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 / 1:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I always appreciate it when we work hard in our constituencies and listen to the people we represent. I fundamentally believe that we are a voice for our riding, and I appreciate the member's work around this bill.

I absolutely agree. I think of all the years of trying to support my son. It is very hard to support somebody when we have no idea what the person is experiencing, but we are trying the best to be there. He was frustrated by the barriers in his way, and even more frustrated when people tried to help him when he was not asking for help. It is very important that when we look at compliance, we look at ways to make sure that the actions are happening and that dignity is given to the people.

When I spent that time with Karen, I learned important things, such as when going up a hill, to not just hold the outside of the wheelchair but to hold the actual tire to get moving up that hill. I struggled behind her. If it came down to an arm-wrestling contest, she would win. She has incredible strength and power.

We have to make sure that in everything we do, we are opening doors. This should not be a country where we leave people behind. Our very existence could depend on it.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:30 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, there are several areas of concern with respect to this piece of legislation. On this side, we are hopeful that when it does get to committee, we are going to be able to work it out.

I know the member spoke about this, but a particular issue is that there are no mandatory timelines. There is $290 million being spent over six years, but within that six years, there is no measurement or time frame in which the action is to be taken.

I was wondering if the hon. member could expand a little more on her concern, and what she is hoping to see once it gets to committee and then comes back to Parliament.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, there are some things that I am hoping to see change when the legislation goes to committee. I am hoping to see a lot more concrete measures. We need to have something so that it is not just money flowing out, but actual on-the-ground work that needs to be done to support people with disabilities. I hope when the bill goes to the committee that work is done. I am really interested to see what the witnesses share with us.

At the end of the day it is important to recognize that words are not enough. It is really about action. What we need to see in this legislation is action that is measurable, so that we know that these outcomes are really making life better for people who have certain challenges.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:30 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, my colleague made very thoughtful and moving comments, especially in illustrating the poignant point made by her son, as well as the lessons we can learn from people with disabilities.

To this end, Bill C-81 is before us. The government talks about how we must move forward, yet the bill itself does not require us to work with provincial or municipal governments or the communities to realize accessibility.

I wonder if the member could comment on that, and whether or not we should make that change at committee.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I absolutely think this issue is something that needs to be looked at in committee.

When I talked to community members in different communities across my large riding of North Island—Powell River, I heard that what we really need to see is support on the ground so that people can lead a more fulsome lives.

Let us get moving. It is time for action.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:35 p.m.
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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, Debbie Windsor is a Saskatoon resident who is tired of waiting for life to get better for people living with disabilities. Debbie has used a wheelchair most of her life. When she attended high school, she had to leave her home on the west side of Saskatoon at 5:00 a.m. to head to the east side of Saskatoon, where the only accessible high school was at the time.

Debbie would say that some things have changed since her high school days, but that change has been way too slow and too incremental. In a recent interview with the local paper, Debbie was asked what her biggest frustration was with respect to getting issues addressed for people living with disabilities. She said it was trying to find out where to go and who to speak to to find out who to hold to account so that change could happen.

Debbie is trying to get the message out that things must change for people living with disabilities so that they can be truly included in all aspects of life, from education to employment, so she launched her own radio show, on CFCR in Saskatoon, called Above and Beyond the Disability.

I had the opportunity to sit down with Debbie to discuss what governments must do if they are really serious about making life better for people with disabilities. One thing Debbie impressed upon me was how all too often those employed to provide services to people living with disabilities are non-disabled persons. She and I agree that this has to change.

During our interview, I heard loud and clear from Debbie about the difficulty of holding people to account for changes needed and the slow pace of change. Debbie was also adamant that those with disabilities be included not just as volunteers and consultation participants but as employees in the design and implementation of all services, policies and laws that impact their lives.

