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ODA Committee Update
June 23, 2002

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE

ODA Committee Send The Citizenship Minister Our Proposed Ontario Government ODA One Year Workplan

June 14, 2002

SUMMARY

The Ontario Legislature passed the Ontarians with Disabilities Act 2001
six months ago yesterday. The ODA Committee has now sent the Citizenship
Minister Carl DeFaria our finalized Proposed Ontario Government ODA One
Year Workplan.

Below is the text of the Proposed Workplan. It is substantial the same as
the draft we sent out near the ened of May. Over the past couple of
weeks, we have done our best to incorporate the feedback we received on the
draft Workplan that we previously sent out. We thank all who took the time
to review the draft, and send in their thoughtful comments and feedback.

In a separate email, we will send you a copy of the letter which we have
now sent to the Citizenship Minister Carl DeFaria, in which we enclose the
proposed workplan. We will also include in that email the letter which we
have just sent to Mr. David Shannon, whom the Ontario Government appointed
to chair the Ontario Accessibility Advisory Council. In that letter we
congratulate Mr. Shannon and the others whom the Government appointed to
the Council, offer to work together with them, and provide them with both
our proposed workplan and our documents setting out the Ontario
Government's 13 commitments made to persons with disabilities last fall.

As always, we welcome your feedback on all of these materials. Send your
comments to:

oda@odacommittee.net

We would like to prepare and circulate a new Action Kit, with suggestions
on how you might make use of all these new materials to advance our goal of
a barrier-free province. Send us your suggestions of action ideas that can
be followed by our ODA supporters at the grassroots level. Email us with
your ideas at oda@odacommittee.net.

Finally, if you have any of your own ideas on what the Government should do
to implement the ODA effectively, beyond those set out in our Proposed
Workplan, we encourage you to send them to the Citizenship Minister, and to
share them with us.

*****

ONTARIANS WITH DISABILITIES ACT COMMITTEE

PROPOSED ONTARIO GOVERNMENT ONE-YEAR ODA WORKPLAN
June 12, 2002

OVERVIEW

In December 2001, the Ontario Legislature passed the Ontarians with
Disabilities Act 2001 (ODA). In the fall of 2001, the Ontario Government
made 13 important commitments to Ontarians with disabilities in connection
with the implementation of the ODA 2001. These promises are posted on the
ODA Committee website at www.odacommittee.net

The Ontarians with Disabilities Act Committee wishes to assist the Ontario
Government, including its new Accessibility directorate and Accessibility
Advisory Council, with the implementation of the ODA 2001. We are eager to
do whatever we can to help achieve a barrier-free Ontario for persons with
disabilities as soon as reasonably possible.

To move forward, it would be very helpful if the Ontario Government adopted
a workplan which details the major tasks that the Government will undertake
in the next year and time lines for them. To help, we have prepared this
proposed "Government One-Year ODA Workplan." Each suggested task has a
suggested date for completing the task. At the end of this workplan is a
schedule which lists in sequence all the tasks and time lines we propose in
chronological order.

While ambitious, we believe that these time-lines are reasonable and
practical. These suggestions build on the basis that the Government had
half a year for preparation work since it passed the ODA 2001 and had years
before that for developing this legislation.

Our proposed tasks and time lines also build on the fact that in fall 2001,
when the Government introduced the ODA 2001 into the Legislature, it also
published two important Government policy documents on this subject. These
were the Government's major policy document entitled "Independence and
Opportunity - Framework for Change," and its Vision Statement for Ontarians
with disabilities. These documents, together with the ODA 2001 itself, and
the Government's statements when its ODA bill was debated in the
Legislature, combine to set out the Government's detailed commitments and
strategies in this area.

In addition to the tasks addressed in this workplan, we understand that the
Government now has underway a review of the Ontario Building Code's
disability accessibility provisions. The Government committed to undertake
that review on November 23, 1998. We recommend that the Building Code
review should be coordinated with the Government's activities aimed at
implementing the ODA. The Building Code should be improved as soon as
possible. It should be extended to fully apply to new construction of
residential housing to the extent feasible. This is because persons with
disabilities face enormous difficulties in finding accessible housing.

