House of Commons Hansard #324 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was c-81.

Topics

Accessible Canada ActGovernment Orders

1:10 p.m.

NDP

Scott Duvall NDP Hamilton Mountain, ON

Madam Speaker, the New Democrats think this important legislation. However, my understanding is that this falls under federal jurisdiction buildings for accessibility. The City of Hamilton did a report on where it could help people who had these challenges by making it more accessible for them. In Hamilton, 20% of the population has disabilities. The report said that $157 million were needed to make the city full accessible by the year 2025.

How would this bill help cities like Hamilton to go forward in ensuring this is a barrier-free Canada?

Accessible Canada ActGovernment Orders

1:10 p.m.

Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility), Lib.

Kate Young

Madam Speaker, I have heard that Hamilton is doing extremely great things in moving this forward, and we can learn from that. We can certainly find evidence, as I mentioned, in different provinces and cities like Hamilton that we are doing well. However, some places across Canada are not doing too well and we need to raise the bar.

People with disabilities should not be the only ones who have to push to make Canada more accessible. This legislation really shifts the focus from people with disabilities so they will no longer have to rely on individual Canadians with physical disabilities to fix the system; we need to fix the system. Will it be challenging? Will there be extra costs associated? Of course there will, but we must start moving forward to ensure Canada is accessible for everyone.

Accessible Canada ActGovernment Orders

1:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, as it happens, this is my first occasion to rise to discuss Bill C-81, a bill we have been studying all through the summer months.

I want to thank the parliamentary secretary for using the word “must” just now when she said we must move forward. My question actually relates to that. The word “must” is all too infrequently in the legislation and the word “may” is there a lot more. I do not mind the word “may” for obvious reasons, but in legislative terms, I would rather see “must”.

I will give the parliamentary secretary an example and hope for some encouragement. We need to amend the bill in committee. For instance, the all-important section states, “The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada”, otherwise known as the cabinet, “as the Minister for the purposes of this Act.” There is another section like it that says the accessibility commissioner “may” provide written reports to the minister, who of course may be appointed. It is pretty clear that we need a minister responsible and the intention and spirit of the act make it obvious.

Could the hon. parliamentary secretary reflect on why we would not make it mandatory that cabinet always appoint a minister responsible for purposes of this act?

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1:15 p.m.

Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility), Lib.

Kate Young

Madam Speaker, I appreciate my hon. colleague's underscoring how she likes to use the word may in some instances, but would like the word must to be used in this instance. This is one of those discussions that can be had at the committee level. These are discussions we as a government need to hear, of where there may be room for improvement with the legislation.

I know we have said, time and again, talking about this legislation, that we have to respect the disability community and that “it is nothing about us without us”. That is why we continue to hear that phrase. It is important that the people with disabilities get to appear before committee and express their concerns and what they would like to see in legislation, moving forward.

Accessible Canada ActGovernment Orders

1:15 p.m.

Steven MacKinnon Parliamentary Secretary to the Minister of Public Services and Procurement and Accessibility, Lib.

Madam Speaker, I want to thank the parliamentary secretary and the minister for bringing forward what is a true example of stellar federal leadership in ensuring a barrier-free Canada. I also listened attentively to her speech and was touched by the numerous personal bits of testimony. I know all members of the House can share equivalent stories about people in their lives who have benefited in the past from federal and other intervention with respect to accessibility, and will benefit in the future by the enhanced standards that we will put in place.

I was curious to hear the opposition talk about this in terms of bureaucracies and growing government. Would the parliamentary secretary reflect on federal leadership in this area and what she thinks will be the great advances we make due to this federal leadership and this legislation?

Accessible Canada ActGovernment Orders

1:15 p.m.

Parliamentary Secretary to the Minister of Science and Sport and to the Minister of Public Services and Procurement and Accessibility (Accessibility), Lib.

Kate Young

Madam Speaker, that is a very important question. This speaks to my heart. As members could tell from my speech, a number of times throughout my lifetime I have realized that it is not easy for anyone who has a disability. We all have certain types of disabilities, but some are more impactful and profound than others. We all must take leadership.

I am so proud to be a part of a government that is taking that necessary step. This is the most major legislation for the disabled community in Canada in the last 30 years. We need to move forward. This is not a partisan issue. This is something we all believe is necessary. We must act and act quickly to get this into law so all disabled Canadians can feel they are being listened to and heard and that they will in time reflect how their government and the House are behind them totally.

