Accessible Canada Act

An Act to ensure a barrier-free Canada

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

Sponsor

Kirsty Duncan  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

Votes

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

Accessible Canada ActGovernment Orders

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

Karine Trudel NDP Jonquière, QC

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

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

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

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

Accessible Canada ActGovernment Orders

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

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

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

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

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

Accessible Canada ActGovernment Orders

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

Earl Dreeshen Conservative Red Deer—Mountain View, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Accessible Canada ActGovernment Orders

September 24th, 2018 / 12:10 p.m.
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Arif Virani Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Madam Speaker, I rise today to speak in support of Bill C-81, an act to ensure a barrier-free Canada. With this bill, our government is fulfilling our commitment to guarantee the full and equal participation of all persons, especially persons with disabilities, in society.

The consultation previous to the tabling of this legislation was vast, an important part of our government's commitment to hear from Canadians on issues that affect them. More than 6,000 Canadians participated in various ways. We held 18 public engagement sessions, nine round tables, a national youth forum and an online questionnaire. The principle, “Nothing about us without us”, was embraced for these accessible Canada consultations, which asked all Canadians to think about what accessibility means to them and what it could mean to their communities.

The consultations were the most inclusive and accessible for persons with disabilities in Canada's history. These consultations informed the legislation that is before us today, the accessible Canada act, which would work to remove barriers for persons with disabilities in numerous ways. Among other things, it would create the role of a chief accessibility officer; it would reinstate the disability advisory committee, which had been dismantled by the previous government; and it would enhance the opportunities fund by adding $40 million per year, which would fund employers to hire persons with disabilities and provide the framework to create more accessible environments. In total, our government would pledge $290 million over the next six years to implement this important legislation.

I want to take a step back from the current legislation and focus locally on my riding of Parkdale—High Park. This summer, I hosted a town hall in my riding to hear from my constituents regarding the accessible Canada act. I was joined by eight panellists with various backgrounds and expertise, including David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance and law professor at the University of Toronto and Osgoode Hall; Renu Mandhane, the chief commissioner of the Ontario Human Rights Commission; and Jeff Adams, a Paralympian gold medallist and six-time champion in wheelchair sports. The town hall was to explain this new legislation and take questions on it from my constituents. It was an educational experience not only for the individuals in attendance at the town hall but also for me.

We set out to organize this town hall with the goal of ensuring that it was completely accessible for all persons with disabilities. My staff and I attempted to take into account the numerous and varied barriers that might affect the ability for a person with a disability to participate meaningfully in the meeting. However, many were brought to our attention that we did not anticipate. For instance, we sent out an email to constituents informing them of the upcoming town hall, with a poster enclosed as a PDF attachment, something I think many members in this House might have done. We quickly learned that the document we created was not accessible for those with a visual impairment. The poster needed to be in a format where a screen reader could interpret the text, such as text contained within the body of an email, not as an attachment poster, so that screen-reading technology could communicate that material to those who are visually impaired.

We also made sure to bring a sign language interpreter at the town hall so that those with a hearing impairment could understand and participate in the discussion. We found that some people are hearing impaired, but do not understand or know sign language. Therefore, to ensure that my town hall was as inclusive as possible, we had on-site live captioning for those who are hearing impaired, but do not understand sign language.

Finally, we resolved to host the town hall in a fully accessible building that was also large enough to accommodate all of the guests who wished to attend. This meant that there were fewer buildings to choose from in my riding, but in the end, we hosted the event at the Swansea Town Hall, a level and spacious venue that was fully accessible. Thanks to Swansea Town Hall for hosting this.

However, the experience of organizing the town hall cemented my view about how important it is to have this piece of legislation move actively forward. As a government, as a Parliament, we must ensure that we establish a framework for a truly inclusive Canada and that as many barriers to access are removed for individuals with disabilities as possible. I was fortunate to receive important feedback that evening from my constituents, from persons with disabilities and from relevant experts. They will contribute to this bill and make it even stronger.

This is the start of a very important conversation about accessibility in Canada, one which I would state is long overdue, but I am happy to report that this conversation is already bearing fruit. Not less than four weeks after holding my town hall, I was honoured to host the Prime Minister in my riding for the Bloor Street West Ukrainian festival and the Roncesvalles Polish Festival, both the largest of their kind in North America. Over 500,000 people visit these two festivals over the course of the weekend. At the opening ceremonies of both festivals, I brought a sign language interpreter up onto the stage to provide live simultaneous sign language interpretation for my remarks and the Prime Minister's remarks. He was a bit more excited about translating the Prime Minister's remarks, truth be told. This was a first for both festivals.

I would now like to talk specifically about the legislation itself. First, it represents the single biggest development in federal access health legislation in 30 years, since the Charter of Rights and Freedoms itself came into force. This new legislation is the cornerstone of our government's plan for the progressive realization of a barrier-free Canada. Second, Bill C-81 would provide accessibility standards for entities to achieve and maintain an ongoing monitoring system to ensure that Canadians see results, and to hold organizations accountable.

Third, approximately $53 million over six years will be invested in support of a new strategy for an accessible Government of Canada that will be developed and released to the public within one year of the passage of the legislation. This strategy will serve as a roadmap that enables our government to meet and exceed its new accessibility obligations under the legislation.

The Treasury Board Secretariat, in collaboration with people with disabilities and their organizations, will ensure a coordinated and cohesive approach to the design and implementation of the strategy across government.

This will be accomplished through the establishment of an accessibility hub that will provide leadership, coordination and oversight in making the Government of Canada accessible to its clients and employees.

Fourth, Bill C-81 would expand the existing opportunities fund for persons with disabilities to better support activities in two areas. The first area would improve matching services that connect employers and persons with disabilities. While the opportunities fund helps persons with disabilities develop the skills and knowledge they require to meet the needs of today's economy, more could be done to connect these individuals with employers with available jobs.

The second area would enhance businesses' efforts to develop effective recruitment and retention strategies. The opportunities fund would work with these employers by supporting their efforts to create inclusive workspaces and to develop and implement in-house strategies to effectively recruit, accommodate and retain persons with disabilities. The fund would have both a national stream and a regional stream, totalling nearly $40 million per year in funding. This would better support employers that have a demonstrated commitment to hiring persons with disabilities but who need support to find the right match and to create workplaces that allow employees with disabilities to reach their full potential.

Fifth, as I alluded to earlier, we are also reinstating the disability advisory committee, which is vital to ensuring that the Canada Revenue Agency connects with a wide range of stakeholders and takes their views into account as we administer tax measures for people with disabilities. The committee's mandate is to provide advice to the Minister of National Revenue and the commissioner of the Canada Revenue Agency on the administration and interpretation of the laws and programs related to disability tax measures administered by the CRA. The legislation would guarantee that the needs and expectations of the disability community are taken into consideration.

