabilities, speaks at an event hosted by the Essex County Accessibility Advisory Committee at the Civic Centre, Tuesday, Nov. 5, 2019. DAX MELMER / WINDSOR STAR

Accessibility advocate David Lepofsky came to Essex Tuesday to promote a Twitter campaign aimed at affecting change by identifying barriers to mobility for the disabled.

Lepofsky, chairman of the Accessibility for Ontarians with Disabilities Alliance, spoke to about 60 people at the Essex Civic Centre.

We have made progress, but we are not on schedule for accessibility in 2025, nowhere close, said Lepofsky. Our accessibility and our rights should not be dismissed as red tape.

Lepofsky is encouraging all Ontarians to use social media to expose accessibility barriers with photographs using the hashtags #DialDoug and #AODAFail.

Lepofsky is calling on the Progressive Conservative government of Doug Ford to make the province fully accessible for the 1.9 million Ontarians with disabilities by 2025.

He said the disabled community is the minority of everyone because you either have a disability, know someone with a disability or will get a disability later in life.

The biggest cause of disability is getting older, Lepofsky said.

The Accessibility for Ontarians with Disabilities Act was enacted in 2005 to improve accessibility standards for Ontarians with physical and mental disabilities to all public establishments by 2025.

Compliance deadlines depend on the size of the institution and the sector in which it operates.

[email protected]

Excerpt from Ontario Governments Website Listing the Membership of the Accessibility Standards Advisory Council as of November 24, 2019

Originally posted at: https://www.pas.gov.on.ca/Home/Agency/1 1. Chair (Part-Time)
2. Vice-Chair (Part-Time)
3. Member (Part-Time) OLGA DOSIS, 03-Jan-2018 – 02-Jan-2020, Woodbridge 4. Member (Part-Time)
5. Member (Part-Time)
6. Member (Part-Time)
7. Member (Part-Time)
8. Member (Part-Time)
9. Member (Part-Time)
10. Member (Part-Time)
11. Member (Part-Time)
12. Member (Part-Time)
13. Member (Part-Time)
14. Member (Part-Time)
15. Member (Part-Time)
16. Member (Part-Time)




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Is the Ford Government Obeying the Accessibility for Ontarians with Disabilities Act? – And Other News from the Accessibility Front


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

Is the Ford Government Obeying the Accessibility for Ontarians with Disabilities Act? – And Other News from the Accessibility Front

November 25, 2019

          SUMMARY

Here is a sampling of news from the grassroots of Ontario’s non-partisan campaign for accessibility for people with disabilities.

1. Two Illustrations of How the Ford Government Has Not Obeyed the Accessibility for Ontarians with Disabilities Act

For years, the Ontario Government has proclaimed that it is leading Ontario by its example when it comes to achieving accessibility for people with disabilities. Yet is the Government itself fully obeying Ontario’s key accessibility law, the AODA? We here highlight two ways in which the Ontario Government is not now in compliance with the AODA:

First, as far as it has announced, the Government has not fulfilled its mandatory and important duty under s. 9 of the AODA to appoint a Standards Development Committee to review the Design of Public Spaces Accessibility Standard that was enacted in December 2012. We have not even seen a public posting inviting people to apply to serve on that Standards Development Committee.

In our July 17, 2018 letter to Ontario’s Accessibility Minister Raymond Cho, we alerted the minister to this obligation. Fully 16 months later, we have seen no action on this. In that letter, we identified this as a priority for the minister:

“4. Get a Standards Development Committee appointed to develop recommendations on accessibility standards needed to address barriers in the built environment, in residential housing, and in existing buildings whether or not they are undergoing major renovations.

One effective way to do this would be to fulfil the Government’s overdue obligation under the AODA, which the previous Government failed to fulfil, to appoint a new Standards Development Committee to make recommendations on any revisions needed to the 2012 provisions of the Integrated Accessibility Standards Regulation which address disability barriers in public spaces.”

That review had to be started within five years, i.e. by December 2017. Both the previous Wynne Government and the current Doug Ford Government have each failed to do so. Section 9 of the AODA provides:

“(9)   Within five years after an accessibility standard is adopted by regulation or at such earlier time as the Minister may specify, the standards development committee responsible for the industry, sector of the economy or class of persons or organizations to which the standard applies shall,

(a)    re-examine the long-term accessibility objectives determined under subsection (2);

(b)    if required, revise the measures, policies, practices and requirements to be implemented on or before January 1, 2025 and the time-frame for their implementation;

(c)    develop another proposed accessibility standard containing such additions or modifications to the existing accessibility standard as the standards development committee deems advisable and submit it to the Minister for the purposes of making the proposed standard public and receiving comments in accordance with section 10; and

(d)    make such changes it considers advisable to the proposed accessibility standard developed under clause (c) based on the comments received under section 10 and provide the Minister with the subsequent proposed accessibility standard.”

Second, the Ford Government is not obeying the mandatory requirement to have an Accessibility Standards Advisory Council (ASAC) in place. The previous Government had appointed an ASAC. It met over the years since the AODA was enacted in 2005.

However, there has been no meeting of ASAC since the Ford Government took office in June 2018. At present, according to the Government’s website, there is only one member left on ASAC and no chair or vice chair of that Council.

Section 31 of the AODA provides:

“Accessibility Standards Advisory Council

  1. (1)   The Minister shall establish a council to be known in English as the Accessibility Standards Advisory Council and in French as Conseil consultatif des normes d’accessibilité.

Members

(2)   A majority of the members of the Council shall be persons with disabilities.

Remuneration and expenses

(3)   The Minister may pay the members of the Council the remuneration and the reimbursement for expenses that the Lieutenant Governor in Council determines.

Duties

(4)   At the direction of the Minister, the Council shall advise the Minister on,

(a)    the process for the development of accessibility standards and the progress made by standards development committees in the development of proposed accessibility standards and in achieving the purposes of this Act;

(b)    accessibility reports prepared under this Act;

(c)    programs of public information related to this Act; and

(d)    all other matters related to the subject-matter of this Act that the Minister directs.

Public consultation

(5)   At the direction of the Minister, the Council shall hold public consultations in relation to the matters referred to in subsection (4).

Reports

(6)   The Council shall give the Minister such reports as the Minister may request.”

Of these two clear contraventions of the AODA, the first is by far the most important. However, the Government should never disobey our accessibility legislation, especially at a time when Ontario keeps slipping further and further behind the AODA’s mandatory goal of becoming an accessible province for people with disabilities by 2025.

2. Act Quickly to RSVP to Come to the December 3, 2019 Birthday Party to Celebrate the 25th Anniversary of the Birth of the Grassroots Non-Partisan Campaign for Strong Ontario Accessibility Legislation

Available spaces are quickly filling up to attend the December 3, 2019 birthday party at Queen’s Park to celebrate the 25th anniversary of the birth in that very building of the non-partisan grassroots campaign for strong accessibility legislation in Ontario for over 2 million people with disabilities. For information about this event, and how to RSVP, and for a summary of the historic events on November 29, 1994, visit https://www.aodaalliance.org/whats-new/come-to-a-birthday-party-on-december-3-2019-the-international-day-for-people-with-disabilities-at-queens-park-to-celebrate-the-25th-anniversary-of-the-birth-of-the-non-partisan-grassroots-movemen/

Once the maximum of 150 people is reached, anyone who RSVPs will get a spot on the waiting list.

3. The Doug Ford Government Has Still Not Announced a Plan to Implement the Report of David Onley’s Independent Review of the AODA

A total of 298 days or almost ten months have now passed since the Doug Ford Government received the blistering final report of the Independent Review of the AODA’s implementation and enforcement conducted by former Lieutenant Governor David Onley. The Onley Report found that the Government’s implementation and enforcement of the AODA has been far too sluggish and ineffective. The Ford Government has still announced no plan to implement that report, nor has it said that it will do so.

4. A Successful Public Forum on Accessibility Was Held Earlier this Month in the County of Essex

On November 5, 2019, the County of Essex and its Accessibility Advisory Committee held a very successful public forum on disability accessibility. It focused on practical things that can be done to make accessibility a reality for people with disabilities.

Below we set out news coverage of that event. We were delighted that in attendance were the mayor or deputy mayor of several local municipalities, as well as people with disabilities, senior municipal public servants and representatives of disability community organizations. We encourage other local communities to organize similar events. We’d be happy to help and to provide a speaker if possible.

5. Carla Qualtrough is Back as the Minister Responsible for Implementing and Enforcing the New Accessible Canada Act

After the recent federal election, Prime Minister Trudeau has announced his new Cabinet. He has again appointed Carla Qualtrough to serve as the federal minister responsible to lead the implementation and enforcement of the new Accessible Canada Act. Her title has been modified. She is now Canada’s Minister of Employment, Workforce Development and Disability Inclusion.

We congratulate Minister Qualtrough on her new appointment. We look forward to working with her on our proposal which we announced on November 18, 2019 , that a short bill be introduced into Parliament to better enable the Accessible Canada Act to achieve its important goals.

          MORE DETAILS

The Windsor Star November 6, 2019

Originally posted at https://windsorstar.com/news/local-news/accessibility-advocate-david-lepofsky-urging-people-to-highlight-access-deficiencies

Accessibility advocate David Lepofsky urging people to highlight access deficiencies

CHRIS THOMPSON, WINDSOR STAR Updated: November 5, 2019

David Lepofsky, a prominent champion of accessibility and the rights of persons with disabilities, speaks at an event hosted by the Essex County Accessibility Advisory Committee at the Civic Centre, Tuesday, Nov. 5, 2019. DAX MELMER / WINDSOR STAR

Accessibility advocate David Lepofsky came to Essex Tuesday to promote a Twitter campaign aimed at affecting change by identifying barriers to mobility for the disabled.

Lepofsky, chairman of the Accessibility for Ontarians with Disabilities Alliance, spoke to about 60 people at the Essex Civic Centre.

“We have made progress, but we are not on schedule for accessibility in 2025, nowhere close,” said Lepofsky. “Our accessibility and our rights should not be dismissed as red tape.”

Lepofsky is encouraging all Ontarians to use social media to expose accessibility barriers with photographs using the hashtags #DialDoug and #AODAFail.

Lepofsky is calling on the Progressive Conservative government of Doug Ford to make the province fully accessible for the 1.9 million Ontarians with disabilities by 2025.

He said the disabled community is “the minority of everyone” because you either have a disability, know someone with a disability or will get a disability later in life.

“The biggest cause of disability is getting older,” Lepofsky said.

The Accessibility for Ontarians with Disabilities Act was enacted in 2005 to improve accessibility standards for Ontarians with physical and mental disabilities to all public establishments by 2025.

Compliance deadlines depend on the size of the institution and the sector in which it operates.

[email protected]

Excerpt from Ontario Government’s Website Listing the Membership of the Accessibility Standards Advisory Council as of November 24, 2019

Originally posted at: https://www.pas.gov.on.ca/Home/Agency/1

  1. Chair (Part-Time)
  2. Vice-Chair (Part-Time)
  3. Member (Part-Time) OLGA DOSIS, 03-Jan-2018 – 02-Jan-2020, Woodbridge
  4. Member (Part-Time)
  5. Member (Part-Time)
  6. Member (Part-Time)
  7. Member (Part-Time)
  8. Member (Part-Time)
  9. Member (Part-Time)
  10. Member (Part-Time)
  11. Member (Part-Time)
  12. Member (Part-Time)
  13. Member (Part-Time)
  14. Member (Part-Time)
  15. Member (Part-Time)
  16. Member (Part-Time)



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


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

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 Canadas 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:

a) ensure that enforceable accessibility standards are enacted under the Accessible Canada Act within five years;

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;

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;

d) ensure that federal laws never create or permit accessibility barriers;

e) ensure that federal public money is never used to create or perpetuate barriers against people with disabilities;

f) simplify the Accessible Canada Acts unnecessarily confusing and complicated enforcement process;

g) eliminate the Federal Governments power to exempt itself from some of its duties under the Accessible Canada Act, and

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 Acts 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 Senates 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 Canadas 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:

a) ensure that enforceable accessibility standards are enacted under the Accessible Canada Act within five years;

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;

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;

d) ensure that federal laws never create or permit accessibility barriers;

e) ensure that federal public money is never used to create or perpetuate barriers against people with disabilities;

f) simplify the Accessible Canada Acts unnecessarily confusing and complicated enforcement process;

g) eliminate the Federal Governments power to exempt itself from some of its duties under the Accessible Canada Act, and

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 Parliaments 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 Governments 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 Senates 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 Governments 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 Acts 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 Canadas 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 Parliaments 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 Canadas 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:

2. 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 ofaccessibility 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:

3. 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 Acts definition of “barrier” to include laws that create or permit disability barriers. We therefore propose:

4. Section 2 of the Accessible Canada Acts 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:

5. 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:

6. 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 Acts Power to Exempt the Federal Government from Some of the Acts 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 Governments power to exempt itself from some of its duties under the Accessible Canada Act. We therefore propose:

7. 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:

8. 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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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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The British Columbia Government Commits to Provincial Accessibility Legislation and Seeks Public Input on A Proposed Framework for a BC Disabilities Act


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

October 1, 2019

SUMMARY

The grassroots movement for enacting comprehensive disability accessibility legislation has spread to British Columbia and is making important progress. The BC Government has committed to bring forward a provincial accessibility law, and is now seeking public input on a proposed Framework for this legislation. Below we set out the input that the AODA Alliance has just submitted to the BC Government based on our experience in Ontario and on the federal scene. The Framework for the BC legislation, which the BC Government has posted for public comment, is permanently available on the AODA Alliance website as well at https://www.aodaalliance.org/wp-content/uploads/2019/09/BC-Framework-for-Accessibility-Legislation.pdf .

Anyone can send input to the BC Government from September 16 to November 29, 2019, by emailing [email protected] or by using the other avenues for input that the BC Framework specifies.

In summary, we commend the BC Government for committing to bring forward a provincial disability accessibility law, for its proposed Framework for this law, and for consulting the public on it. However, the Framework’s proposal, while helpful, is missing key ingredients. As written, and unless strengthened in accordance with our 12 recommendations, it risks running into the same serious problems as have been experienced in Ontario, Manitoba and Nova Scotia. These same problems are predicted for the new Accessible Canada Act.

We congratulate Barrier-Free BC’s tireless grassroots efforts over the past four years that have led to this important development. The AODA Alliance is proud to have played a small part in the launch of the grassroots movement that has brought BC to this point. Four years ago this month, on October 28, 2015, a meeting of grassroots activists was held in Vancouver. It led to the birth of Barrier-Free BC. Barrier-Free BC is BC’s counterpart to the AODA Alliance. At that kick-off meeting, the keynote speaker was AODA Alliance Chair David Lepofsky. We congratulate Barrier-Free BC on their excellent work over the past four years, and continue to be available to offer our advice whenever asked.

Today, the topic of BC disability accessibility legislation is expected to be the focus of CBC’s provincial radio call-in program in BC. AODA Alliance Chair David Lepofsky has been invited to be one of that program’s guests. If the program goes ahead as scheduled, the broadcast can be streamed live at this link https://www.cbc.ca/listen/live-radio/1-4-bc-today It should then be available as a podcast, at least for a few days. Search for the program “BC Today” on your favourite smart phone podcasting app, or via your computer, on the web.

MORE DETAILS

Accessibility for Ontarians with Disabilities Act Alliance
United for a Barrier-Free Society for All People with Disabilities www.aodaalliance.org Email: [email protected] Twitter: @aodaalliance
Submission of the AODA Alliance to the Government of British Columbia on the BC Framework for New Provincial Accessibility Legislation

October 1, 2019

Sent to: [email protected]

Introduction

This is the AODA Alliance’s submission to the BC Government on its proposed Framework for a new BC disability accessibility law. We welcome this opportunity to share our experience in this area. We would be delighted to do whatever we can to assist the BC Government with this endeavour.

The BC Government’s proposed Framework for disability accessibility is available at ##

We heartily commend the BC Government for committing to bringing forward a provincial disability accessibility law, for posting its proposed Framework for this law, and for consulting the public on it. We call for all provincial governments in provinces lacking accessibility legislation to show this kind of commendable leadership.

This submission shows that the BC Framework, while helpful, is missing key ingredients. As written, and unless strengthened in accordance with our recommendations, it risks running into the same serious problems as have been experienced in Ontario, Manitoba and Nova Scotia. These same problems are also predicted for the new Accessible Canada Act.

Below we provide 12 practical suggestions on what to add to the BC Framework to make this legislation effective. What is needed is both clear and readily doable. We want to help BC learn from both the accomplishments and the problems experienced with existing legislation. BC has the chance to lead Canada by coming up with the best accessibility law developed to date. The Appendix at the end of this submission lists all our 12 recommendations in one place.