Accessible Canada ActGovernment Orders

1:20 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I will be splitting my time with the member for Saskatoon West.

I am here to speak to Bill C-81, an act to ensure a barrier-free Canada. This is an important bill and one which we should all be talking about. We should really be considering what it means to have a barrier-free Canada.

Bill C-81 would establish several new important official positions and agencies, for example, the accessibility commissioner in charge of enforcement, a Canadian accessibility standards development organization which would create model accessibility standards that the government could enact as regulations, and a chief accessibility officer to advise and report on progress and needed improvements. It would look at this in terms of what comes under federal jurisdiction. That is a start.

This bill is a positive step in the right direction, but I am concerned that there are some significant gaps. The majority of these gaps are around allowing these organizations to decide instead of enforce. Persons with disabilities are put in positions that often are uncomfortable. It is our job as Canadians, as it is the job of the government, to look at what those barriers are and make a difference.

Bill C-81 does not have any mandatory timelines for implementation, which concerns me, as action is required. The best way to measure action is through outcomes. The bill would not require all federal government laws, policies and programs to be studied through a disability law lens. I think that is important to do as we look into the future of this country. The bill would give several public agencies or officials far too much sweeping power to grant partial or blanket exemptions to specific organizations from important parts of the bill. This is very concerning. Also, the bill would separate enforcement and implementation in a confusing way over four different public agencies. Rather, it should be providing people with disabilities a single service location, a one-stop shop. They really require that to get the action they need.

Recently, I was having a discussion about the bill with a young man in university who has severe dyslexia. He also happens to be my son. As a parent of a child with a severe learning disability, I had a lot of learning to do. He was diagnosed when he was in elementary school. It was very weird for me walking around the world to realize how fast I recognized words and what I gather by seeing words around me every day. My son lives in a world where he is basically always surrounded by a foreign language. I think about when I travel internationally to communities where I cannot read the signs, or I do not understand what the ingredients are or I cannot read the menu. Those are challenges that my son faces every day. He did well in school, obviously, as he is now in university. One of the hardest things for him and his family were the many people who saw him as very intelligent and competent, which he absolutely is, but they did not understand the challenges that he faced because of his learning disability. Many educators thought that if they did something differently they would be able to fix him. I want to be clear. They are not bad people or bad educators. In fact, if it were not for many of them, he would not be in university today. I specifically think of Mr. Murphy, Dr. Morrow and Ms. Fonagy who really supported him. They understood fundamentally that he was not broken, that he is just dyslexic.

What my son said to me this past weekend was profound. He said, “People do not want people with disabilities to be successful. If we succeed, it means they will have to accommodate us.” I really hope that people in the House hear that, because it was really hard for me to hear that. This is a serious reality that accommodation is perceived as a burden, as something that is often seen as too much work.

One day in August I spent two hours in a wheelchair. I learned so much and recognized that I just touched the surface of understanding what it is to live in a wheelchair. The reality for me was that if I wanted to get out of that chair, I just had to stand up. I want to thank my constituent, Karen, for taking me out that day. She has been in a chair for quite a while and she was an amazing teacher. She does this with a lot of political figures. For me, it was an opportunity for a very brief time to experience the world through her eyes and experience.

I learned a lot of things that were really frustrating. I learned that my arms are not very strong. I learned that the Canada Post on Comox Avenue in Comox is very welcoming and accessible, but getting up that ramp sure gave me sore arms.

I learned about the placement of buttons when I wanted to open a door. I learned what it means when there is a small dip or hill and how much harder it is to get up it. I remember watching her coast around at an angle to push the button and then get in the door on an entranceway that was on a hill.

I learned about how challenging it can be to cross the street, because people often do not look for people at that height. She has to sit there and wait until people look her in the eye.

I went through numerous stores, and I am very grateful to all the local businesses that are used to her doing this route. It was amazing for me to see and feel how a small display on the floor would actually mean so much more work to manouevre and try to figure out how to get around it.

I came to the realization that there are a lot of parking spots which are not that accessible. When we see that symbol on the ground in a parking lot, we think it is good that there is accessible parking. However, I saw parking spots that had that symbol that were definitely not accessible.

What was most startling for me was when I posted about that experience. The response of one woman who has a severe disability was that it is simply easier to stay at home. We have to recognize that when we do not create an accessible environment and an accessible Canada, we are leaving people out.

