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Ontario Government's
New ODA Bill 125


Bill 125 (final) English version
(WORD doc) NEW

Bill 125 (final) French version
(WORD doc) NEW

additional links:
Government's Explanatory Note re: NEW ODA BILL 125
Compendium to the New ODA Bill 125

 
The following is the text of the Ontario Government's new ODA bill, given first reading on Monday, November 5, 2001

Bill 2001
 

 

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

CONTENTS

Preamble

INTERPRETATION

1. Purpose
2. Definitions
3. Recognition of existing legal obligations

DUTIES OF THE GOVERNMENT OF ONTARIO

4. Government buildings, structures and premises
5. Government goods and services
6. Government Internet sites
7. Government publications
8. Government employees
9. Government-funded capital programs
10. Ministry accessibility plans

DUTIES OF MUNICIPALITIES

11. Municipal accessibility plans
12. Accessibility advisory committees
13. Municipal goods and services

DUTIES OF OTHER ORGANIZATIONS, AGENCIES AND PERSONS

14. Public transportation organizations
15. Scheduled organizations
16. Agencies

GENERAL

17. Joint accessibility plans
18. Guidelines for accessibility plans and policies
19. Accessibility Advisory Council of Ontario
20. Accessibility Directorate of Ontario
21. Review of Act
22. Regulations

COMPLEMENTARY AMENDMENTS

23. Election Act
24. Election Finances Act
25. Highway Traffic Act
26. Human Rights Code
27. Legislative Assembly Act
28. Municipal Act
29. Municipal Elections Act, 1996
30. Planning Act
31. Social Housing Reform Act, 2000

COMMENCEMENT AND SHORT TITLE

32. Commencement
33. Short title

Schedule

Preamble

The people of Ontario support the right of persons with
disabilities to enjoy equal opportunity and to participate fully in
the life of the province.

Ontarians with disabilities experience barriers to participating in
the mainstream of Ontario society. The number of persons with
disabilities is expected to increase as the population ages, since
the incidence of disability increases with age.

The Government of Ontario is committed to working with every sector
of society to build on what it has already achieved together with
those sectors and to move towards a province in which no new
barriers are created and existing ones are removed. This
responsibility rests with every social and economic sector, every
region, every government, every organization, institution and
association, and every person in Ontario.

The right of persons with disabilities to equal treatment without
discrimination in accordance with the Human Rights Code is
addressed in a number of Ontario statutes and regulations. Some of
these are set out below.

The Assessment Act provides for exemptions from property taxation
where improvements, alterations or additions to existing homes or
designated portions of new homes are made or built to accommodate
persons with disabilities who would otherwise require care in an
institution.

The Blind Persons' Rights Act prohibits discrimination in services,
accommodation, facilities or occupancy against blind persons using
guide dogs and prohibits persons who are not blind from using white
canes.

The Building Code Act, 1992 and the regulations made under it
establish standards for the construction, renovation and change of
use of buildings and structures, including standards related to the
accessibility of buildings and structures for persons with
disabilities.

As an incentive to encourage employers to hire persons with
disabilities, the Corporations Tax Act allows employers an
additional deduction for the costs of modifying buildings,
structures and premises, acquiring certain equipment and providing
special training in order to accommodate persons with disabilities
in the workplace. The Income Tax Act provides a similar credit to
unincorporated employers.

The Education Act includes provisions to address the needs of
students with disabilities who have been identified as "exceptional
pupils". School boards must provide special education programs and
services to these students.

The Ontario Disability Support Program Act, 1997 provides a
separate income and employment support program for eligible persons
with disabilities. It removes persons with disabilities from the
welfare system and provides them with assistance that recognizes
their unique needs.

The Workplace Safety and Insurance Act, 1997 provides loss of
earnings, health care and labour market re-entry benefits for
persons with work-related injuries and disabilities.

The Canadian Charter of Rights and Freedoms also provides that
persons with disabilities are equal before and under the law and
have the right to the equal protection and equal benefit of the
law.

The Government of Ontario believes that all governments in Canada
have a responsibility to enact legislation to improve opportunities
for persons with disabilities by comprehensively identifying,
removing and preventing barriers to their participation in the life
of the jurisdictions of those governments.

The Government of Ontario believes that it is desirable to
demonstrate continued leadership in improving opportunities for
persons with disabilities.

