ODA Committee Update
dated March 21, 2005
posted March 22, 2005

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE Liberal Government Tables Package of Proposed Amendments to Bill 118 March 21, 2005 SUMMARY On Friday, March 18, 2005, Ontario's Liberal Government tabled a package of proposed amendments to Bill 118, the proposed Accessibility for Ontarians with Disabilities Act. (See text below, about 33 pages) We now have the amendments packages for all three parties. It is important for one and all to let the Government, as well as the opposition parties, know before March 29, 2005, which proposed amendments you think are important. To see the Conservative Party's proposed amendments package, visit: www.odacommittee.net/news205.html To see the NDP's proposed amendments package, visit: www.odacommittee.net/news206.html For tips on actions you can take to help read these amendments packages and to advocate for the best overall amendments, visit the announcements listed above re the Conservative and NDP amendments packages. Time is short. The Standing Committee on Social Policy starts debating these amendments, clause-by-clause, on Tuesday, March 29, 2005. Please send us your feedback on these amendments packages. Contact us at: oda@odacommittee.net   LIBERAL GOVERNMENT'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 Government Motions Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _________________ Section 1 of the Bill I move that section 1 of the Bill be amended by striking out the portion before clause (a) and substituting the following: Purpose 1. Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by, Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _________________ Clause 1 (a) of the Bill I move that clause 1 (a) of the Bill be amended by striking out "occupancy of accommodation" and substituting "accommodation". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Section 4 of the Bill I move that section 4 of the Bill be struck out and the following 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. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ________________ Subsection 6 (3) of the Bill I move that subsection 6 (3) of the Bill be struck out and the following substituted: Same (3) An accessibility standard may apply only to a person or organization that, (a) provides goods, services or facilities; (b) employs persons in Ontario; (c) offers accommodation; (d) owns or occupies a building, structure or premises; or (e) is engaged in a prescribed business, activity or undertaking or meets such other requirements as may be prescribed. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Subsection 6 (3.1) of the Bill I move that the Bill be amended by adding the following subsection: Same, Legislative Assembly (3.1) An accessibility standard that applies to the Legislative Assembly may impose obligations on the Speaker of the Assembly and may apply with respect to all or part of the Legislative Building or of such other offices that fall within the jurisdiction of the Legislative Assembly and are identified in the accessibility standard. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ________________ Subsection 6 (6) of the Bill I move that the French version of subsection 6 (6) of the Bill be amended, (a) by striking out "Les règlements pris en application du présent article peuvent créer" at the beginning and substituting "Une norme d'accessibilité peut créer"; and (b) by striking out "ils peuvent créer" in the portion before clause (a) and substituting "elle peut créer". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M __________________ Subsection 6 (7) of the Bill I move that the French version of subsection 6 (7) of the Bill be amended by striking out "Les règlements pris en application du présent article peuvent définir" at the beginning and substituting "Une norme d'accessibilité peut définir" Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M __________________ Subsection 6 (8) of the Bill I move that the French version of subsection 6 (8) of the Bill be struck out and the following substituted: Portée (8) Une norme d'accessibilité peut avoir une portée générale ou particulière et être limitée quant au temps et au lieu. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ________________ Subsection 8 (4) of the Bill I move that subsection 8 (4) of the Bill be amended by adding the following paragraph: 4. Such other persons or organizations as the Minister may consider advisable. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Subsections 8 (7) and (8) of the Bill I move that section 8 of the Bill be amended by adding the following subsections: Terms of reference made public (7) After fixing the terms of reference under subsection (6), the Minister shall make the terms of reference available to the public by posting them on a government internet site and by such other means as the Minister considers advisable. Minutes of meetings (8) A standards development committee shall keep minutes of every meeting it holds and shall make the minutes available to the public by posting them on a government internet site and by such other means as the terms of reference may provide. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _________________ Clause 9 (3) (a) of the Bill I move that the English version of clause 9 (3) (a) of the Bill be amended by striking out "to accommodate" at the end and substituting "to address". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M __________________ Clause 15 (1) (b) of the Bill I move that the French version of clause 15 (1) (b) of the Bill be amended by striking out "un dirigeant" and substituting "un cadre dirigeant". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) 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) The Deputy Minister shall appoint one or more inspectors for the purposes of this Act and the regulations within a reasonable time after the first accessibility standard is established under section 6. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Subsection 18 (2) of the Bill I move that subsection 18 (2) of the Bill be amended by striking out "The Minister" at the beginning and substituting "The Deputy Minister". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Subsection 20 (1) of the Bill I move that subsection 20 (1) of the Bill be amended by striking out "or" at the end of clause (a) and substituting "and". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Subsection 21 (5) of the Bill I move that subsection 21 (5) of the Bill be struck out and the following substituted: Failure to comply with previous order (5) If a person or organization fails to comply with an order made under subsection (3) or (4) within the time specified in the order and no appeal of the order is made within the time specified in subsection 27 (1), a director may, subject to subsection (6), make an order requiring the person or organization to pay an administrative penalty in accordance with the regulations. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _________________ Clause 21 (7) (c) of the Bill I move that clause 21 (7) (c) of the Bill be amended by striking out "and specify the time for giving notice of appeal" at the end and substituting "within 15 days after the day the order is made". