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Ontario Government's
New ODA Bill 125
ODA Committee Update

 

Citizenship Minister Announces Initial Steps For
ODA Implementation

July 6, 2002

 

 

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE

CITIZENSHIP MINISTER ANNOUNCES INITIAL STEPS FOR ODA IMPLEMENTATION
July 6, 2002

SUMMARY

The Ontario Ministry of Citizenship has published a news release which
announces dates for proclamation of all remaining unproclaimed provisions
of the Ontarians with Disabilities Act 2001, exept for one. It also
announces time lines for the Government to complete certain tasks relating
to the implementation of the ODA in the Ontario Government and the broader
public sector. Taken together, these are substantive steps needed to begin
the implementation of the ODA 2001.

The announcement, set out below, indicates that the ODA 2001's provisions
regarding the Ontario Government and the broader public sector will be
proclaimed in force on September 30, 2002. On that date the Government
will also proclaim the amendments to other legislation such as the widely
publicized increasse to fines for improper use of a disability parking
spot. The sections to be proclaimed in force on September 30 2002 include
s. 4, 5, 7, 8(3), 8(4), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31 and 32.

Ontario Government websites will be required to be accessible by the end of
2002. Section 6, which deals with Government websites, will be proclaimed
in force December 31, 2002.

According to these plans, the only provision of the ODA 2001 which the
Government has not scheduled for proclamation is s. 21. Section 21 is the
provision which imposes a penalty an organization failing to make an
accessibility plan or policy, if the organization is required to do so
under the ODA 2001. That provision also makes it an offence for a
municipality with a population over 10,000 to fail to establish a
disability accessibility advisory committee. We have no indication when
the Government will proclaim that provision. The Government has said in
the past that the entire Act would be proclaimed in force this fall.

The Government's news release also states that over the summer and fall,
the Government will release tools and support materials to help various
organizations in the broader public sector take action under the ODA 2001.

We will be interested to see when the Government appoints the other members
of the Ontario Accessibility Council. As well, we look forward to seeing
the tool kits that the Government releases this summer and fall. We have
not yet seen drafts of any of these materials.

In June, the ODA Committee sent the Ontario Government our proposed ODA
implementation workplan. In it we asked the Government to take a range of
different steps to implement the ODA. We included among other things,
announcing a schedule for proclamation of the rest of the ODA, and the
preparation of action kits to assist organizations comply with the ODA. We
will watch to see what else is announced by the Ontario Government over the
next weeks regarding its plans for implementing the ODA 2001. We will keep
you posted.

It has been almost seven months since the ODA 2001 was passed. Let's watch
over the next weeks and months to see what impact it has on the lives of
Ontarians with disabilities.Send us your feedback at:

oda@odacommittee.net

*****

Attention News Editors:

Ontario moves forward with the Ontarians with Disabilities Act, 2001

TORONTO, July 5 /CNW/ - The government of Ontario is taking another major
step forward towards a fully inclusive future for people with disabilities
Minister of Citizenship, Carl DeFaria said today when he announced the
notice to proclaim additional sections of the Ontarians with Disabilities
Act, 2001(ODA).

The proclamation will take place on September 30, 2002 and will bring into
law the sections of the act setting out specific accessibility obligations
on the part of municipalities, the government of Ontario, and the broader
public sector, including public transit organizations, school boards,
hospitals and colleges and universities. On December 31, 2002, Ontario
government ministry Internet sites will be required to be accessible.
"Notice to proclaim gives early notice to those affected by the ODA, that
the government is committed to improving the lives of the province's 1.9
million people with disabilities and that we're continuing to get on with
the business of making this a barrier-free society," said DeFaria. The
Ontarians with Disabilities Act, 2001 is Canada's most far-reaching and
comprehensive legislation for people with disabilities. First stage
proclamation, on February 7, 2002, established the Accessibility Advisory
Council of Ontario (AAC) and the Accessibility Directorate of Ontario. "I
look forward to working with the AAC, members of the disability community,
municipalities and others as we implement the ODA and increase independence
and opportunities for people with disabilities," the minister said.

Tools are being developed to assist those with obligations under the ODA. A
resource package will be available in late July to provide guidance to
municipalities to establish their municipal advisory committees. Generic
accessibility planning guidelines, providing guidance for municipalities
and others will be available in early August. Customized guidelines for
municipalities will follow by mid-August and customized guidelines for
organizations in each of the broader public sectors affected (public
transit providers, school boards, hospitals, colleges and universities)
will be available in the Fall.