Therefore, Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as follows:

INTERPRETATION

Purpose
1. The purpose of this Act is to improve opportunities for persons
with disabilities and to provide for their involvement in the
identification, removal and prevention of barriers to their full
participation in the life of the province.

Definitions
2. (1) In this Act,

"agency" means an organization or a class of organizations named or
described in the regulations as an agency or agencies for the
purposes of this Act; ("agence")

"barrier" means an obstacle to access for persons with disabilities
that is not an obstacle to access for other persons and, in
addition to a physical barrier, includes an attitudinal barrier,
method of communication, policy or practice; ("obstacle")

"disability" means,

(a) any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or
illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, any degree of paralysis,
amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or
on a wheelchair or other remedial appliance or device,

(b) a condition of mental impairment or a developmental
disability,

(c) a learning disability, or a dysfunction in one or more of the
processes involved in understanding or using symbols or spoken
language,

(d) a mental disorder, or

(e) an injury or disability for which benefits were claimed or
received under the insurance plan established under the Workplace
Safety and Insurance Act, 1997; ("handicap")

"Government of Ontario" includes a ministry of the Government of
Ontario and the organizations that the regulations specify are part
of the Government of Ontario;("gouvernement de l'Ontario")

"Minister" means the Minister of Citizenship or whatever other
member of the Executive Council to whom the administration of this
Act is assigned under the Executive Council Act;("ministre")

"ministry" means a ministry of the Government of Ontario and
includes any other organization that the regulations designate as
a ministry for the purposes of this Act, but does not include an
organization that the regulations designate as not being a ministry
for the purposes of this Act;("ministère")

"municipality" means a local municipality, a county, a regional
municipality, a district municipality or the County of Oxford;
("municipalité")

"Ontario Government publication" means a publication or an appendix
to a publication in any form, including print and electronic forms,
that the Government of Ontario, an officer of the Assembly or an
officer of the Legislature issues and provides to the public, but
does not include a publication or an appendix to a publication that
is specified in the regulations or that,

(a) is of a scientific, technical, reference, research or
scholarly nature, and

(b) although not restricted in circulation to the confines of the
Government of Ontario, is not normally available for general
circulation to members of the public or is normally consulted by
members of the public with the assistance of government
employees;("publication du gouvernement de l'Ontario")

"public transportation organization" means a person or entity that
provides any service for which a fare is charged for transporting
the public by vehicles operated,

(a) by, for or on behalf of the Government of Ontario, a
municipality, a local board of a municipality or a transit or
transportation commission or authority,

(b) under an agreement between the Government of Ontario and a
person, firm, corporation, or transit or transportation commission
or authority,

(c) under an agreement between a municipality and a person, firm,
corporation, or transit or transportation commission or authority,
or

(d) under a licence issued by the Government of Ontario or a
municipality to a person, firm, corporation, or transit or
transportation commission or authority,

and includes special transportation facilities for persons with
disabilities, but does not include any person or entity, or class
of person or entity, that is specified in the
regulations;("organisation de transport en commun")

"regulations" means the regulations made under this Act, unless the
context indicates or requires otherwise; ("règlements")

"Scheduled organization" means an organization or a class of
organizations named or described in the Schedule. ("organisation
mentionnée en annexe")

Interpretation
(2) References in this Act to employees of the Government of
Ontario shall be deemed to be references to public servants, as
defined in section 1 of the Public Service Act.

Recognition of existing legal obligations
3. (1) The existing legal obligations of the Government of Ontario
with respect to the provision of access for persons with
disabilities are hereby recognized and affirmed.

Human Rights Code not limited
(2) Nothing in this Act limits the operation of the Human Rights
Code.

DUTIES OF THE GOVERNMENT OF ONTARIO

Government buildings, structures and premises
4. (1) In consultation with persons with disabilities and others,
the Government of Ontario shall develop barrier-free design
guidelines to promote accessibility for persons with disabilities
to buildings, structures and premises, or parts of buildings,
structures and premises, that the Government purchases, enters into
a lease for, constructs or significantly renovates after this
section comes into force.

Level of accessibility
(2) The guidelines shall ensure that the level of accessibility for
persons with disabilities is equal to or exceeds the level of
accessibility required by the Building Code Act, 1992 and the
regulations made under it.