We hope that our proposed workplan will help get some of the most immediate
and important actions underway. We encourage the Ontario Government,
including its Accessibility Directorate and the Accessibility Council, to
use this proposed ODA Workplan as an important basis for the final workplan
that the Government establishes. We hope they will find these suggestions
reasonable, or will adopt comparable strategies and time-lines in their
final workplan.

We hope and trust that all would agree that the real test for success will
be whether and to what extent Ontario makes serious, substantial, timely
progress at removing and preventing barriers against persons with
disabilities in all sectors of Ontario life, and whether after one year,
people with disabilities experience a significant improvement in their
capacity to fully participate in Ontario life.

GOVERNMENT ACCOUNTABILITY

The Government has emphasized the importance of governmental accountability
to the public for their activities. For maximum Government accountability
to the public, we recommend that the Government post its workplan on its
Ministry of Citizenship website. It should also post monthly updates on its
progress on these and other activities on the ODA 2001's implementation.

CONSULTATIONS WITH THE DISABILITY COMMUNITY AND OTHERS

The Government committed that the disability community would be put in the
driver's seat, driving reform in Ontario, and developing regulations under
the ODA 2001, including setting standards and time lines for removing and
preventing barriers. The disability community, the Ontario Accessibility
Advisory Council, local municipal accessibility councils and others are all
to play a role in this consultation process.

When we propose that public consultations be undertaken on an issue, we
suggest that these common practices be followed except if not possible: The
Government should widely publicize the forthcoming consultation well in
advance, including through the media. The disability community and others
interested in these issues need early notice of the opportunity for input.
The disability community and other stakeholders should get at least two
months' notice of the issues on which input is sought e.g. through the
publication of a Government Discussion Paper. After that two month period,
an opportunity for input should be provided around Ontario, not just in
Toronto. People should not be restricted to giving their input in written
form. For many, opportunities for written input can present barriers to
their full participation.

Wherever possible, different stakeholders should be brought together to the
same table to give input at the same time e.g. people from the disability
community together with people from the business community. they should not
be segregated from each other.

The Government should make publicly available the input it receives from
stakeholders, and any recommendations formulated by the Advisory Council.

SUMMARY OF ACTIVITY AREAS

In this proposed workplan, we recommend that the Government's ODA 2001
implementation activities be grouped in the following categories:

(I) PROCLAMATION OF ODA 2001

(II) APPOINTMENT OF DISABILITY ADVISORY BODIES

(III) ONTARIO GOVERNMENT COMPLIANCE

(IV) NEW GOVERNMENT INCENTIVE PROGRAM

(V) DEVELOPING ACCESSIBILITY PLANS AND POLICIES ACROSS ONTARIO

(VI) DEVELOPING STANDARDS AND TIME LINES FOR REMOVING AND PREVENTING
BARRIERS

(VII) DEVELOPING ENFORCEMENT MECHANISMS UNDER THE ODA 2001

Beyond these, there are other areas of work that the Ontario Government
will need to undertake during and after the next twelve months. The
Government should develop a workplan for those activities as well, in
consultation with the broad disability community and other stakeholders.

(I) PROCLAMATION OF ODA 2001

Some sections of the ODA 2001 were proclaimed in force in February 2002. As
of now, the majority of the provisions of the ODA 2001 have not been
proclaimed in force. Until they are proclaimed in force, no one need do
anything to obey those provisions. All will want to know now when they will
be expected to comply with the ODA 2001. The Government has announced that
it plans to have the legislation take effect by this fall but has not given
any details or timetable. We recommend:

1. The Ontario Government should immediately proclaim in force all
unproclaimed provisions of the ODA 2001 which do not need any work to be
done by Government before they can go into effect, including e.g.:

Section 12(1) (2) and (3) requiring municipalities to establish disability
advisory committees;

Section 23, power to make regulations.

