Evidence of meeting #118 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-81.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Marie Bountrogianni  Dean, Chang School, Ryerson University, As an Individual
Patrick Falconer  Consultant, Steering Committee, Barrier-Free Manitoba
Neil Belanger  Executive Director, British Columbia Aboriginal Network on Disability Society
Monique Beaudoin  Administrator, Board of Directors, Confédération des organismes de personnes handicapées du Québec
Camille Desforges  Records Manager, Confédération des organismes de personnes handicapées du Québec
Jane Arkell  Project Director, Federal Accessibility Legislation Alliance
Bill Adair  Executive Director, Federal Accessibility Legislation Alliance
John Barlow  Foothills, CPC
Gordie Hogg  South Surrey—White Rock, Lib.
Kerry Diotte  Edmonton Griesbach, CPC

October 24th, 2018 / 6:50 p.m.


The Chair Liberal Bryan May

Welcome everybody. We're going to get started.

I want to thank everybody for coming back to committee at this late hour this evening. We'll try to get things moving. I have a a bit of a preamble, so you'll have to bear with me.

Welcome to today's meeting on Bill C-81, an act to ensure a barrier-free Canada.

The objective of today's meeting is to continue the committee's thorough review of the bill. I would like to take a moment to remind both those participating in the proceedings, as well as those observing the proceedings in person and on video, that the committee adopted a motion on September 18 that included instructions for the clerk to explore options to allow for the full participation of all witnesses and members of the public on this study.

As a result, the committee has made arrangements to make all meetings in relation to the study of Bill C-81 as accessible as possible, in a variety of ways. This includes providing sign language interpretation and near real-time closed captioning in the room. Please note that both American sign language and Quebec sign language are being offered to our audience.

For those who would like to watch the American sign language interpretation, please sit in the benches to my left. For those who would like to watch the Quebec sign language interpretations, please sit in the benches to my right. In addition, please note that the first two rows of benches have been reserved for those who wish to avail themselves of these interpretation services.

Screens displaying the near real-time closed captioning have also been set up, with the English text to my left and the French text to my right. The sign language interpreters in the room are also being video recorded for the eventual broadcast of the meeting on ParlVu via the committee's website.

In light of these arrangements, the committee would ask that if you need to leave the room during the meeting, please do not walk in front of the sign language interpreters. Instead, please use the extremities of the room. In addition, we would ask that those in the room to remain seated as much as possible during the meeting, so that everyone in the audience can clearly see the sign language interpretation.

Finally, if a member of the audience requires assistance at any time, please notify a member of the staff or the committee clerk.

I will also ask not just the witnesses who will be presenting today but also remind my colleagues, as a result of the interpretation and the unique translation with sign language, to keep our questions and answers at a pace that is not too fast. If I feel that you are going too fast, or if the folks wave to say that you're going too fast, I may interrupt you, so I apologize in advance. We want to make sure that everybody's messages, questions and answers today are being heard in their entirety.

That's the end of my preamble.

I'd like to welcome the witnesses here this evening.

Appearing as an individual, we have Marie Bountrogianni, who is dean of the Chang school at Ryerson University. From Barrier-Free Manitoba, we have Patrick Falconer, consultant to the steering committee. From the British Columbia Aboriginal Network on Disability Society, we have Neil Belanger, executive director. From La Confédération des organismes de personnes handicapées du Québec, we have Monique Beaudoin, administrator, board of directors; and Camille Desforges, records manager. From the Federal Accessibility Legislation Alliance, we have Bill Adair, executive director; and Jane Arkell, project director.

Welcome to everyone. This is a big panel, so we're going to get started right away.

We're going to start with Marie.

The next seven minutes are all yours.

6:50 p.m.

Marie Bountrogianni Dean, Chang School, Ryerson University, As an Individual

Thank you.

Good evening. My name is Marie Bountrogianni, and I'm dean of the G. Raymond Chang School of Continuing Education at Ryerson University. I would like to thank the standing committee for inviting me here to comment on Bill C-81.

I would also like to congratulate Minister Qualtrough and the standing committee on the excellent progress made to date on the bill. I believe that most Canadians would agree that national accessibility legislation is a matter of equality and human rights.