The committee would also advise the CRA on how it could better inform persons with disabilities and various stakeholders about tax measures and important administrative changes. Moreover, it would be tasked with reviewing the CRA's administrative practices and making recommendations on how we could enhance the quality of our services for persons with disabilities.

Those six components make for a comprehensive suite of items that would work collectively toward the progressive realization of a barrier-free Canada. Most importantly, our entire approach to the development of this legislation has been informed by one fundamental principle: nothing about us without us. The practice of paternalistic thinking, that the government knows what is best and what is appropriate for persons with disabilities, is gone. In its place is a new, modern 2018 approach to legislating, where the government listens and actively solicits the input, feedback, advice and ideas of persons with disabilities about how best to address their needs. This legislation is the first step in that process, and it is one that is long overdue. I urge everyone to take a non-partisan approach to this important legislation and to support it.

Accessible Canada ActGovernment Orders

September 24th, 2018 / noon
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Madam Speaker, I will be sharing my time this morning with the member for Parkdale—High Park.

For decades, we have seen concerted efforts made to try to remove barriers to accessibility across Canada, but pervasive barriers still exist all around us. These barriers exist in our physical environment. They exist in the way information and communications technologies are developed, in how employment practices are established, in the way procurement policies are created by the government, in how government serves Canadians and in how our federal transportation networks are structured. These barriers stop millions of Canadians from participating in everyday activities that many people take for granted.

There was a time in Canadian history when the needs of people living with disabilities were not even part of the conversation. That is still too often the case, but thanks to the advocacy of leaders in disability and accessibility issues in Canada, we are more aware of the issues of those living with disabilities. We are increasingly aware of the challenges and injustices faced every day. Legislation alone will not be enough to address the issue; we need a change in the way we as Canadians think.

In Ontario, legislation will ensure that a sports complex has accessible parking spots, wide doors and washrooms. However, if people in wheelchairs are relegated to the second floor because no accessible seating is provided, or where accessible seating is provided, people stand up and block their view for the most exciting part of the game, the goals, that is hardly inclusive.

This is an issue I have been deeply committed to throughout my tenure as a member of Parliament and before I was elected. In the spring of 2017, I held a round table on employment for people living with disabilities in my riding of Oakville North—Burlington. The round table brought together organizations such as Community Living, experts on accessible employment and people with lived experience.

I continue to advocate for this issue in the community, in the House and with my colleagues in Parliament. We need to recognize the contribution people living with disabilities make to employers. It is not about doing what is right, although it is. It also makes economic sense. Just ask employers such as Mark Wafer, former MPP Pete Kevin Flynn, and Phillipa Durbin, who talk about the benefits to their businesses because they have hired those living with disabilities. Ask employees such as my staffers, Steven Muir and Karina Scali, or people like Robin, Andrew or James, who are outstanding employees who make significant contributions to their work.

Madam Speaker, you are aware that our government is a strong proponent of promoting inclusion and fairness to grow the middle class. Our government has committed to measures to make Canada a more equitable place, such as improving income security for seniors and helping families through improvements to the Canada child benefit.

Accessibility is a right in this country, not a privilege. That is why we are putting accessibility at the heart of our actions for greater social justice. That is why our government has brought forward Bill C-81, the accessible Canada act, to uphold that right in areas under federal jurisdiction. This involves Parliament and all that we do here. It involves the Government of Canada, crown corporations and the federally regulated private sector. It includes organizations in the federal transportation network, the broadcasting and telecommunications sectors and the banking and financial sectors.

Federally regulated sectors represent a large component of the Canadian economy. They employ about 900,000 people and are essential to economic, civil and social participation in society.

I believe that our government and our partners in the federally regulated sectors can be true leaders in accessibility. By changing the status quo in these areas, I am confident that a change in standards will follow in the private sector. However, our ambition is greater than that. Our ambition is that this legislation will lead to a more consistent experience of accessibility across Canada.

With this in mind, our government's actions on accessibility are focused on priority areas that Canadians living with disabilities have told us have an impact on their daily lives. They include public buildings and spaces, service delivery, employment, transportation, information and communications technologies and procurement of goods and services.

The core of Bill C-81 is the development and implementation of new accessibility standards in these priority areas. Through Bill C-81, our government is proposing the creation of a new organization called the Canadian accessibility standards development organization. This innovative organization would govern and oversee the process of creating new accessibility standards in partnership with key stakeholders.

I am proud that this organization will be led by a majority of persons living with disabilities on the board of directors. This is key to ensuring that those with lived experience are part of the decision-making process. This has been an issue in the past and continues to be an issue in our country, when those developing policies do not include those living with a disability.

This organization will be the first of its kind in Canada and one of the few in the world that is dedicated to developing only accessibility standards. The organization will work in partnership with persons living with disabilities, technical experts, industry leaders and representatives from organizations that are obligated to comply with the law and its regulations.

The standards created by the organization will then be considered by the government for application to the federal jurisdiction through regulation. Provinces and territories will also be invited to participate in the standards development process. By bringing together perspectives and knowledge about accessibility issues into one place, our government envisions that the Canadian accessibility standards organization will become a global centre of technical knowledge and expertise on accessibility.

We believe that this organization can serve as a national and international model for action on accessibility by putting the principle of “nothing about us without us” at the heart of its operation, letting people living with disabilities lead the way.

Over time, these standards will lead to measurable improvements to accessibility and have a real impact on the lives of Canadians living with disabilities and functional limitations.

In closing, I would like to reflect on the spirit of this legislation. Our government is committed to backing Bill C-81, with focused investment across the Government of Canada. This includes the development of the Canadians accessibility standards development organization.

As a government, we want to make accessibility a reality as we hire people, make our facilities easier to access and purchase goods from private sector suppliers. It is the sum of all these efforts, including new accessibility standards, that will allow people living with disabilities to be included in a way that many of us take for granted.

This legislation is the start of building not just an accessible Canada, but an inclusive Canada. We need to recognize that accessibility is a start, but it is not enough. We need to be leaders and effect real cultural change. This is how we will provide everyone in this country with the chance to realize their full potential. This is how we will make sure that everybody can contribute to the Canada of the future.

Our country will be stronger and all Canadians will benefit when we include everyone in the conversation, when we ensure that each and every Canadian can reach their full potential and when we build a truly inclusive country.

The House resumed from September 19 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.

Bill C-81—Notice of time allocation motionAccessible Canada ActGovernment Orders

September 21st, 2018 / 1:25 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, though I believe we will be able to find a way forward, because it is important legislation, to ensure that we continue advancing legislation, I would like to inform you that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-81, an act to ensure a barrier-free Canada.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

I hope this notice does not need to be acted upon.

September 20th, 2018 / 5:15 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Have you looked at Bill C-81, which we're debating right now? It's the new persons with disability act.

