The Third Review of the AODA


Every four years, the Lieutenant Governor of Ontario appoints someone to review the AODA. This reviewer spends time meeting with the public, especially people with disabilities, discussing possible improvements the AODA might need. Based on this public feedback, the reviewer writes a report about how effective the AODA and its mandates are. In addition, the reviewer recommends steps the government can take to improve the Act. The reviewer then submits this report to the Minister in charge of the AODA. The third review of the AODA became public in 2019.

The Third Review of the AODA

The Honourable David C. Onley, former Lieutenant Governor of Ontario, wrote the third review of the AODA. In this review, he outlines many barriers that Ontarians with disabilities encounter every day. Moreover, Onley states that the current AODA does not do enough to remove or prevent barriers. In short, Onley states that the current AODA will not meet its goal of making Ontario fully accessible by 2025. However, he recommends many changes the government can make that will help the AODA become better law. In addition, Onley recommends how changes to our culture can help people understand disability more clearly. As a result of this clearer understanding, Ontarians may be more willing to create a barrier-free province.

Furthermore, Onley outlines steps that the first and second reviewers of the AODA have recommended. In many cases, the government has not yet taken these steps. Therefore, some of the steps Onley recommends repeat suggestions that other reviewers have already made. Nonetheless, these suggestions are still important for the government to follow. In fact, they may be more important, because people with disabilities have waited for them for almost ten years.

Our next series of articles will explore Onley’s recommendations in the third review of the AODA. We will outline the steps that Onley recommends to make the AODA better and make Ontario truly accessible.




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


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
NEWS RELEASE – FOR IMMEDIATE RELEASE

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

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

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

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

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

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

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

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

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

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

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

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

Text of the Ford Governments January 28, 2020 Announcement In Response to the Onley Report

Ontario Establishes a New Framework to Continue Progress on Accessibility Applying Cross-Government Actions to Advance Accessibility

NEWS
January 28, 2020
TORONTO When a society is inclusive and barrier-free, people can fully participate in their communities. Making Ontario a province where communities and businesses are accessible for everyone benefits us all.

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

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

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

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

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

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

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

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

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

QUICK FACTS

* There are 2.6 million people in Ontario that have a disability.

* The government is investing $1.3 million over two years for the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in Ontario to help remove barriers in buildings. An update on the program will be announced shortly.

* Further information on the other key areas in Advancing Accessibility in Ontario will be announced in the coming weeks.

ADDITIONAL RESOURCES

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

Accessibility for Ontarians with Disabilities Act

Accessibility in Ontario: Information for Businesses web page

-30-

MEDIA CONTACTS

Pooja Parekh
Ministers Office
[email protected]

Matt Gloyd
Communications Branch
647-268-7233
[email protected]
ontario.ca/msaa-news
Disponible en français
Ontario Government Backgrounder

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

BACKGROUNDER
January 28, 2020Advancing Accessibility in Ontario is a cross-government framework that will help focus the governments work in four key areas. The four key areas are:

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

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

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

* Making buildings safer and more accessible for people with disabilities by increasing harmonization of Ontarios Building Code with the National Construction Codes. This process is reducing barriers and has resulted in accessibility changes, including new requirements for the design of barrier-free ramps, clearer accessibility requirements in barrier-free washrooms and easier-to-understand requirements for universal washrooms in large buildings and equipment such as grab bars and faucets.

* Investing $1.3 million over two years for the Rick Hansen Foundation to launch the Rick Hansen Foundation Accessibility Certification program in Ontario to help remove barriers in buildings. An update on the program will be announced shortly.

* Improving access to buildings and places for people with disabilities by working with key partners in architecture, design, and building. We are exploring ways to enhance training for those practicing in the field and undertaking discussions with the post-secondary sector to reach a new generation of professionals. For example:
o We are partnering with the Ontario Building Officials Association to enhance its curriculum and training on accessibility, helping to ensure that new and existing buildings can be planned and built to be more accessible.
o The Royal Architecture Institute of Canada is introducing a new course on accessibility to be available March 2020. Introduction to Successful Accessible Design will analyze the impacts of accessibility in society, the built environment, and the development industry. The course will be offered in English and French, both as a complete university graduate level course and as a continuing education course for practicing professionals.

* Making places of worship more accessible so people can connect with their faith groups by funding Our Doors Are Open a free guide created by OCAD University that provides practical information on how places of worship can remove physical barriers to accessibility.

* Helping main street businesses earn more customers and employees by providing them with tips on how to become more accessible through funding a free handbook created by the Ontario Business Improvement Area Association called The Business of Accessibility: How to Make Your Main Street Business Accessibility Smart.

* Giving retailers of all sizes in Ontario practical information on how to make their store more welcoming for customers and staff with disabilities by funding EnAbling Change for Retailers: Make your Store Accessible a free guide created by Retail Council of Canada that covers how stores can implement accessibility in their communications, customer service and recruitment and retention.

* Providing $1.4 billion in funding for the 2019-20 school year to help school boards provide safe and healthy learning environments for students, such as installing important accessibility features like elevators and ramps.

* Ensuring better access for people with disabilities throughout Ontario by continuing to require that all public transportation vehicles bought with provincial funding be accessible.

* Continuing to help Ontario residents with long-term mobility disabilities remain in their homes and participate in their communities by funding the Home & Vehicle Modification Program, which is administered by March of Dimes Canada. With an annual investment of $10.6 million, this program reduces safety risks by approving grants up to $15,000 to make basic home and vehicle modifications.

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

* Funding free resources and training materials for the building sector through the EnAbling Change Program to further educate associations and employers about how to improve accessibility in the built environment. Many of these resources are available on a comprehensive one-stop-shop government web page that provides businesses and communities with information to help them be more accessible and inclusive.

* We are committed to developing an innovation guide with the Ministry of Municipal Affairs and Housing that will be used to support the implementation of Ontarios Housing Supply Action Plan. The action plan will address housing challenges and support fresh approaches to help make homes more accessible.

MEDIA CONTACTS

Matt Gloyd
Communications Branch
647-268-7233
[email protected]
ontario.ca/msaa-news
Disponible en français




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


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

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

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

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

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

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

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

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

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

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

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

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

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

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

Twitter: @aodaalliance

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

Ontario Establishes a New Framework to Continue Progress on Accessibility

Applying Cross-Government Actions to Advance Accessibility

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

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

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

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

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

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

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

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

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

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

QUICK FACTS

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

ADDITIONAL RESOURCES

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

Accessibility for Ontarians with Disabilities Act

 

Accessibility in Ontario: Information for Businesses web page

-30-

Ontario Government Backgrounder

Advancing Accessibility in Ontario:

Breaking down barriers in the built environment

BACKGROUNDER January 28, 2020

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

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

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

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

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

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

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

Matt Gloyd

Communications Branch

647-268-7233

[email protected]

ontario.ca/msaa-news

Disponible en français



Source link

Sarnia This Week: Year In Review


Postmedia Staff
Published on: January 16, 2020

A new, accessible playground, the first of its kind in Sarnia, opened at Canatara Park in early December.

More than a playground, the wheelchair-accessible play structure atop a poured-in-place rubber base, also features nearby benches with built-in games tables, a stage area for theatre beside the existing picnic pavilion, and exercise equipment.

“We just wanted to create a space that, whether you’re playing or a caregiver here to watch their kids play, there’s something to do,” said city recreation and planning manager Ryan Chamney.

The project cost roughly $335,000, and was partly funded with $80,000 and $90,000 in total from all three of Sarnia’s Rotary clubs.

“We got a lot for what we spent,” said Chamney.

The Canatara Park ” Rotary Clubs of Sarnia Accessible Playground and Community Hub project is step one of nine in accessibility upgrades eyed for playgrounds in various city parks, he said.

Tecumseh Park is up next. Work is planned to start there later in 2020 and likely wrap up in 2021, Chamney said.

The Sarnia-Lambton Centre Communautaire Francophone unveiled its newly upgraded kitchen facilities on Dec. 6, a project completed thanks to a $133,500 capital grant from the Ontario Trillium Foundation.

Sarnia-Lambton MPP Bob Bailey joined community centre staff, contractors and a contingent of students from the neighbouring St. Francois Xavier Secondary School to formally open the kitchen during a launch-and-lunch recognition ceremony.

The centre’s newly refurbished and enlarged kitchen, which includes a brand new stove, a state of the art dishwashing station, new cabinets and a special range hood designed to address air circulation issues, will allow far more people to access the wide variety of cooking classes offered at the centre, said community centre president Tanya Tamilio.

After the grant was approved, local contractors got to work in order to make the facility much more accessible for teaching purposes and more amenable for hosting larger community events such as holiday celebrations, baby showers or weddings, Tamilio said.

“Our old kitchen was more of a residential-type kitchen, so we couldn’t really do cooking courses in there ” we had to bring in tables and put them outside of the kitchen just to hold classes,” she said. “This permits everyone to be back inside the kitchen.”

Whether the new kitchen’s users are St. Francois Xavier students simply learning how to make healthy after-school snacks or new mothers learning the ABCs of cooking for their newborns, the refurbished kitchen will definitely serve many needs within Sarnia-Lambton, Tamilio said.

In December, it was announced that transportation company Voyago had been selected for an intercity bus service contract between Sarnia, Strathroy-Caradoc and London which was set to begin in April 2020.

The service, completely funded until 2023 through a $1.45-million Ontario Community Transportation grant, is set to run three round trips daily, five days a week ” and two round trips per day on weekends ” using accessible 20-foot buses with 20 to 25 seats.

The London-founded bus company formerly known as Voyageur ” acquired by Transdev Canada in April” beat out about five other bidders for the route that will also include stops in Komoka and Mt. Brydges.

“It came down to I’d say a combination of experience, and then, within the budget, getting as many round trips as possible at the times we think the service will be utilized,” Makrakos said about Voyago’s selection.

Original at https://www.sarniathisweek.com/news/local-news/year-in-review-december-3




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During National Access Abilities Week, Ontario NDP Accessibility Critic Joel Harden Presented a Proposed Resolution for Debate in the Legislature that Called On the Ford Government to Create a Plan to Implement the Report of David Onley’s Independent Review of the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act – There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution


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

During National Access Abilities Week, Ontario NDP Accessibility Critic Joel Harden Presented a Proposed Resolution for Debate in the Legislature that Called On the Ford Government to Create a Plan to Implement the Report of David Onley’s Independent Review of the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act – There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution

June 10, 2019

SUMMARY

A Commendable Effort to Advance the Goal of Accessibility for 1.9 Million Ontarians with Disabilities

Marking Canada’s National Accessibility Abilities Week, Ontario NDP MPP and Accessibility Critic Joel Harden proposed a resolution in the Ontario Legislature for debate on Thursday May 30, 2019. The resolution called on the Government to come up with a plan to implement the report of David Onley’s Government-appointed Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). The proposed resolution stated:

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

We appreciate MPP Harden’s bringing forward this proposed resolution for debate in the Legislature. This is an important issue for over 1.9 million Ontarians with disabilities.

The Onley report found that Ontario remains full of soul-crushing accessibility barriers. It concluded that Ontario is still mostly inaccessible to people with disabilities, and is not a place where people with disabilities can fully participate as equals. It recommended strong new action to substantially speed up progress in Ontario on accessibility, so that Ontario can reach the goal of full accessibility by 2025, the deadline which the AODA imposes.

Why the Ford Government Should Support MPP Joel Harden’s Proposed Resolution

For several reasons, the Ford Government has every reason to find this proposed resolution agreeable, and to support it:

* Last December, Minister for Accessibility and Seniors Raymond Cho stated that the Government was awaiting the Onley Report before it decided how it would proceed in the area of disability accessibility. the Ford Government has now had the Onley Report in its hands since January 31, 2019, a total of 131 days. The Government has shown itself ready and willing to act decisively and very quickly on issues that it considers important.

* The Ford Government has been eager to show voters that it takes a different and better approach to governing Ontario than did the previous Government. The Onley Report shows that the former Government did a poor job of implementing and enforcing the AODA. The new Ford Government has an incentive to do a much better job at this.

* On April 10, 2019, Ontario’s Minister for Accessibility and Seniors Raymond Cho said that David Onley did a “marvelous job” in this report. Speaking for the Ford Government in the Legislature, the minister acknowledged that Ontario is not yet even 30% along the way to becoming accessible.