It was my distinct pleasure to serve as cabinet minister in the legislature of Ontario from 2003 to 2007. The highlight of my tenure as minister came in June 2005, when the Accessibility for Ontarians with Disabilities Act, or AODA, received royal assent and came into force. The bill was voted in unanimously in the Ontario legislature. That doesn't happen very often.

I have since had the opportunity to share my experiences developing the legislation and advising representatives from public and private organizations in Japan, Ukraine and New Zealand.

My team and I learned some very important lessons while we were writing the AODA. I'm pleased to share some of these lessons with the committee this evening in the hope that they may help inform Bill C-81.

When I first began university at the University of Waterloo in 1975, co-op placements at that university were limited for women because some of the engineering firms did not have female washrooms. When they were asked why, the answer was that it wasn't worth the expense. Can you imagine, now, our daughters being told anything like that?

This memory of a less equitable time helped inform our mantra towards an accessible Ontario. I thought to myself, “Imagine 30 years from now when people will say there was a time in Ontario only 30 years ago when people complained about the price of a ramp for wheelchairs, the cost of making a washroom accessible or having to hire people with disabilities”.

Following meetings with disability community members and representatives from businesses, we found that they agreed that Ontario's businesses should be accessible; however, business owners were unaware of what a difference a few accommodations could have on their bottom line. During one of these meetings, one of the representatives from business said, “Minister, as a businessman, you are scaring me, but as a father of a daughter with a disability, you are not moving fast enough.” This father's heartfelt sentiment helped inspire my determination to push forward. It also captured the challenge.

During the consultation phase, we studied Great Britain's Disability Discrimination Act and were taught three critical lessons. We would need a clear deadline for an accessible Ontario. There would need to be regulations established through which to enforce the law, and public education would be key for creating awareness about the bill. When we set the 2025 deadline for an accessible Ontario, many criticized that timeline was too long; however, it gave us time to ensure that we were getting it right.

The government is meant to set a positive example for its constituents. I, therefore. support the fact that Bill C-81 is focused on enforcing accessibility in areas that the federal government can regulate. I am hopeful that other Canadian businesses will follow suit. However, I would like to urge the government and the committee to consider setting a firm deadline for a barrier-free Canada.

It has been over 13 years since the AODA came into law, and Ontario still has a lot of work to do to reach its goal of becoming a fully accessible province. Just last week, the Ontario government partially lifted the freeze they imposed in June on the AODA standards development committees. The employment standards development committee can now resume its work recommending revisions to the AODA's employment accessibility standard. Premier Doug Ford also appointed a minister for seniors and accessibility, which I think is a promising step towards promoting compliance with the legislation. I will be meeting with that minister soon.

As identified in Bill C-81, I believe that appointing an accessibility commissioner, a Canadian accessibility standards development organization, and a chief accessibility officer would be heading in an excellent direction for enforcing compliance.

I was recently honoured, as I have been twice before, to participate in the third review of the AODA. This year’s review was led by the Honourable David C. Onley. Some of my feedback could be helpful here.

One of my most pressing recommendations for the AODA is for greater emphasis on web accessibility. At the Chang school, we believe that unlocking accessibility in online environments is an important step towards facilitating equal access and opportunities for people with disabilities. Through collaboration with the Government of Ontario’s enabling change program, the Chang school is currently developing five accessibility courses to help professionals in Ontario—and anywhere, quite frankly—learn how to develop and design accessible websites and web content. These are MOOCs. In other words, they're free for anyone who wishes to take them. They have been very successful. Most free courses have a huge dropout rate. This one doesn't. These modules are very successful.

We're looking to unveil a new website next year, which will be fully accessible.

Our research also identifies a province-wide gap related to accessibility in the post-secondary education market. In order to reduce the 16% unemployment rate among Ontarians with disabilities, we believe that revisions to the AODA need to champion accessible technological innovation and advancement, as well as post-secondary educational offerings that promote accessible and inclusive environments. I believe this can be generalized across the country.

Last year, the Chang school partnered with Ryerson’s digital media zone to launch the accessibility project. This project awarded up to $25,000 and funded 17 projects for students to develop apps and other technological processes, like wearable technologies, to remove barriers faced by people with disabilities and aging populations. I'm proud to say that many of those who were awarded these grants had disabilities themselves. They are developing incredible products.

