ODA Committee Update
dated March 19, 2005
posted March 19, 2005

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE New Democratic Party Tables Package of Proposed Amendments to Bill 118 March 19, 2005 SUMMARY Ontario's New Democratic Party has tabled a package of proposed amendments to Bill 118, the proposed Accessibility for Ontarians with Disabilities Act with the Legislature's Standing Committee on Social Policy. (Text below - about 35 pages) As earlier announced, clause-by-clause consideration of the bill begins Tuesday, March 29, 2005. We have already circulated the Conservative Party's amendments package. We will circulate the Liberals' amendments package, tabled with the Standing Committee on March 18, as soon as we are able to do so. We haven't had a chance yet to study the NDP package closely. However, a preliminary review suggests that among its proposals are a good number of those which the Ontarians with Disabilities Act Committee recommended. To best understand these proposed amendments, it helps to look at the text of Bill 118. You can find it at: http://www.odacommittee.net/news165.html As just suggested in our announcement of the Conservatives' amendments package, we encourage you to: * Send us your feedback on these proposed amendments. * Stay tuned for the proposed amendments from the Liberal Government. * Encourage all three parties to support the amendments you prefer. While the Liberal Government commands a majority of the MPPs at the Standing Committee on Social Policy, the Citizenship Minister Dr. Marie Bountrogianni has publicly stated that she is open to consider amendments coming from any of the three parties. You have to act fast on this. * Plan to attend the public sessions of the Standing Committee on Social Policy when proposed amendments are debated and voted on. For details on the Standing Committee's schedule, visit the ODA Committee's website at: http://www.odacommittee.net/news204.html     NEW DEMOCRATIC PARTY 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 NDP Motions NDP Motion v. 1 Alternative 1 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 M Section 1 of the Bill I move that section 1 of the Bill be struck out and the following substituted: Purpose 1. The purpose of this Act is, (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 prevent 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). NDP Motion v. 1 Alternative 2 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 M Clause 1 (a) of the Bill I move that clause 1 (a) of the Bill be amended by striking out "January 1, 2025" and substituting "January 1, 2020". NDP Motion v. 1 Alternative 3 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 M Clause 1 (b) of the Bill I move that clause 1 (b) of the Bill be struck out and the following substituted: (b) providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries, of various sectors of the economy and of employees in those industries and sectors in the development of the accessibility standards. NDP Motion v. 1 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 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. NDP Motion v. 1 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 M Subsection 6 (3) of the Bill I move that subsection 6 (3) of the Bill be struck out and the following substituted: Application of standards (3) Despite subsection (2), 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 to the public; (d) owns or occupies a building, structure or premises that is open to the public; or (e) is engaged in a prescribed business, activity or undertaking or meets such other requirements as may be prescribed. NDP Motion v. 1 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 M Section 6 of the Bill I move that section 6 of the Bill be amended by adding the following subsection: Same - level of accessibility (5.1) Where an accessibility standard sets out a measure, policy, practice or other requirement for the removal of a barrier and the subject matter of that accessibility standard was dealt with under the Ontario with Disabilities Act, 2001 as it read on the day this Act received Royal Assent or under a standard or guideline that was in force under the Ontario with Disabilities Act, 2001 on that day, the accessibility standard shall provide equal or greater protection to persons with disabilities as was provided by the Ontario with Disabilities Act, 2001 or the standard or guideline under that Act. NDP Motion v. 1 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 M Section 7 of the Bill I move that section 7 of the Bill be struck out and the following substituted: Minister's responsibilities 7. The Minister is responsible for, (a) establishing and overseeing a process to develop and implement all accessibility standards necessary to achieving the purposes of this Act; and (b) conducting educational programs and promoting public awareness on the accessibility standards and on the work and progress of the standards development committees. NDP Motion v. 1 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 M Subsection 8 (2) of the Bill I move that the subsection 8 (2) be amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following clause: (c) determining the need for public consultations and holding such consultations while developing the proposed accessibility standards specified under clause (a). NDP Motion v. 1 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 M Subsection 8 (3.1) of the Bill I move that section 8 of the Bill be amended by adding the following subsection: First committees established (3.1) Within six months of the day this section comes into force, the Minister shall establish standards development committees, including committees to develop proposed accessibility standards applicable to the following sectors of the economy: 1. Transportation. 