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.

[John M. Rafferty, President and Chief Executive Officer, CNIB Foundation]

Thank you very much, Madam Chair.

My name is John Rafferty. I'm the president and CEO of the Canadian National Institute for the Blind, best known as CNIB.

CNIB has been part of the Canadian landscape for over 100 years with a continuous mission to ensure inclusion and accessibility for all Canadians who are blind or partially sighted.

Currently, the Government of Canada data shows that there are 1.5 million Canadians living with sight loss. We have a long history of working with governments going back more than 90 years, advocating for the accessible voting act for Canadians who are blind, and working most recently with government across all disability sectors on BillC-81, the Accessible Canada Act.

Today, we are here to talk about smart devices, affordability and access. Smart devices over the last five or six years have changed the way Canadians with disabilities are able to interact. With developers developing new applications all the time, a smart device can allow me to navigate safely in the physical environment. It can allow me to read prescriptions when I can't see and safely take medications. It can keep my connected the way it keeps others connected. These devices and applications are about a person being able to interact in the community.

In areas of education and employment, access to high-speed data and affordable plans are more important. For Canadians who are blind or partially sighted, with a full-time employment rate of just 28%, affordability of data is critical. These devices may be smart, but if they're not connected, they really are not. More and more, now is the time for us to look at closing this gap. We are looking at addressing issues related to applications that are there for the safety of individuals who are blind or partially sighted, and to even consider looking at applications that should be exempt from data charges at all.

We urge this committee to take a look at affordability, access for both rural and remote Canadians, and also for all Canadians with disabilities.

I look forward to questions you may have.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Thank you.

During the study of Bill C-81 in the previous Parliament, we heard repeatedly about the importance of the accessibility lens when government programs are being created, as well as the importance of plain-language communications. The point was well made, I think, that all Canadians benefit from greater accessibility. Certainly, in the area of plain language we can see how it would have improved the government's response, as so many Canadians are now being required to pay back CERB.

A lot of the testimony we've heard has underscored, in my view, how far we are from achieving an accessible Canada. Can you speak to the opportunities for the government to help ensure an accessible Canada in its ongoing response to COVID-19 and, as a learning opportunity, where the government may have missed the mark on it?

[Angela Bonfanti]

It's really important for us to talk about the fact that this is not a one-pronged approach. The stimulus is a great first step for individuals. We also need to be talking about accessibility and inclusion from the legislative side of things. We also need to be talking about employers and the incentivization to help ensure that people with disabilities continue to join the workforce as we go.

We were very vocal throughout the development of Bill C-81 around nothing for us without us, and I think that needs to be very much at the helm of anything that is decided by way of managing the pandemic moving forward for this particular group of the community.

Also, there are roughly 90,000 registered Canadian charities out there. Paulette and I are two of many. However, there are few of us that deal directly with Canada's most vulnerable. I believe there is still an opportunity to prioritize any further stimulus for charities dealing with Canadians in difficult situations directly and to look at a potentially long-term support that is scalable so we can catch up with our revenues as we move forward.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

No, that's okay.

I was part of the study on Bill C-81. I recall the need for plain language and that it was kind of drilled at us that the government has a responsibility in helping create a culture of inclusion and equity.

I quickly want to know if any of you could provide this committee with examples of how the government can better ensure accessibility in its COVID-19 response.

[Benjamin Davis]

Good afternoon.

I'm pleased to present to your committee key priorities for Canadians affected by MS. Canada has one of the highest rates of MS in the world. An estimated one in every 385 Canadians live with the disease. It's a chronic, episodic, progressive and often disabling disease of the central nervous system. Since that includes the brain, spinal cord and optic nerve, MS can affect vision, memory, balance and mobility. On average, 11 Canadians are diagnosed with MS every day.

The MS Society has heard the personal and profound stories of life with MS from Canadians, the struggles in the workplace, the financial difficulties families are facing to make ends meet, the frustrating barriers in accessing Health Canada-approved therapies, appropriate care, housing and social supports, and of course, the hope that research gives to the tens of thousands of Canadians living with this disease.

To address these realities, I'll present our recommendations on employment and income security, access and accelerating research.

First is employment security. People with MS want to work but struggle to continue to work. We need to update the definition of disability to include episodic. A staggering 60% are unemployed and that needs to change. Often the problem is one of flexibility and accommodation, and an understanding of episodic disability.

Last year, the HUMA committee studied Motion No. 192, episodic disabilities. Its report, “Taking Action: Improving the Lives of Canadians with Episodic Disabilities”, made 11 important recommendations that now need to be implemented, including extending the duration of the EI sickness benefit from 15 to 26 weeks.