We were also recently pleased to collaborate with the CNIB to offer two courses in our certificate in entrepreneurship and small business to people living with visual impairment. We're still learning. Even though our courses are accessible, enrolment wasn't and neither were the books, so we had to scramble. Even though we thought we were the experts of the school, we still have a lot to learn. We similarly introduced a new leadership in accessibility and inclusion program this past September.

I believe that these examples help clearly demonstrate that partnership and collaboration are critical for realizing a barrier-free Canada. In technology in particular, we can close the unemployment gap between people with disabilities and people without. We can't really be employed without knowing technology today. It is a major barrier for many.

In closing, I would like to encourage the standing committee to advocate for an appropriate budget for public education on Bill C-81. I believe that awareness is crucial for ensuring compliance with the legislation. I still have people asking me, “What is the AODA?” There will most certainly be push-back, but I urge you to push forward.

Again, I thank the standing committee for having invited me here. It is an honour.

7 p.m.


The Chair Liberal Bryan May

Thank you very much.

Now, from Barrier-Free Manitoba, we have Patrick Falconer, consultant to their steering committee.

The next seven minutes are all yours.

7 p.m.

Patrick Falconer Consultant, Steering Committee, Barrier-Free Manitoba

Good evening and thank you, Mr. Chair, vice-chairs and members, for the invitation to present.

My name is Patrick Falconer. I am here to speak on behalf of Barrier-Free Manitoba and to express our strong support for the calls for significant amendments to Bill C-81 as outlined in briefs by the AODA Alliance, dated September 27, 2018, and by the ARCH Disability Law Centre, dated October 1, 2018.

As a matter of introduction, Barrier-Free Manitoba is the cross-disability, non-partisan community initiative that has worked over the last decade on provincial accessibility rights legislation in Manitoba. Our support for both the AODA Alliance's and the ARCH's briefs is firmly rooted in the experience we have gained through those 10 years.

Our story is one of both hope and disappointment: hope in the Accessibility for Manitobans Act, or what's called “the AMA”, our provincial legislation that promised major progress would be made toward achieving full accessibility by 2023, which enacted and proclaimed in 2013, had set the stage for a decade of sure and steady progress; hope in that the AMA included language, deliverables and accountability measures that created clear obligations for government; hope in that the AMA was passed by a unanimous, all-party, all-member vote of our legislative assembly; and finally, hope in that each major political party recommitted themselves to the full and timely implementation of the AMA in the 2016 general provincial election.

However, that's pretty much where the hope ends and the disappointment begins.

We're now halfway through the promised decade of progress. Only one of five promised accessibility standards has been developed. There is still no compliance framework established. Government has only rarely met its own timelines for obligations under the act. As well, implementation efforts continue to be substantially under-resourced and way behind any reasonable schedule. Getting even this far has taken incredible efforts on the part of our diverse and under-resourced disability communities.

We are gravely concerned that Bill C-81 not only replicates the AMA's weaknesses, but actually compounds them. The bill does not include a clear goal of a barrier-free Canada or a date by which to achieve this. The bill uses permissive language rather than prescriptive language. It enables; it does not require. The bill creates a likelihood of multiple accessibility requirements covering similar types of barriers. It also establishes a diffused and fragmented approach to standards development, compliance and adjudication. The bill lodges responsibility for real progress with the government of the day, not Parliament.

Finally, the bill is extremely convoluted. We believe Bill C-81 as it stands will create confusion for the public, obligated organizations, and Canadians with disabilities alike. It will result in more chasing of tails than forward progress.

While representing a commendable effort with honourable intentions, we are concerned the bill is deeply flawed. Based on our decade of experience and our careful review, BFM strongly supports the recommendations for significant amendments in the two briefs I mentioned by the AODA Alliance and the ARCH Disability Law Centre.

We would respectfully add a word of caution. You might be thinking political parties at the federal level are different from those at the provincial level, or that your party is a different one. Perhaps you're thinking the federal government is a different and more responsible order of government than our provinces. You might be thinking the types of amendments called for by the Alliance and ARCH are excessive. Our hard-won experience over the last decade suggests otherwise.

Bill C-81 presents a historic and long overdue opportunity, the opportunity of a generation. We beseech you not to squander it.

In the brief time I have remaining, I'll highlight two additional areas of concern.