Different requirements
(3) The guidelines may impose different requirements, including
different times at which the requirements must be met, for
different buildings, structures or premises or different classes of
buildings, structures or premises and may specify buildings,
structures or premises or classes of buildings, structures or
premises for which there are no requirements.

Duty to comply
(4) The Government of Ontario shall ensure that the design of
buildings, structures and premises, or parts of buildings,
structures and premises, that it purchases, constructs or
significantly renovates after this section comes into force
complies with the guidelines before occupation or regular use by
its employees.

New leases
(5) If, after this section comes into force, the Government of
Ontario enters into a new lease for a building, structure or
premises, or part of a building, structure or premises, for the
occupation or regular use by its employees, the Government shall
have regard to the extent to which the design of the building,
structure or premises, or part of the building, structure or
premises, complies with the guidelines, in determining whether to
enter into the lease.

Not regulations
(6) The guidelines are not regulations within the meaning of the
Regulations Act.

Government goods and services
5. In deciding to purchase goods or services through the
procurement process for the use of itself, its employees or the
public, the Government of Ontario shall have regard to the
accessibility for persons with disabilities to the goods or
services.

Government Internet sites
6. The Government of Ontario shall provide its Internet sites,
where technically feasible, in a format that is accessible to
persons with disabilities.

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, where technically feasible, make an Ontario Government
publication available in a format that is accessible to the person.

Government employees
8. (1) The Government of Ontario shall accommodate the
accessibility needs of its employees in accordance with the Human
Rights Code to the extent that the needs relate to their
employment.

Applicants for employment
(2) The Government of Ontario shall accommodate the accessibility
needs of persons with disabilities who apply for a position as a
government employee and whom the Government invites to participate
in the selection process for employment to the extent that the
needs relate to the selection process.

Training
(3) The Government of Ontario shall ensure that its employees who
have managerial or supervisory functions receive training in
fulfilling the Government's obligations under this section.

Information
(4) The Government of Ontario shall inform its employees of the
rights and obligations of the Government and its employees under
this section.

Reimbursement of eligible expenses
(5) The Management Board Secretariat shall, out of the money
appropriated annually to it for this purpose, authorize
reimbursement to a ministry for eligible expenses that the ministry
has incurred in fulfilling the ministry's obligations under
subsections (1) and (2).

Amount of reimbursement
(6) The reimbursement shall be in the amount that the Management
Board Secretariat determines and be made in accordance with the
guidelines established by the Management Board Secretariat.

Government-funded capital programs
9. (1) If a project relates to an existing or proposed building,
structure or premises for which the Building Code Act, 1992 and the
regulations made under it establish a level of accessibility for
persons with disabilities, the project shall meet or exceed that
level in order to be eligible to receive funding under a
government-funded capital program.

Same, other projects
(2) If a project is not a project described in subsection (1) or
if the projects in a class of projects are not projects described
in that subsection, the Government of Ontario may include
requirements to provide accessibility for persons with disabilities
as part of the eligibility criteria for the project or the class of
projects, as the case may be, to receive funding under a
government-funded capital program.

Ministry accessibility plans
10. (1) Each ministry shall prepare an accessibility plan as part
of its annual planning process and consult with the Accessibility
Directorate of Ontario in preparing the plan.

Contents
(2) The accessibility plan shall address the identification,
removal and prevention of barriers to persons with disabilities in
the Acts and regulations administered by the ministry and in the
ministry's policies, programs, practices and services.

Same
(3) The accessibility plan shall include,

(a) a report on the measures the ministry has taken to identify,
remove and prevent barriers to persons with disabilities;

(b) the measures in place to ensure that the ministry assesses its
proposals for Acts, regulations, policies, programs, practices and
services to determine their effect on accessibility for persons
with disabilities;

(c) a list of the Acts, regulations, policies, programs, practices
and services that the ministry will review in the coming year in
order to identify barriers to persons with disabilities;

(d) the measures that the ministry intends to take in the coming
year to identify, remove and prevent barriers to persons with
disabilities; and

(e) all other information that the regulations prescribe for the
purpose of the plan.

Availability to the public
(4) A ministry shall make its accessibility plan available to the
public.

