ODA Committee Update
dated March 19, 2005
posted March 19, 2005

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE Conservative Party Tables Proposed Amendments to Bill 118 March 19, 2005 SUMMARY Ontario's Progressive Conservative Party has tabled a package of proposed amendments to Bill 118, the proposed Accessibility for Ontarians with Disabilities Act. (See text below - about 64 pages) The deadline for all parties to table proposed amendments with the Legislature's Standing Committee on Social Policy was Friday, March 18, 2005 at 5 pm. We will email you the other parties amendments packages as soon as we are in a position to do so. We have not yet had an opportunity to thoroughly analyze the following amendments package. However, it appears from a preliminary review that it incorporates a significant number of the proposals which the Ontarians with Disabilities Act Committee recommended in its brief and oral presentation to the Standing Committee. To read our brief, visit: http://www.odacommittee.net/news198.html To fully understand these proposed amendments, it helps to look at the text of Bill 118. You can find it at: http://www.odacommittee.net/news165.html We encourage you to: * Send us your feedback on these proposed amendments. * Stay tuned for the proposed amendments from the Liberal Government and the New Democratic Party. * Encourage all three parties to support the amendments you prefer. While the Liberal Government commands a majority of the MPPs at the Standing Committee on Social Policy, the Citizenship Minister Dr. Marie Bountrogianni has publicly stated that she is open to consider amendments coming from any of the three parties. You have to act fast on this. The Standing Committee starts clause-by-clause debate on Bill 118 on Tuesday March 29, 2005. * Plan to attend the public sessions of the Standing Committee on Social Policy when proposed amendments are debated and voted on. For details on the Standing Committee's schedule, visit the ODA Committee's website at: http://www.odacommittee.net/news204.html     PROGRESSIVE CONSERVATIVE PARTY'S PACKAGE OF PROPOSED AMENDMENTS TO BILL 118 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities PC Motions PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 4 of the Bill I move that section 4 of the Bill be amended by striking out "to which an accessibility standard applies" at the end. PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 4 of the Bill I move that section 4 of the Bill be struck out and that the following be substituted: Application 4. This Act applies to every person or organization in the public and private sectors of the Province of Ontario, including the Legislative Assembly of Ontario. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Clause 6 (3) (a) of the Bill I move that clause 6 (3) (a) of the Bill be amended by striking out "to the public" at the end. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Clause 6 (3) (c) of the Bill I move that clause 6 (3) (c) of the Bill be amended by striking out "to the public" at the end. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Clause 6 (3) (d) of the Bill I move that clause 6 (3) (d) of the Bill be amended by striking out "that is open to the public" at the end. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsections 6 (5.1) and (5.2) of the Bill I move that section 6 of the Bill be amended by adding the following subsections: Interim standards (5.1) A regulation may be made under this section adopting an interim accessibility standard before a standards development committee has submitted a proposed accessibility standard to the Minister under section 9. Same (5.2) A regulation adopting an interim accessibility standard shall not be made unless the Minister has completed a time-limited consultation process that complies with the regulations. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsections 8 (3), (4) and (5) of the Bill I move that subsections 8 (3), (4) and (5) of the Bill be struck out and the following substituted: Key sector committees (3) Within six months of the day this section comes into force, the Minister shall establish standards development committees for such industries, sectors of the economy or classes of persons and organizations as the Minister determines should be given priority based on the needs of persons with disabilities, including the following industries and sectors of the economy: 1. Transportation. 2. Education. 3. Health care. 4. The construction industry. 5. Employment sector. 6. Retail sector. 7. Customer services for persons with disabilities. Other committees (4) In addition to establishing standards development committees that are charged with the responsibility of developing proposed accessibility standards for specified industries, sectors of the economy or classes or persons or organizations, the Minister may establish standards development committees to develop proposed accessibility standards to address a barrier or a class of barriers that may exist in more than one industry or sector of the economy or may apply to more than one class of persons or organizations. Notice of committee to be established (5) The Minister shall publish a notice announcing the establishment of a standards development committee in a newspaper of general circulation in the Province and shall post the notice on a government internet site. Content of notice (5.1) The notice referred to in subsection (5) shall, (a) explain the function of the standards development committee and identify the industry, sector of the economy or class or person or organization or barrier for which the committee is to develop accessibility standards; (b) state the number of members that are to be appointed to the committee; (c) identify the qualifications that a person must