As always, it is an honour and a great responsibility to rise in the House to represent my constituents of Saskatoon West to do my best to give the people living in my community a voice in Parliament on issues and concerns that are important to them. Today I stand to speak in support of Bill C-81, an act to ensure a barrier-free Canada. I rise to add my voice to the debate with the hope that the bill will be a game-changer for people in my community like Debbie and the 5.3 million Canadians living with disabilities, and indeed, for all Canadians.

As my colleague from Windsor—Tecumseh stated, “these proceedings” the debate on Bill C-81, “have the potential for tremendous historic significance. We are debating a bill that, if done properly” could very well become “breakthrough legislation” that will be proudly studied and celebrated for many “generations to come.”

We have been anxiously waiting for this legislation since it was promised during the last election, and of course, those living with disabilities and those advocating for disability rights have been waiting much longer for this day to come. It is incumbent on us as parliamentarians, with the input of citizens, to get it right, and that is what I hope we are all here to do today.

To get this legislation right, it needs improvements. The government must be open to allowing it to be thoroughly studied at committee and to ensuring the full participation of those living with disabilities so that their voices and expertise are heard loud and clear during the proceedings. Finally, the government must demonstrate that it is truly listening and will be open to accepting amendments at committee to this important bill.

How can this bill be better? What do we need to do to get it right? Here I will turn to the work and words of those in the know, the individual advocates and groups working to ensure that the human rights of those living with disabilities are respected and protected.

I want to acknowledge the work of Debbie Windsor, Barrier Free Saskatchewan, the National Institute of Disability Management and Research, and the Accessibility for Ontarians with Disabilities Act Alliance for their work and expertise, which has been extremely helpful in informing my comments today.

How do we make this bill better so that it can really be historic in its impact on the lives of people with disabilities? When Debbie mentioned accountability for change, or the lack of accountability, I looked to see if this bill would deliver. It would not. The lack of timelines in the bill is a concern. Without clear timelines, many are concerned that there is no way to hold the government to account for timely implementation.

Splitting enforcement and implementation and spreading those functions over four different agencies seems confusing and overly bureaucratic. I do not see how this would be a preferred way to serve people. I am curious as to how anyone would see this set-up as effective or efficient. It sounds like a system built to serve government, not people.

My colleague, the member for Windsor—Tecumseh, said it well in her speech when she described the enforcement and administration of the bill as a snarl, with the result of very similar regulations being enacted by the different agencies involved rather than by one single agency. The duplication would not just risk inconsistencies, it would create them, causing even further delays. The bill should be streamlining systems, not creating more barriers and bureaucracy.

Exemptions should be the exception, not the rule, but I am afraid that the bill would allow too much latitude for officials to exempt organizations, with little to no oversight or public accountability for why these exemptions were being allowed. This needs to change. If the bill would truly put people first, exemptions would need to be exceptional and reviewed independently.

Both the Canadian Radio-television and Telecommunications Commission, the CRTC, and the Canadian Transportation Agency remain in the frame around enforcement. To my earlier point, most agree that a one-stop enforcement agency is preferred by just about everyone who has commented on the bill. Putting that aside for a moment, neither of these agencies have proven effective in enforcing their current obligations on accessibility. Both of them have broad powers to exempt organizations from complying with the proposed legislation. Hopefully, committee members will carefully review and improve this aspect of the bill.

As the minister mentioned in her speech, the definitions of “barrier” and “disability” put forth in Bill C-81 draw from the Convention on the Rights of Persons with Disabilities. They are broad and inclusive, supporting the greatest number of Canadians.

Since ratifying the UN Convention on the Rights of Persons with Disabilities in 2010, Canada has not proceeded with enabling legislation to bring our laws in line with this international obligation. It is good to see this legislation using definitions found in the convention. It is a good start, but we must not stop there. Bill C-81 does not fulfill all of Canada's obligations under the treaty, so a reference in the legislation to a timeline for when Canada would fully meet its obligations would be an important addition to the bill. I encourage the committee to give this aspect of the bill its attention as well.