Business of the HouseOral Questions

September 20th, 2018 / 3:05 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue third reading debate of Bill C-71, the firearms legislation. Tomorrow, we will have second reading debate of Bill C-77, the victims bill of rights.

On Monday, we will return to the second reading of Bill C-81, an act to ensure a barrier-free Canada. We also hope to start debating Bill C-78.

Accessible Canada ActGovernment Orders

September 19th, 2018 / 5:20 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, it is a pleasure to rise today to debate Bill C-81, an act to ensure a barrier-free Canada. We as parliamentarians, and I think all Canadians, know someone, whether a family member, a neighbour, or a colleague who lives with a disability. Often these are visible disabilities, those we can see, but there are also the invisible disabilities, those we cannot see with the naked eye. When we are crafting and debating legislation and implementing standards, we have to recognize the variety of disabilities that Canadians live with on a daily basis.

For me personally, my mother-in-law is someone who lives with a disability. She lost a leg to amputation about 15 years ago and uses a wheelchair. I speak with her regularly, including earlier today about an issue related to accessibility. I hear the concerns she brings forward on a variety of issues on a daily basis that confront her as she goes about living her life. One example she gave me today was that she was out shopping with her mother and could not enter certain stores because of the lifts at the entrances. She told me she would like to spend money. She would like to buy stuff for her grandkids, my kids, although I do encourage her to stop doing that because our house is getting too full. However, she enjoys doing that and attending things. Certainly this does not fall under federal jurisdiction, but it is an example of how those living with disabilities are in some cases unable to enter certain establishments.

She tells a story of recently going to a local bank and using a lift to get into the bank because there were three steps she would have had to climb to get into the bank. Unfortunately, the lift malfunctioned and her wheelchair flipped over backward, causing her to fall to the ground and smack her head. Again, this is an example of how she was unable to access that facility, which would fall under federal jurisdiction as a federally regulated institution.

I think we all know these examples and stories of friends, family members and people living in our community who are capable of participating fully in society, yet there are challenges to their doing so because of certain barriers. Each of us in our ridings know of organizations that work hard with members of the community specifically on accessibility issues and with Canadians living with disabilities. In my riding, we have L'Arche Stratford, which is a great organization, working with those with disabilities. There are also a number of community living organizations in Stratford, in North Perth, and St. Marys.

In my constituency office, we have Emerson Kuepfer. Emerson works in my office one day a week. He does the shredding for us. He has been living with a disability his entire life. However, he is there every Wednesday morning. He has the biggest smile on his face when he is there because he is working and is contributing to society. The only time he does not have a smile on his face is when the Leafs lose, which happens from time to time. Beyond that, he is always as cheerful as can be, and really is a benefit to our office and to the community as a whole, contributing through those great organizations.

It is important as well to talk a bit about the unfortunate stigma that is still out there when we talk about Canadians living with disabilities. I have fallen victim to it as well. In the past I might have referred to someone as “being in a wheelchair”, but I have been corrected, and rightfully so, because the wheelchair does not define that person. That person uses a wheelchair as a tool. We need to encourage and speak with Canadians about the stigma that somehow someone with a disability may not be able to do all things quite as well as others without a disability, and ensure that they have full access to, and the ability to work and participate in, the community and attend businesses and events.

From my time on West Perth municipal council, I know that we often struggled with the challenges that faced us with the provincial AODA legislation in ensuring that our facilities were fully compliant with the AODA. It was a challenge, and it was not a cheap function either. As an example, our local arena did not have fully accessible washroom facilities, so fixing that was a project we undertook while I was serving on council. Now we have a beautiful facility with fully accessible washrooms so that all people within the community are able to use that facility.

However, it is not always easy. Most of the businesses on the main street in my hometown had a step or two to get in. One innovation done by the local council at the time the reconstruction was done on the main street is the sidewalks were adjusted to ensure a flat entrance to the different businesses. While it was not a panacea and did not fix every single business, it accommodated the vast majority of businesses on the main street. The sidewalks were adjusted to meet the entrances to each of the stores and each business became more accessible. It is not perfect and we cannot always make things perfect with buildings that are 100-plus years old, but it is a good step forward.

The Perth County courthouse in downtown Stratford is a beautiful building which is 150-plus years old. It has served as the seat of county government for 150-plus years. It is not accessible. The irony is that despite it being a provincial courthouse and the home of the county government, it is grandfathered from the provincial AODA legislation, but steps are being taken to make that building more accessible while also maintaining the building's important and historic significance, both as a community landmark and as a functioning part of the community as a courthouse and a seat of government in the community.

I want to talk about some of the experiences we have had in this Parliament with issues of accessibility. I am honoured to serve as a member of the procedure and House affairs committee. One of the studies that was undertaken earlier this year, in the spring, was on a debates commissioner.

Leaving aside the debate over the debate, it was interesting to hear the testimony and information from different civil society groups on the issue of accessibility. We heard from the Canadian National Institute for the Blind how broadcasting a debate ought to be structured so that those with a visual impairment could have full access to the debate, to engage with the debate and know what is going on in the debate. We heard a similar message from other Canadians living with disabilities, including those with hearing impairments. Whether it is closed captioning or sign language, there are different ways in which, while relatively minor in the great scheme of things, we can make that specific institution just a little more accessible so that Canadians living with disabilities can have full access to debates.

I will conclude by talking about the RDSP. It has been mentioned by a number of my colleagues, but I do believe that among the many great things former finance minister Jim Flaherty did during his time in this place, the RDSP meant so much to him as a father and as a finance minister. Canadians owe a debt of gratitude to the late Jim Flaherty for all that he did. That is a good point on which to conclude.

Accessible Canada ActGovernment Orders

September 19th, 2018 / 4:50 p.m.
See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is a pleasure to speak to Bill C-81, an act to ensure a barrier-free Canada.

I want to say at the outset that I am pleased to see that the minister has brought forward this bill. I have absolutely no doubt about her sincerity in trying to improve the lives of people with disabilities. I too am aligned in that direction. I have listened carefully to the debate we have had so far talking about how to get people with disabilities the same rights and responsibilities as other citizens, how to make sure they are able to live independently and how to make sure they are free from violence. I am aligned in all those things. I think I have heard that all the parties in the House are aligned in how we improve the lives of people with disabilities, and what we can we do with this bill to make sure it is effective.

When it comes to deciding to tackle an issue, with my engineering perspective I will ask what it is we are trying to do. I think it is trying to get people to be able to live independently, to have the same rights and responsibilities as others and to be free from violence. What is the plan to make that happen? What mechanisms will we put in place in order to make sure the money or the incentives flow so the behaviours of people will take root?

In my speech, I am going to talk a bit about what has happened in the past and what the Conservatives did. Then I will talk a little about the Liberal record. Then I will talk about the situation in my own riding, some ideas about possible solutions and some concerns I have with the legislation as it is written today.