have to become a committee member; (d) invite interested persons to apply to the Minister to become a committee member; and (e) set the date by which applications must be received by the Minister in accordance with subsection (5.2). Timing of application (5.2) All applications to become a member of a standards development committee shall be submitted to the Minister on the earlier of, (a) the day specified by the Minister in the notice referred to in subsection (5); or (b) the day that is 21 days after the day the notice is first published in a newspaper of general circulation in the Province. Publication of applicants' names (5.3) Within three days of the last day for submission of applications to become a member of a standards development committee, the Minister shall, (a) publish the names of all applicants received in accordance with subsection (5.1) in a newspaper of general circulation in the Province and post the list of names on a government internet site; (b) invite members of the public to comment on the qualifications of applicants for appointment to the committee within 15 days after the day the list of applicants is first published and posted in accordance with clause (a). Selection of committee members (5.4) Within 15 days after the last day of the period for public comment referred to in clause (5.3) (b), the Minister, having considered the comments received, shall select the members of the committee and provide each applicant with the decision to grant or refuse the application and the reasons therefore. Publication of appointment (5.5) The Minister shall publish the names of the appointees to a standards development committee in a newspaper of general circulation in the Province and shall post the list of names on a government internet site. Term of appointment (5.6) The members of a standards development committee shall be appointed for a period of five years. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 8 (6) of the Bill I move that subsection 8 (6) of the Bill be struck out and the following substituted: Terms of reference (6) Within 15 days of the appointment of the members of a standards development committee, and after consulting with the members of the committee, the Minister shall fix the terms of reference for the committee and shall, as part of the terms of reference, establish the deadlines that the committee must meet throughout the various stages of the standards development process. Publication of terms of reference (7) The Minister shall publish the terms of reference of a standards development committee in a newspaper of general circulation in the Province and shall post the terms of reference on a government internet site. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 8.1 of the Bill I move that the Bill be amended by adding the following section: Chair 8.1 The members of a standards development committee shall elect a chair from among themselves; when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 8.2 of the Bill I move that the Bill be amended by adding the following section: Compensation 8.2 The members of a standards development committee shall be compensated for their work on the committee and reimbursed for expenses in relation to that work in an amount to be determined by the Lieutenant Governor in Council. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 9 of the Bill I move that section 9 of the Bill be struck out and the following substituted: Development of proposed standards 9. (1) A standard development committee shall develop proposed accessibility standards in accordance with the process set out in this section. Determination of objectives (2) Within 90 days after its establishment, a standards development committee shall, (a) complete a review of the industry, sector or the economy or class of persons or organizations in relation to which the committee has responsibilities for the purpose of identifying the barriers that affect or exist in the industry, sector or class; and (b) prioritise the identified barriers so as to determine the committee's objectives and classify the objectives as short-term, mid-term and long-term objectives. Short-term objectives (3) Within two years of the day a standards development committee is established, the committee shall submit to the Minister its first proposed accessibility standard which shall set out the measures, policies, practices and requirements to achieve its short-term objectives. Mid-term objectives (4) Three years after the standards development committee submitted its first proposed accessibility standard to the Minister, and every three years thereafter until the committee is satisfied that it has met its mid-term objectives, the committee shall submit to the Minister a proposed accessibility standard which shall set out the measures, policies, practices and requirements to achieve its mid-term objectives in incremental stages. Long-term objectives (5) On or before January 1, 2024, the standards development committee shall submit to the Minister its final proposed accessibility standard which shall set out the measures, policies, practices and requirements to achieve its long-term objectives. Extension of timelines (6) If the standards development committee believes that it cannot submit a proposed accessibility standard to the Minister within the time periods referred to in subsections (3), (4) and (5), the committee may apply to the Minister for an extension of the time periods and shall provide reasons for the extension. Same (7) Upon being satisfied that the need for the extension is reasonable, the Minister may grant the standards development committee an extension to submit its proposed accessibility standard within such further time as the Minister may specify. Earlier proposed standards (8) Despite the