First, it is shocking to us that Bill C-81 does not incorporate any special measures to act on the federal government's constitutional, fiduciary or special responsibilities in relation to indigenous people with disabilities. Disability rates among indigenous people are roughly two to three times higher than for the general population. Indigenous people are also among the Canadians who face the most severe barriers to accessibility. Both the higher rates and the severity of the barriers faced by indigenous people are the direct result of government policies that reflect a shameful past and that continue into the present.

Second, we are concerned that there is no clear reference to the national building code of Canada in Bill C-81. The national building code is not only applicable in areas of federal jurisdiction. It also plays a profound role in shaping the building codes that are developed and adopted by each Canadian province. At both the federal and provincial levels, the building codes and the current limited levels of accessibility that are provided for result in costly and preventable barriers being perpetuated and newly created, every day, in built environments across Canada.

It seems likely that the responsibility for developing strong and effective accessibility standards related to the building code is meant to fall under the purview of the proposed Canadian accessibility standards development organization, CASDO. However, this remains unclear and we believe that explicit reference needs to be added to Bill C-81 or to be clarified as part of the committee's review of this bill.

Thank you for your time and attention. I look forward to our further discussion this evening.

7:05 p.m.


The Chair Liberal Bryan May

Thank you very much, sir.

Now, from the British Columbia Aboriginal Network on Disability Society, we have Neil Belanger, executive director.

7:05 p.m.

Neil Belanger Executive Director, British Columbia Aboriginal Network on Disability Society

Thank you. Good evening.

Before I begin I'd like to acknowledge and thank the Algonquin people, on whose territories we are meeting today. I would also like to thank the committee for this invitation and opportunity to speak to Bill C-81.

My name is Neil Belanger and I am the executive director of the British Columbia Aboriginal Network on Disability Society, an indigenous organization providing disability-related services to indigenous individuals and families residing in both first nation and non-first nation communities.

Our organization is very pleased that the government has introduced Bill C-81 to ensure a barrier-free Canada. It has the great potential to make positive change in many lives. Over the past two years we have had the opportunity to engage first nation communities across Canada in relation to the accessibility legislation as well as to work with our partners at the Assembly of First Nations, the national Native Women's Association and the Federal Accessibility Legislation Alliance in relation to the bill and next steps.

From our work with our partners a number of recommendations have been developed, many of which have already been presented to the committee. I would like to reiterate a few of these priorities from our organization's perspective. Number one is recognition of ASL, LSQ and indigenous sign language as the official language of the deaf. We believe this is not only an important cultural recognition but also serves as a mechanism to promote accessibility across the nation.

Number two is to ensure that the CASDO board and all subsequent committees be composed at a minimum of at least two-thirds representation of persons living with a disability, including indigenous peoples living with disabilities. This is necessary to ensure a broad level of insight and expertise is brought to the board and committees. I would refer to the example of the FALA working group, which is here today, which brought together a diverse range of individuals and groups within the disability sector and through our work together, not only have we collaboratively made recommendations in relation to Bill C-81, but it has provided us an opportunity to learn about each other and the barriers and priorities each of our groups deals with on a daily basis. This has strengthened us as a sector, and would do the same for the CASDO board and subsequent committees.

Number three is that timelines must be established. As with our partners, we are recommending a five-year timeline to implementation.

Finally, our last point is the absence of any reference under the legislation to Canada's 634 first nation communities. From previous testimony to the committee a lack of clarity has been noted as to how Bill C-81 will impact Canada's first nation communities. Indigenous peoples of Canada experience a rate of disability approximately twice that of the non-indigenous population. As well, persons living in poverty are more likely to become disabled than those who do not. Many first nations in Canada have a median income below the poverty line. Understanding this, as an organization we assume that a priority, if not the priority, under the new federal accessibility legislation will be addressing the barriers within Canada's first nation communities where people live, go to school, work, get married, have families and grow old, many of whom live with disabilities.

In December 2017 the Assembly of First Nations passed a resolution requesting the government to support the creation of a distinct first nations accessibility legislation. Since the passing of the AFN resolution, the government has stated its commitment to engaging in a nation-to-nation dialogue to determine how Bill C-81 will be applicable to Canada's first nation communities in its entirety, portions thereof, or not at all. It is our understanding that this nation-to-nation process has not yet commenced.

The position of our organization is clear: regardless of a distinct first nations legislation or the legislation as currently proposed under Bill C-81, the Government of Canada must ensure that substantial and adequate resources are committed and ongoing to ensure that all Canada's first nation communities have the resources necessary to address barriers facing their members living with a disability, as outlined in the principles of Bill C-81. Without this provision, a barrier-free Canada will never be achieved.

