SUMMARY

The Conservative Government has placed the following package of proposed amendments to Bill 125 before the Standing Committee on Finance and Economic Development. (About 6 pages)

We have not yet had time to analyze these to see what impact they will have. Because the Government has a majority,it can ensure that its proposed amendments get passed.

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Government Motion

Bill 125

An Act to improve the identification, removal and prevention of barriers faced
by persons with disabilities and to make related amendments to other Acts

MOTION TO BE MOVED IN COMMITTEE
(On peut obtenir la version francaise de cette motion aupres du greffier.)

Subsection 2 (1), definition of "barrier"

I MOVE that the definition of "barrier" in subsection 2 (1) of the Bill be
struck out and the following substituted:

"barrier" means an obstacle to access for a person because of the person's
disability or disabilities and includes a physical barrier, an attitudinal
barrier, a method of communication, a policy, or a practice, ("obstacle")

Subsection 2 (1), definition of "disability"

I MOVE that clause (a) of the definition of "disability" in subsection 2 (1) of
the Bill be amended by inserting "a brain injury" after "epilepsy"

Section 3

I MOVE that section 3 of the Bill be struck out and the following substituted:
Recognition of other legal obligations

3. Nothing in this Act, the regulations or the guidelines made under this
Act limits in any way the legal obligations of the Government of Ontario or any
person or organization with respect to the provision of access for persons with
disabilities under any other Act, including the Human Rights Code, or under any
regulation.

Section 6

I MOVE that section 6 of the Bill be struck out and the following substituted:

Government internet sites

6. The Government of Ontario shall provide its internet sites in a format
that is accessible to persons with
disabilities, unless it is not technically feasible to do so.

Section 7

I MOVE that section 7 of the Bill be struck out and the following substituted:

Government publications
7. Within a reasonable time after receiving a request by or on behalf of a
person with disabilities, the Government of
Ontario shall make an Ontario Government publication available in a format that
is accessible to the person, unless it is not technically feasible to do so.

Subsection 10 (1)

I MOVE that subsection 10 (1) of the Bill be struck out and the following
substituted:

Ministry accessibility plans
(1) Each ministry shall,

(a) prepare an accessibility plan as part of its annual planning process, and

(b) consult with the Accessibility Directorate of Ontario In preparing the
plan.

Subsection 11 (1)

I MOVE that subsection 11 (1) of the Bill be struck out and the following
substituted.

Municipal accessibility plans
(1) Each year, the council of every municipality shall,

(a) prepare an accessibility plan, and

(b) either,

(i) seek advice from the accessibility advisory committee that it establishes
or continues under subsection 12 (1), or

consult with persons with disabilities and others, if the council has not
established or continued an accessibility advisory
committee under subsection 12 (1).

Subsection 12 (1)

I MOVE that subsection 12 (1) of the Bill be struck out and the following
substituted:

Accessibility advisory committees
(1) The council of every municipality having a population of not less than
10,000 shall establish or continue an accessibility advisory committee and the
council of every municipality having a population of less than 10,000 may
establish or continue an accessibility, advisory committee.

Duty of committee
(1.1 ) The committee shall advise the council in each year about the
preparation, implementation and effectiveness of its accessibility plan.

Members
(1.2) A majority of the members of the committee shall include persons
with disabilities.

Subsection 12 (3)

I MOVE that subsection 12 (3) of the Bill be struck out and the following
substituted:

Functions
(3) The committee shall,

(a) perform the functions set out in this section, including reviewing in a
timely manner the site plans and drawings
described in section 41 of the Planning Act that the committee selects; and

(b) perform all other functions that are specified in the
regulations.

Supplying site plans
(4) If the committee selects site plans and drawings
described in section 41 of the Planning Act to review, the
council shall supply them to the committee in a timely manner for the purpose
of the review.

Subsection 14 (1)

I MOVE that subsection 14 (1) of the Bill be struck out and the following
substituted.

Public transportation organizations
(1) Each year, every public transportation organization shall,

(a) prepare an accessibility plan, and

(b) consult with persons with disabilities and others in
preparing the plan.

Subsection 15 (1)

I MOVE that subsection 15 (1) of the Bill be struck out and the following
substituted:

Scheduled organizations
(1) Each year, every Scheduled organization shall,

(a) prepare an accessibility plan, and

(b) consult with persons with disabilities and others in
preparing the plan.

Section 17

I MOVE that section 17 of the Bill be amended by adding the following
subsections:

Joint accessibility advisory committees
(3) Two or more municipalities or organizations specified by a regulation
made under clause 22 (1) (g) that are each required to establish or continue an
accessibility advisory committee may establish or continue a joint
accessibility advisory committee.