The Ontarians with Disabilities Act, 2001 builds on the government's
multi-billion dollar commitment to programs and services for people with
disabilities, including $1 billion in new funding announced since 1995.

Backgrounder

FURTHER PROCLAMATION OF THE ONTARIANS WITH DISABILITIES ACT, 2001

The Ontarians with Disabilities Act, 2001 (ODA) was passed on December 14,
2001.

The first stage, partial proclamation of several sections of the Act, took
place on February 7, 2002 (section 19, establishing the Accessibility
Advisory Council of Ontario (AAC) and section 20, establishing the
Accessibility Directorate of Ontario). The proclamation of these two
entities was the essential first step that needed to be taken before the
balance of the Act could be proclaimed. On May 1, 2002, five initial
members of the Council were appointed, including Thunder Bay lawyer and
disability rights activist, Dave Shannon, as chair, and two-time Olympian
and four-time Paralympian, Jeff Adams of Brampton, vice-chair.

This proclamation will bring into law obligations on the part of
municipalities over 10,000, the government of Ontario, and the broader
public service, including public transit organizations, school boards,
hospitals and colleges and universities. Ongoing ODA implementation allows
the government to demonstrate its commitment to persons with disabilities,
and to reaffirm that the government is serious about its commitment and
intends to ensure that the relevant sectors comply with the legislation to
ensure real change takes place.

Key Dates

Passage of the Ontarians with Disabilities Act, 2001 - December 14, 2001

First Stage Proclamation - February 7, 2002

Notice to Proclaim posted in Ontario Gazette - July 6, 2002

Further Proclamation - September 30, 2002

Government Internet accessibility - December 31, 2002

Affected Organizations/Municipalities

Municipalities (10,000 + population) will be required to have municipal
accessibility advisory committees in place at proclamation on September 30,
2002. All municipalities will be required to develop annual accessibility
plans and make them public.

Government of Ontario

The Government of Ontario obligations include:

- development of barrier-free design guidelines for buildings that the
government buys, leases, builds or significantly renovates;

- consideration of the accessibility of equipment, supplies or services it
is buying for itself, its employees or the public;

- accommodation of the accessibility needs of its employees and those
taking part in the selection process for employment, as required by the
Human Rights Code; and;

- managers and supervisors are required to receive training on the
legislation and the government's obligation regarding accessibility and
employment, and

- when asked, the government is required to provide copies of Ontario
publications in an accessible format (i.e., Braille, large print).

In addition, capital-funded projects for an existing or proposed building
must ensure that the level of accessibility for people with disabilities
meets or exceeds the level of accessibility required by the Building Code
Act, 1992 to be eligible to receive funding from the government.

As well, ministries are required to develop and publish annual
accessibility plans that consider barriers to people with disabilities and
ways to prevent or remove them. The plans will identify current barriers to
be addressed; describe the actions to be taken to identify and remove
barriers in legislation, policies, programs, practices and services and
report on the progress made in the previous year.

Government Internet sites must be accessible to people with disabilities by
December 31, 2002. Compliance with section 6 of the ODA is consistent with
the government's "e-Government strategy" for improved service delivery and
full participation of Ontarians in the increasingly global marketplace.

Other organizations (hospitals, school boards, colleges and universities,
and public transportation providers)

These organizations will be required to prepare annual accessibility plans
and make them public. The plans will address the identification, prevention
and removal of barriers to people with disabilities in the organizations'
by-laws and its policies, programs, practices and services.
Helping those affected prepare for proclamation

Tools are being developed to assist those with obligations under the ODA. A
resource package will be available in late July to provide guidance to
municipalities to establish their municipal advisory committees. Generic
accessibility planning guidelines, providing guidance for municipalities
and others will be available in early August. Customized guidelines for
municipalities will follow by mid-August and customized guidelines for
organizations in each of the broader public sectors affected (public
transit providers, school boards, hospitals, colleges and universities)
will be available in the Fall.

Disponible en francais

http://www.gov.on.ca/citizenship/accessibility

-30-

07/05/2002

For further information:
Mike Campbell, Communications, (416) 314-7239;
Lauri Cunningham, Minister's Office, (416) 325-0208

 

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