In addition to the specific recommendations below, we ask the BC Government to read the AODA Alliance’s September 27, 2018 brief to Parliament on Bill C-81, the proposed Accessible Canada Act. It is among the most extensive analyses of that bill at First Reading. Some of our recommendations were eventually incorporated into the Accessible Canada Act. They were also incorporated into amendments which the federal NDP and Conservatives tried to get the Federal Government to agree to as amendments to the bill. However, the analysis is almost entirely applicable to the provincial context that the BC Government will be addressing. You can download the September 27, 2018 AODA Alliance brief to Parliament on Bill C-81 by visiting https://www.aodaalliance.org/whats-new/click-here-to-download-in-ms-word-format-the-aoda-alliances-finalized-september-27-2018-brief-to-the-parliament-of-canada-requesting-amendments-to-bill-c-81-the-proposed-bill-c-81/

Who Are We?

What does the AODA Alliance have to offer BC? The AODA Alliance has extensive experience with the design, implementation and enforcement of accessibility legislation in Canada. Founded in 2005, we are a voluntary, non-partisan, grassroots coalition of individuals and community organizations. Our mission is:

“To contribute to the achievement of a barrier-free Ontario for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the Accessibility for Ontarians with Disabilities Act.”

To learn about us, visit our open filing cabinet at http://www.aodaalliance.org.

Our coalition is the successor to the non-partisan grassroots Ontarians with Disabilities Act Committee. The ODA Committee advocated for more than ten years, from 1994 to 2005, for the enactment of strong, effective disability accessibility legislation. Our coalition builds on the ODA Committee’s work. We draw our membership from the ODA Committee’s broad, grassroots base. To learn about the ODA Committee’s history, visit: http://www.odacommittee.net.

Beyond our work at the provincial level in Ontario, over the past four years, the AODA Alliance has been active, advocating for strong and effective national accessibility legislation for Canada. We have been formally and informally consulted by the Federal Government and some federal opposition parties on this issue. In 2016, AODA Alliance chair David Lepofsky made public a Discussion Paper on what federal accessibility legislation should include. That widely-read Discussion Paper is now published in the National Journal of Constitutional Law at (2018) NJCL 169-207. Its contents can provide a great deal of guidance to BC, even though it was written to address the federal legislative sphere. You can download our Discussion Paper on what the promised national accessibility law should include by visiting https://www.aodaalliance.org/whats-new/click-here-to-download-the-discussion-paper-on-what-canadas-promised-accessibility-legislation-should-include-as-published-last-year-in-the-national-journal-of-constitutional-law/

We presented on Bill C-81, the proposed Accessible Canada Act, to both the House of Commons and the Senate. Our recommendations played a role in improvements to the Accessible Canada Act. Both the Government of Canada and opposition parties referred to the AODA Alliance and its proposals during parliamentary debates over that legislation.

The AODA Alliance has also spoken to or been consulted by disability organizations, individuals, and governments from various parts of Canada on the topic of designing and implementing provincial accessibility legislation. For example, we have been consulted by the Government of Manitoba and by Barrier-Free Manitoba (a leading grassroots accessibility advocacy coalition in Manitoba) in the design and implementation of the Accessibility for Manitobans Act 2013. We twice made deputations to a Committee of the Manitoba Legislature on the design of that legislation. We have been consulted by the previous BC Government on whether to create a BC Disabilities Act, and by Barrier-Free BC in its grassroots advocacy for that legislation. AODA Alliance Chair David Lepofsky was the keynote speaker at the October 28, 2015 meeting in Vancouver where Barrier-Free BC was established.

We have also been consulted outside Canada on this topic, most particularly, in Israel and New Zealand. In addition, in June 2016, we presented on this topic at the UN annual international conference of state parties to the Convention on the Rights of Persons with Disabilities.

Our Recommendations

Purpose of the BC Legislation

The BC Framework proposes that the BC accessibility law should have these purposes, and asks what the public thinks of them:

“1. To support Canada’s ratification of the UNCRPD by promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and by promoting respect for their inherent dignity.
2. To identify, remove, and prevent barriers encountered by people with disabilities in their daily lives through the development, implementation, and enforcement of accessibility standards.
3. To allow persons with disabilities and other impacted stakeholders in the public and private sectors to work collaboratively towards the timely development of accessibility standards.
4. To ensure there are adequate mechanisms in place to track progress on accessibility.
5. To promote compatibility with the Accessible Canada Act and between federal and provincial accessibility standards.”

The proposed purposes of the BC accessibility law set out in the BC Framework, while helpful, are far too weak. It is very important to substantially strengthen the proposed purposes for the BC disabilities legislation. We have learned that the goal must be the achievement of an accessible or barrier-free society, or both, pure and simple. Nothing short of that will do.

We have also learned that an end date must be set in the legislation. Ontario’s AODA has both the goal of accessibility, and nothing less, and an end date. These are real strengths in that legislation. The Accessible Canada Act has both the goal of a barrier-free Canada and an end date. We and others fought long and hard to get this goal enshrined in the Accessible Canada Act. The Senate added the end date of 2040 to Bill C-81 last May. At the last minute, when Bill C-81 came back to the House of Commons this past June, on the eve of its rising for the federal election, the Federal Government finally withdrew its objection to enshrining an end date for accessibility in the bill.

We therefore recommend that:

#1. The BC accessibility law should have the purpose of achieving a barrier-free and accessible BC by an end date to be set in the legislation, using the definitions of “disability” and “barrier” proposed in the AODA Alliance’s Discussion Paper on national accessibility legislation.

Do Not Let the Accessible Canada Act Serve as a Constraint or Limit on BC Accessibility Legislation

The BC Framework includes the following, among other things, in its discussion of the proposed purposes of the BC accessibility law:

” To promote compatibility with the Accessible Canada Act and between federal and provincial accessibility standards.”

At first, that may seem sensible. However, it risks having BC measures on accessibility sink to the lowest common denominator. BC should never feel constrained to follow or imitate anything done at the federal level if it is too weak. BC should not commit in advance to be compatible with a federal accessibility measure that is insufficient.

For example, the Canadian Transportation Agency has recently adopted new federal transportation regulations on accessibility. They are helpful in part, but have serious problems. BC should not tie its hands in such circumstances.

We therefore recommend that:

#2. BC legislation should not commit to ensure that it or measures under it will be compatible with the Accessible Canada Act if this will lead to insufficient protections for people with disabilities.

Nothing Should Ever Reduce the Rights of People with Disabilities

It is important that nothing be done under the new BC accessibility law that reduces the rights or opportunities of people with disabilities.

We therefore recommend that:

#3. Nothing in the BC disability accessibility law, or in its regulations or in any actions taken under it should be able to reduce in any way any rights which people with disabilities enjoy under law.

Several provincial laws address aspects of accessibility for people with disabilities. A new BC accessibility law and regulations enacted under it will hopefully add more accessibility requirements.

There is no assurance that these laws will all set the same level of accessibility. The new BC accessibility law should ensure that the law which provides the greatest amount of accessibility should always prevail. Section 38 of the AODA is instructive. It commendably provides:

” 38. If a provision of this Act, of an accessibility standard or of any other regulation conflicts with 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.”

We therefore recommend that:

#4. If a provision of the BC accessibility law or of a regulation enacted under it conflicts with or sets a different accessibility standard 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 should prevail.

Setting Mandatory Timelines for Enacting Accessibility Regulations

A central and fundamentally important part of the BC accessibility legislation would be the Government enacting new accessibility regulations. These would specify in detail what obligated organizations must do to become accessible to people with disabilities. The BC Framework states:
“Accessibility standards would provide guidance about best practices for accessibility including desired accessibility outcomes.”

The BC Framework suggests at one point that it would be permissible for the Government to enact accessibility regulations that are enforceable. However, it does not there make it clear that the Government would have a duty to do so. The Framework states:

“Government envisions accessibility legislation that allows for the creation of both voluntary accessibility standards as well as mandatory accessibility regulations. Accessibility legislation would allow the Government of British Columbia to adopt standards as binding regulations in part or in whole.”

Yet elsewhere the BC Framework states:

“To ensure progress, accessibility legislation could require timelines to achieve the timely development, implementation and revision of accessibility standards.”

It is essential that the law impose a clear and strong duty on the Government to create these standards, and for it to set enforceable timelines for creating these standards. Otherwise, they may never be created, or they may take excessive amounts of time to be created.

We know from experience under Ontario’s AODA’s predecessor law, the Ontarians with Disabilities Act 2001, that it is insufficient to merely give a Government the power to enact accessibility standards or regulations, without requiring that Government to ever do so. The Ontarians with Disabilities Act 2001 permitted the Ontario Government to enact accessibility standards, but that Government never enacted any under that legislation. That in part is why Ontario later enacted the stronger AODA.

One of the major criticisms of the Accessible Canada Act is that it gives the Federal Government a number of helpful powers, such as the power to enact accessibility regulations, but for the most part does not require that these powers be used. it also does not for the most part set timelines for their deployment. That is why we and so many others said that the Accessible Canada Act is strong on good intentions but weak on implementation.

We therefore recommend that:

#5. The BC accessibility law should require the Government to create all the accessibility standards as enforceable regulations that are needed to achieve the law’s goal, and should set timelines for enacting these regulations.

Areas for Accessibility Standards to Cover

The BC Framework states:

“Accessibility standards could cover a variety of areas including: Service Delivery
Employment
Built Environment
Information and Communication
Transportation”

These are all helpful areas. However, we know from extensive Ontario experience that this list is insufficient. It is helpful if the bill lists some of the areas that enforceable accessibility regulations can cover, so long as it is clear that they are not the only areas that these regulations can cover.

Moreover, the list that the law spells out should be expanded. It should include enforceable accessibility regulations to address disability accessibility barriers in education, health care, housing, and ensuring public money is never used to create or perpetuate disability accessibility barriers. This last area is addressed further below.

In Ontario, after years of campaigning, accessibility regulations are now under development in the areas of education and health care. The AODA Alliance led the fight for these to be included. We have been asking for almost a decade for an accessibility regulation to be created to address accessibility in residential housing. British Columbians with disabilities should not have to endure the hardship of having to wage similar multi-year battles just to get these topics on the regulatory agenda.

We therefore recommend that:

#6. The BC accessibility law should include requirements to enact accessibility standards in the areas of education, health care, housing and ensuring that public money is never used to create or perpetuate disability barriers. It should make it clear that its list of accessibility regulations is not exhaustive.

Adopting Other Pre-existing Accessibility Standards

The BC Government is contemplating the possibility of adopting some pre-existing accessibility standards that are in place elsewhere, as part of its efforts under this legislation. The BC Framework states:

“The Government of British Columbia could seek to expedite the development of accessibility standards by adopting or building on existing standards, policies and practices developed elsewhere in Canada or around the world.”

It is desirable to avoid re-inventing the wheel. However, we caution that pre-existing accessibility standards can be seriously deficient. For example, those enacted to date in Ontario are fraught with problems, as earlier Independent Reviews of the AODA have documented on our urging. We can provide ample details on this.

We therefore recommend that:

#7. The BC accessibility law should only allow BC to adopt an accessibility standard created in another jurisdiction “as is” if it is satisfied that that standard is sufficient as is.

Governance, Compliance and Enforcement

We strongly commend to BC our recommendations for governance, compliance and enforcement that are set out in our published Discussion Paper on what a national accessibility law should include, and our September 27, 2018 brief to Parliament on Bill C-81, both referred to above.

The BC Framework considers as a possible feature of its implementation/enforcement regime the following:

“Reduced reporting requirements for individuals and organizations that show accessibility leadership.”

We disagree. It is of course commendable for an obligated organization to show leadership on accessibility. However, that should not lead to any reduction in that organization’s reporting obligations. Just because an organization has done well on accessibility in the past does not mean that it will continue to do so in the future and need only have reduced accountability. Reporting requirements are always needed to help monitor and motivate compliance.

We therefore recommend that:

#8. The BC accessibility law should include the compliance, monitoring and enforcement features recommended in the AODA Alliance Discussion Paper on national accessibility legislation, and in its September 27, 2018 brief to Parliament on Bill C-81.

#9. The BC accessibility law should not provide for reduced reporting requirements for an obligated organization that has shown leadership on accessibility.

How Often Should There Be an Independent Review of the BC Accessibility Law’s Implementation?

It is good that the BC Framework contemplates including in the law a requirement for the Government to periodically appoint an Independent Review of the new accessibility law’s implementation. These have been very important in Ontario.

The BC Framework asks how often these should take place. Ontario’s legislation got it right.

The AODA required the first Independent Review to begin three years after the AODA was passed. It requires each successive Independent Review to be appointed four years after the previous one was completed. Each Independent Review takes one year to conduct, once appointed. Therefore, the interval between the first and second AODA Independent Review, and between the second and third AODA Independent Review, have in each case been in the range of 5 years, not four. Nothing shorter would be appropriate.

The recommendations from each of the three AODA Independent Reviews came at important times. It would have been harmful to Ontarians with disabilities had they been delayed any longer. We only regret that the Ontario Government has not acted promptly on any of those reports’ helpful findings and recommendations.

In contrast, the Federal Government set too long a period in the Accessible Canada Act. The first Independent Review won’t begin under federal legislation til almost twice as long a period as was the case in Ontario. That will work to the substantial disadvantage of people with disabilities across Canada. This is especially troubling since under the Accessible Canada Act, the Federal Government need not create any enforceable accessibility standard regulations in that period.

We therefore recommend that:

#10. The BC accessibility law should require the first Independent Review of that legislation to be appointed within three years after that law goes into effect, and thereafter, every four years after the previous Independent Review delivered its report.

Key Features Needed in the BC Accessibility Law that the BC Framework Does Not Identify

While the BC Framework includes several helpful key ingredients for a new BC accessibility law, there are additional features that are very important, and that were not identified in that Framework. We summarize these here. They are discussed in greater length in our Discussion Paper on national accessibility legislation, and in our September 27, 2018 brief to Parliament on Bill C-81.

We therefore recommend that:

#11. The BC accessibility law should

a) Specify that the BC Government as a whole is responsible for leading Canada to the goal of accessibility, in so far as the BC Government has constitutional authority to do so.

b) Impose specific duties and implementation time lines on the BC Government, and on specified public officials and agencies, regarding their roles to implement and enforce the law.

c) Require the BC Government to review all its statutes and regulations for accessibility barriers.

d) Enforceably require that no public money can be used to create or perpetuate barriers against people with disabilities, e.g. money spent on procurement, infrastructure, grants, loans or transfer payments.

e) Require the BC Government to use all other readily-available levers of power to advance the goal of accessibility.

f) Require that whenever a BC statute or regulation confers a discretionary power on any federal public official, department or agency, that decision-maker shall take into account, in its exercise, its impact on accessibility for people with disabilities.

g) Require the BC Government to ensure that provincial and municipal elections become barrier-free for voters and candidates with disabilities.

h) Include effective measures to ensure that the BC Government becomes a model accessible workplace and service-provider.

i) Require the BC Government to develop and implement a plan to ensure that all provincially-operated courts and federally operated regulatory tribunals become accessible.

We especially focus on one of these needed additions. The BC Government can bring about significant progress towards accessibility by making sure that no one uses public money to create, perpetuate or exacerbate disability barriers. Many in society want to receive provincial public money, as venders, infrastructure builders, businesses, colleges, universities, hospitals, and governmental transfer partners. The law should attach clear monitored, enforced mandatory accessibility strings to that money. Anyone accepting those funds should be bound by the strings attached.

Provincial spending that should be subject to this requirement should include, for example:

a) spending on procuring goods, services and facilities, for use by the BC Public Service and the public.

b) BC spending on capital and infrastructure projects, including projects built by the BC Government, municipalities or others.

c) BC spending on business development grants and loans, and on research grants for universities and other organizations.

d) BC transfer payments to transfer agencies for programs, like health care.

e) Any other BC Government contract.

This spending would give the BC Government substantial leverage to promote accessibility. Widely-viewed AODA Alliance online videos have demonstrated that new construction, including construction on infrastructure using public money, have included serious accessibility problems. These videos secured significant media coverage. See:

The AODA Alliance’s May 2018 video showing serious accessibility problems at new and recently renovated Toronto area public transit stations.

The AODA Alliance’s October 2017 video showing serious accessibility problems at the new Ryerson University Student Learning Centre.

The AODA Alliance’s November 2016 video, showing serious accessibility problems at the new Centennial College Culinary arts Centre.