DUTIES OF MUNICIPALITIES

Municipal accessibility plans
11. (1) Each year, the council of every municipality having a
population of not less than 10,000 shall prepare an accessibility
plan.

Contents
(2) The accessibility plan shall address the identification,
removal and prevention of barriers to persons with disabilities in
the municipality's by-laws and in its policies, programs, practices
and services.

Same
(3) The accessibility plan shall include,

(a) a report on the measures the municipality has taken to
identify, remove and prevent barriers to persons with disabilities;

(b) the measures in place to ensure that the municipality assesses
its proposals for by-laws, policies, programs, practices and
services to determine their effect on accessibility for persons
with disabilities;

(c) a list of the by-laws, policies, programs, practices and
services that the municipality will review in the coming year in
order to identify barriers to persons with disabilities;

(d) the measures that the municipality intends to take in the
coming year to identify, remove and prevent barriers to persons
with disabilities; and

(e) all other information that the regulations prescribe for the
purpose of the plan.

Availability to the public
(4) A municipality shall make its accessibility plan available to
the public.

Accessibility advisory committees
12. (1) Each year, the council of every municipality that is
required to prepare an accessibility plan under section 11 shall
establish or continue an accessibility advisory committee,
consisting of persons including persons with disabilities, to
advise the council about the implementation and effectiveness of
the plan.

Duty of council
(2) The council shall seek advice from the committee on the
accessibility for persons with disabilities to a building,
structure or premises, or part of a building, structure or
premises,

(a) that the council purchases, constructs or significantly
renovates;

(b) for which the council enters into a new lease; or

(c) that a person provides as municipal capital facilities under
an agreement entered into with the council in accordance with
section 210.1 of the Municipal Act.

Functions
(3) The committee shall perform the functions set out in this
section and all other functions that are specified in the
regulations.

Municipal goods and services
13. In deciding to purchase goods or services through the
procurement process for the use of itself, its employees or the
public, the council of every municipality shall have regard to the
accessibility for persons with disabilities to the goods or
services.

DUTIES OF OTHER ORGANIZATIONS, AGENCIES AND PERSONS

Public transportation organizations
14. (1) Each year, every public transportation organization shall
prepare an accessibility plan.

Contents
(2) The accessibility plan shall address the identification,
removal and prevention of barriers to persons with disabilities in
the organization's by-laws, if any, and in its policies, programs,
practices and services.

Same
(3) The accessibility plan shall include,

(a) a report on the measures the organization has taken to
identify, remove and prevent barriers to persons with disabilities;

(b) the measures in place to ensure that the organization assesses
its proposals for by-laws, policies, programs, practices and
services to determine their effect on accessibility for persons
with disabilities;

(c) a list of the by-laws, policies, programs, practices and
services that the organization will review in the coming year in
order to identify barriers to persons with disabilities;

(d) the measures that the organization intends to take in the
coming year to identify, remove and prevent barriers to persons
with disabilities; and

(e) all other information that the regulations prescribe for the
purpose of the plan.

Availability to the public
(4) A public transportation organization shall make its
accessibility plan available to the public.

Scheduled organizations
15. (1) Each year, every Scheduled organization shall prepare an
accessibility plan.

Contents
(2) The accessibility plan shall address the identification,
removal and prevention of barriers to persons with disabilities in
the organization's by-laws, if any, and in its policies, programs,
practices and services.

Same
(3) The accessibility plan shall include,

(a) a report on the measures the organization has taken to
identify, remove and prevent barriers to persons with disabilities;

(b) the measures in place to ensure that the organization assesses
its proposals for by-laws, policies, programs, practices and
services to determine their effect on accessibility for persons
with disabilities;

(c) a list of the by-laws, policies, programs, practices and
services that the organization will review in the coming year in
order to identify barriers to persons with disabilities;

(d) the measures that the organization intends to take in the
coming year to identify, remove and prevent barriers to persons
with disabilities; and

(e) all other information that the regulations prescribe for the
purpose of the plan.

Availability to the public
(4) A Scheduled organization shall make its accessibility plan
available to the public.

Agencies
16. (1) Every agency shall prepare an accessibility policy.

Contents
(2) The accessibility policy shall address the provision of
services to persons with disabilities in the policies, programs and
practices of the agency.

