ODA COMMITTEE UPDATE dd December 10, 2001 -- LIBERAL PARTY TABLES PACKAGE OF PROPOSED AMENDMENTS TO STRENGTHEN BILL 125 WITH STANDING COMMITTEE ON FINANCE AND ECONOMIC AFFAIRS

Ontario Government's
New ODA Bill 125
ODA COMMITTEE UPDATE

December 10, 2001

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE

LIBERAL PARTY TABLES PACKAGE OF PROPOSED AMENDMENTS TO
STRENGTHEN BILL 125 WITH STANDING COMMITTEE ON FINANCE AND
ECONOMIC AFFAIRS

The following is the text of the amendments which the Liberal Party has tabled
with the Standing Committee on Finance and Economic Affairs for Bill 125 (about
25 pages).

These will be considered tomorrow by the Committee. These amendments would,
among other things, make barrier removal and prevention mandatory, extend
the bill to the private sector, implement an enforcement process, provide the
disability community with input into the regulations and standards made, improve
the definitions of "barrier" and "disability" (among other things), and strengthen the
role of the municipal and provincial disability advisory committees.

We will forward to you any amendments that the Conservative Party and NDP each
propose as soon as we receive them.

*****

Amendments being submitted by the Liberal Party for Clause-by-Clause Hearings
on Bill 125. (Please confirm receipt of this submission prior to the Monday,
December 10, 2001 deadline.)

Liberal Motions

Bill 125

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

MOTIONS TO BE MOVED IN COMMITTEE

Section 1

I MOVE that section 1 of the Bill be struck out and the following
substituted:

Purpose
1. The purposes of this Act are,

(a) to achieve a barrier-free Ontario for persons with disabilities
through the identification and removal of existing barriers and the prevention
of new barriers that limit persons with disabilities from fully participating
in all aspects of life in Ontario; and

(b) to ensure that persons with disabilities play a central role in the
mechanisms established to achieve the goal described in clause (a).
Subsection 2 (1), definition of "barrier"

I MOVE that the definition of "barrier" in subsection 2 (1) of the Bill be
struck out and the following substituted:

"barrier" means anything that prevents a person with a disability from fully
participating in all aspects of society because of his or her disability,
including a physical barrier, an architectural barrier, an information or
communications barrier, an attitudinal barrier, a technological barrier, a
policy or a practice; ("...")

Subsection 2 (1) of the Bill, definition of "disability"

I MOVE that clauses (a) and (b) of the definition of "disability" in
subsection 2 (1) of the Bill be struck out and the following substituted:

(a) any degree of physical disability, infirmity, malformation or
disfigurement and, without limiting the generality of the foregoing, includes
diabetes mellitus, epilepsy, any degree of paralysis, amputation, lack of
physical co-ordination, blindness or visual impediment, deafness or hearing
impediment, muteness or speech impediment, chemical or environmental
sensitivities, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device or a brain injury,

(b) an intellectual disability,

Subsection 2 (1), definition of "Ontario Government publication"

I MOVE that the definition of "Ontario Government publication" in
subsection 2 (1) of the Bill be struck out and the following substituted:

"Ontario Government publication" means a publication or an appendix to a
publication in any form, including print and electronic forms, that the
Government of Ontario, an officer of the Assembly or an officer of the
Legislature issues or a publication that is created by any organization with
funds provided by the Government of Ontario; ("...")

Subsection 2 (1), definition of "organization"

I MOVE that subsection 2 (1) of the Bill be amended by adding the
following definition:

"organization" means any person, entity, or class or persons or entity carrying
out a business, enterprise or other activity that offers goods, facilities or
services, and without limiting the generality of the foregoing, includes,

(a) every district school board as defined in section 1 of the Education
Act and every board established under section 68 of that Act,

(b) every hospital as defined in the Public Hospitals Act and every
private hospital operated under the authority of a licence issued under the
Private Hospitals Act,
(c) a board of governors of a college of applied arts and technology, and

(d) every university in Ontario, and its affiliated and federated
colleges.

Subsection 2 (1), definition of "Scheduled organization"

I MOVE that the definition of "Scheduled organization" in subsection 2 (1)
of the Bill be struck out.

Subsection 2 (2)

I MOVE that subsection 2 (2) of the Bill be amended by adding at the end
"including consultants, agents or contractors or any other person doing work
with or for the Government of Ontario".