timelines specified in subsections (3), (4) and (5) for the submission of proposed accessibility standards, the standards development committee may chose to submit proposed accessibility standards to the Minister more frequently than is required in those subsections in order to provide for the implementation of measures, policies, practices and requirements over more frequent intervals of time. Timelines specified in proposed standards (9) A proposed accessibility standard may specify timelines for the implementation of the measures, policies, practices and requirements set out in the standard. Majority adoption of proposed standard (10) The standards development committee shall not submit a proposed accessibility standard to the Minister unless the proposed accessibility standard has the approval of and bears the signature of the majority of the members of the committee. Dissenting report (11) A member of the standards development committee or a minority group of members may submit a report to the Minister outlining the reasons they have not approved the committee's proposed accessibility standard and specifying such other recommendations as they see fit to make. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 10 of the Bill I move that section 10 of the Bill be struck out and the following substituted: Public consultations 10. (1) In developing a proposed accessibility standard, a standards development committee shall consult with the public, including with persons with disabilities. Public meetings (2) Every meeting of a standards development committee shall be open to the public unless it is necessary to prevent the public from attending the meeting in order to protect the privacy of an individual or organization. Public proposed standards, etc. (3) Upon receiving a proposed accessibility standard from a standards development committee or a report from a committee member or group of members under subsection 9 (11) or a progress report under section 11, the Minister shall make the standard or report available to the public by posting it on a government internet site and by such other means as the Minister considers advisable. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 11.1 of the Bill I move that the Bill be amended by adding the following section: Adoption of proposed standards by regulation 11.1 Where a standards development committee submits a proposed accessibility standard to the Minister under section 9, the Minister shall, within 120 days of receipt of the proposed accessibility standard, (a) submit the proposed accessibility standard to the Lieutenant Governor in Council for adoption by regulation under section 6 with no changes or with such changes as the Minister may recommend; (b) return the proposed accessibility standard to the standards development committee for further consideration for such reasons as the Minister may specify and require the committee to submit a further proposed accessibility standard at such time as the Minister may specify. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 12 of the Bill I move that section 12 of the Bill be struck out and the following substituted: Accessibility Standards Advisor 12. (1) There shall be appointed, as an officer of the Legislative Assembly, an Accessibility Standards Advisor for the purposes of this Act and the regulations. Appointment (2) The Accessibility Standards Advisor shall be appointed by the Lieutenant Governor in Council on the address of the Assembly. Term of office and removal (3) Subject to subsection (4), the Accessibility Standards Advisor shall hold office for a term of five years and may be reappointed for a further term or terms, but is removable at any time for cause by the Lieutenant Governor in Council on the address of the Assembly. Retirement (4) The Accessibility Standards Advisor shall retire upon attaining the age of sixty-five years but, where the Accessibility Standards Advisor attains the age of sixty-five years before having served five years in office, he or she shall retire upon serving five years in office. Nature of employment (6) The Accessibility Standards Advisor shall devote himself or herself exclusively to the duties of the Accessibility Standards Advisor's office and shall not hold any other office under the Crown or engage in any other employment. Non-application (7) The Public Service Act does not apply to the Accessibility Standards Advisor. Salary (8) The Accessibility Standards Advisor shall be paid a salary to be fixed by the Lieutenant Governor in Council. Functions (9) The functions of the Accessibility Standards Advisor are, (a) to advise the Minister on the establishment of standards development committees; (b) to assist the standards development committees in the development of proposed accessibility standards by various means including providing the committees with technical support and retaining experts and technical advisors when required by the committees; (c) to monitor the implementation of this Act and of the accessibility standards and the work of the standards development committees; and (d) to carry out such other responsibilities as may be provided under this Act. Report (10) The Accessibility Standards Advisor shall every year prepare a report on the development of accessibility standards and the implementation of this Act and shall submit the report to the Minister and make the report available to the public in accordance with the regulations. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 14 (4) of the Bill I move that subsection 14 (4) of the Bill be struck out and the following substituted: Content (4) Within the prescribed period after this section comes into force, the Accessibility Standards Advisor shall make recommendations to the Minister as to the information that should be included in an accessibility report made under this section. Guidelines (5) Within the prescribed period after receiving the recommendations of the Accessibility Standards Advisor, the Minister shall prepare guidelines as to the information that is to be included in an accessibility report and may, in so doing, adopt in whole or in part the recommendations of the Accessibility Standards Advisor. Guidelines made public (6) The Minister shall make the guidelines prepared under subsection (5) available to the public in the prescribed manner. Compliance with guidelines (7) Every person or organization that is required to prepare an accessibility report under this section shall comply with the guidelines prepared by the Minister under subsection (5). PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 14 (4) of the Bill I move that subsection 14 (4) of the Bill be struck out and the following substituted: Content (4) An accessibility report shall contain such information as may be prescribed or required by the guidelines prepared by the Minister under subsection (6). Consultation (5) Within the prescribed period after this section comes into force, the Minister shall consult with prescribed persons with respect to the information that should be included in an accessibility report in addition to any information that is prescribed by regulation. Guidelines (6) After completing the consultation under subsection (5), the Minister shall prepare guidelines as to the information that is to be included in an accessibility report in addition to any information that is prescribed by regulation. Guidelines made public (7) The Minister shall make the guidelines prepared under subsection (6) available to the public in the prescribed manner. Compliance with guidelines (8) Every person or organization that is required to prepare an accessibility report under this section shall comply with the guidelines prepared by the Minister under subsection (6). PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 18 (1) of the Bill I move that subsection 18 (1) of the Bill be struck out and the following substituted: Inspectors 18. (1) Within a prescribed time after the first accessibility standard is established under section 6, the Minister shall appoint inspectors for the purposes of this Act. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Clause 21 (7) (b) of the Bill I move that clause 21 (7) (b) of the Bill be amended by striking out "and" at the end of subclause (i) and adding the following subclause: (i.1) inform the person or organization of what must be done in order to satisfy the order, and PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 26 of the Bill I move that section 26 of the Bill be struck out and the following substituted: Tribunal 26. (1) Within a prescribed time after the first accessibility standard is established under section 6, the Lieutenant Governor in Council shall, (a) establish a tribunal to be known as the Ontario Disability Accessibility Tribunal in English and Tribunal en matière d'accessibilité pour personnes handicapées in French; or (b) designate a tribunal with expertise in matters relating to accessibility for persons with disabilities to act as the tribunal for the purposes of this Act. Composition (2) If a new tribunal is established under clause (1) (a), the composition of the Tribunal and the procedures and practices of the Tribunal shall comply with the requirements prescribed by regulation. Powers and duties (3) The Tribunal may exercise such powers and shall perform such duties as are conferred or imposed upon it by or under this Act. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part VI.1 of the Bill I move that the Bill be amended by adding the following Part: PART VI.1 DUTIES OF THE GOVERNMENT OF ONTARIO Application 28.1 The duties and obligations imposed on the Government of Ontario in this Part apply in addition to any duties and obligations imposed on the Government of Ontario in the accessibility standards made under this Act. Conflict 28.2 If there is a conflict between a provision in this Part and a provision in an accessibility standard, the provision in this Part prevails. Government goods and services 28.3 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 28.4 The Government of Ontario shall provide its internet sites in a format that is accessible to persons with disabilities, unless it is not technically feasible to do so. Government publications 28.5 Within a reasonable time after receiving a request by or on behalf of a person with disabilities, the Government of Ontario shall make an Ontario Government publication available in a format that is accessible to the person, unless it is not technically feasible to do so. Government employees 28.6 (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. Government-funded capital programs 28.7 (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 28.8 (1) Each ministry shall, (a) prepare an accessibility plan as part of its annual planning process; and (b) consult with the Accessibility Directorate of Ontario in preparing the plan. 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 and set out a timetable for the removal of these barriers. 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. Interpretation 28.9 A reference in this Part to an employee of the Government of Ontario shall be deemed to be a reference to a public servant, as defined in section 1 of the Public Service Act. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part VII of the Bill I move that the heading of Part VII of the Bill be struck out and the following substituted: PART VII DUTIES OF MUNICIPALITIES PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 29 (3) of the Bill I move that subsection 29 (3) of the Bill be struck out and the following substituted: Members (3) Two-thirds of the members of the committee shall be persons with disabilities. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 29 (3.1) of the Bill I move that section 29 of the Bill be amended by adding the following subsection: Remuneration (3.1) The council shall pay the members of the committee a reasonable compensation and reimburse reasonable expenses of the committee members. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 29 (4) of the Bill I move that subsection 29 (4) of the Bill be amended by striking out "and" at the end of clause (b) and by adding the following clause: (b.1) advise the council on whether buildings that the municipality owns or occupies or is considering purchasing, leasing or constructing are designed so as remove and prevent any barriers that would prevent persons with disabilities from accessing the building; and PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 29 (5.1) of the Bill I move that section 29 of the Bill be amended by adding the following subsection: Response to committee advice (5.1) If the committee gives the council advice or makes recommendations that the council decides not to follow or adopt, the council shall provide the committee with written reasons for not doing so and shall make its reasons and the committee's advice or recommendations available to the public in the prescribed manner. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 29 (9) of the Bill I move that section 29 of the Bill be amended by adding the following subsection: If no committee established (9) If the council of a municipality that has a population of less than 10,000 has not established an accessibility advisory committee, the council shall consult annually with the public, and in particular with persons with disabilities, in accordance with the regulations, on the matters referred to in subsection (5) and on developing strategies for removing and preventing barriers to persons with disabilities in the municipality. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 29.9 of the Bill I move that the Bill be amended by adding the following section: Municipal goods and services 29.9 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. PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 29.9 of the Bill I move that the Bill be amended by adding the following section: Municipal goods and services 29.9 (1) With respect to goods or services purchased for its own use or for the use of its employees or of the public, the council of a municipality shall only purchase, (a) goods and services that meet the prescribed standards, if standards have been prescribed with respect to those goods or services; or (b) if no standards have been prescribed with respect to the goods or services in question, goods and services that do not create barriers for persons with disabilities and do not promote the continued existence of such barriers. Same (2) If the council of a municipality cannot, after due diligence, find goods or services that meet the requirements of subsection (1), it may purchase other goods and services but shall ensure that special accommodations are made in respect of such goods and services for persons with disabilities. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part VII.1 of the Bill I move that the Bill be amended by adding the following Part: PART VII.1 DUTIES OF PUBLIC SECTOR ORGANIZATIONS Application 29.10 The duties and obligations imposed on the organizations in this Part apply in addition to any duties and obligations imposed on the organizations in the accessibility standards made under this Act. Conflict 29.11 If there is a conflict between a provision in this Part and a provision in an accessibility standard, the provision in this Part prevails. Public transportation organizations 29.12 (1) Each year, every public transportation organization shall, (a) prepare an accessibility plan; and (b) consult with persons with disabilities and others in preparing the plan. 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 and set out a timetable for the removal of those barriers. 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. Definition (5) In this section, "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. Other public sector organizations 29.13 (1) Each year, every prescribed public sector organization shall, (a) prepare an accessibility plan; and (b) consult with persons with disabilities and others in preparing the 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 and set out a timetable for the removal of those barriers. 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 prescribed public sector organization shall make its accessibility plan available to the public. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 30 (1) of the Bill I move that subsection 30 (1) of the Bill be struck out and the following substituted: Directors 30. (1) Within a prescribed time after the first accessibility standard is established under section 6, the Minister shall appoint one or more directors for the purposes of this Act and the regulations. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsections 31 (1.1) to (1.7) of the Bill I move that section 31 of the Bill be amended by adding the following subsections: Notice of committee to be established (1.1) The Minister shall publish a notice announcing the establishment of the Council in a newspaper of general circulation in the Province and shall post the notice on a government internet site. Content of notice (1.2) The notice referred to in subsection (1.1) shall, (a) explain the function of the Council; (b) state the number of members that are to be appointed to the Council; (c) identify the qualifications that a person must have to become a Council member; (d) invite interested persons to apply to the Minister to become a Council member; and (e) set the date by which applications must be received by the Minister in accordance with subsection (1.3). Timing of application (1.3) All applications to become a member of the Council shall be submitted to the Minister on the earlier of, (a) the day specified by the Minister in the notice referred to in subsection (1.1); or (b) the day that is 21 days after the day the notice is first published in a newspaper of general circulation in the Province. Publication of applicants' names (1.4) Within three days of the last day for submission of applications to become a member of the Council, the Minister shall, (a) publish the names of all applicants received in accordance with subsection (1.2) in a newspaper of general circulation in the Province and post the list of names on a government internet site; (b) invite members of the public to comment on the qualifications of applicants for appointment to the Council within 15 days after the day the list of applicants is first published and posted in accordance with clause (a). Selection of members (1.5) Within 15 days after the last day of the period for public comment referred to in clause (1.4) (b), the Minister, having considered the comments received, shall select the members of the Council and provide each applicant with the decision to grant or refuse the application and the reasons therefore. Publication of appointment (1.6) The Minister shall publish the names of the appointees to the Council in a newspaper of general circulation in the Province and shall post the list of names on a government internet site. Term of appointment (1.7) The members of the council shall be appointed for a period of five years. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 31 (4) of the Bill I move that subsection 31 (4) of the Bill be amended by striking out "At the direction of the Minister" at the beginning. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsections 33 (3) and (4) of the Bill I move that subsections 33 (3) and (4) of the Bill be struck out. PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 33 (4) of the Bill I move that subsection 33 (4) of the Bill be struck out and the following substituted: Limitations on exemptions (4) The Minister shall not grant an exemption under subsection (3) unless the Minister is satisfied that the prescribed criteria for the granting of the exemption have been met and that the granting of the exemption is consistent with, and will help promote, the purposes of this Act. Time limitation (4.1) An exemption under subsection (3) shall not be granted for a period that is longer than the prescribed period. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part IX.1 of the Bill I move that the Bill be amended by adding the following Part: PART IX.1 REVIEWS OF LEGISLATION Ministry reviews 33.1 (1) Within such time after the coming into force of this section as may be prescribed, every minister shall ensure that a review of all statutes for which the minister is responsible and of all regulations made under those statutes is completed. Purpose (2) The purpose of a review under this section is, (a) to identify barriers that are created under the statute or regulation or that the statute or regulation has failed to remove or otherwise address; and (b) to make recommendations for amendments to the statutes and regulations that would remove the barriers or prevent the erection of other barriers in the future. Report (3) The Minister shall prepare a report of the review of its statutes and regulations. Content of report (4) The report shall set out a plan for the implementation of the recommendations referred to in clause (2) (b) within the prescribed time period and, if a decision has been made not to proceed with a recommended amendment, set out reasons therefore. Report made public (5) The report shall be made available to the public in the prescribed manner. Future legislation (6) The Minister shall, before recommending to Cabinet that a bill be introduced in the Assembly or that a regulation be made or before making a regulation, satisfy himself or herself that the bill or regulation does not contain any provisions that would create or facilitate the existence of barriers for persons with disabilities. Legislation relating to construction 33.2 (1) Within such time after the coming into force of this section as may be prescribed, the Minister of Municipal Affairs and Housing shall ensure that a review of all statutes and regulations related to construction industry be completed. Scope of review (2) The review shall include, (a) the Building Code Act, 1992 and the regulations made under that Act; (b) the Planning Act and the regulations made under that Act; (c) the Condominium Act, 1998 and the regulations made under that Act; (d) such other statutes and regulations as the Minister of Municipal Affairs and Housing considers advisable. Consultation (3) The Minister of Municipal Affairs and Housing shall consult with any other minister responsible for other legislation that is the subject of the review. Purpose of review (4) The purposes of the review are, (a) to harmonize the requirements in various statutes and regulations that are intended to eliminate barriers for persons with disabilities in the construction of buildings and structures; (b) to encourage improvements to old and existing buildings and structures that are not accessible by persons with disabilities; (c) to ensure that the construction of new residential buildings by developers meet the requirements of the accessibility standards; (d) to ensure that professionals involved in the design and construction of buildings receive training in barrier-free design and to work with governing bodies or associations of such professionals