ODA Committee Update
dated May 13, 2004
posted August 3, 2004

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE Citizenship Minister Releases Summary Of Important ODA Round-Table Discussion On Extending ODA To The Private Sector May 13, 2004 SUMMARY Ontario's Citizenship Minister, Dr. Marie Bountrogianni, has released a summary of an important round-table consultation session she held earlier this year, on the issue of extending the ODA to the private sector. See a copy of her letter to the ODA Committee on this, and the enclosed summary, below. Please note that the ODA Committee's email update service is going off-line until early in June. While we always welcome your feedback, your emails won't be read until then. MORE DETAILS The weak, unenforceable ODA which the previous Conservative Government passed in 2001 didn't require barriers against persons with disabilities to be removed or prevented in the private sector e.g. in stores, restaurants, or other private businesses. At our request, the Liberals and NDP put forward proposed amendments to extend that law to the private sector back in 2001, but the governing Conservatives used their majority to defeat them. For years while the Conservatives were in power, we urged them to bring representatives from the private sector and the disability community together at one table to discuss this issue. The Conservatives refused. In the 2003 Ontario election, the Liberals, like the NDP, campaigned on an election platform that included commitments to extend the ODA to the private sector. Since taking power last fall, the Liberals have held public consultations on the ODA. Among other things, the Liberals held an important round-table meeting, hosted by the new Citizenship Minister at the offices of the Canadian Standards Association, at which representatives of the disability community and from the private sector were brought to the same table. This was an important step forward in finding common ground. While there was not unanimous agreement on everything, there was clearly more support for extending the ODA to the private sector from voices within the private sector than the previous Conservative Government had claimed. We commend Minister Bountrogianni and her Government for taking the very positive step of convening this round-table session. Below please find the citizenship Minister's summary of this meeting. Send us your feedback at: oda@odacommittee.net As a side note, we are pleased to let you know that the ODA email service is now using new software. It allows us to send you our updates without others seeing your name and email address. Many had asked for this to respect their privacy. LETTER TO THE ODA COMMITTEE FROM MINISTER OF CITIZENSHIP AND IMMIGRATION DR. MARIE BOUNTROGIANNI Ministry of Citizenship and Immigration Minister 6th Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 325-6200 Fax: (416) 325-6195 May 5, 2004 David Lepofsky Chair, Ontarians with Disabilities Act Committee 1929 Bayview Avenue Toronto ON M4G 3E8 Dear Mr. Lepofsky: I would like to thank you for your participation in the March 2nd roundtable meeting involving representatives from private sector and disability organizations that focused on ways to make the Ontarians with Disabilities Act, 2001 (ODA) more meaningful. Our time together was very constructive. Participants shared thoughtful ideas and perspectives and we all gained insight into a number of issues and priorities that were presented during discussions about accessibility in the private sector. The ministry is currently reviewing your input and the suggestions that came forward regarding approaches concerning awareness and attitude, funding, standards, employment, compliance, enforcement and other priorities highlighted by participants. The McGuinty government is firmly committed to putting measures in place to strengthen the ODA, taking into consideration findings from these consultations, building on lessons learned. Again, thank you for contributing to this government's priority to make effective changes to the ODA that will, in turn, benefit all Ontarians. Sincerely, Dr. Marie Bountrogianni Minister Enclosure ***** Participant Summary March 2, 2004 ODA Roundtable - Private Sector and Representatives from Disability Organizations Question for Participants Participants were asked to discuss short-term and long-term approaches that could strengthen the Ontarians with Disabilities Act, 2001 (ODA), including: options, both legislative and non-legislative, that would facilitate accessibility in the private sector; how the ODA may be applied to private businesses and organizations; and suitable enforcement mechanisms to ensure compliance. Context and Remarks The Minister of Citizenship and Immigration, Dr. Marie Bountrogianni, and Parliamentary Assistant, Dr. Kuldip Kular, opened the meeting by underlining the government's commitment to working with Ontarians with disabilities on strong and effective legislation. As part of its province-wide consultation process, the Ministry is talking to people with disabilities, their family members, caregivers and service providers as well as other interested parties in numerous sectors - both public and private. Discussion Summary Participants provided valuable input, insight and comments in presenting their top three priorities regarding the elimination or prevention of barriers to accessibility for people with disabilities. Key themes that developed during the roundtable include: Awareness and Attitudes Many participants agreed that sustained awareness through strategic partnerships (e.g., government and business) would promote attitudinal change and incentive to improve accessibility in Ontario. There is a need for more awareness of invisible disabilities, especially regarding employment (e.g., mental illness, hearing disabilities) accommodation and recruitment of people with mental disabilities. Businesses need to keep in mind that accommodating people with disabilities is good for business, and that accessibility -- e.g., elevators, closed captioning and automatic doors -- benefits people of all abilities. Many businesses are already increasing accessibility. For example, the Ontario Restaurant, Hotel and Motel Association is considering delivering a Web-based program to train employees on accessibility and customer service, and the Canadian Association of Broadcasters is presenting an action plan for diversity by including people with disabilities in story lines and on-air for productions in the broadcasting industry. Some participants maintained that awareness is only the first step - the next step is to outline the actions that will be most effective in getting businesses to improve accessibility among private-sector organizations. Funding Participants suggested that the Ministry provide funding to assist both obligated sectors and the private sector to deal with any financial hardship resulting from meeting accessibility standards set out in the ODA. One way to address financial constraints associated with improving accessibility may be through amendments to the Developmental Charges Act. The group also discussed the benefits of making new buildings accessible at the outset vs. the cost of retrofitting, which is a much more expensive option. Standards Some participants felt that accessibility planning would be simpler with consistent standards, criteria and guidelines on how to remove barriers without having to reinvent the wheel with each initiative. As well, partnerships between business owners and people with disabilities would help ensure appropriate accessibility standards, with reasonable timelines for compliance. Most felt that government should introduce standards that address both visible and invisible disabilities, are consistent and enforceable, are appropriate for the size and type of industry (i.e., large corporations as well as smaller, family-run operations), build on work done to date by organizations like the CSA, and meet requirements set out in other acts (e.g., Ontario Building Code). Employment It was suggested that some form of employment equity be applied at the provincial level, seeing as the federal Employment Equity Act has worked well in promoting accessibility in the workplace, e.g., the banking sector. As well, more funding for successful training programs such as "Project Work" (funded by MCSS and HRDC) may encourage employers to hire people with physical and invisible disabilities. Compliance and Enforcement Many participants suggested introducing mandatory standards that could be enforced through fines, penalties and incentives. Others suggested compliance mechanisms through an ombudsman-type process, or through MOUs with trade associations and college/professional bodies that would set out criteria to gain or retain membership, professional status or licence. Checklists, such as the accessibility checklist developed by the hospitality sector, could help organizations outline standards, identify accommodation needs and suggest ways to remove barriers. A checklist would also help organizations prepare for audits, which was one other way that participants suggested to facilitate compliance with the ODA. Wrap Up Dr. Bountrogianni thanked all participants for their time, valuable input and active discussion of issues associated with accessibility and inclusion. In closing, the Minister assured participants that their input will play an important role in helping the government develop viable measures to make the ODA strong and effective for all Ontarians, delivering real, positive change, and creating a province where full accessibility benefits everyone.

 

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