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _____________ Subsection 23 (1) of the Bill I move that subsection 23 (1) of the Bill be amended by striking out "and no appeal of the order is made within the time specified in the order" and substituting "and no appeal of the order is made within the time specified in subsection 27 (1)". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _________________ Subsection 23 (4) of the Bill I move that subsection 23 (4) of the Bill be amended by striking out "within the time specified in the order" and substituting "within the time specified in subsection 27 (1)". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Section 25 of the Bill I move that section 25 of the Bill be struck out and the following substituted: Order reviewed, etc. 25. Within a reasonable time after making an order under section 21, a director may review the order and vary or rescind it. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Subsection 26 (1) of the Bill I move that subsection 26 (1) of the Bill be struck out and the following substituted: Designation of tribunals 26. (1) The Lieutenant Governor in Council shall, by regulation, designate one or more tribunals for the purposes of this Act and of the regulations within a reasonable time after the first accessibility standard is established under section 6. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Subsection 27 (1) of the Bill I move that subsection 27 (1) of the Bill is struck out and the following substituted: Appeals to Tribunal 27. (1) A person or organization that is the subject of an order made by a director under section 21, 25 or subsection 33 (8) may appeal the order by filing a notice of appeal with the Tribunal within 15 days after the day the order is made. Notice of appeal (1.1) A notice of appeal shall be in a form approved by the Tribunal and shall contain the information required by the Tribunal. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _______________ Section 28 of the Bill I move that section 28 of the Bill be struck out and the following substituted: Mediation 28. The Tribunal may attempt to effect a settlement of all or part of the matters that are the subject of an appeal by mediation if, (a) the parties consent to the mediation; and (b) the Tribunal considers that it is in the public interest to do so. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _____________ Subsection 30 (1) of the Bill I move that subsection 30 (1) of the Bill be amended by striking out "The Minister" at the beginning and substituting "The Deputy Minister". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Subsection 30 (5) of the Bill I move that subsection 30 (5) of the Bill be amended by striking out "subsections 21 (3) and (4)" at the end and substituting "subsections 21 (3), (4) and (5)". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _____________ Subsection 32 (3) of the Bill I move that subsection 32 (3) of the Bill be amended by adding the following clauses: (e.1) consult with organizations, including schools, colleges, universities, trade or occupational associations and self-governing professions, on the provision of information and training respecting accessibility within such organizations; (e.2) inform persons and organizations that may be subject to an accessibility standard at a future date of preliminary measures, policies or practices that they could implement before the accessibility standard comes into force in order to ensure that the goods, services, facilities, accommodation and employment they provide, and the buildings, structures and premises they own or occupy, are more accessible to persons with disabilities; Government 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 NOTICE Section 36 of the Bill The Government recommends voting against section 36. Reason for notice rather than motion: This notice, which recommends voting against the section, is provided instead of a motion to delete it. The reason for this approach is that parliamentary procedure requires that the Committee vote against the section, rather than pass a motion to delete it from the Bill, if the Committee wishes to have it removed from the Bill. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M _____________ Subsection 37 (3) of the Bill I move that subsection 37 (3) of the Bill be amended by striking out "deemed to be made on the third day" and substituting "deemed to be made on the fifth day". Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ______________ Clause 40 (1) (q) of the Bill I move that clause 40 (1) (q) of the Bill be struck out and the following substituted: (q) defining the terms "accessibility", "accommodation" and "services" for the purposes of this Act and of the regulations; Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) 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 under clause (1) (r) shall state the reasons for exempting the persons, organizations, buildings, structures or premises or classes thereof, described in the regulation, from the application of the provisions specified in the regulation. Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) M ________________ Section 40.1 of the Bill I move that the Bill be amended by adding the following sections: Annual report 40.1 (1) The Minister shall prepare an annual report on the implementation and effectiveness of this Act. Content of report (2) The report shall include an analysis of how effective the standards development committees, the accessibility standards and the enforcement mechanisms provided for under this Act are in furthering the purpose of this Act. Tabling of report (3) The Minister shall submit the report to the Lieutenant Governor in Council and shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. Review of Act 40.2 (1) Within four years after this section comes into force, the Lieutenant Governor in Council shall, after consultation with the Minister, appoint a person who shall undertake a comprehensive review of the effectiveness of this Act and the regulations. 2 Report to Minister (2) A person appointed under subsection (1) shall prepare a report on his or her findings and shall submit the report to the Minister. Tabling of report (3) The Minister shall submit the report to the Lieutenant Governor in Council and shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. Further review (4) Within three years after the laying of a report under subsection (3) and every three years thereafter, the Lieutenant Governor in Council shall, after consultation with the Minister, appoint a person who shall undertake a further comprehensive review of the effectiveness of this Act and the regulations Same (5) Subsections (2) and (3) apply with necessary modifications to a review under subsection (4). Government Motion 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 (On peut obtenir la version française de cette motion auprès du greffier.) 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.

 

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