Ontario experience shows that this must be specifically legislated, monitored and enforced. There has been limited success in getting some new Ontario laws enacted and policies adopted. They lack needed visibility, strength and enforcement. They have not had the impact needed. The Ontario Government has thereby missed out on huge opportunities to generate greater accessibility.

The Federal Government has similarly missed out on a huge opportunity here. It declined to include the needed measures to address this in the Accessible Canada Act. The Accessible Canada Act allows the Government to make accessibility standards in the area of procurement, but does not require these to be made.

Canada’s Senate made a formal “observation” on Bill C-81 when it passed other amendments to strengthen the bill. It called for federal action to ensure that federal public money is not used to create disability barriers.

Don’t Make the Same Mistakes in the Accessible Canada Act

We commended the Federal Government for committing to national accessibility legislation, and have identified several helpful features in the Accessible Canada Act. However despite the efforts and recommendations of many from the disability including the AODA Alliance, there are several shortcomings in that law. BC should avoid these. These are extensively identified on the Canada page of the AODA Alliance website and in our September 27, 2018 brief to Parliament.

Apart from deficiencies already discussed above are the following major problems, identified in our March 29, 2019 brief to the Senate on Bill C-81:

* “The bill gives the Federal Government and federal accessibility agencies/officials helpful powers to promote accessibility. However, the bill imposes no duty on them to ever use those powers, with one inconsequential exception.

The bill also sets no deadlines for taking many of the major implementation steps that the Government must take to implement this bill. The Government could drag its feet for years if not indefinitely.

For example, the bill lets the Government enact accessibility standards as enforceable regulations. However, the bill does not require the Government to ever enact any. Without them, the bill is a hollow shell.

The bill gives the Federal Government enforcement powers. However it doesn’t require the bill to be effectively enforced.

During the first five years after this bill goes into effect, the Federal Government’s only mandatory duty under the bill is for Cabinet, the CRTC and Canada Transportation agency to enact one regulation within two years after the bill comes into force. However that regulation could be an inconsequential one on minor procedural matters, without ever requiring that any disability barriers be removed or prevented.”

* “The 105-page bill is far too complicated and confusing. It will be hard for people with disabilities and others to navigate it. This is because the bill 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 Canada Transportation Agency (CTA) and the Canadian Radio, Television and Telecommunications Commission (CRTC).

This makes the bill’s implementation and enforcement less effective, more confusing, more complicated and more costly. It will take longer to get accessibility regulations enacted. It risks weak, contradictory or unnecessarily complex regulations.

This splintering 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 are burdened 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. That weakens the rights and voices of people with disabilities.

This splintering only helps existing federal bureaucracies that want more power, and any large obligated organizations that want to dodge taking action on accessibility. Those organizations will relish exploiting the bill’s confusing complexity to delay and impede its implementation and enforcement.

It is wrong for the bill to give almost exclusive powers over accessibility to federally-regulated transportation organizations (like airlines) to the CTA, and almost exclusive powers over broadcasters and telecommunication companies (like Bell Canada and Rogers Communications) to the CRTC. The CTA and CRTC have had powers in this area for years. Their record on accessibility is not good.

The CTA and CRTC are too close to the industries they regulate. They lack expertise in disability accessibility. The industries the CTA and CRTC regulate would love to have those agencies stay largely in control of their accessibility obligations, given their inadequate regulatory track records on accessibility.

We ask for the bill to be simplified, to get rid of its harmful splintering of federal accessibility oversight responsibilities. Only the Federal Cabinet should make accessibility regulations. Only the new federal Accessibility Commissioner should enforce the bill. This ensures clearer, smoother, lower-cost, easier-to-access one-stop-shopping for people with disabilities, and easier implementation for the Federal Government and obligated organizations.

Under the bill, transportation organizations, broadcasters and telecommunication companies must make two concurrent accessibility plans, one supervised by the Accessibility Commissioner and the other supervised either by the CTA or CRTC. That also makes compliance and enforcement more costly and confusing. We ask for the bill to be amended so that all obligated organizations will only have to make one accessibility plan, not two, all supervised by the new federal Accessibility Commissioner.

It is no solution to the bill’s “splintering” problem for the Federal Government to say that there will be “no wrong door” for a person to file a complaint. The problem is not just the four different doors that a person with a disability must choose to enter. There are also as many as three or four different procedures they must figure out, even after they enter the right door. That is a formula for confusion, and for tripping up people with disabilities.”

* “The bill has too many loopholes. As one example, the bill gives the Federal Government the power to exempt itself from some of its duties under the bill. The Government should not be able to exempt itself. We request an amendment to close the bill’s loopholes, such as the Federal Government’s power to exempt itself from some of its duties under the bill.”

Concerns with Public Funding of the Rick Hansen Foundation Private Accessibility Certification Program

The BC Framework notes that the BC Government has given the Rick Hansen Foundation 10 million dollars in connection with its private accessibility certification program. When the Ontario Government recently announced its intention to give public money to the Rick Hansen Foundation for this purpose, we raised serious concerns. Our investigation of this process resulted in our making public two reports. These amply document our serious concerns.

Among other things, we are concerned that there is no assurance that those who conduct the RHF’s private accessibility certification assessments are qualified to do so. The RHF 8-day training course is woefully inadequate. As well, the RHF process for assessing a building’s accessibility itself has serious problems. It also lacks proper safeguards against conflicts of interest on the part of its assessors or the RHF itself.

As a result, there can be no assurance that a building that the RHF certifies as “accessible” is in fact accessible. Moreover, a government should not delegate to an unaccountable private organization any responsibility to decide what standard for accessibility should be used.

Any BC accessibility legislation should not involve any such private accessibility certification process. Any accessibility standards should be publicly set, publicly monitored and publicly enforced.

Feedback from the disability community has echoed and reinforced our concerns in this area. Our concerns have garnered media attention and coverage.

The AODA Alliance’s July 3, 2019 report on the RHF private accessibility certification program is available at https://www.aodaalliance.org/category/whats-new/

The AODA Alliance’s August 15, 2019 supplement report on the RHF private accessibility certification program is available at https://www.aodaalliance.org/whats-new/the-doug-ford-governments-controversial-plan-to-divert-1-3-million-into-the-rick-hansen-foundations-private-accessibility-certification-program-is-plagued-with-even-more-problems-than-earlier-rev/ We therefore recommend that:

#12. The BC accessibility law should ensure that the making and enforcing of accessibility standards are exclusively done by public officials. It should not provide for any public funding of any private accessibility certification programs.

Appendix List of Recommendations

#1. The BC accessibility law should have the purpose of achieving a barrier-free and accessible BC by an end date to be set in the legislation, using the definitions of “disability” and “barrier” proposed in the AODA Alliance’s Discussion Paper on national accessibility legislation.

#2. BC legislation should not commit to ensure that it or measures under it will be compatible with the Accessible Canada Act if this will lead to insufficient protections for people with disabilities.

#3. Nothing in the BC disability accessibility law , or in its regulations or in any actions taken under it should be able to reduce in any way any rights which people with disabilities enjoy under law.

#4. If a provision of the BC accessibility law or of a regulation enacted under it conflicts with or sets a different accessibility standard 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 should prevail.

#5. The BC accessibility law should require the Government to create all the accessibility standards as enforceable regulations that are needed to achieve the law’s goal, and should set timelines for enacting these regulations.

#6. The BC accessibility law should include requirements to enact accessibility standards in the areas of education, health care, housing and ensuring that public money is never used to create or perpetuate disability barriers. It should make it clear that its list of accessibility regulations is not exhaustive.

#7. The BC accessibility law should only allow BC to adopt an accessibility standard created in another jurisdiction “as is” if it is satisfied that that standard is sufficient as is.

#8. The BC accessibility law should include the compliance, monitoring and enforcement features recommended in the AODA Alliance Discussion Paper on national accessibility legislation, and in its September 27, 2018 brief to Parliament on Bill C-81.

#9. The BC accessibility law should not provide for reduced reporting requirements for an obligated organization that has shown leadership on accessibility.

#10. The BC accessibility law should require the first Independent Review of that legislation to be appointed within three years after that law goes into effect, and thereafter, every four years after the previous Independent Review delivered its report.

#11. The BC accessibility law should

a) specify that the BC Government as a whole is responsible for leading Canada to the goal of accessibility, in so far as the BC Government has constitutional authority to do so.

b) impose specific duties and implementation timelines on the BC Government, and on specified public officials and agencies, regarding their roles to implement and enforce the law.

c) require the BC Government to review all its statutes and regulations for accessibility barriers.

d) enforceably require that no public money can be used to create or perpetuate barriers against people with disabilities, e.g. money spent on procurement, infrastructure, grants, loans or transfer payments.

e) require the BC Government to use all other readily-available levers of power to advance the goal of accessibility.

f) require that whenever a BC statute or regulation confers a discretionary power on any federal public official, department or agency, that decision-maker shall take into account, in its exercise, its impact on accessibility for people with disabilities.

g) require the BC Government to ensure that provincial and municipal elections become barrier-free for voters and candidates with disabilities.

h) include effective measures to ensure that the BC Government becomes a model accessible workplace and service-provider.

i) require the BC Government to develop and implement a plan to ensure that all provincially-operated courts and federally operated regulatory tribunals become accessible.

#12. The BC accessibility law should ensure that the making and enforcing of accessibility standards are exclusively done by public officials. It should not provide for any public funding of any private accessibility certification programs.




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The British Columbia Government Commits to Provincial Accessibility Legislation and Seeks Public Input on A Proposed Framework for a BC Disabilities Act – Read the AODA Alliance’s Submission to the BC Government


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

The British Columbia Government Commits to Provincial Accessibility Legislation and Seeks Public Input on A Proposed Framework for a BC Disabilities Act – Read the AODA Alliance’s Submission to the BC Government

October 1, 2019

          SUMMARY

The grassroots movement for enacting comprehensive disability accessibility legislation has spread to British Columbia and is making important progress. The BC Government has committed to bring forward a provincial accessibility law, and is now seeking public input on a proposed Framework for this legislation. Below we set out the input that the AODA Alliance has just submitted to the BC Government based on our experience in Ontario and on the federal scene. The Framework for the BC legislation, which the BC Government has posted for public comment, is permanently available on the AODA Alliance website as well at https://www.aodaalliance.org/wp-content/uploads/2019/09/BC-Framework-for-Accessibility-Legislation.pdf .

Anyone can send input to the BC Government from September 16 to November 29, 2019, by emailing [email protected] or by using the other avenues for input that the BC Framework specifies.

In summary, we commend the BC Government for committing to bring forward a provincial disability accessibility law, for its proposed Framework for this law, and for consulting the public on it. However, the Framework’s proposal, while helpful, is missing key ingredients. As written, and unless strengthened in accordance with our 12 recommendations, it risks running into the same serious problems as have been experienced in Ontario, Manitoba and Nova Scotia. These same problems are predicted for the new Accessible Canada Act.

We congratulate Barrier-Free BC’s tireless grassroots efforts over the past four years that have led to this important development. The AODA Alliance is proud to have played a small part in the launch of the grassroots movement that has brought BC to this point. Four years ago this month, on October 28, 2015, a meeting of grassroots activists was held in Vancouver. It led to the birth of Barrier-Free BC. Barrier-Free BC is BC’s counterpart to the AODA Alliance. At that kick-off meeting, the keynote speaker was AODA Alliance Chair David Lepofsky. We congratulate Barrier-Free BC on their excellent work over the past four years, and continue to be available to offer our advice whenever asked.

Today, the topic of BC disability accessibility legislation is expected to be the focus of CBC’s provincial radio call-in program in BC. AODA Alliance Chair David Lepofsky has been invited to be one of that program’s guests. If the program goes ahead as scheduled, the broadcast can be streamed live at this link https://www.cbc.ca/listen/live-radio/1-4-bc-today It should then be available as a podcast, at least for a few days. Search for the program “BC Today” on your favourite smart phone podcasting app, or via your computer, on the web.

          MORE DETAILS

Accessibility for Ontarians with Disabilities Act Alliance

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

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

Submission of the AODA Alliance to the Government of British Columbia on the BC Framework for New Provincial Accessibility Legislation

October 1, 2019

Sent to: [email protected]

Introduction

This is the AODA Alliance’s submission to the BC Government on its proposed Framework for a new BC disability accessibility law. We welcome this opportunity to share our experience in this area. We would be delighted to do whatever we can to assist the BC Government with this endeavour.

The BC Government’s proposed Framework for disability accessibility is available at ##

We heartily commend the BC Government for committing to bringing forward a provincial disability accessibility law, for posting its proposed Framework for this law, and for consulting the public on it. We call for all provincial governments in provinces lacking accessibility legislation to show this kind of commendable leadership.

This submission shows that the BC Framework, while helpful, is missing key ingredients. As written, and unless strengthened in accordance with our recommendations, it risks running into the same serious problems as have been experienced in Ontario, Manitoba and Nova Scotia. These same problems are also predicted for the new Accessible Canada Act.

Below we provide 12 practical suggestions on what to add to the BC Framework to make this legislation effective. What is needed is both clear and readily doable. We want to help BC learn from both the accomplishments and the problems experienced with existing legislation. BC has the chance to lead Canada by coming up with the best accessibility law developed to date. The Appendix at the end of this submission lists all our 12 recommendations in one place.

In addition to the specific recommendations below, we ask the BC Government to read the AODA Alliance’s September 27, 2018 brief to Parliament on Bill C-81, the proposed Accessible Canada Act. It is among the most extensive analyses of that bill at First Reading. Some of our recommendations were eventually incorporated into the Accessible Canada Act. They were also incorporated into amendments which the federal NDP and Conservatives tried to get the Federal Government to agree to as amendments to the bill. However, the analysis is almost entirely applicable to the provincial context that the BC Government will be addressing. You can download the September 27, 2018 AODA Alliance brief to Parliament on Bill C-81 by visiting https://www.aodaalliance.org/whats-new/click-here-to-download-in-ms-word-format-the-aoda-alliances-finalized-september-27-2018-brief-to-the-parliament-of-canada-requesting-amendments-to-bill-c-81-the-proposed-bill-c-81/

Who Are We?

What does the AODA Alliance have to offer BC? The AODA Alliance has extensive experience with the design, implementation and enforcement of accessibility legislation in Canada. Founded in 2005, we are a voluntary, non-partisan, grassroots coalition of individuals and community organizations. Our mission is:

“To contribute to the achievement of a barrier-free Ontario for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the Accessibility for Ontarians with Disabilities Act.”

To learn about us, visit our open filing cabinet at https://www.aodaalliance.org.

Our coalition is the successor to the non-partisan grassroots Ontarians with Disabilities Act Committee. The ODA Committee advocated for more than ten years, from 1994 to 2005, for the enactment of strong, effective disability accessibility legislation. Our coalition builds on the ODA Committee’s work. We draw our membership from the ODA Committee’s broad, grassroots base. To learn about the ODA Committee’s history, visit: http://www.odacommittee.net.

Beyond our work at the provincial level in Ontario, over the past four years, the AODA Alliance has been active, advocating for strong and effective national accessibility legislation for Canada. We have been formally and informally consulted by the Federal Government and some federal opposition parties on this issue. In 2016, AODA Alliance chair David Lepofsky made public a Discussion Paper on what federal accessibility legislation should include. That widely-read Discussion Paper is now published in the National Journal of Constitutional Law at (2018) NJCL 169-207. Its contents can provide a great deal of guidance to BC, even though it was written to address the federal legislative sphere. You can download our Discussion Paper on what the promised national accessibility law should include by visiting https://www.aodaalliance.org/whats-new/click-here-to-download-the-discussion-paper-on-what-canadas-promised-accessibility-legislation-should-include-as-published-last-year-in-the-national-journal-of-constitutional-law/

We presented on Bill C-81, the proposed Accessible Canada Act, to both the House of Commons and the Senate. Our recommendations played a role in improvements to the Accessible Canada Act. Both the Government of Canada and opposition parties referred to the AODA Alliance and its proposals during parliamentary debates over that legislation.

The AODA Alliance has also spoken to or been consulted by disability organizations, individuals, and governments from various parts of Canada on the topic of designing and implementing provincial accessibility legislation. For example, we have been consulted by the Government of Manitoba and by Barrier-Free Manitoba (a leading grassroots accessibility advocacy coalition in Manitoba) in the design and implementation of the Accessibility for Manitobans Act 2013. We twice made deputations to a Committee of the Manitoba Legislature on the design of that legislation. We have been consulted by the previous BC Government on whether to create a BC Disabilities Act, and by Barrier-Free BC in its grassroots advocacy for that legislation. AODA Alliance Chair David Lepofsky was the keynote speaker at the October 28, 2015 meeting in Vancouver where Barrier-Free BC was established.