Section 24 requiring a report on steps regarding accessibility taken by a
riding's election returning officer. This will enable Ontario to get such a
report regarding the recent by-elections.

Section 25 amendment to Election Finances Act. This could have benefitted
participants in the recent by-elections, and should be in place well before
the next provincial election, expected any time in the next year.

Section 26 Highway Traffic Act amendments regarding disability parking
spots and permits. These widely publicized provisions were part of the
Government's plans back in August 2000.

Section 28 amending the Legislative Assembly Act to require the Speaker of
the Ontario Legislature to work now on planning to remove and prevent
barriers in the Legislature. For example, barriers to physical
accessibility in the Legislative Building have been publicly highlighted
for years.

Section 29 amending the Municipal Act regarding disability parking spot
fines and empowering municipalities to impose disability accessibility
requirements in business licenses that the municipality grants.

Section 30 amending the Municipal Elections Act to provide for better
accessibility in upcoming municipal elections. It is important to proclaim
these now so that planning to implement this amendment can start now,
sufficiently in advance of next year's municipal elections.

Section 31 amending the Planning Act to require that disability
accessibility become part of the approval criteria for matters such as
plans of subdivision.

Section 32 Social Housing Reform Act amendments requiring accessibility in
the event any new social housing is developed in Ontario.

2. The Ontario Government should (now) announce its timetable for
proclaiming in force all other provisions of the ODA 2001 that are not
proclaimed in force now. This will let everyone know when they will have to
start complying with those provisions, and will let them start preparing
now to comply. All provisions should be proclaimed in force by this fall,
preferably by October 29, 2002.

3. Over the summer and fall of 2002, the Ontario Government should widely
publicize the proclamation of these provisions to the public, including
publicity directed to sectors directly affected by the provisions
proclaimed.

(II) APPOINTMENT OF DISABILITY ADVISORY BODIES

One element of the ODA 2001 which the Government has emphasized is the
creation of a provincial disability Accessibility Advisory Council and the
creation by municipalities of Disability Accessibility Advisory Committees.
It is important that these bodies be recruited and appointed as quickly as
possible so that they can get to work. The Government has recently
appointed the first five members to the Ontario Accessibility Advisory
Council. It has not indicated when the rest of the Council's members will
be appointed. It has been receiving nominations since last fall. Some
municipalities previously established disability advisory committees while
numerous others have not.

We therefore recommend:

4. The Government should (now) announce an open consultation process for
selecting the remaining members of the provincial Disability Accessibility
Advisory Council, which provides the disability community a say in the
selection process. The Government could, for example, publish a list of
possible candidates and solicit feedback on that list from the disability
community. The rest of the Council should be appointed by the end of June
2002, if not sooner.

5. By July 2002, the Ontario Government should publish a short action kit
for municipalities with suggestions on how the municipality should recruit
and appoint members of local municipal accessibility committees. The kit
should include strategies for making sure that the committees' membership
includes membership that supports effective removal and prevention of
barriers against persons with disabilities,and includes equitable
representation of different disability groups and of both genders. It
should include strategies on how to involve the municipality's disability
community in the selection process. These municipal committees should all
be in place by the end of September 2002.

(III) ONTARIO GOVERNMENT COMPLIANCE

The Ontario Government has committed to show leadership in the removal and
prevention of barriers in its own house. The Ontario Government will have
to take several steps to bring itself into compliance with the ODA 2001.

The ODA 2001 assigns several tasks to the Ontario Government. However it
does not in all cases specify which ministry or office of the Government is
responsible and accountable for each major task. We therefore recommend:

6. By the end of June 2002, the Government should announce which Ministry
and within that ministry, which branch or office is responsible for each
provincial Government responsibility under the ODA 2001 and the time lines
within which major tasks are to be completed. These include, for example:
the offices responsible for these activities:

(a) developing guidelines, after consultation, for accessibility of
provincial government buildings (s.4) (by March 2003)