The second area of priority is income security. The costs of paying for medication, services, equipment and treatment are a significant burden for people with MS and their families. Intertwined with this burden are complicated application processes, requirements for numerous verified medical forms and strict eligibility criteria for programs. When MS stops people from working, they should be able to access adequate income and disability support. This situation is amplified for women. In Canada, MS affects women three times as often as men.

We recommend the following. First, make the disability tax credit refundable. Second, implement the 11 recommendations in the HUMA committee's Motion No. 192 report. Third, change the eligibility criteria for the Canada pension plan and disability tax credit to include those with episodic disabilities, using the new Accessible Canada Act's definition of disability.

The third area of priority is access. Access to comprehensive treatment, care and appropriate housing is a must. We recommend the following to make access a reality for Canadians. First, implement the Accessible Canada Act to ensure a barrier-free Canada, with a specific focus on programs and service delivery, employment, built environment and transportation. Second, we recommend, through intergovernmental health agreements, investing in comprehensive home care, and for those unable to remain at home, funding the development of appropriate housing through the national housing strategy. Third, we recommend increasing access to Health Canada-approved treatments, as early intervention is vital to avoid many of the long-term economic and personal costs that result from unnecessary, irreversible disability. The needs of people with MS and their families should be at the centre of health and drug policy decisions.

The fourth and final priority area is accelerating research. Research is key to new treatments, better quality of life, and ultimately, a cure. Canada remains at the forefront of MS research around the world. Through generous contributions from donors, corporate sponsors and fervent fundraisers, the MS Society has invested over $175 million in research since its inception in 1948.

The MS Society continues to fund fundamental research, as we still don't know what causes MS or how we could prevent it in the future. First, we recommend the federal government continue to invest in basic scientific research. Second, we recommend that the federal government connect with health charities to ensure the patient voice is part of setting research priorities. We believe that federal research funding programs should be informed by the perspectives of patients, their caregivers and health care providers. Finally, our third recommendation is to partner with health charities to turn innovative research into real-life treatments.

There are a number of partnership opportunities within the impact goals of our own new strategic plan: advance treatment and care, enhance well-being, understand and halt disease progression and prevent MS. For example, the Canadian prospective cohort study to understand progression in MS, otherwise known as CanProCo, is an innovative public, private and philanthropic partnership that will allow researchers and clinicians to observe a large group of people living with MS from across Canada over a period of time, and collect data from them. Analyzing this data will answer fundamental questions as to why and how progression occurs, which is key to improving diagnosis, treatment, health services and health outcomes.

Thank you for this opportunity to speak and share with you the priorities that Canadians affected by MS want you to take action on: employment, income, access and research.

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Many constituents are new immigrants. They have a lack of English and they're not able to battle through the telephone system. There are other people who are vulnerable, and they want accessibility.

As you know, Bill C-81 has come. What are the improvements you are making regarding Bill C-81 to give better services to the constituents?

[The Chair, Liberal, Bryan May]

Given that Bill C-81 has now received royal assent, is there a sense that there is significant work to do within the call centres in terms of accessibility?

[The Chair, Liberal, Bryan May]

Thank you very much.

I don't often do this, but if the committee will indulge me, there is something that was just brought up by the last two questions. You talked about time, accuracy and accessibility being standards. Were there any conversations or any questions regarding Bill C-81 or the accessibility legislation that is now in place? Is that something that was ever part of the conversation?

Budget Implementation Act, 2019, No. 1

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, surely the member cannot be as unaware of the arguments that people have been making, including in the media, about the reality of the effects of this, at least as unaware as he may have been about the process that Bill C-81 followed in the House.

Eligible media organizations are precisely the hinge point in this issue. It is the government, through this panel, that will determine who should be considered eligible to access this funding and who should not. Yes, we are talking about something that involves a cost to government of $600 million.

Therefore, there is a cost, and it only applies to eligible media organizations. The member knows that who fits into that box and who does not will be decided by a panel that includes Unifor. I did not just make that up. It was not an invention of the opposition. Anybody who reads the papers or consults the independent media about which he speaks will know that the government has created this panel, it does in fact include Unifor and that many of the leading journalistic voices in the country have criticized it.

Persons with Disabilities

[Carla Qualtrough, Liberal, Minister of Public Services and Procurement and Accessibility]

Mr. Speaker, on the eve of our third annual National AccessAbility Week, and of course with Bill C-81 having gone through this House last week, I can assure every Canadian that we will find jobs for these workers. In fact, we are showing them the dignity of giving them meaningful work so that they contribute to government operations.

I have been working with the organization. No one will be without a job.

