The Accessible Canada Act Plain Language Summary - English

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What is this document about?

This document is a summary. It is written in plain language. It is about the Accessible Canada Act. The Act is a law in Canada. It was approved by the Parliament of Canada in 2019.

In this document, the Accessible Canada Act is called the Act. The Parliament of Canada is called Parliament.

 

What is the Act about?

The Act is a law of Parliament. It is a federal law about accessibility. Accessibility means many things. It means that everyone can get to and use information. It means everybody can get to and use spaces and places. This is very important for people with disabilities.

 

What is a disability?

A disability is a condition. A disability limits a person’s ability in some way. There are many different kinds of disability.

  • A disability can be physical. Or it can be mental. Or it can be intellectual.
  • A disability can affect the way a person thinks and understands. It can affect the way a person remembers and learns. It can affect the way a person communicates.
  • A disability can affect the way a person sees, hears or speaks.  
  • A disability can be permanent. Or it can change over time. 
  • A disability can be hidden or invisible to others.

People with disabilities face barriers in society. These barriers do not allow them to have their full and equal place in society.

 

What is a barrier?

A barrier is anything that does not allow people with disabilities to have their full and equal place in society.

Here are some examples of barriers.

  • The barrier might be physical.
  • The barrier might be in a structure.
  • The barrier might be in technology.
  • The barrier might be in attitudes.
  • The barrier might be in information and communications.
  • The barrier might be in a policy or practice.

 

Why was the Act made?

The Act was made for the following reasons.

  • The Act promotes the goals and values of two important laws. The first law is the Canadian Charter of Rights and Freedoms. The second law is the Canadian Human Rights Act. Both laws protect people when they are treated unfairly. They protect people from being treated unfairly because of their disability.
  • Barriers need to be found and removed. Barriers need to be stopped from happening. This has to happen as soon as possible.
  • Canada made an agreement with the United Nations. This agreement is about people with disabilities. It says that Canada has to respect the rights of people with disabilities.
  • Barriers do not allow people with disabilities to have their full and equal place in society. Barriers have an impact on all people in Canada. This includes people with disabilities and their families.
  • All people in Canada need to have their full and equal place in society. They need to be able to exercise their rights. They need to carry out their duties as citizens. This includes people with disabilities.

 

What is the purpose of the Act?

The Act is meant to help all people in Canada. This includes people with disabilities. The Act is meant to make the country free of barriers by 2040.

This will happen by finding and stopping barriers. This will be done in matters under the control of the federal government. It will be done in the following areas.

  • Employment
  • Buildings and public places and spaces
  • Information and communication technologies
  • Communication (This includes certain sign languages. This does not include broadcasting and telecommunications.)
  • Buying goods, services and facilities
  • Design and delivery of programs and services
  • Transportation

Other areas for standards may be added in the future.

 

How will Canada become free of barriers?

The Act will make Canada free of barriers in the following ways. 

  • The Act has accessibility rules. These rules are laws. Laws have to be obeyed.
  • The Act allows accessibility standards to be made. These standards can become regulations. Regulations are laws that are made under the Act. Regulations have to be obeyed.
  • The Act is managed and enforced. ‘Enforce’ means to make sure something is being obeyed.
  • The Act will be reviewed to make sure it is working properly.
  • The Act has a way to raise awareness about accessibility.

 

What are the guiding principles of the Act? 

The Act has seven guiding principles. They apply to all people. This includes people with disabilities. It does not matter what their disabilities are. The principles are as follows.

  • People need to be treated with dignity.
  • People need to have equal opportunity in their lives.
  • People need to have access to a full and equal place in society. Barriers need to be removed so people can have this access.
  • People need to have real options and freedom of choice.
  • People with disabilities need to be considered in many ways. They need to be included in laws and policies. They need to be included in programs and services. They need to be included in buildings, public places and spaces. These areas must also take into account the different intersecting ways that people are discriminated against. ‘Intersecting’ means that there are different ways that a person is being discriminated against. It means that discrimination against them is based on more than one thing about them.
  • People with disabilities have to be involved in planning in many ways. They need to be involved in plans for laws and policies. They need to be involved in plans for programs and services. They need to be involved in plans for buildings, public places and spaces.
  • Accessibility standards need to be at the highest level of accessibility. So do regulations. They need to provide the most accessibility possible for people with disabilities.

 

What is an accessibility standard?

