New proposed disability legislation promises to replace ODA and make Ontario barrier-free by Don Barrie (originally appeared in the Fall 2004-Winter 2005 edition of CILT In The Stream)
On October 12, the Ontario government and Citizenship Minister Marie Bountrogianni announced that the proposal for a more effective disability legislation designed to surpass the Ontarians with Disabilities Act of 2001 has been drafted. This comes as great news for those of us consumers with disabilities living throughout the province.
This legislation, titled Bill 118, promises to make Ontario a better province by creating a society that is open to all, including people with disabilities. According to a statement released by the Ontarians with Disabilities Act Committee, Bill 118 is “a dramatic improvement on the weak, limited ODA 2001 which the previous Conservative government passed.”
Highlights of the proposed Act include:
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Broad, inclusive definitions of disability and barriers that aren't limited to only physical disabilities or physical barriers
Broad, inclusive definitions of disability and barriers that aren't limited to only physical disabilities or physical barriers•Mandatory accessibility standards, developed through regular consultation with persons with disabilities, as well as businesses or organizations in both the public and private sectors, will be developed
Mandatory accessibility standards, developed through regular consultation with persons with disabilities, as well as businesses or organizations in both the public and private sectors, will be developed•A fair and effective enforcement mechanism to ensure that progress is made
A fair and effective enforcement mechanism to ensure that progress is made•Timelines to ensure progress
Timelines to ensure progress•Efficient enforcement tools to ensure compliance
Efficient enforcement tools to ensure compliance•Incentives to ensure compliance
Incentives to ensure compliance The bad news, however, is that it would take 20 years to implement all of the Act’s initiatives, to be reached in five-year increments. The Liberals under Premier Dalton McGuinty wholeheartedly support Bill 118, but it is still unclear what positions the Conservatives and NDP will take. Even though Bill 118 has passed the first reading, usually a good sign, there is a chance that it may not go beyond the second reading. If it does pass the second reading, attempts to have a third may get stalled if it faces opposition.
The news of an Act designed to replace the weak ODA is very encouraging news for the disability community. We are particularly proud that Bill 118, unlike the ODA, applies to private businesses as well as government and other public sector operations. This is important to us because businesses and consumers need to establish a greater relationship in order for these barriers to be completely removed. Those who do not meet targets would face $50,000 fines for an individual and $100,000 fines for a corporation.
The fact that Bill 118 has spread through the Toronto and provincial media is also encouraging. CILT applauds the government for inviting consumer participation and direction in creating this broad, all-encompassing disability legislation.
“There are still many details to be fleshed out, but the consensus is it's definitely a constructive beginning,” says consumer Helen Henderson, the disability news columnist for the Toronto Star.
According to the Ontario Real Estate Law Developments news publication, Statistics Canada estimates there are approximately 1.5 million Ontarians with disabilities. The number is expected to increase to 20 per cent of the population (i.e. three million people) by 2025.
CILT and our IL movement allies will monitor this story closely, and will post updates when available on the What’s New page of our Web site, www.cilt.ca. A follow-up story on Bill 118 may also appear in a future edition of In The Stream.