Joint accessibility policies
(3) Two or more agencies that are each required to prepare an
accessibility policy may prepare a joint accessibility policy.

No individual policies
(4) Agencies that prepare a joint accessibility policy are not each
required under this Act to prepare an individual accessibility
policy if the joint policy meets the requirements of this section
for the individual policy.

GENERAL

Joint accessibility plans
17. (1) Two or more ministries, municipalities, organizations
specified by a regulation made under clause 22 (1) (g), public
transportation organizations or Scheduled organizations that are
each required to prepare an accessibility plan and to make it
available to the public may prepare a joint accessibility plan and
make it available to the public.

No individual plans
(2) Ministries, municipalities, organizations specified by a
regulation made under clause 22 (1) (g), public transportation
organizations and Scheduled organizations that prepare a joint
accessibility plan and make it available to the public are not each
required under this Act to prepare an individual accessibility plan
and to make it available to the public if the joint plan meets the
requirements of this Act for the individual plan.

Guidelines for accessibility plans and policies
18. (1) The Government of Ontario shall specify guidelines for the
preparation of accessibility plans and policies under this Act, and
may establish different guidelines for ministries, municipalities,
organizations specified by a regulation made under clause 22 (1)
(g), public transportation organizations, Scheduled organizations,
agencies and other persons or organizations to follow in preparing
their accessibility plans or policies.

Exemptions
(2) A guideline may exempt a ministry, a municipality, an
organization specified by a regulation made under clause 22 (1)
(g), a public transportation organization, a Scheduled
organization, an agency or any other person or organization from
the application of a specified provision of the guidelines.

Conflict
(3) A regulation governing the preparation of accessibility plans
or policies prevails over a guideline.

Not regulations
(4) The guidelines are not regulations within the meaning of the
Regulations Act.

Accessibility Advisory Council of Ontario
19. (1) The Minister shall establish a committee of persons to be
known in English as the Accessibility Advisory Council of Ontario
and in French as Conseil consultatif de l'accessibilité pour
l'Ontario.

Members
(2) A majority of the members of the Council shall be persons with
disabilities.

Remuneration and expenses
(3) The Minister may pay the members of the Council the
remuneration and the reimbursement for expenses that the Lieutenant
Governor in Council determines.

Duties
(4) At the direction of the Minister, the Council shall advise the
Minister on,

(a) the implementation of this Act;
(b) programs of public information related to this Act;
(c) the accessibility for persons with disabilities to services
provided or funded by the Government of Ontario; (d) the
accessibility for persons with disabilities to employment
opportunities in Ontario; and (e) all other matters related to the
subject-matter of this Act that the Minister directs.

Reports
(5) The Council shall give the Minister an annual report on its
activities and whatever other reports that the Minister requests.

Accessibility Directorate of Ontario
20. (1) The employees who are considered necessary shall be
appointed under the Public Service Act to form an office that is
under the direction of the Minister and that is known in English as
the Accessibility Directorate of Ontario and in French as Direction
générale de l'accessibilité pour l'Ontario.

Duties
(2) At the direction of the Minister, the Directorate shall,

(a) support the Accessibility Advisory Council of Ontario;

(b) conduct research and develop and conduct programs of public
education on the purpose and implementation of this Act;

(c) consult with ministries, municipalities, organizations
specified by a regulation made under clause 22 (1) (g), public
transportation organizations, Scheduled organizations, agencies or
other persons or organizations on the preparation of their
accessibility plans and policies under this Act;

(d) consult with the 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;

(e) examine and review Acts, regulations, and programs or policies
established by Acts or regulations and make recommendations to the
Minister for amending them or adopting, making or establishing new
Acts, regulations, programs or policies to improve opportunities
for persons with disabilities; and

(f) carry out all other duties related to the subject-matter of
this Act that the Minister determines.

Review of Act
21. (1) The Executive Council shall cause a review of this Act to
be undertaken within five years after this section comes into
force.

Contents
(2) The review may include recommendations to improve the
effectiveness of this Act.

