Bill C-81 (Historical)

Accessible Canada Act

An Act to ensure a barrier-free Canada

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.

Accessible Canada Act

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

Before going to questions and comments, I want to congratulate the hon. member for York—Simcoe.

I want to fill him in that, as an occupant of the chair, there are 337 other members in the House that one looks to. There are often people who get up on a point of order or question of privilege, and we know that they have some idea of what they want to say. However, any time the hon. member for York—Simcoe stood, I knew he would have it well thought out and understood the rules. What was going on in my mind was, “Where the heck is he going to take this and where is he going to come from to make his point?”

We are going to miss you. Your constituents are losing a wonderful MP. Whether I agreed, or anyone else agreed at the time, the hon. member was very effective when he did bring up his points. There will be some large shoes to fill. I wish him all the best.

Questions and comments, the hon. member for Cape Breton—Canso.

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, it is a great pleasure to address the member for York—Simcoe. I know he did not want a whole lot of intervention at this point because he is kind of a soft guy and did not want to get emotional today. We will try to step back from that.

I very much want to thank him for sharing that history of his family and giving his colleagues in the House that reflection back. That is what shapes all of us parliamentarians and people. I thought it provided tremendous insight into how he came here and grew and came to the light, as he said, although some of us may talk about that on division.

I have had the opportunity to work with him in the House for 14 years, and on a number of different issues in a couple of different committees. When he was House leader, I was the whip of the official opposition, and I can say with great certainty that although his reputation was one of toughness and hardness, without question he was fair as well. When we look at where the tone of the conversation in politics has gone, especially south of the border, but in some cases in this country too, he was never one to get personal. He was smart and tough on the issues and tactics, but he would never get personal. He was always disciplined in that regard, and he will always carry the respect of anyone who has watched and worked with him.

I know he will be missed by his caucus colleagues and by the people from York—Simcoe whom he has represented. He may not be missed as much by the government members, but this is only because he was effective in his job.

I have no questions on behalf of our side, but I just want to comment that when he and his wife Cheryl ride off into the sunset, I know this will not be the end of it. This a family thing, and when all of us make that decision, it will be based on what our family has been through over the years. We know that the member's family has supported him and continues to support him, and the member should know that he has earned his chops in this place. On behalf of our party, we want to thank the member for his service to this country.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I thank the hon. member for his very kind and generous intervention. Certainly the assessment of being tough but fair is one that I will carry forward with great pride. I thank him for that. Hopefully I will apply that same tough but fair approach in my new life practising municipal law with Aird & Berlis. It is the field I was in before I entered politics, and now I am returning to it. It is as if life is a circle. Thank you very much.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I thank my hon. colleague for his speech. It was enlightening. I think it was very important that he underscored the significance and pertinence of full and free debate and discussion in the House. However, he also talked about time allocation. Did he intentionally leave his notes on complex, and perhaps less direct, procedural proceedings in his desk for the current government?

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, having sat on the other side and heard so many discussions from this side, certainly I was under the impression that we would never see time allocation. Indeed, I am disappointed that on my last day I will not have the opportunity to vote against one of those time allocation motions that the Liberals said they would never introduce.

I am pleased to see that as history has moved forward, perhaps the wisdom of my approach is being validated.

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Mr. Speaker, it has been a great pleasure, and often a challenge, but a rewarding one, to work with the member for York—Simcoe over the last 14 years. He is a man of integrity and opinion, and sometimes he likes to share that opinion. He has also been a great student, as was mentioned, of Canadian history. He has a particular passion for our first Prime Minister, Sir John A. Macdonald. Despite his son's name being John A., the member for York—Simcoe swears that he did not name his son after his hero. I do not know anyone in this House who has ever believed that.

That said, the member has been a very hard worker on behalf of his constituents for many years now. He has also given us something that we rarely hear in this chamber, and that is the gift of oratory. Last year there was a particular speech in which the member had us in the lobby spellbound when he started talking about Canadian history and the roles various leaders had played within that. He did it with such grace, eloquence, knowledge and passion that I could not help but think, “Why do we not hear more of this these days?”

It was a shining example of a great MP, for which I thank him. I was so glad I had that experience. I am really wondering if the member has considered a compilation of his great speeches, whether it be in book form or even on his own YouTube channel, for the rest of us to enjoy in the future.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I think the speech that I am best known for is the one where I start, “I wish to advise the House that we have failed to reach an agreement with the members of the other parties regarding a process and henceforth move....” That, of course, is time allocation.

I thank the hon. member for her kind intervention. We have in common a deep history and links to, let us call it, the extra-parliamentary party side, working for our party and helping it to succeed. I know I will be in touch with her in the future as she continues to do that work as I do it from the other side as an ordinary citizen and volunteer once again. I thank the member again for her kind comments.