This past Saturday afternoon, on the grounds of nine legislative buildings in Canada, including on the grounds of the Saskatchewan legislature, people gathered to demand that American sign language and Quebec sign language be designated official languages in Canada. This call for the inclusion of ASL and QSL was also heard during the government's consultations for Bill C-81. This recognition is not included in the bill as tabled, so I strongly encourage committee members to rectify this oversight with amendments at committee.

David Lepofsky, a Canadian lawyer and disability advocate, in a recent interview, summed up very well where we find ourselves with the tabling of Bill C-81. He said:

It's a good starting point and certainly the most substantial piece of legislation introduced by any government in Canada. But it's going to need substantial additions and improvements to be effective, including a deadline to reach full accessibility.

As I conclude my remarks, I want to reiterate the importance of this legislation in changing millions of people's lives for the better. I also want to reiterate the NDP's support for the bill and the principles it espouses. This is an important piece of legislation. It deserves our time and attention to get it right. It is my hope that we are all on that path together.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:40 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, I thank the member opposite for her comments, in particular for referencing David Lepofsky and his input in getting us to where we are today.

One of the concerns we have, as we watch this go through committee, is the tactics that happen sometimes in the House. We would be getting people with disabilities to testify, to come to Ottawa, with attendant care, with medical procedures that will have to be done to get them to fly to Ottawa or to take the train or to get transport here. We saw last spring adjournment motions and all sorts of other trickery in the House that collapsed committee work. In light of the fact that we have such a delicate population, in terms of accommodation and people who want to speak to the issue, could you give us the assurance that the NDP would not play games to interfere with people with disabilities coming to testify so that reasonable accommodation could be met and we would not be bringing people to Ottawa just to send them home?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I certainly will not give you that reassurance, and I would ask the member to address the questions and comments to the Chair. He has been in the House long enough to know that.

The hon. member for Saskatoon West.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:45 p.m.
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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, if the member had heard the comments around the House today, especially from the NDP caucus, he would have found that we are supportive of the bill. We have asked the government to share, in its remarks, if it is open to including amendments that would make the bill better. I can only speak for myself, but that conveys my commitment to make the proceedings improve the bill. It is a commitment I have made to my constituents.

All parties in the House cannot step back and say that they have not played games. I hope my colleague will enter into the conversations at committee with a commitment to actually build a barrier-free Canada.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:45 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, the member from the NDP mentioned David Lepofsky. He has been a leading advocate for a barrier-free Canada and is probably one of the best examples of thoughtful advocacy I have seen in my time in public life. I recall him teaching, in my bar admission course in Ontario, through the Law Society of Upper Canada, issues related to people facing disabilities. I want to thank Mr. Lepofsky. He is also quite tenacious on social media in making sure that these issues are not forgotten.

The member highlighted a number of the areas where this falls short. All parties, I think, want to see fewer barriers, more engagement and more opportunities for people. The fact is, and this is what Mr. Lepofsky's group has also highlighted, the government provides the ability for itself to set standards or regulations but sets no timeline for the government to lead by example with respect to future plans for its infrastructure in future federal jurisdiction areas, such as ports, airports and these sorts of things. Is that lack of a timeline and a commitment to federal leadership something the member feels is a bit of a shortcoming in Bill C-81?

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:45 p.m.
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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I think it was clear in my speech that I am concerned that there do not exist, as another member of the House mentioned, enough “musts” in this legislation so that those folks who have been advocating for legislation such as this would see something happen sooner rather than later.

The other big concern for me, which I have spoken about before and was a big part of my life when I was a social worker, is that I am a real advocate for the one-stop shop. I find the way compliance and enforcement are described in this legislation is very confusing and overly bureaucratic. It certainly does not speak to the issues that were brought to my attention, which is that it is very hard to hold a government to account when there are all these different agencies involved. One needs a road map to deal with them.