Opposition Motion—News Media Industry

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, my friend across the way has a habit of debating things in the House that he clearly has not read about, because he is not aware of what this motion is about. The motion is about the inclusion of Unifor in the distribution of funds.

Yesterday he went after me on Twitter, saying that I had put Bill C-81 at risk of not passing because it might not have time to go through the Senate. Actually, he did not know that when we were debating Bill C-81, it had already passed the Senate, and we were debating Senate amendments. He has a habit, without reading or understanding the detail, whether it is Bill C-81 or this motion, of taking strong opinions and attacking people.

Let me be very clear for the benefit of the member: This party will always stand up for small businesses. We do not accuse small business owners of being tax cheats; we create a competitive environment that is beneficial for small businesses and entrepreneurs, which includes journalists. That does not include having Jerry Dias at Unifor involved in deciding who gets a government bailout. That is not something that we see as part of an agenda to advance and protect small business.

Persons with Disabilities

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, Mr. and Mrs. Karki, age 66 and 69, missed their flight from Vancouver to Edmonton after being left in their wheelchairs without assistance for hours at the airport. They could not go to a washroom or even get a drink of water.

The Liberal government passed an accessibility act that exempts the Canadian Transportation Agency from enforcing it. How can we rely on airlines to include people with disabilities when Liberals failed to make it mandatory in Bill C-81?

Convention on the Rights of Persons with Disabilities

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I rise today to inform the House that Prince Edward Islander Hannah MacLellan will be representing Canada at a UN conference on the Convention on the Rights of Persons with Disabilities in New York next week.

At 20, Hannah has already made her mark in P.E.I. politics. She was the driving force in the adoption of a bill known as Hannah's Bill, which passed through the P.E.I. legislature in 2016.

While working toward a degree in human rights and disability studies, Hannah has been an active member of the Carleton University Young Liberals and is a valuable employee in my office. She has been a fixture in the gallery of this place, especially during the debate on the government's bill to create a barrier-free Canada. Hannah most recently represented the riding of Cardigan in Parliament for Daughters of the Vote, where she gave an impassioned speech on Bill C-81.

I am proud to say that persons with disabilities have a formidable advocate in Ms. MacLellan. Today also happens to be her birthday. I wish Hannah a happy birthday.

Persons with Disabilities

[Kate Young, Liberal, Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility)]

Mr. Speaker, our government believes that all Canadians deserve to have the same opportunities and chances at success. Bill C-81, the accessible Canada act, was passed with unanimous consent this week. Once it receives royal assent, it will allows us to transition from a system where Canadians with disabilities have to fight for every basic access, to a new system that systematically identifies and prevents barriers from the start. This legislation reflects the work and commitment of those in the disability community who, for years, have been tireless advocates of an accessible Canada. This success is theirs.

Criminal Records Act

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I will be pleased to speak to Bill C-93. However, before I do, I want to congratulate all my fellow Albertans celebrating carbon tax freedom day. I also want to thank the new provincial government in Alberta for keeping its promise, which is something my friends across the way do not know. Maybe they can wait for the translation. It kept its campaign promise to repeal that bill. I also want to take this opportunity to wish our new premier, Premier Jason Kenney, a happy birthday.

Bill C-93 is a bill basically to provide no-cost expedited record suspensions for those who received a criminal record for pot possession. It proposes to make changes to the pardon process to waive the fees for past pot possession convictions. It will assist Canadians who were criminalized for possession of pot that is now legal, waive the usual wait time and also amend other acts.

We generally support the bill, but I have to agree with my colleague from the riding of Victoria, and it is a dad joke, when he called it half-baked. We will support the bill. It is not perfect, but it is a step forward. I am sure when the Conservatives are back in power, we will take the time to fix the weaknesses in the bill.

The Conservatives at committee put through several valid amendments, which I will discuss here.

First, we put forward an amendment to allow for record suspension applications to be made through an online portal to make it easier and most cost-effective for Canadians to apply. Unfortunately, that was voted down by the Liberals.

We put forward an amendment to allow for applicants whose records had been destroyed to sign an affidavit explaining their circumstances and swearing that they were eligible. This would bring procedural fairness, which was criticized by several witnesses. It was originally passed at committee and then unfortunately defeated by the Liberals at a later stage.

We put forward an amendment to reinstate the Parole Board's power to cause inquiries to be made to determine the applicant's conduct since the day of conduct. It was unfortunately defeated by the Liberals.

We also put put forward an amendment with respect the Parole Board's power to cause inquiries with respect to any factors that may be considered in determining whether ordering the record suspension would bring the administration of justice into disrepute. That was also defeated by the Liberals at committee.

