Press Release – ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act

ARCH Disability Law Centre welcomes the passage of the Accessible Canada Act, an important moment in Canada’s disability rights movement continuing towards our goal of full inclusion and equality for persons with disabilities across Canada.

The Accessible Canada Act is federal accessibility legislation. Its stated purpose is to achieve a barrier free Canada by 2040. To do this, the Act gives powers to the Government of Canada, the Canadian Transportation Agency and the Canadian Radio-television and telecommunications commission to create new legal requirements for advancing accessibility in federal employment, the built environment, transportation, procurement of goods, services and facilities, information and communication technologies, communication, and the design and delivery of programs and services. These new legal requirements will be aimed at identifying, removing and preventing barriers, which the Act defines as anything that hinders the full and equal participation in society of persons with a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or functional limitation.

Bill C-81 – Accessible Canada Act was first introduced in the House of Commons in June 2018. As the Bill wound its way through the legislative process, a number of important changes were made to it. In particular, the Senate Standing Committee on Social Affairs, Science and Technology (SOCI) made several amendments which strengthened the Bill. For example, SOCI included in the Bill a timeline of 2040 for achieving a barrier free Canada; added multiple and intersectional discrimination as a principle which must be considered when laws, policies, services and programs are developed; clarified that nothing in the Bill or its regulations limits the existing legal obligation to accommodate persons with disabilities; and recognized sign languages as the primary languages for communication by Deaf persons in Canada.

SOCI adopted these amendments after receiving recommendations from disability organizations across Canada. “ARCH thanks Senators for listening to the concerns of disability communities and taking action to address them. The amendments made by the Senate strengthen the Accessible Canada Act. We commend Minister Qualtrough and the Government for voting to pass Bill C-81 with all the amendments made by the Senate” said Robert Lattanzio, Executive Director of ARCH.

Throughout Bill C-81’s journey, disability communities across Canada were actively involved in advocating for the Bill to be as strong as possible. ARCH worked closely with Council of Canadians with Disabilities (CCD), AODA Alliance and over 90 national, provincial and local disability groups. To support disability communities with their advocacy, ARCH wrote an extensive legal analysis of Bill C-81, provided updates on the Bill’s progress in our quarterly newsletter, gave presentations on the legislation, and produced a series of Briefing Notes explaining key amendments sought. ARCH also worked with CCD and AODA Alliance to coordinate 2 Open Letter campaigns. “Advocating to strengthen Bill C-81 has provided opportunities for disability communities to work together. It has been a privilege to work closely with so many dedicated advocates. The Accessible Canada Act is stronger because of their tireless work” said Kerri Joffe, ARCH Staff Lawyer.

Despite the helpful amendments that were made to the legislation, a number of concerns raised by ARCH and other disability groups remain. One such weakness is the use of permissive language “may” rather than directive language “shall” or “must” in the Accessible Canada Act. This language gives government, the Canadian Transportation Agency, the CRTC and other bodies power to make and enforce the new accessibility requirements, but does not actually require them to use these powers.

The Accessible Canada Act has been passed by the House of Commons, but there is still one more step before it becomes law – the Act must receive Royal Asset. ARCH urges the Government to ensure that the Act receives Royal Assent before the next federal election is called.

For more details contact:

Robert Lattanzio, Executive Director
416-482-8255 x. 2233

Kerri Joffe, Staff Lawyer
416-482-8255 x. 2222

For more information, go to www.archdisabilitylaw.ca/initiatives/advocating-for-accessibility-in-canada