The amendment reads:
That Bill C-81, in Clause 6, be amended by adding after line 20 on page 4 the following:
“(2) For greater certainty, in the event of any inconsistency between the provisions of this Act and the provisions of the Canadian Human Rights Act, the provisions of that Act prevail to the extent of the inconsistency.”
We believe that Bill C-81 must clarify that nothing in the act lessens the existing human rights obligations of federally regulated entities under the Canadian Human Rights Act, and that where a conflict arises between the act and another law, the law that provides the greatest accessibility for persons with disabilities will apply.
As the bill is currently written, our fear is that the CTA and the CRTC—more so the CTA—would create standards that wouldn't live up to the provisions of the Canadian Human Rights Act. Even though the CTA could create standards that meet the low bar set by this legislation, it might not meet the high bar of the Canadian Human Rights Act.