* MPP Harden’s proposed resolution in key ways tracks commitments that Doug Ford and the Ontario Conservatives made to Ontarians with disabilities during the 2018 Ontario general election. It is in line with the Ford Government’s core messages:

  1. In his May 15, 2018 letter to the AODA Alliance (set out below), spelling out the PC Party’s election pledges on accessibility, Doug Ford committed that our issues regarding accessibility “are close to the hearts of our Ontario PC Caucus and Candidates.”
  1. In his May 15, 2018 letter, Doug Ford recognized:

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

The Onley Report reached the same conclusion.

  1. The Onley Report found that Ontario is clearly not on schedule to become accessible to people with disabilities by 2025. In his May 15, 2018 letter, Doug Ford committed:

“Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”

  1. MPP Harden’s proposed resolution calls for a new plan of action for improved enforcement of the AODA, as the Onley Report recommended. In his May 15, 2018 letter, Doug Ford committed:

“An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.”

  1. MPP Harden’s proposed resolution calls for new accessibility standards in the area of the built environment and new accessibility training for design professionals (such as architects). The Onley Report showed the need for such actions. In his May 15, 2018 letter, Doug Ford pledged:

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

  1. Mr. Harden’s proposed resolution calls for a plan to ensure that public money is never used to create new disability barriers. The Ford Government has emphasized that it wants to ensure that public money is always used responsibly. In his May 15, 2018 letter to the AODA Alliance, Doug Ford promised a change from the ” government mismanagement” of the previous Government. No one disputes that using public money to create new accessibility barriers is a form of “government mismanagement.”

* Such resolutions in the Legislature are not legally binding. However, they can be viewed as a strong political statement. The Ford Government should not want to be seen as voting against so straightforward a resolution that is important to so many Ontarians, especially since it has repeatedly called itself the “Government for the People.”

* The proposed resolution was worded in a neutral and tempered way. It gives the Government a great deal of flexibility on what it could include in a plan to implement the Onley Report, on what to include in an accessibility standard to address the built environment, on how to strengthen AODA enforcement, and on how to ensure that public money is no longer used to create new accessibility barriers. The resolution’s wording neither states nor implies any criticism of the Government, nor any partisan arguments or claims against the Ford Government.

* When the Ontario Conservatives last formed a government in Ontario, under Premier Mike Harris, they voted for each of the three resolutions on proposed accessibility legislation that the opposition presented in the Legislature on behalf of the AODA Alliance’s predecessor coalition, the Ontarians with Disabilities Act Committee. For a trip down memory lane, check out the text of the different resolutions which the Ontario Legislature unanimously passed on May 16, 1996, October 29, 1998 and November 23, 1999 regarding the need for accessibility legislation in Ontario.

What Happened in the Legislature on the Day Before It Was to Debate Joel Harden’s Proposed Resolution?

How would the Ford Government respond to this proposed resolution? On May 29, 2019, the day before Mr. Harden’s proposed resolution was scheduled to be debated in the Legislature, Mr. Harden raised this in Question Period. He Pressed the Government to commit to action to make disability accessibility a priority, given that it was then National Access Ability Week. Below we set out the transcript of the exchange that day during Question Period. We offer these observations about that exchange:

  1. Minister for Accessibility and Seniors Raymond Cho stated:

“Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.”

The Government has elsewhere said this would lead to certification or audit of 250 buildings over two years.

We have serious and substantial concerns with this. First, as reiterated in our May 17, 2019 AODA Alliance Update, we have for years made it clear that we do not agree with investing public money in a private accessibility certification process, no matter who is operating it. It is an inappropriate use of public money. The Government should instead spend that money on AODA implementation and enforcement.

Second, the minister said that the Rick Hansen Foundation is conducting those building audits as “us” i.e. the Ontario Government. Yet there is no public accountability for this private accessibility certification process, for the measures of accessibility it chooses to use, and for how it goes about its business. If the Ontario Government is to do a building audit, it should be conducted by public auditors with a public mandate and public accountability, based on accessibility standards that the public sets through the Government.

  1. Minister for Accessibility and Seniors Raymond Cho understandably blamed the previous Liberal Government for insufficient action on accessibility. However, the minister then cast some of the blame on the New Democratic Party for the former Liberal Government’s poor record on accessibility. The minister said:

“The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.”

While we don’t wade into partisan political bickering in the Legislature, we are not aware of any support by the NDP of the former Government’s slow action on accessibility. To the contrary, the NDP helped us press the previous Liberal Government to take swifter action on accessibility.

  1. The Minister for Accessibility and Seniors also stated:

“Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report.”

It is true that the Ford Government made public the Onley Report quicker than the previous Government made public the 2010 AODA Independent Review by Charles Beer or the 2014 AODA Independent Review report by Mayo Moran.

However, by May 29, 2019, the date of this exchange in Question Period in the Legislature, the Ford Government had had ample time to study the Onley Report and arrive at a plan of action.

So—What Happened with Joel Harden’s Proposed Resolution?

So, what happened to Joel Harden’s proposed resolution? Was it passed or defeated during

debates in the Legislature on May 30, 2019? For the answer to this suspenseful question, watch for the next AODA Alliance Update. Same AODA Alliance time. Same AODA Alliance channel!

Below we set out:

* The text of NDP MPP Joel Harden’s resolution that he presented to the Ontario Legislature on May 30, 2019.

* NDP MPP Joel Harden’s May 27, 2019 news release, announcing that his proposed resolution would be debated in the Legislature on May 30, 2019

* NDP MPP Joel Harden’s guest column in the May 30, 2019 Ottawa Citizen. It explained the resolution that Mr. Harden was seeking to get the Legislature to pass that day. It refers, among other things, to the AODA Alliances efforts on accessibility, and to the online video about public transit accessibility barriers that we made public in May, 2018, and

* A transcript of the May 29, 2019 question that MPP Joel Harden asked the Ford Government during Question Period regarding his proposed resolution on the AODA.

* Text of the May 15, 2018 letter from PC Leader Doug Ford to the AODA Alliance, setting out his party’s 2018 election promises on disability accessibility.

          MORE DETAILS

Text of the Private Member’s Motion by Joel Harden, NDP Accessibility Critic, Debated in the Ontario Legislature on May 30, 2019

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

May 27, 2019 Ontario NDP News Release

May 27th, 2019

NDP MPP for Ottawa Centre calls on Ford to implement recommendations from AODA third review

QUEEN’S PARK — The Ontario NDP critic for Accessibility and Persons with Disabilities, Joel Harden (Ottawa Centre), held a press conference today to introduce his private member’s motion, which calls on the Ford government to implement key recommendations from David Onley’s third legislative review of the Accessibility for Ontarians with Disabilities Act (AODA).

“The over 1.9 million Ontarians who live with disabilities face constant barriers to their participation in areas including employment, education, health care and recreation,” Harden said. “As the population ages, the number of people living with a disability will grow.”

The AODA seeks to make Ontario fully accessible by 2025; every three years, an independent reviewer is appointed to assess the Act’s effectiveness.

“Former Lieutenant Governor David Onley’s third legislative review of the AODA, which was informed by consultations with the disability community and tabled in the Legislature on March 8, makes the disconcerting assertion that, ‘For most disabled persons, Ontario is not a place of opportunity, but one of countless, dispiriting, soul-crushing barriers,’” said Harden.

“The Liberals dragged their feet on meeting the AODA’s target, and now the Ford Conservatives are dragging Ontario further backwards, neglecting to lay out a plan of action to implement Onley’s recommendations. The recommendations include a commitment to implementing new standards for Ontario’s built environment, stronger enforcement of the AODA, accessibility training for design professionals such as architects and an assurance that public funds won’t be used to create new accessibility barriers.”

At the conference, Harden was joined by Shanthiya Baheerathan of the Disability Justice Network of Ontario and Kate Chung of the Older Women’s Network, who both spoke about the need for a more accessible Ontario.

“I, myself, had to fight for years to have my disability recognized and accommodated by my university, and in that process I lost years of my life,” Baheerathan relayed. “Enforcing AODA would work towards ensuring that no other 18-year-old need to waste time overcoming barriers and advocating for an accessible space to learn. Instead, they could use that time and energy to actually learn.”

Chung said it won’t cost the government anything to change building code standards to ensure housing is built accessibly for the many Ontario seniors and people with disabilities who need it. “Yet, it will save millions in health care dollars for vast numbers of people, it will reduce the demand for long-term care beds, and end ‘bed-blocking’ in hospitals.”

“Ontarians with disabilities deserve to have a government that listens to their needs and takes concrete action to reduce the barriers that prevent them from enjoying a full life. The Ford government must act now and implement the Onley report’s key recommendations,” Harden said.

Harden’s motion will be debated in the Legislature on May 30.

Ottawa Citizen May 30, 2019

Originally posted at: https://ottawacitizen.com/opinion/columnists/harden-ontarios-accessibility-standards-are-falling-woefully-short

Harden: Ontario’s accessibility standards are falling woefully short

Joel Harden

Outgoing Ontario Lieutenant-Governor David Onley is saluted while arriving for his last full day in office at Queen’s Park in Toronto on Monday, September 22, 2014. A former Ontario lieutenant-governor tasked with reviewing the disability legislation says the province is nowhere near meeting its stated goal of full accessibility by 2025. Darren Calabrese / THE CANADIAN PRESS

For an able-bodied person, whether the pillars on the platform of a train station or bus stop are straight or angled is easily taken for granted. For someone who is sight impaired, an angled pillar can mean the difference between constantly bumping one’s head or shoulder on a part of the pillar that can’t be anticipated by a cane, or being able to commute without threat of pain or injury.

This distinction, which David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, demonstrates in a video he posted online last spring, is just one of countless examples of Ontario’s standards of accessibility falling short of the disability community’s needs.

For the more than 1.9 million Ontarians who live with disabilities, lack of accessibility is an ongoing barrier to participation in things like education, employment, transit and recreation. From public space design to health care to public information, Ontario’s accessibility standards are nowhere near where they need to be to meet peoples’ needs, nor where the province pledged they would be in the 2005 Accessibility for Ontarians with Disabilities Act (AODA).

On Thursday, the legislative assembly at Queen’s Park will debate my private member’s motion, which calls on the Ford government to implement key recommendations from the third legislative review of the AODA. The AODA mandates the standards that public, private and non-profit sector entities must adhere to in the areas of customer service, public space design, communications, transportation and employment. It has set a firm deadline to make Ontario fully accessible for people with disabilities by the year 2025 — a target that, in 2019, no longer feels far off.

To ensure the AODA stays on track, every three years, an independent, non-partisan reviewer is appointed to consult with the disability community and assess whether the AODA and its standards are doing what they’re supposed to do — making Ontario more accessible — plus recommending additional steps as needed, to meet the 2025 obligation.

Conducted by David Onley, the former lieutenant governor of Ontario and a disability rights advocate, the AODA’s third review should be a major call to action for Ontarians, and certainly, for the Ford government. Onley’s report paints a grim picture of the status quo for people with disabilities in this province, and portrays the sluggish pace at which Ontario is moving when it comes to setting or enforcing accessibility standards.

In his report, submitted to the Ford government on Jan. 31, 2019, Onley writes that the AODA’s vision has turned out to be “a mirage.”

“Every day, in every community in Ontario, people with disabilities encounter formidable barriers to participation in the vast opportunities this province affords its residents – its able-bodied residents,” he writes. “For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

Onley’s words echo the frustrations I heard from the dozens of Ontarians living with disabilities who traveled from across the province to attend an April 10 town hall on accessibility that our office held at Queen’s Park. Several of my fellow NDP MPPs joined Lepofsky, Sarah Jama, co-founder of the Disability Justice Network of Ontario, and myself, to listen to account after account of people fed up with Ontario’s agonizingly slow progress towards accessibility. Many spoke of the daily barriers they face that stop them living full lives.

Onley’s key recommendations to the government include committing to implementing new standards for our built environment, stronger enforcement of the AODA, accessibility training for design professionals and an assurance that public money never again be used to create new accessibility barriers.

The Ford Conservatives should establish a clear plan of action for getting Ontario on track to meet its AODA obligations. I invite the government to vote with the NDP on Thursday, and implement Onley’s key recommendations right away, so that Ontarians with disabilities no longer have to wait to live the full lives they deserve.

Joel Harden is the Ontario NDP critic for accessibility and persons with disabilities, as well as

the MPP for Ottawa Centre.

Ontario Hansard May 29, 2019

Question Period

Accessibility for persons with disabilities

Mr. Joel Harden: My question is for the Premier. This week is National AccessAbility Week. While we’ve made strides and progress in this province, it’s thanks to disability rights activists around our towns and cities. Unfortunately, the previous government paid lip service to the goal of accessibility, and this government is on track to do the same.