I know things were going on to help improve accessibility when the Conservatives were in power. Although I was not here myself, I saw all the announcements and improvements happening in my own riding of Sarnia—Lambton, where multiple millions of dollars were spent to upgrade different buildings to ensure they were accessible for people in wheelchairs and to put different aids in place to help people with disabilities. I note that was going on.

At the same time, we have heard other members in the House talk about the Conservative Party's introduction of the registered disability savings plan in 2008. This plan is quite a rich plan. I looked at the details of it when we were addressing an issue that I will talk about later. However, this is a plan where a disabled person can put in up to $5,000 a year and the government will match it threefold. That program has been going on for almost 10 years. Although it has not come to the point where people are collecting from the program, it is a very well thought out way of ensuring people with disabilities will have the wherewithal to retire in dignity.

I see that and see the efforts of the member for Carleton, who brought forward a very intelligent bill aimed at addressing the problem people with disabilities have when they want to go work and their benefits are clawed back. In some cases, the money they are getting from other disability programs is clawed back. I was really disappointed in the extreme that every Liberal in the place rejected that private member's bill. That bill would have been such a help to people with disabilities. We talked as well about the member for Calgary Shepard bringing forward a private member's bill on rare diseases, which was also rejected. I just heard a member from the NDP talking about her bill being rejected.

This is where one really has to question people's motives. When people say one thing and do another, they are likely to be called hypocrites. When I look at the Liberals, I see there is a lot of talking about helping people with disabilities, but then we look at the record of what has happened since the election in 2015. The first member who had the portfolio to do something here on accessibility, or helping the disabled, was the member for Calgary Centre. It was in the mandate letter, yet nothing was done. That member is also a person who has lived experience as a person with disabilities, but nothing was done. It was not a priority.

It was then passed along to the member for Etobicoke North. However, I do sympathize with her. She is the Minister of Science and has a lot of very important things to do which, of course, I, as a fellow science person, cannot criticize. Again, nothing really came forward.

Then when I looked at the bill to see what was in it, I thought that perhaps there would be a lot of infrastructure money. We know there are a lot of buildings that are not accessible and they need a lot of money in order to repair them so they will be accessible. In some cases, those could be incentives. There is a number of ways that could be done, but nothing in the bill talks about that.

In fact, the bill has sort of an element of what the minister's powers would be. It has an element of a standards organization that can talk about what the right thing to do would be. There are mechanisms in the bill to complain. There are mechanisms in it to inspect. However, there are no action words. There is really no doing of anything. It is going to be consulting and spending a few more years to try to figure out what we should do, when we already know some of the things we should do. Some of the things we should do involves investing the same kind of infrastructure money that was previously done under the Conservatives.

I have heard the government speak about the $180 billion of infrastructure money that it will invest over the next number of years. In fact, the Liberals got elected on a promise to spend very small deficits in order to put infrastructure in place. That was going to create jobs and drive the economy and repair our roads and bridges, etc. None of that ever happened. My point is that there was a lot of infrastructure money that was planned to be spent. Even though the government has had difficulty getting that accomplished, as I think it has only spent about 40% of what it planned, it has still racked up way more deficit but not on the intended things.

There is an opportunity for the government to do something immediately with respect to infrastructure to improve accessibility. Those are things where the building codes exist today. The specifications exist today. The standards exist today. No work needs to be done to consult anybody on that or have new standard organizations to do it. This already exists. All it really needs is political will to put that money in place.

Instead, the government has basically a different political will, if we look at where the billions of dollars that the government is spending is going: $4.2 billion on foreign aid; $2.65 billion on climate change support for foreign countries like China and India; $5 billion for the Syrian refugees; $1 billion for the asylum seekers; and multiple billions of other things that are spread around the world but not for Canadians and not for the disabled. When we look at where time, energy and money is put, that determines what our values are or what our priorities are.

It has been three years before seeing any kind of legislation and the legislation does not have any strong actions in it. It is more of “we'll put structures in place to consult”. I really question whether there is enough political will to achieve good outcomes here.

As I mentioned, I have some good examples from my riding that I can share. I know that the previous member of Parliament, Pat Davidson, was very active. She really cared about improving accessibility. Elevators were put in multiple buildings. We had accessibility all over the county of Lambton. As well, we have upgraded many of the schools to be accessible.

The Sarnia Arena is going under remediation. I was there for an event this past weekend and all of the entrances and front sidewalks, etc. have been improved for accessibility and all of the standards have been met.

Not everything is wonderful in my riding. We have a situation in Port Lambton where the post office, which is a Crown corporation and is under the legislation being proposed, is not accessible. It has been there for a long period of time and was grandfathered, but it is not accessible. We are having a municipal election and people are going to have to go to Canada Post to vote. In Port Lambton that is pretty much all there is. However, it is not accessible. People have known about it for a long time. My office has called and nagged and has been told that they will get to it. However, no one has got to it.

Here is an example where the solution is known. It just needs to get done and it needs to get done in a hurry. Again, where is the will to force these solutions to happen?

I have a tremendously great example of a fellow named Dan Edwards in my riding. Unfortunately, he had an accident which rendered him unable to walk and left him in a wheelchair. He has been super inspirational in the riding. He does fundraising for mental health efforts and different things.

This is one of the things he did. We have a fundraiser in Sarnia—Lambton called the Dream Home. It is a fundraiser for the hospital. He decided to get together with the architect who was going to build the latest Dream Home for a lottery to raise money for the hospital and decided to make it a visitable home. A visitable home is a home where any person in a wheelchair would be fully able to access everything, from cooking to the entrances. Everything is ground floor. It is very well done.

I had the opportunity to tour the home and see what he and architect had designed together. He shared with me a lot of information about the very many plans like this. It is quite possible. We have these solutions that we could put in place to allow people to live independently. That would be great. Again, money and political will is some of what is required here.

The other piece of advice I would give with respect to solutions and rolling out the infrastructure money is to ensure that it is well-distributed. Of the $180 billion that was announced over 10 years, only $2 billion of that was earmarked for rural communities. When we look at improving accessibility, I think we will find that there is even more need in the rural communities. In many cases, they have grandfathered their buildings. There are more older buildings, and they have not been made accessible. As well, there is less of a population base to bring in the revenue to do these things of their own volition. That needs to be considered.

With respect to some concerns about the legislation, $290 million has been proposed. I heard discussion earlier about 5,000 new public servants. I was not clear if that was 5,000 public servants with disabilities who would be hired while attrition happened, so over time, or whether that was 5,000 additional public service employees. Of course, I would be opposed to increasing the size of government.

Another concern I have with the bill has to do with leaving things for the regulations. As a parliamentarian, and a detailed-oriented one, I do not like to leave things to chance. I have seen before, under some of the legislation that the Liberals have brought forward, where it is all left to regulation.

