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HomeMy WebLinkAboutCLD-017-19Clarftwn Staff Report If this information is required in an alte nate accessible fo mat, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: September 9, 2019 Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, GAO File Number: Report Subject: Accessible Canada Act Recommendations: 1. That Report CLD-017-19 be received; and Report Number: CLD-017-19 By-law Number: Resolution#: JC-105-19 2. That all interested parties listed in Report CLD-017-19, and any delegations be advised of Council's decision. Page 225 Municipality of Clarington Report CLD-017-19 Report Overview This report will provide a summary of the Accessible Canada Act which received Royal Assent on June 21, 2019. 1. Background Page 2 1.1. Bill C-81, the Accessible Canada Act, was first tabled in Parliament on June 20, 2018, and was passed by the Senate, with amendments, on May 13, 2019. The House of Commons concurred with all amendments on May 29, 2019. 1.2. On June 21, 2019 the Accessible Canada Act received Royal Assent, It was passed in both the House of Commons and the Senate of Canada with unanimous support from all parliamentarians. 1.3. The Accessible Canada Act was developed following the most inclusive and accessible consultations with the disability community in our Country's history. More than 100 accessibility organizations and 6,000 Canadians shared their views and ideas about an accessible Canada. 1.4. Approximately one in five Canadians, or about 6.2 million people aged 15 and over, report having a disability that limits them in their daily activities. In Ontario, approximately 24% of people have a disability. This equates to approximately 23,000 people in Clarington. 2. Purpose and Vision of the Accessible Canada Act 2.1. The Accessible Canada Act aims to benefit everyone, especially persons with disabilities through the realization of a Canada without barriers on or before January 1, 2040. Barriers will be addressed in the following areas: a) Employment; b) The built environment; c) Information and communication technologies; c.1) Communication, other than information and communication technologies; d) The procurement of goods, services and facilities; e) The design and delivery of programs and services; Municipality of Clarington Report CLD-017-19 f) Transportation; and g) Areas designated under regulations made under paragraph 117(1)(b). Page 3 2.2. The Accessible Canada Act will change the way that the Government of Canada, and organizations within federal jurisdiction, address disability and accessibility and interact with Canadians. 2.3. By proactively eliminating and preventing barriers, the Government of Canada aims to ensure greater opportunities for persons with disabilities. 3. Guiding Principles 3.1. The Accessible Canada Act sets out clear guiding principles that shall be reflected in the implementation of the Act and its future standards. 1. All persons must be treated with dignity regardless of their disabilities; 2. All persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities; 3. All persons must have barrier -free access to full and equal participation in society, regardless of their disabilities; 4. Laws, policies, programs, services and structures must take into account the disabilities of persons, the different ways that persons interact with their environment and the multiple and intersecting forms of marginalization and discrimination faced by persons; 5. Persons with disabilities must be involved in the development and design of laws, policies, services and structures; and 6. The development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities. 3.2. In comparison to the Accessibility for Ontarians with Disabilities Act (AODA), the guiding principles are a significant step forward for an accessibility act. There are no similar principles in the AODA, which has led to differences of opinion between advocates and obligated organizations. Municipality of Clarington Page 4 Report CLD-017-19 4. Disability Definitions 4.1. There are two definitions in the Accessible Canada Act that are significantly different from the AODA and it is expected that these federal definitions may impact the AODA in future reviews of the act and its standards; although there is no immediate impact. This new definition of disability may also impact social programs and services in the future as the Ontario Government may want to harmonize definitions to reduce confusion and ensure consistency. 4.2. Disability is defined as any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person's full and equal participation in society. 4.3. Barrier is defined as anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellection, cognitive, learning, communication or sensory impairment or a functional limitation. 4.4. Together, the definitions of disability and barrier emphasize the relationship between an impairment or functional limitation and the world around them. It shifts disability from an individual issue to one that requires society to address barriers that limit people with disabilities. 5. Standards of the Accessible Canada Act 5.1. Similar to the AODA, the Accessible Canada Act will establish accessibility standards. It will be in these accessibility standards where the Government of Canada will establish what requirements obligated organizations must follow and by what timeframe. 5.2. Future standards will address federally regulated entities such as Parliament, the Government of Canada, and federally -regulated sectors in the following ways: a. Service design and delivery (services that are accessible to everyone) b. Built environment (moving freely in buildings and public spaces) c. Information and communication technologies (digital content and technologies) d. Communications (for people with communication disabilities) Municipality of Clarington Page 5 Report CLD-017-19 e. Transportation (air, rail and other federally regulated transportation networks) Procurement (ensuring purchases of accessible goods, services and facilities) 5.3. It is unclear, at this time, the specifics of what will be included in these future standards. It is expected that the Government of Canada will consult with Canadians with disabilities extensively, just as they did with the development of the Accessible Canada Act. 6. Impact on the Municipality 6.1. The Accessible Canada Act applies to organizations under federal jurisdiction, therefore the impact of this Act on the Municipality of Clarington will be limited, with a few exceptions. 6.2. The Accessible Canada Act establishes a formal National AccessAbility Week beginning on the last Sunday of May. In the past, there was no official National AccessAbility Week, just unofficial weeks established by community groups that roughly coincided with the abovementioned week. Sometimes they were called National Access Awareness Week or other similar variations. 6.3. Since the Municipality has been recognizing National AccessAbility Week each year, there is no new impact. 6.4. The Accessible Canada Act establishes that American Sign Language, Quebec Sign Language and Indigenous sign languages are recognised as the primary languages for communication by Deaf persons in Canada. 6.5. Prior to this, there was no formal recognition of these sign languages. As a result, persons who communicate through sign language often felt discriminated against because their language was not formally recognized. 6.6. As required under the AODA, the Municipality will communicate with persons in ways that take into account their disability, which includes sign language. No significant impact is anticipated, however it is possible the Municipality will receive more requests for sign language interpretation. 6.7. As noted in section 3.1, the Accessible Canada Act sets out to achieve the highest level of accessibility. This is a substantial step forward, especially in comparison to the AODA which is often referred to as "minimum standards" for accessibility. Instead of working towards "minimum standards", the Accessible Canada Act is working towards the highest level of accessibility. Municipality of Clarington Page 6 Report CLD-017-19 6.8. At this time there is no direct impact on the Municipality, however once the standards are in place, there may be best practices or design features that could be voluntarily adopted. While the Municipality would not be obligated to comply with the federal standards, there is nothing that would prohibit us from doing so voluntarily, if it resulted in a higher level of accessibility. 7. Concurrence Not Applicable. 8. Conclusion While the Municipality of Clarington is not directly impacted by the passage of the Accessible Canada Act, we will continue to monitor its progress for best practices and opportunities for removing barriers in our communities. The Municipality of Clarington will continue comply with the AODA and its standards. Our goal of becoming a barrier -free community is unchanged and our commitment to accessibility remains strong and focused. It is respectfully recommended that Council receive this report for information. Staff Contact: Jeannette Whynot, Accessibility Coordinator, 905-623-3379 x 2131 or jwhynot@clarington.net. Attachments: Not Applicable Interested Parties: That all interested parties listed in Report CLD-017-19 and any delegations be advised of Council's decision.