During the election campaign, the Premier promised stronger enforcement of accessibility laws, a clear strategy to meet accessibility standards, examining our building code requirements for accessibility provisions and requiring design professionals to have accessibility training. But we didn’t hear any announcement in the budget on this, and I’m wondering why there’s no prioritization of accessibility during National AccessAbility Week for this government.

Hon. Victor Fedeli: To the Minister for Seniors and Accessibility.

Hon. Raymond Sung Joon Cho: I thank the member of the opposition for raising the important question. I want to assure this House that this government takes our responsibilities for Ontarians living with disabilities very seriously.

Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.

We know there’s more to do, but it’s also time for real action and we are taking it right now.

The Speaker (Hon. Ted Arnott): Supplementary question.

Mr. Joel Harden: To put that in perspective, to what the minister said, $1.3 million is less than what the Premier of this government is spending on his own personal lawyer in his office, Mr. Gavin Tighe.

People with disabilities deserve more from this government. We know that the last government talked a great talk but delivered very little. We know that Queen’s Park, the very building in which you and I are working, is not fully accessible. That is true across this province: Health care, education, transportation and our spaces of recreation remain inaccessible, Speaker, and we are obliged by law to make this province fully accessible by 2025.

Tomorrow, we are going to be introducing a private member’s motion that will require us, as a Legislature, to set clear targets on accessibility. I have a very clear question for the Premier or for the minister: Will you be supporting this motion tomorrow?

Hon. Raymond Sung Joon Cho: I will repeat what the opposition member said. The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.

Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report. I will respond to your motion tomorrow.

May 15, 2018 Letter from PC Leader Doug Ford to the AODA Alliance

May 15, 2018

David Lepofsky, Chair

Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance)

Dear David,

The Ontario PC Party is pleased to respond to the AODA Alliance’s survey for the 2018 Ontario election. Our team is focused on providing a clear alternative to voters. After 15 years of high taxes and government mismanagement under the Wynne Liberals, the people of Ontario are ready for change.

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

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

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

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

Christine Elliott, our former Health Critic and Deputy Leader, has been a tireless advocate for Ontarians with disabilities. Ms. Elliott called to establish the Select Committee on Developmental Services, with a mandate to develop a comprehensive developmental services strategy for children, youth and adults in Ontario with an intellectual disability or who are dually diagnosed with an intellectual disability and a mental illness.

When it comes to people with disabilities, we have a moral and an economic responsibility to focus on their abilities and not just on what holds them back. Our family members, friends and neighbours who have a disability of some kind are a wellspring of talent and determination.

There’s no good reason why a person with a disability should not be able to cast a vote in an election. It’s also completely unacceptable that someone should be passed over for a job because of the myth that people with disabilities can’t do the work. We have a moral and social responsibility to change this.

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

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

The Ontario PC Party believes our education system must minimize barriers for students with disabilities, providing the skills, opportunities and connections with the business community that are necessary to enter the workforce.

Building a strong, open dialogue with your organization is most certainly a priority for our party. We encourage you to continue this dialogue and share your ideas and solutions for Ontarians with disabilities.

When I am elected Premier on June 7th, I promise I will focus on investing in the priorities that matter most to the people of Ontario. Jobs and economic development will be a key focus, and Ontario will be open for business again.

In the coming weeks, our team will be releasing our platform of policies and priorities and a clear vision for a prosperous Ontario.

If you have any further questions please feel free to reach out at any time.

Sincerely,

Doug Ford

Leader, Ontario PC Party



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During National Access Abilities Week, Ontario NDP Accessibility Critic Joel Harden Presented a Proposed Resolution for Debate in the Legislature that Called On the Ford Government to Create a Plan to Implement the Report of David Onley’s Independent Review of the Implementation and Enforcement of the Accessibility for Ontarians with Disabilities Act


There are Many Good Reasons Why the Ford Government Should Support this Proposed Resolution

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

June 10, 2019

SUMMARY

A Commendable Effort to Advance the Goal of Accessibility for 1.9 Million Ontarians with Disabilities

Marking Canada’s National Accessibility Abilities Week, Ontario NDP MPP and Accessibility Critic Joel Harden proposed a resolution in the Ontario Legislature for debate on Thursday May 30, 2019. The resolution called on the Government to come up with a plan to implement the report of David Onley’s Government-appointed Independent Review of the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). The proposed resolution stated:

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

We appreciate MPP Harden’s bringing forward this proposed resolution for debate in the Legislature. This is an important issue for over 1.9 million Ontarians with disabilities.

The Onley report found that Ontario remains full of soul-crushing accessibility barriers. It concluded that Ontario is still mostly inaccessible to people with disabilities, and is not a place where people with disabilities can fully participate as equals. It recommended strong new action to substantially speed up progress in Ontario on accessibility, so that Ontario can reach the goal of full accessibility by 2025, the deadline which the AODA imposes.

Why the Ford Government Should Support MPP Joel Harden’s Proposed Resolution

For several reasons, the Ford Government has every reason to find this proposed resolution agreeable, and to support it:

* Last December, Minister for Accessibility and Seniors Raymond Cho stated that the Government was awaiting the Onley Report before it decided how it would proceed in the area of disability accessibility. the Ford Government has now had the Onley Report in its hands since January 31, 2019, a total of 131 days. The Government has shown itself ready and willing to act decisively and very quickly on issues that it considers important.

* The Ford Government has been eager to show voters that it takes a different and better approach to governing Ontario than did the previous Government. The Onley Report shows that the former Government did a poor job of implementing and enforcing the AODA. The new Ford Government has an incentive to do a much better job at this.

* On April 10, 2019, Ontario’s Minister for Accessibility and Seniors Raymond Cho said that David Onley did a “marvelous job” in this report. Speaking for the Ford Government in the Legislature, the minister acknowledged that Ontario is not yet even 30% along the way to becoming accessible.

* MPP Harden’s proposed resolution in key ways tracks commitments that Doug Ford and the Ontario Conservatives made to Ontarians with disabilities during the 2018 Ontario general election. It is in line with the Ford Government’s core messages:

1. In his May 15, 2018 letter to the AODA Alliance (set out below), spelling out the PC Party’s election pledges on accessibility, Doug Ford committed that our issues regarding accessibility “are close to the hearts of our Ontario PC Caucus and Candidates.”

2. In his May 15, 2018 letter, Doug Ford recognized:

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

The Onley Report reached the same conclusion.

3. The Onley Report found that Ontario is clearly not on schedule to become accessible to people with disabilities by 2025. In his May 15, 2018 letter, Doug Ford committed:

“Making Ontario fully accessible by 2025 is an important goal under the AODA and it’s one that would be taken seriously by an Ontario PC government.”

4. MPP Harden’s proposed resolution calls for a new plan of action for improved enforcement of the AODA, as the Onley Report recommended. In his May 15, 2018 letter, Doug Ford committed:

“An Ontario PC government is committed to working with the AODA Alliance to address implementation and enforcement issues when it comes to these standards.”

5. MPP Harden’s proposed resolution calls for new accessibility standards in the area of the built environment and new accessibility training for design professionals (such as architects). The Onley Report showed the need for such actions. In his May 15, 2018 letter, Doug Ford pledged:

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

6. Mr. Harden’s proposed resolution calls for a plan to ensure that public money is never used to create new disability barriers. The Ford Government has emphasized that it wants to ensure that public money is always used responsibly. In his May 15, 2018 letter to the AODA Alliance, Doug Ford promised a change from the ” government mismanagement” of the previous Government. No one disputes that using public money to create new accessibility barriers is a form of “government mismanagement.”

* Such resolutions in the Legislature are not legally binding. However, they can be viewed as a strong political statement. The Ford Government should not want to be seen as voting against so straightforward a resolution that is important to so many Ontarians, especially since it has repeatedly called itself the “Government for the People.”

* The proposed resolution was worded in a neutral and tempered way. It gives the Government a great deal of flexibility on what it could include in a plan to implement the Onley Report, on what to include in an accessibility standard to address the built environment, on how to strengthen AODA enforcement, and on how to ensure that public money is no longer used to create new accessibility barriers. The resolution’s wording neither states nor implies any criticism of the Government, nor any partisan arguments or claims against the Ford Government.

* When the Ontario Conservatives last formed a government in Ontario, under Premier Mike Harris, they voted for each of the three resolutions on proposed accessibility legislation that the opposition presented in the Legislature on behalf of the AODA Alliance’s predecessor coalition, the Ontarians with Disabilities Act Committee. For a trip down memory lane, check out the text of the different resolutions which the Ontario Legislature unanimously passed on May 16, 1996, October 29, 1998 and November 23, 1999 regarding the need for accessibility legislation in Ontario.

What Happened in the Legislature on the Day Before It Was to Debate Joel Harden’s Proposed Resolution?

How would the Ford Government respond to this proposed resolution? On May 29, 2019, the day before Mr. Harden’s proposed resolution was scheduled to be debated in the Legislature, Mr. Harden raised this in Question Period. He Pressed the Government to commit to action to make disability accessibility a priority, given that it was then National Access Ability Week. Below we set out the transcript of the exchange that day during Question Period. We offer these observations about that exchange:

1. Minister for Accessibility and Seniors Raymond Cho stated:

“Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.”

The Government has elsewhere said this would lead to certification or audit of 250 buildings over two years.

We have serious and substantial concerns with this. First, as reiterated in our May 17, 2019 AODA Alliance Update, we have for years made it clear that we do not agree with investing public money in a private accessibility certification process, no matter who is operating it. It is an inappropriate use of public money. The Government should instead spend that money on AODA implementation and enforcement.

Second, the minister said that the Rick Hansen Foundation is conducting those building audits as “us” i.e. the Ontario Government. Yet there is no public accountability for this private accessibility certification process, for the measures of accessibility it chooses to use, and for how it goes about its business. If the Ontario Government is to do a building audit, it should be conducted by public auditors with a public mandate and public accountability, based on accessibility standards that the public sets through the Government.

2. Minister for Accessibility and Seniors Raymond Cho understandably blamed the previous Liberal Government for insufficient action on accessibility. However, the minister then cast some of the blame on the New Democratic Party for the former Liberal Government’s poor record on accessibility. The minister said:

“The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.”

While we don’t wade into partisan political bickering in the Legislature, we are not aware of any support by the NDP of the former Government’s slow action on accessibility. To the contrary, the NDP helped us press the previous Liberal Government to take swifter action on accessibility.

3. The Minister for Accessibility and Seniors also stated:

“Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report.”

It is true that the Ford Government made public the Onley Report quicker than the previous Government made public the 2010 AODA Independent Review by Charles Beer or the 2014 AODA Independent Review report by Mayo Moran.

However, by May 29, 2019, the date of this exchange in Question Period in the Legislature, the Ford Government had had ample time to study the Onley Report and arrive at a plan of action.

SoWhat Happened with Joel Harden’s Proposed Resolution?
So, what happened to Joel Harden’s proposed resolution? Was it passed or defeated during
debates in the Legislature on May 30, 2019? For the answer to this suspenseful question, watch for the next AODA Alliance Update. Same AODA Alliance time. Same AODA Alliance channel!

Below we set out:

* The text of NDP MPP Joel Harden’s resolution that he presented to the Ontario Legislature on May 30, 2019.

* NDP MPP Joel Harden’s May 27, 2019 news release, announcing that his proposed resolution would be debated in the Legislature on May 30, 2019

* NDP MPP Joel Harden’s guest column in the May 30, 2019 Ottawa Citizen. It explained the resolution that Mr. Harden was seeking to get the Legislature to pass that day. It refers, among other things, to the AODA Alliances efforts on accessibility, and to the online video about public transit accessibility barriers that we made public in May, 2018, and

* A transcript of the May 29, 2019 question that MPP Joel Harden asked the Ford Government during Question Period regarding his proposed resolution on the AODA.

* Text of the May 15, 2018 letter from PC Leader Doug Ford to the AODA Alliance, setting out his party’s 2018 election promises on disability accessibility.

MORE DETAILS

Text of the Private Member’s Motion by Joel Harden, NDP Accessibility Critic, Debated in the Ontario Legislature on May 30, 2019

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

May 27, 2019 Ontario NDP News Release

May 27th, 2019

NDP MPP for Ottawa Centre calls on Ford to implement recommendations from AODA third review

QUEEN’S PARK The Ontario NDP critic for Accessibility and Persons with Disabilities, Joel Harden (Ottawa Centre), held a press conference today to introduce his private member’s motion, which calls on the Ford government to implement key recommendations from David Onley’s third legislative review of the Accessibility for Ontarians with Disabilities Act (AODA).