Thank you for this opportunity.

7:10 p.m.


The Chair Liberal Bryan May

Up next, from the Confédération des organismes de personnes handicapées du Québec we have Monique Beaudoin, administrator, board of directors; and Camille Desforges, records manager.

7:10 p.m.

Monique Beaudoin Administrator, Board of Directors, Confédération des organismes de personnes handicapées du Québec

Good evening. The presentation will be in French.

First, I want to thank the committee for inviting the Confédération des organismes de personnes handicapées du Québec, or the COPHAN, to give a presentation on Bill C-81.

To bring you up to speed, I'll provide an explanation of the COPHAN. The COPHAN is a provincial organization that consists of about 50 members who have various types of disabilities, such as visual, auditory or motor disabilities, or who have autism or mental health issues or any other disabilities.

We have regional groups, and our members also include provincial associations and a few local organizations. The COPHAN is working on various matters related to the inclusion of individuals and their loved ones, with their families, to ensure social participation in Quebec. We're also working with the federal government on various matters. We're members of the Council of Canadians with Disabilities, or the CCD.

I'll let my colleague, Ms. Desforges, talk about Bill C-81, which we worked on together as a group.

7:15 p.m.

Camille Desforges Records Manager, Confédération des organismes de personnes handicapées du Québec

I want to start my presentation by quoting a Quebec politician. Forty years ago, when an act for persons with disabilities was passed in Quebec, the politician stated the following:

Ideally, a fair and enlightened society shouldn't need an act to ensure that persons with disabilities ... have access to the same services as the general public. In an ideal society, this type of act would be unnecessary. However, the current situation for persons with disabilities requires us to take action.

Forty years later, we're still making the same observation.

The common thread in our brief is the need for the government to develop a concept that we've coined “handi-responsibility.” It can be compared to the concept of social responsibility for sustainable development. In keeping with the “handi-responsibility” concept, the federal government should always include the disability issue in all its measures. We want to reiterate that respect for the autonomy of partners, provinces and territories and the private sector isn't applicable when it comes to the priority of respect for human rights. For example, the government could consider implementing social inclusion provisions. When the government runs a bidding process, companies that provide accessible goods and that also demonstrate that they have a high percentage of employees with functional limitations should be favoured. The government should transition from an economic approach to a social and inclusive approach.

The federal financial leverage is a major issue that the bill doesn't address. By leverage I mean the various federal programs and agreements that support both public and private stakeholders. In our opinion, to ensure sustainable social development, all these money transfers must be governed by the current bill, according to specific accessibility criteria. We could also extend this aspect to international relations and to all economic agreements. The scope of the legislation must also include all the money spent in the areas of activity chosen by the federal government, commonly referred to as the “spending power,” and all intergovernmental transfers.

Since we don't know when the future legislation will be passed, let alone implemented, we believe that it would be appropriate to require the imposition of the standards of the Canadian Standards Association, or the CSA, pending the creation and launch of the Canadian Accessibility Standards Development Organization. The CSA's standards may not be perfect, but we think that they constitute a minimum threshold.

In addition, the updated standards of the Web Content Accessibility Guidelines, or the WCAG, should be adopted to reach level AA on internal and external sites and mobile applications. The organization will then develop its own standards and may adjust the standards already established by the CSA and WCAG.

According to the COPHAN, the Accessibility Commissioner should report to the House of Commons. Moreover, the Commissioner of the Environment and Sustainable Development position seems to be a good point of comparison in terms of its non-renewable seven-year term. A very simple petition system is also managed by the commissioner and could be a suitable approach to accessibility.

In short, our brief may be a little awkward. We weren't able to describe all our ideas in detail. We also lack a clear understanding of the different agreements between the federal government and the provinces. However, the COPHAN is ready to work with the government.

The strong and non-negotiable point is the need to develop a “handi-responsibility” response.

Thank you.

7:15 p.m.


The Chair Liberal Bryan May

Thank you.

Now we will hear from the Federal Accessibility Legislation Alliance.

We're joined by Bill Adair, executive director; and Jane Arkell, project director.

The next seven minutes are all yours.

7:20 p.m.

Jane Arkell Project Director, Federal Accessibility Legislation Alliance

Great. Thank you very much.