Regulations
22. (1) The Lieutenant Governor in Council may make regulations,

(a) designating an organization that is to come or is not to come
within the definition of "ministry" or "Government of Ontario" in
section 2;

(b) amending the Schedule in any way, including by adding any
organization or class of organizations to the Schedule or removing
any organization or class of organizations from it;

(c) subject to subsection (2), naming or describing any
organization or class of organizations that is or are to come, or
is or are not to come, within the definition of "agency" in section
2;

(d) dealing with any matter that this Act describes as a matter
that the regulations may prescribe, specify, designate, set out or
otherwise deal with;

(e) specifying what constitutes a significant renovation mentioned
in subsection 4 (1) or (4) or clause 12 (2) (a) and a new lease
mentioned in subsection 4 (5) or clause 12 (2) (b);

(f) governing the preparation and contents of accessibility plans
or policies under this Act;

(g) specifying an organization, other than a municipality or an
organization in the private sector, or specifying a class of such
organizations, to which section 11 or 12 or any part of them is to
apply and specifying the way in which the applicable part of the
sections is to apply;

(h) specifying a time period within which the Government of
Ontario or any ministry, municipality, organization specified by a
regulation made under clause (g), public transportation
organization, Scheduled organization, agency or other organization
or person is required to comply with an obligation described in
this Act if this Act does not specify or otherwise provide a time
period for that purpose;

(i) exempting a person, a ministry, a municipality, an
organization specified by a regulation made under clause (g), a
public transportation organization, a Scheduled organization, an
agency, any other organization, a building, structure or premises
or a class of any of them from the application of a specified
provision of this Act or the regulations;

(j) respecting any matter that the Lieutenant Governor in Council
considers necessary to facilitate the implementation or
administration of this Act.

Restrictions on agencies
(2) The Lieutenant Governor in Council shall not make a regulation
under clause (1) (c) naming or describing any organization or class
of organizations that is or are to come within the definition of
"agency" in section 2 unless the organization or the members of the
class, as the case may be,

(a) provide services to the public;

(b) are not organizations in the private sector; and

(c) are described in one or more of the following items:

(i) they receive ongoing funding from the Government of Ontario,
where the total amount of funding received in any year is equal to
or greater than the amount specified in the regulations,

(ii) they are created, established or continued by an Act, a
regulation or an order in council or operated under an Act, a
regulation or an order in council,

(iii) they provide services under a licence issued by Ontario
or a municipality,

(iv) they own, lease or manage property or buildings, structures or
premises to which the public is admitted,

(v) they hold hearings that are open to the public,

(vi) they have an annual budget equal to or greater than an amount
specified in the regulations,

(vii) they have employees and the total number of their
employees in any year is equal to or greater than the number
specified in the regulations.

Scope
(3) A regulation may be general or particular in its application
and may be limited as to place.

Classes
(4) A regulation may create different classes of persons,
ministries, municipalities, organizations specified by a regulation
made under clause (1) (g), public transportation organizations,
Scheduled organizations, agencies, other organizations, buildings,
structures or premises and may impose different requirements,
conditions or restrictions on or relating to each class.

Same
(5) A class under this Act or the regulations may be defined with
respect to any attribute, quality or characteristic or combination
of those items and may be defined to consist of or to include or
exclude any specified member, whether or not with the same
attributes, qualities or characteristics.

Adoption of codes
(6) If the Lieutenant Governor in Council is satisfied that, at the
request of the Minister, the Accessibility Directorate of Ontario
has consulted with the persons and organizations that the Minister
directs under clause 20 (2) (d) with respect to a code, code of
conduct, formula, standard, guideline, protocol or procedure, a
regulation may,

(a) adopt by reference the code, code of conduct, formula,
standard, guideline, protocol or procedure, in whole or in part,
with the changes that the Lieutenant Governor in Council considers
necessary; and

(b) require compliance with any code, code of conduct, formula,
standard, guideline, protocol or procedure so adopted.

COMPLEMENTARY AMENDMENTS

Election Act
23. (1) The heading immediately preceding section 55 of the
Election Act is repealed and the following substituted:

ELECTORS WITH DISABILITIES

(2) The Act is amended by adding the following section:

Report on accessibility
55.1 (1) Within three months after polling day in the election,
every returning officer for an electoral district shall prepare a
report on the measures that the officer has taken to provide
accessibility for electors with disabilities in the district and
shall submit the report to the Chief Election Officer.

Availability to the public
(2) The Chief Election Officer shall make the report available to
the public.