I am really hopeful that the government is sincere in what I have heard in the House about being open to amendments to make this legislation stronger and will speak to the many advocates who have said that the legislation is historic but needs help and amendments at committee.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 1:50 p.m.
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Liberal

Nick Whalen Liberal St. John's East, NL

Madam Speaker, I am absolutely delighted for the opportunity to speak to the accessible Canada act today.

Throughout the accessible Canada consultation, the broadest consultation on disability in our country's history, the Government of Canada heard from more than 6,000 people and over 90 organizations.

These stakeholders told us clearly and repeatedly that Canada needs disability legislation with teeth. We need legislation that would move us away from the current system of placing the onus on disabled Canadians to remove barriers. We need legislation that would help us build a more inclusive, accessible and tolerant society. We need legislation that would set in place a system to proactively identify, remove and prevent barriers in areas of federal jurisdiction.

To this end, Bill C-81 would create a dedicated accessibility commissioner within the Canadian Human Rights Commission who would be responsible for ensuring that organizations are in fact meeting their obligations under the proposed accessible Canada act.

The need is clear. Let me remind hon. members of a few of the most recent statistics published by Statistics Canada that elucidate this issue.

The employment rate of Canadians aged 25 to 64 with disabilities is a mere 49% compared with 79% for Canadians without a disability. The employment rate among persons aged 25 to 64 with a mild disability is 68% compared with 54% for those with moderate disability and 42% for persons with severe disability, and merely 26% among those with a very severe disability.

Approximately one in two university graduates with or without disability held a professional occupation. However, graduates with a disability were less likely to hold management positions and earned less than those without a disability, especially among men.

Among Canadians with a disability, 12% reported having been refused a job in the previous five years as result of their condition. The percentage was 33% among 25 to 34-year olds with a severe or very severe disability.

I am sure that members on all sides of the House would agree that the measures we are proposing today in Bill C-81 would help address this inequality and are long overdue.

This is how Bill C-81 would work.

With respect to compliance tools, the accessibility commissioner would have access to a variety of proactive enforcement tools to verify compliance and to prevent noncompliance with the act. Proactive inspections of regulated entities would be a large part of ensuring that the onus for removing barriers is not placed on individual Canadians. The accessibility commissioner would be empowered to conduct an inspection of any place that he or she considers necessary to verify compliance. In addition, the commissioner would have the authority to conduct paper-based inspections through production orders.

If, following an inspection, the accessibility commissioner found that an organization had contravened its obligations under the act, there would be a variety of different tools the commissioner could use to ensure compliance.

One of these tools is compliance orders. A compliance order would ensure that if an inspector sees a barrier that needs to be removed immediately, the inspector could order that this be done within a timeframe the commissioner considered appropriate. For instance, if an organization has placed garbage cans that block an accessible entrance, an inspector could order those garbage to be moved without delay.

The accessibility commissioner would also have the authority to issue notices of violation. These notices could be given with a warning or with a monetary penalty.

Under Bill C-81, the maximum penalty for a violation would be $250,000. The penalty issued for a given violation would depend on the nature and the severity of the issue, the criteria for which would be set out in regulations.

However, Bill C-81 also includes the idea of continuing violations, whereby a violation that continues more than one day would constitute a separate violation for each day and could result in separate $250,000 penalties each day the violation continues.

Additionally, if the possibility of an administrative monetary penalty is not enough to encourage an organization to comply with its obligations, Bill C-81 would also provide authority to publish the name of the organization or person who committed the violation, along with the amount of the penalty.

In terms of jurisdiction, compliance and enforcement under Bill C-81 would build on existing expertise within the Government of Canada and fill gaps where needed.

Bill C-81 expands on existing sector-based mandates, authorities, expertise and experience in relation to accessibility within the federal transportation network and broadcasting and telecommunications services.