“The over 1.9 million Ontarians who live with disabilities face constant barriers to their participation in areas including employment, education, health care and recreation,” Harden said. “As the population ages, the number of people living with a disability will grow.”

The AODA seeks to make Ontario fully accessible by 2025; every three years, an independent reviewer is appointed to assess the Act’s effectiveness.

“Former Lieutenant Governor David Onley’s third legislative review of the AODA, which was informed by consultations with the disability community and tabled in the Legislature on March 8, makes the disconcerting assertion that, ‘For most disabled persons, Ontario is not a place of opportunity, but one of countless, dispiriting, soul-crushing barriers,’” said Harden.

“The Liberals dragged their feet on meeting the AODA’s target, and now the Ford Conservatives are dragging Ontario further backwards, neglecting to lay out a plan of action to implement Onley’s recommendations. The recommendations include a commitment to implementing new standards for Ontario’s built environment, stronger enforcement of the AODA, accessibility training for design professionals such as architects and an assurance that public funds won’t be used to create new accessibility barriers.”

At the conference, Harden was joined by Shanthiya Baheerathan of the Disability Justice Network of Ontario and Kate Chung of the Older Women’s Network, who both spoke about the need for a more accessible Ontario.

“I, myself, had to fight for years to have my disability recognized and accommodated by my university, and in that process I lost years of my life,” Baheerathan relayed. “Enforcing AODA would work towards ensuring that no other 18-year-old need to waste time overcoming barriers and advocating for an accessible space to learn. Instead, they could use that time and energy to actually learn.”

Chung said it won’t cost the government anything to change building code standards to ensure housing is built accessibly for the many Ontario seniors and people with disabilities who need it. “Yet, it will save millions in health care dollars for vast numbers of people, it will reduce the demand for long-term care beds, and end ‘bed-blocking’ in hospitals.”

“Ontarians with disabilities deserve to have a government that listens to their needs and takes concrete action to reduce the barriers that prevent them from enjoying a full life. The Ford government must act now and implement the Onley report’s key recommendations,” Harden said.

Harden’s motion will be debated in the Legislature on May 30.

Ottawa Citizen May 30, 2019

Originally posted at: https://ottawacitizen.com/opinion/columnists/harden-ontarios-accessibility-standards-are-falling-woefully-short

Harden: Ontario’s accessibility standards are falling woefully short

Joel Harden
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Outgoing Ontario Lieutenant-Governor David Onley is saluted while arriving for his last full day in office at Queen’s Park in Toronto on Monday, September 22, 2014. A former Ontario lieutenant-governor tasked with reviewing the disability legislation says the province is nowhere near meeting its stated goal of full accessibility by 2025. Darren Calabrese / THE CANADIAN PRESS

For an able-bodied person, whether the pillars on the platform of a train station or bus stop are straight or angled is easily taken for granted. For someone who is sight impaired, an angled pillar can mean the difference between constantly bumping one’s head or shoulder on a part of the pillar that can’t be anticipated by a cane, or being able to commute without threat of pain or injury.

This distinction, which David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, demonstrates in a video he posted online last spring, is just one of countless examples of Ontario’s standards of accessibility falling short of the disability community’s needs.

For the more than 1.9 million Ontarians who live with disabilities, lack of accessibility is an ongoing barrier to participation in things like education, employment, transit and recreation. From public space design to health care to public information, Ontario’s accessibility standards are nowhere near where they need to be to meet peoples’ needs, nor where the province pledged they would be in the 2005 Accessibility for Ontarians with Disabilities Act (AODA).

On Thursday, the legislative assembly at Queen’s Park will debate my private member’s motion, which calls on the Ford government to implement key recommendations from the third legislative review of the AODA. The AODA mandates the standards that public, private and non-profit sector entities must adhere to in the areas of customer service, public space design, communications, transportation and employment. It has set a firm deadline to make Ontario fully accessible for people with disabilities by the year 2025 a target that, in 2019, no longer feels far off.

To ensure the AODA stays on track, every three years, an independent, non-partisan reviewer is appointed to consult with the disability community and assess whether the AODA and its standards are doing what they’re supposed to do making Ontario more accessible plus recommending additional steps as needed, to meet the 2025 obligation.

Conducted by David Onley, the former lieutenant governor of Ontario and a disability rights advocate, the AODA’s third review should be a major call to action for Ontarians, and certainly, for the Ford government. Onley’s report paints a grim picture of the status quo for people with disabilities in this province, and portrays the sluggish pace at which Ontario is moving when it comes to setting or enforcing accessibility standards.

In his report, submitted to the Ford government on Jan. 31, 2019, Onley writes that the AODA’s vision has turned out to be “a mirage.”

“Every day, in every community in Ontario, people with disabilities encounter formidable barriers to participation in the vast opportunities this province affords its residents its able-bodied residents,” he writes. “For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.”

Onley’s words echo the frustrations I heard from the dozens of Ontarians living with disabilities who traveled from across the province to attend an April 10 town hall on accessibility that our office held at Queen’s Park. Several of my fellow NDP MPPs joined Lepofsky, Sarah Jama, co-founder of the Disability Justice Network of Ontario, and myself, to listen to account after account of people fed up with Ontario’s agonizingly slow progress towards accessibility. Many spoke of the daily barriers they face that stop them living full lives.

Onley’s key recommendations to the government include committing to implementing new standards for our built environment, stronger enforcement of the AODA, accessibility training for design professionals and an assurance that public money never again be used to create new accessibility barriers.

The Ford Conservatives should establish a clear plan of action for getting Ontario on track to meet its AODA obligations. I invite the government to vote with the NDP on Thursday, and implement Onley’s key recommendations right away, so that Ontarians with disabilities no longer have to wait to live the full lives they deserve.

Joel Harden is the Ontario NDP critic for accessibility and persons with disabilities, as well as the MPP for Ottawa Centre.

Ontario Hansard May 29, 2019

Question Period

Accessibility for persons with disabilities

Mr. Joel Harden: My question is for the Premier. This week is National AccessAbility Week. While we’ve made strides and progress in this province, it’s thanks to disability rights activists around our towns and cities. Unfortunately, the previous government paid lip service to the goal of accessibility, and this government is on track to do the same.

During the election campaign, the Premier promised stronger enforcement of accessibility laws, a clear strategy to meet accessibility standards, examining our building code requirements for accessibility provisions and requiring design professionals to have accessibility training. But we didn’t hear any announcement in the budget on this, and I’m wondering why there’s no prioritization of accessibility during National AccessAbility Week for this government.

Hon. Victor Fedeli: To the Minister for Seniors and Accessibility.

Hon. Raymond Sung Joon Cho: I thank the member of the opposition for raising the important question. I want to assure this House that this government takes our responsibilities for Ontarians living with disabilities very seriously.

Last week, we announced further details of our plan to partner with the Rick Hansen Foundation on their building certification program. This $1.3 million that we’re investing will allow us to perform accessibility audits on over 200 buildings over the next two years.

We know there’s more to do, but it’s also time for real action and we are taking it right now.

The Speaker (Hon. Ted Arnott): Supplementary question.

Mr. Joel Harden: To put that in perspective, to what the minister said, $1.3 million is less than what the Premier of this government is spending on his own personal lawyer in his office, Mr. Gavin Tighe.

People with disabilities deserve more from this government. We know that the last government talked a great talk but delivered very little. We know that Queen’s Park, the very building in which you and I are working, is not fully accessible. That is true across this province: Health care, education, transportation and our spaces of recreation remain inaccessible, Speaker, and we are obliged by law to make this province fully accessible by 2025.

Tomorrow, we are going to be introducing a private member’s motion that will require us, as a Legislature, to set clear targets on accessibility. I have a very clear question for the Premier or for the minister: Will you be supporting this motion tomorrow?

Hon. Raymond Sung Joon Cho: I will repeat what the opposition member said. The previous government for the last 15 years did very little, like the Honourable David Onley said. The last 15 years, the NDP supported the last government, so you are on the same team.

The soul-crushing barriers Mr. Onley outlined were also highlighted in the first two AODA reviews by Charles Beer and Mayo Moran. This report is an indictment of the previous government, which your party supported for 15 years.

Our government is carefully reviewing Mr. Onley’s report, which we made public faster than either previous report. I will respond to your motion tomorrow.

May 15, 2018 Letter from PC Leader Doug Ford to the AODA Alliance

May 15, 2018

David Lepofsky, Chair
Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance)

Dear David,

The Ontario PC Party is pleased to respond to the AODA Alliance’s survey for the 2018 Ontario election. Our team is focused on providing a clear alternative to voters. After 15 years of high taxes and government mismanagement under the Wynne Liberals, the people of Ontario are ready for change.

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

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

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

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

Christine Elliott, our former Health Critic and Deputy Leader, has been a tireless advocate for Ontarians with disabilities. Ms. Elliott called to establish the Select Committee on Developmental Services, with a mandate to develop a comprehensive developmental services strategy for children, youth and adults in Ontario with an intellectual disability or who are dually diagnosed with an intellectual disability and a mental illness.

When it comes to people with disabilities, we have a moral and an economic responsibility to focus on their abilities and not just on what holds them back. Our family members, friends and neighbours who have a disability of some kind are a wellspring of talent and determination.

There’s no good reason why a person with a disability should not be able to cast a vote in an election. It’s also completely unacceptable that someone should be passed over for a job because of the myth that people with disabilities can’t do the work. We have a moral and social responsibility to change this.

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

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

The Ontario PC Party believes our education system must minimize barriers for students with disabilities, providing the skills, opportunities and connections with the business community that are necessary to enter the workforce.

Building a strong, open dialogue with your organization is most certainly a priority for our party. We encourage you to continue this dialogue and share your ideas and solutions for Ontarians with disabilities.

When I am elected Premier on June 7th, I promise I will focus on investing in the priorities that matter most to the people of Ontario. Jobs and economic development will be a key focus, and Ontario will be open for business again.

In the coming weeks, our team will be releasing our platform of policies and priorities and a clear vision for a prosperous Ontario.

If you have any further questions please feel free to reach out at any time.

Sincerely,

Doug Ford
Leader, Ontario PC Party



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NDP MPP for Ottawa Centre Calls On Ford to Implement Recommendations From AODA Third Review


QUEEN’S PARK The Ontario NDP critic for Accessibility and Persons with Disabilities, Joel Harden (Ottawa Centre), held a press conference today to introduce his private member’s motion, which calls on the Ford government to implement key recommendations from David Onley’s third legislative review of the Accessibility for Ontarians with Disabilities Act (AODA).

“The over 1.9 million Ontarians who live with disabilities face constant barriers to their participation in areas including employment, education, health care and recreation,” Harden said. “As the population ages, the number of people living with a disability will grow.”

The AODA seeks to make Ontario fully accessible by 2025; every three years, an independent reviewer is appointed to assess the Act’s effectiveness.

“Former Lieutenant Governer David Onley’s third legislative review of the AODA, which was informed by consultations with the disability community and tabled in the Legislature on March 8, makes the disconcerting assertion that, ‘For most disabled persons, Ontario is not a place of opportunity, but one of countless, dispiriting, soul-crushing barriers,’” said Harden.

“The Liberals dragged their feet on meeting the AODA’s target, and now the Ford Conservatives are dragging Ontario further backwards, neglecting to lay out a plan of action to implement Onley’s recommendations. The recommendations include a commitment to implementing new standards for Ontario’s built environment, stronger enforcement of the AODA, accessibility training for design professionals such as architects and an assurance that public funds won’t be used to create new accessibility barriers.”

At the conference, Harden was joined by Shanthiya Baheerathan of the Disability Justice Network of Ontario and Kate Chung of the Older Women’s Network, who both spoke about the need for a more accessible Ontario.

“I, myself, had to fight for years to have my disability recognized and accommodated by my university, and in that process I lost years of my life,” Baheerathan relayed. “Enforcing AODA would work towards ensuring that no other 18-year-old need to waste time overcoming barriers and advocating for an accessible space to learn. Instead, they could use that time and energy to actually learn.”

Chung said it won’t cost the government anything to change building code standards to ensure housing is built accessibly for the many Ontario seniors and people with disabilities who need it. “Yet, it will save millions in health care dollars for vast numbers of people, it will reduce the demand for long-term care beds, and end ‘bed-blocking’ in hospitals.”

“Ontarians with disabilities deserve to have a government that listens to their needs and takes concrete action to reduce the barriers that prevent them from enjoying a full life. The Ford government must act now and implement the Onley report’s key recommendations,” Harden said.

Harden’s motion will be debated in the Legislature on May 30.