We have also been consulted outside Canada on this topic, most particularly, in Israel and New Zealand. In addition, in June 2016, we presented on this topic at the UN annual international conference of state parties to the Convention on the Rights of Persons with Disabilities.

Our Recommendations

Purpose of the BC Legislation

The BC Framework proposes that the BC accessibility law should have these purposes, and asks what the public thinks of them:

“1. To support Canada’s ratification of the UNCRPD by promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and by promoting respect for their inherent dignity.

  1. To identify, remove, and prevent barriers encountered by people with disabilities in their daily lives through the development, implementation, and enforcement of accessibility standards.
  2. To allow persons with disabilities and other impacted stakeholders in the public and private sectors to work collaboratively towards the timely development of accessibility standards.
  3. To ensure there are adequate mechanisms in place to track progress on accessibility.
  4. To promote compatibility with the Accessible Canada Act and between federal and provincial accessibility standards.”

The proposed purposes of the BC accessibility law set out in the BC Framework, while helpful, are far too weak. It is very important to substantially strengthen the proposed purposes for the BC disabilities legislation. We have learned that the goal must be the achievement of an accessible or barrier-free society, or both, pure and simple. Nothing short of that will do.

We have also learned that an end date must be set in the legislation. Ontario’s AODA has both the goal of accessibility, and nothing less, and an end date. These are real strengths in that legislation. The Accessible Canada Act has both the goal of a barrier-free Canada and an end date. We and others fought long and hard to get this goal enshrined in the Accessible Canada Act. The Senate added the end date of 2040 to Bill C-81 last May. At the last minute, when Bill C-81 came back to the House of Commons this past June, on the eve of its rising for the federal election, the Federal Government finally withdrew its objection to enshrining an end date for accessibility in the bill.

We therefore recommend that:

#1. The BC accessibility law should have the purpose of achieving a barrier-free and accessible BC by an end date to be set in the legislation, using the definitions of “disability” and “barrier” proposed in the AODA Alliance’s Discussion Paper on national accessibility legislation.

Do Not Let the Accessible Canada Act Serve as a Constraint or Limit on BC Accessibility Legislation

The BC Framework includes the following, among other things, in its discussion of the proposed purposes of the BC accessibility law:

” To promote compatibility with the Accessible Canada Act and between federal and provincial accessibility standards.”

At first, that may seem sensible. However, it risks having BC measures on accessibility sink to the lowest common denominator. BC should never feel constrained to follow or imitate anything done at the federal level if it is too weak. BC should not commit in advance to be compatible with a federal accessibility measure that is insufficient.

For example, the Canadian Transportation Agency has recently adopted new federal transportation regulations on accessibility. They are helpful in part, but have serious problems. BC should not tie its hands in such circumstances.

We therefore recommend that:

#2. BC legislation should not commit to ensure that it or measures under it will be compatible with the Accessible Canada Act if this will lead to insufficient protections for people with disabilities.

 Nothing Should Ever Reduce the Rights of People with Disabilities

It is important that nothing be done under the new BC accessibility law that reduces the rights or opportunities of people with disabilities.

We therefore recommend that:

#3. Nothing in the BC disability accessibility law, or in its regulations or in any actions taken under it should be able to reduce in any way any rights which people with disabilities enjoy under law.

Several provincial laws address aspects of accessibility for people with disabilities. A new BC accessibility law and regulations enacted under it will hopefully add more accessibility requirements.

There is no assurance that these laws will all set the same level of accessibility. The new BC accessibility law should ensure that the law which provides the greatest amount of accessibility should always prevail. Section 38 of the AODA is instructive. It commendably provides:

” 38. If a provision of this Act, of an accessibility standard or of any other regulation conflicts with 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.”

We therefore recommend that:

#4. If a provision of the BC accessibility law or of a regulation enacted under it conflicts with or sets a different accessibility standard 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 should prevail.

Setting Mandatory Timelines for Enacting Accessibility Regulations

A central and fundamentally important part of the BC accessibility legislation would be the Government enacting new accessibility regulations. These would specify in detail what obligated organizations must do to become accessible to people with disabilities. The BC Framework states:

“Accessibility standards would provide guidance about best practices for accessibility including desired accessibility outcomes.”

The BC Framework suggests at one point that it would be permissible for the Government to enact accessibility regulations that are enforceable. However, it does not there make it clear that the Government would have a duty to do so. The Framework states:

“Government envisions accessibility legislation that allows for the creation of both voluntary accessibility standards as well as mandatory accessibility regulations. Accessibility legislation would allow the Government of British Columbia to adopt standards as binding regulations in part or in whole.”

Yet elsewhere the BC Framework states:

“To ensure progress, accessibility legislation could require timelines to achieve the timely development, implementation and revision of accessibility standards.”

It is essential that the law impose a clear and strong duty on the Government to create these standards, and for it to set enforceable timelines for creating these standards. Otherwise, they may never be created, or they may take excessive amounts of time to be created.

We know from experience under Ontario’s AODA’s predecessor law, the Ontarians with Disabilities Act 2001, that it is insufficient to merely give a Government the power to enact accessibility standards or regulations, without requiring that Government to ever do so. The Ontarians with Disabilities Act 2001 permitted the Ontario Government to enact accessibility standards, but that Government never enacted any under that legislation. That in part is why Ontario later enacted the stronger AODA.

One of the major criticisms of the Accessible Canada Act is that it gives the Federal Government a number of helpful powers, such as the power to enact accessibility regulations, but for the most part does not require that these powers be used. it also does not for the most part set timelines for their deployment. That is why we and so many others said that the Accessible Canada Act is strong on good intentions but weak on implementation.

We therefore recommend that:

#5. The BC accessibility law should require the Government to create all the accessibility standards as enforceable regulations that are needed to achieve the law’s goal, and should set timelines for enacting these regulations.

Areas for Accessibility Standards to Cover

The BC Framework states:

“Accessibility standards could cover a variety of areas including:

Service Delivery

Employment

Built Environment

Information and Communication

Transportation”

These are all helpful areas. However, we know from extensive Ontario experience that this list is insufficient. It is helpful if the bill lists some of the areas that enforceable accessibility regulations can cover, so long as it is clear that they are not the only areas that these regulations can cover.

Moreover, the list that the law spells out should be expanded. It should include enforceable accessibility regulations to address disability accessibility barriers in education, health care, housing, and ensuring public money is never used to create or perpetuate disability accessibility barriers. This last area is addressed further below.

In Ontario, after years of campaigning, accessibility regulations are now under development in the areas of education and health care. The AODA Alliance led the fight for these to be included. We have been asking for almost a decade for an accessibility regulation to be created to address accessibility in residential housing. British Columbians with disabilities should not have to endure the hardship of having to wage similar multi-year battles just to get these topics on the regulatory agenda.

We therefore recommend that:

#6. The BC accessibility law should include requirements to enact accessibility standards in the areas of education, health care, housing and ensuring that public money is never used to create or perpetuate disability barriers. It should make it clear that its list of accessibility regulations is not exhaustive.

Adopting Other Pre-existing Accessibility Standards

The BC Government is contemplating the possibility of adopting some pre-existing accessibility standards that are in place elsewhere, as part of its efforts under this legislation. The BC Framework states:

“The Government of British Columbia could seek to expedite the development of accessibility standards by adopting or building on existing standards, policies and practices developed elsewhere in Canada or around the world.”

It is desirable to avoid re-inventing the wheel. However, we caution that pre-existing accessibility standards can be seriously deficient. For example, those enacted to date in Ontario are fraught with problems, as earlier Independent Reviews of the AODA have documented on our urging. We can provide ample details on this.

We therefore recommend that:

#7. The BC accessibility law should only allow BC to adopt an accessibility standard created in another jurisdiction “as is” if it is satisfied that that standard is sufficient as is.

Governance, Compliance and Enforcement

We strongly commend to BC our recommendations for governance, compliance and enforcement that are set out in our published Discussion Paper on what a national accessibility law should include, and our September 27, 2018 brief to Parliament on Bill C-81, both referred to above.

The BC Framework considers as a possible feature of its implementation/enforcement regime the following:

“Reduced reporting requirements for individuals and organizations that show accessibility leadership.”

We disagree. It is of course commendable for an obligated organization to show leadership on accessibility. However, that should not lead to any reduction in that organization’s reporting obligations. Just because an organization has done well on accessibility in the past does not mean that it will continue to do so in the future and need only have reduced accountability. Reporting requirements are always needed to help monitor and motivate compliance.

We therefore recommend that:

#8. The BC accessibility law should include the compliance, monitoring and enforcement features recommended in the AODA Alliance Discussion Paper on national accessibility legislation, and in its September 27, 2018 brief to Parliament on Bill C-81.

#9. The BC accessibility law should not provide for reduced reporting requirements for an obligated organization that has shown leadership on accessibility.

How Often Should There Be an Independent Review of the BC Accessibility Law’s Implementation?

It is good that the BC Framework contemplates including in the law a requirement for the Government to periodically appoint an Independent Review of the new accessibility law’s implementation. These have been very important in Ontario.

The BC Framework asks how often these should take place. Ontario’s legislation got it right.

The AODA required the first Independent Review to begin three years after the AODA was passed. It requires each successive Independent Review to be appointed four years after the previous one was completed. Each Independent Review takes one year to conduct, once appointed. Therefore, the interval between the first and second AODA Independent Review, and between the second and third AODA Independent Review, have in each case been in the range of 5 years, not four. Nothing shorter would be appropriate.

The recommendations from each of the three AODA Independent Reviews came at important times. It would have been harmful to Ontarians with disabilities had they been delayed any longer. We only regret that the Ontario Government has not acted promptly on any of those reports’ helpful findings and recommendations.

In contrast, the Federal Government set too long a period in the Accessible Canada Act. The first Independent Review won’t begin under federal legislation til almost twice as long a period as was the case in Ontario. That will work to the substantial disadvantage of people with disabilities across Canada. This is especially troubling since under the Accessible Canada Act, the Federal Government need not create any enforceable accessibility standard regulations in that period.

We therefore recommend that:

#10. The BC accessibility law should require the first Independent Review of that legislation to be appointed within three years after that law goes into effect, and thereafter, every four years after the previous Independent Review delivered its report.

Key Features Needed in the BC Accessibility Law that the BC Framework Does Not Identify

While the BC Framework includes several helpful key ingredients for a new BC accessibility law, there are additional features that are very important, and that were not identified in that Framework. We summarize these here. They are discussed in greater length in our Discussion Paper on national accessibility legislation, and in our September 27, 2018 brief to Parliament on Bill C-81.

We therefore recommend that:

#11. The BC accessibility law should

  1. a) Specify that the BC Government as a whole is responsible for leading Canada to the goal of accessibility, in so far as the BC Government has constitutional authority to do so.
  1. b) Impose specific duties and implementation time lines on the BC Government, and on specified public officials and agencies, regarding their roles to implement and enforce the law.
  1. c) Require the BC Government to review all its statutes and regulations for accessibility barriers.
  1. d) Enforceably require that no public money can be used to create or perpetuate barriers against people with disabilities, e.g. money spent on procurement, infrastructure, grants, loans or transfer payments.
  1. e) Require the BC Government to use all other readily-available levers of power to advance the goal of accessibility.
  1. f) Require that whenever a BC statute or regulation confers a discretionary power on any federal public official, department or agency, that decision-maker shall take into account, in its exercise, its impact on accessibility for people with disabilities.
  1. g) Require the BC Government to ensure that provincial and municipal elections become barrier-free for voters and candidates with disabilities.
  1. h) Include effective measures to ensure that the BC Government becomes a model accessible workplace and service-provider.
  1. i) Require the BC Government to develop and implement a plan to ensure that all provincially-operated courts and federally operated regulatory tribunals become accessible.

We especially focus on one of these needed additions. The BC Government can bring about significant progress towards accessibility by making sure that no one uses public money to create, perpetuate or exacerbate disability barriers. Many in society want to receive provincial public money, as venders, infrastructure builders, businesses, colleges, universities, hospitals, and governmental transfer partners. The law should attach clear monitored, enforced mandatory accessibility strings to that money. Anyone accepting those funds should be bound by the strings attached.

Provincial spending that should be subject to this requirement should include, for example:

  1. a) spending on procuring goods, services and facilities, for use by the BC Public Service and the public.
  1. b) BC spending on capital and infrastructure projects, including projects built by the BC Government, municipalities or others.
  1. c) BC spending on business development grants and loans, and on research grants for universities and other organizations.
  1. d) BC transfer payments to transfer agencies for programs, like health care.
  1. e) Any other BC Government contract.

This spending would give the BC Government substantial leverage to promote accessibility. Widely-viewed AODA Alliance online videos have demonstrated that new construction, including construction on infrastructure using public money, have included serious accessibility problems. These videos secured significant media coverage. See:

The AODA Alliance’s May 2018 video showing serious accessibility problems at new and recently renovated Toronto area public transit stations.

The AODA Alliance’s October 2017 video showing serious accessibility problems at the new Ryerson University Student Learning Centre.

The AODA Alliance’s November 2016 video, showing serious accessibility problems at the new Centennial College Culinary arts Centre.

Ontario experience shows that this must be specifically legislated, monitored and enforced. There has been limited success in getting some new Ontario laws enacted and policies adopted. They lack needed visibility, strength and enforcement. They have not had the impact needed. The Ontario Government has thereby missed out on huge opportunities to generate greater accessibility.

The Federal Government has similarly missed out on a huge opportunity here. It declined to include the needed measures to address this in the Accessible Canada Act. The Accessible Canada Act allows the Government to make accessibility standards in the area of procurement, but does not require these to be made.

Canada’s Senate made a formal “observation” on Bill C-81 when it passed other amendments to strengthen the bill. It called for federal action to ensure that federal public money is not used to create disability barriers.

Don’t Make the Same Mistakes in the Accessible Canada Act

We commended the Federal Government for committing to national accessibility legislation, and have identified several helpful features in the Accessible Canada Act. However despite the efforts and recommendations of many from the disability including the AODA Alliance, there are several shortcomings in that law. BC should avoid these. These are extensively identified on the Canada page of the AODA Alliance website and in our September 27, 2018 brief to Parliament.

Apart from deficiencies already discussed above are the following major problems, identified in our March 29, 2019 brief to the Senate on Bill C-81:

* “The bill gives the Federal Government and federal accessibility agencies/officials helpful powers to promote accessibility. However, the bill imposes no duty on them to ever use those powers, with one inconsequential exception.

The bill also sets no deadlines for taking many of the major implementation steps that the Government must take to implement this bill. The Government could drag its feet for years if not indefinitely.

For example, the bill lets the Government enact accessibility standards as enforceable regulations. However, the bill does not require the Government to ever enact any. Without them, the bill is a hollow shell.

The bill gives the Federal Government enforcement powers. However it doesn’t require the bill to be effectively enforced.

During the first five years after this bill goes into effect, the Federal Government’s only mandatory duty under the bill is for Cabinet, the CRTC and Canada Transportation agency to enact one regulation within two years after the bill comes into force. However that regulation could be an inconsequential one on minor procedural matters, without ever requiring that any disability barriers be removed or prevented.”

* “The 105-page bill is far too complicated and confusing. It will be hard for people with disabilities and others to navigate it. This is because the bill 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 Canada Transportation Agency (CTA) and the Canadian Radio, Television and Telecommunications Commission (CRTC).

This makes the bill’s implementation and enforcement less effective, more confusing, more complicated and more costly. It will take longer to get accessibility regulations enacted. It risks weak, contradictory or unnecessarily complex regulations.

This splintering 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 are burdened 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. That weakens the rights and voices of people with disabilities.

This splintering only helps existing federal bureaucracies that want more power, and any large obligated organizations that want to dodge taking action on accessibility. Those organizations will relish exploiting the bill’s confusing complexity to delay and impede its implementation and enforcement.

It is wrong for the bill to give almost exclusive powers over accessibility to federally-regulated transportation organizations (like airlines) to the CTA, and almost exclusive powers over broadcasters and telecommunication companies (like Bell Canada and Rogers Communications) to the CRTC. The CTA and CRTC have had powers in this area for years. Their record on accessibility is not good.

The CTA and CRTC are too close to the industries they regulate. They lack expertise in disability accessibility. The industries the CTA and CRTC regulate would love to have those agencies stay largely in control of their accessibility obligations, given their inadequate regulatory track records on accessibility.

We ask for the bill to be simplified, to get rid of its harmful splintering of federal accessibility oversight responsibilities. Only the Federal Cabinet should make accessibility regulations. Only the new federal Accessibility Commissioner should enforce the bill. This ensures clearer, smoother, lower-cost, easier-to-access one-stop-shopping for people with disabilities, and easier implementation for the Federal Government and obligated organizations.