I remember speaking with another gentleman in Campbell River who was also in a wheelchair. He spoke about showing the city the challenges he faces every day, and how the response was it wanted to be helpful but was very overwhelmed because it simply does not have the resources required to actually make it more accommodating for people. I feel for the municipalities that have so few resources and so much of the responsibility. If we want to build a barrier-free Canada, then working with communities must be a fundamental part of the process.

I want to make this clear, because my son always makes me accountable for this. I do not think we should be doing this out of pity. I think that if I felt sorry for my son he would definitely not appreciate it and would take me to task. We should do this because we want everyone to participate in our country. Consideration is about acknowledging that anything could happen to any one of us at any moment, and if it does, we have to rely on one another. Tomorrow if I could not walk, see or read, that would not make me any less of a person.

I want to come back to what my son said, which is, “People do not want people with disabilities to be successful. If we succeed, it means they will have to accommodate us.” We cannot hide from the reality that there is truth in that statement. I am not positive in any way that is the intention of our country or the intention of people. However, the impact is something that can be measured. It is something that is experienced by people who have different challenges. I really want to see a Canada that is accessible to everyone and that looks at opportunities to open the door.

I understand that this bill is focusing on what we can do federally, and I hope and challenge all of us to do so much more. I am happy to support this bill. I am very hopeful that when it goes to committee there is a lot of work done and that a lot of discussion happens with respect to how we can actually make this more fulsome. I want to take out a lot more of the options and have things in the bill that makes action happen. People who have different challenges are tired of hearing things and want to see concrete action on the ground.

We know that poverty rates are considerably higher for people with disabilities and we must be mindful of what the impact is for them with respect to going out and having the energy to be accessible. I remember Karen talking to me about the price differences for a wheelchair, or the tires for a wheelchair, and how she actually goes to a bike shop to get tires because it is significantly cheaper. We need to be looking at these issues. We need to do that because it is simply the best thing to do for our country.

As the seniors critic for the NDP, I would also mention that seniors with disabilities face a higher rate of poverty than people without disabilities. We really need to be comprehensive about this and have that discussion.

I will support the bill. I am happy this bill is here. I am happy that this is something we are discussing. I am always happy to talk about the disabilities that we see and the ones that are invisible. The committee has a lot of work to do, and I hope the bill comes back with a lot more action and a lot less meaningless promises.

Accessible Canada ActGovernment Orders

1:30 p.m.

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Madam Speaker, I would like to thank my hon. colleague for the passion with which she spoke to this issue and for using examples of not only her son but people in our community.

I have had the opportunity to have a number of round tables in Whitby on this piece of legislation, the accessibility act. One of the things they talked about was that they do not want to be cared for, that they want to be able to do things themselves, so I really did appreciate some of your sentiments.

One of the other things that people in Whitby spoke about was that they want to ensure that organizations are compliant. The bill grants the accessibility commissioner, the Canadian Transportation Agency, and the CRTC the powers of inspection and investigation. How important are these powers to ensure there is compliance and that we are truly making an inclusive Canada?

Accessible Canada ActGovernment Orders

1:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I just want to remind the hon. member to address questions and comments through the chair.

Accessible Canada ActGovernment Orders

1:30 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I always appreciate it when we work hard in our constituencies and listen to the people we represent. I fundamentally believe that we are a voice for our riding, and I appreciate the member's work around this bill.

I absolutely agree. I think of all the years of trying to support my son. It is very hard to support somebody when we have no idea what the person is experiencing, but we are trying the best to be there. He was frustrated by the barriers in his way, and even more frustrated when people tried to help him when he was not asking for help. It is very important that when we look at compliance, we look at ways to make sure that the actions are happening and that dignity is given to the people.

When I spent that time with Karen, I learned important things, such as when going up a hill, to not just hold the outside of the wheelchair but to hold the actual tire to get moving up that hill. I struggled behind her. If it came down to an arm-wrestling contest, she would win. She has incredible strength and power.

We have to make sure that in everything we do, we are opening doors. This should not be a country where we leave people behind. Our very existence could depend on it.

Accessible Canada ActGovernment Orders

1:30 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, there are several areas of concern with respect to this piece of legislation. On this side, we are hopeful that when it does get to committee, we are going to be able to work it out.

I know the member spoke about this, but a particular issue is that there are no mandatory timelines. There is $290 million being spent over six years, but within that six years, there is no measurement or time frame in which the action is to be taken.