First, I, too, would like to recognize that we are on the traditional territory of the Algonquin.

My name is Jane Arkell. In addition to being project director of the Federal Accessibility Legislation Alliance, I'm also executive director of the Active Living Alliance for Canadians with a Disability. The alliance is a member organization of FALA.

I'm here with my colleague today, Bill Adair, who is executive director of Spinal Cord Injury Canada.

SCI Canada leads the Federal Accessibility Legislation Alliance. We are a partnership of 56 organizations that include not only disability-related organizations but other partners that represent people with disabilities in sectors such as the far north, first nations, research, employment, older adults, education, policy and youth.

We have joined together to help develop a strong and effective accessible Canada act. We have also been collaborating with other organizations doing similar work like my friend Neil, and recognize that there's a high degree of agreement on areas of improving Bill C-81.

Thank you so much for inviting us to share the recommendations that we have.

Canada is taking a bold step forward with this proposed legislation. We've waited for legislation like this for a very long time. Truthfully, this gives our community hope. We are finally able to say, my Canada includes me. FALA's position is clear. We want Bill C-81 to be strengthened by incorporating the recommendations we are providing. We want the proposed accessible Canada act to receive royal assent in this current Parliament no later than spring 2019.

I'd like to turn it over to my colleague Bill, who will go through highlights of our recommendations.

7:20 p.m.

Bill Adair Executive Director, Federal Accessibility Legislation Alliance

Thank you, Jane.

Thank you for your attention, committee members, especially at this late hour.

I want to be clear that my comments are only highlights of the 12 detailed recommendations that can be found in the packages that have been distributed. I will walk through each of the 12 recommendations to provide a highlight of each one.

Number one, creating a culture of inclusion and equity is key to the success of the legislation. We recommend that all people employed by the federal public sector, including parliamentarians and their staff, must engage in an intensive awareness and education program. Why? This will ensure everyone understands and is able to demonstrate inclusive attitudes and equitable practices that promote access and inclusion.

Number two, change the terminology “Canadians with disabilities” to read “people in Canada with disabilities”. Why? The legislation should include landed immigrants and others who do not hold Canadian citizenship.

Number three, funding will make or break this legislation, so make it available. People with disabilities and their organizations should be properly compensated. Why? Too often, people with disabilities and organizations are asked to contribute disability expertise with no financial compensation. No other experts are asked to work for free.

Number four, an effective complaints management system must be in place to respond to and resolve complaints. Why? The system must support complainants, prevent compliance disputes between regulated agencies and departments, and ensure that complaints are resolved quickly.

Number five, indigenous peoples are not explicitly in or out of Bill C-81. Give clarity regarding first nations communities and their requirement for compliance with the accessible Canada act or under first nations-specific accessibility legislation, as requested by the Assembly of First Nations. Why? Indigenous peoples with disabilities need to know if this legislation will promote access and inclusion for them.

Number six, expand compliance with standards and regulations beyond the federal jurisdiction. The Government of Canada must promote compliance and, in some situations, require compliance from funding recipients. Why? It's a natural extension to expect entities that receive funding from the Government of Canada to comply with the accessible Canada act.

Number seven, support people with disabilities who experience multiple barriers and intersecting forms of discrimination and marginalization. Why? Access and inclusion requires reaching the most marginalized people in our communities and workplaces. If we don't reach the people who need this legislation the most, then we have failed.

Number eight, put people with disabilities in the fabric of the act. Ensure that the CASDO staff, board and committees include a minimum of two-thirds of people with disabilities. Why? People with disabilities need to be represented in all aspects of the legislation. This honours the principle “nothing about us without us” and provides employment opportunities.

Number nine, access to communication accommodations and supports is a cornerstone of inclusion, and it must be mandatory. Why? This change will enable people with communication disabilities and people who are deaf to fully participate in ways others take for granted.

Number 10, don't delay. All standards and regulations should be implemented within five years. Why? Setting target dates for performance will increase tangible changes in a shorter period of time.

Number 11, the six targeted barrier areas should be changed to seven. Add communication, as it is a significant barrier for many people across a broad range of disabilities. Why? This change will bring focus to barriers, accommodations and supports for people with communication disabilities and for people who are deaf, thereby opening doors to participation.

