ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE

Conservative Government Introduces Major Amendments To Ontario Building Code, But None Address Disability Barriers

June 21, 2002

SUMMARY

Ontario's Conservative Government has brought before the Legislature a comprehensive bill to amend the Ontario Building Code. The Building Code sets standards for new building construction in Ontario, particularly public and commercial buildings. This bill has already passed second reading in the Legislature.

This bill does not include any specific provisions to improve the removal or prevention of barriers in building construction against persons with disabilities. Describing this bill, its sponsor, Municipal Affairs Minister Chris Hodgson said during June 3, 2002 second reading debates that it "would represent the most encompassing building regulatory reforms in the past 30 years..."

Three and a half years ago, and three citizenship ministers ago, back on November 23, 1998, then Citizenship Minister Isabel Bassett made the following commitment on behalf of the Conservative Government:

"And the Ministry of Municipal Affairs and Housing will consult with organizations representing persons with disabilities, municipalities, as well as the homebuilding and development industries, to identify priorities for improving barrier-free design standards in the Ontario Building Code."

Those promised disability improvements have not yet been brought forward. That commitment was made prior to the 1999 election, when the Conservative Government tabled its first attempt at an Ontarians with Disabilities Act, a 3-page bill that the Government withdrew 17 days later after province-wide condemnation of it.

Over three years after making that commitment, the Ontario Government held a written consultation on the Building Code's disability provisions this past winter. The Ontarians with Disabilities Act Committee made a submission to that consultation, which can be viewed on our website at:

http://www.odacommittee.net

In his June 3, 2002 speech on this new Building Code bill during second reading debate, Municipal Affairs Minister Hodgson had this to say about the needs of persons with disabilities:

"In addition to today's proposed legislation, my ministry has undertaken consultations that will focus on priorities for improving barrier-free design requirements in buildings in Ontario. Details of that consultation will be announced shortly. The results of this consultation will be part of the development of new standards for inclusion in the next edition of the building code, which will have an objective-based format.

Building regulatory reform legislation would result in new enforcement processes in the Building Code Act and the building code that would help ensure compliance with these new standards and their underlying objectives, including accessibility, that apply when buildings are constructed or renovated.

I believe it is important that we work with our partners in the building industry in consultations like this to ensure that we continue to improve accessibility throughout Ontario in new buildings. It is vital that we remove as many of the existing barriers to accessibility as possible and ensure no new barriers are raised. I look forward to hearing from builders, designers and stakeholders in the disability community on how we can improve accessibility and opportunity for all Ontarians. ..."

During the ensuing debate in the Legislature, several Liberal and NDP MPPs pointed out that this bill did not include anything for persons with disabilities. They stated that these barriers need to be addressed, and that the Ontarians with Disabilities Act 2001, passed last fall, also did not address these barriers particularly in private sector buildings.

We set out below all the passages from those debates by any MPP who referred specifically to the Ontarians with Disabilities Act or to disability accessibility needs. We note that the Government's focus in this bill includes improving the enforcement mechanisms under the Building Code. In contrast, the Government rejected amendments to the Ontarians with Disabilities Act 2001 which the disability community put forward to establish a comprehensive and effective enforcement mechanism under that legislation.

We encourage you to write to your MPP, to Premier Eves and to your local media. You might wish to let them know how you feel about the fact that this bill does not address disability needs, about the fact that reforms in this area were specifically promised back in November 1998, and about the fact that the Government says persons with disabilities must now wait for the next time they revise the Building Code. We also welcome your feedback at:

oda@odacommittee.net

*****

Ontario Hansard June 3, 2002

Second reading of Bill 124, An Act to improve public safety and to increase
efficiency in building code enforcement

Chris Hodgson (Minister of Municipal Affairs and Housing) (Conservative):
... It is my great pleasure to rise today to speak to an important piece of
legislation that would bring long-needed reform to the building regulatory
system.

An Act to improve public safety and to increase efficiency in building code
enforcement, if passed by this House, would represent the most encompassing
building regulatory reforms in the past 30 years, reforms that would clear
the path for a new, more efficient and cost-effective way of doing
business.

The proposed legislation is based on the recommendations of the Building
Regulatory Reform Advisory Group, the acronym BRRAG. As honourable members
may know, this advisory panel, which represented a broad spectrum of
representatives from the building industry, regulatory officials and
consumers, made a sweeping set of recommendations in its report entitled
Knowledge, Accountability and Streamlining: Cornerstones for a New Building
Regulatory System in Ontario. That report lays the foundation for today's
proposed new legislation.

Following the release of the BRRAG report, we continued discussions with
stakeholders, and in numerous consultations we heard that the current
system for getting building permits and inspections was too slow, that it
adds unnecessary costs and that is doesn't fairly allocate liability. We
agree with those concerns, and the input from all the stakeholder groups in
the building industry has been invaluable in the development of this
proposed legislation.

At the core of this legislation are three basic principles: public safety,
streamlining and accountability. This legislation proposes fundamental
changes intended to increase public safety by enhancing the building code
knowledge of building practitioners, streamlining the building regulatory
system by cutting red tape in the building inspection and approvals
process, and making key players more accountable for the work they do,
which could result in the fair allocation of liability.

...