2. Education. 3. Health care. 4. Employment. 5. Customer Service. NDP Motion v. 1 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 M Subsection 8 (4) of the Bill I move that subsection (8) (4) of the Bill be amended by striking out "The Minister shall invite the following persons or entities to participate as members of a standards development committee" and substituting "The Minister shall establish qualifications for membership in a standards development committee and make those qualifications available to the public in the prescribed manner and shall publicly solicit applications from among the following persons:" NDP Motion v. 1 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 M Subsection 8 (4) of the Bill I move that subsection 8 (4) of the Bill be amended by adding the following paragraph: 4. Representatives of trade unions and professional associations who represent employees employed in the industry or sector or the economy to which the accessibility standard is intended to apply or employed by the class of persons or organizations to which the accessibility standard is intended to apply. NDP Motion v. 1 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 M Subsection 8 (4.1) of the Bill I move that section (8) of the Bill be amended by adding the following subsection: Term of appointment (4.1) The members of a standards development committee shall serve on the committee for a term of five years. NDP Motion v. 1 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 M Section 8 of the Bill I move that section 8 of the Bill be amended by adding the following subsections: Accessibility standards re: education (5.1) In addition to the standards development committees that will develop accessibility standards for particular industries, sectors of the economy and classes of persons and organizations, the Minister shall establish a standards development committee that shall develop standards to ensure that, (a) students in schools under the Education Act are, as part of the school curriculum, sensitised to and made aware of the existence of barriers to persons with disabilities and of related accessibility issues; (b) before becoming authorized to practise as a professional engineer or as an architect in Ontario, a person receives training on how to construct buildings and structures that are accessible to persons with disabilities; and (c) persons training to practise as a professional engineer, as an architect or in any other profession that the committee considers appropriate receive training on how to run their practices and on the measures, policies and practices to implement in their practices so as to remove and prevent any barriers to persons with disabilities. Same (5.2) The standards development committee established under subsection (5.1) shall consult with school boards and the governing bodies of appropriate professional associations in developing the accessibility standards referred to in clauses (5.1) (a), (b) and (c). NDP Motion v. 1 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 M Section 8 of the Bill I move that Section 8 of the Bill be amended by adding the following subsections: Meetings open to public (7) The meetings of a standards development committee shall be open to the public, except as required to protect the privacy interests of individuals or organizations. Information to be made available (8) Every person has a right of access to a record or a part of a record in the custody or under the control of a standards development committee unless, (a) the record or the part of the record falls within one of the exemptions under sections 12 to 22 of the Freedom of Information Act; (b) the committee is of the opinion on reasonable grounds that the request for access is frivolous or vexatious. NDP Motion v. 1 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 M Subsection 9 (2) of the Bill I move that subsection 9 (2) of the Bill be amended by striking out "January 1, 2025" at the end and substituting "January 1, 2020". NDP Motion v. 1 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 M Clause 9 (7) (b) of the Bill I move that clause 9 (7) (b) of the Bill be amended by striking out "on or before January 1, 2025" and substituting "on or before January 1, 2020". NDP Motion v. 1 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 M Subsection 9 (9) of the Bill I move that section 9 of the Bill be amended by adding the following subsection: Minister's reply (9) Within three months after the day the Minister receives a proposed accessibility standard from a standards development committee under subsection (6) or clause (7) (d), the Minister shall, (a) decide whether to, (i) recommend to the Lieutenant Governor in Council that the proposed accessibility standard be adopted by regulation under section 6, (ii) recommend to the Lieutenant Governor in Council that the proposed accessibility standard be adopted by regulation under section 6 with such changes as the Minister recommends, or (iii) return the proposed