Summary Note: Bill C-81 Parliamentary Study - Wednesday November 7, 2018

Dear Colleagues,

As you are aware Parliament is presently holding hearings on Bill C-81 (The Accessible Canada Act).  The CNIB has undertaken to provide brief daily summaries of these hearings, and they have generously agreed to allow CCD to have them translated for circulation across the country, in both English and French.  Therefore, please find attached the CNIB summary for the hearing on October 18, 2018.  We will continue to translate and share these summaries as quickly as we are able.  Meantime thanks to the CNIB for this collaboration! 

Steven Estey
Government & Community Relations Manager
Council of Canadians with Disabilities
343 Preston Street, 11th Floor
Ottawa, ON K1S 1N4
steven@ccdonline.ca
www.ccdonline.ca

Summary Note: Bill C-81 Parliamentary Study - Wednesday November 7, 2018

Please find a summary of the November 7, 2018 meeting of the House of Commons Standing Committee on Human Resources, Skills and Social Development and Status of Persons with Disabilities (HUMA). This was the first of two meetings where clause-by-clause amendments to Bill C-81, the Accessible Canada Act, were considered.

Executive Summary:

The HUMA Committee had it's first meeting to carry clause by clause amendments. The Liberals defeated any amendments put forth by the NDP, CPC and the Green Party. The only significant amendments made were to remove the word "progressive" so the legislation is just a realization of a barrier free Canada. Amendments were also put forth to expand the definition of disability to include cognitive impairments and invisible disabilities. For a complete breakdown of proposed amendments, see below.

A big thank you to Alice Clark, Specialist, Government Relations and Policy, for monitoring and reporting back on this important committee. If you have any questions please provide them to myself or Alice Clark.

Thomas Simpson

Section 2 INTERPRETATION (Page 2)

Liberal Amendment 1: Add cognitive impairment to the definition of disability. CARRIED

Liberal Amendment 2: Add the words "evidence or not" to the definition of disability to include invisible disabilities. CARRIED

Liberal Amendment 3: A definition be added to include Aboriginal Peoples. WITHDRAWN

CPC Amendment 1: Add law to the definition of identity; rewrite page 2 line 11 to read, "that is the result of a law, a policy, or a practice – that hinders…" DENIED

CPC Amendment 2: Change the definition of disability on page 2 line 22 to read, "disability includes any impairment including: physical, mental, intellectual…" DENIED

Green Party Amendment 1: Definition of Minister be changed to appoint the Minister of Justice responsible for this legislation if Cabinet fails to appoint a Minister. DENIED

Section 2 CARRIED as amended.
Section 3 HER MAJESTY (Page 2) – Carried as is (no amendments)

Section 4 DESIGNATION (Page 2) – Carried as is (no amendments)

Section 5 PURPOSE (Page 2)

Liberal Amendment 4: Remove the word progressive; rewrite line 10/11 to read, "persons with disabilities, through the realization, within the purview of matters coming within…" CARRIED

Liberal Amendment 5: Add accessibility and communication as a priority (not read specifically). CARRIED

CPC Amendment 3: Add the words "over a 10 year period" to section 5 by amending line 11 to read, "realization over a 10 year period, within the purview of matters coming within…" DENIED in a recorded vote

NDP Amendment 1: Not moved because same as previously defeated CPC amendment.

CPC Amendment 3: Add a line at the end (line 24) that adds section (h) Communication as the list of barriers. DENIED

Section 5 CARRIED as amended

Section 6 PRINCIPLES (Page 4)

Liberal Amendment 6: Add another section after line 21 to read, "(f) Communications does not include broadcasting or telecommunications." CARRIED

Liberal Amendment 7: Remove all reference to abilities. Instead of reading "regardless of their abilities or disabilities" the legislation will just refer to disabilities. CARRIED

Liberal Amendment 8: Not specifically worded; amending lines 15-20 so the wording allows the highest level of accessibility prevails. CARRIED

CPC Amendment 6: To add a section after line 20 that reads, "For greater certainty, in the event of any inconsistencies 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." This is meant to clarify that nothing lessens the CHRA even if the CTA or CRTC create standards that meet this legislation but not the CHRA. Existing human rights are never taken away. DENIED

Liberals: The CHRA is Quasi-Constitutional and always prevail.

NDP Amendment 3: Not moved because same as previously defeated CPC amendment.

Section 6 CARRIED as amended.

Section 7 APPLICATION (Page 4) – Carried as is (no amendments)

Section 8 NON-APPLICATION (Page 5) – Carried as is (no amendments)

Section 9 CANADIAN FORCES (Page 5) – Carried as is (no amendments)

Section 10 ROYAL CANADIAN MOUNTED POLICE (Page 5) – Carried as is (no amendments)

PART 1 Minister's Powers, Duties and Functions

Section 11 MANDATE (Page 6)

Liberal Amendment 9: Remove the word progressive in line 1 as a consequential amendment to the earlier amendment to remove the word progressive. CARRIED

CPC Amendment 7: Add the words, "over a 10 year period" to the end of the Minister's mandate at the end of line 2. DENIED

NDP Amendment 4: Not moved because same as previously defeated CPC amendment.