Number 12, ASL and LSQ are the official languages of the deaf community, so recognize this fact in the accessible Canada act. This recognition is of cultural significance to the deaf community, and it will increase full participation by people who are deaf.

In closing, our community is paying attention like we have never done so before. We are counting on you to make changes that will have a significant impact on our lives. This is a huge responsibility. We've opened up, we've advised and we've taken a lot of time to present the right recommendations. Listen to us. This is your opportunity to be the change.

Thank you.

7:25 p.m.


The Chair Liberal Bryan May

Thanks to all of you for your opening remarks.

We're going to get right into questions from members.

Mr. Barlow, you have six minutes.

7:25 p.m.

John Barlow Foothills, CPC

Thank you very much, Mr. Chair.

I find it nice that you're thanking us for being here at this late hour, but honestly, thank you for taking time out of your schedules to be here and to help us get this bill through as quickly as possible. That is certainly a common theme.

The other common theme that I've heard from many stakeholders, including just about all of you here this evening, is the concern with the lack of timelines in the bill. We've talked a lot over the last few weeks on the fact that when this bill is passed through the House and given royal assent, nothing happens.

We've heard from stakeholders that it's imperative that there are some sort of timelines. There aren't even timelines for when the commissioner, compliance officer or even the CASDO board should be in place.

I know Mr. Falconer and Mr. Adair talked about that five years. Why five years? Is that something that you've experienced in Manitoba? Is there a reason for that number? Is that something that has been proven in the past?

7:25 p.m.

Consultant, Steering Committee, Barrier-Free Manitoba

Patrick Falconer

In Manitoba, the act commits the government to making substantial progress toward full accessibility within 10 years. We're halfway through the five years, now. One would expect there would have been significant progress, or at least the foundation for that laid. The five years doesn't really come from me in terms of looking at it.

Our experience in Manitoba is that the government has dragged its feet, the past government, which was an NDP government. The current government is a PC government. We're not partisan. We're quite happy to be critical of any of the governments for responsibility. In most cases they have been quite defensive and obstinate in terms of trying to find a way to build it up and make more progress. Our experience doesn't provide us with great faith that government is the best stakeholder to hold Parliament to account for progress.

One of the things we've mentioned, and it's mentioned by the AODA Alliance brief, is the issue of vesting final control in Parliament, not in government. Our experience has been that both governments have not been particularly forthcoming.

I can't answer the five-year argument, but....

7:30 p.m.

Foothills, CPC

John Barlow

In that train of thought, holding Parliament to account but also holding those federally regulated businesses to account, that's another reason those timelines are imperative.

7:30 p.m.

Consultant, Steering Committee, Barrier-Free Manitoba

Patrick Falconer

Again, we found that quick progress is important. It is game changing legislation. The longer that games go on as usual, the less likely people take it seriously that there will be a major change put in place. We certainly do encourage quick action. Exactly what the timelines for that are has not been clarified.

7:30 p.m.

Foothills, CPC

John Barlow

Another concern that has been raised is the fact that there is a two-tiered system as part of the bill. Government departments can apply for numerous exemptions, whereas federally regulated companies cannot. There are no fines or accountability on the government's side, while there are in the private sector.

Ms. Bountrogianni, have you been through this? Can you comment on how important the message should be that everyone be treated equally? For Canadians with disabilities, if we're going to enact this—you've all said how historic this could be if we do it right—how important is that message that everybody be treated equally?

7:30 p.m.

Dean, Chang School, Ryerson University, As an Individual

Marie Bountrogianni

I would agree that it is very important.

If I may for a second, we gave the longer timeline because business wanted that timeline. They said that as a business they reinvent themselves anyway every few years; otherwise, they won't stay in business. But it's difficult, particularly during recessions, etc., and we don't want to lay people off. They gave us some good arguments.

We did have standards to be developed every five years or less, and we had timelines for standards development.

A very important part of the bill was compliance and enforcement, but because we did not—and I was part of that government so I will take the blame as well—do a good enough job on publicly educating people, it would be unfair to fine someone if they don't know what they're supposed to be doing. That is why I emphasized that a public education budget and support for those processes are very important. Learn from our challenges and mistakes.

7:30 p.m.

Foothills, CPC

John Barlow

Yes, for sure.

What would be an ideal timeline to have the commissioner in place, the officer in place and the CASDO board in place, at the very least?

Anybody can comment on that. I think that would be a first start, which isn't included in the bill, either.