I was wondering if the hon. member could expand a little more on her concern, and what she is hoping to see once it gets to committee and then comes back to Parliament.

Accessible Canada ActGovernment Orders

1:30 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, there are some things that I am hoping to see change when the legislation goes to committee. I am hoping to see a lot more concrete measures. We need to have something so that it is not just money flowing out, but actual on-the-ground work that needs to be done to support people with disabilities. I hope when the bill goes to the committee that work is done. I am really interested to see what the witnesses share with us.

At the end of the day it is important to recognize that words are not enough. It is really about action. What we need to see in this legislation is action that is measurable, so that we know that these outcomes are really making life better for people who have certain challenges.

Accessible Canada ActGovernment Orders

1:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, my colleague made very thoughtful and moving comments, especially in illustrating the poignant point made by her son, as well as the lessons we can learn from people with disabilities.

To this end, Bill C-81 is before us. The government talks about how we must move forward, yet the bill itself does not require us to work with provincial or municipal governments or the communities to realize accessibility.

I wonder if the member could comment on that, and whether or not we should make that change at committee.

Accessible Canada ActGovernment Orders

1:30 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I absolutely think this issue is something that needs to be looked at in committee.

When I talked to community members in different communities across my large riding of North Island—Powell River, I heard that what we really need to see is support on the ground so that people can lead a more fulsome lives.

Let us get moving. It is time for action.

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1:35 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, Debbie Windsor is a Saskatoon resident who is tired of waiting for life to get better for people living with disabilities. Debbie has used a wheelchair most of her life. When she attended high school, she had to leave her home on the west side of Saskatoon at 5:00 a.m. to head to the east side of Saskatoon, where the only accessible high school was at the time.

Debbie would say that some things have changed since her high school days, but that change has been way too slow and too incremental. In a recent interview with the local paper, Debbie was asked what her biggest frustration was with respect to getting issues addressed for people living with disabilities. She said it was trying to find out where to go and who to speak to to find out who to hold to account so that change could happen.

Debbie is trying to get the message out that things must change for people living with disabilities so that they can be truly included in all aspects of life, from education to employment, so she launched her own radio show, on CFCR in Saskatoon, called Above and Beyond the Disability.

I had the opportunity to sit down with Debbie to discuss what governments must do if they are really serious about making life better for people with disabilities. One thing Debbie impressed upon me was how all too often those employed to provide services to people living with disabilities are non-disabled persons. She and I agree that this has to change.

During our interview, I heard loud and clear from Debbie about the difficulty of holding people to account for changes needed and the slow pace of change. Debbie was also adamant that those with disabilities be included not just as volunteers and consultation participants but as employees in the design and implementation of all services, policies and laws that impact their lives.

As always, it is an honour and a great responsibility to rise in the House to represent my constituents of Saskatoon West to do my best to give the people living in my community a voice in Parliament on issues and concerns that are important to them. Today I stand to speak in support of Bill C-81, an act to ensure a barrier-free Canada. I rise to add my voice to the debate with the hope that the bill will be a game-changer for people in my community like Debbie and the 5.3 million Canadians living with disabilities, and indeed, for all Canadians.

As my colleague from Windsor—Tecumseh stated, “these proceedings” the debate on Bill C-81, “have the potential for tremendous historic significance. We are debating a bill that, if done properly” could very well become “breakthrough legislation” that will be proudly studied and celebrated for many “generations to come.”

We have been anxiously waiting for this legislation since it was promised during the last election, and of course, those living with disabilities and those advocating for disability rights have been waiting much longer for this day to come. It is incumbent on us as parliamentarians, with the input of citizens, to get it right, and that is what I hope we are all here to do today.

To get this legislation right, it needs improvements. The government must be open to allowing it to be thoroughly studied at committee and to ensuring the full participation of those living with disabilities so that their voices and expertise are heard loud and clear during the proceedings. Finally, the government must demonstrate that it is truly listening and will be open to accepting amendments at committee to this important bill.

How can this bill be better? What do we need to do to get it right? Here I will turn to the work and words of those in the know, the individual advocates and groups working to ensure that the human rights of those living with disabilities are respected and protected.

I want to acknowledge the work of Debbie Windsor, Barrier Free Saskatchewan, the National Institute of Disability Management and Research, and the Accessibility for Ontarians with Disabilities Act Alliance for their work and expertise, which has been extremely helpful in informing my comments today.