A standard is a set of guidelines. These guidelines show the best way to do something. An accessibility standard is a set of guidelines about how to make things more accessible. These guidelines help to find and stop barriers in an area. The following areas could have accessibility standards. 

  • There could be standards around employment.
  • There could be standards for access to buildings, public places and spaces.
  • There could be standards for information and communication technologies.
  • There could be communication standards. (This includes certain sign languages. This does not include broadcasting and telecommunications.)
  • There could be standards for buying goods, services, and facilities.
  • There could be standards for providing programs and services.
  • There could be standards for using transportation services.

Other areas for standards may be added in the future.

 

How do accessibility standards become law?

An accessibility standard can become a law. It will follow the process below.

  • Accessibility Standards Canada makes a standard. The standard helps to find and stop barriers. People with disabilities will be part of making the standards.
  • The standard is given to the Minister.
  • The standard is made public. People can comment on it.
  • The federal government makes a regulation (or law). This law accepts all or some of the standard.  
  • This law has to be obeyed by some organizations. These are organizations that have to obey laws made by Parliament.  

 

Who has to obey the Act?

The Act has to be obeyed by most organizations that work in the federal public sector. These include the following organizations.

  • Federal government departments and agencies
  • Federal Crown corporations
  • Canadian Forces
  • Royal Canadian Mounted Police
  • Officials and organizations of Parliament
  • Constituency offices of federal Members of Parliament

The Act also has to be obeyed by many private organizations. These are organizations that have to obey laws made by Parliament. These include the following types of businesses.

  • Banking and finance
  • Transportation
  • Broadcasting and communications technology

Some organizations can be excused from the Act. They do not have to obey the Act or parts of it. This is due to special situations.

 

What do organizations have to do under the Act?

The Act has rules for organizations. The rules say that organizations have to make plans, address feedback and make progress reports.

The Minister can give organizations more time before they have to obey these rules. They can give up to three years to an organization. There are two government organizations that can also do these things. The first is the Canadian Radio-television and Telecommunications Commission. The second is the Canadian Transportation Agency

 

What are the rules on plans

The Act says that organizations have to make plans. The plans will be about how they will improve accessibility and how they will obey the Act. They have to involve people with disabilities when they create and update the plans. The plans have to be published. Most plans have to be updated every three years. The guiding principles of the Act have to be taken into account in all plans and updates.

 

What are the rules on the feedback process?

The Act says that organizations have to set up a way to get feedback. They have to have a way to respond to feedback. The feedback will be about acting on their accessibility plans. The feedback will also be about any barriers faced by people who deal with the organizations.

 

What are the rules on progress reports?

The Act says that organizations have to give progress reports. These reports are about their accessibility plans. They have to publish and share the reports. The reports have to answer the following questions.

  • How were accessibility plans put into action?
  • How were people with disabilities involved in making the report?
  • What were the main concerns in the feedback?
  • What was done about the concerns in the feedback?

 

Who administers the Act?

There are many important roles and duties in the Act. There are many people and organizations involved. These include the following.

  • Federal government
  • Minister
  • Chief Accessibility Officer
  • Accessibility Standards Canada
  • Accessibility Commissioner
  • Canadian Radio-television and Telecommunications Commission
  • Canadian Transportation Agency

 

What is the role of the federal government?

The federal government makes regulations (or laws) on how the Act has to be obeyed. It also makes laws out of accessibility standards. These standards are made by Accessibility Standards Canada.

There are several positions mentioned in the Act. The federal government selects people for these positions.

 

What is the role of the Minister?

A federal Minister is in charge of accessibility issues. The Minister has many duties. One duty is to make Canada free of barriers by 2040. Another Minister could be in charge of a certain area. Sometimes another government organization will be in charge of a certain area.

The Minister has the powers to carry out their duties.

The Minister has to try to work with other governments in Canada. They will work on accessibility issues together.

The Minister gets reports on accessibility. The Minister gives these reports to Parliament

 

What is the role of the Chief Accessibility Officer?

The Chief Accessibility Officer is selected by the federal government. They give information and advice on accessibility to the Minister. They inform the Minister about accessibility issues. They inform the Minister about developing issues. They give reports to the Minister.

 

What is the role of Accessibility Standards Canada?

The Act created the Canadian Accessibility Standards Development Organization. This is a government organization. It is now called ‘Accessibility Standards Canada’.

The role of this organization is to help make Canada free of barriers by 2040.

The organization does the following activities.