Section 3

I MOVE that section 3 of the Bill be struck out and the following
substituted:

Recognition of existing legal obligations

3. Nothing in this Act, the regulations or the standards or guidelines
made under this Act diminishes in any way the legal obligations of the
Government of Ontario or any person or organization with respect to persons
with disabilities.

Subsections 4 (1) to (4)

I MOVE that subsections 4 (1) to (4) of the Bill be struck out and the
following substituted:

Government buildings, structures and premises

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

Implementation of standards

(2) Within six months after the Government of Ontario develops the
standards and in consultation with persons with disabilities and others, the
shall make regulations that require the Government to comply with the standards
within the time period specified in the regulations.

Deadline

(3) In establishing the time period for compliance, the Lieutenant
Governor in Council shall take into account the cost of complying with the
standards, the use of the building, structure or premises affected, its
projected future occupancy and other factors that the Lieutenant Governor in
Council considers relevant, having regard to the purposes of this Act.

Duty to comply

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

Display of certification

(4.1) The Government of Ontario shall display a copy of the certification
mentioned in subsection (4) for a building, structure or premises publicly at
the location of the building, structure or premises and make the certification
available for inspection by the public on request.

Re-certification

(4.2) The Government of Ontario shall renew a certification mentioned in
subsection (4) at the times specified by the regulations.

Subsection 4 (6)

I MOVE that subsection 4 (6) of the Bill be struck out.

Section 5

I MOVE that section 5 of the Bill be struck out and the following
substituted:

Government goods and services

5. (1) The Government of Ontario shall not purchase goods or services for
the use of itself, its employees or the public that create or maintain barriers
for persons with disabilities or that contravene the standards specified in the
regulations made under subsection (3) unless it is not possible to do so
because the goods or services are not available in a form that complies with
this subsection and otherwise cannot reasonably be obtained in such form if so
requested or ordered.

If goods or services not available

(2) If the goods or services cannot be obtained in a form that complies
with subsection (1), the Government of Ontario shall ensure that the benefits
of the goods and services are available to persons with disabilities at no
extra cost or effort to persons with disabilities.

Standards

(3) In consultation with persons with disabilities and others including
through the Barrier-Free Directorate of Ontario, the Lieutenant Governor may
make regulations specifying the standards mentioned in subsection (1) for goods
and services which promote the purposes of this Act.

Section 6

I MOVE that section 6 of the Bill be struck out and the following
substituted:

Government internet sites

6. The Government of Ontario shall ensure that its internet sites and the
content provided on those sites are barrier-free for users with disabilities.

Section 7

I MOVE that section 7 of the Bill be struck out and the following
substituted:

Government publications

7. (1) Ontario Government publications shall be barrier-free in both
format and content and shall be available to the public in the formats
specified by the regulations made under subsection (2).

Regulations

(2) Within six months after subsection (1) comes into force, the
Lieutenant Governor in Council shall make regulations specifying the formats
mentioned in that subsection.

Other accessible formats

(3) Upon receiving a request by or on behalf of a person with disabilities
for an Ontario Government publication in a format required by subsection (1),
the Government shall make the publication available to the person in that
format within a reasonable time that is not later than three working days after
the Government receives the request.

Electronic form

(4) Despite subsection (3), upon receiving a request by or on behalf of a
person with a disability for an Ontario Government publication that exists in
an electronic form, the Government shall make the publication available to the
person forthwith in an electronic form that is accessible.

Section 8

I MOVE that subsection 8 of the Bill be struck out and the following
substituted:

Government employees

8. (1) The Government of Ontario shall create and maintain a barrier-free
employment environment for its employees and persons who apply for a position
as a government employee.

Barrier-free employment environment

(2) The barrier-free employment environment shall include all aspects of
employment, including recruitment, hiring, training, promotion and
employment-related interaction.

Responsibility in Ministries

(3) The Minister and Deputy Minister of each ministry are responsible for
ensuring the Government of Ontario meets the obligation described in subsection
(1) within their ministry and for ensuring that all employees responsible for
implementing the obligation in their ministry receive ongoing training in
fulfilling these obligations.

Time for training

(4) The employees responsible for implementing the obligations provided
for in this section in their ministry shall receive the initial training under
subsection (3),

(a) within one year after this section comes into force, if they are
deputy ministers or assistant deputy ministers;

(b) within two years after this section comes into force, if they are not
deputy ministers or assistant deputy ministers.