Mr. Adair, you threw out that five-year timeline. Maybe you could comment on that.

7:30 p.m.

Executive Director, Federal Accessibility Legislation Alliance

Bill Adair

Thank you.

On the five-year timeline, just to mention that before I move to your next question, there is a sense of impatience and there is a sense of urgency for changes to be made. Five years for creating the standards and regulations, and maybe another 18 months for full implementation, is part of the detail in the recommendations that we have put forward.

7:30 p.m.


The Chair Liberal Bryan May

Excellent. Thank you very much.

MP Hogg, you have six minutes, please.

7:30 p.m.

Gordie Hogg South Surrey—White Rock, Lib.

Thank you.

Thank you, again, to the witnesses. The witnesses this evening and the witnesses who have come before us have talked about a sense of excitement, a sense of opportunity, a sense of urgency and a sense of caution, so we have covered pretty much all of the emotions and the frames that exist there.

Following up on MP Barlow's comments, I think there are three things we've heard consistently. One is on the issue of timelines for implementation, what those should be and how they would be handled. There are the issues of enforcement, transitions, exemptions, accountability, and the reporting process—whether it should be a singular reporting process or whether CASDO should be a singular or if rather we should we have CTA and others involved in that to try to cut down on the amount of confusion that might exist. As well as whether it should ultimately be reporting to the House of Commons and, therefore, be an executive, or a member of the House who reports to the House.

Those, I think, are the three issues that we have continued to hear.

Just with respect to being able to learn, I understand that all cultures are slightly different, but there are some commonalities that exist within the context of government.

You talked about the education process. It seems to me that it's a culture we're trying to change. Ultimately, with our set of values, we're trying to have reflected within the preamble, within the goals and expectations, and I don't think the values are explicit but they're inherent within that. Perhaps they should be more explicit. I'm not sure about that.

In terms of your experience with the education process, you talked a little bit about that, but I'm wondering more about the didactic, specific part of that. How do you interpret that into a cultural change rather than a cognitive change?

7:35 p.m.

Dean, Chang School, Ryerson University, As an Individual

Marie Bountrogianni

I think a cultural change and a cognitive change go hand in hand. It's very hard to sit in a classroom, for example, and teach these things abstractly. You have to live them.

For example, for the project I referenced on creating programs and technology for people with disabilities by people with disabilities, we hired a gentleman with a visual impairment to run that program. He was actually legally blind. We've also hired people with mental health issues in our school. Quite frankly, the biggest obstacle sometimes is HR departments or unions with their rules. As much as they want to support who they represent, sometimes they don't want others to get the job without going through the proper process. There are a lot of barriers.

Culturally, I think we're almost there. I think Canadians are really good people. I've travelled the world talking about this, and we are ahead of many cultures. Not all, but we are ahead of many cultures. We have to do it in a way that doesn't threaten the bottom line of a business. People with disabilities don't want businesses to close. They just want access to those businesses. There has to be dialogue at the table of standards development.

Mr. Adair and I were in Ontario together. We had people with disabilities, people from the government and people from businesses at each one of these tables. At least until a few months ago, that's the way development was. Where we are lacking in Ontario is a greater public education strategy. We have isolated parts of excellence—for example, the Pan Am Games, the Invictus Games and some of the hiring practices within the public sector in particular.

We're beginning to see a change. I see the change even in my children, who are millennials, when they are talking about their friends with mental health illnesses and talking about the medication as if it's taking an Aspirin: “Oh, he forgot his clonazepam and we had to go back and get it before we went to the party.” These are things my generation would never admit to doing, or even knowing people like that.

We've come a long way, but government can certainly do more. I was disappointed that we didn't do more. I remember in 2011 there were are few commercials on TV and on the radio, and that was basically it. There were communications right to the organizations, but not as much to the general public.

I think we each have a responsibility. It's not just up to government. That is why we're trying to walk the talk at Ryerson University. We have a very strong equity, diversity and inclusion department that we've grown in the last few years. However, we have also not hired an indigenous professor in the last three years. We haven't, even though it's in our plan to do so. Even well-intentioned—

7:35 p.m.

South Surrey—White Rock, Lib.

Gordie Hogg

The only reason I'm interrupting you is because they tell me I only have 30 seconds, and I want to go over to my new buddy Patrick here, quickly.