In addition to today's proposed legislation, my ministry has undertaken
consultations that will focus on priorities for improving barrier-free
design requirements in buildings in Ontario. Details of that consultation
will be announced shortly. The results of this consultation will be part of
the development of new standards for inclusion in the next edition of the
building code, which will have an objective-based format.

Building regulatory reform legislation would result in new enforcement
processes in the Building Code Act and the building code that would help
ensure compliance with these new standards and their underlying objectives,
including accessibility, that apply when buildings are constructed or
renovated.

I believe it is important that we work with our partners in the building
industry in consultations like this to ensure that we continue to improve
accessibility throughout Ontario in new buildings. It is vital that we
remove as many of the existing barriers to accessibility as possible and
ensure no new barriers are raised. I look forward to hearing from builders,
designers and stakeholders in the disability community on how we can
improve accessibility and opportunity for all Ontarians.

...

Mr Ernie Parsons: (Liberal)... Remember, this is not a bill to deal with
the building code. The government needs to deal with the building code if
for no other reason than Ontarians with disabilities are extremely poorly
served by this government's lack of attention. They passed this -- well,
the House passed the bill dealing with the Ontarians with Disabilities Act.
The government has chosen not to proclaim it, other than the title and a
couple of clauses in it, but they also need to recognize the practical
reality that Ontarians with disabilities need building code revisions that
reflect their needs for accessibility to buildings in this province. That's
not being done. Even if they did it for commercial buildings, I think it's
important to remember the government won't apply the Ontarians with
Disabilities Act to private buildings such as shopping centres, stores,
apartment buildings. It doesn't apply for Ontarians with disabilities where
they shop, where they live or where they work, but it does apply to city
hall. I think that has been a major disappointment for Ontarians with
disabilities.

...

Ms Marilyn Churley (NDP): ... The government as well has introduced an
Ontarians with Disabilities Act, but they're refusing to allow this to
override the building code, and this could leave people with disabilities
out in the cold.

...

*****

Ontario Hansard June 10, 2002
Second Reading Debate Continued on Building Code Amendment Bill

Mr Gilles Bisson (NDP): ... Second, this bill doesn't impact on Ontarians
with disabilities. We had a real opportunity in this bill, if we had so
chosen, to say that if we're serious about providing real access in regard
to Ontarians with disabilities, this was an opportunity to put inside a
bill mechanisms and real ways of making sure Ontario cities, towns and
villages become much more accessible to the disabled community in Ontario.
We know that back a ways the government introduced an Ontarians with
Disabilities Act. We argued at the time that it didn't have a lot of teeth
in it. Yes, it was a step in the right direction, but other than just
saying, "Yes, we feel good and we want to do something nice," when you look
at the contents of the Ontarians with Disabilities Act, there wasn't really
a lot there to assist Ontarians with disabilities. I know that my good
friend Mr Prue, when he gets an opportunity to speak, is going to find
himself in a position where he would like to see in this particular bill
real, concrete steps made in order to deal with making sure Ontarians with
disabilities have a mechanism by way of some of the changes in this bill to
deal with some of the issues that are important to them. I realize that's
part of the Planning Act issue, but this would have been an opportunity to
open part of the Planning Act to do that.

...

... So I will just say there was an opportunity in this bill to make sure
that we really do something for the community in this province that is most
in need of support, and that is Ontarians with disabilities. We could have,
by way of this bill, also opened up the Planning Act in order to really
give teeth to the Ontarians with Disabilities Act so that Ontarians who
have disabilities could have dealt with some of the very basic issues in
order to make a municipality more accessible. I was proud, as you were, Mr
Speaker, to be a member of the NDP government that did a whole bunch in the
Planning Act when it came to making sure -- just simple things, like when
we go out and buy a bus on the part of the city that we go into buying
low-risers. Now, I admit there were some difficulties in doing that,
because the technology wasn't all that developed and there were some
problems with some of the models through the Orion bus line. But the point
is, we had done a number of things like that, policies that said, "When
you're buying a bus, make it accessible. When you're building a sidewalk,
make sure to cut down the curb. Do the simple things you have to do when
you're planning in order to make sure the municipalities are made more
accessible." I think this would have been an opportunity for this
government to do that. I just say it's unfortunate that we didn't do that
with the disability issue.

...

*****

Ontario Hansard June 11, 2002

Debate on Conservative Government's "Time Allocation" or "Closure" motion
on the Building Code Amendment Bill.

Mr Michael Prue (NDP):... ... There is a third problem with the bill.
Nowhere in the bill does it contain anything about the Ontarians with
Disabilities Act. This is an essential thing that needs to be remedied. It
needs to be talked about. It is not in the present building code. I sat
here through what seemed interminable debate over the Ontarians with
Disabilities Act and all the laudatory things that were said by the
government members. Surely we need an Ontarians with Disabilities Act, but
we need one with some teeth. We need it to be able to help those people in
our community who rely on buildings, who rely on building inspectors, and
there's nothing here. There is nothing here that will give any comfort that
the government is listening to them or that the building inspector will be
mindful of what they are to do. There is nothing in here that will allow
the registered code agencies any latitude, nothing for people who are
disabled, or community standards for the disabled, or anything under that
act. There is nothing that will say that it could be overridden in any way
in support of what they need to function fully in this society...

 

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