Canadian HR Reporter Weekly

June 27, 2018 Published weekly by Thomson Reuters Canada Ltd. CUSTOMER SERVICE Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5106 customersupport.legaltaxcanada@tr.com www.thomsonreuters.ca One Corporate Plaza 2075 Kennedy Road, Toronto, Ontario, Canada M1T 3V4 Director, Media Solutions, Canada: Karen Lorimer Publisher/Editor-in-Chief: Todd Humber todd.humber@thomsonreuters.com (416) 298-5196 Editor/Supervisor: Sarah Dobson sarah.dobson@thomsonreuters.com (416) 649-7896 News Editor: Marcel Vander Wier marcel.vanderwier@thomsonreuters.com (416) 649-7837 Sales Manager: Paul Burton paul.burton@thomsonreuters.com (416) 649-9928 Circulation Co-ordinator: Keith Fulford keith.fulford@thomsonreuters.com (416) 649-9585 Art Director: Dave Escuadro david.escuadro@thomsonreuters.com (416) 649-9358 ©2018 Thomson Reuters Canada Ltd All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Feds propose 'historic' legislation to eradicate disability-related barriers BY MARCEL VANDER WIER e federal government unveiled new legislation on June 20 meant to improve accessibility mea- sures for Canadians with disabilities. Hailed as "historic" by Minister of Sport and Per- sons with Disabilities Kirsty Duncan, the Accessible Canada Act marks the government's first foray into disability-related law. e act's purpose is to eradicate accessibility bar- riers that fall under federal jurisdiction, including anything "architectural, physical, technological or attitudinal" that hinders a person with disabilities' full participation in society. Via the act, three new bodies will be created: a chief accessibility officer to oversee implementa- tion of the legislation; an accessibility commissioner responsible for enforcement and compliance; and a Canadian Accessibility Standards Development Organization to develop and revise standards. If the act is enacted, the government has earmarked $290 million over six years for its implementation. "Bill C-81 aims to benefit all Canadians — es- pecially Canadians with disabilities — through the progressive realization of a barrier-free Canada," said Annabelle Archambault, press secretary for the Minister of Sport and Persons with Disabilities. "If passed by Parliament, the legislation will give the government of Canada the authority to work with partners and Canadians with disabilities to create model accessibility standards that could be adopted by jurisdictions across Canada." Consulting Canadians In 2015, the federal government began an engage- ment process with stakeholders across the country to table a Canadians with Disabilities Act. However, recognizing that the act would also benefit those who do not self-identify as persons with disabilities, the legislation is now referred to as the Accessible Canada Act, said Archambault. "During consultations, it was clear that Cana- dians with disabilities continue to face barriers throughout the employment process, and gener- ally have low levels of employment." e federal government is also committing to hire 5,000 persons with disabilities by building on efforts already in place, developing new recruit- ment strategies and building skills, she said. People with disabilities face employment-im- pacting barriers everywhere from public transit to education, said David Lepofsky, a lawyer and dis- ability advocate at the Accessibility for Ontarians with Disabilities Act (AODA) Alliance in Toronto. "All of this affects employment," he said. "People with disabilities face outrageously high unemploy- ment rates… and, so far, the solutions governments have come up with have been really inadequate." 'Culture shift' e act represents a "culture shift" in how peo- ple should think about accessibility, according to Archambault. "e implementation of the legislation would serve as a catalyst to improve accessibility nation- ally — to create sustained change in how organi- zations and Canadians think about disability and accessibility in their workplaces and communities," she said. "We hope to lead by example, and that the federal government will serve as a model for other jurisdic- tions to increase the participation of workers with disabilities throughout the country." Currently limited to federally regulated organi- zations, the ultimate reach of the legislation is im- portant, said Lepofsky. "We'd like to see it go further because we want accessibility strings attached to any federal money that's provided," he said. "Public money should nev- er be used to create or perpetuate barriers." "If the federal government gives money to a uni- versity to build a new building, that building should meet federal accessibility requirements, because provincial accessibility requirements so far are grossly inadequate. And that, in turn, affects em- ployment, because if you make sure that that new university building is accessible, that makes it easier for people with disabilities to work there, as well as students with disabilities to study there." At present, Manitoba, Nova Scotia and Ontario have provincial disability legislation in place. "By becoming fully accessible, you can access a broader pool of prospective employees," said Lep- ofsky. "All of this fits together." Next steps e new act will require debate and additional readings in the House of Commons before becom- ing law, but the government's intentions are clear, said Lepofsky. "Groundbreaking legislation is coming," he said. "Now, do they have the kind of detail and time- lines… that we wanted in the legislation? Not yet, but we'll be pushing for that." In the meantime, HR practitioners in the public and private sectors should begin evaluating their organizations for inclusive employment practices, rather than simply accommodation, said Lepofsky. "e employer of the future needs to design and operate the workplace on the understanding that people with disabilities are going to be there. e workplace five years from now is not going to look very much like the workplace of today," he said. "Frankly, any smart businesses and employers should be doing it anyway."

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