Accessible Canada Act

{{Short description|Legislation to prohibit disability discrimination}}{{Multiple issues|{{Primary sources|August 2019|date=December 2023}}

{{Update|date=December 2023}}}}

{{Infobox legislation

| short_title = Accessible Canada Act
Loi canadienne sur l'accessibilité

| legislature = Parliament of Canada

| long_title = An Act to ensure a barrier-free Canada

| citation = Accessible Canada Act{{cite web|url=https://www.parl.ca/DocumentViewer/en/42-1/bill/C-81/royal-assent|title=Government Bill (House of Commons) (C-81)|website=www.parl.ca|date=June 21, 2019|access-date=October 29, 2019|archive-url=https://web.archive.org/web/20190702131134/https://www.parl.ca/DocumentViewer/en/42-1/bill/C-81/royal-assent|archive-date=July 2, 2019|url-status=live}}

| image = Royal Coat of arms of Canada.svg

| imagesize = 130px

| enacted_by = 42nd Canadian Parliament

| date_enacted =

| date_assented = June 21, 2019

| date_signed =

| date_commenced =

| bill = C-81

| bill_citation =

| bill_date =

| introduced_by =

| 1st_reading = June 20, 2018

| 2nd_reading = November 19, 2018

| 3rd_reading = November 27, 2018

| white_paper =

| committee_report =

| amendments =

| repeals =

| related =

| summary =

| keywords =

}}

The Accessible Canada Act (ACA; {{langx|fr|Loi canadienne sur l'accessibilité}}) is a Canada-wide accessibility act that applies to the federal public sector, Crown corporations, and all federally-regulated organizations, building on the Canadian Human Rights Act, and focuses on the prohibition of discrimination based on disability.{{cite web |url=https://equidox.co/blog/accessible-canada-act/ |website=Equidox.co |publisher=Equidox |title=Summary of the Accessible Canada Act|date=10 July 2019 }}

Carla Qualtrough presented Bill C-81 for its final reading on June 21, 2019, where it received Royal Assent. It is the first national Canadian legislation on accessibility that affects all government departments and federally-regulated agencies. The federally regulated organizations{{Cite web|url=https://www.canada.ca/en/employment-social-development/programs/employment-equity/regulated-industries.html|title = List of federally regulated industries and workplaces|date = 23 February 2021}} include the following industries:

railways, airplanes, and inter-provincial buses;
banks, mining companies, railways, airlines, and trucking; and
television and radio.{{cite web|url=https://archdisabilitylaw.ca/resource/fact-sheet-what-is-the-new-accessible-canada-act-aca/|title=Fact Sheet – What is the new Accessible Canada Act (ACA)? |date=October 1, 2019 |publisher=ARCH Disability Law Centre}}{{cite web|url=https://ipolitics.ca/2019/07/11/new-federal-accessibility-law-now-in-force/|title=New federal accessibility law now in force |date=11 July 2019 |publisher=ipolitics}}{{cite web|url=https://www.itbusiness.ca/news/accessible-canada-act-passes-but-canada-still-lags-behind-the-world-in-website-accessibility/111093|title=Accessible Canada Act passes, but Canada still lags behind the world in website accessibility |work=ITBusiness.ca | Business Advantage Through Technology |date=26 June 2019 |publisher=ITBusiness}}

Background and preparation

Bill C-81: An Act to Ensure a Barrier-Free Canada, was tabled in June 2018 by Carla Qualtrough, then-Minister of Public Services and Procurement and Accessibility, following consultations that began in July 2016 by the Government of Canada with over 6,000 Canadians on the issue of accessibility in Canada.

The Office of Public Service Accessibility (OPSA) was established to prepare the public service to meet or exceed the requirements of Bill C-81, and to create the Act's implementation strategy. OPSA's mandate expired in March 2021.

The Act created the Canadian Accessibility Standards Development Organization (now Accessibility Standards Canada) in 2019 as a departmental corporation to create accessibility standards for federally-regulated entities and federal organizations.{{Cite web |title=About us - Accessibility Standards Canada |url=https://accessible.canada.ca/about-us |access-date=2023-12-03 |website=accessible.canada.ca}}