accessibility standard to the committee for further consideration; and (b) advise the committee in writing of its decision. Decision made public (10) The Minister shall make his or her decision and the reasons for the decision available to the public in the prescribed manner. NDP Motion v. 1 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 M Section 12 of the Bill I move that Section 12 of the Bill be struck out and the following substituted: Assistance for standards development committees 12. The standards development committee may retain, appoint or request experts to provide advice to a standards development committee. NDP Motion v. 1 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 M Section 12.1 of the Bill I move that the Bill be amended by adding the following section: Compensation 12.1 The members of a standards development committee shall be compensated for their work on the committee and reimbursed for expenses in relation to that work in an amount to be determined by the Lieutenant Governor in Council. NDP Motion v. 1 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 M Subsection 18 (1) of the Bill I move that subsection 18 (1) be struck out and the following substituted: (1) The Minister shall appoint inspectors for the purposes of this Act before the first accessibility standard is established under section 6. NDP Motion v. 1 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 M Section 26 of the Bill I move that section 26 of the Bill be struck out and the following substituted: Tribunal 26. (1) There is hereby established a tribunal to be known as the Accessibility Appeals Tribunal in English and Tribunal d'appel en matière d'accessibilité in French. Composition (2) The Tribunal shall be composed of such members as may be appointed by the Lieutenant Governor in Council. Chair, vice-chair (3) The Lieutenant Governor in Council shall appoint a chair and may appoint one or more vice-chairs of the Tribunal from among the members of the Tribunal. Remuneration (4) The members of the Tribunal shall be paid such allowances and expenses as are fixed by the Lieutenant Governor in Council. Employees (5) Such employees as are considered necessary for the proper conduct of the Tribunal may be appointed under the Public Service Act. Rules (6) The Tribunal may make rules regulating its practice and procedure and generally for the conduct and management of its affairs and such rules are not regulations within the meaning of the Regulations Act. Panels (7) The chair of the Tribunal may appoint panels composed of one or more members of the Tribunal to hold hearings in the place of the full Tribunal wherever the Tribunal is required to hold a hearing under this Act and, where a panel holds a hearing, the panel has all the powers and duties, except the power referred to in subsection (6), given to the Tribunal under this Act. Powers and duties (8) The Tribunal may exercise such powers and shall perform such duties as are conferred or imposed upon it by or under this Act. NDP Motion v. 1 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 M Subsection 27 (1) of the Bill I move that subsection 27 (1) of the Bill be amended by striking out "that is the subject of an order" and substituting "that is the subject of or otherwise affected by an order". NDP Motion v. 1 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 M Subsection 27 (3) of the Bill I move that subsection 27 (3) of the Bill be struck out and the following substituted: Hearing (3) The Tribunal shall hold a hearing with respect to an appeal under subsection (1) unless a party satisfies the Tribunal that the matter may be decided based on written submissions alone. NDP Motion v. 1 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 M Part VII.1 of the Bill I move that the Bill be amended by adding the following Part: part vii.1 accessibility plans for employees Application 29.1 This Part applies to every employer who employs persons that are members of a trade union. Definitions 29.2 In this Part, "bargaining unit" means a bargaining unit as defined in subsection 1 (1) of the Labour Relations Act, 1995; ("unité de négociation") "employee" means an employee as defined in subsection 1 (1) of the Labour Relations Act, 1995; ("employé") "trade union" means a trade union as defined in subsection 1 (1) of the Labour Relations Act, 1995. ("syndicat") Employees' accessibility plans 29.3 (1) Promptly after this section comes into force, an employer shall begin negotiations with the bargaining agent for the employer's employees for the adoption of an accessibility plan for the workplace. Content of accessibility plan (2) An accessibility plan shall address the identification, removal and prevention of barriers to persons with disabilities in the workplace, including in the employer's hiring practices. Timing of negotiations (3) An employer and a bargaining agent shall negotiate in good faith with a view to adopting an accessibility plan on or before the prescribed date. Failure to adopt plan (4) If an employer and a bargaining agent fail to adopt an accessibility plan on or before the prescribed date, the Minister shall appoint a mediator to help the parties agree to an accessibility plan on or before a prescribed date. Failure of mediation (5) If, despite the appointment of a mediator, the parties fail to adopt an accessibility plan on or before the prescribed date, either the employer or the bargaining