Information

(5) The Government of Ontario shall inform its employees of,

(a) the rights of persons with disabilities and the obligations of the
Government under this section;

(b) the steps that the Government is taking to meet its obligations under
this section; and

(c) the process for employees to obtain the accommodation in employment
that the Government is required to provide under this section and under the
Ontario Human Rights Code.

Accommodation

(6) The Government of Ontario shall accommodate the accessibility needs of
its employees and applicants for positions of its employees in a timely manner
and in accordance with the Human Rights Code and shall designate a person or
persons in each ministry who is or are responsible for ensuring that the
ministry provides the accommodation upon the request of an applicant.

No disclosure

(7) Each designated person shall not disclose to any person any
information that he or she receives about a person's disability except with the
consent of the persons with the disability or for audit purposes.

Refusal to accommodate

(8) If the Government of Ontario decides not to accommodate a request for
accommodation, the Deputy Minister of the ministry involved shall approve the
decision in writing and the designated person for the ministry shall advise the
applicant in writing of the reasons for the decision.

Appeal

(9) The applicant may appeal the decision to the Barrier-Free Directorate
of Ontario by filing a notice in writing with the Directorate within the time
period specified in the regulations.

Decision of Directorate

(10) The Directorate shall consider the appeal in accordance with the duty
of fairness and shall render a decision with written reasons within 30 days of
receiving the notice of appeal.

Reimbursement of eligible expenses

(11) The Management Board Secretariat shall, out of the money appropriated
annually to it for this purpose, authorize prompt reimbursement to a ministry
for eligible expenses that the ministry has incurred in fulfilling the
ministry's obligations under this section.

Amount of appropriation

(12) The Government of Ontario shall take all steps within its control to
ensure that the amount appropriated annually for the purpose of subsection (11)
is not less than the amount appropriated for the purpose in the fiscal year in
which this Act comes into force.

Amount of reimbursement

(13) The reimbursement shall be sufficient to meet the full range of the
Government of Ontario's obligations to accommodate under this section, shall be
in the amount that the Management Board Secretariat determines and be made in
accordance with the standards established by the Management Board Secretariat,
in consultation conducted through the Barrier-Free Directorate of Ontario with
employees with disabilities of the Government.

Same

(14) The standards shall require reimbursement in an amount that is
sufficient to cover the obligations of the Government of Ontario with respect
to all persons with disabilities, whatever their type.

Request for reimbursement

(15) Within 14 days of receiving a request from a ministry for
reimbursement under subsection (11), the Management Board Secretariat shall
make a decision on the request and give notice in writing of the decision to
the ministry, stating the detailed reasons for not granting the request in
full, if that is the case.

Appeal

(16) The ministry whose request is refused in whole or in part may appeal
the decision to the Barrier-Free Directorate of Ontario by filing a notice in
writing with the Directorate within the time period specified in the
regulations and the directorate shall hold a hearing on the appeal and render
any decision that the Management Board Secretariat could have rendered, with
reasons to be given in writing.

Section 9

I MOVE that section 9 of the Bill be struck out and the following
substituted:

Government-funded capital programs

9. (1) Capital funding for projects under a government-funded capital
program shall be made available only if there is a barrier-free plan
incorporated into the project that meets the standards specified in the
regulations made under subsection (2).

Regulations

(2) Within six months after subsection (1) comes into force, the
Lieutenant Governor in Council shall make regulations specifying the standards
mentioned in that subsection, which shall include a barrier-free plan for the
benefit of all persons with disabilities.

Section 10

I MOVE that section 10 of the Bill be struck out and the following
substituted:

Ministry barrier-free plans

10. (1) Each ministry has the duty to ensure that the funding, services,
programs, practices, legislation and regulations it administers and that its
workplace are free of barriers through the development and implementation of
barrier-free plans to identify, remove and prevent barriers within the time
period specified in regulations that the Lieutenant Governor in Council shall
make, in consultation with persons with disabilities and others, within six
months after this section comes into force.