(b) developing procedures for ensuring that new goods and services, which
the Ontario Government purchases or procures, are disability-accessible
(s.5) (by January, 2003). These should promptly be publicized to
municipalities to assist them to comply with s. 13 of the ODA 2001, which
requires municipalities to aim at purchasing and procuring
disability-accessible goods and services;

(c) developing plans and establishing facilities for making Ontario
Government information available in an accessible format when requested by
persons with disabilities (s.7) (with this service to be available to the
public by February 2003);

(d) developing standards, time lines and action plans for making Ontario
Government websites disability-accessible (s.6) by December 2002, with
these websites to be completely accessible by March 2003;

(e) After consultation, making guidelines for accessibility plans and
policies (s.19) (by September 2002); and

(f) After consultation, particularly with people with disabilities working
in the Ontario Public Service, developing plans and undertaking training of
Ontario public servants regarding the accommodation of the needs of Ontario
public servants with disabilities (s.8) (By October 2002, with training to
be completed within one year after that).

7. The ODA 2001 requires the Ontario Government to maintain a fund to pay
for the accommodation of the workplace needs of Ontario public servants
with disabilities,and provides for Management Board Secretariat to make
guidelines regarding such funding and payments. (s.8) Management Board
Secretariat should develop these guidelines after consultation with the
disability community including with Ontario public servants with
disabilities, and should have the final guidelines in place by January
2003.

8. By September, 2002, the Accessibility Directorate should make
available to the public, including public and private sector organizations,
a service, free of charge, that provides advice and information on how to
remove and prevent barriers and to achieve accessibility and on the
benefits of doing so. This advice should be available over the phone and in
writing on request. As this service becomes available, the Government
should advertise its availability.

(IV) NEW GOVERNMENT INCENTIVE PROGRAM

In fall 2001, the Ontario Government committed that under the Accessibility
Directorate, it would launch an incentive program to encourage the
participation of all sectors in identifying and removing barriers against
persons with disabilities, including the private sector.

We therefore recommend:

9. By August 2002, The Government should launch its promised incentive
program. By January 2003, the Government should evaluate this program's
effectiveness in consultation with the disability community.

(V) DEVELOPING ACCESSIBILITY PLANS AND POLICIES ACROSS ONTARIO

Under the ODA 2001, Ontario Government ministries, municipal governments,
and many other organizations (such as public transportation providers,
colleges, universities and hospitals) will be required to make
accessibility plans. Apart from this, the ODA 2001 also requires that
certain bodies called "agencies" must produce an accessibility policy.
(s.16) The ODA 2001 does not define or explain which bodies are "agencies."
Section 2 of the ODA 2001 says that the regulations shall define which
bodies are "agencies" for purposes of the requirement of developing an
accessibility policy. Accessibility plans and policies are expected to
address the identification, removal and prevention of barriers facing
persons with disabilities both wen they try to benefit from the goods,
services and/or facilities that these organizations provide, and when they
try to get and maintain employment at these organizations.

We therefore recommend:

10. By August 2002, the Ontario Government should release a Discussion
Paper discussing options for defining "agency." Public consultation on this
discussion paper should be undertaken, with a view to the Government
proposing a draft regulation by December 2002. A final regulation should be
enacted within four months after that date.

11. By July 2002, the Ontario Government should announce timetable of
when first accessibility plans or policies will be required by provincial
ministries, municipalities and other organizations and agencies covered by
the ODA 2001.

12. By August 2002, the Ontario Government should release a preliminary
action kit for organizations that will be required to prepare an
accessibility plan or policy. The preliminary action kit should include
basic information on what an accessibility plan or policy is to achieve,
what it should include, and what steps should be undertaken to prepare it,
including measures to consult with the disability community. After further
consultation, the Ontario Government should produce a subsequent, more
detailed action kit in this area, to build upon experience garnered as
accessibility planning gets underway. This more comprehensive action kit
should be made available to municipalities by January 2002.