agent may appeal the matter to the Tribunal. Power of Tribunal (6) Upon application by an employer or a bargaining agent, the Tribunal shall hold a hearing and, after the hearing, may order the parties to adopt an accessibility plan that shall include such provisions, terms and conditions as the Tribunal may specify. Compliance 29.4 (1) An employer and the employer's employees, including those employees that are not members of the trade union, shall comply with an accessibility plan adopted under this section. Posting of plan (2) An employer shall post an accessibility plan adopted under this Part in a conspicuous place in the work premises. Conflict 29.5 If a provision in an accessibility plan adopted under this section conflicts with a provision in an accessibility standard established under section 6, the provision in the accessibility standard prevails. NDP Motion v. 1 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 M Subsection 31 (4) of the Bill I move that subsection 31 (4) of the Bill be amended by striking out "At the direction of the Minister" at the beginning. NDP Motion v. 1 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 M Section 31 of the Bill I move that section 31 of the Bill be amended by adding the following subsection: Public consultation (6) The Council shall determine the need for and hold whatever form of public consultation it requires to carry out the duties assigned under subsection (4). NDP Motion v. 1 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 M Section 32.1 of the Bill I move that the Bill be amended by adding the following section: Accessibility Commissioner 32.1 (1) There shall be appointed, as an officer of the Legislature, an Accessibility Commissioner to exercise the powers and perform the duties specified in this section. Appointment (2) The Accessibility Commissioner shall be appointed by the Lieutenant Governor in Council on the address of the Assembly after consultation with the chair of the Standing Committee of the Assembly on Public Accounts. Term of office (3) A person appointed as Accessibility Commissioner shall hold office for a term of 10 years and shall not hold office for more than one term. Same (4) The Accessibility Commissioner shall continue to hold office after the expiry of his or her term until a successor is appointed. Removal (5) The Accessibility Commissioner may be removed from office for cause, before the expiry of his or her term of office, by the Lieutenant Governor in Council on the address of the Assembly. Salary (6) The Accessibility Commissioner shall be paid a salary within the average range of salaries paid to deputy ministers in the Ontario civil service and is entitled to the privileges of office of a senior deputy minister. Pension (7) The Accessibility Commissioner is a member of the Public Service Pension Plan. Employees (8) Subject to the approval of the Lieutenant Governor in Council, the Accessibility Commissioner may employ such officers and employees as the Accessibility Commissioner considers advisable for the efficient operation of his or her office and may determine their salary and remuneration and terms and condition of employment. Employee benefits (9) The following employee benefits applicable from time to time to public servants of Ontario apply to the permanent and full-time employees of the Accessibility Commissioner: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protection. 3. The granting of leave of absence. Same (10) If the benefits referred to in subsection (9) are provided for in regulations made under the Public Service Act, the Accessibility Commissioner, or any person authorized in writing by him or her, may exercise the powers and duties of a Minister or Deputy Minister or of the Civil Service Commission under the regulations. Employee's pension benefits (11) The Accessibility Commissioner shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Act as an organization whose permanent and full-time probationary staff are required to be members of the Public Service Pension Plan. Premises and supplies (12) The Accessibility Commissioner may lease such premises and acquire such equipment and supplies as are necessary for the efficient operation of his or her office. Audit (13) The accounts and financial transactions of the office of the Accessibility Commissioner shall be audited annually by the Auditor General. Functions of Accessibility Commissioner (14) The functions of the Accessibility Commissioner are, (a) to monitor and report to the people of Ontario on the implementation of the goals laid out in this Act; (b) to promote an understanding and acceptance of and compliance with this Act; (c) to perform functions assigned to it under this Act or any other Act. NDP Motion v. 1 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 M Section 40 of the Bill I move that section 40 of the Bill be amended by adding the following subsection: Opportunity for comments (1.1) The Lieutenant Governor in Council shall not make a regulation under subsection (1) unless the Lieutenant Governor in Council 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; and (c) made a report to the public summarizing any comments received under (b). NDP Motion v. 1 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 M Clause 40 (1) (r) of the Bill I move that Clause 40 (1) (r) of the Bill be struck out.

 

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