How do we make this bill better so that it can really be historic in its impact on the lives of people with disabilities? When Debbie mentioned accountability for change, or the lack of accountability, I looked to see if this bill would deliver. It would not. The lack of timelines in the bill is a concern. Without clear timelines, many are concerned that there is no way to hold the government to account for timely implementation.

Splitting enforcement and implementation and spreading those functions over four different agencies seems confusing and overly bureaucratic. I do not see how this would be a preferred way to serve people. I am curious as to how anyone would see this set-up as effective or efficient. It sounds like a system built to serve government, not people.

My colleague, the member for Windsor—Tecumseh, said it well in her speech when she described the enforcement and administration of the bill as a snarl, with the result of very similar regulations being enacted by the different agencies involved rather than by one single agency. The duplication would not just risk inconsistencies, it would create them, causing even further delays. The bill should be streamlining systems, not creating more barriers and bureaucracy.

Exemptions should be the exception, not the rule, but I am afraid that the bill would allow too much latitude for officials to exempt organizations, with little to no oversight or public accountability for why these exemptions were being allowed. This needs to change. If the bill would truly put people first, exemptions would need to be exceptional and reviewed independently.

Both the Canadian Radio-television and Telecommunications Commission, the CRTC, and the Canadian Transportation Agency remain in the frame around enforcement. To my earlier point, most agree that a one-stop enforcement agency is preferred by just about everyone who has commented on the bill. Putting that aside for a moment, neither of these agencies have proven effective in enforcing their current obligations on accessibility. Both of them have broad powers to exempt organizations from complying with the proposed legislation. Hopefully, committee members will carefully review and improve this aspect of the bill.

As the minister mentioned in her speech, the definitions of “barrier” and “disability” put forth in Bill C-81 draw from the Convention on the Rights of Persons with Disabilities. They are broad and inclusive, supporting the greatest number of Canadians.

Since ratifying the UN Convention on the Rights of Persons with Disabilities in 2010, Canada has not proceeded with enabling legislation to bring our laws in line with this international obligation. It is good to see this legislation using definitions found in the convention. It is a good start, but we must not stop there. Bill C-81 does not fulfill all of Canada's obligations under the treaty, so a reference in the legislation to a timeline for when Canada would fully meet its obligations would be an important addition to the bill. I encourage the committee to give this aspect of the bill its attention as well.

This past Saturday afternoon, on the grounds of nine legislative buildings in Canada, including on the grounds of the Saskatchewan legislature, people gathered to demand that American sign language and Quebec sign language be designated official languages in Canada. This call for the inclusion of ASL and QSL was also heard during the government's consultations for Bill C-81. This recognition is not included in the bill as tabled, so I strongly encourage committee members to rectify this oversight with amendments at committee.

David Lepofsky, a Canadian lawyer and disability advocate, in a recent interview, summed up very well where we find ourselves with the tabling of Bill C-81. He said:

It's a good starting point and certainly the most substantial piece of legislation introduced by any government in Canada. But it's going to need substantial additions and improvements to be effective, including a deadline to reach full accessibility.

As I conclude my remarks, I want to reiterate the importance of this legislation in changing millions of people's lives for the better. I also want to reiterate the NDP's support for the bill and the principles it espouses. This is an important piece of legislation. It deserves our time and attention to get it right. It is my hope that we are all on that path together.

Accessible Canada ActGovernment Orders

1:40 p.m.

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, I thank the member opposite for her comments, in particular for referencing David Lepofsky and his input in getting us to where we are today.

One of the concerns we have, as we watch this go through committee, is the tactics that happen sometimes in the House. We would be getting people with disabilities to testify, to come to Ottawa, with attendant care, with medical procedures that will have to be done to get them to fly to Ottawa or to take the train or to get transport here. We saw last spring adjournment motions and all sorts of other trickery in the House that collapsed committee work. In light of the fact that we have such a delicate population, in terms of accommodation and people who want to speak to the issue, could you give us the assurance that the NDP would not play games to interfere with people with disabilities coming to testify so that reasonable accommodation could be met and we would not be bringing people to Ottawa just to send them home?

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1:45 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I certainly will not give you that reassurance, and I would ask the member to address the questions and comments to the Chair. He has been in the House long enough to know that.

The hon. member for Saskatoon West.

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1:45 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, if the member had heard the comments around the House today, especially from the NDP caucus, he would have found that we are supportive of the bill. We have asked the government to share, in its remarks, if it is open to including amendments that would make the bill better. I can only speak for myself, but that conveys my commitment to make the proceedings improve the bill. It is a commitment I have made to my constituents.