Contents of plan

(2) A barrier-free plan shall include,

(a) the comprehensive 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, as
well as the ministry's workplace;

(b) specific action steps and time lines for performing the duties set
out in clause (a) and, except if it is not practical, a statement of who is
responsible within the ministry for those duties;

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

(d) a statement whether the ministry has met its obligations set out in
the plan for the year in which the plan is developed and, if not, the
particulars of and reasons for non-compliance;

(e) a description of the measures in place to ensure that the ministry
assesses its proposals for Acts, regulations, policies, programs, practices and
services to determine their impact on removing and preventing barriers against
persons with disabilities and a statement of who is responsible for the
measures;

(f) a report on the Acts, regulations, policies, programs, practices and
services reviewed during the year in which the plan is developed, the
recommendations made to ensure that they are barrier-free, and whether the
recommendations were adopted;

(g) a list of the Acts, regulations, policies, programs, practices and
services that the ministry will review in the year after the year in which the
plan is developed to identify barriers to persons with disabilities and a
statement of who is responsible for the review;

(h) a description of the specific measures that the ministry intends to
take in the year after the year in which the plan is developed to identify,
remove and prevent barriers to persons with disabilities; and

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

Process for developing plan

(3) In developing and implementing its barrier-free plan, a ministry shall
consult with the Barrier-Free Council of Ontario, the Barrier-Free Disability
Directorate of Ontario and with persons with disabilities who may be affected
by the plan.

Availability to the public

(4) A ministry shall make its barrier-free plan available to the public in
an accessible format within 10 days of the plan receiving the signatures of the
ministry's minister and deputy minister.

Enforcement of plan

(5) The Ontario Human Rights Commission shall review all barrier-free
plans for which it has reasonable grounds to believe that a ministry has not
complied with the plan and in conducting the review the Commission has all of
the investigation powers that it has for investigating a complaint under the
Human Rights Code.

Section 11

I MOVE that section 11 of the Bill be struck out and the following
substituted:

Municipal barrier-free plan

11. (1) Each year, the council of every municipality shall prepare and
implement a barrier-free plan.

Contents

(2) The barrier-free plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities in the
municipality's by-laws and in its policies, programs, practices and services as
well as the municipality's workplaces.

Application of other subsections

(3) Subsections 10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of a municipality as if it were a barrier-free plan of a
ministry and all references to the Acts or regulations administered by the
ministry shall be read as references to the by-laws of the municipality and all
references to the Barrier Free Council of Ontario shall be read as references
to the barrier-free advisory committee of the municipality.

Subsection 12 (1)

I MOVE that subsection 12 (1) of the Bill be struck out and the following
substituted:

Barrier-free advisory committee

(1) Each year, the council of every municipality shall,

(a) establish or continue a barrier-free advisory committee, of which a
majority of the members are persons with disabilities; or

(b) if the municipality has a population of less than 10,000, either
establish or maintain a barrier free advisory committee or hold public
consultations on its barrier-free plans with persons in the municipality,
including persons with disabilities.

Duties of committee

(1.1) The committee shall review drafts of the municipality's barrier-free
plans, advise the council on changes that should be made to the draft plan in
accordance with the purposes of this Act, advise the council about the
implementation of the plan, monitor the effectiveness of the plans and advise
the municipality on barriers facing persons with disabilities within the
territory of the municipality and on the means by which the municipality could
address the barriers.

Clauses 12 (2) (a) and (b)

I MOVE that clauses 12 (2) (a) and (b) of the Bill be struck out and the
following substituted:

(a) that the council owns, purchases, constructs or leases;

(b) that the council occupies, whether as owner or lessee; or

Subsections 12 (4) to (7)

I MOVE that section 12 of the Bill be amended by adding the following
subsections:

Reports

(4) Each committee shall prepare annual reports to the council of the
municipality recommending changes to the barrier-free plan and reporting on the
discharge of its duties.

Recommendations

(5) If a barrier-free advisory committee makes recommendations to the
council of a municipality, the council shall respond to the recommendations
within 14 days and, if it rejects the recommendations, provide written reasons
for doing so.

Availability to the public

(6) The council shall make the committee's reports and recommendations and
the council's response available to the public.

Compensation

(7) The council of a municipality shall pay reasonable compensation and
reasonable reimbursement for expenses to the members of its barrier-free
advisory committee.

Section 13

I MOVE that section 13 of the Bill be struck out and the following
substituted:

Municipal goods and services

13. (1) The council of every municipality shall not purchase goods or
services for the use of itself, its employees or the public that create or
maintain barriers for persons with disabilities or that contravene the
standards specified in the regulations made under subsection (3) unless it is
not possible to do so because the goods or services are not available in a form
that complies with this subsection and otherwise cannot reasonably be obtained
in such form if so requested or ordered.

If goods or services not available

Standards

(3) In consultation with persons with disabilities and others through the
Barrier-Free Directorate of Ontario, the Lieutenant Governor may make
regulations specifying the standards mentioned in subsection (1) for goods and
services.