Original at https://www.ontariondp.ca/news/ndp-mpp-ottawa-centre-calls-ford-implement-recommendations-aoda-third-review



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Despite No Announced Plans to Implement the David Onley AODA Independent Review Report, the Ford Government Gives 1.3 Million Dollars to Help Finance a Private Accessibility Certification Program — A Use of Public Money We Don’t Support


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

May 17, 2019

SUMMARY

Why has the Ford Government dragged its feet for months on taking new action to effectively implement and enforce the Accessibility for Ontarians with Disabilities Act (AODA)? Why instead, amidst a flurry of its controversial budget cuts across the Ontario Government, has the Government decided to invest 1.3 million new public dollars over two years in the private accessibility certification process now operated by the Rick Hansen Foundation (RHF)?

This is not an appropriate use of public money. Instead, the Ford Government needs to now announce a bold and comprehensive plan of action to implement the key recommendations of the David Onley Independent Review of the AODA’s implementation and enforcement. Any new public money in this area should be allocated to that effort.

The Ford Government has in effect done nothing new to strengthen the AODA’s implementation in its first 11 months in office, apart from this new announcement. It has been 106 days since the Ford Government received the final report of the David Onley Independent Review of the AODA’s implementation and Enforcement. The Government has announced no plans to implement that Report’s spectrum of recommendations. This is so even though Ontario’s Accessibility minister Raymond Cho said in the Legislature on April 10, 2019 that David Onley did a “marvelous job” in that report and that Ontario has only progressed 30% towards its target of becoming fully accessible to people with disabilities.

The Onley Report found that Ontario is well behind schedule for reaching full accessibility for people with disabilities by 2025 as the AODA requires. It concluded that progress on accessibility in Ontario has proceeded at a glacial pace, and that Ontario remains a province full of disability barriers.

Instead of announcing any new measures that the Onley Report recommended, in this spring’s Ontario Budget, the Ford Government announced that it is giving the RHF some 1.3 million dollars over two years for its private accessibility certification process. We have serious concerns with this.

We have been on the public record for over four years expressing our strong opposition to any public money going into any private accessibility certification process, no matter who runs it. This Update tells you why. In summary:

a) A private accessibility certification in reality certifies nothing. It provides no defence to enforcement proceedings under the AODA, the Ontario Building Code, a municipal bylaw, the Ontario Human Rights Code, or the Canadian Charter of Rights and Freedoms.

b) A private accessibility certification process lacks an assurance of public accountability.

c) A private certification of accessibility can be misleading to the public, including to people with disabilities.

d) The Government should not be subsidizing one accessibility consultant over another.

e) Spending public money on a private accessibility certification process is not a priority for efforts on accessibility in Ontario or a responsible use of public money.

f) The Onley report recommended important and much-needed measures to address disability barriers in the built environment that the Ford Government has not yet agreed to take, but it did not recommend spending scarce public money on a private accessibility certification process.

MORE DETAILS

1. Why We Oppose Public Money Being Spent to Help Finance a Private Accessibility Certification Process, No Matter Who Operates It A Closer Look

1. Overview

The RHF has for some time been offering a private accessibility certification process for buildings. From what we understand, an organization can choose to pay the RHF to have someone visit that building and give it an accessibility rating based on whatever standard of accessibility that the RHF has decided to use. They call this an accessibility “certification.” You can learn more about the RHF program by visiting its website at: https://www.rickhansen.com/become-accessible

We have several serious concerns about investing any public money in this. It is not a responsible use of public money. We voice these concerns no matter what organization were to be publicly funded to conduct this private accessibility certification process. We voiced these concerns before the RHF began offering its certification services. We recognize the RHF’s good work in other areas.

Whether a private organization wants to offer its accessibility certification services, and whether any organizations wish to pay for those services, is up to those organizations. The issue we address here is whether the taxpayer’s money should be used to help subsidize this.

We have publicly stated over the past four years that the Ontario Government should not invest any public money in a private accessibility certification process. The former Ontario Government flirted with the idea of investing public money in a private accessibility certification process four years ago. It evidently invested a great deal of public money in a private consulting firm, Deloitt, to create a public report exploring this idea. We took part in that consultation and voiced our strong and principled opposition to this whole idea as a place to put any public money.

Fortunately, the former Government eventually saw the light, and dropped the idea. It is deeply troubling that the new Ford Government is going further down the wrong road that the former Government had explored.

To read the AODA Alliance’s February 1, 2016 brief to Deloitt on the problems with publicly funding any private accessibility certification process, visit https://www.aoda.ca/aoda-alliance-sends-the-deloitte-company-its-submission-on-the-first-phase-of-the-deloitte-companys-public-consultation-on-the-wynne-governments-problem-ridden-proposal-to-fund-a-new-private-ac/

2. A Private Accessibility Certification in Reality Certifies Nothing

The very idea of a private organization certifying another organization or its building as accessible is fraught with problems. Organizations that seek this certification of their building will eventually realize that a so-called accessibility certification through a private accessibility certification process is not what it may appear to be.

Such a certification does not mean that the organization is in fact accessible. All that is certified is a building. The services delivered inside the building may have serious accessibility barriers.

Moreover, the certification does not even mean that the built environment in the building is in fact accessible and free of disability barriers.

Such a certification cannot give that organization a defence if there is an objection that the building does not comply with accessibility requirements in the AODA, the Ontario Building Code or a municipal bylaws. An accessibility certification similarly does not provide a defence if the organization is subject to a human rights complaint before the Ontario Human Rights Tribunal, or in the case of a public-sector organization, a disability equality rights claim under the Canadian Charter of Rights and Freedoms. An organization cannot excuse itself from a violation of the AODA, the Ontario Human Rights Code, the Ontario Building Code or a municipal bylaw, or the Charter of Rights by arguing that thanks to its private accessibility certification, it thought it was obeying the law and was accessible.

In addition, a private accessibility certification can have a very limited shelf-life. If anything changes in that building, such as a garbage can blocking an accessibility ramp, the assertion of certified accessibility becomes disconnected with the actual experience of people with disabilities.

When the Government enacts a new accessibility standard (as is under development in the area of health care), or revises an existing one, (as the Government is required to consider every five years in the case of existing AODA accessibility standards), that certification would have to be reviewed once new accessibility requirements come into effect.

An accessibility certification from a private accessibility certification process ultimately means nothing authoritative. At most, it is an expression of opinion by a private self-appointed certifying organization that it thinks the building in question meets whatever standard for accessibility that the private certifying organization chooses to use. That standard may itself be deficient. Its inspection may be faulty or incomplete.

It is therefore an over-statement to call this an accessibility certification. What it boils down to in real terms is something along the lines of the advice an organization might seek from one of many accessibility consultants.

Several such consultants now operate in Ontario, on a fee-for-service basis. They are available to audit an organization’s building or its plans for a new building. They can give advice on barriers in the building. They can recommend accessibility improvements to an existing building or plans for a new building. What they give is advice, not certification.

As well, there is no assurance that the people who do the actual certifying have as much expertise on accessibility as do other accessibility consultants.

3. A Private Accessibility Certification Process Lacks an Assurance of Public Accountability

There is no assurance of public accountability in a private accessibility certification process. For example, the public has no way to know or assure itself that the private certifier is making accurate assessments.

4. A Private Certification of Accessibility Can Be Misleading to the Public, Including to People with Disabilities

If an organization receives a top-level accessibility certification, that organization may be led to think they have done all they need to do on accessibility. The public, including people with disabilities, and design professionals may be led to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This may turn out not to be the case if the certifier uses an insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if things change in the building after the certification is granted.

5. The Government Should Not Be Subsidizing One Accessibility Consultant over Another

In a field where there are a number of accessibility consultants providing advisory services, there is no good reason why the Ontario Government should choose to subsidize one of them. If it were to do so, it should presumably first hold an open competitive bid process. It should not be limited to an organization that calls its accessibility advice a “certification” for the reasons set out above.

Moreover, we see no reason why there should be any public subsidy here. Such an accessibility certification should simply operate on a fee-for-service basis, as do all other accessibility consultants and advisors, whether or not they call their advice accessibility certification.”

6. Spending Public Money on a Private Accessibility Certification Process Is Not a Priority for Efforts on Accessibility in Ontario or a Responsible use of Public Money

Due to its concern over the public debt and deficit, the Ford Government is now implementing major and controversial budget cuts in a large number of areas across the Government. At least some of those cuts have real and troubling implications for people with disabilities.

If the Ontario Government was looking for somewhere to inject a new spending of 1.3 million public dollars to serve the needs of people with disabilities, including in the accessibility context, public spending on a private accessibility certification process would certainly not be a priority. It is not an appropriate public expenditure.

For example, as we covered in our May 13, 2019 AODA Alliance Update, the Ford Government appears to be cutting its expenditures on existing Standards Development Committees that are doing work in the health care and education areas. This new 1.3 million dollars could better be spent in part to ensure that there is no cut to the number of days that those Standards Development Committees can work.

As well, there is a pressing need for the Government to now appoint a Built Environment Standards Development Committee to recommend an appropriate accessibility standard to deal with barriers in the built environment. These public funds could also be far better used to beef up the flagging and weak enforcement of the AODA.

7. The Onley Report Recommended Important Measures to Address Disability Barriers in the Built Environment that the Ford Government has not yet Agreed to take, But it did not Recommend Spending Scarce Public Money on a Private Accessibility Certification Process

It is striking that the final report of the David Onley AODA Independent Review, which Accessibility Minister Raymond Cho called “marvelous,” did not recommend that public money be spent on a private accessibility certification process. This takes on special importance since the AODA Alliance had urged the Onley Report not to recommend any public investment in a private accessibility certification process. Below we set out an excerpt from Chapter 4 of the AODA Alliance’s January 15, 2019 brief to the Onley AODA Independent Review.

It makes no sense for the Ford Government to announce only one new action on the accessibility front, and for it not to be any of the priority actions that that the Onley Report recommended. The Ford Government indicated last fall that it was awaiting the Onley Report before deciding on what to do in the area of accessibility for people with disabilities. In his December 20, 2018 letter to the chair of the K-12 Education Standards Development Committee, Accessibility Minister Cho wrote:

“In this regard, we will be waiting to review Mr. Onleys report before considering the best path forward to further improving accessibility in Ontario.”

We commend the Onley Report for not recommending that public money be spent in that area. Mr. Onley clearly knew about this issue from our brief and from his prior activities in the accessibility field. He declared that the built environment should be a priority area for new action. Moreover, he offered other specific recommendations to address barriers in the built environment recommendations that the Ford government has not yet agreed to take.

More broadly, the Onley Report also made a number of important recommendations for new Government action on accessibility beyond the built environment. With one exception addressed below (that is not relevant here), the Government has not yet announced any action on any of them, even though it has had the Onley Report for some 106 days.

Moreover, last July, long before the Onley Report was submitted, we called on the Ford Government to take a number of the priority actions that the Onley Report was later to recommend. See the AODA Alliance’s July 17, 2018 letter to Accessibility Minister Raymond Cho and our July 19, 2018 letter to premier Doug Ford. Publicly funding a private accessibility certification process is not a substitute for, or better than, Government action on any of those important priorities.

Over the past eleven months, the only new action which the Ford Government has announced on accessibility and that is recommended in the Onley Report has been to belatedly lift the Government’s unwarranted and harmful 9-month freeze on the work of AODA Standards Development Committees that were previously developing recommendations for what to include in new accessibility standards in the areas of health care and education. Yet it was the Ford Government that let that freeze run for nine months.

Investing public funds in implementing key recommendations in the Onley Report is far more important to progress on accessibility for people with disabilities than publicly subsidizing a private accessibility certification process.

2. Excerpt from Chapter 4 of the AODA Alliance’s January 15, 2019 Brief to the David Onley Independent Review of the AODA’s Implementation and Enforcement, Entitled “The Need for New Accessibility Standards, Including a Strong and Comprehensive Built Environment Accessibility Standard”

d) The Ontario Government Should Not Invest Public Funds in or Support any Private Accessibility Certification Process in Ontario

Several years ago, the former Ontario Government toyed with the idea of supporting the establishment of a private accessibility certification process in Ontario. It evidently spent hundreds of thousands of dollars on a private consulting firm, Deloitt, to explore this. Eventually, after Economic Development Minister Brad Duguid was shuffled out of the AODA portfolio in June 2016, this idea was in effect dropped. We opposed the idea of a private accessibility certification process and opposed the Government investing any public money in it. We urge this AODA Independent Review not to re-open that topic, and not to recommend a private accessibility certification process.