All parties in the House cannot step back and say that they have not played games. I hope my colleague will enter into the conversations at committee with a commitment to actually build a barrier-free Canada.

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1:45 p.m.

Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, the member from the NDP mentioned David Lepofsky. He has been a leading advocate for a barrier-free Canada and is probably one of the best examples of thoughtful advocacy I have seen in my time in public life. I recall him teaching, in my bar admission course in Ontario, through the Law Society of Upper Canada, issues related to people facing disabilities. I want to thank Mr. Lepofsky. He is also quite tenacious on social media in making sure that these issues are not forgotten.

The member highlighted a number of the areas where this falls short. All parties, I think, want to see fewer barriers, more engagement and more opportunities for people. The fact is, and this is what Mr. Lepofsky's group has also highlighted, the government provides the ability for itself to set standards or regulations but sets no timeline for the government to lead by example with respect to future plans for its infrastructure in future federal jurisdiction areas, such as ports, airports and these sorts of things. Is that lack of a timeline and a commitment to federal leadership something the member feels is a bit of a shortcoming in Bill C-81?

Accessible Canada ActGovernment Orders

1:45 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I think it was clear in my speech that I am concerned that there do not exist, as another member of the House mentioned, enough “musts” in this legislation so that those folks who have been advocating for legislation such as this would see something happen sooner rather than later.

The other big concern for me, which I have spoken about before and was a big part of my life when I was a social worker, is that I am a real advocate for the one-stop shop. I find the way compliance and enforcement are described in this legislation is very confusing and overly bureaucratic. It certainly does not speak to the issues that were brought to my attention, which is that it is very hard to hold a government to account when there are all these different agencies involved. One needs a road map to deal with them.

I am really hopeful that the government is sincere in what I have heard in the House about being open to amendments to make this legislation stronger and will speak to the many advocates who have said that the legislation is historic but needs help and amendments at committee.

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1:50 p.m.

Liberal

Nick Whalen Liberal St. John's East, NL

Madam Speaker, I am absolutely delighted for the opportunity to speak to the accessible Canada act today.

Throughout the accessible Canada consultation, the broadest consultation on disability in our country's history, the Government of Canada heard from more than 6,000 people and over 90 organizations.

These stakeholders told us clearly and repeatedly that Canada needs disability legislation with teeth. We need legislation that would move us away from the current system of placing the onus on disabled Canadians to remove barriers. We need legislation that would help us build a more inclusive, accessible and tolerant society. We need legislation that would set in place a system to proactively identify, remove and prevent barriers in areas of federal jurisdiction.

To this end, Bill C-81 would create a dedicated accessibility commissioner within the Canadian Human Rights Commission who would be responsible for ensuring that organizations are in fact meeting their obligations under the proposed accessible Canada act.

The need is clear. Let me remind hon. members of a few of the most recent statistics published by Statistics Canada that elucidate this issue.

The employment rate of Canadians aged 25 to 64 with disabilities is a mere 49% compared with 79% for Canadians without a disability. The employment rate among persons aged 25 to 64 with a mild disability is 68% compared with 54% for those with moderate disability and 42% for persons with severe disability, and merely 26% among those with a very severe disability.

Approximately one in two university graduates with or without disability held a professional occupation. However, graduates with a disability were less likely to hold management positions and earned less than those without a disability, especially among men.

Among Canadians with a disability, 12% reported having been refused a job in the previous five years as result of their condition. The percentage was 33% among 25 to 34-year olds with a severe or very severe disability.

I am sure that members on all sides of the House would agree that the measures we are proposing today in Bill C-81 would help address this inequality and are long overdue.

This is how Bill C-81 would work.

With respect to compliance tools, the accessibility commissioner would have access to a variety of proactive enforcement tools to verify compliance and to prevent noncompliance with the act. Proactive inspections of regulated entities would be a large part of ensuring that the onus for removing barriers is not placed on individual Canadians. The accessibility commissioner would be empowered to conduct an inspection of any place that he or she considers necessary to verify compliance. In addition, the commissioner would have the authority to conduct paper-based inspections through production orders.

If, following an inspection, the accessibility commissioner found that an organization had contravened its obligations under the act, there would be a variety of different tools the commissioner could use to ensure compliance.

