The Ontarians with Disabilities Act

By Isabel Bassett

As early as its election campaign three years ago, Ontario’s Progressive Conservative government pledged to bring into law an Ontarians with Disabilities Act (ODA). This year, the Government of Ontario released a discussion paper entitled "Preventing and Removing Barriers for Ontarians with Disabilities," paving the way to an Ontarians with Disabilities Act.

We recently posed questions to Hon. Isabel Bassett who, as Minister of Citizenship, Culture and Recreation, is spearheading this initiative.

Q: Minister, it is encouraging to note your commitment to an ODA and your acknowledgement that people continue to face obstacles to participation in Ontario society. The disability community has for many years called for an Ontarians with Disabilities Act, and Premier Harris committed back in 1995 to enact one. It is now the summer of 1998. That is a long time. There are criticisms out there, no doubt you have heard them. Why the delay?

A: This government has moved faster than any previous government on making practical improvements for people with disabilities. We’ve listened and we have acted accordingly. The proof is to be found in the important steps to improve access already in progress. Real and practical improvements to the lives of Ontarians are happening. For example, the barrier-free design elements of the Building Code amendments were useful improvements. The Ontario Disability Support Plan was designed specifically to provide greater independence for persons with disabilities. The new Minister of Long-Term Care recently announced an increased direct-funding program to give people options in their support and attendant care services. Now we are moving on an ODA; that is more than any previous government and I am proud of that fact.

Q: A consultation in the summer months? Minister, people are vacationing and organizations are not meeting. The deadline of September 4 for formal input may present problems. Do you agree that this may not be the way to get optimum input from the community -- and, if not, do you envision any other possible mechanisms to achieve such input?

A: As you would agree, it was important to get moving. Our action plan comprises two full months of consultations and written submissions. Summer consultations give us the opportunity to focus, to listen and examine the input, and to have the time to prepare solid, practical measures to prevent and remove barriers. The discussion paper is an excellent document, very comprehensive. It has been made available everywhere and asks some pretty straightforward questions about priorities. I was very pleased with the input I have received so far, and I know my Parliamentary Assistant has been very impressed with what he is hearing out on the road.

Q: While I appreciate that the consultation process is underway as we speak, are there any tenets of an act which you personally feel will be enshrined just because they hold principles which you and/or the disability community hold near and dear? Would you identify these -- and would you share just how you see these being supported within the act?

A: Ontario is a leader in human rights, and we all want an act that gives practical and real expression to that fact. Ontarians with disabilities, communities, business, labour, service providers and government must work together to develop creative approaches that will allow people with disabilities to better contribute their potential to the social and economic life of their province. That is my basic hope for and tenet of an ODA.

Q: The Ontario Human Rights Code prohibits discrimination on the basis of disability in areas such as services and employment. Will an ODA similarly prohibit discrimination in such strong terms?

A: Listen, the Code is the pre-eminent law in this province. Discrimination is against the law, full-stop.

Q: Why does the discussion paper call only for voluntary removal of barriers to employment, and refer to "incentives" rather than "requirements"? The Americans with Disabilities Act, for example, mandates removal of barriers to employment.

A: The voluntary approach is based on cooperation and partnership -- we know these are keys to success. It makes good business sense for employers to recognize the benefits of providing equal opportunity for their businesses and their employees. We are determined and committed to focus on assisting employers to acquire and use the tools to identify, prevent and remove barriers. To this end, the Budget announcement, back in May, about the new tax incentive to support the efforts of businesses to accommodate persons with disabilities in the workplace is great news.

Q: Can you outline for ABILITIES readers the time frame towards completion of the consultation process -- that is, once you have received the input you’ve requested, how long will it be before there is an actual Ontarians with Disabilities Act?

A: I want everybody’s comments, well, "yesterday" but at the same time, we have set aside enough time to hear from everybody who wishes to provide a submission on the discussion paper questions. To your second question, let’s put it this way -- this is a priority for me and for this government.