Accessible Canada Act

An Act to ensure a barrier-free Canada

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Kirsty Duncan  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment enacts the Accessible Canada Act in order to enhance the full and equal participation of all persons, especially persons with disabilities, in society. This is to be achieved through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, particularly by the identification, removal and prevention of barriers.
Part 1 of the Act establishes the Minister’s mandate, powers, duties and functions.
Part 2 of the Act establishes the Canadian Accessibility Standards Development Organization and provides for its mandate and structure and its powers, duties and functions.
Part 3 of the Act authorizes the Accessibility Commissioner to provide the Minister with information, advice and written reports in respect of the administration and enforcement of the Act. It also requires the Accessibility Commissioner to submit an annual report on his or her activities under the Act to the Minister for tabling in Parliament.
Part 4 of the Act imposes duties on regulated entities that include the duty to prepare accessibility plans and progress reports in consultation with persons with disabilities, the duty to publish those plans and reports and the duty to establish a feedback process and to publish a description of it.
Part 5 of the Act provides for the Accessibility Commissioner’s inspection and other powers, including the power to make production orders and compliance orders and the power to impose administrative monetary penalties.
Part 6 of the Act provides for a complaints process for, and the awarding of compensation to, individuals that have suffered physical or psychological harm, property damage or economic loss as the result of — or that have otherwise been adversely affected by — the contravention of provisions of the regulations.
Part 7 of the Act provides for the appointment of the Chief Accessibility Officer and sets out that officer’s duties and functions, including the duty to advise the Minister in respect of systemic or emerging accessibility issues.
Part 8 of the Act authorizes the Governor in Council to make regulations, including regulations to establish accessibility standards and to specify the form of accessibility plans and progress reports. It also provides, among other things, for the designation of the week starting on the last Sunday in May as National AccessAbility Week.
Part 9 of the Act provides for the application of certain provisions of the Act to parliamentary entities, without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.
Parts 10 and 11 of the Act make related and consequential amendments to certain Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 27, 2018 Passed 3rd reading and adoption of Bill C-81, An Act to ensure a barrier-free Canada
Nov. 27, 2018 Failed Bill C-81, An Act to ensure a barrier-free Canada (recommittal to a committee)

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:25 p.m.
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Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Arif Virani

Madam Speaker, I appreciate the member opposite's important work on behalf of her party and on the immigration file that we worked on jointly previously.

It is important not only to have a strategy and objectives, but also a sense of when those objectives and strategy should be fulfilled. I heard from Mr. Lepofsky, as I mentioned, at my own town hall, I know him from legal circles prior to being elected to the House. He made the exact same important point to me. It is informed by his understanding of the Ontario act, which does have a timeline. That is an important facet to keep in mind.

As for the member's question with respect to the committee process, as always we are hoping for a very vigorous and comprehensive study at the committee stage, and robust amendments that would fulfill the important areas of this legislation and flesh out areas that may not have been contemplated earlier can be proposed.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:25 p.m.
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Kate Young Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility), Lib.

Madam Speaker, I was so glad to hear that my hon. colleague held a town hall about accessibility issues, something that I have wanted to do.

What are some of the best practices he learned from that town hall that could inform other MPs who think they would like to do this in their constituencies?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:25 p.m.
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Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Arif Virani

Madam Speaker, the best thing I could say is not to be afraid of doing something. It is more complex, as it is a bit of uncharted territory, but members should not be afraid to listen to those who are giving them feedback. Do not be afraid to think outside of box in how they embrace people and their ability to understand what they are doing. A case in point is that we dealt with some hiccups. We dealt with some concerns about closed captioning and sign language and how we can ensure it would all work conjointly. It was not particularly easy, but it is so worthwhile ensuring that everyone understands the message this legislation is sending, which is that this place, this government and this nation belong to all of us.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:25 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Madam Speaker, today's discussion is on Bill C-81, an act to ensure a barrier-free Canada. When I first heard that the government might have an interest in helping the disabled, I immediately thought it would be formalizing some of the great work done by advocacy groups for the disabled, perhaps looking at special initiatives to enhance the disability tax credit program or considering ways to help caregivers cope with their everyday stresses. Truly it was disappointing to hear that its initiative was instead centred around the creation of a government bureaucracy. When the creation of a regulatory body to facilitate consultations is the main focus of the proposed legislation, it makes one wonder what has been happening on this file since the initial mandate letter was presented back in 2015.