  • It makes and suggests accessibility standards. It also changes the standards.
  • It shares information on accessibility standards.
  • It supports research on barriers. It shares information about barriers.
  • It gives new accessibility standards to the Minister. It also shares them with the public.
  • It makes annual reports to the Minister.

The organization has people and groups who have many important roles and duties. They are as follows.

  • A board of directors sets the direction for the organization. The board supervises the activities and business of the organization. The board advises the Chief Executive Officer. The federal government has to take the following three things into account when selecting directors.
    • Most of the directors have to be people with disabilities.
    • The directors represent the diversity of Canadian society.
    • The directors have various disabilities faced by Canadians.
  • A Chief Executive Officer manages the organization.
  • Committees are created by the Chief Executive Officer. They are made up of experts and advisors. They help to make and change accessibility standards.

 

What is the role of the Accessibility Commissioner?

The Accessibility Commissioner is selected by the federal government. They are a member of the Canadian Human Rights Commission. They have the following duties.

  • They enforce most of the Act.
  • They deal with most accessibility complaints.
  • They make annual reports to the Minister.
  • They make and publish special reports.
  • They advise the Minister on managing the Act.

 

What is the role of the Canadian Radio-television and Telecommunications Commission?

The Commission is in charge of accessibility in many areas of broadcasting and telecommunications.

 

What is the role of the Canadian Transportation Agency?

The Agency is in charge of accessibility in many areas of transportation

 

Do the key players in the Act work with each other?

The Act requires the following groups to work together.

  • Accessibility Commissioner
  • Canadian Transportation Agency
  • Canadian Radio-television and Telecommunications Commission
  • Canadian Human Rights Commission
  • Federal Public Sector Labour Relations and Employment Board

These groups have to make sure that complaints about accessibility get to the right organization.

The groups have to work together to make sure that their policies and practices have the same goals.

The key players in the Act have to help the Chief Accessibility Officer to carry out their duties.

 

Who enforces the Act?

The Accessibility Commissioner enforces the Act. The Commissioner makes sure that the Act is being obeyed. There are two organizations that also enforce the Act in certain areas. They are as follows.

  • Canadian Radio-television and Telecommunications Commission
  • Canadian Transportation Agency

 

How is the Act enforced?

The Accessibility Commissioner enforces parts of the Act. These parts are about regulations, plans, feedback and progress reports. The Act might be enforced in the following ways.

  • An organization might be inspected.
  • An organization might be ordered to give certain information.
  • An organization might be ordered to obey the Act.  
  • An organization might get a warning or fine.
  • An organization that is not obeying the Act might agree to accept changes made by the Commissioner.
  • The name of an organization that does not obey the Act might be made public.   

It is against the law to stand in the way of the work of the Commissioner. It is also against the law to mislead the Commissioner. 

 

Can people complain that the Act is not being obeyed?

People can complain to the Accessibility Commissioner. A complaint can be made if the following two things happen.

  • A regulation under the Act is not obeyed.
  • A person suffers harm, damage or loss.

The Commissioner looks into the complaint. The Commissioner decides if the complaint is valid. The Commissioner makes a ruling. The Commissioner can make an order against an organization. There are different things that the Accessibility Commissioner can order.

For example, the Commissioner can order an organization to pay money. The money goes to the person who made the complaint.

Some decisions of the Commissioner can be reviewed or appealed.

The Commissioner does not deal with all accessibility complaints. In some cases, complaints are dealt with by these organizations. 

  • Federal Public Sector Labour Relations and Employment Board
  • Canadian Radio-television and Telecommunications Commission
  • Canadian Transportation Agency

 

Is the Act ever going to be reviewed?

The Act will be reviewed on a regular basis. This will help to make sure it is working. 

There will be a review of the Act by a committee of Parliament. A first report will be written based on this review. This will happen five years after the first regulation under the Act is made.

Five years after the first report, there will be an independent review of the Act. A report of the review will be written. This review requires input from the following groups. 

  • The general public
  • People with disabilities
  • Organizations representing people with disabilities
  • Organizations that have to obey the Act and organizations that represent them

 After that, independent reviews of the Act will happen every ten years.

The reports of these reviews will be given to Parliament.

 

Does the Act raise awareness about accessibility?

The Act creates a ‘National AccessAbility Week’. It happens every year starting on the last Sunday in May.

 

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This document has been created in partnership with Spinal Cord Injury Canada and People First of Canada.

Resource link: 
https://laws-lois.justice.gc.ca/eng/acts/A-0.6/
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