The February 1, 2016 AODA Alliance Update set out this backgrounder on this issue, including a summary of the AODA Alliance’s submission to the Deloitt consulting firm. It said:

“Back on November 16, 2015, the Wynne Government launched a public consultation on its proposal that the Government create a private process for an as-yet-unnamed private organization to provide a private, voluntary accessibility certification of the obligated organization. The Government’s November 16, 2015 email, news release and web posting on this were thin on details.

The Government did not have its own Accessibility Directorate conduct this consultation. Instead, at public expense, the Wynne Government hired the private Deloitte firm to consult the public.

Last fall, we moved as fast as possible to prepare and circulate a draft submission to Deloitte. It was emailed and posted on the web for public comment on November 25, 2015. We have repeatedly sent out invitations for input on it via Twitter and Facebook.

Last fall, we promptly shared our draft submission with Deloitte and with senior Government officials. On December 5, 2015, we wrote Economic Development Minister Brad Duguid to ask for important specifics on the Deloitte consultation. The Government has not answered that letter.

2. Summary of the AODA Alliance’s February 1, 2016 Submission to the Deloitte Company

This submission’s feedback on the idea of the Ontario Government financing the creation of a private accessibility certification process is summarized as follows:

1. It is important to probe beyond any superficial attractiveness that some might think a private accessibility certification process has.

2. It is important for the Government to first decide whether it will adopt a private accessibility certification process, before public money and the public’s effort are invested in deciding on the details of how such a process would work. Several serious concerns set out in this submission are fatal to any such proposal, however its details are designed.

3. Instead of diverting limited public and private resources, effort and time into a problematic private accessibility certification process, the Government should instead increase efforts at creating all the AODA accessibility standards needed to ensure full accessibility by 2025 and keeping its unkept promise to effectively enforce the AODA. A private accessibility certification process is no substitute for needed accessibility standards that show obligated organizations what they need to do, and a full and comprehensive AODA audit or inspection, conducted by a director or inspector duly authorized under the AODA.

4. The Government cannot claim that it has deployed the AODA’s compliance/enforcement powers to the fullest and gotten from the AODA all it can in terms of increasing accessibility among obligated organizations. The Government has invested far too little in AODA enforcement.

5. The entire idea of a private organization certifying an obligated organization as “accessible” is fraught with inescapable problems. Obligated organizations will ultimately realize that a so-called “accessibility certification” through a private accessibility certification process is practically useless. It does not mean that their organization is in fact accessible. It cannot give that obligated organization any defence if an AODA inspection or audit reveals that the organization is not in compliance with an AODA accessibility standard, or if the organization is subject to a human rights complaint before the Ontario Human Rights Tribunal. An obligated organization cannot excuse itself from a violation of the AODA, the Ontario Human Rights Code or the Charter of Rights by arguing that thanks to its private accessibility certification, it thought it was obeying the law.

6. A private accessibility certification could mislead people with disabilities into thinking an organization is fully accessible in a situation where that organization is not in fact fully accessible.

7. Obligated organizations that have spent their money on a private accessibility certification will understandably become angry or frustrated when they find that this certification does not excuse unlawful conduct. They will understandably share these feelings with their business associates. Ontarians with disabilities don’t need the Government launching a new process that will risk generating such backlash.

8. A private accessibility certification could have a very limited shelf-life. When the Government enacts a new accessibility standard (as it has promised to do in the area of health care), or revises an existing one, (as the Government is required to consider every five years in the case of existing AODA accessibility standards), that certification would have to be reviewed once new accessibility requirements come into effect.

9. The Government’s idea that a private accessibility certification process would be self-financing creates additional serious problems.

10. Any private certification process raises serious concerns about public accountability. As such, the public will not be able to find out how it is operating, beyond any selective information that the Government or the private certifier decides to make public. Without full access to the activities and records of a private certifier, the public cannot effectively assess how this private accessibility certification process is working, and whether it is helping or hurting the accessibility cause”



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Despite No Announced Plans to Implement the David Onley AODA Independent Review Report, the Ford Government Gives 1.3 Million Dollars to Help Finance a Private Accessibility Certification Program — A Use of Public Money We Don’t Support


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

Despite No Announced Plans to Implement the David Onley AODA Independent Review Report, the Ford Government Gives 1.3 Million Dollars to Help Finance a Private Accessibility Certification Program — A Use of Public Money We Don’t Support

May 17, 2019

          SUMMARY

Why has the Ford Government dragged its feet for months on taking new action to effectively implement and enforce the Accessibility for Ontarians with Disabilities Act (AODA)? Why instead, amidst a flurry of its controversial budget cuts across the Ontario Government, has the Government decided to invest 1.3 million new public dollars over two years in the private accessibility certification process now operated by the Rick Hansen Foundation (RHF)?

This is not an appropriate use of public money. Instead, the Ford Government needs to now announce a bold and comprehensive plan of action to implement the key recommendations of the David Onley Independent Review of the AODA’s implementation and enforcement. Any new public money in this area should be allocated to that effort.

The Ford Government has in effect done nothing new to strengthen the AODA’s implementation in its first 11 months in office, apart from this new announcement. It has been 106 days since the Ford Government received the final report of the David Onley Independent Review of the AODA’s implementation and Enforcement. The Government has announced no plans to implement that Report’s spectrum of recommendations. This is so even though Ontario’s Accessibility minister Raymond Cho said in the Legislature on April 10, 2019 that David Onley did a “marvelous job” in that report and that Ontario has only progressed 30% towards its target of becoming fully accessible to people with disabilities.

The Onley Report found that Ontario is well behind schedule for reaching full accessibility for people with disabilities by 2025 as the AODA requires. It concluded that progress on accessibility in Ontario has proceeded at a glacial pace, and that Ontario remains a province full of disability barriers.

Instead of announcing any new measures that the Onley Report recommended, in this spring’s Ontario Budget, the Ford Government announced that it is giving the RHF some 1.3 million dollars over two years for its private accessibility certification process. We have serious concerns with this.

We have been on the public record for over four years expressing our strong opposition to any public money going into any private accessibility certification process, no matter who runs it. This Update tells you why. In summary:

  1. a) A private accessibility certification in reality certifies nothing. It provides no defence to enforcement proceedings under the AODA, the Ontario Building Code, a municipal bylaw, the Ontario Human Rights Code, or the Canadian Charter of Rights and Freedoms.
  1. b) A private accessibility certification process lacks an assurance of public accountability.
  1. c) A private certification of accessibility can be misleading to the public, including to people with disabilities.
  1. d) The Government should not be subsidizing one accessibility consultant over another.
  1. e) Spending public money on a private accessibility certification process is not a priority for efforts on accessibility in Ontario or a responsible use of public money.
  1. f) The Onley report recommended important and much-needed measures to address disability barriers in the built environment that the Ford Government has not yet agreed to take, but it did not recommend spending scarce public money on a private accessibility certification process.

          MORE DETAILS

1. Why We Oppose Public Money Being Spent to Help Finance a Private Accessibility Certification Process, No Matter Who Operates It – A Closer Look

1. Overview

The RHF has for some time been offering a private accessibility certification process for buildings. From what we understand, an organization can choose to pay the RHF to have someone visit that building and give it an accessibility rating based on whatever standard of accessibility that the RHF has decided to use. They call this an accessibility “certification.” You can learn more about the RHF program by visiting its website at: https://www.rickhansen.com/become-accessible

We have several serious concerns about investing any public money in this. It is not a responsible use of public money. We voice these concerns no matter what organization were to be publicly funded to conduct this private accessibility certification process. We voiced these concerns before the RHF began offering its certification services. We recognize the RHF’s good work in other areas.

Whether a private organization wants to offer its accessibility certification services, and whether any organizations wish to pay for those services, is up to those organizations. The issue we address here is whether the taxpayer’s money should be used to help subsidize this.

We have publicly stated over the past four years that the Ontario Government should not invest any public money in a private accessibility certification process. The former Ontario Government flirted with the idea of investing public money in a private accessibility certification process four years ago. It evidently invested a great deal of public money in a private consulting firm, Deloitt, to create a public report exploring this idea. We took part in that consultation and voiced our strong and principled opposition to this whole idea as a place to put any public money.

Fortunately, the former Government eventually saw the light, and dropped the idea. It is deeply troubling that the new Ford Government is going further down the wrong road that the former Government had explored.

To read the AODA Alliance’s February 1, 2016 brief to Deloitt on the problems with publicly funding any private accessibility certification process, visit https://www.aoda.ca/aoda-alliance-sends-the-deloitte-company-its-submission-on-the-first-phase-of-the-deloitte-companys-public-consultation-on-the-wynne-governments-problem-ridden-proposal-to-fund-a-new-private-ac/

2. A Private Accessibility Certification in Reality Certifies Nothing

The very idea of a private organization certifying another organization or its building as accessible is fraught with problems. Organizations that seek this certification of their building will eventually realize that a so-called accessibility certification through a private accessibility certification process is not what it may appear to be.

Such a certification does not mean that the organization is in fact accessible. All that is certified is a building. The services delivered inside the building may have serious accessibility barriers.

Moreover, the certification does not even mean that the built environment in the building is in fact accessible and free of disability barriers.

Such a certification cannot give that organization a defence if there is an objection that the building does not comply with accessibility requirements in the AODA, the Ontario Building Code or a municipal bylaws. An accessibility certification similarly does not provide a defence if the organization is subject to a human rights complaint before the Ontario Human Rights Tribunal, or in the case of a public-sector organization, a disability equality rights claim under the Canadian Charter of Rights and Freedoms. An organization cannot excuse itself from a violation of the AODA, the Ontario Human Rights Code, the Ontario Building Code or a municipal bylaw, or the Charter of Rights by arguing that thanks to its private accessibility certification, it thought it was obeying the law and was accessible.

In addition, a private accessibility certification can have a very limited shelf-life. If anything changes in that building, such as a garbage can blocking an accessibility ramp, the assertion of certified accessibility becomes disconnected with the actual experience of people with disabilities.

When the Government enacts a new accessibility standard (as is under development in the area of health care), or revises an existing one, (as the Government is required to consider every five years in the case of existing AODA accessibility standards), that certification would have to be reviewed once new accessibility requirements come into effect.

An accessibility certification from a private accessibility certification process ultimately means nothing authoritative. At most, it is an expression of opinion by a private self-appointed certifying organization that it thinks the building in question meets whatever standard for accessibility that the private certifying organization chooses to use. That standard may itself be deficient. Its inspection may be faulty or incomplete.

It is therefore an over-statement to call this an accessibility certification. What it boils down to in real terms is something along the lines of the advice an organization might seek from one of many accessibility consultants.

Several such consultants now operate in Ontario, on a fee-for-service basis. They are available to audit an organization’s building or its plans for a new building. They can give advice on barriers in the building. They can recommend accessibility improvements to an existing building or plans for a new building. What they give is advice, not certification.

As well, there is no assurance that the people who do the actual certifying have as much expertise on accessibility as do other accessibility consultants.

3. A Private Accessibility Certification Process Lacks an Assurance of Public Accountability

There is no assurance of public accountability in a private accessibility certification process. For example, the public has no way to know or assure itself that the private certifier is making accurate assessments.

4. A Private Certification of Accessibility Can Be Misleading to the Public, Including to People with Disabilities

If an organization receives a top-level accessibility certification, that organization may be led to think they have done all they need to do on accessibility. The public, including people with disabilities, and design professionals may be led to think that this is a model of accessibility to be emulated, and that it is a place that will be easy to fully access. This may turn out not to be the case if the certifier uses an insufficient standard to assess accessibility, and/or if it does not do an accurate job of assessing the building and/or if things change in the building after the certification is granted.

5. The Government Should Not Be Subsidizing One Accessibility Consultant over Another

In a field where there are a number of accessibility consultants providing advisory services, there is no good reason why the Ontario Government should choose to subsidize one of them. If it were to do so, it should presumably first hold an open competitive bid process. It should not be limited to an organization that calls its accessibility advice a “certification” for the reasons set out above.

Moreover, we see no reason why there should be any public subsidy here. Such an accessibility certification should simply operate on a fee-for-service basis, as do all other accessibility consultants and advisors, whether or not they call their advice “accessibility certification.”

6. Spending Public Money on a Private Accessibility Certification Process Is Not a Priority for Efforts on Accessibility in Ontario or a Responsible use of Public Money

Due to its concern over the public debt and deficit, the Ford Government is now implementing major and controversial budget cuts in a large number of areas across the Government. At least some of those cuts have real and troubling implications for people with disabilities.