It took two cabinet shuffles with two mandate letters to finally get this project to the House, and the notable outcomes are to continue consultations and to start considering actions for regulations. With this comes a price tag of $290 million. Therefore, after two and a half years of consultations, we have come up with a plan to formalize more consultations. Do members see a pattern here?

With the current government, talk is what it is does best. Positive, thoughtful action is a mysterious notion to it, and one that is only calculated once political expediency has been factored in. What could the Liberals have done to recognize and make meaningful the lives of those Canadians who face physical, psychological and emotional barriers?

I would like to start my remarks by addressing something that is very dear to me, the carnage here in the national capital region last Friday night when the horrific tornado destroyed people's homes, damaged public infrastructure and seriously hurt so many people. I witnessed the carnage of the black Friday tornado in Edmonton in 1987. Homes were destroyed, areas were levelled and, sadly, many lives were lost. Thirteen years later, I witnessed this again firsthand.

As a farmer, it is just natural to look at the sky, and I remember doing so on a hot and muggy Friday afternoon in 2000 as I was delivering grain to our local elevator. Someone was going to get hit. It was obvious that a storm was brewing, and it was so hot that afternoon we decided to go to our trailer at Pine Lake, where it was just a little cooler, to make supper.

Being on the lake below the hill, we never saw what was coming, but a guy on a catamaran racing to the shore to take cover under a neighbour's deck was our first clue. Then it started hailing, and then hailing into the wind. Trees were twisting and snapping onto our trailer and boat, and we were just a few feet away. The water rose two feet and then rose two feet again as we watched this giant green wall of water in front of us. Then, as quickly as it had come, it abated. It looked at though the ground was covered with lawn chairs. However, it was trailer walls and debris instead.

A boat that had been stored on a trailer half a mile away was stuck in the mud in front of us. There was carnage everywhere. Once we freed our boat from the tree that had landed on it, we tried to get to our neighbouring campground of Green Acres. Our friends owned the campground. My brother had his trailer there, and many of our friends considered it their summer home. Local fire and rescue crews were quickly on the scene and I, along with many others, made it to the site to do what we could. The 12 deaths and the utter destruction of the campground made national news. The path of the tornado also caused extreme hardship for our neighbours, as their homes, farms, and fields were also caught up in this devastation. This was part of the story that never made the news. The other part of the story that sadly gets so quickly forgotten is those who were injured during the disaster.

Whether it is injuries from a natural disaster, accidents at home or on the road, or disabilities from disease, members of our society need to know that we stand with them. That is what I want to quickly address today.

Besides the physical damage that many people must endure, there is also the reality of serious psychological damage that needs to be addressed. In the aftermath of the Pine Lake tornado, our community came together to deal with both. Leaders arose from this disaster. Champions of the disabled community became well-known spokespeople and got the attention of everyone. One such champion was Marlin Styner. Marlin was a quadriplegic. He helped bring all of us to a heightened state of awareness of the barriers that existed in our city of Red Deer.

Marlin later sat on the premier's provincial task force for the disabled. He, along with another advocate for the disabled, Dr. Gary McPherson, showed us how to create a city and community that understood what true barriers for the disabled were. Red Deer soon became, and continues to be, a community where not only physical barriers but other barriers as well are always top of mind, and we have solutions.