[Kyle Peterson, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I just want to take this opportunity to wish my colleague well. We share a riding border. Green Lane is the name of the road, for those not familiar with that part of the world. We tend to see each other from time to time.

It was always a pleasure to be at events with that member. I got to know him a bit over the years, just through our involvement in the riding. I know his father-in-law quite well. I know that he, for one, is looking forward to spending more time with the member for York—Simcoe. I suspect that the feeling is mutual.

As a member from York Region, as the member for York—Simcoe is, there were times not that long ago when the Liberal York Region caucus was quite small. It grew after the last election. The size is in flux once again. This member was always a pleasure to be around at local York Region events. He served his community well.

Like me, the member has a passion for history. I think it is appropriate at this point that someone who is such an advocate for Canadian history and who has such a passion for history will now become part of Canadian history, which is a testament to his role in this House. I wish him well, and I want to congratulate him on a great career of public service.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I am not surprised that a Liberal would take delight in calling me history.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, during the last three years, I have had the pleasure of sitting behind Peter Van Loan in this borderline between New Democrats and Conservatives. I can safely say that on most policy issues, there are probably no two people in the House who agree less than Peter and I. However, we found a sense of camaraderie, and both of us really do believe in the importance of this institution.

There are two things on which we do share agreement. One of those is the importance of Canadian history. I thank Peter for his constant reminders of the importance of Canadian history in this House. The second, strangely enough, is the monarchy. Peter and I share being monarchists. I believe the constitutional monarchy is one of the foundations of our democracy, because when one is from my community, one knows it is hard to upstage a queen.

I wish Peter all the best in the future and want to say, personally, that he will very much be missed in this House.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I very much enjoyed the time with the hon. member for Esquimalt—Saanich—Sooke. He has similar roots as a party operative in the past, and that often brings people together, even across different parties, because we know what we go through to make this system of democracy work, and he has certainly been part of that in the past.

I appreciate his comments on history and on the monarchy. My wife will be very encouraged to hear him take that position, and as shadow minister for Canadian Heritage, a role I held for the past three years, that was something that was important to me.

Most important of all, it is fair to say that we have become friends, notwithstanding differences on many issues. At the end of the day, while we should always be suspicious of friendships across party lines, I have quite enjoyed his friendship and that of many others on the other perspectives.

When we become committed to this institution, to the way it works, to the way the House works and the way our democracy works, when we can see past the issues to see the importance of that and that in the end, the people who tell us what to do are always right, this democracy works well. There can be no better place for it and no more wonderful place for it than in this august chamber.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

It is an honour to be sitting in the chair for the closing of this chapter of Canadian parliamentary history. I wish the hon. member all the best.

Resuming debate, the hon. member for Calgary Centre.

[Kent Hehr, Liberal, Calgary Centre, AB]

Mr. Speaker, I will be splitting my time with the member for Saint-Laurent.

It is an honour and a privilege to rise in this House to discuss the important issue of accessibility and how our government is addressing the systemic barriers in our society through the proposed accessible Canada act.

As a Liberal, I tend to view public policy through the lens of equality of opportunity. Government policy should level the playing field for individuals and groups in society. For instance, whether one is born of a rich family or one that struggles, one should have every opportunity to succeed. In order for this to happen, there needs to be a role for government. Public health care, public education, and student loans and grants all contribute to ensuring that this basic premise is achieved. However, if we look at the unique challenges faced by Canadians with disabilities, the promise of equality of opportunity has fallen short thus far.

I know first-hand of these challenges and barriers that hinder full inclusion for Canadians with disabilities. On October 3, 1991, my life changed forever. I was a victim of a random act of gun violence and became a C5 quadriplegic. Overnight, things I never thought twice about became significant challenges in my day-to-day life: finding a home that I could physically enter, accessing caregivers simply to get out of bed in the morning, navigating university, accessing technology or even just trying to find employment that would accommodate my unique needs. Clearly, and in no uncertain terms, things I took for granted became more difficult.

My case is not unique. Fourteen per cent of Canadians are living with a disability. That is one in seven. These Canadians face significant and unique challenges solely because they have a disability. A recent study conducted by Statistics Canada found that Canadians with disabilities are significantly less likely to be high school or university graduates and are two times more likely to be unemployed or not in the labour force. Canadians with disabilities also face income challenges. Among Canadians with a disability, one in four is low-income compared to one in 10 for the general population.

