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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