Section 14

I MOVE that section 14 of the Bill be struck out and the following
substituted:

Public transportation organizations

14. (1) Each year, every public transportation organization shall prepare
a barrier-free plan.

Contents

(2) The barrier-free plan shall include the comprehensive 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 as well as the
organization's workplaces.

Application of other subsections

(3) Subsections 10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of a public transportation organization as if it were a
barrier-free plan of a ministry and all references to the Acts or regulations
administered by the ministry shall be read as references to the by-laws, if
any, of the organization.

Section 15

I MOVE that section 15 of the Bill be struck out and the following
substituted:

Other organizations

15. (1) Each year, every organization that is not a ministry, a
municipality, a public transportation organization or an agency shall prepare
and implement a barrier-free plan based on the requirements for its class of
organization as specified in the regulations that the Lieutenant Governor shall
make within one year after this subsection comes into force.

Contents

Application of other subsections

Section 16

I MOVE that section 16 of the Bill be struck out and the following
substituted:

Agencies

16. (1) Each year, every agency shall prepare and implement a
barrier-free plan.

Contents

(2) The barrier-free plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities with respect to
services and facilities that the agency provides, the policies, programs and
practices of the agency and the agency's workplaces.

Application of other subsections

(3) Subsections 10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of an agency as if it were a barrier-free plan of a ministry
and all references to the Acts or regulations administered by the ministry
shall be read as references to the policies of the agency.

Joint barrier-free plans

(4) Two or more agencies that are each required to prepare a barrier-free
plan may prepare a joint barrier-free plan.

No individual plans

(5) Agencies that prepare a joint barrier-free plan are not each required
under this Act to prepare an individual barrier-free plan if the joint plan
meets the requirements of this section for the individual plan.

Section 17

I MOVE that section 17 of the Bill be struck out and the following
substituted:

Joint accessibility plans

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

No individual plans

(2) Ministries, municipalities, organizations specified by a regulation
made under clause 22 (1) (g) and public transportation organizations that
prepare a joint barrier-free plan and make it available to the public are not
each required under this Act to prepare an individual barrier-free plan and to
make it available to the public if the joint plan meets the requirements of
this Act for the individual plan.

INFORMATION FOR COMMITTEE

Section 18

recommends voting against this section.

Subsection 19 (1)

I MOVE that subsection 19 (1) of the Bill be struck out and the following
substituted:

Barrier-Free Council of Ontario

(1) The Minister shall establish a committee of 12 persons to be known in
English as the Barrier-Free Council of Ontario and in French as Conseil sur
l'absence d'obstacles pour l'Ontario.

Term of membership

(1.1) Each member of the Council holds office for a term of two years,
except the first term may be for one, two or three years.

Re-appointment

(1.2) A member of the Council may be re-appointed for a maximum of three
consecutive terms.

Nominations

(1.3) The minister shall publicly invite the public to nominate persons to be
appointed to the Council and shall only appoint persons from among those
nominated.
Public comment on appointments

(1.4) Before appointing any member to the Council, the Minister shall make
the names of nominees public and allow the public, including persons with
disabilities, an opportunity to comment on the appointment, and the minister
shall take into a account the public comment on the nominees in deciding on who
to appoint to the Council.

Subsections 19 (2.1) and (2.2)

I MOVE that section 19 of the Bill be amended by adding the following
subsections:

Same
(2.1) As far as practical, the Minister shall ensure that,

(a) the members of the Council with disabilities reflect the full range
of disabilities; and

(b) the members of the Council reflect the different regions of Ontario
and the different gender, ethnicity and First Nations in Ontario.

Chair and vice-chair

(2.2) The members of the Council may select members to serve as chair and
vice-chair of the Council.

Subsection 19 (3)

I MOVE that subsection 19 (3) of the Bill be amended by striking out "may"
and substituting "shall".

