| The following
is the explanatory note which the Government released along with its new
ODA bill. It is wise to read the bill itself,
rather than relying on the explanatory note.
Proposed
Ontarians with Disabilities Act, 2001
EXPLANATORY
NOTE
The Bill imposes a
number of obligations, with respect to improving
access for persons with disabilities, on the Government of Ontario
and other organizations. The obligations include the following:
1. In consultation
with persons with disabilities and others, the
Government is required to develop barrier-free design guidelines
for buildings, structures and premises and to ensure that any
buildings, structures or premises that it purchases, constructs or
significantly renovates after the Bill comes into force comply with
those guidelines. When entering into a lease for a building,
structure or premises, or part of a building, structure or
premises, for the occupation or regular use by its employees after
the Bill comes into force, the Government is also required to have
regard to the extent to which the design of the leased premises
complies with the guidelines.
2. In deciding to
purchase goods or services through the
procurement process for the use of itself, its employees or the
public, the Government is required to have regard to their
accessibility for persons with disabilities.
3. Where technically
feasible, the Government is required to
provide its internet sites in a format that is accessible to
persons with disabilities.
4. Upon receiving
a request by a person with disabilities, and
where technically feasible, the Government is required to make an
Ontario Government publication available in a format that is
accessible to the person.
5. The Government
is required to accommodate the accessibility
needs of its employees and applicants for positions as government
employees who are invited to participate in the selection process.
The Government is required to ensure that its employees with
managerial or supervisory functions receive training with respect
to its obligations and also to inform its employees of the rights
and obligations that they and the Government have in the area.
6. The Government
may include requirements with respect to
accessibility to persons with disabilities as part of the
eligibility criteria for certain projects or classes of projects to
receive funding under a government-funded capital program.
7. Each ministry is
required to prepare an annual accessibility
plan that addresses 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. The ministries must make their
accessibility plans available to the public. The Lieutenant
Governor in Council may, by regulation, include other organizations
in the definition of "ministry".
8. Municipalities
having a population of not less than 10,000 are
required to have an accessibility plan that addresses the
identification, removal and prevention of barriers to persons with
disabilities in their by-laws, policies, programs, practices and
services. They must make their accessibility plans available to the
public. They must also have an accessibility advisory committee to
advise on the implementation and effectiveness of the plans. The
Lieutenant Governor in Council may, by regulation, extend any of
the requirements described in this paragraph to other organizations
specified by the regulation.
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 is required to have
regard to their accessibility for persons with disabilities.
10. Organizations
that provide public transportation are required
to have an accessibility plan that addresses the identification,
removal and prevention of barriers to persons with disabilities in
their by-laws, policies, programs, practices and services. They
must make their accessibility plans available to the public.
11. The Schedule to
the Bill lists organizations such as district
school boards, hospitals, colleges of applied arts and technology
and universities. The Lieutenant Governor in Council may, by
regulation, name other organizations or classes of organizations to
the Schedule or delete them from the Schedule. Every organization
listed in the Schedule is required to prepare an annual
accessibility plan that addresses the identification, removal and
prevention of barriers to persons with disabilities in the
organization's by-laws, policies, programs, practices and services.
The organizations must make their accessibility plans available to
the public.
12. Every agency listed
in the regulations is required to have an
accessibility policy that addresses the provision of services to
persons with disabilities in its policies, programs and practices.
13. The Minister responsible
for the administration of the Bill is
required to establish the Accessibility Advisory Council of Ontario
to advise on issues related to the subject-matter of the Bill and
the Accessibility Directorate of Ontario under the Minister's
direction.
The Bill amends other
Acts as follows:
1. The Bill amends
the Election Act to require every returning
officer for an electoral district to report to the Chief Electoral
Officer on the measures taken to provide accessibility for electors
with disabilities in the district. The Chief Election Officer must
make the report available to the public.
2. The definition
of "campaign expense" in the Election Finances
Act is amended to exclude expenses that a candidate with
disabilities incurs and that are directly related to the
disabilities.
3. The Bill amends
the Highway Traffic Act to increase the penalty
for various offences related to the use of disabled person parking
permits. The penalty in the current Act is not less than $60 and
not more than $500. Under the amendment, the penalty is not less
than $300 and not more than $5,000.
4. References to "handicap"
in the Human Rights Code are replaced
with "disability".
5. The Bill amends
the Legislative Assembly Act to require the
Speaker to prepare an annual accessibility plan that addresses 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.
The Speaker must make the accessibility plan available to the
public.
6. The Bill amends
the Municipal Act to allow municipalities to
require, as a condition for licensing a business, that the business
premises be accessible to persons with disabilities. By-laws made
with respect to the use of disabled person parking permits and the
provision of parking spaces for vehicles displaying disabled person
parking permits must provide that contravention of the by-laws is
an offence punishable by a minimum fine of $300. The owner of a
vehicle left parked, standing or stopped in violation of the by-
laws is also guilty of the offence, whether or not the owner was
the driver of the vehicle at the time.
7. The references
to electors with impaired mobility under section
45 of the Municipal Elections Act are expanded to cover electors
with disabilities.
8. The Bill amends
the Planning Act to add accessibility for
persons with disabilities to the matters of provincial interest
that the council of a municipality, a local board, a planning board
and the Ontario Municipal Board must have regard to in carrying out
their responsibilities under the Act. The Bill also adds
accessibility for persons with disabilities to the matters that
approval authorities must have regard to in considering a draft
plan of subdivision.
9. Service managers
that construct or alter housing projects under
subsection 5 (1) of the Social Housing Reform Act, 2000 or that
deal with programs under subsection 5 (2) of the Act shall ensure
that the housing project or program contains the number or
percentage specified by the regulations of modified units and units
that comply with the criteria and requirements specified by the
regulations for accessibility for persons with disabilities.
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