Human Resources Committee on Oct. 2nd, 2018

[The Chair, Liberal, Bryan May]

Okay. Thank you.

That actually frees up some time.

MP Hardcastle.

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

Thank you.

I want to go back to the issue of exemptions, because I'm still trying to understand. It's the minister who has to deem the exemption.

We already have a track record for the CRTC and the CTA, to be frank. That's where my concern is. What is the recourse? What is the appeal process?

Right now, there's no publishing of the decisions and the rationale for them. There's nothing articulated in the bill right now. That's my concern.

I'm not saying that all of these decisions would be arbitrary, but do you see where I'm going? Maybe there's an opportunity where we need to have an amendment, unless I'm understanding it wrong. When a decision is made for an exemption, and I'm in the persons living with disability community—which we just heard here today is supposed to sharpen our swords and advocate whenever we need to on the ground—how do I do that if I don't understand rationale and there's no mechanism right now for me to appeal that decision?

Does that seem as if maybe I'm missing a beat and misunderstanding it, or do you see an opportunity for us to maybe re-examine that?

[James Van Raalte]

From a transparency perspective, the decisions around an exemption do have to be published in the Canada Gazette, so there is an accountability mechanism there in terms of making the public aware of a decision by either a minister or the regulatory body.

From an appeal perspective, ministers can always change their mind. More importantly, from a flexibility perspective, a minister can put conditions on the exemption. The exemption can be time-limited. The exemption can be a partial exemption. I don't want to leave the committee with the impression that it's a carte blanche. But the appeal mechanism would be to the decision-making body itself.

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

Through you, Mr. Chair, the rationale for the decision doesn't have to be published though.

[James Van Raalte]

That is correct.

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

And there isn't a direct appeal process. That's okay if it's just an area we need to explore. I get that. I don't know if that would be under the office of the commissioner or—

[James Van Raalte]

I will clarify that exemptions under the act are undertaken in consultation with the accessibility commissioner.

[The Chair, Liberal, Bryan May]

Excellent. Thank you.

That takes us to the end of our second round.

Sorry, Madam Hardcastle, go ahead.

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

Mr. Chair, maybe we can have that information circulated to the members of the committee just to clarify right now as we go into contemplating amendments. Right now, is there an appeal process for a member of the community to appeal a decision? I think it would be important for us to have that information.

Thanks.

[The Chair, Liberal, Bryan May]

Thank you to everybody present today and watching at home. I want to personally thank those involved in working on the logistics and set-up we have here today. This is unique, and I think it's important to recognize their efforts and the efforts moving forward in this study.

Just as housekeeping on future business, on October 4 we are back here in this space. Again we're going to be working on Bill C-81, in our first session with witnesses. After the break we're back here again in this space on October 16 to meet with the minister and witnesses on motion M-110. Again, thank you to the department officials for being here with us today.

The meeting is adjourned.