Our government knows that everyone has something important to contribute to one's community and to Canada, and this includes those in this country with disabilities. They just need the playing field to be levelled. Our government is following through on our mandate promise made by the Prime Minister to develop and introduce new accessibility legislation. We have developed legislation that is ambitious and that would lead to more consistent experiences of accessibility across Canada.

The proposed legislation is founded on six key principles: inherent dignity, equal opportunity, barrier-free government, economy, inclusive design and meaningful involvement. Let me be clear. We are taking a whole-of-government approach to the issue of furthering accessibility in this country. From our national housing strategy to the Elections Act to embracing visitability, we are enacting legislation that brings real change for Canadians with disabilities.

With the tabling of Bill C-81, the accessible Canada act, we are showing Canadians that we are serious about creating an accessible Canada. To inform the development of this new bill, our government conducted the largest and most accessible consultation on disability issues our country has ever seen. The consultation ran from June 2016 to February 2017. I am proud that more than 6,000 Canadians and over 90 organizations participated across the country.

Over and over again, we heard from Canadians that this legislation would need strong measures, with teeth, to make sure that it gets the job done. We listened, and we have a plan to make sure that accessibility is a priority for all areas under federal jurisdiction. Our government has tabled legislation that will ensure co-operation between the Government of Canada, people with disabilities and other stakeholders to create new accessibility standards and requirements.

As my colleagues have described, these new requirements would apply to all organizations in federal jurisdiction. These new requirements would identify and remove existing barriers and prevent new ones in priority areas, such as the built environment, service delivery, employment, transportation, information and communication technologies, and the procurement of goods and services.

We heard in our accessible Canada consultations that Canadians want legislation with enforcement. That is why our bill proposes measures to ensure meaningful and lasting change when it comes to barriers to accessibility. We want to make sure accessibility is practical, convenient and second nature.

We know that Canadians expect a range of strong compliance and enforcement measures that would be applied progressively. Our bill ensures that these measures would be supported by technical knowledge and progressive enforcement. This includes inspections and audits to verify compliance and a progressive suite of tools, including orders and warnings, compliance audits and monetary penalties of up to $250,000.

Our government knows that it is impossible to address all barriers to accessibility at once. That is why we would also ensure that there are mechanisms for individuals to have their specific circumstances addressed and barriers to accessibility removed.

In addition to the existing Canadian human rights process that responds to discrimination under the Canadian Human Rights Act, individuals would have the ability to bring forward cases of non-compliance with regulated standards under this new legislation. They could get redress for harm done to them, which could include reimbursement of expenses and lost wages or compensation for pain and suffering.

This bill represents a real transformation of the Government of Canada's approach to accessibility. Up until this point, the responsibility for fixing accessibility issues has rested on people with disabilities, who had to pursue action through the Canadian Human Right Commission and the courts.

I am happy to say that Bill C-81 is changing that. No longer would Canadians with disabilities be expected to fix the system by themselves. Instead, these new proactive compliance and enforcement measures would help ensure that organizations under federal jurisdiction are held accountable for removing barriers and improving accessibility.

I believe strongly that this initiative, with its combination of encouragement and enforcement, would increase inclusion and fairness in our country. It would set the bar and become a model for organizations all over Canada and across the globe. If passed, this law would also ensure uniformity and fairness in its application.

This is why this legislation is receiving such widespread support. With this legislation we are continuing the march of progress for people with disabilities. It would lead to a more inclusive Canada and a more fair Canada, a place where equality of opportunity exists for people with disabilities in this country, a Canada where people with disabilities can reach their individual potential and be recognized as valued citizens.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank my hon. colleague who certainly speaks from a place of deep knowledge of the subject and, of course, of personal triumph over a horrific and tragic accident. One hates to think of what it meant in his young life to have had that stray bullet.

I want to speak of this bill, and ask for my colleague's opinion of those people across Canada who celebrate that this bill has been brought forward. Does he agree with me that they are almost unanimous in saying this bill needs to be improved at committee? There should be more about it is that is obliging the government to act, rather than encouraging it to act.

[Kent Hehr, Liberal, Calgary Centre, AB]

Mr. Speaker, I thank the member for her kind words. I know this legislation would bring many significant steps forward, where government would, at least within federal jurisdiction, be able to address the concerns of people with disabilities, for example through an internal process where people who are seeking employment in government get the accommodations they need to succeed and thrive. The places where we want procurement policies, we need to look at how we reach out to ensure those organizations have accessibility legislation and how they will move forward in trade and commerce.

I can also highlight this bill and its effects on government service. The day and age of people not getting through the door is essentially over with this legislation. It puts a proactive onus on government to move forward and look at things with an accessibility lens that I believe will be very helpful for people with disabilities and those trying to navigate an often complex system.