Election Finances Act
24. The definition of "campaign expense" in subsection 1 (1) of
the Election Finances Act, as amended by the Statutes of Ontario,
1998, chapter 9, section 51, is further amended by adding the
following clause:

(b.1) expenses that are incurred by a candidate with
disabilities and that are directly related to the candidate's
disabilities,

Highway Traffic Act
25. (1) Section 27 of the Highway Traffic Act is amended by
striking out "or" at the end of clause (c) and by adding the
following clauses:

(e) give, lend, sell or offer for sale a disabled person parking
permit or permit the use of it by another person otherwise than in
accordance with the regulations; or

(f) make, permit the making of, give, lend, sell or offer for sale
a fictitious or altered disabled person parking permit.

(2) Section 27 of the Act is amended by adding the following
subsection:

Penalty
(2) A person who contravenes clause (1) (a), (b), (c), (d), (e) or
(f) is guilty of an offence and on conviction is liable to a fine
of not less than $300 and not more than $5,000.

Human Rights Code
26. (1) The following provisions of the Human Rights Code are
amended by striking out "handicap" wherever it occurs and
substituting in each case "disability":

1. Section 1, as amended by the Statutes of Ontario, 1999,
chapter 6, section 28.

2. Subsections 2 (1) and (2), as amended by the Statutes of
Ontario, 1999, chapter 6, section 28.

3. Section 3, as amended by the Statutes of Ontario, 1999,
chapter 6, section 28.

4. Subsections 5 (1) and (2), as amended by the Statutes of
Ontario, 1999, chapter 6, section 28.

5. Section 6, as amended by the Statutes of Ontario, 1999,
chapter 6, section 28.

(2) The definition of "because of handicap" in subsection 10
(1) of the Act, as amended by the Statutes of Ontario, 1993,
chapter 27, Schedule, 1997, chapter 16, section 8 and 2001, chapter
13, section 19, is repealed.

(3) Subsection 10 (1) of the Act, as amended by the Statutes
of Ontario, 1993, chapter 27, Schedule, 1997, chapter 16, section
8, 1999, chapter 6, section 28 and 2001, chapter 13, section 19, is
further amended by adding the following definition:

"disability" means,

(a) any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or
illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, any degree of paralysis,
amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or
on a wheelchair or other remedial appliance or device,

(b) a condition of mental impairment or a developmental
disability,

(c) a learning disability, or a dysfunction in one or more of the
processes involved in understanding or using symbols or spoken
language,

(d) a mental disorder, or

(e) an injury or disability for which benefits were claimed or
received under the insurance plan established under the Workplace
Safety and Insurance Act, 1997; (" ... ")

(4) Section 10 of the Act, as amended by the Statutes of Ontario,
1993, chapter 27, Schedule, 1997, chapter 16, section 8, 1999,
chapter 6, section 28 and 2001, chapter 13, section 19, is further
amended by adding the following subsection:

Past and presumed disabilities
(3) The right to equal treatment without discrimination because of
disability includes the right to equal treatment without
discrimination because a person has or has had a disability or is
believed to have or to have had a disability.

(5) The following provisions of the Act are amended by striking out
"handicap" wherever it occurs and substituting in each case
"disability":

1. Subsection 17 (1).

2. Section 22, as amended by the Statutes of Ontario, 1999,
chapter 6, section 28.

3. Clause 24 (1) (a), as amended by the Statutes of Ontario,
1999, chapter 6, section 28.

4. Subsections 25 (3) and (4).

Legislative Assembly Act
27. The Legislative Assembly Act is amended by adding the
following section:

Accessibility plan
103.1 (1) Each year, the Speaker shall prepare an accessibility
plan.

Contents
(2) The accessibility plan shall address the identification,
removal and prevention of barriers to persons with disabilities in
the Legislative Chamber and the other parts of the Legislative
Building that are under the Speaker's control and in the policies,
programs, practices and services of the Assembly.

Same
(3) The accessibility plan shall include, with respect to the
Legislative Chamber, the other parts of the Legislative Building
that are under the Speaker's control and the policies, programs,
practices and services of the Assembly,

(a) a report on the measures the Speaker has taken to identify,
remove and prevent barriers to persons with disabilities;

(b) the measures in place to ensure that the Speaker assesses his
or her proposals for policies, programs, practices and services to
determine their effect on accessibility for persons with
disabilities;

(c) a list of the policies, programs, practices and services that
the Speaker will review in the coming year in order to identify
barriers to persons with disabilities; and

(d) the measures that the Speaker intends to take in the coming
year to identify, remove and prevent barriers to persons with
disabilities.