Both the Canadian Transportation Agency and the Canadian Radio-television and Telecommunications Commission have existing accessibility mandates. Bill C-81 proposes to enhance these mandates and to expand the powers and responsibilities of the Canadian Transportation Agency as well as the CRTC in relation to accessibility. The Canadian Transportation Agency would continue to be responsible for the accessibility of passengers in the federal transportation network, with an enhanced mandate, responsibilities and powers. The Canadian Radio-television and Telecommunications Commission would continue to be responsible for accessibility in relation to broadcasting and telecommunication services with new responsibilities for overseeing accessibility plans, feedback processes and progress reports.

Through amendments to the Canada Transportation Act, the Canadian Transportation Agency would have new proactive compliance tools to ensure that those in the federal transportation network are meeting their accessibility obligations. These compliance tools would be very similar to those of the accessibility commissioner, including the ability to issue notices for violations, with fines again up to $250,000. Given the whole-of-government approach to ensuring the removal of barriers in federal jurisdiction, the bill requires that the various authorities put in place mechanisms for collaboration and coordination across organizations regarding their policies and practices in relation to accessibility.

In terms of remedies, although the focus of Bill C-81 is on proactive and systemic change, the bill also provides for complaints mechanisms for individuals who have been harmed by an organization's non-compliance with its accessibility obligations.

Bill C-81 provides individuals with a right to file complaints with the accessibility commissioner if they have been harmed or have suffered property damage or economic loss as a result of, or have otherwise been adversely affected by, the contravention by an entity of regulations made under the proposed accessibility act. If, after investigating a complaint, the accessibility commissioner finds that the complaint is substantiated, the commissioner could order a broad range of remedies, including that the entity that committed the contravention take appropriate corrective measures; make available to the complainant the rights, opportunities or privileges that they were denied; pay compensation to the complainant for wages they were deprived of, and for expenses incurred by them as a result of the contravention; pay compensation to the complainant for the additional costs of obtaining alternative goods, services, facilities or accommodation as a result of the contravention; pay compensation for any pain and suffering the complainant experienced; and pay the complainant an amount if the accessibility commissioner determines that the contravention is the result of a wilful or reckless practice.

The maximum amount that could be awarded for each of pain and suffering and wilful and reckless practice would initially be set at $20,000, but Bill C-81 includes a provision that would increase these amounts over time to account for inflation. If individuals and organizations think that the accessibility commissioner made an error in dismissing a complaint or in ordering a remedy, they would be able to make an appeal. For most complaints, these appeals would go to the Canadian Human Rights Tribunal. For complaints about parliamentary entities, appeals would go to the Federal Public Sector Labour Relations and Employment Board.

The accessibility commissioner would not be responsible for dealing with all complaints, however. In recognition of, and to leverage, the existing expertise of the Canadian Transportation Agency and the CRTC, these organizations would be responsible for dealing with complaints in the federal passenger transportation network and in respect of the Broadcasting Act and Telecommunications Act, respectively.

Through the amendments to the Canada Transportation Act proposed in Bill C-81, the Canadian Transportation Agency would continue to deal with complaints in relation to undue barriers to the mobility of persons with disabilities in the federal transportation network, with enhanced remedies, such as compensation for pain and suffering, which would be better aligned with the remedies available under the Canadian Human Rights Act.

The Canadian Transportation Agency would also deal with a new type of complaint that addresses contraventions of regulations made under the Canada Transportation Act that result in harm, similar to complaints made to the accessibility commissioner under the proposed accessible canada act, with similar remedies for individuals.

For complaints about broadcasting and telecommunications services, Canadians would continue to file complaints with the CRTC, which would use its existing authorities under the Broadcasting Act and the Telecommunications Act to address the complaints.

In the case of grievances, many public service and parliamentary employees have existing grievance rights. Bill C-81 builds on these rights. Through amendments to the Federal Public Sector Labour Relations Act, the Public Service Employment Act, and the Parliamentary Employment and Staff Relations Act, these employees would be able to refer their complaints for adjudication.