With Bill S-5, for example, the Liberals decided, from the plain packaging and the vaping, they were going to leave a lot of it to the regulations. We were approving a bill, and as the point was made, that we really did not know what the final outcomes would be. We were going to leave it to the regulation.

In the example of Bill S-5, the Liberals want to go to a plain package. The dimensions of the plain package are produced by machines that are obsolete, that are no longer owned by anybody who is legitimately in the business. The Liberals have given businesses six months to convert.

They would have to redesign the old, obsolete machines and get them built somewhere, and that is certainly an 18-month deal, or they would have to be shut down altogether in order to achieve this plain packaging goal, or let them use the existing size. That is an example of where when things are left to regulations, they do not always get done the way that we might want. That is why parliamentary oversight is important.

Bill C-45, the cannabis legislation, is another example where the Liberals decided to leave a lot of the details to the regulation. The problem is that the regulations did not come out quickly enough to address all the unanswered questions that were still out there. Now we are left with a situation where we will legalize on October 17, and there is still a huge number of things that are not addressed in the regulations. Again, there is no parliamentary oversight to talk about them.

This point came up again on Bill S-228 with the regulation that we most recently talked about, which is the one that prohibits the marketing of unhealthy foods to children. Instead of defining what the healthy foods are, the comment was that it would be left to the regulations.

As parliamentarians, we have a right to know what that list will be and have some opportunity to object or give input if we do not agree. By leaving it to the regulations, we would be passing a blank bill that says we would be doing something. We have no idea what the something is and we have no input on the something, but we are expected to vote in favour of it. I have an issue with that.

When it comes to accessibility, we have been much too slow in moving forward and addressing these things. For example, there are a lot of the grandfathered buildings. My mother is 84 and walks with a rollator. There are a lot of places she cannot go because of staircases or it is too narrow to get through. Something needs to be done there and I look forward to seeing what solutions will be brought forward are.

I will talk a little about some of the things the government could do that would make people have more faith in its wanting to help disabled people.

Members may remember when I was here on a Friday, asking a question about the disability tax credit. Through that whole event, we found out that where 80% of people with type 2 diabetes were previously approved, all of a sudden 80% were disapproved. We raised the concern, and the Liberal government insisted that nothing had changed. Of course, as the scandal went on, it came out that indeed things had changed. There were instructions given to interpret the criteria differently, and it went very broad. It affected not just people with diabetes but people with other disabilities, such as autism and mental disorders like bipolar. It took months and months to get justice for those people. This is what undermines people's faith that the government is sincere in its efforts to improve things for people with disabilities.

I will give members another example. For people with multiple sclerosis, it can be very difficult, because people are not always be at the same degree of wellness. It is sort of intermittent where there may be periods where they cannot work and other times they may be fine.

However, the current EI rules are not flexible enough to allow a person who has MS to be on EI and work intermittently, the same total benefits as someone who takes it consecutively would get. I raised this issue with the Minister of Labour. There is an easy fix there. If 670 hours of eligibility are required and there is a certain amount of hours that people get in benefits, then allow the intermittency. Those are the kinds of things we can do for people who have disabilities to be able to live independently, to work and to engage. We need to do that.

I did take the point that was made earlier that no disability lens was used for the legislation. When we do legislation, we do it with a gender-based lens. Therefore, it is very appropriate here to take that recommendation from the member and put a disability lens in place.

I also do not like the powers to exempt in the bill. I find that when we allow exemptions and have cabinet decide, we get into trouble. We saw this with the carbon tax. The government had the power to exempt and it decided to exempt the largest emitters up to 90% of their emissions. There is an example where having the power to exempt is really not what we want.

In summary, I absolutely want to see persons with disabilities have the independence they need and have the help they need. However, it has to happen faster. I call on the government today to start putting money into infrastructure for accessibility and do the solutions that we already know about, while we craft improvements to the bill.

Accessible Canada ActGovernment Orders

September 19th, 2018 / 4:40 p.m.
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Carla Qualtrough Minister of Public Services and Procurement and Accessibility, Lib.

Madam Speaker, I thank the hon. member for her encouragement and support with respect to Bill C-81.

Like me, I know she has heard from so many Canadians, particularly those living with disabilities, about the need to be involved in the creation and implementation of accessibility standards. I would ask her if she agrees with the model of CASDO, the Canadian accessibility standards development organization, where the majority of the board members have lived experience, where they collaborate with industry to develop the standards so it works in real life, or if perhaps there is another model she likes better, because this is what we heard from the disability community was the best way forward.

Accessible Canada ActGovernment Orders

September 19th, 2018 / 4:20 p.m.
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NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

Madam Speaker, these proceedings on Bill C-81, an act to ensure a barrier-free Canada, have the potential for tremendous historic significance. We are debating a bill that, if done properly, would create breakthrough legislation that would profoundly impact Canadian society for generations to come. I believe everyone in this chamber is cognizant of the importance of what we are doing here today. Therefore, I speak in support of this bill based on the premise the minister stated yesterday: to get it to committee as soon as possible so that we can make it as substantively great as we possibly can. I agree.

This bill is not all that it needs to be as it stands now. It will require substantial amendments. While we commend the government for tabling it, this bill will need to be altered dramatically in order to become good legislation. That is why New Democrats commit today to working with the government to provide good-faith amendments so that Bill C-81 can become the historic accessibility legislation that persons living with disabilities in Canada deserve.

New Democrats have long been committed to the rights of people with disabilities. It has been our long-standing position that all of government, every budget, every policy and regulation, every grant should be viewed through a disability lens. Our ultimate goal has always been to help foster a society in which all citizens are able to participate fully and equally. We believe that this cannot even begin to happen until all of our institutions are open and completely accessible to everyone.

In fact, New Democrats have supported the establishment of a Canadians with disabilities act for many years, and the call for a CDA can be found in our 2015 election platform. CDA uses the language of the UN Convention on the Rights of Persons with Disabilities. It was an early warning when that language was switched out in favour of an accessibility act, but I was assured that was because an accessibility act would meet and reach beyond the UN convention, which Canada is a state party to. It makes sense that any accessibility bill tabled by the government should essentially be enabling legislation for Canada's obligation to fulfill the United Nations Convention on the Rights of Persons with Disabilities.

Canada ratified this convention in 2010, but until now, has done nothing to bring our laws into conformity with it. Indeed, I tabled a motion in this very chamber, Motion No. 56, that calls on the government to implement these obligations. The convention sets out the legal obligations of states to promote and protect the rights of persons with disabilities. It does not create new rights. There are a number of principles and articles within the CRPD that are extremely important to people with disabilities. These principles address rights, such as the ability to live independently, freedom from exploitation and violence, the right to an adequate standard of living, social protections and more.

Rather than considering disability an issue of medicine, charity or dependency, the convention challenges people worldwide to understand disability as a human rights issue. It establishes that discrimination against any person on the basis of disability is a violation of the rights, inherent dignity and worth of the human person.