No individual committees
(4) Municipalities and organizations specified by a
regulation made under clause 22 (1) (a) that establish or
continue a joint accessibility, advisory committee are not each required under
this Act to establish or continue an accessibility advisory committee.

Clause 19 (4) (a)

I MOVE that clause 19 (4) (a) of the Bill be struck out and the following
substituted: (a) the implementation of this Act and the preparation of the
regulations:

Clause 19 (4) (d)

I MOVE that clause 19 (4) (d) of the Bill be struck out and the following
substituted.

(d) the accessibility for persons with disabilities to employment opportunities
in economic sectors in Ontario, and

Clause 20 (2) (a)

I MOVE that clause 20 (2) (a) of the Bill be struck out and the following
substituted:

(a) support the Accessibility Advisory Council of Ontario and consult with it;

Clause 20 (2) (c. 1)

I MOVE that subsection 20 (2) of the Bill be amended by adding the following
clauses:

(c. 1) request that the ministries, municipalities,
organizations specified by a regulation made under clause 22 (1 ) (g), public
transportation organizations, Scheduled
organizations, agencies or other persons or organizations that prepare
accessibility plans or policies as required by this Act provide the Directorate
with the accessibility plans or policies that the Directorate determines;

(c. 2) review, in the manner that it determines, accessibility plans or
policies from among those that it requests under clause (c. 1 );

Clause 20 (2) (d)

I MOVE that clause 20 (2) (d) of the Bill be struck out and the following
substituted:

(d) consult, as the Minister directs, with the Accessibility Advisory Council
of Ontario, persons with disabilities and those other persons and organizations
that the Minister directs to develop codes, codes of conduct, formulae,
standards, guidelines, protocols and procedures related to the subject-matter
of this Act,

(d.1) consider the comments that it receives on draft reculations under
subsection 22 (1.1 ) and make recommendations to the
Minister on the draft regulations;

Section 20.1

I MOVE that the Bill be amended by adding the following section:

Offences
20.1 The followiing are guilty of an offence and on
conviction are liable to a fine of not more than $50,000:

1. A ministry that contravenes clause 10 (1) (a) or subsection 10 (4).

2. A municipality or an Organization specified by a regulation made under
clause 22 (1) (g) that contravenes clause 11 (1) (a) or subsection 11 (4) or a
requirement in subsection 12 (1).

3. A public transportation organization that contravenes clause 14 (1) (a) or
subsection 14 (4).

4. A Scheduled organization that contravenes clause 15 (1) (a) or subsection
15 (4).

5. An agency that contravenes subsection 16 (1).

Subsection 22 (1)

I MOVE that subsection 22 (1) of the Bill be amended by adding at the beginning
"Subject to subsection (1.1)"

Clause 22 (1) (g)

I MOVE that clause 22 (1) (g) of the Bill be amended by striking out
"section 11 or 12" and substituting "section 11, 12 or 13."

Subsection 22 (1.1)

I MOVE that section 22 of the Bill be amended by adding the following
subsection:

Opportunity for comments
(1.1) The Lieutenant Governor in Council shall not make a regulation under
subsection (1) until it has published a draft of it in The Ontario Gazette and
allowed interested persons a
reasonable opportunity to make comments on the draft to the Accessibility
Directorate of Ontario.

Subsection 26 (1) of the Bill, (Human Rights Code)

I MOVE that the English version of subsection 26 (1) of the Bill be
amended by, adding at the beginning "The English version of"

Subsection 26 (3) of the Bill, (subsection 10 (1) of the Human Rights Code)

I MOVE that clause (a) of the definition of "disability" in subsection 10 (1)
of the Human Rights Code, as set out in
subsection 26 (3) of the Bill, be amended by, inserting "a brain injury" after
"epilepsy".

Subsection 26 (5) of the Bill, (Human Rights Code)

I MOVE that the English version of subsection 26 (5) of the Bill be amended by
adding at the beginning "The English version of"

Section 29 of the Bill, (subsection 41 (3) of the Municipal Elections Act,
1996)

I MOVE that section 29 of the Bill be amended by adding the following
subsection:

(0.1) Subsection 41 (3) of the Municipal Elections Act, 1996 is amended by
striking out "The clerk may" and substituting "The clerk shall"

Preamble

I MOVE that the preamble to the Bill be amended by striking out "persons
with disabilities" in the first paragraph and
substituting "persons of all ages with disabilities."

 

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