I conclude by saying that I hope all members will support this bill at this reading so that it can go to committee, where it can be reviewed and sent back to the House for approval.

The House resumed consideration of the motion that Bill C-81, an act to ensure a barrier-free Canada, be read the second time and referred to a committee.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 3:20 p.m.
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Liberal

The Speaker Liberal Geoff Regan

Before I call upon the hon. member for York—Simcoe for debate, as I may not be able to be here when he concludes his debate, I want to take the opportunity, on behalf of all members, which I am sure members will allow me to do, in congratulating him on his many years of service. He has been a very forceful member with a great knowledge of the rules of the House, as a former House leader on the government side.

One of the things I have most enjoyed over the years, during the time I have been Speaker, has been the many statements, S.O. 31s, or members statements, on historical matters. He has a tremendous love for Canadian history and for the maintenance and preservation of our history in so many ways, which I have greatly appreciated and admired.

I want to thank him for his service to Canada and to the House of Commons. I wish him and his family the very best in the future.

The hon. member for York—Simcoe.

Accessible Canada ActGovernment Orders

September 24th, 2018 / 3:20 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, this will be the last speech I deliver in the House of Commons, in where it has been an honour to represent the people of York--Simcoe for a decade and a half.

Bill C-81 seeks to enhance accessibility in areas of federal jurisdiction. It is a worthy objective. Accessibility is an area where we have seen much change and progress in my lifetime. However, it is progress that has been largely driven not by politicians, but rather by Canadians who saw the need and pressed for changes to the rules.

The success of those changes has been largely due to an incremental approach that has not placed undue burdens on Canadians trying to make a living, allowing progress over time. It is an example of the importance of applying common sense when delivering change for the better. That goal, delivering change for the better, has been my purpose in my time here.

The rationale behind accessibility rules is to create opportunity for people to achieve their potential. The preamble to the bill focuses on that question of ensuring equal opportunity. In this speech I will focus largely on that word that motivates this legislation, that word being “opportunity”.

Canada is all about opportunity. Opportunity is the reason my family and so many others have come here.

My grandparents and mother grew up in Estonia. Their life experience is the reason I am in Canada and in the House of Commons.

My grandfather was an agronomist, an important role in a largely agricultural economy in the first half of the 20th century. My grandmother became a lawyer in the 1920s in Estonia at a time not too many women did that.

With the Second World War came waves of Soviet, Nazi and then again Soviet occupation. Much of my family died at the hands of the Soviets, executed, bludgeoned to death by axes in their beds or suffering the almost inevitable death that came as inmates of the communist concentration camps of the Siberian gulag.

The only alternative for my grandparents and mother was a high-risk escape across a treacherous Baltic sea, where the men kept bailing to keep the vessel from capsizing. They left all their possessions behind. Safety was found initially in a refugee camp in Sweden, but ultimately Canada was the destination chosen. Canada was a land of freedom, hope and opportunity to them.

The agronomist went to work in a paper factory in Riverdale. The lawyer went to work on the order desk at Sears. They found all that they were looking for in this country.

I grew up hearing stories of what happened to my family's homeland and their own many close brushes with fate. I learned as a child that freedom and democracy were valuable, could be easily lost and needed to be defended and nourished.

Inevitably I became highly politicized as a young child. In 1968, we had a Trudeau Liberal sign for Bob Caplan on our front lawn. Trudeau was the champion of freedom and rights we were told. However, soon after that, I saw that prime minister embracing communist leaders like Brezhnev, Kosygin and Castro. Those were the very people responsible for suppressing the freedoms of millions. It had a profound effect on me.

By 1972, as I like to say, I was nine years old and the wisdom of age was upon me. I had become a passionate Conservative. I would start working as a volunteer on campaigns when I was 12 and politics would become my life's passion.