to ensure such training is provided; (e) to require professionals referred to in clause (d) to advise individuals building a new residential home of features that could be incorporated in the home to make it more accessible for persons with disabilities; and (f) to provide for the training of municipal building inspectors in matters relating to accessibility. Report (5) The Minister shall prepare a report of the review. Content of report (6) The report shall set out a time frame to implement measures identified in the report intended to help achieve the purposes of the review. Report made public (7) The report shall be made available to the public in the prescribed manner. Review of municipal by-laws 33.3 (1) Within such time after the coming into force of this section as may be prescribed, the council of every municipality shall ensure that a review of all of its by-laws is completed. Purpose (2) The purpose of a review under this section is, (a) to identify barriers that are created under the by-laws or that the by-laws have failed to remove or otherwise address; and (b) to make recommendations for amendments to the by-laws that would remove the barriers or prevent the erection of other barriers in the future. Report (3) The council shall prepare a report of the review. Content of report (4) The report shall set out a plan for the implementation of the recommendations referred to in clause (2) (b) within the prescribed time period and, if a decision has been made not to proceed with a recommended amendment, set out reasons therefore. Report made public (5) The report shall be made available to the public in the prescribed manner. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part IX.2 of the Bill I move that the Bill be amended by adding the following Part PART IX.2 MAKING ELECTIONS ACCESSIBLE Ballots 33.4 Despite anything in section 34 of the Election Act, for the purposes of an election under that Act, ballots shall be available at every polling place in a prescribed form that enables electors with disabilities to mark the ballots by themselves and in private. Polling places 33.5 (1) Despite anything in section 13 of the Election Act, in an election under that Act, a returning officer shall ensure that every polling place is in a location that is accessible to electors with disabilities. Exception (2) Subsection (1) does not apply where a location that is accessible to electors with disabilities cannot be found within eight kilometres of the location that would have been selected were it not for subsection (1). Sign language and other accommodation (3) In an election under the Election Act, a returning officer shall ensure that all polling places in the electoral district provide sign language interpretation for electors who are deaf or hard of hearing and provide such other accommodation of other disabilities as is reasonable. Municipal elections 33.6 (1) Despite anything in section 41 of the Municipal Elections Act, 1996, in a municipal election, ballots shall be available at every polling place in a prescribed form that enables electors with disabilities to mark the ballots by themselves and in private. Voting places (2) In accordance with subsection 45 (2) of the Municipal Elections Act, 1996, the clerk of a municipality shall ensure that a voting place is accessible to electors with disabilities. Exception (3) Subsection (2) does not apply where the voting place that is accessible to electors with disabilities is more than eight kilometres from the voting place that would have been selected were it not for subsection (2). Sign language and other accommodation (4) In an election under the Municipal Elections Act, a returning officer shall ensure that all polling places in the electoral district provide sign language interpretation for electors who are deaf or hard of hearing and provide such other accommodation of other disabilities as is reasonable. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Part IX.3 of the Bill I move that the Bill be amended by adding the following Part: PART IX.3 EDUCATIONAL REQUIREMENTS School board 33.7 (1) Every school board that is a board as defined in subsection 1 (1) of the Education Act shall develop and implement school curriculum components to teach its students about the barriers for persons with disabilities that exist in their community and at large and about the various ways of identifying, removing and preventing those barriers. Ministry curriculum (2) Within the prescribed period after the day this section comes into force, the Ministry of Citizenship and Immigration and the Ministry of Education shall prepare a model curriculum that may be adopted by school boards under subsection (1). Professional training, architects 33.8 (1) The Council of the Ontario Association of Architects shall ensure that, within the prescribed time after the day this section comes into force, the admission course offered by the Association and required before an individual can obtain a licence to practise architecture in Ontario shall be modified to ensure that students are trained in how to design buildings and premises that are free of barriers for persons with disabilities. Same (2) The Council of the Ontario Association of Architects shall develop a program with respect to the training referred to in subsection (1) within the prescribed time period and shall submit it to the Minister for his or her approval. Same, other professional (3) The Lieutenant Governor in Council may make regulations, (a) requiring the governing bodies of prescribed professional associations whose members work in the construction industry to refuse professional recognition to applicants who do not receive training on how to design or construct buildings and premises that are free of barriers for persons with disabilities; and (b) requiring those governing bodies to develop training programs that meet the prescribed criteria and to have the programs approved by the Minister. Training on running a practice 33.9 (1) The benchers of the Law Society of Upper Canada, the Council of the Council of College of Physicians and Surgeons of Ontario, the Ontario College of Teachers and the governing body of any other prescribed profession shall ensure that, within the prescribed period after the day this section comes into force, the training described in subsection (2) is provided to applicants who wish to be granted the right to practise the profession before they are granted that right. Same (2) The training shall inform the students on measures and practices that they should follow in order to ensure that their services are accessible to persons with disabilities and shall meet the prescribed requirements. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 38 of the Bill I move that section 38 of the Bill be amended by adding the following subsection: Further offences (6) The following are guilty of an offence and on conviction are liable to a fine of not more than $50,000: 1. A ministry that contravenes clause 28.8 (1) (a) or subsection 28.8 (4). 2. A public transportation organization that contravenes clause 29.12 (1) (a) or subsection 29.12 (4). 3. A prescribed public sector organization that contravenes clause 29.13 (1) (a) or subsection 29.13 (4). PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 39.1 of the Bill I move that the Bill be amended by adding the following section: Tribunal decisions 39.1 Every prescribed tribunal shall, in exercising a statutory power of decision, make reasonable efforts to render a decision that will not have an adverse effect on persons with disabilities and that will remove and prevent, to the extent possible, barriers for persons with disabilities. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Clause 40 (1) (r) of the Bill I move that clause 40 (1) (r) of the Bill be struck out. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 40 (2.1) of the Bill I move that section 40 of the Bill be amended by adding the following subsection: Exemptions (2.1) A regulation shall not be made granting an exemption under clause (1) (r) unless, (a) a person or organization has applied to the Minister for the exemption; (b) the Minister has published the proposed regulation in the prescribed manner; (c) the regulation sets out the reasons for granting the exemption; and (d) the exemption is granted for a period specified in the exemption which does not exceed a prescribed period. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 40 (2.2) of the Bill I move that section 40 of the Bill is amended by adding the following subsection: Opportunity for comments (2.2) The Lieutenant Governor in Council shall not make a regulation under subsection (1) until it has published a draft of it in The Ontario Gazette and allowed interested persons a reasonable opportunity to make comments on the draft to the Accessibility Directorate of Ontario. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 40.1 of the Bill I move that the Bill be amended by adding the following section: Review of Act 40.1 (1) The Executive Council shall cause a review of this Act to be undertaken within five years after the day this section comes into force. Contents (2) The review may include recommendations to improve the effectiveness of this Act. PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 40.1 of the Bill I move that the Bill be amended by adding the following section: Review of Act 40.1 Within three years of the day this Act comes into force and every three years thereafter, the Executive Council shall appoint a person to conduct a review of this Act. Consultation (2) A person conducting a review under this section shall consult with the public and, in particular, with persons with disabilities. Report (3) The person conducting the review shall prepare a report with respect to the effectiveness of this Act and the accessibility standards in identifying, removing and preventing barriers to persons with disabilities and setting out recommendations for improving this Act and the accessibility standards. Same (4) The person conducting the review shall submit his or her report to the Minister who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. PC Motion v. 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 41 of the Bill I move that section 41 of the Bill be amended by adding the following subsection: Same (3) The Lieutenant Governor shall not issue a proclamation repealing a provision of the Ontarians with Disabilities Act, 2001 until all the accessibility standards relating to the subject-matter of that provision have been established under this Act. PC Motion v. 1 Alternative 1 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Section 42 of the Bill I move that section 42 of the Bill be struck out and the following substituted: Commencement 42. This Act comes into force on the day it receives Royal Assent. PC Motion v. 1 Alternative 2 Bill 118 An Act respecting the development, implementation and enforcement of standards relating to accessibility with respect to goods, services, facilities, employment, accommodation, buildings and all other things specified in the Act for persons with disabilities Motion to be moved in Committee M Subsection 42 (2) of the Bill I move that subsection 42 (2) of the Bill be struck out and the following substituted: Same (2) Sections 1 to 41 come into force on the earlier of, (a) a day to be named by proclamation of the Lieutenant Governor; and (b) the day that is six months after the day this Act receives Royal Assent.

 

Top of Page

 

Website maintained by Barb Anello

Page last updated March 19, 2005