If the Ontario Government was looking for somewhere to inject a new spending of 1.3 million public dollars to serve the needs of people with disabilities, including in the accessibility context, public spending on a private accessibility certification process would certainly not be a priority. It is not an appropriate public expenditure.

For example, as we covered in our May 13, 2019 AODA Alliance Update, the Ford Government appears to be cutting its expenditures on existing Standards Development Committees that are doing work in the health care and education areas. This new 1.3 million dollars could better be spent in part to ensure that there is no cut to the number of days that those Standards Development Committees can work.

As well, there is a pressing need for the Government to now appoint a Built Environment Standards Development Committee to recommend an appropriate accessibility standard to deal with barriers in the built environment. These public funds could also be far better used to beef up the flagging and weak enforcement of the AODA.

7. The Onley Report Recommended Important Measures to Address Disability Barriers in the Built Environment that the Ford Government has not yet Agreed to take, But it did not Recommend Spending Scarce Public Money on a Private Accessibility Certification Process

It is striking that the final report of the David Onley AODA Independent Review, which Accessibility Minister Raymond Cho called “marvelous,” did not recommend that public money be spent on a private accessibility certification process. This takes on special importance since the AODA Alliance had urged the Onley Report not to recommend any public investment in a private accessibility certification process. Below we set out an excerpt from Chapter 4 of the AODA Alliance’s January 15, 2019 brief to the Onley AODA Independent Review.

It makes no sense for the Ford Government to announce only one new action on the accessibility front, and for it not to be any of the priority actions that that the Onley Report recommended. The Ford Government indicated last fall that it was awaiting the Onley Report before deciding on what to do in the area of accessibility for people with disabilities. In his December 20, 2018 letter to the chair of the K-12 Education Standards Development Committee, Accessibility Minister Cho wrote:

“In this regard, we will be waiting to review Mr. Onley’s report before considering the best path forward to further improving accessibility in Ontario.”

We commend the Onley Report for not recommending that public money be spent in that area. Mr. Onley clearly knew about this issue from our brief and from his prior activities in the accessibility field. He declared that the built environment should be a priority area for new action. Moreover, he offered other specific recommendations to address barriers in the built environment – recommendations that the Ford government has not yet agreed to take.

More broadly, the Onley Report also made a number of important recommendations for new Government action on accessibility beyond the built environment. With one exception addressed below (that is not relevant here), the Government has not yet announced any action on any of them, even though it has had the Onley Report for some 106 days.

Moreover, last July, long before the Onley Report was submitted, we called on the Ford Government to take a number of the priority actions that the Onley Report was later to recommend. See the AODA Alliance’s July 17, 2018 letter to Accessibility Minister Raymond Cho and our July 19, 2018 letter to premier Doug Ford. Publicly funding a private accessibility certification process is not a substitute for, or better than, Government action on any of those important priorities.

Over the past eleven months, the only new action which the Ford Government has announced on accessibility and that is recommended in the Onley Report has been to belatedly lift the Government’s unwarranted and harmful 9-month freeze on the work of AODA Standards Development Committees that were previously developing recommendations for what to include in new accessibility standards in the areas of health care and education. Yet it was the Ford Government that let that freeze run for nine months.

Investing public funds in implementing key recommendations in the Onley Report is far more important to progress on accessibility for people with disabilities than publicly subsidizing a private accessibility certification process.

2. Excerpt from Chapter 4 of the AODA Alliance’s January 15, 2019 Brief to the David Onley Independent Review of the AODA’s Implementation and Enforcement, Entitled “The Need for New Accessibility Standards, Including a Strong and Comprehensive Built Environment Accessibility Standard”

d) The Ontario Government Should Not Invest Public Funds in or Support any Private Accessibility Certification Process in Ontario

Several years ago, the former Ontario Government toyed with the idea of supporting the establishment of a private accessibility certification process in Ontario. It evidently spent hundreds of thousands of dollars on a private consulting firm, Deloitt, to explore this. Eventually, after Economic Development Minister Brad Duguid was shuffled out of the AODA portfolio in June 2016, this idea was in effect dropped. We opposed the idea of a private accessibility certification process and opposed the Government investing any public money in it. We urge this AODA Independent Review not to re-open that topic, and not to recommend a private accessibility certification process.

The February 1, 2016 AODA Alliance Update set out this backgrounder on this issue, including a summary of the AODA Alliance’s submission to the Deloitt consulting firm. It said:

“Back on November 16, 2015, the Wynne Government launched a public consultation on its proposal that the Government create a private process for an as-yet-unnamed private organization to provide a private, voluntary accessibility certification of the obligated organization. The Government’s November 16, 2015 email, news release and web posting on this were thin on details.

The Government did not have its own Accessibility Directorate conduct this consultation. Instead, at public expense, the Wynne Government hired the private Deloitte firm to consult the public.

Last fall, we moved as fast as possible to prepare and circulate a draft submission to Deloitte. It was emailed and posted on the web for public comment on November 25, 2015. We have repeatedly sent out invitations for input on it via Twitter and Facebook.

Last fall, we promptly shared our draft submission with Deloitte and with senior Government officials. On December 5, 2015, we wrote Economic Development Minister Brad Duguid to ask for important specifics on the Deloitte consultation. The Government has not answered that letter.

  1. Summary of the AODA Alliance’s February 1, 2016 Submission to the Deloitte Company

This submission’s feedback on the idea of the Ontario Government financing the creation of a private accessibility certification process is summarized as follows:

  1. It is important to probe beyond any superficial attractiveness that some might think a private accessibility certification process has.
  1. It is important for the Government to first decide whether it will adopt a private accessibility certification process, before public money and the public’s effort are invested in deciding on the details of how such a process would work. Several serious concerns set out in this submission are fatal to any such proposal, however its details are designed.
  1. Instead of diverting limited public and private resources, effort and time into a problematic private accessibility certification process, the Government should instead increase efforts at creating all the AODA accessibility standards needed to ensure full accessibility by 2025 and keeping its unkept promise to effectively enforce the AODA. A private accessibility certification process is no substitute for needed accessibility standards that show obligated organizations what they need to do, and a full and comprehensive AODA audit or inspection, conducted by a director or inspector duly authorized under the AODA.
  1. The Government cannot claim that it has deployed the AODA’s compliance/enforcement powers to the fullest and gotten from the AODA all it can in terms of increasing accessibility among obligated organizations. The Government has invested far too little in AODA enforcement.
  1. The entire idea of a private organization certifying an obligated organization as “accessible” is fraught with inescapable problems. Obligated organizations will ultimately realize that a so-called “accessibility certification” through a private accessibility certification process is practically useless. It does not mean that their organization is in fact accessible. It cannot give that obligated organization any defence if an AODA inspection or audit reveals that the organization is not in compliance with an AODA accessibility standard, or if the organization is subject to a human rights complaint before the Ontario Human Rights Tribunal. An obligated organization cannot excuse itself from a violation of the AODA, the Ontario Human Rights Code or the Charter of Rights by arguing that thanks to its private accessibility certification, it thought it was obeying the law.
  1. A private accessibility certification could mislead people with disabilities into thinking an organization is fully accessible in a situation where that organization is not in fact fully accessible.
  1. Obligated organizations that have spent their money on a private accessibility certification will understandably become angry or frustrated when they find that this certification does not excuse unlawful conduct. They will understandably share these feelings with their business associates. Ontarians with disabilities don’t need the Government launching a new process that will risk generating such backlash.
  1. A private accessibility certification could have a very limited shelf-life. When the Government enacts a new accessibility standard (as it has promised to do in the area of health care), or revises an existing one, (as the Government is required to consider every five years in the case of existing AODA accessibility standards), that certification would have to be reviewed once new accessibility requirements come into effect.
  1. The Government’s idea that a private accessibility certification process would be self-financing creates additional serious problems.
      1. Any private certification process raises serious concerns about public accountability. As such, the public will not be able to find out how it is operating, beyond any selective information that the Government or the private certifier decides to make public. Without full access to the activities and records of a private certifier, the public cannot effectively assess how this private accessibility certification process is working, and whether it is helping or hurting the accessibility cause…”



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102 Days after the Ford Government Received David Onley’s Independent Review of the AODA, the Government Has Still Not Announced a Detailed Plan to Implement It


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

May 13, 2019

SUMMARY

We have recently focused a lot of attention on Parliament in Ottawa, and on Bill C-81, the proposed federal Accessible Canada Act. Yet we never lose sight of important issues at the provincial level at Queen’s park. Here’s the latest!

In a nutshell, the Ford Government has been proceeding at the speed of a turtle in slow motion, when it comes to the implementation and enforcement of the Accessibility for Ontarians with Disabilities Act (AODA). Almost 11 months after the new Ontario Government took office, we’ve seen no indication of any action to speed up and strengthen the AODA’s faltering implementation and enforcement. This stands in striking contrast to certain other areas of governing, where the new Ontario Government has shown itself quite ready to act in a swift and decisive way. In this Update you can read the latest about the following issues, and then read the actual documents on point:

* Ontario Accessibility Minister wrote the AODA Alliance on April 10, 2019 but had little to say.

* On April 10, 2019 Ontario’s Accessibility Minister was questioned in Question Period in the Legislature about the Onley Report on the AODA’s implementation and enforcement, but again had little to say.

* Letters to the editor in newspapers continue to be a great way to help our accessibility campaign, as recent examples show, and

* Over two months after the Ford Government said it was lifting its 9-month freeze on the work of the AODA Health Care and Education Standards Development Committees, no new meetings of These Committees have even been scheduled.

We will have more to say on recent developments on the Ontario front over the next weeks.

MORE DETAILS

1. A Closer Look at Recent Developments on the Provincial Front

a) Ontario Accessibility Minister Wrote the AODA Alliance on April 10, 2-019 But Had Little to Say

On April 3, 2019, Minister for Accessibility and Seniors Raymond Cho wrote the AODA Alliance. We set out his letter below.

The minister was answering two earlier letters from the AODA Alliance. In our February 6, 2019 letter, we asked the Minister to immediately lift his Government’s long freeze on the work of Standards Development Committees that were developing recommendations on what to include in new AODA accessibility standards to tear down disability barriers in the areas of health care and education. We also asked his Government to quickly make public the final report of David Onley’s Independent Review of the AODA’s implementation and enforcement.

In our March 11, 2019 letter, we asked the Government to “clearly and publicly accept the findings in the Onley report regarding the AODA’s implementation and enforcement.” We also asked him to quickly take action on five priority areas identified in the Onley report, namely:

1. to appoint a new Standards Development Committee under the AODA to address the removal and prevention of all kinds of disability barriers in the built environment. The Onley report identified this as a top priority. That Standards Development Committee should be free to address, among other things, requirements in the deficient Ontario Building Code. It should be able to address built environment in residential housing. It should also conduct the mandatory 5-year review of the 2012 Public Spaces Accessibility Standard. The Ontario Government remains in violation of the AODA, because it has not yet appointed a Standards Development Committee to conduct that mandatory review. It was obligatory to appoint that review by the end of 2017, when the former Ontario Government was still in power.

2. to now launch a short, focused public consultation leading to your Governments identifying the other accessibility standards that need to be developed to ensure that the AODA leads Ontario to become accessible to people with disabilities by 2025.

3. to substantially strengthen the Government’s enforcement of the AODA, which the Onley report showed to be substantially deficient and ineffective.

4. to launch a major reform to ensure that public money is never used to create or perpetuate disability barriers, whether as a result of public spending on infrastructure, procurement, business grants or loans, or research grants. As part of this, a major reform is desperately needed regarding how Infrastructure Ontario deals with disability accessibility needs in the projects in which it is involved. We would add to the Onley report the fact that a similar reform is desperately needed at Metrolinx when it spends billions of public dollars on public transit infrastructure, and

5. to now implement a program to ensure that students in Ontario schools receive curriculum on accessibility for and inclusion of people with disabilities in society, and to ensure that key professional, like architects, get much-needed training on accessibility for people with disabilities.

Our March 11, 2019 letter thanked the Government for releasing the Onley report to the public on March 7, 2019 and for announcing that it was lifting its freeze on the work of the existing AODA Standards Development Committees that had been working in the areas of health care and education. Our letter urged the Government to get these existing advisory committees back to work as quickly as possible.

Minister Cho’s responding April 3, 2019 letter to us, set out below, was exceedingly general. It said nothing and committed to nothing on any of the issues we had raised and that then remained outstanding. He re-announced that the Government had lifted the freeze on the Standards Development Committees working in the areas of disability barriers in health care and education, something he’d earlier announced on March 7, 2019. Beyond that he only said that he’d have more to say at some unspecified future time.