One of these tools is compliance orders. A compliance order would ensure that if an inspector sees a barrier that needs to be removed immediately, the inspector could order that this be done within a timeframe the commissioner considered appropriate. For instance, if an organization has placed garbage cans that block an accessible entrance, an inspector could order those garbage to be moved without delay.

The accessibility commissioner would also have the authority to issue notices of violation. These notices could be given with a warning or with a monetary penalty.

Under Bill C-81, the maximum penalty for a violation would be $250,000. The penalty issued for a given violation would depend on the nature and the severity of the issue, the criteria for which would be set out in regulations.

However, Bill C-81 also includes the idea of continuing violations, whereby a violation that continues more than one day would constitute a separate violation for each day and could result in separate $250,000 penalties each day the violation continues.

Additionally, if the possibility of an administrative monetary penalty is not enough to encourage an organization to comply with its obligations, Bill C-81 would also provide authority to publish the name of the organization or person who committed the violation, along with the amount of the penalty.

In terms of jurisdiction, compliance and enforcement under Bill C-81 would build on existing expertise within the Government of Canada and fill gaps where needed.

Bill C-81 expands on existing sector-based mandates, authorities, expertise and experience in relation to accessibility within the federal transportation network and broadcasting and telecommunications services.

Both the Canadian Transportation Agency and the Canadian Radio-television and Telecommunications Commission have existing accessibility mandates. Bill C-81 proposes to enhance these mandates and to expand the powers and responsibilities of the Canadian Transportation Agency as well as the CRTC in relation to accessibility. The Canadian Transportation Agency would continue to be responsible for the accessibility of passengers in the federal transportation network, with an enhanced mandate, responsibilities and powers. The Canadian Radio-television and Telecommunications Commission would continue to be responsible for accessibility in relation to broadcasting and telecommunication services with new responsibilities for overseeing accessibility plans, feedback processes and progress reports.

Through amendments to the Canada Transportation Act, the Canadian Transportation Agency would have new proactive compliance tools to ensure that those in the federal transportation network are meeting their accessibility obligations. These compliance tools would be very similar to those of the accessibility commissioner, including the ability to issue notices for violations, with fines again up to $250,000. Given the whole-of-government approach to ensuring the removal of barriers in federal jurisdiction, the bill requires that the various authorities put in place mechanisms for collaboration and coordination across organizations regarding their policies and practices in relation to accessibility.

In terms of remedies, although the focus of Bill C-81 is on proactive and systemic change, the bill also provides for complaints mechanisms for individuals who have been harmed by an organization's non-compliance with its accessibility obligations.

Bill C-81 provides individuals with a right to file complaints with the accessibility commissioner if they have been harmed or have suffered property damage or economic loss as a result of, or have otherwise been adversely affected by, the contravention by an entity of regulations made under the proposed accessibility act. If, after investigating a complaint, the accessibility commissioner finds that the complaint is substantiated, the commissioner could order a broad range of remedies, including that the entity that committed the contravention take appropriate corrective measures; make available to the complainant the rights, opportunities or privileges that they were denied; pay compensation to the complainant for wages they were deprived of, and for expenses incurred by them as a result of the contravention; pay compensation to the complainant for the additional costs of obtaining alternative goods, services, facilities or accommodation as a result of the contravention; pay compensation for any pain and suffering the complainant experienced; and pay the complainant an amount if the accessibility commissioner determines that the contravention is the result of a wilful or reckless practice.

The maximum amount that could be awarded for each of pain and suffering and wilful and reckless practice would initially be set at $20,000, but Bill C-81 includes a provision that would increase these amounts over time to account for inflation. If individuals and organizations think that the accessibility commissioner made an error in dismissing a complaint or in ordering a remedy, they would be able to make an appeal. For most complaints, these appeals would go to the Canadian Human Rights Tribunal. For complaints about parliamentary entities, appeals would go to the Federal Public Sector Labour Relations and Employment Board.

The accessibility commissioner would not be responsible for dealing with all complaints, however. In recognition of, and to leverage, the existing expertise of the Canadian Transportation Agency and the CRTC, these organizations would be responsible for dealing with complaints in the federal passenger transportation network and in respect of the Broadcasting Act and Telecommunications Act, respectively.

Through the amendments to the Canada Transportation Act proposed in Bill C-81, the Canadian Transportation Agency would continue to deal with complaints in relation to undue barriers to the mobility of persons with disabilities in the federal transportation network, with enhanced remedies, such as compensation for pain and suffering, which would be better aligned with the remedies available under the Canadian Human Rights Act.