Subsection 19 (4)

I MOVE that subsection 19 (4) of the Bill be struck out and the following
substituted:

Duties

(4) The Council shall,

(a) provide for and facilitate the participation of persons with
disabilities in the development and implementation of policies and programs of
the Government of Ontario relating to or affecting persons with disabilities;

(b) establish a central mechanism to ensure that the concerns and needs
of persons with disabilities respecting policy and program development and
delivery are conveyed to the appropriate ministries and offices of the
Government of Ontario;

(c) ensure that the Government of Ontario will promote and consider
concerns and needs of persons with disabilities, especially in matters of
policy and where the concerns affect several ministries or offices of the
Government;

(d) facilitate consultation with persons with disabilities around Ontario
on the development of standards and regulations under this and any other
legislation, regulations, policies and programs that affect the rights,
obligations or interests of persons with disabilities; and

(e) evaluate the effectiveness of this Act, the regulations and the
standards developed under this Act and make recommendations to the Minister for
new or amended legislation, regulations, standards, programs and policies.

Powers

(4.1) The Council may,

(a) consult with persons with disabilities and others, including those
with relevant expertise, on the implementation of this Act;

(b) recommend to the Minister or the Ontario Human Rights Commission
that, where there are problems in the implementation of or compliance with this
Act, the regulations or the standards or guidelines made pursuant to this Act,
steps to enforce this Act be taken and request a report on the actions so
taken;

(c) undertake research about the barriers facing persons with
disabilities in Ontario and on strategies in Ontario and elsewhere to address
the barriers;

(d) provide programs of public information related to this Act;

(e) consult with persons with disabilities and others, including those
with expertise, and make recommendations to the Minister with respect to the
accessibility for and full enjoyment by persons with disabilities to services,
goods and facilities provided or funded by the Government of Ontario;

(f) consult with persons with disabilities and others, including those
with relevant expertise, and make recommendations to the Minister with respect
to actions that should be taken to improve the access for persons with
disabilities to employment opportunities in Ontario;

(g) recommend the development or enactment of new standards or
regulations to improve the effectiveness of this Act;

(h) contract with any person to assist it in carrying out its duties;

(i) respond to specific requests from the Minister.

Subsections 19 (6) and (7)

I MOVE that section 19 of the Bill be amended by adding the following
subsections:

Not confidential advice

(6) For the purposes of the Freedom of Information and Protection of
Privacy Act, the reports described in subsection (5) are not advice that a head
as defined in that Act may refuse to disclose.

Tabling

(7) The Minister shall lay the annual report before the Assembly if it is
in session or deposit it with the Clerk of the Assembly if the Assembly is not
in session.

Section 20

I MOVE that section 20 of the Bill be struck out and the following
substituted:

Barrier-Free Directorate of Ontario

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

Duties

(2) The Directorate's duties include:

(a) to prmote the identification, removal and prevention of barriers
against persons with disabilities and to ensure that people with disabilities
in Ontario are able to participate fully in all aspects of life in Ontario by,

(i) improving people's understanding and knowledge of disability issues,

(ii) providing expert counsel and consultation to ministries of the
Government of Ontario in the development of integrated, coordinated public
policies, programs and services for persons with disabilities, their families,
support structures and organizations that represent persons with disabilities
and other persons,

(iii) working with ministries and offices of the Government of Ontario and
the disability community to provide expertise and to identify and resolve
issues of concern,

(iv) acting as a vehicle for collaboration and partnership with the
disability community,

(v) providing leadership, coordination, research, policy development,
education, communication, consultation and negotiation, and

(vi) participating on behalf of Ontario at federal and interprovincial
meetings;

(b) support the Barrier-Free Council of Ontario;

(d) consult with ministries, municipalities, organizations or any person
or entity that prepares a barrier-free plan to assist in the preparation,
implementation and monitoring of the plan;

(e) consult with the persons and organizations including organizations
that the Minister directs to develop and make recommendations to the Minister
and others on standards, guidelines and regulations related to the
subject-matter of this Act;

(f) examine and review Acts, regulations, and programs or policies
established by Acts or regulations and make recommendations to the Barrier-Free
Council of Ontario and the Minister for amending them or adopting, making or
establishing new Acts, regulations, programs or policies to promote the
purposes of this Act; and

(g) carry out all other duties related to the subject-matter of this Act.

Sections 20.1 to 20.3

I MOVE that the Bill be amended by adding the following sections:

Government obligations

20.1 (1) This Act binds the Crown.

Deadline for compliance

(2) Despite anything in this Act or the regulations, the Government of Ontario
shall comply with its barrier-free obligations described in this Act within
five years after subsection (1) comes into force for the purposes of the
Ontario Government becoming barrier-free for persons with disabilities within
that period of five years.