Finally, we put forward an amendment to require that the Parole Board include in its annual report a review of the success rate of this legislation and the associated costs. This actually was approved.

The Canadian Police Association put forward an amendment, which we hope the Liberals will consider. This is the police asking that the Parole Board retain limited flexibility and discretion to conduct investigations and to ensure that the small number of applications from habitual offenders, not all, are vetted. This would ensure that these individuals would not take advantage of a process that was clearly not intended for their cases.

There are some fiscal implications of the bill.

The Department of Public Safety and the Minister of Public Safety think it is around $2 million. They have not done any fulsome studies, but they guess it is around $2 million. It is funny timing for the minister to say that, basically at the same time the Senate has forced through Bill C-81, the new backdoor gun registry bill.

I want people to think back to the Liberal government years ago and Allan Rock. The government said that the gun registration would only be $2 million. It ended up well over a billion. It ended up costing Canadian taxpayers about $1.3 billion. Of course, with this massive spending oversight, what did the Liberal government do? Much like it does today with all its other mistakes, errors and incompetence. It blames someone else. It blames the provinces and the gun owners themselves.

[Member spoke in Latin and provided the following translation:]

Beware of Greeks bearing gifts.

[Member spoke in Latin and provided the following translation:]

Beware of Liberals promising just $2 million costs.

[English]

The government apparently has not done a proper study on the costs or timelines. The fee previously was $631, which I understand had been moved up previously in 2012, on advice of bureaucrats who said that was the general cost of arranging the cost of the suspension. Now the government is saying it expects it to be $250. Where did $250 to the penny come from? We do not know because they have not done their homework on it.

It is currently five to 10 years to get the suspension, but the public safety minister said he could not offer a timeline as to when that would happen. He said that the critical point was not the cost or the actual timeline to help Canadians; it was getting the bill tabled. It was not the actual results helping Canadians, but it was the announcement of getting this bill tabled.

I have to ask, why now? The government has also said this is fundamental transformation. If it is critical and a fundamental transformation, I have to ask why the government waited until the final three weeks to put the bill through. Obviously it has been rushed through for political reasons.

I have looked at the departmental plans, and remember these are the plans that the minister signs and that are tabled in the House. This is not just nominal propaganda; these are actual documents tabled in the House, showing the government's plans for its departments.

These are the Liberals' targets for this year. The percentage of record suspensions that are processed within an established time frame is 95%, but the Minister of Public Safety says there is no time frame. Why would they commit to a target of 95%, table these numbers in the House and at the same time tell Canadians they do not know where they are going to help. I do not know if they do not have a clue, do not know what they are doing with their departmental plans or are just being disingenuous.

I also note that the departmental plans for 2018-19 for the Parole Board go out three years. When we factor in just 2% inflation, they are cutting 8.6% of the Parole Board's spending. This is in the Parole Board's departmental plans. These are actual plans, submitted in the House for long-range forecasts, which show they are cutting 8.6% of Parole Board funding.

When the member for Yellowhead submitted an amendment at committee, suggesting that people be able to apply online for this, members were told by the Parole Board that it could not offer it because of technical limitations. Apparently they do not have enough money to develop the technology, but at the same time we are going to allow this new process with up to 250,000 Canadians applying.

When we look at the Parole Board's departmental plans, which are also required to show labour going forward, they have not added a single body from the 2016-17 year. From last year to next year, they added five bodies. They are going to process perhaps up to 250,000 of these suspensions with no extra labour. Why do they think they can do all this extra work without providing extra bodies and while at the same time cutting 8.6% from the Parole Board budget going forward?

If getting it tabled is as critical as the minister says, and if it is so transformational, why has the government not provided for long-term funding in the departmental plans? It is not even mentioned in the public safety minister's own departmental plan. I remind members that all the pardons for the unjust criminalization of same-sex activities will be going through at the same time, yet with no extra bodies.

This is right from the Parole Board's departmental plan, signed off by the Minister of Public Safety. It says the volume of applications forecasted to be received this year or next year remains the same. We have all the applications from the unjust criminalization of those in same-sex activities all those years ago and potentially 250,000 Canadians who can receive a pardon for pot possession. The government has provided no extra resources and no extra staff, and has actually said there is not going to be any increase in applications over the previous year.

Again, I have to wonder how seriously the Liberal members are taking this. They say it is transformational and critical, but like so many other things, they leave it until the last second and rush it through. Are they pushing it through solely for their political agenda and for political reasons? The evidence shows they are. If they actually really cared about Canadians, they would have tabled this legislation at the same time they legalized pot. They would have taken the time to perhaps consider the other amendments put through by our party, the NDP or law enforcement members.

While we support the bill, it is another example of lazy legislation by the government.