Availability to the public
(4) The Speaker shall make the accessibility plan available to the
public.

Municipal Act
28. (1) Clause 257.2 (2) (f) of the Municipal Act, as enacted by
the Statutes of Ontario, 1996, chapter 1, Schedule M, section 22,
is amended by striking out "and" at the end of subclause (ii) and
by adding the following subclause:

(ii.1) requiring the premises of the business, or a part of the
premises, to be accessible to persons with disabilities, and

(2) The Act is amended by adding the following section:

Parking for disabled persons
322.1 (1) Despite section 320, a by-law passed under paragraph 125
or 153 of section 210 shall provide that every person who
contravenes the by-law is guilty of an offence and on conviction is
liable to a fine of not less than $300.

Owner of vehicle
(2) A by-law passed under paragraph 125 or 153 of section 210 may
provide that the owner of a vehicle that has been left parked,
standing or stopped in contravention of the by-law is guilty of an
offence, even if the owner was not the driver of the vehicle at the
time of contravention of the by-law, unless, at that time, the
vehicle was in the possession of a person other than the owner
without the owner's consent.

Penalty
(3) A person convicted of an offence mentioned in subsection (2) is
liable to a fine of not less than $300.

Payment out of court
(4) If a by-law passed under paragraph 125 or 153 of section 210
regulates the parking, standing or stopping of vehicles, if it is
an offence to contravene the by-law and if a person is alleged to
have contravened the by-law, the by-law may provide a procedure for
the person to make voluntary payment out of court of the penalties
for the offence.

Municipal Elections Act, 1996
29. (1) Subsection 45 (2) of the Municipal Elections Act, 1996 is
repealed and the following substituted:

Special needs
(2) In choosing a location for a voting place, the clerk shall have
regard to the needs of electors with disabilities.

(2) Subsection 45 (9) of the Act is repealed and the following
substituted:

Attendance on electors with disabilities
(9) To allow an elector with a disability to vote, a deputy
returning officer shall attend on the elector anywhere within the
area designated as the voting place.

Planning Act
30. (1) Section 2 of the Planning Act, as re-enacted by the
Statutes of Ontario, 1994, chapter 23, section 5 and amended by
1996, chapter 4, section 2, is further amended by adding the
following clause:

(h.1) the accessibility for persons with disabilities to all
facilities, services and matters to which this Act applies;

(2) Subsection 51 (24) of the Act, as enacted by the Statutes of
Ontario, 1994, chapter 23, section 30, is amended by striking out
the portion before clause (a) and substituting the following:

Criteria
(24) In considering a draft plan of subdivision, regard shall be
had, among other matters, to the health, safety, convenience,
accessibility for persons with disabilities and welfare of the
present and future inhabitants of the municipality and to,


Social Housing Reform Act, 2000
31. The Social Housing Reform Act, 2000 is amended by adding the
following section:

Accessible units
5.1 A service manager that exercises a power with respect to a
housing project under clause 5 (1) (c) or (d) or a power with
respect to a program under subsection 5 (2) shall ensure that,

(a) the housing project or the program, as the case may be,
contains the prescribed number or percentage of modified units and
units that comply with the prescribed criteria and requirements for
accessibility for persons with disabilities; and

(b) households are selected for occupancy of the modified units
and units described in clause (a) in the prescribed manner.

COMMENCEMENT AND SHORT TITLE

Commencement
32. (1) This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.

Selective proclamation
(2) A proclamation mentioned in subsection (1) may apply to one or
more sections, to one or more subsections, clauses, paragraphs or
other subdivisions of any section or subsection or to one or more
items in the Schedule.

Short title
33. The short title of this Act is the Ontarians with Disabilities
Act, 2001.


SCHEDULE

1. Every district school board as defined in section 1 of the
Education Act and every board established under section 68 of that
Act.

2. Every hospital as defined in the Public Hospitals Act and
every private hospital operated under the authority of a licence
issued under the Private Hospitals Act.

3. A board of governors of a college of applied arts and
technology.

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