Under the bill, transportation organizations, broadcasters and telecommunication companies must make two concurrent accessibility plans, one supervised by the Accessibility Commissioner and the other supervised either by the CTA or CRTC. That also makes compliance and enforcement more costly and confusing. We ask for the bill to be amended so that all obligated organizations will only have to make one accessibility plan, not two, all supervised by the new federal Accessibility Commissioner.

It is no solution to the bill’s “splintering” problem for the Federal Government to say that there will be “no wrong door” for a person to file a complaint. The problem is not just the four different doors that a person with a disability must choose to enter. There are also as many as three or four different procedures they must figure out, even after they enter the right door. That is a formula for confusion, and for tripping up people with disabilities.”

* “The bill has too many loopholes. As one example, the bill gives the Federal Government the power to exempt itself from some of its duties under the bill. The Government should not be able to exempt itself. We request an amendment to close the bill’s loopholes, such as the Federal Government’s power to exempt itself from some of its duties under the bill.”

Concerns with Public Funding of the Rick Hansen Foundation Private Accessibility Certification Program

The BC Framework notes that the BC Government has given the Rick Hansen Foundation 10 million dollars in connection with its private accessibility certification program. When the Ontario Government recently announced its intention to give public money to the Rick Hansen Foundation for this purpose, we raised serious concerns. Our investigation of this process resulted in our making public two reports. These amply document our serious concerns.

Among other things, we are concerned that there is no assurance that those who conduct the RHF’s private accessibility certification assessments are qualified to do so. The RHF 8-day training course is woefully inadequate. As well, the RHF process for assessing a building’s accessibility itself has serious problems. It also lacks proper safeguards against conflicts of interest on the part of its assessors or the RHF itself.

As a result, there can be no assurance that a building that the RHF certifies as “accessible” is in fact accessible. Moreover, a government should not delegate to an unaccountable private organization any responsibility to decide what standard for accessibility should be used.

Any BC accessibility legislation should not involve any such private accessibility certification process. Any accessibility standards should be publicly set, publicly monitored and publicly enforced.

Feedback from the disability community has echoed and reinforced our concerns in this area. Our concerns have garnered media attention and coverage.

The AODA Alliance’s July 3, 2019 report on the RHF private accessibility certification program is available at https://www.aodaalliance.org/category/whats-new/

The AODA Alliance’s August 15, 2019 supplement report on the RHF private accessibility certification program is available at https://www.aodaalliance.org/whats-new/the-doug-ford-governments-controversial-plan-to-divert-1-3-million-into-the-rick-hansen-foundations-private-accessibility-certification-program-is-plagued-with-even-more-problems-than-earlier-rev/

We therefore recommend that:

#12. The BC accessibility law should ensure that the making and enforcing of accessibility standards are exclusively done by public officials. It should not provide for any public funding of any private accessibility certification programs.

Appendix – List of Recommendations

#1. The BC accessibility law should have the purpose of achieving a barrier-free and accessible BC by an end date to be set in the legislation, using the definitions of “disability” and “barrier” proposed in the AODA Alliance’s Discussion Paper on national accessibility legislation.

#2. BC legislation should not commit to ensure that it or measures under it will be compatible with the Accessible Canada Act if this will lead to insufficient protections for people with disabilities.

#3. Nothing in the BC disability accessibility law , or in its regulations or in any actions taken under it should be able to reduce in any way any rights which people with disabilities enjoy under law.

#4. If a provision of the BC accessibility law or of a regulation enacted under it conflicts with or sets a different accessibility standard 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 should prevail.

#5. The BC accessibility law should require the Government to create all the accessibility standards as enforceable regulations that are needed to achieve the law’s goal, and should set timelines for enacting these regulations.

#6. The BC accessibility law should include requirements to enact accessibility standards in the areas of education, health care, housing and ensuring that public money is never used to create or perpetuate disability barriers. It should make it clear that its list of accessibility regulations is not exhaustive.

#7. The BC accessibility law should only allow BC to adopt an accessibility standard created in another jurisdiction “as is” if it is satisfied that that standard is sufficient as is.

#8. The BC accessibility law should include the compliance, monitoring and enforcement features recommended in the AODA Alliance Discussion Paper on national accessibility legislation, and in its September 27, 2018 brief to Parliament on Bill C-81.

#9. The BC accessibility law should not provide for reduced reporting requirements for an obligated organization that has shown leadership on accessibility.

#10. The BC accessibility law should require the first Independent Review of that legislation to be appointed within three years after that law goes into effect, and thereafter, every four years after the previous Independent Review delivered its report.

#11. The BC accessibility law should

  1. a) specify that the BC Government as a whole is responsible for leading Canada to the goal of accessibility, in so far as the BC Government has constitutional authority to do so.
  1. b) impose specific duties and implementation timelines on the BC Government, and on specified public officials and agencies, regarding their roles to implement and enforce the law.
  1. c) require the BC Government to review all its statutes and regulations for accessibility barriers.
  1. d) enforceably require that no public money can be used to create or perpetuate barriers against people with disabilities, e.g. money spent on procurement, infrastructure, grants, loans or transfer payments.
  1. e) require the BC Government to use all other readily-available levers of power to advance the goal of accessibility.
  1. f) require that whenever a BC statute or regulation confers a discretionary power on any federal public official, department or agency, that decision-maker shall take into account, in its exercise, its impact on accessibility for people with disabilities.
  1. g) require the BC Government to ensure that provincial and municipal elections become barrier-free for voters and candidates with disabilities.
  1. h) include effective measures to ensure that the BC Government becomes a model accessible workplace and service-provider.
  1. i) require the BC Government to develop and implement a plan to ensure that all provincially-operated courts and federally operated regulatory tribunals become accessible.

#12. The BC accessibility law should ensure that the making and enforcing of accessibility standards are exclusively done by public officials. It should not provide for any public funding of any private accessibility certification programs.



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More Media on the E-scooters Issue – and – On September 25, Attend Either a Federal Candidates’ Forum on the Accessible Canada Act or the TTC’s Public Forum on Accessible Transit


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

More Media on the E-scooters Issue – and – On September 25, Attend Either a Federal Candidates’ Forum on the Accessible Canada Act or the TTC’s Public Forum on Accessible Transit

September 23, 2019

          SUMMARY

1. Yet More Media Attention on the Problems with Allowing Electric Scooters Out in Public in Our Province

There have now been four weeks since we learned about the Ford Government’s troubling plan to allow unlicensed, uninsured people to drive electric scooters in Ontario in a 5-year pilot project. We presented it to Ontarians as a serious disability issue. Since then, the media coverage of this issue just keeps on coming!

Below we set out an article on this subject that was in the September 21, 2019 Globe and Mail. It does not make the e-scooters’ disability issues its focus.

As well, last week, on Friday, September 20, 2019, CBC Radio devoted an entire hour to a province-wide call-in program on e-scooters on its Ontario Today program. Those taking part in that program echoed a number of the concerns with e-scooters that we have been raising. The CBC included a clip from an earlier interview with AODA Alliance Chair David Lepofsky in the program.

We are especially concerned to know what kind of audience our provincial and municipal politicians are giving to the lobbyists for the companies that are lobbying hard to rent e-scooters in Ontario. Those of course are the very companies whose business plan includes people randomly leaving e-scooters on our public sidewalks, creating new barriers for pedestrians with disabilities. We have contended that our public sidewalks are not meant for their businesses’ free parking. Our provincial and municipal politicians should make public their discussions with those corporate lobbyists.

We encourage you to check out the September 12, 2019 brief that the AODA Alliance has submitted to the Ontario Government. Please let the Government know if you support our brief and its recommendations. You can write the Government at [email protected]

2. Come to the Toronto September 25, 2019 Federal Candidates’ Forum on the Accessible Canada Act

Would you like to know what the federal parties are promising to do, if elected, to strengthen the new Accessible Canada Act and to ensure that it is swiftly and effectively implemented and enforced? If you are in the Toronto area, come to the September 25, 2019 federal candidates’ forum on this topic, organized by the Holland Bloorview Kids Rehab Centre, and the Reena Foundation. We set out the announcement below. It includes information on how to sign up to attend this event.

We are hoping that this event will also be live streamed, but details are still in the works. , AODA Alliance Chair David Lepofsky has been invited to be a subject matter expert during this debate.

We encourage you to use the AODA Alliance’s brand new Action Kit for tips on how to raise disability accessibility issues in this federal election.

3. Another Chance to Alert TTC to Public Transit Barriers in Toronto

Do you still run into accessibility barriers when using public transit in Toronto? Here is another opportunity to try to press for reforms at the TTC.

Below is the Toronto Transit Commission’s announcement of its 2019 Annual Public Forum on Accessible Transit. It will be held on the evening of Wednesday, September 25, 2019 from 7 to 9 pm.

It is too bad that both this TTC forum and the federal candidates forum on the Accessible Canada Act will be taking place at the same date and time. We encourage one and all in the Toronto area to come to this TTC event, or the federal candidates’ event. Raise accessibility problems you have experienced on the TTC. It is important to shine the light on accessibility issues that continue to plague people with disabilities on public transit in Canada’s biggest city.

Over three years ago, the Ontario Government appointed a new Transportation Standards Development Committee under the Accessibility for Ontarians with Disabilities Act to review the 2011 Transportation Accessibility Standard, and to recommend any needed changes to strengthen it. That Committee’s final reform recommendations, which the former Ontario Government under Kathleen Wynne made public in the 2018 spring, were exceptionally weak. If implemented, they wouldn’t significantly improve that very limited accessibility standard.

In its first 15 months in office, the new Ontario Government under Premier Doug Ford has announced no new action to make public transit accessible in Ontario for people with disabilities. It has announced no action on this subject as a result of the Transportation Standards Development Committee’s 2018 recommendations.

This is part of a bigger and troubling provincial picture. The Ford Government has done nothing since taking office to strengthen and accelerate the sluggish implementation and enforcement of the AODA.

Back on January 31, 2019, the Ford Government received the final report of the most recent Independent Review of the AODA’s implementation conducted by former Lieutenant Governor David Onley. That was 236 days ago. That report found a pressing need to substantially strengthen the AODA’s implementation. Yet the Ford Government has announced no comprehensive plan to implement the Onley Report’s recommendations for strengthening the AODA’s implementation.

Please contact your local media and encourage them to attend the TTC forum. Video record or photograph barriers on TTC you have experienced. Send them to the media. Publicize them on social media like Twitter and Facebook. Use the ever-popular hashtag #AODAfail in tweets about these barriers, as part of our “Picture Our Barriers” campaign.

TTC will again stream this public forum event live. Check out details below in the TTC announcement.

This TTC Public Forum originated in 2008 as a result of the 2007 Human Rights Tribunal order in Lepofsky v. TTC #2. Eleven years ago, the Ontario Human Rights Tribunal ordered TTC to hold one such event per year for the three years after the Tribunal ruled against TTC in Lepofsky v. TTC #2.

After starting to hold these events because it was ordered to do so commendably TTC decided to keep holding these events once per year, even though TTC originally and strenuously opposed David Lepofsky when he asked the Human Rights Tribunal to make this order.

Since 2011, TTC and all public transit providers in Ontario are required by law to hold a similar event each year in your community under section 41(2) of the Integrated Accessibility Standard Regulation, enacted under the AODA. If you live outside Toronto, ask your public transit provider when they are planning to hold their annual public forum on accessible transit. If your public transit authority has not done so, please contact Raymond Cho, who is Ontario’s Minister for Seniors and Accessibility and is responsible for enforcing the AODA, and ask that this provision be strictly enforced. This section provides:

“41(2) Every conventional transportation service provider shall annually hold at least one public meeting involving persons with disabilities to ensure that they have an opportunity to participate in a review of the accessibility plan and that they are given the opportunity to provide feedback on the accessibility plan.”

Let us know if your public transit authority elsewhere in Ontario is holding a similar event this year, or did so last year. Email us at [email protected] or reply to this email.

Each year there is an impressive turnout of hundreds of people at TTC’s public forums on accessible transit. Each wants a chance at the microphone to tell their story. Unfortunately, TTC each year uses up far too much time, as much as a third of the time in some instances, making speeches on what a great job TTC says it’s doing on accessibility. We have urged TTC to keep all of those speeches down to a total of five or ten minutes, maximum, to give as much time as possible to the attendees to speak, since they made the effort to come to this event. We hope TTC will listen to this suggestion this time. They have not done so in the past despite our requests.

Under the Human Rights Tribunal’s order, all TTC Commissioners were required to attend each public forum. Since that order expired, many if not most TTC Commissioners have skipped these TTC accessible transit public forums. This is wrong. TTC chose the forum’s date well in advance. Its Commissioners should be able to make it. If hundreds of people with disabilities take the time out of their busy day to come to speak to the TTC Commissioners, the least that those TTC Commissioners can do is to themselves take the time to show up to this TTC community event and listen to the front-line experiences of riders with disabilities.

          More Details

The Globe and Mail September 21, 2019

Originally posted at https://www.theglobeandmail.com/canada/alberta/article-politicians-and-planners-look-to-data-for-answers-on-e-scooters/

Cities look to data for answers on e-scooters

By CARRIE TAIT

Staff

CALGARY – Calgarians puttering around on electric scooters flock to Prince’s Island Park, a downtown gem and the river paths. Montrealers favour Old Montreal. And in Edmonton, Whyte Avenue, known for pubs and shops, is a popular destination.

A handful of Canadian cities launched e-scooter pilot projects this summer, writing bylaws with limited data. Even the most basic rule – where, exactly, are riders allowed to scoot – varies from city to city. In Edmonton, for example, scooters are allowed on streets with speed limits up to 50 kilometres an hour, but not sidewalks; in Calgary, sidewalks are in and roads are out.

Now, as summer wraps up, politicians and urban planners have information they will use to rewrite the rules for shared escooters. But the data will do far more than influence speed limits on pathways. It will affect largescale infrastructure plans – the types of projects that cost billions of dollars and take years to complete.

Shauna Brail is a professor at the University of Toronto’s urban-planning program and studies new methods of transportation – think bike-sharing programs and autonomous vehicles – in cities. She anticipates cities will adopt stricter rules around where users can leave their scooters.

“I think we’ll start to see more and more regulations around parking,” Dr. Brail said. “This is one of the biggest pieces of contention.”

Two companies dominate pilot projects in Canada: Lime and Bird. Riders use apps to find and unlock scooters, and are generally charged a flat rate to get started and then pay by the minute. Users in some cities can leave the scooters anywhere within designated boundaries; riders in other cities can park only in specific spots. Some cities allow parking on sidewalks, so long as the scooters do not obstruct the walkway.

Calgary received 62 complaints through its 311 service about abandoned or improperly parked scooters in the first nine weeks of the pilot project. Parking complaints were the second most common reason citizens turned to 311 regarding scooters, behind sidewalk conflicts.

Montreal, which launched its pilot project in August, has already taken action to thwart troublesome parking jobs. Politicians there last week announced plans to fine e-scooter and e-bike users $50 for shoddy parking and Montreal will fine the companies $100 every time a police officer or city official finds one of their respective scooters or bikes parked illegally.

Calgary approved 1,500 scooters for the pilot project launched in the middle of July. Their popularity among users outpaced the city’s expectations. As of Wednesday, riders in Calgary had made a collective 542,374 trips covering more than 1.1 million kilometres. The median trip lasts 10 minutes, according to city data.

Roughly 142,100 unique users have used the e-scooters at least once. After accounting for tourist traffic, city officials estimate this means about 10 per cent of Calgarians have gone for at least one spin. These numbers exclude privately owned e-scooters.

Calgary’s 311 data show the most common concern about escooters stems from riding on sidewalks, which is legal in the city. Concerned citizens, for example, want the scooters to slow down and want the city to crack down on riders who are inconsiderate on the sidewalks, the city said. It counts 112 submissions related to sidewalks.

The 311 data, however, also demonstrate Calgarians are adjusting to e-scooters. Since the pilot’s launch, the city service recorded 281 submissions tied to escooters. Complaints spiked around the third week of the pilot, with 68 concerns registered.

But submissions have dropped every week since, hitting and holding at 15 around weeks eight and nine.

Nathan Carswell, Calgary’s shared-mobility program co-ordinator, said the city will make changes as data flow in. Sidewalk problems, for example, may be alleviated by working with the scooter companies to lower the machines’ top speed in designated areas, such as busy downtown corridors, Mr. Carswell said.

GPS data, injury rates and the degree of conflict with pedestrians, cyclists and vehicles, will help shape city infrastructure.