The Canadian Transportation Agency would also deal with a new type of complaint that addresses contraventions of regulations made under the Canada Transportation Act that result in harm, similar to complaints made to the accessibility commissioner under the proposed accessible canada act, with similar remedies for individuals.

For complaints about broadcasting and telecommunications services, Canadians would continue to file complaints with the CRTC, which would use its existing authorities under the Broadcasting Act and the Telecommunications Act to address the complaints.

In the case of grievances, many public service and parliamentary employees have existing grievance rights. Bill C-81 builds on these rights. Through amendments to the Federal Public Sector Labour Relations Act, the Public Service Employment Act, and the Parliamentary Employment and Staff Relations Act, these employees would be able to refer their complaints for adjudication.

I conclude by saying that I hope all members will support this bill at this reading so that it can go to committee, where it can be reviewed and sent back to the House for approval.

Tornado in GatineauStatements By Members

2 p.m.

Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

Mr. Speaker, this weekend, we were all gripped by images of desolation in the wake of the tornado that tore through Gatineau. The Bloc Québécois stands with the victims. Our hearts go out to them in this difficult time as their resilience is put to the test. I want to thank the first responders and volunteers who are providing invaluable support.

Yesterday, the Government of Quebec announced immediate financial assistance as we await the final tally of the damage. I expect the Canadian government will do the same.

We are also appealing to the public's generosity. For local residents, donations of non-perishable food and personal hygiene products are being collected at the former Sears location at the Galleries de Hull. Quebeckers can donate money to the Red Cross online or by telephone.

Hang in there, Gatineau.

Toronto Municipal ElectionsStatements By Members

2 p.m.

Liberal

Adam Vaughan Liberal Spadina—Fort York, ON

Mr. Speaker, local democracy is under attack in Toronto. While the rest of Ontario's municipalities are holding elections without any interference, Toronto's vote has been plunged into chaos by the Ford government at Queen's Park.

The decision to disrupt the election while already in progress was and is wrong. The arbitrary, unexpected and poorly executed move to cut the size of Toronto's city council is creating uncertainty and confusion. Voters do not know which ward they are in and they do not know which community council is going to handle the critical issues of the neighbourhood. Local democracy matters.

No other city in Ontario is being treated this way. It is not right and it is not fair. The premier has bragged that some parts of Toronto will be overrepresented while others will be deliberately discriminated against. This is vindictive and undemocratic.

Our government knows that municipalities are critical partners in making life better for Canadians. Cities matter, Toronto matters and the people of Toronto have the right to govern themselves through free and fair elections.

Spray Lake SawmillsStatements By Members

2 p.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I rise today to recognize the long-standing legacy of Spray Lake Sawmills in Cochrane, Alberta, as it celebrates its 75th anniversary.

This family-owned business was founded in 1943 by Chester Mjolsness, who set up a permanent home for the sawmill in the town of Cochrane in 1969. The sawmill created jobs for the residents of Cochrane, but to the Mjolsness family, it was also an opportunity to have a positive impact on the growth of the community. Through countless philanthropic gestures, including the construction of a world-class recreation centre, giving back has always been essential to their model of business.

Though at the ripe old age of 99, Chester now leaves the management of the sawmill up to his son, Barry, the importance of the community is still apparent in everything that they do to give back. There are probably not many projects in Cochrane that have not been touched by the Mjolsness family.

To Spray Lake Sawmills and the Mjolsness family, I would like to thank them for all they have done to contribute to the growth and prosperity of Cochrane and area. I congratulate them on achieving this milestone and here is to another 75 years.

Gender Equality WeekStatements By Members

2:05 p.m.

Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, thanks to the leadership of the MP for Mississauga-Lakeshore, this week is Canada's first Gender Equality Week. This week, Canadians are invited to reflect on and address the challenges faced by women and gender-diverse individuals. Advancing gender equality is not only right, it is also smart. If we move forward with meaningful changes, we could add $150 billion to our GDP in less than a decade.

In my riding, I run a program called young women in leadership, where we pair young women with businesses and organizations for a job shadow. It gives young women a chance to experience a career they may not have otherwise considered and has inspired some to change their mind about what path to pursue.

Gender equality means a larger workforce with more diverse ideas and better decision-making. Let us allow Canada's first Gender Equality Week to inspire us, because if we get this right, we all benefit.