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ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE
TORONTO STAR PUBLISHES ODA COMMITTEE COLUMN ON FIRST ANNIVERSARY
OF THE GOVERNMENT PASSING THE ONTARIANS WITH DISABILITIES ACT
2001
December 13, 2002
SUMMARY
To mark the first anniversary of the passage of the Ontarians
with Disabilities Act 2001, a column by ODA Committee chair David
Lepofsky was published in today's Toronto Star. It is set out
below. It can serve as our year-end report.
Newspaper editorial staff sometimes do make modifications at the
last minute to the text we submit, over which we have no control.
Some occurred here and result in some regrettable inaccuracies.
For example, the published version of the article incorrectly
says that the ODA spells out accessibility requirements for
government offices and other public sector organizations.
Actually, the ODA 2001 empowers the Government to set those
standards, but the Government has not done so yet.
The published version of the column also incorrectly says that
the Government proclaimed all the ODA provisions in force by last
October. In fact, two provisions remain unproclaimed. The
provision requiring Ontario Government web sites to be accessible
will be proclaimed at the end of this month. More troubling, the
provision providing for any enforcement, Section 21, has not been
scheduled for proclamation. The government has not said when or
if it will proclaim Section 21 in force. It has not answered our
letters asking about this, over the past several months.
Let us know your thoughts about this article. Contact us at:
oda@odacommittee.net
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Toronto Star
Page A41
Friday, December 13, 2002
Unlocking doors for the disabled
A year after Tories passed disability law, progress has been
spotty at best, by David Lepofsky
A year ago today, the provincial Tories passed their long-overdue
Ontarians with Disabilities Act (ODA). Those with physical,
mental and sensory disabilities had fought for years for a
strong, effective law to achieve a barrier-free province in which
we can participate fully.
In 1995, then-premier Mike Harris promised to pass it in his
first term. Seven years later, legislators passed the Ontarians
with Disabilities Act. But it was a big disappointment; the
Conservatives rejected most of the disability community's
recommendations.
This issue touches everyone. There are 1.9 million people with
disabilities. Either you have a disability, or you will in
future. We want you to be able to ride public transit, shop in
stores, get an education, use our health-care system and pursue
competitive employment based on your abilities, without facing
barriers.
The Ontarians with Disabilities Act, the final sections of which
were proclaimed into law in October, spells out accessibility
requirements for government offices and other public sector
organizations such as public transit, school boards, hospitals,
colleges and universities. The law also requires municipalities
with 10,000 or more people to establish municipal accessibility
advisory committees that will develop annual accessibility plans.
Last year the Tories made sweeping promises on what their ODA
would achieve. They promised:
The province would become barrier-free for persons with
disabilities as soon as reasonably possible - far ahead of the
United States, at a pace designated by the disability community,
making Ontario Canada's most inclusive region. Yet Americans are
12 years ahead of Ontarians thanks to their legislation passed
way back in 1990.
No new barriers would be created against persons with
disabilities. The government would bring in regulations imposing
mandatory access requirements, covering all sectors, including
the private sector.
Ontario's disability community would promote reforms and play a
pivotal role in setting accessibility standards.
Government would enforce compliance with the ODA, take a
leadership role and set high standards.
Specific accessibility results would be achieved in government,
the broader public sector, municipalities and the private sector,
e.g. more accessible services and opportunities, significant
improvement in community accessibility, enhanced access to
schools, hospitals and universities, greater ease in moving
around communities safely, a significantly enhanced ability to
participate in community life, greater accessibility in the
private sector, and increased retail job opportunities.
What progress has been made so far?
The Tories established a new office, the Accessibility
Directorate. It is developing tools and advice for those wanting
to act.
The province is still consulting on accessibility guidelines for
government buildings. After 11 months, the government named
appointees to the Accessibility Advisory Council. It abolished a
similar body in 1995, weeks after the Tories took office.
Our coalition, leading the fight for the ODA, is still awaiting
an answer to our three letters to that council sent over the past
six months. In it we offered our help and asked when it would
consult the disability community.
A year later, there are no regulations under the ODA setting
accessibility standards. There are no accessibility plans from
the public sector bodies, which by law still have nine months to
tell us what they will do, and no government commitment on when,
or if, it will enforce provisions of the ODA.
The ODA requires many municipalities to establish accessibility
advisory committees. But it's unclear how much clout the
committees will have.
This year, new barriers were erected against persons with
disabilities.
For example, the government took over Ottawa's school board and
eliminated over 40 special education staff, creating a barrier to
education for kids with disabilities. Hopefully, this week's new
special education funding will remove this new barrier. Our
disability education crisis is so great that Ontario's Human
Rights Commission last summer launched province-wide hearings on
the issue.
Many barriers remain that could easily have been removed this
year at little or no cost.
This year the government undertook the biggest reform to
Ontario's Building Code in decades, after consulting the
disability community. But it failed to fulfil a 1998 commitment
on improving Building Code disability accessibility standards.
Despite enormous frustrations, Ontarians with disabilities and
community organizations remain eager to offer government, the
public and private sectors their help in achieving our goal of a
barrier-free Ontario.
Our coalition continues to offer expertise. We proposed a work
plan to the Ontario government, developed action kits to get
everyone involved, and urged Ontarians with disabilities to keep
advocating.
We have a long way to go. Voters with disabilities will be
watching for real improvements in their lives, and will decide if
we are making enough progress.
David Lepofsky is chair of the Ontarians with Disabilities Act
Committee, a coalition advocating for the ODA.
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