The lack of accessibility in Ontario for people with disabilities is a “crisis,” says a new independent review of the province’s accessibility law.
Ontario became the first province to have provincial accessibility legislation when it passed the Accessibility for Ontarians with Disabilities Act, or AODA, in 2005. The law’s goal is to make Ontario buildings, services and jobs accessible to the nearly 20 per cent of Ontarians who have disabilities by January 1, 2025.
That won’t happen, the report says.
“It is a near certainty that the goal of an accessible Ontario by 2025 will pass,” wrote Rich Donovan, who was appointed by the provincial government to review the legislation. These reviews are required by law and are meant to examine the effectiveness of legislation.
Donovan’s critique continued.
“At present the AODA can only be described as a failure,” he wrote. This means 2.9 million Ontarians over the age of 15 who have disabilities struggle to access education, get a job and participate in the economy, the report says.
The government held the report for months, then posted it on its website last week — without any announcement. The report is dated June 5.
Canadian Affairs emailed the office of Minister Raymond Cho, the minister of seniors and accessibility, and asked why the report’s publication was delayed. The minister’s office did not respond before deadline.
However, in an earlier statement to CBC Toronto, the ministry said the report’s release was delayed because it “required careful time and consideration.”
412,000 organizations; 25 staff
The report advocates that the Ontario government not be responsible for ensuring private businesses meet accessibility requirements.
The report “strongly recommends” that the federal government take on this responsibility. The Ontario government would be “accountable for ensuring the services, buildings and careers of the broader public sector in Ontario are accessible to all Ontarians,” the report says.
The provincial government does not have the resources to monitor accessibility for all Ontario businesses, the report says. There are 412,000 private organizations in the province, and only 25 staff to make sure they comply with accessibility laws, the report says.
The report recommends that the Canada Revenue Agency instead be responsible for auditing private businesses for accessibility.
The AODA Alliance, a grassroots organization that monitors accessibility in Ontario, “strongly opposes” this recommendation, the organization said in a statement.
This change would require an “extremely unlikely” constitutional amendment, the AODA Alliance said, adding it is doubtful the federal government would agree to the change.
Canadian Affairs reached out to the office of Kamal Khera, federal minister for diversity, inclusion and persons with disabilities for comment on the recommendation. Her office was unable to comment because the report is still being reviewed, Laurent de Casanove, press secretary for the minister, said in a statement.
The federal government passed the Accessible Canada Act in 2019. Its goal is to make Canada accessible in key areas by 2040. It applies to the federal government and federally regulated industries.
‘Crisis recommendations’
The report does not abandon the goal of accessibility for Ontario. It recommends that government buildings be accessible by 2030. Having them be accessible by 2025 is “unrealistic,” the report says. But meeting a 2030 deadline is “plausible with material investment.”
The report also includes 30 recommendations aimed at improving accessibility. Some, called “crisis recommendations,” are to be implemented quickly, many in less than a year. The rest of the recommendations are to be implemented within three years, the report says.
The report calls on the government to create a crisis committee, chaired by Premier Doug Ford and co-chaired by the secretary of the cabinet, that must complete the crisis recommendations within 180 days of being formed. The crisis recommendations include establishing emergency response plans that take into account the safety needs of people with disabilities. There must be a plan for all provincial government buildings.
Often, people with disabilities, particularly those with visual or mobility impairments, are told to “shelter in place” during an emergency, such as a fire, the report says. If buildings are inaccessible or if elevators are shut down during an emergency, the people may be unable to leave.
“This represents an immediate and acute risk to a significant number of Ontarians that has remained unaddressed,” the report says.
Other crisis recommendations include creating a new accessibility agency to respond to accessibility needs and to make sure the report’s recommendations are implemented.
“Unless government can lead on this file, it is unreasonable to expect others to do so,” the report says.
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