Our nation has had many other champions as well. Terry Fox taught us what can be done when we look beyond those things that others think would limit us. Another personal hero of mine is Rick Hansen. His Man in Motion tour took him through my hometown of Innisfail. My mother, who was wheelchair bound in her last few months of dealing with bone cancer, presented Rick with a cheque on behalf of the Pythian Sisters organization which she so proudly served.

Rick Hansen did more than just raise money for spinal cord research. He also showed us what a true advocate for the disabled he was when one of our local cowboy heroes, Duane Daines, was injured in a rodeo accident in B.C. Rick visited Duane shortly after his accident and assured Duane that he still possessed all the qualities that made him a champion saddle bronc rider, and that these qualities would make him successful in whatever he did in the future. He was right.

Local farmers and ranchers Bob Blair and Oliver Marshall are two other friends who have always impressed me with their determination and drive. This makes those of us in our community realize that all barriers can be overcome.

Sadly, Marlin Styner and Dr. Gary McPherson, who I mentioned earlier, are no longer with us.

Another champion, Trevor Paré, a young man I had the pleasure of teaching in Innisfail many years ago, recently passed away. Even though Trevor was afflicted with Pompe disease, he showed our nation, our community and especially his beloved Red Deer Rebels just how one should strive to live every day to the fullest.

The reason I have spoken of these champions is that they know, and knew, how to overcome barriers. This can and should be a lesson to all levels of government. Our community of Red Deer always considers the issues of the disabled. Our province championed their concerns and one would hope that our federal government would as well.

Too often forgotten are the other champions of the disabled: the caregivers. Whether it is the parent of a disabled child, the spouse of an Alzheimer's sufferer, the family of a terminally ill loved one or the professional caregivers who work to make their patients' lives better, they deal with barriers as well.

When this government looks at ensuring a barrier-free Canada, it is not just the management of a bureaucracy that needs to be considered. It is not about hiring thousands of people to ensure that government workers make sure government departments heed their directives. It is not about setting up an enforcement regime to ensure that all are following a government mandate. It should not be about just giving lip service to the real needs of the disabled. Rather than pushing for years and years of consultation, we should be looking at the many success stories that are part of Canada's efforts of inclusion. We are a nation of champions and we know how to accommodate those who need help. We are a nation that respects all of its citizens. We always have and we always will.

How can we reduce barriers and help integrate those with disabilities? How can we do this quickly so that logical solutions are implemented as soon as possible? It takes vision and commitment.

I submit that this was one of the hallmark aspects of our previous Conservative government. I remember very well the campaign in 2008, during which under Stephen Harper we advocated for a registered disability savings plan. That election was in October. By December, the registered disability savings plan was introduced and available for Canadians. That monumental change, which helped both the disabled and their caregivers, took place in under three months.

The Liberal government's plan is one of talk and more talk, bureaucracy and government red tape, and delay when one should be championing results. The legislation is what it is. The next stage is committee review. I believe it is necessary to get this bill to committee so that we and the public can give it its due consideration.

I hope that during this discussion the real needs of our disabled community can be highlighted, that the real champions of our disabled community can be given a voice and that the caregivers who put their lives on hold to devote to their loved ones will be recognized.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:35 p.m.
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Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Madam Speaker, I listened with great interest to the speech made by my colleague across the way.

After reviewing the bill, does my hon. colleague agree with its underlying principle, namely that policies need to be developed by the community, for the community?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Madam Speaker, the point I was trying to make was that there are a lot of solutions that are already there. It is one thing for the government to say that it is going to try to bring them together, but nowhere in here do I see where it talks about real initiatives and engagement with those groups that are involved. No doubt the government has talked to them about it and there have been discussions. However, when we go through the summary and the various parts of the bill, all we see is how it is going to set up bureaucracy. Nowhere does it talk about, other than in the very short preamble, how the government would attempt to realize some of the goals that it has mentioned. I think this is the critical component. It is a big bill and there is a lot in there, but once we read the bill, we realize that it is all bureaucracy and red tape.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Madam Speaker, I listened carefully to my colleague from Red Deer—Mountain View.