(VI) DEVELOPING STANDARDS AND TIME LINES FOR REMOVING AND PREVENTING
BARRIERS

The Government has committed that it will set standards and time lines for
the removal and prevention of barriers against persons with disabilities in
all sectors under the ODA 2001. The Government has the power to do this by
making regulations under s. 23 of the ODA 2001. It must consult on draft
regulations before final regulations can be enacted into law.

We therefore recommend:

13. By August, 2002, The Government should identify a sector-by-sector
long term timetable for developing standards and time-lines for
barrier-removal and prevention. This will let the affected sectors know
when to expect action on this front, and will let them start preparing. It
will also let the disability community, the Accessibility Council and
others focus their efforts.

14. Four specific areas should be identified now as the first areas for
attention, with a view to standards being put into effect within one year.
We recommend that these four areas be:

(a) Public Transit

(b) Education at all levels, including post-secondary education

(c) Health Care Services, and

(d) Access to goods, services and facilities offered at retail chain
stores. This includes any chain, that includes more than one outlet,
whether own collectively or operated via franchises, e.g. department
stores, grocery stores, trust companies, restaurant chains, etc.

We recommend these because: all touch on all disabilities and address
fundamental needs of persons with disabilities; the Ontario Human Rights
Commission recently made strong recommendations that the Ontario Government
should establish provincial standards for accessibility in public transit;
health care is a core focus of provincial funding strategies and public
policy review provincially and federally; education is similarly the
subject of major public attention now and will be the focus of concerted
action over the next months by the Ontario Human Rights Commission; retail
chain establishments provide a good start for addressing private sector
barriers in a way that will meet the needs of many and have a direct impact
across Ontario. The Canada Standards Association recently released proposed
standards for serving customers with disabilities that could assist in this
context.

15. By August 2002, the Accessibility Directorate should release
discussion papers on standards and time-lines for removing and preventing
barriers in public transit and in education (including in public schools,
private schools, colleges and universities). These Discussion Papers should
among other things set out examples of standards and time lines for barrier
removal and prevention which are used now in other jurisdictions.

16. By October 2002, the Accessibility Directorate should release two
additional discussion papers on standards and time-lines for removing and
preventing barriers. One Discussion Paper should address health care
services. The other should address access to and benefitting from goods,
services and facilities in chain retail establishments.
It would be helpful if possible if these also addressed removing and
preventing barriers to employment in these organizations.

17. Full province-wide public consultations on the topics of public
transit and of education should begin by October 2002. Draft regulations in
these areas addressing standards and time lines for barrier removal and
prevention should be proposed and published by March 2003, with a view to
final regulations being enacted four months later.

18. Full public consultations on the topics of health care and access to
chain retail establishments should begin by December 2002. Draft
regulations regarding barrier removal and prevention in these sectors
should be proposed and published by May 2003, with a view to final
regulations being enacted four months later.

(VII) DEVELOPING ENFORCEMENT MECHANISMS UNDER THE ODA 2001

In fall 2001, the Government made commitments regarding the development of
enforcement mechanisms under the ODA 2001 by regulations. In the fall of
2001 it announced that it was already developing such enforcement
regulations. For the ODA 2001 to have a meaningful impact, it will be
necessary for these regulations to be developed and enacted as soon as
possible. We therefore recommend:

19. By September 2002, The Accessibility Directorate of the Citizenship
Ministry should release and make widely available a list of options for
possible enforcement mechanisms that could be enacted as regulations under
the ODA 2001 including any options and draft regulations on which the
Government had been working. After a consultation it should publish draft
regulations for public comment by February 2003.

PROPOSED TIMETABLE FOR GOVERNMENT ACTION

The following sets out in chronological order each of the tasks and time
lines recommended in this proposed Government workplan.

IMMEDIATELY

Government to proclaim in force ODA provisions not needing further
preparatory work.

Government to announce timetable for proclaiming in force remaining
unproclaimed provisions of ODA.

Government to announce open consultation process for selecting remaining
members of Ontario Disability Accessibility Advisory Council giving
disability community a say in their selection.

BY JULY 2002

Government to have appointed all remaining members to Ontario Accessibility
Advisory Council.