Enforcement

20.2 (1) The Ontario Human Rights Commission and the Ontario Human Rights
board of inquiry have jurisdiction with respect to compliance with this Act and
enforcement under this Act and for that purpose have the necessary authority
and jurisdiction under the Human Rights Code.

Funding request

(2) Within three months after subsection (1) comes into force, the Minister of
Finance shall introduce in the Assembly a bill that provides for the additional
funding that the Ontario Human Rights Commission requires to fulfill adequately
its responsibilities under subsection (1).

Conflict

20.3 This Act prevails in the event of a conflict between it and any other
Act or a regulation, by-law or any policy which guarantees lesser rights to
persons with disabilities.

Subsection 21 (1)

I MOVE that subsection 21 (1) of the Bill be amended by striking out "five
years" and substituting "three years."

Subsections 21 (1.1) and (1.2)

I MOVE that section 21 of the Bill be amended by adding the following
subsections:

Purpose

(1.1) The review shall determine whether,

(a) this Act has been successful in achieving a barrier-free society;

(b) changes are necessary to improve the effectiveness of this Act; and

Consultation

(1.2) In conducting the review, the Executive Council shall consult with
persons with disabilities and other interested persons stakeholders on the
matters described in subsection (1.1).

Subsection 21 (3)

I MOVE that section 21 of the Bill be amended by adding the following
subsection:

Report to public

(3) The Executive Council shall make a report to the public on the results of
the review no later than one month after the review is completed.

Subsection 22 (1)

I MOVE that subsection 22 (1) be amended by adding at the beginning "Subject
to subsection (1.1)."

Clause 22 (1) (b)

I MOVE that clause 22 (1) (b) of the Bill be struck out.

Clause 22 (1) (f)

I MOVE that clause 22 (1) (f) of the Bill be struck out and the following
substituted:

(f) governing the preparation and contents of barrier-free plans under this
Act;

Clause 22 (1) (h)

I MOVE that clause 22 (1) (h) of the Bill be amended by adding at the
beginning "subject to subsection (2.1)."

Clause 22 (1) (i)

I MOVE that clause 22 (1) (i) of the Bill be amended by adding at the
beginning "upon approval of the Minister and after consulting with the
Barrier-Free Council of Ontario and making written reasons available to the
public,."

Clause 22 (1) (i.1)

I MOVE that subsection 22 (1) of the Bill be amended by adding the following
clause:

(i.1) subject to subsection (2.2), designating ministers and ministries that
are responsible for having the Government of Ontario fulfil its obligations
described in this Act;

Clause 22 (1) (j)

I MOVE that clause 22 (1) (j) of the Bill be amended by adding at the end
"including creating mechanisms for enforcing the obligations described in this
Act and remedies for non-compliance with the obligations."

Subsections 22 (1.1) and (1.2)

I MOVE that section 22 of the Bill be amended by adding the following
subsections:

Opportunity for comments

(1.1) The Lieutenant Governor in Council shall not make a regulation under
subsection (1) until it has,

(a) published a draft of it in The Ontario Gazette at least 90 days before
making the regulation;

(b) allowed interested persons a reasonable opportunity to comment on the
draft;

(c) held a public hearing to allow interested persons an opportunity to
comment on the draft, if the Barrier-Free Council so requests in writing;

(d) made a report to the public, after the period for comments under clause
(b) or (c), that summarizes the comments and indicates whether the Government
of Ontario accepts or rejects the recommendations for changes made during the
period for comments.

Restrictions on regulations

(1.2) The Lieutenant Governor in Council shall not make any regulation under
subsection (1) that has the effect of creating a barrier to persons with
disabilities, preventing or delaying the identification and removal of a
barrier in any sector or that conflicts with the purposes of this Act.

Subsections 22 (2.1) and (2.2)

I MOVE that section 22 of the Bill be amended by adding the following
subsections:

Deadline for certain regulations

(2.1) Within six months after subsection (1) comes into force, the Lieutenant
Governor in Council shall make certain regulations under clause (1) (h) so that
there is a time period for compliance for all the obligations described in this
Act.

Same

(2.2) Within three months after subsection (1) comes into force, the Lieutenant
Governor in Council shall make certain regulations under clause (1) (i.1) so
that ministers and ministries are designated as responsible for having the
Government of Ontario fulfill its obligations described in this Act.

(2.3) Where this Act specifies a deadline for the making of regulations, the
Lieutenant Governor in Council may amend those regulations after the deadline
specified but only after complying with the provisions of this Act regarding
consultation on proposed regulations, and only if the amendment to the
regulations would better serve the purposes of this Act than do the regulations
which were made within the required deadline.