He talked about the tornado that hit his riding 13 years ago. I myself lived through a microburst five years ago. It was utterly terrifying. My thoughts are with the people in both Hull and Ottawa who went through that experience last week. Of course, people with disabilities have an even tougher time, especially in severe storms like this one. Earlier, the member mentioned the barriers faced by people with disabilities.

How is this bill going to help people with disabilities? Most importantly, are you going to support Bill C-81?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member was doing just fine, but she went off course when she addressed her question directly to the member. I would ask the member to address the Chair, not individuals.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Madam Speaker, I am sure that having studied this yourself as well you would see the merits that would be associated with the bill.

The point I was trying to make about the carnage that had taken place was not with respect to what happened that day; it was about the lives that had been affected, and the fact that there were champions of the community who were able to become part of it and make sure that we had some real solutions. With those real solutions came approaches that the Province of Alberta was able to use. That is what I was dealing with when I was speaking of it. It is not a case of there is something that just happened and there were a number of people who were killed and many who were injured, and now they happen to have barriers. The point was that it brought the community together, and we looked for the excellence that was there and expanded upon it.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, my colleague made some very good points. There are many disabled persons in Canada, and the bill is attentive with respect to that area. However, if I was looking at this from their perspective, I would ask what is in it for me.

I would ask my colleague from Red Deer to elaborate a little more on what he was just referring to. There does not seem to be much more than a complaints process in this bill. I am wondering if he concurs with that or if there is something I have missed in it.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:40 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Madam Speaker, the important thing that I was attempting to get at was there are some solutions, but having read the bill and simply looking at the summary, all that we see is how the government can develop another department, how it can bring it together, and how it will have the ability to go after another department and put penalties on it. That is really what is here. I do not think that is what people in the disabled community felt was going to happen. The title, an act to ensure a barrier-free Canada, has nothing to do with the major part of the discussion in the nine or 10 parts of this bill.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:45 p.m.
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NDP

Karine Trudel NDP Jonquière, QC

Madam Speaker, we are talking about Bill C-81, but this reminds me of an event that took place this summer in my riding, Jonquière. The Martin-Valin ZEC, a controlled harvesting zone, inaugurated a new lakeside wharf for use by people with reduced mobility who want to go fishing.

I had a chance to talk to some of them during the grand opening. Some had never seen the lake up close before, and others were holding a fishing rod for the first time. Wonderful projects like that are so great.

I would like to congratulate the Martin-Valin ZEC on this wonderful project, which enables people with reduced mobility to enjoy nature and fishing.

I would like my colleague to comment on Bill C-81. Does he think that all government laws and policies should be examined from the perspective of people with disabilities?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:45 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Madam Speaker, certainly I believe it is important we look at inclusiveness for everyone to be able to help them. Again, the point I was attempting to make is that we see that in our community. One would simply anticipate the government would be that enlightened, but as we know, it is a big machine and it is hard to get moved around. It is important we address those kinds of concerns. When I consider the legislation being put before us, there are concerns about everything associated with it. For example, how does one build one department so it can look after another department? It is one of the reasons that when the bill gets to committee, I hope the Liberals are not going to try to push it through without actually talking to people who are really affected by this.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:45 p.m.
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Liberal

Ramez Ayoub Liberal Thérèse-De Blainville, QC

Madam Speaker, I am very pleased to ask my colleague a question on this important bill.

This is a historic bill. My colleague mentioned that the Rick Hansen Foundation has also described this as a historic bill.

My question is very simple, and my colleague from Rivière-des-Mille-Îles has already asked it, too. Will you be supporting the bill?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The member for Thérèse-De Blainville made the same mistake as his colleague. I hope the member will be sure to address his question to the Chair next time.

The hon. member for Red Deer—Mountain View.