The convention covers many areas where obstacles can arise, such as physical access to buildings, roads and transportation, and access to information through written, electronic and alternative forms of communication. The convention also aims to reduce stigma and discrimination, which are often reasons people with disabilities are excluded from education, employment, health and other services. It is crucial that societies eliminate these forms of discrimination, not just because doing so is the right thing to do, but because it will enable a previously ignored and sizeable section of our population to contribute their talents and abilities to the betterment of us all. Everybody wins when everyone is able to contribute.

It is important here to note that the convention is our ideal. It is up to governments to bridge the distance between these ideals and the lived reality of people living with disabilities. We debate one such bridge here today.

While the NDP supports Bill C-81, we do so with the understanding that it will not fulfill our obligations to the CRPD. It is one step in the right direction and I celebrate that significant step. Why? Let me tell the House some of the reasons.

First of all, it is the most comprehensive federal bill addressing issues faced by Canadians living with disabilities to be tabled in this House in over 30 years. This alone is significant. The previous government had 10 years' worth of opportunities to bring forward a national act and it emphatically chose not to.

Bill C-81's very title trumpets a worthy ambition, an act to ensure a barrier-free Canada. The stated purpose of Bill C-81 is to create a barrier-free Canada “through the proactive identification, removal, and prevention of barriers to accessibility wherever Canadians interact with areas under federal jurisdiction.”

Creating a barrier-free Canada is indeed my intent and why the NDP seeks amendments. We will work with the government to fine-tune this bill so that it truly realizes its own stated ambitions, until it becomes the kind of landmark legislation that people living with disabilities deserve.

Bill C-81 will establish several important new officials and agencies. These include a new accessibility commissioner for enforcement, a new Canadian accessibility standards development organization, which will elaborate model accessibility standards that the government can enact as regulations, and a new chief accessibility officer to advise and report on progress and needed improvements. It even creates a formal complaint process and a review process to gauge the bill's effectiveness over time. These two processes are especially crucial for a bill like this to have successful outcomes.

It is vital that a feedback loop be established between those who are to benefit from the bill and the bodies responsible for administering it. A complaint process allows for this, and the review process will allow for proper responses to the bill's shortcomings as they are discovered. Yes, these sections of the bill are both commendable and important. However, there are sections of Bill C-81 that I believe miss the mark and that undermine the bill's own stated goals. These are the provisions that I and my party will work in good faith with this government to fix, should our efforts be welcome.

Most obviously concerning is the bill's lack of mandatory timelines for implementation. It allows but does not require the government to adopt accessibility standards, and yet does not impose a time frame within which implementation is to happen. Without these, the implementation process, even its start-up initializing process, could drag on for years. Curiously, neither does the bill require all federal government laws, policies and programs to be vetted through a disability lens. This seems a strange omission indeed. I respect the current accessibility minister's commitment to this file and can only assume that this is an accidental oversight which she will correct immediately.

It might be helpful here to take a moment and explain to those listening just what is meant by the term “disability lens”. In this context, the disability lens is a way to examine public policy. It helps lawmakers such as myself make sure that when a new law, regulatory measure, course of action and funding priority is being debated or implemented, the needs of persons living with disabilities are taken into consideration. Just stopping to ask whether people with disabilities are even considered over the course of the policy's formulation can go a long way to making it better and more just.

I like the succinct way the Council for Canadians with Disabilities promotes using a disability lens. It encourages us to ask a series of questions.

Does the policy view disabled people as members of a minority group with special needs, or does it view disability as one of many variables in the population and thus aim to structure society so as to ensure universal access and coverage?

How would the policy relate to other policies, legislation, regulations and programs within the jurisdiction in question? How would it relate to others, or even within the same ministry?

This is another important consideration. Who will win and who will lose when this policy is implemented? How will the allocation of resources be affected by this policy? How will this impact other disability groups?

Of notable concern is that Bill C-81 would allow, but again would not require, the minister to work with provincial and territorial governments to improve accessibility. It would be absurd for a national accessibility act in a country such as ours with our unique brand of federalism not to include a requirement to work with provincial and territorial governments to improve accessibility.

The Council of Canadians with Disabilities has been a great resource for me as well. Another non-partisan resource I appreciate is the Accessibility for Ontarians with Disabilities Act Alliance for its analysis of this legislation. Its outstanding work allows government representatives, bureaucrats and members of Parliament to do our jobs better when it comes to developing policy and law that provides meaningful impact.

One issue of great concern regarding Bill C-81 is the way in which it would give various public bodies sweeping and unaccountable powers to exempt any or all obligated organizations from a number of important obligations under the bill. This is especially concerning because it has been my experience that where such exemptions exist, they will be used.

Section 46 of the bill, for example, empowers the Canadian Radio-television and Telecommunications Commission, CRTC, to totally exempt any obligated organization it wishes within its mandate from any or all of the accessibility plan requirements. Worse still, the bill provides no means by which persons with disabilities can register their concerns before a decision is made to grant an exemption. This is deeply troubling.

Also problematic is that another section of Bill C-81 gives the federal cabinet the power to make regulations that can exempt any obligated organizations from a wide range of obligations under the act. The bill would allow cabinet to do this, and it need not provide any reasons when it does. Seriously, if cabinet is allowed to do this, why are we here today?

I also find it perplexing that while the bill requires obligated organizations to establish accessibility plans, it does not require these plans to be good plans. It does not require an obligated organization to implement its accessibility plan. This is curiouser and curiouser.

Potentially quite troubling is a situation created in section 172 whereby a regulation created by the Canadian Transportation Agency for example, without debate, could end up trumping obligations under the Canadian Human Rights Act. It should be a basic principle of Bill C-81 that no provisions therein supersede any human rights. This is a perfect example of some of the technical issues that need to be addressed, and I want our stakeholders who understand the impact of this troublesome section to know that we will seek to have it removed.

The bill likewise separates enforcement and implementation in a confusing way over a tangle of different public enforcement agencies rather than providing people with disabilities with the simple one-stop enforcement they need. The CRTC will provide enforcement for its obligated organizations and so too will the Canadian Transportation Agency.

The bill does this, despite the reality that both the CRTC and the CTA have an unsatisfactory track record when it comes to enforcing accessibility over many years. As this is not a new problem, it boggles the imagination as to why the important bill does not address the core problem. It is absolutely vital that persons with disabilities and stakeholder groups be able to navigate our federal system in order to effectively realize their rights and also that the various agencies and institutions are able to respond to criticisms.

Moreover, this snarl of enforcement and administration will result in very similar regulations being enacted by the very different agencies involved rather than by one single agency. The duplication will not just risk inconsistencies, it will create them, causing even further delays. The predictable result is the real possibility that some sectors of the economy will have these regulations ready for them before some other sectors.