Government to have published action kit for municipalities on how to select
municipal disability accessibility advisory committee members.

Government to have announced which Ontario Government ministry Ontario
Government branch or office is responsible for each task assigned by ODA to
the Government, and time lines for completing those tasks.

Government to have announced timetable of when first accessibility plans or
policies will be required by provincial ministries, municipalities and
other organizations and agencies.

BY AUGUST 2002

Government to launch incentive program for barrier-removal and prevention
in public and private sectors.

Government to have released a preliminary action kit for organizations that
will be required to prepare an accessibility plan or policy.

Government to have released a Discussion Paper discussing options for
defining "agency" under the ODA.

Government to release a long term sector-by-sector timetable setting out
when it plans to develop standards and time lines for barrier-removal and
prevention in different sectors.

Accessibility Directorate to release separate discussion papers on
standards and time-lines for removing and preventing barriers in
(a) public transit; and
(b) education.

BY SEPTEMBER 2002

Government to have established guidelines for accessibility plans and
policies.

The Accessibility Directorate to release list of options for enforcement
mechanisms under the ODA.

BY OCTOBER 2002

Each municipality to have appointed its local disability accessibility
advisory committee.

Government to have developed plans for training of Ontario public servants
regarding the accommodation of the needs of Ontario public servants with
disabilities.

Ontario Accessibility Directorate to begin providing a free service for
advice to public and private sector organizations on how to remove and
prevent barriers. This service's availability thereafter to be advertised
to public.

Accessibility Directorate to release separate discussion papers on
standards and time-lines for removing and preventing barriers in
(a) health care services; and
(b) access to and benefitting from goods, services and facilities in chain
retail establishments.

Government to begin province-wide public consultations on the topics of
setting standards and time lines for removing and preventing barriers in
public transit and of education.

BY OCTOBER 29, 2002

Government to have proclaimed in force all provisions of ODA 2001, if not
yet proclaimed.

BY NOVEMBER 2002

Government to have publicized proclamation of ODA's unproclaimed
provisions.

BY DECEMBER 2002

Government to have developed standards, time lines and action plans for
making Ontario Government websites disability-accessible.

Government to propose draft regulation defining term "agency" in the ODA.

Government to begin province-wide public consultations on standards and
time lines for removing and preventing barriers to
(a) health care; and
(b) access to goods, services and facilities provided by chain retail
establishments.

BY JANUARY 2003

Government to have established procedures to ensure Government
purchases/procures accessible goods and services. These should then be
publicized e.g. so municipalities can consider using them.

Management Board to have developed guidelines for Government fund to
finance workplace accommodations of Ontario public servants with
disabilities.

Government to have evaluated effectiveness of its accessibility incentive
program.

Government to have released more extensive action kit on contents and
preparation of accessibility plans and policies.

BY FEBRUARY 2003

Government to have established facilities to provide Government information
on request in accessible alternate formats.

Government to publish draft regulations to establish enforcement mechanisms
under the OdA.

BY MARCH 2003

Government websites to be disability-accessible.

Government to announce guidelines for Ontario Government building
accessibility, after having held consultations.

Government to propose draft regulations addressing standards and time lines
for barrier removal and prevention in the areas of public transit and
education.

BY APRIL 2003

Government to have enacted regulation defining the term "agency" in the
ODA.

BY MAY 2003

Government to propose draft regulations regarding barrier removal and
prevention in:
(a) Health care services; and
(b) access to and benefitting from goods, services and facilities provided
in retail chain establishments.

BY JULY 2003

Final regulations to have been enacted establishing standards and time
lines for barrier-removal and prevention in:
(a) public transit; and
(b) education.

BY SEPTEMBER 2003

Final regulations to be enacted establishing standards and time lines for
barrier-removal and prevention in:
(a) Health care services; and
(b) access to and benefitting from goods, services and facilities provided
in retail chain establishments.

BY OCTOBER 2003

Government to have completed training of Ontario public servants regarding
the accommodation of the needs of Ontario public servants with
disabilities.

 


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