As I was growing up, like all good Estonian emigres, we profoundly yearned for Estonia to regain its freedom, which ultimately did happen in 1991. I would ask my grandmother if Estonia ever achieved regaining its independence would she return. No, she would tell me “Canada is our home now”, and she would add “Canada is the best country in the world. It is a land of opportunity. Anybody can achieve their dreams in this country if you just work hard enough.” My grandmother believed in that word “opportunity” and she believed in Canada.

I often doubted this assurance that she gave me as I was growing up. I encountered all kinds of invisible social and economic barriers that immigrant families typically face, but time would prove she was right. What better proof that anybody could achieve their wildest dreams in Canada, however unlikely, than someone like me becoming Canada's minister of sport.

That opportunity that Canada offers, what this legislation seeks to ensure, is available to all has been very kind to me.

In politics, I had the opportunity to help rebuild the Ontario PC party in the early 1990s when I was party president, not a member of caucus, but we did help to get Mike Harris elected premier.

I had the opportunity to lead efforts to reunite the Conservative movement into a single party federally, including running the campaign on the PC party side to have our membership ratify the establishment of the Conservative Party of Canada, an event that restored competitive democracy to our politics.

As a member of the House, I have had the opportunity to serve as public safety minister, working to keep Canadians safe. My time as trade minister was dedicated to expanding our economic opportunities, making a free trade agreement with Europe our top priority, and initiating or advancing many other free trade negotiations.

I had the extraordinary opportunity to work with Prime Minister Harper closely, as Canada's longest-serving Conservative government House leader. For all of these opportunities, his guidance and leadership, I offer my gratitude.

In all these roles I was blessed to work with extraordinary staff in Ottawa and York—Simcoe, a team that was uniformly bright, hard-working, passionately committed to Canada, and fiercely loyal. That was reflected in what I believe was the lowest staff turnover of any minister's officer on the Hill. They made me look good.

Along the way, I was fortunate to acquire other great supporters, my wife Cheryl, and Caroline and John A. They were a constant reminder to me of why we serve, and they are also a reason to look forward to life away from this place.

When it comes to accessibility, I am proud of much of what we delivered for the residents of York—Simcoe, especially during the Harper government. High accessibility standards can be found in significant projects we delivered, like the new Bradford West Gwillimbury public library and new leisure centre, the expansion of the East Gwillimbury Sports Complex, and Georgina's outdoor recreation facility the ROC.

One of the last projects our Conservative government delivered on was accessibility improvements to Georgina's De La Salle Park Beach. It includes a revolutionary beach mat that allows accessibility for those in wheelchairs right into the waters of Lake Simcoe.

Of course, Lake Simcoe enjoys significantly improved water quality thanks to the Lake Simcoe cleanup fund. It was cancelled by the current Liberal government. However, I am confident that the Lake Simcoe cleanup fund will return again in the future. For over 10 years this Conservative initiative saw almost $60 million from our government harnessed by community-based organizations, who added their financial and incoming contributions to real projects that helped physically remediate the lake environment. This was in addition to other initiatives, like mandatory rules to protect the lake ecosystem from invasive species, a ban on harmful phosphorus in dishwasher detergent, and a ban on dumping waste from water vessels.

Undoubtedly, what I will miss most leaving this job is the opportunity to serve the extraordinary people of York—Simcoe. I genuinely love them. They work hard and simply want the government to give them the freedom to succeed and build a brighter future for their families. They want the opportunity to share in the Canadian dream. We worked to help them by lowering their taxes, encouraging economic growth, and tackling crime to make their communities safer. It was easy to always do the right thing by simply asking myself one question: what is best for the people of York—Simcoe?

As members of the House are debating and reflecting on what to do on this bill, the accessibility bill, I encourage them to consider what a tremendous honour it is to serve in this place. We are privileged to be able to make a real difference for our country in a way that very few ever enjoyed. Our system of parliamentary democracy and the British North America Act, through which John A. Macdonald and the other Fathers of Confederation built our country, has been remarkably successful. We are among the youngest countries in the world, yet we enjoy one of the most enduring constitutions. It has guided our growth and provided the genius that brings people of diverse backgrounds together into a remarkably united country. John A. and the fathers truly built well. They built the best country in the world. Our Parliament is at the core of that constitution.

