Thank you, Mr. Chair. It's a pleasure to be here.
Let me just read some opening remarks.
Members of this standing committee will hear from a variety of witnesses on a wide range of issues regarding this bill and the vision of a barrier-free Canada. There is much to applaud in this historic bill, which seeks to advance the principles of full and equal participation of Canadians with disabilities in all areas of society, whatever a person's abilities and disabilities.
There are also areas of concern with this bill. As Donna has just laid out, these include the absence of measurable targets with specific deadlines; the permissive language in the bill in many sections; the extent of exemptions; the lack of a disability lens; the absence of duties on the Government of Canada for promoting accessibility on the 600-plus first nation communities across the country; the status of ASL and LSQ and rights to communication; the complex model of federal bodies involved in enforcement and adjudication; and, the status of the proposed chief accessibility officer as a Governor in Council appointee rather than an officer of Parliament.
I'm happy to talk about any of those later in discussion. My focus this morning is on what Donna has identified as principle number two in the list of principles by Barrier-Free Canada. I wish to focus on the topic of the scope of application of the proposed act, that is, the entities to which the act will be relevant and seek to influence and support in advancing the inclusion and participation for Canadians with disabilities.
The application of the act is set out in clause 7 of the bill. It outlines various types of entities related to the federal public service, the Canadian Forces and other related parts of the federal public administration.
The question I wish to pose to the committee for your consideration is this: Is this the full scope of application that we should have and that we need to have in order to achieve the fundamental purpose of this act?
Canadians, I believe, have higher expectations and larger ambitions in ensuring a barrier-free society. This certainly is apparent from the extensive cross-country consultations on the planned legislation that took place from July 2016 to February 2017.
I wish to recommend that the scope of the bill and its intended barrier-free objectives be extended to non-federally regulated employers and other organizations: to federal contractors, those organizations, whether federally or provincially regulated, that wish to do business with the Government of Canada, whether that's in producing and providing goods and services on behalf of Parliament and the Government of Canada, and those organizations receiving significant grants, loans and subsidies.
I propose that subclause 7(1) be amended by adding a new item, which would state, “Any entity, business or organization with 100 or more employees and in receipt of goods and services contracts valued at $200,000 with the Government of Canada”.
This recommendation recognizes the substantial and strategic role of the Government of Canada as a funder and as a contractor. It is a role well within the constitutional authority of Parliament and a long-standing practice in federal public policy and financial arrangements. It refers to what some might call the federal spending power.
The idea for this proposed amendment is informed not only by the work of Barrier-Free Canada but in practice by the federal contractors program, first established in 1986 to advance the implementation of the Employment Equity Act. As an established platform, the federal contractors program has real potential to encourage positive changes in human resources policies and in raising awareness and shifting attitudes, thus empowering persons with disabilities.
The federal contractors program could be updated to add, alongside its long-standing goal of promoting the diversity of workforces, the goal of ensuring the accessibility of workplaces, both as built environments and as places of human relations and attitudes, as well as advancing the accessibility of services and program delivery in those places.
This recommendation is also compatible, I think, with the application of certain powers for the proposed Canadian accessibility standards development organization. Under paragraph 19(a) of the bill, that organization can “enter into contracts, agreements or other arrangements with any person or entity, including any government,” as stated.
Under clause 20, the Canadian accessibility standards development organization would be authorized to develop accessibility standards for any person or entity, including any government in Canada or elsewhere.
To support this recommendation, a new series of clauses would need to be added in part 4 of the bill, largely following the format and content of the clauses already contained therein for regulated entities in broadcasting, telecommunications and transportation. I assume that some of those clauses may well be the subject of amendments too.
Part 4 could be amended by adding new clauses, provisionally clauses 73 to 79, that would outline the requirements for entities that I've suggested be added to subclause 7(1). These entities would be required to have in place accessibility plans and actions.
This new part in part 4 could be called “regulated entities in receipt of federal contracts or loans or subsidies for goods and services and others”. These new sections would therefore address the requirements for organizations that receive federal funding or contracts to have in place an initial accessibility plan, the establishment of process, etc.
In conclusion, in my submission I identify two recommended amendments to the bill. I'm happy to talk more about the application or many other aspects of this historic piece of legislation.
Thank you, Mr. Chair.