Update on the Ontarians with Disabilities Act

By Raymond D. Cohen

Raymond Cohen, Publisher/Editor-in-Chief of ABILITIES magazine, spoke recently with Citizenship Minister Cam Jackson about the Ontarians with Disabilities Act, 2001 (ODA), which received final approval in the Legislature just before Christmas.

Q: Minister, congratulations on bringing in this long-awaited legislation. It must have been personally satisfying to be able to finally honour the government’s commitment to persons with disabilities.

A: Watching the Act receive final approval was indeed a satisfying experience for me and, I think, for many in the disability community who had worked so hard to bring that day about. This really is landmark legislation, so yes, it was a moment to be pleased about.

Q: Some critics contend that the government will now feel that it has met its promise and will move disability issues off its agenda. Do you agree?

A: Obviously not. People first need to remember that this government already has an ongoing multi-billion-dollar commitment to persons with disabilities. As well, this government considers the ODA as not the end of a process, but the beginning. We are moving forward. We have a vision of a fully accessible Ontario - a province where existing barriers are removed and no new ones are created. What I’m hearing is that many people in the community are looking ahead with renewed excitement because they realize that the Act will soon be a living and breathing legal document with the potential to dramatically improve the quality of life of persons with disabilities. There’s a sense of hope and anticipation - and definitely no turning back.

Q: When will the new Act become law?

A: Before it can become law, the Act has to be proclaimed by the Lieutenant Governor. This said, I think it is safe to say that we can soon expect to see proclamation.

Proclamation of the Act will mean that the activity so necessary to achieving a fully accessible society can begin - backed by the full power of the law.

Q: One of your themes as the ODA was being developed was the notion of putting persons with disabilities in the driver’s seat in terms of overseeing the Act and influencing future change. How will that work?

A: Just as the achievement of the Act itself was a collaborative effort, so too will its actual effectiveness depend on different sectors and people sharing responsibility for making Ontario more accessible - in particular, persons with disabilities.

This government is committed to putting persons with disabilities in the driver’s seat. Through their membership and involvement in the new organizations created by the Act, persons with disabilities will help steer us toward a fully accessible society.

Q: What are these new organizations?

A: The first is the Accessibility Advisory Council of Ontario. This council will bring together individuals with the expertise, experience and knowledge to provide strategic advice to the Minister of Citizenship on a wide range of accessibility issues, including the implementation of the Act, any needed public information programs, the access of persons with disabilities to employment and government services and any other matter related to the Act or other subject matter that the minister may require. So as you can see, the council’s mandate is quite broad.

In addition to the Accessibility Advisory Council of Ontario, all municipalities of more than 10,000 people will be required to establish their own accessibility advisory committees. Persons with disabilities will, by law, comprise a majority on these committees.

Several municipalities have already established some sort of accessibility committee. Their success shows the results that flow when persons with disabilities take the lead in making decisions affecting their own lives and their own communities. That’s what we mean when we say that persons with disabilities will be at the forefront of change.

Q: What should people do if they wish to serve on the Accessibility Advisory Council of Ontario?

A: They should write to me. I have already reviewed a number of excellent applications from people who are interested in creating and driving the type of change that this council will be involved in. So do jump in, it really is an excellent time to step forward and help influence change.

Q: Will the positions on the municipal accessibility advisory committees be filled in much the same way?

A: Local councils required to establish municipal advisory committees will be in a better position to release these details once the relevant parts of the Act are proclaimed. Stay in touch with your city hall over the next little while to find out how you can make a difference at the local level.

Q: The Act also establishes an Accessibility Directorate of Ontario within your ministry. Do you have any details on what this new body will do?

A: Planning for the new accessibility directorate is well along - we have actually just finished advertising for a director to lead this change. The directorate will have a broad mandate to assist municipalities, the Ontario Public Service, school boards, public transportation providers, hospitals, colleges and universities with accessibility planning. It will also work with the private sector to develop standards for accessibility.

Another important task will be to continue the change in attitudes and awareness that we have seen in the general public towards persons with disabilities. You know, it was the public’s sense that it was time to "do the right thing" that kept the accessibility issue moving forward. So the directorate will be launching public education programs to continue raising public awareness and support.

All in all, it’s clear that this directorate will be in the thick of the action in the months and years to come.

Q: Can we talk about the amendments the government introduced just before the Act received final approval? Why did your government accept these changes?

A: The short answer is that the amendments made a good bill even better and accepting them was entirely in keeping with the consultative manner in which the Act had been developed from the very beginning. We listened to people who came forward during the consultations, we heard and we acted.

Q: What was the nature of these amendments?

A: The amendments strengthened and rounded out the bill in key areas: for example, we added brain injury to the definition of disability; we required all municipalities to prepare accessibility plans; we added the prospect of a $50,000 fine for municipalities and government ministries that fail to prepare a plan or meet their other obligations; and we made sure that persons with disabilities will be consulted formally on the regulations to accompany the Act. These were sensible changes that came from listening, learning and acting.

Q: You have said on many occasions that the ODA is just one element of the government’s overall commitment to persons with disabilities. What does that mean?

A: The ODA is an important part of Ontario’s drive to full accessibility, but it is not the only element. Our plan actually is a combination of legislative and non-legislative, voluntary and mandatory measures. We are building on a foundation that includes an ongoing commitment to programs and services, pilot programs and research and analysis into how best to increase independence and opportunity. We’re going to build on the partnerships we have already developed with the private sector to encourage the adoption of voluntary standards for accessibility. The result? More great strides toward accessibility in the private sector.

Q: Minister, after much analysis and consultation, you opted in the end for a shared responsibility approach to increasing accessibility. Do you still feel you made the right decision?

A: This government is convinced that this approach will succeed. We’re so much further ahead than we otherwise would have been had we gone with an imposed, top-down and prescriptive approach.

We will get the most out of this legislation by working with each other, innovating, sharing best practices, taking risks and remaining flexible. We will build on what works, learn from what doesn’t and keep our eyes firmly on the prize - a fully accessible Ontario with equal independence and opportunity for all. It’s going to be an exciting few years.