The information, Mr. Carswell said, provides hints on where Calgary should expand its separated bike-lane network, whether sidewalks in some areas should be widened, or whether there are areas where it would be appropriate to allow scooters on roadways, for example.

“I think they are here for the long run,” he said.

In Edmonton, which launched its pilot project in the middle of August, Mayor Don Iveson noted pedestrians, business owners and people with mobility issues have complained about users illegally riding the scooters on the sidewalk.

“It is not going well,” he said.

The mayor has also said if issues persist, Edmonton will reassess whether e-scooters are suitable in Alberta’s capital.

Eddy Lang, the department head for emergency medicine at the University of Calgary’s Cumming School of Medicine, is analyzing statistics related to ER and urgent-care visits related to scooters and bicycle incidents.

There have been 477 visits to Calgary’s ER and urgent-care facilities owing to scooter injuries. Fractures are the most common reason, clocking in at 121 incidents, followed by head and facial injuries, at 83 visits. Visits related to bicycle injuries far outpace scooter visits, but there are far more cyclists than scooter riders in the city.

Announcement of September 25, 2019 Federal Candidates’ Forum on the, Accessible Canada Act

Originally posted at https://www.eventbrite.ca/e/accessible-canada-act-candidates-forum-tickets-71795944603

Sep 25

Accessible Canada Act: Candidates’ Forum

By Holland Bloorview Kids Rehabilitation Hospital and Reena

Wed, 25 September 2019, 7:00 PM – 9:00 PM EDT

Join us to learn more about the Accessible Canada Act and to hear directly from federal candidates on potential implementation strategies

About this Event

On June 21, 2019, the Accessible Canada Act (Bill C-81), received Royal Assent after passing unanimously through the House of Commons and the Senate of Canada.

The act fulfills the government’s mandate promise to introduce new accessibility legislation toward ensuring a barrier-free Canada, though no recommendations have been made to date.

To learn more about the act and its potential implications for Canadians, Holland Bloorview Kids Rehabilitation Hospital and Reena are hosting Accessible Canada Act: Candidates’ Forum that will serve to educate on the importance of the act, its potential outcomes and provide an opportunity to hear directly from candidates on their parties’ potential implementation strategies.

Light refreshments will be served. Kashrut observed.

If you require any special accommodations to attend the event, please send an email to [email protected] before September 20.

Announcement of the September 25, 2019 TTC Public Forum on Accessible Transit

Originally posted at http://ttc.ca/TTC_Accessibility/Public_Forum_on_Accessible_Transit/2019/index.jsp

The 2019 Public Forum on Accessible Transit is happening this September!

On Wednesday, September 25 the 2019 Public Forum on Accessible Transit is taking place at the Beanfield Centre!

Join us to learn more about Easier Access at the TTC, Family of Services and conditional trip-matching.

For further information on accommodations, booking your trip and the livestream, please head to: http://www.ttc.ca/TTC_Accessibility/Public_Forum_on_Accessible_Transit/2019/index.jsp



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What Pledges Will the Federal Party Leaders Make in This Election to Make Canada Accessible for Over 6 Million People with Disabilities? Federal NDP Leader Jagmeet Singh Is First National Leader to Write the AODA Alliance to Pledge to Strengthen the Accessible Canada Act


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

What Pledges Will the Federal Party Leaders Make in This Election to Make Canada Accessible for Over 6 Million People with Disabilities? Federal NDP Leader Jagmeet Singh Is First National Leader to Write the AODA Alliance to Pledge to Strengthen the Accessible Canada Act

September 19, 2019 Toronto: In the federal election, the NDP is the first federal party to write the AODA Alliance to commit to strengthen the recently-enacted Accessible Canada Act (ACA), and to ensure that public money is never used to create barriers against over six million people with disabilities. In its July 18, 2019 letter to the major party leaders, the non-partisan AODA Alliance requested 11 specific commitments to strengthen the ACA and to ensure its swift and effective implementation and enforcement. (Summary of 11 requests set out below). On September 16, 2019, NDP leader Jagmeet Singh became the first, and to date, the only federal leader to answer this request. In the NDP’s letter, set out below, Mr. Singh makes several of the commitments the AODA Alliance sought.

“We’ve gotten commitments from NDP leader Jagmeet Singh, so now we aim to get the other federal party leaders to meet or beat those commitments,” said AODA Alliance Chair David Lepofsky. “We and other disability advocates together got the Accessible Canada Act introduced into Parliament, and then got it strengthened somewhat over the past year before it was passed in June. It has helpful ingredients, but is too weak. We are seeking commitments to ensure that this law gets strengthened, and that it is swiftly and effectively implemented and enforced.”

In Parliament, the Liberals have made promising statements about what the new law would achieve for people with disabilities. Commitments are now sought to turn those statements into assured action.

Even though Parliament unanimously passed the ACA, the federal parties were substantially divided on whether it went far enough to meet the needs of people with disabilities. The Tories, NDP and Greens argued in Parliament for the bill to be made stronger, speaking on behalf of diverse voices from the disability community. Last year, the Liberals voted down most of the proposed opposition amendments that were advanced on behalf of people with disabilities.

Last spring, the Senate called for new measures to ensure that public money is never used to create new barriers against people with disabilities. The ACA does not ensure this.

Among the disability organizations that are raising disability issues in this election, the AODA Alliance is spearheading a blitz to help the grassroots press these issues on the hustings, in social media and at all-candidates’ debates. The AODA Alliance is tweeting candidates across Canada to solicit their commitments and will make public any commitments that the other party leaders make. Follow @aodaalliance. As a non-partisan effort, the AODA Alliance does not support or oppose any party or candidate.

The AODA Alliance is also calling on the Federal Government and Elections Canada to ensure for the first time that millions of voters with disabilities can vote in this election without fearing that they may encounter accessibility barriers in the voting process.

Contact: David Lepofsky, [email protected] Twitter: @aodaalliance

For background on the AODA Alliance ‘s participation in the grassroots non-partisan campaign since 2015 for the Accessible Canada Act, visit www.aodaalliance.org/canada

September 16, 2019 Letter to the AODA Alliance from NDP Leader Jagmeet Singh

From: Jagmeet Singh <[email protected]>
Date: September 16, 2019 at 10:54:40 AM EDT
To:[email protected]” <[email protected]>
Subject: RE: Seeking All Parties’ election commitments on accessibility for people with disabilities

Thank you for the opportunity to contribute to your questionnaire.

Please find the NDP’s response attached.

All the best,

NDP Team

Attachment: NDP Response:  Accessibility for Ontarians with Disabilities Act Alliance

  1. Will you enact or amend legislation to require the Federal Government, the CTA

and the CRTC to enact regulations to set accessibility standards in all the areas that

the ACA covers within four years? If not, will you commit that those regulations

will be enacted under the ACA within four years?

We can do much more to make Canada an inclusive and barrier-free place. As a start, New Democrats will uphold the United Nations Convention on the Rights of Persons with Disabilities and strengthen the Accessibility Act to cover all federal agencies equally with the power to make accessibility standards in a timely manner.

The NDP made multiple attempts to include implementation of timelines. During Committee meetings of Persons Living with Disabilities, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us aligned with the leading experts’ proposals. The Government brought no one forward to rebut this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties. A New Democrat government will work hard to enact regulations to set accessibility standards in a timely fashion.

  1. Will your party commit to ensure that the ACA is effectively enforced?

 

Yes, it’s critical to ensure that the ACA is effectively enforced. Once again, the NDP made multiple attempts to ensure the ACA is effectively enforced. During Committee, the Government was presented with overwhelming unanimity on the part of the leading experts and stakeholder groups in the country as to which parts of the bill needed amending. The amendments proposed by us were taken from their proposals. The Government brought no one forward to rebut

this testimony. They listened but rejected almost all of the amendments brought forward by the opposition parties.

  1. Will your party ensure by legislation, and if not, then by public policy, that no one will 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?

The Liberal government missed a sizable opportunity in C-81. Federal money should never used by any recipient to create or perpetuate disability barriers. We proposed such an amendment during committee hearing.

Our ultimate goal is to help foster a society in which all of our citizens are able to participate fully and equally. We believe that this cannot happen

until all of our institutions are open and completely accessible to everyone. The NDP would require that federal public money would never be used to create or perpetuate disability barriers, including federal money received for procurement; infrastructure; transfer payments; research grants; business development loans or grants, or for any other kind of payment, including purpose under a contract.

  1. Will your party amend the ACA to provide that if a provision of the ACA 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 ACA or in any regulations enacted under it or in any actions taken under it shall reduce any rights which people with disabilities otherwise enjoy under law?

Yes, if a provision of the 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 for persons  with disabilities with respect to goods, services, facilities, employment, accommodation,  buildings, structures or premises shall prevail.

  1. Will your party repeal the offending portion of section 172(3) of the ACA that

reads “but if it does so, it may only require the taking of appropriate corrective

measures.”” And replace them with words such as: “and grant a remedy in

accordance with subsection 2.”?

 

We will review section 172(3) of the ACA a take the appropriate corrective measures to make

sure airlines and railways pay monetary compensation in situations where they should have to

pay up.

  1. Will your party assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the ACA to the Federal Cabinet? If not, then at a minimum, would your party require by legislation or policy that the CRTC, CTA and the Federal Public Sector Labour Relations and Employment Board must, 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 set out for the Accessibility  Commissioner?

Yes. The Liberal government`s Bill C-81 wrongly gave several public agencies or officials far too much sweeping power to grant partial or blanket exemptions

to specific organizations from important parts of this bill. C-81 separated enforcement and implementation in a confusing way over four different public agencies. Rather it should be providing people with disabilities with what they need: the single service location or, one-stop shop..

We will assign all responsibility for the ACA’s enforcement to the Accessibility Commissioner and all responsibility for enacting regulations under the

ACA to the Federal Cabinet.

  1. Will your Party review all federal laws to identify any which require or permit any barriers against people with disabilities, and will your party amend Section 2 of the ACA (definition of “barrier”) to add the words “a law”, so that it will read:

“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.”

The NDP has long been committed to the rights of persons with disabilities. It has been our longstanding position that all of government—every budget,

every policy and regulation—should be viewed through a disability lens. The NDP has supported the establishment of a Canadians with Disabilities Act for many years.

  1. Will your party pass legislation or regulations and adopt policies needed to ensure that federal elections become barrier-free for voters and candidates with disabilities.

New Democrats have always fought to remove the barriers keeping persons with disabilities from living with dignity and independence, because when barriers are removed all Canadians are empowered to participate fully in society and we all benefit.

We brought forward amendments to C-81 that require the Accessibility Commissioner to appoint, within 12 months of the bill being enacted, an independent person (with no current or prior involvement in administering elections) to conduct an Independent Review of disability barriers in the election process, with a requirement to consult the public, including persons with disabilities, and to report within 12 months to the Federal Government. Their report should immediately be made public. Additionally, we would require the Federal Government to designate a minister with responsibility to bring forward a bill to reform elections legislation within 12 months of the completion of that Independent Review.

  1. Will your Party eliminate or reduce the power to exempt organizations from some of the requirements that the ACA imposes? Such as eliminating the power to exempt the Government of Canada, or a federal department or agency? If not, will your party commit not to grant any exemptions from the ACA?

 

Nine years ago, Canada ratified the United Nations Convention on the Rights of Persons with

Disabilities (CRPD). Though the Liberal government has tabled a new Accessibility Act, its’ exemptions mean C-81 falls short of meeting Canada’s goal of creating an inclusive and barrier-free country. An NDP government will reduce the power to exempt organizations from some of the requirements that the ACA imposes.

 

  1. Will your party develop and implement a plan to ensure that all federally-operated courts (e.g. the Supreme Court of Canada and Federal Courts), and federally operated regulatory tribunals (like the CRTC and CTA) become accessible.

The amendment we brought forward during the C-81 proceedings would have required the

Minister of Justice, on behalf of the Federal Government, to develop and implement a multi-

year plan to ensure that all federally controlled courts (e.g. the Supreme Court of Canada and

Federal Courts) as well as federally-created administrative tribunals become fully accessible to

court participants with disabilities, by the bill’s accessibility deadline. This should adopt and

build upon the work of the Ontario Courts Accessibility Committee, which oversees efforts on

accessibility for provincially-regulated courts in Ontario.

  1. Would your party pass the amendments to the ACA which the opposition proposed in the fall of 2018 in the House of Commons, which the Government had defeated, and which would strengthen the ACA?

 

Absolutely! The Liberals hailed this bill as a historical piece of legislation. But without substantial amendments, it is yet another in a long line of

Liberal half-measures. New Democrats are committed to ensuring that C-81 actually lives up to Liberal Party rhetoric.

Summary of the Election Pledges that the AODA Alliance Sought In Its July 18, 2019 Letter to the Federal Party Leaders

The specific pledges we seek include:

  1. Enforceable accessibility standard regulations should be enacted within four years.
  1. The ACA should be effectively enforced.
  1. Federal public money should never be used to create or perpetuate barriers.
  1. The ACA should never reduce the rights of people with disabilities.
  1. Section 172(3) of the ACA should be amended to remove its unfair and discriminatory ban on the Canadian Transportation Agency ever awarding monetary compensation to passengers with disabilities who are the victims of an undue barrier in federally-regulated transportation (like air travel), where a CTA regulation wrongly set the accessibility requirements too low.
  2. The ACA’s implementation and enforcement should be consolidated in One federal agency, not splintered among several of them.
  1. No federal laws should ever create or permit disability barriers.
  1. Federal elections should be made accessible to voters with disabilities.
  1. Power to exempt organizations from some ACA requirements should be eliminated or reduced.
  1. Federally-controlled courts and tribunals should be made disability-accessible.
  1. Proposed Opposition amendments to the ACA that were defeated in the House of Commons in 2018 and that would strengthen the ACA should be passed.



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Almost 8 Months After Receiving the Blistering Onley Report, Both Premier Doug Ford and His Accessibility Minister Write the AODA Alliance But Offer Nothing New to Strengthen the Implementation and Enforcement of Ontario’s Beleaguered Disabilities Act


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

August 26, 2019

SUMMARY

Two more letters have come in to the AODA Alliance from the Doug Ford Government. They were sent in response to an open letter which the Government received from us on July 10, 2019. The Government’s new letters offer Ontarians with disabilities simply more of the same foot-dragging on accessibility for people with disabilities. There is no indication of any new plan for a strengthened Government approach to accessibility for Ontarians with disabilities.

In substance these letters just repeat things the Government has already been doing on accessibility. These are measures that are proven to be insufficient to overcome the serious problems that the Onley Report documented in detail.

It is regrettably typical for governments in such a situation to simply regurgitate what it has been doing, instead of offering needed new actions. It is noteworthy that in listing its actions of which it is proud, the Government did not in these letters point to its deeply troubling plan to divert 1.3 million public dollars to the problem-ridden private accessibility certification program offered by the Rick Hansen Foundation. That Government plan has come under heavy criticism over the past months.

You can read both of the Government’s new letters below. You can read the July 10, 2019 open letter to the Doug Ford Government by visiting https://www.aodaalliance.org/whats-new/in-a-compelling-open-letter-21-disability-organizations-unite-to-call-on-the-doug-ford-government-to-announce-a-plan-to-implement-the-report-on-ontarios-disabilities-act-submitted-by-former-lieuten/

Meanwhile, an inexcusable 208 days have now passed since the Doug Ford Government received the final report of the Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). Yet Doug Ford’s Government has still announced no plan for implementing its key recommendations that would strengthen the AODA’s implementation and enforcement.

The July 10, 2019 open letter was originally co-signed by an impressive 21 community organizations and groups. The expanded list of signatories, set out later in this Update, has since grown to 27 organizations. If any organizations want to sign on, send us an email at [email protected]

Do you find this frustrating? There’s something you can do to help us! Join in our Dial Doug campaign. Call or email Premier Doug Ford. Ask him where is his plan to get Ontario to become accessible to over 2 million Ontarians with disabilities by 2025?