Accessibility Standards Canada

{{Infobox government agency

| name = Accessibility Standards Canada

| formed = {{Start date|2019}}

| preceding1 = Canadian Accessibility Standards Development Organization

| chief1_name = Philip Fawzi Rizcallah{{cite web | url=https://federal-organizations.canada.ca/profil.php?OrgID=CASDO&lang=en | title=Organization Profile - Canadian Accessibility Standards Development Organization }}

| chief1_position = CEO

| chief2_name = Paul-Claude Bérubé

| chief2_position = Chair

| website = https://accessible.canada.ca

}}

Accessibility Standards Canada is an accredited standards development organization responsible for developing accessibility standards to be integrated into Canada's federal regulations.{{cite web|url=https://www.lawtimesnews.com/practice-areas/human-rights/federal-government-names-canadian-accessibility-standards-development-organization-officers/297431|title=Federal government names Canadian Accessibility Standards Development Organization officers |publisher=law times news}}{{cite web|url=https://www.canada.ca/en/canadian-accessibility-standards-development-organization.html|title=Accessibility Standards Canada|date=March 10, 2020|publisher=Government of Canada|archive-url=https://web.archive.org/web/20190923164312/https://www.canada.ca/en/canadian-accessibility-standards-development-organization.html|archive-date=September 23, 2019|url-status=live}} Impacted federally-regulated entities and federal organizations include, among others, government buildings, banks, and federal courts.

ASC was created under the Accessible Canada Act in 2019 as the Canadian Accessibility Standards Development Organization (CASDO). Initial priority areas were defined as: Employment; Emergency measures; Built environment including parks and outdoor recreation facilities; Information and communication technologies; Indigenous accessibility; Accessible communications.{{cite web|url=https://www.canada.ca/en/canadian-accessibility-standards-development-organization/programs/advancing-research.html|title=Advancing Accessibility Standards Research}}

Standards apply to any organization governed by the Canada Labour Code, including:

parliamentary bodies, including
the Senate;
the House of Commons;
the Library of Parliament;
the office of the Senate Ethics Officer;
the office of the Conflict of Interest and Ethics Commissioner;
the Parliamentary Protective Service; and
the office of the Parliamentary Budget Officer.

the Government of Canada and the federal public service, including government departments, agencies, and Crown corporations
federal courts and tribunals
the Canadian Armed Forces and the Royal Canadian Mounted Police (RCMP), taking into account certain job needs
private-sector bodies under federal rule, including organizations in
the federal transportation network;
the broadcasting and telecommunications sectors; and
the banking sector.

Legislated roles

The ACA created the position of an Accessibility Commissioner and Chief Accessibility Officer. The Accessibility Commissioner has the authority to fine organizations up to $250,000 per violation.{{cite web|url=https://www.canadaemploymenthumanrightslaw.com/2019/08/accessible-canada-act-the-act-to-ensure-a-barrier-free-canada/|title=Accessible Canada Act – The Act to Ensure a Barrier Free Canada |date=14 August 2019 |publisher=CanadaEmploymentHumanRightsLaw.com}}{{cite web|url=https://www.mccarthy.ca/en/insights/blogs/canadian-employer-advisor/what-federally-regulated-employers-need-know-about-accessible-canada-act|title=What Federally-Regulated Employers Need to Know About The Accessible Canada Act |date=15 August 2019 |publisher=mccarthy.ca}}

The Accessibility Commissioner has broad powers to conduct investigations of complaints. If the complaint is substantiated, they have the power to order the appropriate corrective measures and pay compensation to the complainant.{{cite web|url=https://www.mondaq.com/canada/employee-rights-labour-relations/830906/the-accessible-canada-act-creates-federal-accessibility-standards-regime|title=Canada: The Accessible Canada Act Creates Federal Accessibility Standards Regime |publisher=Mondaq.com}}{{cite web|url=https://www.fasken.com/en/knowledge/2019/07/federal-sector-update---federal-accessibility-legislation-is-now-in-force/|title=Labour, Employment and Human Rights Bulletin - Federal Sector Update |publisher=fasken.com}}

Mandates and goals

As defined, the ACA will require the public sector to:{{citation needed|date=November 2019}}

hire 5,000 new employees who identify as people with disabilities over five years (1,000/year);
review anything which may be a barrier for the public or the public sector;
create an initial accessibility plan by one year after [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-81/royal-assent#ID0EXLBI a date determined by regulations];
publish an updated accessibility plan, and notify the Accessibility Commissioner, on an annual basis outlining progress to-date. This plan must be made available to people on request.
consult persons with disabilities in the preparation of its accessibility plan and include the manner of consultation in the report.