The minister also said this in his letter:

“We are always interested in listening to businesses, non-profit organizations and the broader public sector to hear their views on accessibility.”

He made no mention of consulting with people with disabilities on accessibility. This takes on greater significance below. Read on!

b) On April 10, 2019 Ontario’s Accessibility Minister Was Questioned in Question Period About the Onley Report But Had Little to Say

On April 10, 2019, MPP Joel Harden, the NDP accessibility critic, directed questions at Accessibility Minister Cho about the Onley Report. He asked the minister if the Government accepts the findings in the Onley Report. He also asked for the minister’s plans regarding the implementation of the Onley Report’s recommendations. Below we set out the Hansard transcript of that exchange.

This was raised in the Legislature on an especially appropriate day. Later that day, NDP MPP Joel Harden held and hosted a Town Hall meeting at the Legislature for people with disabilities to describe the disability barriers they face and the corrective action they need. MPPs of all parties were invited to attend.

AODA Alliance Chair David Lepofsky was invited to co-MC the Town Hall. For several hours stretching through the afternoon, individuals and disability organizations presented pointed and troubling illustrations of the barriers that persist in 2019, 14 years after the AODA was enacted.

In response to MPP Harden’s question whether the minister accepts the Onley Report’s findings, Minister Cho said that Mr. Onley did a “marvelous job” in his report. The Minister criticized the previous Ontario Liberal Government’s performance on the accessibility issues and said “the accessibility is not done even 30%.” This seems to be a helpful recognition by the minister that Ontario has a long way to go to reach full accessibility by 2025, as the AODA requires. The Onley Report did not cite a specific 30% figure, but found that Ontario is far behind its goal of reaching accessibility by 2025.

In response to Mr. Harden’s question whether the minister would be releasing a plan of action in response to the Onley Report, and if so, when, the Minister said:

“After the Honourable David Onley completed his review, we tabled the review. I talked to himthree times, I went to see himand he emphasized getting jobs for people with disabilities is most important. Thats why were going to focus and Im going to hold my own town hall meeting with the business community.”

That answer included no commitment to create a plan of action in response to the Onley Report. The minister committed to no time lines for doing so.

The only action that the minister announced was a plan to hold a town hall for businesses. Of course, that could be one helpful step. However it is far less than what we need or what the Onley Report calls for. Here again, as in the case of the minister’s April 3, 2019 letter to the AODA Alliance the minister talked about consulting businesses, but not people with disabilities. We need the Government to do much more than to hold a town hall for businesses.

We want to thank MPP Harden for raising this issue in Question Period. We also thank him, his staff, and the other NDP MPPs and staff who helped make this Town Hall such a success. We also thank the MPPs from other parties who came to watch some of the Town Hall. In our usual spirit of non-partisanship, we encourage and invite all parties to host similar Town Hall events for the public including people with disabilities.

c) Letters to the Editor in Newspapers Continue to Be a great Way to Help Our Accessibility Campaign

As in the past, letters to the editor in Ontario newspapers remain a great way to help advance our ongoing non-partisan accessibility campaign.

On March 15, 2019, the Toronto Star ran two letters to the editor about the need for more provincial action on accessibility. One was by AODA Alliance Chair David Lepofsky. The other was by Janis Jaffe-White, a tenacious advocate for students with disabilities. We set these out below.

These letters were written to comment on and follow up on a great March 13, 2019 Toronto Star editorial that had called for action on accessibility as a result of the David Onley AODA Independent Review Report.

Whenever you notice an article on an accessibility issue in a newspaper, we encourage you to take the opportunity to get more coverage for this issue by sending in your own letter to the editor. If it gets published, let us know. You can always write us at [email protected]

d) Over Two Months After the Ford Government Said It Was Lifting Its 9-Month Freeze on the Work of the AODA Health Care and Education Standards Development Committees, No New Meetings of These Committees Have Even Been Scheduled

Last June, in the wake of the June Ontario election, the work of AODA Standards Development Committees in the areas of disability barriers in our health care system and education system were frozen. For those of you who have been following our AODA Alliance Updates for several months, You will recall that we spent a great deal of time and effort to get the Ford Government to lift that freeze.

After months of this effort, the Ford Government agreed partway through last fall to lift its freeze on the work of the Employment Standards Development Committee and Information and Communication Standards Development Committee. However it left the other Standards Development Committees frozen. They were focusing on disability barriers in health care and education. We need those remaining advisory committees to get back to work, developing recommendations on the disability barriers and education that need to be removed and prevented in new AODA accessibility standards.

The Ford Government gave various excuses for that freeze. The Minister for Accessibility and Seniors needed time to be briefed, we were originally told. Six months after the freeze went into effect, and long after the Minister for Accessibility and Seniors had had ample time to be briefed, the Government said for the first time that it was awaiting the David Onley AODA Independent Review Report before it decide what to do about the freeze.

That reason for continuing the freeze was unconvincing. It was quite obvious that Mr. Onley would recommend that that freeze be lifted. Mr. Onley submitted his report to the Ontario Government on January 31, 2019, fully 102 days ago. He did indeed recommend that that freeze be lifted.

The Ford Government waited until March 7, 2019 to announce that it was lifting that freeze. Yet over two months since that announcement, and over four months since the Ford Government received the Onley Report, no meetings have yet even been scheduled for the Standards Development Committees working in the areas of health care or education.

On May 6, 2019, members of the K-12 Education Standards Development Committee received an email from the Accessibility Directorate of Ontario. AODA Alliance Chair David Lepofsky is a member of that Standards Development Committee. We set that email out below.

On the one hand, it is good that Accessibility Directorate of Ontario is finally reaching out with preliminary steps that aim towards scheduling the next meeting of the K-12 Education Standards Development Committee. As well, the email describes some changes to the way the Standards Development Committee will be operating.

We are open to improving the process for the Standards Development Committees. Our brief to the Onley AODA Independent Review included an entire chapter that detailed problems with the way the former Ontario Government operated those committees. The previous minister had, we regret, been unwilling to make changes as a result of concerns we had raised last spring.

We are, however, concerned about some of the specific changes announced in this new email. There is no reason why the Government should have waited over two months since it announced it decision to lift its freeze on these Standards Development Committees just to ask members of those committees whether they want to continue on those committees, and whether they have changed their job. That inquiry should have been made back on March 7, 2019, when the Government announced that these committees would resume their work. The Government has not yet canvassed about available dates so that the next committee meeting can be scheduled.

It appears that the Government has substantially reduced the amount of actual time when the K-12 Education Standards Development Committee can meet and do its important work. We assume that the same will be the case for the Post-Secondary Education Standards Development Committee and the Health Care Standards Development Committee. The Government is reducing meetings from two days to one, and reducing by an undisclosed amount the total number of meeting days. This is especially problematic since the committees lost the chance to do any work over the past year due to the Government’s freeze on their work. During that year, they could have been making substantial progress if not coming close to finishing their work. students with disabilities and health care patients with disabilities are suffering the consequences.

It appears that the Government wants out-of-town committee members to take part in meetings by phone rather than in person. While reasonable cost-saving measures are understandable, this measure threatens to create real problems. The K-12 Education Standards Development Committee has over 20 members. It is hard to build the kind of cooperative exchange of ideas and views if some if not many are taking part over a speaker phone.

The Accessibility Directorate of Ontario’s email says that Committee members will later receive a letter of re-engagement from the minister. This is an unnecessary step. Those who were previously appointed to these Standards Development Committees remain as members of these Standards Development Committees under the AODA. The June 2018 election and its results did not change that, or dissolve these Committees. There is no need to add yet another bureaucratic step to this process which has already been delayed for too long.

We will keep you posted on developments on this front.

2. April 3, 2019 Letter to the AODA Alliance from Minister for Accessibility and Seniors Raymond Cho, In Response to the AODA Alliance’s February 6 and March 11, 2019 Letters to the Minister

Thank you for your letters regarding the review of the Accessibility for Ontarians with Disabilities Act, 2005. I appreciate hearing your thoughts and concerns.

The government is taking immediate action as it continues to work towards improving the lives of people with disabilities. We are resuming the Health Care and K-12 and Post-Secondary Education Standards Development Committees, which is something we’ve heard Ontarians ask for.

We are always interested in listening to businesses, non-profit organizations and the broader public sector to hear their views on accessibility. I am also working with my colleagues across other Ministries to review the Honourable David Onley’s Third Legislative review of the AODA and move forward with a plan to improve accessibility in Ontario.

The government will continue to consider Mr. Onley’s recommendations and will have more to say on next steps in the future. We are committed to working with Ontarians towards improving accessibility and we will take the time to get this right for all Ontarians.

Thank you again for writing. Please accept my best wishes.

Sincerely,
Raymond Cho
Minister

3. Ontario Hansard April 10, 2019
Originally posted at https://www.ola.org/en/legislative-business/house-documents/parliament-42/session-1/2019-04-10/hansard

Question Period

Accessibility for persons with disabilities

Mr. Joel Harden: My question today is for the Minister for Seniors and Accessibility. Today, people with disabilities from across Ontario are converging right here at Queens Park because were hosting an open forum for them. They are fed up with our provinces agonizingly slow progress towards making this province fully accessible and the barriers that are preventing them from living their lives to the fullest.

In his report on the third review of the Accessibility for Ontarians with Disabilities Act, the Honourable David Onley said the following: For most disabled persons, Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers.

My question to the minister: Do you accept the findings of the Onley report?

Hon. Raymond Sung Joon Cho: Id like to thank the member for raising that question. First of all, Id like to thank the Honourable David Onley. He did a marvelous job; I read the report.

Id like to refer that question to the Liberal Party. They were in government for 15 years and the accessibility is not done even 30%.

By the way, I will drop by your town hall meeting.

Our government is open for business for everybody, even people with disabilities, and Ill try my best as minister.

The Speaker (Hon. Ted Arnott): Supplementary?

Mr. Joel Harden: Thank you to the minister for that answer, but 1.9 million Ontarians with disabilities actually deserve better. This is a human rights issue. Stalling any further and only looking backwards is not an option.

The AODA sets a target for this province to be fully accessible by 2025, but the Onley report says we are nowhere near achieving that goal. Mr. Onley has 15 recommendationsSpeaker, to the ministerfor improving accessibility through stronger enforcement, new standards for buildings and making sure public money is never used again to create new barriers. Will the minister be releasing a plan of action and response to the Onley report, and if so, Speaker, when can we expect that plan of action?

Hon. Raymond Sung Joon Cho: Thank you again for the question. After the Honourable David Onley completed his review, we tabled the review. I talked to himthree times, I went to see himand he emphasized getting jobs for people with disabilities is most important. Thats why were going to focus and Im going to hold my own town hall meeting with the business community. Thank you for the question.

4. The Toronto Star March 15, 2019

Originally posted at: https://www.thestar.com/opinion/letters_to_the_editors/2019/03/15/praising-advocacy-for-those-with-disabilities.html

Letters to the Editor

Praising advocacy for those with disabilities

Time to clear the way, Editorial, March 13

Three cheers for the Star editorial “Time to clear the way.” It calls for the Ford Government to swiftly implement former Lieutenant Governor David Onley’s report that shows that 1.9 million Ontarians with disabilities still face far too many disability accessibility barriers. As the leading non-partisan disability coalition that’s campaigned for accessibility for almost a quarter century, we strongly support Onley’s findings and key recommendations.

We’ve asked Ford’s minister to accept Onley’s findings and to get to work swiftly on taking action. Ontarians with disabilities cannot afford more months of waiting.

As Onley said, Premier Ford needs to make accessibility for people with disabilities a major priority.

David Lepofsky, Toronto

The editor is right. This situation is “clearly unacceptable.” Thisis a violation of human rights under the Ontario Human Rights Code. The basic problem is lack of enforcement of the law. Everyone has the legal right to be treated equitably.

Onley is right as well. People with disabilities often feel they “don’t belong here.” School is a mini-society where inclusion develops attitudes of acceptance and belonging. It is not the curriculum that is the problem. It is the living of acceptance of all individuals within the school system and wider community. To achieve accessibility and full participation of everyone, an emphasis must be placed on compliance with and enforcement of the legally mandated human-rights requirements.

Janis Jaffe-White, Toronto

5. May 6, 2019 Email from the Accessibility Directorate of Ontario to Members of the K-12 Education Standards Development Committee

Please see the message below, sent from the Accessibility for Ontarians with Disabilities Division. We ask that you kindly provide your response by Friday May 10th.



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