Subsection 23 (2) of the Bill, (section 55.1 of the Election Act)

I MOVE that section 55.1 of the Election Act, as set out in subsection 23 (2)
of the Bill, be amended by adding the following subsections:

Accessibility obligations

(0.1) Despite anything in section 34, all ballots shall be in a form that
enables electors with disabilities, wherever possible, to mark the ballots by
themselves and in private.

Polling places

(0.2) Despite anything in section 13, the returning officer shall ensure that
no polling place is located in a location that is not accessible to electors
with disabilities unless satisfied that is impossible to locate the polling
place in the polling division within eight kilometres of the location that the
returning officer would have chosen, if it were not for this subsection.

Same

(0.3) Every returning officer for an electoral district shall ensure that all
polling places in the electoral district provide American Sign language
interpretation or other similar accommodation where needed for electors who are
deaf, deafened or hard of hearing, to enable them to vote at no charge to the
voter who requires such accommodation.

Subsection 26 (3) of the Bill, (subsection 10 (1) of the Human Rights Code)

I MOVE that clauses (a) and (b) of the definition of "disability" in
subsection 10 (1) of the Human Rights Code, as set out in subsection 26 (3) of
the Bill, be struck out and the following substituted:

(b) an intellectual disability,

Section 27 of the Bill, (section 103.1 of the Legislative Assembly Act)

I MOVE that section 103.1 of the Legislative Assembly Act, as set out in
section 27 of the Bill, be struck out and the following substituted:

Barrier-free plan

103.1 (1) Each year, the Speaker shall prepare and implement a barrier-free
plan.

Contents

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

Same

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

(a) the comprehensive identification, removal and prevention of barriers to
persons with disabilities;

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

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

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

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

Process for developing plan

(4) In developing and implementing the barrier-free plan, the Speaker shall
consult with the Barrier-Free Council of Ontario, the Barrier-Free Disability
Directorate of Ontario and with persons with disabilities who may be affected
by the plan.

Availability to the public

(5) The Speaker shall make his or her barrier-free plan available to the
public in an accessible format within 10 days of the plan receiving the
signature of the Speaker.

Enforcement of plan

(6) The Ontario Human Rights Commission shall review the barrier-free plan if
it has reasonable grounds to believe that the Speaker has not complied with the
plan and in conducting the review the Commission has all of the investigation
powers that it has for investigating a complaint under the Human Rights Code.

Barrier-free deadline

(7) Despite anything in this section, the Speaker shall ensure that the
Legislative Chamber and the other parts of the Legislative Building that are
under the Speaker's control are barrier-free within five years after subsection
(1) comes into force.

Definition

(8) In this section,

"barrier" has the same meaning as in the Ontarians with Disabilities Act, 2001.

Subsection 28 (1), (section 257.2 of the Municipal Act)

I MOVE that subsection 28 (1) of the Bill be struck out and the following
substituted:

Municipal Act

(1) Section 257.2 of the Municipal Act, as enacted by the Statutes of
Ontario, 1996, chapter 1, Schedule M, section 22, is amended by adding the
following subsection:

Barrier-free requirement

(1.1) A by-law passed under subsection (1) that licenses, regulates and
governs a business carried on within the municipality shall require that the
premises of the business become barrier-free for persons with disabilities
within the time period specified in the by-law and in accordance with the
barrier-free plan that the owner of the premises is required to implement under
section 15 of the Ontarians with Disabilities Act, 2001.

Subsection 29 (1) of the Bill, (subsection 45 (2) of the
Municipal Elections Act, 1996)

I MOVE that subsection 45 (2) of the Municipal Elections Act, 1996, as set out
in subsection 29 (1) of the Bill, be struck out and the following substituted:

Special needs

(2) In choosing a location for a voting place, the clerk shall ensure that,

(a) despite anything in section 41, all ballots shall be in a form that
enables electors with disabilities, wherever possible, to mark the ballots by
themselves and in private;

(b) the voting place is accessible to electors with disabilities unless the
clerk is satisfied that is impossible to locate the voting place within eight
kilometres of the location that the clerk would have chosen, if it were not for
this subsection; and

(c) the voting place provides American Sign language interpretation or other
similar accommodation where needed for electors who are deaf, deafened or hard
of hearing, to enable them to vote at no charge to the voter requiring this
accommodation.

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