In the Backgrounder on Accessible Government{{cite web |url=https://www.canada.ca/en/employment-social-development/news/2018/06/backgrounder-accessible-government.html |website=Canada.ca |publisher=Government of Canada |title=Backgrounder: Accessible Government |date=20 June 2018 |access-date=2019-06-08 |archive-url=https://web.archive.org/web/20190608185355/https://www.canada.ca/en/employment-social-development/news/2018/06/backgrounder-accessible-government.html |archive-date=2019-06-08 |url-status=live }} provided by Employment and Social Development Canada (ESDC), several other items have been outlined which pertain to the public sector. Perhaps the most immediate will be the five-year commitment for the public sector to hire a thousand employees per year who identify as people with disabilities.

The government will be investing $53 million over six years, in support of a new Strategy for an Accessible Government of Canada. An "Accessibility Hub" will also be established to provide leadership, coordination and oversight. The details of this strategy and "Accessibility Hub" will be developed and released to the public within one year of the passage of the legislation.{{citation needed|date=November 2019}}

Public Services and Procurement Canada will establish an accessible procurement resource centre.{{cite web |title=PSPC establishes centre of expertise for accessible procurement |url=https://buyandsell.gc.ca/PSPC-establishes-centre-of-expertise-for-accessible-procurement |website=Buy & Sell |publisher=Government of Canada |date=June 7, 2019 |access-date=June 8, 2019 |archive-url=https://web.archive.org/web/20190608191644/https://buyandsell.gc.ca/PSPC-establishes-centre-of-expertise-for-accessible-procurement |archive-date=June 8, 2019 |url-status=live }} The government will adjust its policies to ensure that goods and services procured by the Government of Canada are accessible.

The vision of the ACA is to be the most accessible and inclusive public service in the world.{{cite web |title=New strategy for a more accessible and inclusive public service |date=27 May 2019 |url=https://www.canada.ca/en/treasury-board-secretariat/news/2019/05/new-strategy-for-a-more-accessible-and-inclusive-public-service.html |publisher=Government of Canada |access-date=2019-06-08 |archive-url=https://web.archive.org/web/20190608185629/https://www.canada.ca/en/treasury-board-secretariat/news/2019/05/new-strategy-for-a-more-accessible-and-inclusive-public-service.html |archive-date=2019-06-08 |url-status=live }} The guiding principles are:

Nothing without us: Persons with disabilities are involved in the design and implementation of the strategy.
Collaboration: Departments and agencies work in collaboration with each other as well as with bargaining agents, and other public, private, and not-for-profit organizations.
Sustainability: The strategy prioritizes actions that will have a long-term impact.
Transparency: The strategy is developed and implemented in a transparent manner and departments will report openly and transparently on their efforts to remove barriers.

The five most-pressing goals defined in ACA include:

Improving recruitment, retention, and promotion of persons with disabilities
Enhancing the accessibility of the built environment
Making information and communications technology usable by all
Equipping public servants to design and deliver accessible programs and services
Building an accessibility confident public service

The act recognises "American Sign Language (ASL), Quebec Sign Language and Indigenous sign languages (...) as the primary languages for communication by deaf persons in Canada."{{cite news |last=Koole |first=Marguerite |date=2024-04-22 |title=Saskatchewan recognized ASL and Indigenous sign languages as official languages — and resources are needed for services |url=https://theconversation.com/saskatchewan-recognized-asl-and-indigenous-sign-languages-as-official-languages-and-resources-are-needed-for-services-220366 |access-date=2024-09-04 |work=The Conversation |publisher=The Conversation Trust (UK) Limited |location=}}

Many details are under development.

Enforcement

Representatives from the five organizations responsible for enforcing the ACA make up the Council of Federal Accessibility Agencies (CFAA) along with the Accessibility Commissioner. The five lead organizations are:

These organizations are committed to working together, viewing accessibility as a fundamental human right to be realized across Canada.{{cite press release |title=News release – On the path towards a more accessible Canada with the creation of the Council of Federal Accessibility Agencies |url=https://www.chrc-ccdp.gc.ca/eng/content/news-release-path-towards-more-accessible-canada-creation-council-federal-accessibility |website=Canadian Human Rights Commission |publisher=Government of Canada |date=August 14, 2019 |access-date=November 19, 2019 |archive-url=https://web.archive.org/web/20191029023637/https://www.chrc-ccdp.gc.ca/eng/content/news-release-path-towards-more-accessible-canada-creation-council-federal-accessibility |archive-date=October 29, 2019 |url-status=live }}

National AccessAbility Week

The Bill named National AccessAbility Week as the week starting on the last Sunday in May. This is part of an effort to change the public sector's culture, and celebrate Canadians with disabilities.