Green Party Amendment 2: Add a section so line 10 reads, "(3) To ensure the Minister must prepare a plan to set out the objectives and the plan must be ready within 10 years after coming into force and the plan must be prepared 1 year after the section comes into force."  DENIED

Section 11 CARRIED as amended.

Section 12 MINISTER'S POWERS, DUTIES and FUNCTIONS (Page 6)

NDP Amendment 5: Add language that ensures independence by reporting to Parliament and not Government. DENIED

Section 12 – Carried as is (no amendments)

Section 13 POLICIES, PROGRAMS and PROJECTS (Page 6)

CPC Amendment 8: Add a section at the end of Section 13 starting on line 17 that reads, " (2) Priority should be given to ensure any information, product or service that he/she provides is without barriers and that any document he/she creates is in accessible format and in plain language." DENIED

Carried as is (no amendments)

Section 14 GRANTS AND CONTRIBUTIONS (Page 6) – Carried as is (no amendments)

Section 15 INFORMATION (Page 6)

CPC Amendment 9: Change the word "may" to must" so line 21 reads, "Subject to the Statistics Act, the Minister must collect…" DENIED

NDP Amendment 2.1: Not moved because same as previously defeated CPC amendment.

CPC Amendment 10: Add the following paragraphs at the end of Section 15 so line 23 reads:
(2) The Minister must elaborate a plan establishing the objectives to be reached or to realize a Canada without barriers over a 10 year period.
(3) The Minister must cause the plan to be laid before each House of Parliament on any of the first 15 days on which that house is sitting after the report is completed.
(4) The Minister must, on a continuous basis, collect, analyze, publish and distribute the information in relation to progress made in achieving a Canada without barriers.
DENIED in recorded vote

NDP Amendment 2.2 and 2.3: Not moved because same as previously defeated CPC amendment.

Section 15 CARRIED as is (no amendments).

Section 16 COORDINATION WITH PROVINCIAL AND TERRITORIAL AUTHORITIES

Liberal Amendment 9.1: Replace the existing wording in line 24 to read, "The Minister must make every reasonable effort to collaborate with provincial or territorial…" CARRIED

Section 16 CARRIED as amended.

Part 2 CANADIAN ACCESSIBILITY STANDARDS DEVELOPMENT ORGANIZATION

Section 17 (Page 7)

CPC Amendment 11: Replace lines 4 and 5 with, "CASDO is an organization that is independent or at arms length from Government." DENIED

CPC Amendment 13: Add a section at line 9 that reads, "The head office must be without barriers." DENIED

Section 17 passed as is (no amendments)

Section 18 MANDATE (Page 7)

CPC Amendment 15: Add the words "over a 10 year period" to line 11. DENIED

Green Party Amendment 4: Amend 18 (a) to read "the development and revision of accessibility standards 5 years after or an earlier date if specified by the Minister." DENIED

Liberal Amendment 10: Consequential amendment to remove the word progressive from line 10. CARRIED

Liberal Amendment 11: Amend line 11 to read "barriers through, among other means…" CARRIED

CPC Amendment 16: Section 18 be amended to include:
(f) The standards organization must, within 6 months after the day on which this Act comes into force, develop and implement an education and information program for the dissemination of information to the public. DENIED

CPC Amendment 17: Section 18 be amended to include:
(2) The standards organization must develop accessibility standards for every area referred to in paragraph 5(a) – (g) no later than 5 years after the day on which this subsection comes into force.
(3) The standards organization must develop an action plan ranking in priority every area for which accessibility standards are required and provide an action plan to the Minister.
(4) The standards organization must update the action plan annually and provide the updated version to the Minister.
(5) The standards organization must review each accessibility standard every 5 years from the date on which it was established. DENIED

CPC Amendment 18: Section 18 (e) be amended to read:
(e) 1. Carrying out it's mandate, the standards organization must carry out leadership at the national level by ensuring that any information, product o service it provides is without barriers and that any document it creates is in an accessible format and in plan language.
2. When developing accessibility standards in communication and the areas of information and technologies or transportation, the standards organization may consult the CRTC or CTA as the case may be.
3. The standards organization must not refuse any document that is in an accessible format or in plain language. DENIED

NDP Amendment: Not moved because same as previously defeated CPC amendment.

Section 19 POWERS (Page 8)

CPC Amendment 19: Eliminate 19 (e) that would remove the ability for CASDO to charge fees.

NDP Amendment: Not moved because same as previously defeated CPC amendment.

Section 19 passed as is (no amendments).

Section 20 passes as is (no amendments).

Thomas Simpson
Head, Public Affairs and Central Lead, Advocacy
CNIB|INCA
1355 Bank St, Ottawa ON, K1H 8K7
E: Thomas.simpson@cnib.ca