As I prepare to retire from this place, I want to reflect for a moment on one question that I believe needs more discussion in this country, that is, the relevance of this place. Academics and the media like to talk about the declining influence of the individual member of Parliament, pointing to a concentration of power in the offices of party leaders or party discipline as the culprits. However, there is another real factor rendering the work of MPs less relevant. Little has been said, at least until recent weeks, about the growing tendency of the courts to strike down the laws that the people's elected representatives enact, including many laws that were explicitly part of the platforms those MPs promised they would enact if elected. I can assure members that, from countless conversations with constituents over the years, many find this difficult to square with their idea of a how a democracy should work. I believe that if we want to give meaning to the work that we all do here, the time is overdue for a discussion of the appropriateness of a bit more deference to the decisions of the democratically elected legislature. A proper balance requires a restoration of reasonable deference to the decisions of Parliament.

Another favourite of the critics has been to deride partisanship as causing corrosion of Parliament. None of the members will be surprised to hear me rise to defend the unpopular notion that partisanship strengthens our system.

The bill we are debating today is what many would call “motherhood”. After all, who could oppose greater accessibility and the opportunity that comes with it. Colleagues would say we would be crazy to oppose this bill and to address its flaws in debate, but such a debate should be encouraged. It is through debate between competing perspectives, which our system encourages, that we constantly improve things and find a better way. Through contrasting choices and perspectives, we make democratic choice work.

Partisanship is the fuel that makes our system work. Clear partisan sides also improve accountability. Voters do not go out and research what their individual MP on every vote, on every bill, on every issue. It is enough to know where their party stands.

Now, some say Parliament would work better if only the parties worked together more instead of opposing each other so often. It is at exactly at such a time when there is no debate that citizens should become concerned. That is when the flaws in government become hidden. Therefore, let us celebrate the partisan divides that have made our system of parliamentary democracy so successful for centuries.

Now, returning to the bill, clause 51 addresses the role of the CRTC in the area of information and communication technologies. This provides me the opportunity to thank the media for their always fair treatment over the years. For example, members will recall countless critical articles, and radio and TV news pieces taking me to task for my approach to managing the House, for my using time allocation to schedule our business and votes. Now that my successors in the current Liberal government have shown a similar affection for Standing Order 78, I have been heartened to see them on the receiving end of a similar stream of criticisms, as well as a number of full-throated apologies to me for the fashion in which the media took me to task. Okay, that has not really happened. I am confident it will happen really soon because, after all, I remain hopeful that the media are always fair in this country.

In a more credible fashion, I want to thank the many volunteers on my riding association, executive, and campaigns. They give and have given so generously of their time, simply because they cared about their country and their community and believed in our efforts to make Canada and York—Simcoe a better place.

The bill before us talks about encouraging participation in Canadian society. Participating in our democratic processes is one of the most important types of participation. Everyone has the same kind of people who have helped them. They are true citizens, people who give back, genuinely care and who make our democracy work. They are largely unsung and underappreciated, but all of us and our communities are greatly in their debt.

As I leave elected politics, I will return once again to being one of those people, a dedicated volunteer working hard for his party. The decision to leave politics is one of the most difficult to make. It is easy to follow the path of least resistance and just keep on going, but I am confident that for me, now is the right time to take my leave from this place. I will miss much. My family, who have been full partners and enjoyed the extraordinary voyage we have travelled together, will miss it too. Already, people have witnessed the sad sight of me and my former colleagues sitting in a corner at the Albany Club sharing stories of the good old days, and we will no doubt go on doing that. They have not just been good old days; they have been great old days. We had the opportunity to serve, to make a difference, to make Canada an even better place.

It has been an honour.