The bill should be looking to eliminate the interdepartmental patchwork system that is already in place rather than making it more complex. We simply must fix it. Many of us who follow these issues were seriously expecting that Bill C-81 would include provisions to simplify these processes.

Earlier this year, a private member's bill of mine, Bill C-348, was debated in the House. It was designed to create a one-stop shop at the individual level to make it significantly easier for persons living with disabilities to navigate the programs available to them from the federal government. At present, persons with disabilities have to prove that they are disabled each time they apply for a federal benefit and with each separate application will typically have to pay a doctor for each time there is paperwork involved. This is an unnecessarily punitive system for so vulnerable a population.

My bill, of course, was voted down by the government. It was not a whipped vote, yet every Liberal member in the House that evening voted against it, every single one. I had hoped that such discipline on the part of the governing party meant that they perhaps knew something I did not know, that perhaps this upcoming accessibility bill would include provisions to streamline these processes, but no, this was not the case.

The complaint process will also be unnecessarily confusing. The splintering of the implementation and enforcement mandate will substantially weaken the bill. The likelihood of this creating confusion among many, including public servants, obligated organizations, and people with disabilities and their advocates who come to the federal government seeking justice is all but certain.

Stakeholder groups and disability advocates know from brute experience that this confusion will force them to run from enforcement agency to enforcement agency with their complaints, going around in circles. “Sorry, no, wrong agency” they will be told, they have to go to transportation. Persons living with disabilities have had enough of this particular brand of bureaucratic confusion. We know this is a problem. Let us fix this too.

I would also like to note that Canada's hearing impaired community has asked the government repeatedly that the Official Languages Act be amended to have American sign language and Quebec sign language designated as official languages so that accessible communication is taken seriously.

This sets the course for the direction of the NDP. This is where we are going in our support to bring the bill to committee. There are many provisions we will be looking to amend. Those that I mentioned here today are merely broad strokes of what we in the progressive opposition are committed to standing up for and remedying.

In closing, I would also urge the committee to hold its meetings in different places across this country. As the most significant piece of disability legislation since the Charter of Rights and Freedoms, we owe it to Canadians living with disabilities and the people who care about them to demonstrate our intention for meaningful legislation that fully includes every Canadian in the participation of our society.

Accessible Canada ActGovernment Orders

September 19th, 2018 / 3:50 p.m.
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Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, it is certainly an honour to rise today to speak to Bill C-81.

I want to begin by telling a personal story in relation to this bill, and the effect that I think all parties are trying to have with regard to persons with disabilities and accessibility as a whole across this country.

When I was a young man, I was exposed to a person who was living with a disability, someone who was very close to me. My grandfather was blinded as a Royal Canadian engineer in World War II. He was an incredibly diligent and incredibly powerful person. He was able to cut his own lawn, chop wood and make wood fires. These are just memories I have from when I was a kid.

When I was 10 years old, the issue came even closer. My mother was hit by a car while crossing the road. She sustained a permanent head injury, as well as permanent injuries to her body which affected her ability to walk and to manoeuvre. She faced a couple of years on the couch.

Having grown up in those circumstances, I can say that I understand what the effects of disability are on those around the person, but I will never really understand the impact on the person himself or herself.

I clearly understand the cycle of poverty that exists in this country, which should not exist, in relation to persons who have disabilities and in many cases children who have parents with disabilities. It is a very important subject. It is incredibly important. It is one that, far too often, we leave to the side.

No matter what is being brought in relation to accessibility, in relation to persons with disabilities, everyone in this House is happy, content and joyous to see a move forward in the right direction. There is no question that all of us would want to see more movement on this subject, but I do have questions.

I was left with questions after speaking with ministerial staff, as well as the minister who was kind enough to reach out to me for a phone call this week. I have questions after the minister's speech, after the introduction of the bill, and after the tabling of the bill in June.

When will these new regulations actually come into effect? There is a six-year time frame on the funding, which would suggest that this entire process could take another six years, after the bill becomes law.

How much will this bill cost the federal coffers, as well as private businesses across this country?

What are the new standards? What will they actually look like? Will they reflect what is in Ontario, Nova Scotia, or British Columbia? Those three provinces, quite frankly, are leading the country. Why are we voting on this legislation without understanding what those new regulations and standards will be? How do we as parliamentarians effectively communicate what this bill actually means to Canadians if we do not know what those standards and regulations will be?

What is the $290 million for? Is there a breakdown of how that money will be spent? That is a question I asked last night at the briefing.

Do we have estimates or examples of the potential costs to the private sector? When asked last night, ministerial staff said that they do not. However, there are three provinces that have put incredible legislation in place, groundbreaking legislation, sometimes too quickly, sometimes too slowly, but there are examples we can learn from and that data has not been provided to members of this House.

What tangible effect will this have on day one? What does this change mean on day one, upon assent?

These are serious questions that we need answers to as we go through this process, as we go through the committee stage, and as we come back to the House, so that we, as members of this House, can provide correct, legitimate information, not just to the private sector companies that will be affected, not just to the government agencies that will be affected, but to Canadians who are living with disabilities, Canadians who worry about accessibility, and the family members of those individuals.

We need to be able to provide very current, structured information to ensure that this is not just another piece of legislation that may go somewhere some day.

I firmly believe, as a parliamentarian, that the opportunity to vote on this bill and to understand the standards would significantly improve my ability to do my job, but also improve the speed at which we affect Canadians with disabilities, we effect change in such a significant area.

In 2016-17, Global Affairs Canada spent $4.2 billion on foreign aid. I could run through all of it, and it ranges from Afghanistan at $232 million right down to Colombia at $66 million. However, when I asked the question to the Library of Parliament about how much money we spend each and every year on accessibility and Canadians with disabilities, across departments because there is the department but there is also money spent in other areas on this specific item, I could not be given an exact answer.

Bill C-81 proposes we spend $290 million. There would also be a bump-up in funding for the enabling accessibility fund, but the $290 million would not go directly to helping Canadians with disabilities. It would go to things like audits to figure out perhaps what changes need to be made in government buildings. Perhaps it would go to consultants to say which buildings we are going to look at on a go-forward basis versus those that we are going to retrofit. We still do not have a breakdown of where these dollars would actually end up. We know they would end up hiring more public servants, and specifically those who are living with disabilities. I do not think anybody in this House would ever say anything negative about hiring somebody with a disability and being able to bring that culture within the arms of government.

However, the $290 million does not even scratch the surface of what it will cost the government and the taxpayers and the federally regulated private sector to catch up to these new standards. I am not saying it is too expensive to do; I do not want to be misinterpreted here. I am saying that in order to effectively fulfill what we are trying to achieve, which is bettering life for persons with disabilities, we need to be able to eloquently, clearly and with clarity explain what these changes would mean to individuals, to businesses and to government. We know how much we spend on foreign aid, and I hope we can find out how much we are spending on Canadians with disabilities. We know how much we are willing to spend abroad on non-Canadian citizens. I hope we can find out how much we spend on some of Canada's most at risk.