Doug Ford’s office number is +1 (416) 325-1941. His email address is [email protected]

We are delighted to hear from those who have already taken part in the Dial Doug campaign. Action tips on how to take part are available for you at https://www.aodaalliance.org/whats-new/join-in-our-new-dial-doug-campaign-a-grassroots-blitz-unveiled-today-to-get-the-doug-ford-government-to-make-ontario-open-for-over-1-9-million-ontarians-with-disabilities/

We also invite and encourage you to download, print up and give out our 1-page leaflet on the Dial Doug campaign. Spread the word about it. Email it to friends. Post it on your Facebook page. Our 1-page Dial Doug leaflet is available at https://www.aodaalliance.org/wp-content/uploads/2019/07/dial-doug-leaflet.docx https://www.aodaalliance.org/wp-content/uploads/2019/07/dial-doug-leaflet.docx

MORE DETAILS

A Closer Look — The Doug Ford Government’s Response to the July 10, 2019 Open Letter Just Offers Over 2 Million Ontarians with Disabilities More of the Same, Not Strong New Action

The July 10, 2019 open letter called on the Ford Government to announce a plan to implement the final report by former Ontario Lieutenant Governor David Onley, of his Independent Review of the implementation and enforcement of Ontario’s accessibility law, the AODA. The Onley Report found that the AODA’s required goal of becoming a fully accessible province for over 2 million Ontarians with disabilities is nowhere in sight. It concluded that Ontario remains replete with “soul-crushing” barriers against people with disabilities. That report recommended a series of important new measures needed to get Ontario back on schedule for becoming accessible by 2025.

The AODA Alliance led the preparation of this July 10, 2019 open letter. We did so after the Ford Government used its majority in the Legislature on May 30, 2019 to defeat a non-partisan motion by NDP MPP Joel Harden. That motion called on the Doug Ford Government to develop a plan to implement the Onley Report. Several MPPs from the Ford Government, including Accessibility Minister Raymond Cho, disparaged taking the action recommended in that proposed motion as “red tape”.

On that day, the Ford Government gave prepared speeches that sound like they reject the Onley Report’s recommendations as “red tape.” That is an extremely inaccurate and unfair description of the Onley Report. The Doug Ford Government has not retracted those statements in the three months since it made them.

The Ford Government’s two written responses to the July 10, 2019 open letter are deeply disappointing. They embody no plan of effective action, nor any pledge to establish one.

We heard once again in the Accessibility Minister’s August 19, 2019 letter that the Government is still studying the Onley Report. That report is only 81 pages. This is a top responsibility for the Accessibility Minister. David Onley’s key recommendations are ones which we have been presenting to all parties in the Legislature for years. This is not rocket science.

The Ford Government’s Accessibility Minister Raymond Cho had earlier studied this report sufficiently after having it for a little over two months that he publicly declared in the Legislature on April 10, 2019 that David Onley had done a marvelous job.” As we have noted in the past, the Doug Ford Government has shown itself willing to act quickly, decisively, and vigorously in areas that it considers important. In those areas, it has not taken almost eight months to keep studying a report. This delay of almost eight months is hardly consistent with the Accessibility Minister’s August 19, 2019 letter where the Government says it is taking the Onley Report “very seriously.”

In the Minister’s detailed letter, the Government did not say it would ever bring forward such a plan. We respectfully but profoundly disagree with the Ford Government’s claim in the Minister’s August 19, 2019 letter that the Government is now on the right track on accessibility. Its protracted failure to bring forward a plan to implement the Onley Report is proof positive that it is on the wrong track. The Minister wrote:

“We are on the right track to creating an Ontario where communities offer opportunities instead of barriers.

A place where everyone can be independent, work, and contribute to the economy wherever they live.”

Both the Minister’s August 19, 2019 letter and the Premier’s July 24, 2019 letter raise a serious concern that the Doug Ford Government is not even trying to ensure that Ontario becomes accessible to over 2 million Ontarians with disabilities, the goal which the AODA requires by 2025. Those letters speak instead about merely trying to “improve accessibility” and about “making Ontario more accessible and preventing barriers for people with disabilities.”

It is not good enough for the Government to merely aim to improve accessibility. Just one new ramp, installed somewhere in Ontario, or just one newly-retrofitted website, would fulfil that feeble goal.

In his August 19, 2019 letter, the Minister pointed in support to his Government’s having agreed to resume the work of the Health Care and Education Standards Development Committees. The Minister’s August 19, 2019 letter states:

“Right after tabling the report, we announced that we would be resuming the Health Care and Education Standards Development Committees. As the Minister, I was proud to immediately begin working with the chairs to re-start work on these valuable committees.”

Yet it was the Ford Government itself that left those important Standards Development Committees frozen since the Government took power in June 2019. Moreover, even though the Ford Government announced on March 7, 2019 that it was lifting its freeze on the work of those Standards Development Committees, over five months have passed since then. Those committees have not held a meeting, as far as we can tell. As an initial step, the K-12 Education Standards Development Committee is expected to hold its first re-engagement telephone conference call some time on September 10, 2019. That is a small glimmer of progress, that will take place over six months after the Ford Government lifted this freeze, and over 14 months after this freeze was first imposed.

The rest of the Minister’s August 19, 2019 letter basically rehashes what we had been hearing for years from the Wynne Government. The Onley Report adds up to a stinging indictment of that strategy as far too little and far too slow. For example, the Accessibility Minister’s August 19, 2019 letter summarizes what the Government says it is now doing on accessibility as follows:

Weve also taken action through a number of key initiatives, including working across government to take a whole-of-government approach to accessibility, supporting businesses to better understand accessibility and its benefits, and engaging with employers through our Employers Partnership Table.”

It is true that the Onley Report recommends that the Ontario Government take a “whole of Government approach” to accessibility. However, all the Minister’s August 19, 2019 letter does is to repeat this phrase without specifying any concrete changes, much less any substantial improvements. The previous Government similarly claimed to be taking a whole of Government approach to accessibility, without demonstrating concrete improvements.

The Minister’s August 19, 2019 letter refers to its strategy within the Government which is very similar to, if not identical to, the internal Government strategy of the Wynne Government (2013-2018, the McGuinty Government before that (2003-2013, and the Mike Harris Government before those two (1995-2003), as follows:

“As Mr. Onley recommended, we are working across ministries to make accessibility a responsibility of all ministries and inform a whole-of-government approach to advancing accessibility.

As part of this work, we are working with ministries to look at their policies, programs and services and identifying areas where we can work together to remove the barriers faced by Ontarios 2.6 million people with disabilities.”

The Minister’s August 19, 2019 letter focuses predominantly if not entirely on efforts to educate organizations on accessibility, and efforts to get organizations to voluntarily do more. The letter refers to two specific initiatives which the former Wynne Government had been using for years, the Enabling Change Fund and the Government’s Partnership Council on Employment for People with disabilities. As a core Government strategy on accessibility, that is a formula for more progress at a snail’s pace. The Onley Report’s recommendations call for the Government to do much, much more.

The only tiny glimmer of progress in these letters came where the Minister stated:

“For example, with our ministry partners, we have begun discussions with the Ontario Building Officials Association and the Retail Council of Canada and have been meeting with other stakeholders such as the Ontario Association of Architects.”

To “begin discussions” is very preliminary. We ask the Government to speed up this effort and to now bring us to the table with those organizations and with an ambitious plan for action, so we can work together throughout on progress.

We also again urge the Ford Government to now fulfil its duty under the AODA to appoint a Standards Development Committee to review the 2012 Public Spaces Accessibility Standard, and to mandate that committee to make recommendations for a comprehensive Built Environment Accessibility Standard under the AODA. It’s time the Ontario Government obeyed the AODA. Both the Doug Ford Government and the previous Wynne Government stand together as having violated the requirement to appoint that mandatory review of the Public Spaces Accessibility Standard by the end of 2017. To take these action we seek is consistent with the Onley Report’s recommendations.

Premier Doug ford’s July 24, 2019 letter to us is no more encouraging than is the Accessibility Minister’s August 19, 2019 letter. As he has in all his prior letters to us since taking power, Premier Ford simply punted all our issues back to Accessibility Minister Raymond Cho. There are two powerful reasons why this is insufficient for over 2 million Ontarians with disabilities:

First, the Onley Report itself called for new Government leadership on accessibility, pointing to the premier’s office. The report included the damning heading “Restoring Government Leadership.” The Onley Report 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.”

Second, key areas where we need action are ones which the Premier himself must take. The Accessibility Minister, acting alone, cannot do so. We listed examples of priority actions in the AODA Alliance’s July 19, 2018 letter to Premier Ford. Premier Ford’s response to that letter was to punt it entirely to Accessibility Minister Cho.

Text of the August 19, 2019 Letter to the AODA Alliance from Ontario Accessibility Minister Raymond Cho

Minister for Seniors and Accessibility
Minister

College Park, 5th Floor
777 Bay St.
Toronto ON M7A 1S5

Ministre des Services aux aînés et de lAccessibilitée Ministre

College Park, 5ème étage
rue 777 Bay
Toronto ON M7A 1S5

August 20, 2019

Mr. David Lepofsky

Dear Mr. Lepofsky:

I would like to respond to your Open Letter to the Premier of Ontario, dated July 10, 2019.

Thank you for sharing your concerns and for continuing to raise this very important issue.
We are taking Mr. Onleys report on the Third Legislative Review very seriously as we continue to work towards making Ontario more accessible.

In an effort to be open and transparent, we tabled Mr. Onleys report and made it public as soon as possible, just over a month after receiving it.

Right after tabling the report, we announced that we would be resuming the Health Care and Education Standards Development Committees. As the Minister, I was proud to immediately begin working with the chairs to re-start work on these valuable committees.

Weve also taken action through a number of key initiatives, including working across government to take a whole-of-government approach to accessibility, supporting businesses to better understand accessibility and its benefits, and engaging with employers through our Employers Partnership Table.

As Mr. Onley recommended, we are working across ministries to make accessibility a responsibility of all ministries and inform a whole-of-government approach to advancing accessibility.

As part of this work, we are working with ministries to look at their policies, programs and services and identifying areas where we can work together to remove the barriers faced by Ontarios 2.6 million people with disabilities.

For example, with our ministry partners, we have begun discussions with the Ontario Building Officials Association and the Retail Council of Canada and have been meeting with other stakeholders such as the Ontario Association of Architects. We will continue to work collaboratively with other ministries to promote accessibility and explore opportunities to develop resources and make it easier to understand how to build using universal design principles.

We continue our outreach with people with disabilities and disability organizations, and consult with businesses, non-profits and industry groups to get their perspectives on how to improve accessibility in Ontario.

On employment, we are working through our Employers Partnership Table, which was brought together to support the creation of employment opportunities for people with disabilities. The Table is comprised of 17 members representing a range of small, medium and large businesses, industry associations, non-profit and public organizations, and post-secondary education institutions from across Ontario. It is currently developing business cases to demonstrate that hiring people with disabilities improves the bottom line because productivity goes up.

The table will share their work and experiences with other businesses in Ontario to help them realize the benefits of employing people with disabilities. We will continue to consult with businesses and business associations through the Employers Partnership Table and other forums.

Government alone cannot create a barrier free Ontario.

That is why while all the work on the Onley report is ongoing, I have been hard at work every day meeting with Ontarians and engaging with disability and business stakeholders to make accessibility into a reality in this province.

We work closely with many partners to spread the word about the importance of accessibility.

We partnered with OCAD Universitys Inclusive Design Research Centre to develop “Our Doors Are Open: Guide for Accessible Congregations” which was shared and highlighted at the 2018 Parliament of Worlds Religions Conference. The guide offers simple, creative ideas for different faith communities in our province to increase accessibility during worship services and community events.

We also support some of these partners through a program called Enabling Change. Some recent examples of EnAbling Change projects include:
* A resource guide produced by the Ontario Business Improvement Area Association. The guide gives helpful tips for businesses on how to become more inclusive and accessible including addressing barriers in the built environment such as entrances and exits, space layout and design.
* A partnership with the Conference Board of Canada to develop: Making Your Business Accessible for People with Disabilities which is a guide that helps small businesses employ and serve people with disabilities, attract customers and improve services.
* AccessForward.ca which is a free online training portal with modules and videos that businesses can use to train staff on Ontarios accessibility laws

We will continue to work with businesses and communities to help them better understand the benefits of accessibility. To address the recommendation in the Third Legislative Review on creating a comprehensive website for accessibility resources, we have taken steps to begin re-designing our ministry website to make it a comprehensive one stop shop on accessibility for the public and businesses. In order to make it easier for businesses to access resources on accessibility, we have created a new webpage dedicated to supporting businesses with practical guides and resources to help them understand the benefits of accessibility and break down barriers for people with disabilities.

A business that commits to accessibility sends a strong message that people with disabilities are welcome. For this reason, it is much more likely to attract people with disabilities and their families. This goes for any and all businesses in Ontario that are providing goods and services to the public.

Accessibility is a journey and we are eager to continue to work with all our partners in the disability community, not-for-profit, public and private sector to make change that will have a positive impact on the daily lives of people with disabilities and seniors.

We are on the right track to creating an Ontario where communities offer opportunities instead of barriers.

A place where everyone can be independent, work, and contribute to the economy wherever they live.

Thank you again for writing and please accept my best wishes.

Sincerely,

(Original signed by)

Raymond Cho
Minister

c: The Honourable Doug Ford

Text of the July 24, 2019 Letter to the AODA Alliance From Premier Doug Ford

Dear Mr. Lepofsky and Colleagues:
Thanks very much for writing to me about the Honourable David C. Onley’s review of the Accessibility for Ontarians with Disabilities Act, 2005. I appreciate hearing your views and concerns.
My team is here for all the people. We are working to make our province a great place for all the people of Ontario today, and every day. Our government remains committed to making Ontario more accessible and preventing barriers for people with disabilities.
I note that you have sent a copy of your email to the Honourable Raymond Cho, Minister for Seniors and Accessibility. As the issue you raised falls in his area of responsibility, I have asked that he respond to you as soon as possible. Thanks again for contacting me.

Doug Ford
Premier of Ontario
C: The Honourable Raymond Cho

Please note that this email account is not monitored. For further inquiries, kindly direct your online message through https://correspondence.premier.gov.on.ca/en/feedback/default.aspx.

Updated List of Signatories to the July 10, 2019 Open Letter to the Ontario Government As of August 26, 2019

As of August 23, 2019, the following 27 organizations and groups are signatories to the July 10, 2019 Open Letter to the Ford Government on the need to promptly implement the Onley Report:

1. AODA Alliance
2. CNIB
3. March of Dimes Canada
4. Older Women’s’ Network
5. Ontario Autism Coalition
6. Communication Disabilities Access Canada (CDAC)
7. StopGap Foundation
8. BALANCE for Blind Adults
9. Community Living Ontario
10. DeafBlind Ontario Services)
11. Ontario Disability Coalition
12. Guide Dog Users of Canada
13. Views for the Visually Impaired
14. Physicians of Ontario Neurodevelopmental Advocacy (PONDA) 15. ARCH Disability Law Centre
16. Easter Seals Ontario
17. Inclusive Design Research Centre, Ontario College of Art and Design University 18. Centre for Independent Living in Toronto CILT
19. Canadian Disability Policy Alliance
20. Alliance for Equality of Blind Canadians (AEBC)
21. Citizens With Disabilities – Ontario
22. Autism Ontario
23. Electromagnetic Pollution Illnesses Canada Foundation (EPIC) 24. Holland Bloorview Kids Rehab Centre
25. Disability Justice Network of Ontario (DJNO)
26. Unitarian Commons Co-Housing Corporation
27. Peterborough Council for Persons with Disabilities [CPD]




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Almost 8 Months After Receiving the Blistering Onley Report, Both Premier Doug Ford and His Accessibility Minister Write the AODA Alliance But Offer Nothing New to Strengthen the Implementation and Enforcement of Ontario’s Beleaguered Disabilities Act


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

Almost 8 Months After Receiving the Blistering Onley Report, Both Premier Doug Ford and His Accessibility Minister Write the AODA Alliance But Offer Nothing New to Strengthen the Implementation and Enforcement of Ontario’s Beleaguered Disabilities Act

August 26, 2019

          SUMMARY

Two more letters have come in to the AODA Alliance from the Doug Ford Government. They were sent in response to an open letter which the Government received from us on July 10, 2019. The Government’s new letters offer Ontarians with disabilities simply more of the same foot-dragging on accessibility for people with disabilities. There is no indication of any new plan for a strengthened Government approach to accessibility for Ontarians with disabilities.

In substance these letters just repeat things the Government has already been doing on accessibility. These are measures that are proven to be insufficient to overcome the serious problems that the Onley Report documented in detail.

It is regrettably typical for governments in such a situation to simply regurgitate what it has been doing, instead of offering needed new actions. It is noteworthy that in listing its actions of which it is proud, the Government did not in these letters point to its deeply troubling plan to divert 1.3 million public dollars to the problem-ridden private accessibility certification program offered by the Rick Hansen Foundation. That Government plan has come under heavy criticism over the past months.