Upcoming dates for this event:

2023: May 28 to June 3
2024: May 26 to June 1
2025: May 25 to May 31

Implementation

On April 1, 2020, the Policy on Service and Digital came into effect in the Government of Canada.{{cite web|url=https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32603|title=Policy on Service and Digital|publisher=Government of Canada|date=August 2, 2019|access-date=November 19, 2019|archive-url=https://web.archive.org/web/20191009145108/https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32603|archive-date=October 9, 2019|url-status=live}} This made the Chief Information Officer (CIO) of Canada responsible for prescribing enterprise-wide information and data standards for accessibility. The requirements and direction specified by the CIO guide the deputy heads to ensure their development and delivery.

Organizations which fall under the ACA will need to build accessibility plans, incorporate accessible feedback tools and create annual progress reports to mark progress on accessibility.{{cite web |title=Accessible Canada Act in Plain Language |url=

https://www.include-me.ca/federal-accessibility-legislation-alliance/resource/accessible-canada-act-plain-language#how-would-organizations-follow-the-act |website=Include-Me.CA |date=

14 September 2018 |access-date=2019-06-08 |archive-url=

https://web.archive.org/web/20190608190400/https://www.include-me.ca/federal-accessibility-legislation-alliance/resource/accessible-canada-act-plain-language#how-would-organizations-follow-the-act |archive-date=2019-06-08 |url-status=

live }}{{cite web |title=What is Bill C-81, The Accessible Canada Act? |url=https://siteimprove.com/en-ca/accessibility/accessible-canada-act/#who_must_comply_with_the_accessible_canada_act? |website=siteimprove.com |publisher=Siteimprove |date=June 21, 2019 |access-date=October 15, 2019 |archive-url=https://web.archive.org/web/20190707125742/https://siteimprove.com/en-ca/accessibility/accessible-canada-act/#who_must_comply_with_the_accessible_canada_act? |archive-date=July 7, 2019 |url-status=live }}

Having measurable progress is a key part of the ACA. OPSA is responsible for developing the strategy and supporting its implementation across all government departments.{{cite web |date=June 7, 2019 |title=Introduction: Accessibility strategy for the Public Service of Canada |url=https://www.canada.ca/en/government/publicservice/wellness-inclusion-diversity-public-service/diversity-inclusion-public-service/accessibility-public-service/accessibility-strategy-public-service-toc/accessibility-strategy-public-service-introduction.html |url-status=live |archive-url=https://web.archive.org/web/20190924202838/https://www.canada.ca/en/government/publicservice/wellness-inclusion-diversity-public-service/diversity-inclusion-public-service/accessibility-public-service/accessibility-strategy-public-service-introduction.html#toc3-3 |archive-date=September 24, 2019 |access-date=November 19, 2019 |website=OPSA |publisher=Government of Canada}}

References

External links

[https://laws.justice.gc.ca/eng/acts/A-0.6/page-1.html Accessible Canada Act (S.C. 2019, c. 10)] - Justice Canada
[https://www.canada.ca/en/employment-social-development/programs/accessible-people-disabilities.html Making an accessible Canada for persons with disabilities]
[https://www.cbc.ca/news/opinion/accessibility-law-1.5005005 Canada's pending accessibility law comes off as the Liberals just fulfilling an election promise]
[https://www.ctvnews.ca/politics/canada-s-first-accessibility-bill-could-become-law-next-month-minister-1.4433709 Canada's first accessibility bill could become law next month]
[https://www.essentialaccessibility.com/blog/canadian-accessibility-laws/ An Overview of Canada's Accessibility Laws: A Look at the Old and the New]
[https://siteimprove.com/en-ca/blog/a-complete-overview-of-canada-s-accessibility-laws/ A Complete Overview of Canada's Accessibility Laws]
[http://www.ccdonline.ca/en/socialpolicy/fda Review of Accessibility Canada Act by Council of Canadians with Disabilities]
[https://www.include-me.ca/federal-accessibility-legislation-alliance/resource/accessible-canada-act-plain-language Accessible Canada Act in Plain Language]
[https://medium.com/@sheribyrnehaber/nothing-without-us-and-the-accessible-canada-act-e8d4fba60c9e Nothing Without Us and the Accessible Canada Act] by Sheri Byrne-Haber
[https://www.accessibilitv.com/accessibility-canada Behind the Scenes Development of the Accessible Canada Act] – AccessibiliTV
[https://www.lflegal.com/global-law-and-policy/#Canada-8211-National Lainey Feingold's Global Law and Policy: Canada]