As many of us know, this legislation was introduced in June 2018, two and a half years after the government took power. It is only after three cabinet shuffles that we finally get to the place where we are now. I do not blame the minister for that. Certainly some of those circumstances were challenging for the government. Why has it taken so long for legislation to finally be introduced? The first mandate letter called for this work to begin in November 2015. In fact, the Liberal platform called for this work to happen. Each mandate letter since has called on the minister to be responsible to continue the consultation process and to produce legislation. Now we have this bill in front of us, and we can know and see that all it does is actually call for more consultation and for the regulatory process changes to begin being looked at. It would not actually bring those changes to Canadians.

Therefore, after three years, after a price tag of $290 million, after saying we are going to hire 5,000 new public servants, we still do not know what the tangible effect on Canadians living with disabilities would be, what effect it would have when they are in a Service Canada building, what effect it would have when they are dealing with perhaps transportation at a local airport. It is still not here three years on. How could this be considered sufficient? When the minister said it has been slow, she is correct. It has actually been non-existent. There is $290 million more, and we still do not have those tangible results.

I will give an example of how quickly things get done when the will exists within the government. This is not a challenge to the minister but rather to the government as a whole.

During the 2008 election, the Conservative Party, under then Prime Minister Stephen Harper, promised it would introduce the registered disability savings plan, RDSP. That election was in October. By December of that exact same year, the RDSP was introduced and available for Canadians to take advantage of, so 60 days or two months later. Here we are three years later without a single, standard or regulatory change to actually be able to point to. That monumental change under then Prime Minister Stephen Harper took under three months. By the time this bill passes, it will have taken three years. An important thing to remember is that this legislation will not change anything once it becomes law in terms of regulation and standards; rather, it asks that the government find out what regulations and standards it would like to produce. On top of the three years it took to get to this point, Canadians might have to wait another six years before these new regulations take effect, this with a $290-million consultation taking place.

When you take a wider look over the past three years at what the government has done on this file, so far it is more harm than good: the clawback of the DTC and RDSP; the ability for Canadians to access those tax savings vehicles; the challenges that lay ahead for Canadians living with disabilities to be able to save, to be able to have a secure financial future; and, for those who no longer qualified for the disability tax credit, to have their RDSP perhaps clawed back. This is the legacy that we have seen from the government since 2015, yet in every single mandate letter the Prime Minister has called for continued consultation toward crafting this legislation. What we did not realize is the crafting of the legislation would be more consultation. We now have this legislation and $290 million and it is more consultation. How does evermore consultation help Canadians with disabilities today? I do not think we should ever stop consulting. However, at some point there needs to be a tangible standard change, there needs to be a tangible regulatory change that we can hang our hat on, that we can say, “This is what we are doing to improve the lives of Canadians who are living with disabilities to improve accessibility across this country.”

This legislation was touted by the government as the most historic piece of legislation for Canadians with disabilities since Confederation. However, I have not been told one single tangible change that this bill brings into effect. We all around this House, from every party, want to help Canadians living with disabilities. There is support from every corner of this institution for legislation that helps Canadians with disabilities. However, all this legislation represents is going away and creating a plan. What has the government been doing on this file for the last three years if it has to spend $290 million to create a plan?

The previous government introduced the RDSP, which quickly gave Canadians with disabilities better financial security. It was established in 2008, and 105,000 of these accounts were set up. Over $1 billion has been added to the savings of Canadians with disabilities.

In the last year alone, we have had two Conservative members of Parliament and a New Democrat introduce private members' bills aimed at easing the lives of Canadians living with disabilities, and accessibility to government programs.

We have seen the member for Carleton introduce legislation, trying to secure the financial future. Not just the financial future in terms of savings through government programs, but also the financial future of Canadians living with disabilities to be able to grow into the private sector without being hurt or pushed aside by the existing boxes in government programming. We have seen a member from Calgary bring forward a bill with regard to Canadians living with rare diseases. We have seen a bill come forward in terms of accessibility to Canadian websites for those living with disabilities.

We have seen these pieces come forward from all around the House, and this goes to show that we all want to see movement. The problem is that this bill is not movement. This bill is a plan to one day, potentially, maybe, hopefully get to movement.

The government could not build an ice rink on time and on budget. How can we expect it to properly manage this file? Why is it that we as parliamentarians, after we pass this bill, and the regulations and standards have then gone out, sought after, drafted, taking three, five or six years, do not have the ability to see them again?

The request through this bill is that we give a blank cheque in terms of the standards and regulations. I know that all around this House we want to do everything that we can to make lives easier, to break some of the cycles that affect persons with disabilities in regard to poverty and accessibility.

However, we must do this responsibly. We must do this working with private sector. We must do this working with government institutions. We must do this working with persons with disabilities, setting a timeline, setting measurables in place so they understand what effect this is going to have on their lives. We must ensure, going forward, that each and every interaction, especially with a federal government institution or at a federal government building, is one that is with respect and dignity.

That is what everybody expects in the House of Commons of our government. It is what everybody in the House of Commons expects of our private sector. We must be responsible with our conduct and how we move forward at this point.

I still have major concerns with how we end up in a process where we say “Yes” as a Parliament but have no idea what the effects of the bill will be. It is incredible.

As we look forward to the next election, I would like nothing more than to go to Canadians and say, “This is what we are spending your money on, and these are the tangible effects it is going to have on persons with disabilities.” I would like nothing more than to call my own mother and say, “These are the things we are doing to make life easier for people like you.” I would like nothing more than that. However, I do not know what we are doing, because it is not in the bill.

I want to end today, perhaps being a bit negative at times in this speech. However, at the same time, it is important that we hold our government to account, and it is important to this process that we actually get the best piece of legislation we can, moving forward.

To the minister, I want to say, “Thank you. I look forward to working with you. I certainly appreciate you reaching out to me earlier this week.”

Accessible Canada ActGovernment Orders

September 19th, 2018 / 3:45 p.m.
See context

Minister of Public Services and Procurement and Accessibility, Lib.

Carla Qualtrough

Madam Speaker, for some time the disability community has been calling on Canada to more actively implement the UN convention. We have taken some steps, but I absolutely agree with the member that we have not moved far enough ahead.

I see this particular bill as a big step forward toward the full implementation of the UN Convention on the Rights of Persons with Disabilities. We are working on the UN optional protocol. A particularly exciting part of Bill C-81 for me is designating the Canadian Human Rights Commission as the organization responsible for monitoring our implementation of the UN convention.

I think these steps go a long way. I look forward to working with the member in committee and at other opportunities to make this bill the best we can for Canadians with disabilities.