You can read both of the Government’s new letters below. You can read the July 10, 2019 open letter to the Doug Ford Government by visiting https://www.aodaalliance.org/whats-new/in-a-compelling-open-letter-21-disability-organizations-unite-to-call-on-the-doug-ford-government-to-announce-a-plan-to-implement-the-report-on-ontarios-disabilities-act-submitted-by-former-lieuten/

Meanwhile, an inexcusable 208 days have now passed since the Doug Ford Government received the final report of the Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). Yet Doug Ford’s Government has still announced no plan for implementing its key recommendations that would strengthen the AODA’s implementation and enforcement.

The July 10, 2019 open letter was originally co-signed by an impressive 21 community organizations and groups. The expanded list of signatories, set out later in this Update, has since grown to 27 organizations. If any organizations want to sign on, send us an email at [email protected]

Do you find this frustrating? There’s something you can do to help us! Join in our Dial Doug campaign. Call or email Premier Doug Ford. Ask him where is his plan to get Ontario to become accessible to over 2 million Ontarians with disabilities by 2025?

Doug Ford’s office number is +1 (416) 325-1941. His email address is [email protected]

We are delighted to hear from those who have already taken part in the Dial Doug campaign. Action tips on how to take part are available for you at https://www.aodaalliance.org/whats-new/join-in-our-new-dial-doug-campaign-a-grassroots-blitz-unveiled-today-to-get-the-doug-ford-government-to-make-ontario-open-for-over-1-9-million-ontarians-with-disabilities/

We also invite and encourage you to download, print up and give out our 1-page leaflet on the Dial Doug campaign. Spread the word about it. Email it to friends. Post it on your Facebook page. Our 1-page Dial Doug leaflet is available at https://www.aodaalliance.org/wp-content/uploads/2019/07/dial-doug-leaflet.docx

https://www.aodaalliance.org/wp-content/uploads/2019/07/dial-doug-leaflet.docx

          MORE DETAILS

A Closer Look — The Doug Ford Government’s Response to the July 10, 2019 Open Letter Just Offers Over 2 Million Ontarians with Disabilities More of the Same, Not Strong New Action

The July 10, 2019 open letter called on the Ford Government to announce a plan to implement the final report by former Ontario Lieutenant Governor David Onley, of his Independent Review of the implementation and enforcement of Ontario’s accessibility law, the AODA. The Onley Report found that the AODA’s required goal of becoming a fully accessible province for over 2 million Ontarians with disabilities is nowhere in sight. It concluded that Ontario remains replete with “soul-crushing” barriers against people with disabilities. That report recommended a series of important new measures needed to get Ontario back on schedule for becoming accessible by 2025.

The AODA Alliance led the preparation of this July 10, 2019 open letter. We did so after the Ford Government used its majority in the Legislature on May 30, 2019 to defeat a non-partisan motion by NDP MPP Joel Harden. That motion called on the Doug Ford Government to develop a plan to implement the Onley Report. Several MPPs from the Ford Government, including Accessibility Minister Raymond Cho, disparaged taking the action recommended in that proposed motion as “red tape”.

On that day, the Ford Government gave prepared speeches that sound like they reject the Onley Report’s recommendations as “red tape.” That is an extremely inaccurate and unfair description of the Onley Report. The Doug Ford Government has not retracted those statements in the three months since it made them.

The Ford Government’s two written responses to the July 10, 2019 open letter are deeply disappointing. They embody no plan of effective action, nor any pledge to establish one.

We heard once again in the Accessibility Minister’s August 19, 2019 letter that the Government is still studying the Onley Report. That report is only 81 pages. This is a top responsibility for the Accessibility Minister. David Onley’s key recommendations are ones which we have been presenting to all parties in the Legislature for years. This is not rocket science.

The Ford Government’s Accessibility Minister Raymond Cho had earlier studied this report sufficiently after having it for a little over two months that he publicly declared in the Legislature on April 10, 2019 that David Onley had done a “marvelous job.” As we have noted in the past, the Doug Ford Government has shown itself willing to act quickly, decisively, and vigorously in areas that it considers important. In those areas, it has not taken almost eight months to keep studying a report. This delay of almost eight months is hardly consistent with the Accessibility Minister’s August 19, 2019 letter where the Government says it is taking the Onley Report “very seriously.”

In the Minister’s detailed letter, the Government did not say it would ever bring forward such a plan. We respectfully but profoundly disagree with the Ford Government’s claim in the Minister’s August 19, 2019 letter that the Government is now on the right track on accessibility. Its protracted failure to bring forward a plan to implement the Onley Report is proof positive that it is on the wrong track. The Minister wrote:

“We are on the right track to creating an Ontario where communities offer opportunities instead of barriers.

A place where everyone can be independent, work, and contribute to the economy – wherever they live.”

Both the Minister’s August 19, 2019 letter and the Premier’s July 24, 2019 letter raise a serious concern that the Doug Ford Government is not even trying to ensure that Ontario becomes accessible to over 2 million Ontarians with disabilities, the goal which the AODA requires by 2025. Those letters speak instead about merely trying to “improve accessibility” and about “making Ontario more accessible and preventing barriers for people with disabilities.”

It is not good enough for the Government to merely aim to “improve accessibility.” Just one new ramp, installed somewhere in Ontario, or just one newly-retrofitted website, would fulfil that feeble goal.

In his August 19, 2019 letter, the Minister pointed in support to his Government’s having agreed to resume the work of the Health Care and Education Standards Development Committees. The Minister’s August 19, 2019 letter states:

“Right after tabling the report, we announced that we would be resuming the Health Care and Education Standards Development Committees. As the Minister, I was proud to immediately begin working with the chairs to re-start work on these valuable committees.”

Yet it was the Ford Government itself that left those important Standards Development Committees frozen since the Government took power in June 2019. Moreover, even though the Ford Government announced on March 7, 2019 that it was lifting its freeze on the work of those Standards Development Committees, over five months have passed since then. Those committees have not held a meeting, as far as we can tell. As an initial step, the K-12 Education Standards Development Committee is expected to hold its first re-engagement telephone conference call some time on September 10, 2019. That is a small glimmer of progress, that will take place over six months after the Ford Government lifted this freeze, and over 14 months after this freeze was first imposed.

The rest of the Minister’s August 19, 2019 letter basically rehashes what we had been hearing for years from the Wynne Government. The Onley Report adds up to a stinging indictment of that strategy as far too little and far too slow. For example, the Accessibility Minister’s August 19, 2019 letter summarizes what the Government says it is now doing on accessibility as follows:

“We’ve also taken action through a number of key initiatives, including working across government to take a whole-of-government approach to accessibility, supporting businesses to better understand accessibility and its benefits, and engaging with employers through our Employers’ Partnership Table.”

It is true that the Onley Report recommends that the Ontario Government take a “whole of Government approach” to accessibility. However, all the Minister’s August 19, 2019 letter does is to repeat this phrase without specifying any concrete changes, much less any substantial improvements. The previous Government similarly claimed to be taking a whole of Government approach to accessibility, without demonstrating concrete improvements.

The Minister’s August 19, 2019 letter refers to its strategy within the Government which is very similar to, if not identical to, the internal Government strategy of the Wynne Government (2013-2018, the McGuinty Government before that (2003-2013, and the Mike Harris Government before those two (1995-2003), as follows:

“As Mr. Onley recommended, we are working across ministries to make accessibility a responsibility of all ministries and inform a whole-of-government approach to advancing accessibility.

As part of this work, we are working with ministries to look at their policies, programs and services and identifying areas where we can work together to remove the barriers faced by Ontario’s 2.6 million people with disabilities.”

The Minister’s August 19, 2019 letter focuses predominantly if not entirely on efforts to educate organizations on accessibility, and efforts to get organizations to voluntarily do more. The letter refers to two specific initiatives which the former Wynne Government had been using for years, the Enabling Change Fund and the Government’s Partnership Council on Employment for People with disabilities. As a core Government strategy on accessibility, that is a formula for more progress at a snail’s pace. The Onley Report‘s recommendations call for the Government to do much, much more.

The only tiny glimmer of progress in these letters came where the Minister stated:

“For example, with our ministry partners, we have begun discussions with the Ontario Building Officials Association and the Retail Council of Canada and have been meeting with other stakeholders such as the Ontario Association of Architects.”

To “begin discussions” is very preliminary. We ask the Government to speed up this effort and to now bring us to the table with those organizations and with an ambitious plan for action, so we can work together throughout on progress.

We also again urge the Ford Government to now fulfil its duty under the AODA to appoint a Standards Development Committee to review the 2012 Public Spaces Accessibility Standard, and to mandate that committee to make recommendations for a comprehensive Built Environment Accessibility Standard under the AODA. It’s time the Ontario Government obeyed the AODA. Both the Doug Ford Government and the previous Wynne Government stand together as having violated the requirement to appoint that mandatory review of the Public Spaces Accessibility Standard by the end of 2017. To take these action we seek is consistent with the Onley Report’s recommendations.

Premier Doug ford’s July 24, 2019 letter to us is no more encouraging than is the Accessibility Minister’s August 19, 2019 letter. As he has in all his prior letters to us since taking power, Premier Ford simply punted all our issues back to Accessibility Minister Raymond Cho. There are two powerful reasons why this is insufficient for over 2 million Ontarians with disabilities:

First, the Onley Report itself called for new Government leadership on accessibility, pointing to the premier’s office. The report included the damning heading “Restoring Government Leadership.” The Onley Report 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.”

Second, key areas where we need action are ones which the Premier himself must take. The Accessibility Minister, acting alone, cannot do so. We listed examples of priority actions in the AODA Alliance’s July 19, 2018 letter to Premier Ford. Premier Ford’s response to that letter was to punt it entirely to Accessibility Minister Cho.

Text of the August 19, 2019 Letter to the AODA Alliance from Ontario Accessibility Minister Raymond Cho

 

Minister for Seniors and Accessibility
Minister

College Park, 5th Floor
777 Bay St.
Toronto ON M7A 1S5

Ministre des Services aux aînés et de l’Accessibilitée Ministre

College Park, 5ème étage
rue 777 Bay
Toronto ON M7A 1S5

August 20, 2019

Mr. David Lepofsky

Dear Mr. Lepofsky:

I would like to respond to your Open Letter to the Premier of Ontario, dated July 10, 2019.

Thank you for sharing your concerns and for continuing to raise this very important issue.

We are taking Mr. Onley’s report on the Third Legislative Review very seriously as we continue to work towards making Ontario more accessible.

In an effort to be open and transparent, we tabled Mr. Onley’s report and made it public as soon as possible, just over a month after receiving it.

Right after tabling the report, we announced that we would be resuming the Health Care and Education Standards Development Committees. As the Minister, I was proud to immediately begin working with the chairs to re-start work on these valuable committees.

We’ve also taken action through a number of key initiatives, including working across government to take a whole-of-government approach to accessibility, supporting businesses to better understand accessibility and its benefits, and engaging with employers through our Employers’ Partnership Table.

As Mr. Onley recommended, we are working across ministries to make accessibility a responsibility of all ministries and inform a whole-of-government approach to advancing accessibility.

As part of this work, we are working with ministries to look at their policies, programs and services and identifying areas where we can work together to remove the barriers faced by Ontario’s 2.6 million people with disabilities.

For example, with our ministry partners, we have begun discussions with the Ontario Building Officials Association and the Retail Council of Canada and have been meeting with other stakeholders such as the Ontario Association of Architects. We will continue to work collaboratively with other ministries to promote accessibility and explore opportunities to develop resources and make it easier to understand how to build using universal design principles.

We continue our outreach with people with disabilities and disability organizations, and consult with businesses, non-profits and industry groups to get their perspectives on how to improve accessibility in Ontario.

On employment, we are working through our Employers’ Partnership Table, which was brought together to support the creation of employment opportunities for people with disabilities. The Table is comprised of 17 members representing a range of small, medium and large businesses, industry associations, non-profit and public organizations, and post-secondary education institutions from across Ontario. It is currently developing business cases to demonstrate that hiring people with disabilities improves the bottom line because productivity goes up.

The table will share their work and experiences with other businesses in Ontario to help them realize the benefits of employing people with disabilities. We will continue to consult with businesses and business associations through the Employers Partnership Table and other forums.

Government alone cannot create a barrier free Ontario.

That is why while all the work on the Onley report is ongoing, I have been hard at work every day meeting with Ontarians and engaging with disability and business stakeholders to make accessibility into a reality in this province.

We work closely with many partners to spread the word about the importance of accessibility.

We partnered with OCAD University’s Inclusive Design Research Centre to develop “Our Doors Are Open: Guide for Accessible Congregations” which was shared and highlighted at the 2018 Parliament of World’s Religions Conference. The guide offers simple, creative ideas for different faith communities in our province to increase accessibility during worship services and community events.

We also support some of these partners through a program called Enabling Change.

Some recent examples of EnAbling Change projects include:

  • A resource guide produced by the Ontario Business Improvement Area Association. The guide gives helpful tips for businesses on how to become more inclusive and accessible including addressing barriers in the built environment such as entrances and exits, space layout and design.
  • A partnership with the Conference Board of Canada to develop: Making Your Business Accessible for People with Disabilities which is a guide that helps small businesses employ and serve people with disabilities, attract customers and improve services.
  • ca which is a free online training portal with modules and videos that businesses can use to train staff on Ontario’s accessibility laws

We will continue to work with businesses and communities to help them better understand the benefits of accessibility. To address the recommendation in the Third Legislative Review on creating a comprehensive website for accessibility resources, we have taken steps to begin re-designing our ministry website to make it a comprehensive one stop shop on accessibility for the public and businesses. In order to make it easier for businesses to access resources on accessibility, we have created a new webpage dedicated to supporting businesses with practical guides and resources to help them understand the benefits of accessibility and break down barriers for people with disabilities.

A business that commits to accessibility sends a strong message that people with disabilities are welcome. For this reason, it is much more likely to attract people with disabilities and their families. This goes for any and all businesses in Ontario that are providing goods and services to the public.

Accessibility is a journey and we are eager to continue to work with all our partners in the disability community, not-for-profit, public and private sector to make change that will have a positive impact on the daily lives of people with disabilities and seniors.

We are on the right track to creating an Ontario where communities offer opportunities instead of barriers.

A place where everyone can be independent, work, and contribute to the economy – wherever they live.

Thank you again for writing and please accept my best wishes.

Sincerely,

(Original signed by)

Raymond Cho

Minister

c: The Honourable Doug Ford

Text of the July 24, 2019 Letter to the AODA Alliance From Premier Doug Ford

Dear Mr. Lepofsky and Colleagues:

Thanks very much for writing to me about the Honourable David C. Onley’s review of the Accessibility for Ontarians with Disabilities Act, 2005. I appreciate hearing your views and concerns.

My team is here for all the people. We are working to make our province a great place for all the people of Ontario today, and every day. Our government remains committed to making Ontario more accessible and preventing barriers for people with disabilities.

I note that you have sent a copy of your email to the Honourable Raymond Cho, Minister for Seniors and Accessibility. As the issue you raised falls in his area of responsibility, I have asked that he respond to you as soon as possible.

Thanks again for contacting me.

Doug Ford

Premier of Ontario

C: The Honourable Raymond Cho

Please note that this email account is not monitored. For further inquiries, kindly direct your online message through https://correspondence.premier.gov.on.ca/en/feedback/default.aspx.

Updated List of Signatories to the July 10, 2019 Open Letter to the Ontario Government As of August 26, 2019

As of August 23, 2019, the following 27 organizations and groups  are signatories to the July 10, 2019 Open Letter to the Ford Government on the need to promptly implement the Onley Report:

  1. AODA Alliance
  2. CNIB
  3. March of Dimes Canada
  4. Older Women’s’ Network
  5. Ontario Autism Coalition
  6. Communication Disabilities Access Canada (CDAC)
  7. StopGap Foundation
  8. BALANCE for Blind Adults
  9. Community Living Ontario
  10. DeafBlind Ontario Services)
  11. Ontario Disability Coalition
  12. Guide Dog Users of Canada
  13. Views for the Visually Impaired
  14. Physicians of Ontario Neurodevelopmental Advocacy (PONDA)
  15. ARCH Disability Law Centre
  16. Easter Seals Ontario
  17. Inclusive Design Research Centre, Ontario College of Art and Design University
  18. Centre for Independent Living in Toronto CILT
  19. Canadian Disability Policy Alliance
  20. Alliance for Equality of Blind Canadians (AEBC)
  21. Citizens With Disabilities – Ontario
  22. Autism Ontario
  23. Electromagnetic Pollution Illnesses Canada Foundation (EPIC)
  24. Holland Bloorview Kids Rehab Centre
  25. Disability Justice Network of Ontario (DJNO)
  26. Unitarian Commons Co-Housing Corporation
  27. Peterborough Council for Person’s with Disabilities [CPD]



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