[36] Bill 83 Original (PDF)
B083_E
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Bill 83 1998
An Act to improve the identification, removal and prevention of barriers faced by persons with disabilities
Preamble
The people of Ontario have recognized the right of persons with disabilities to equal treatment without discrimination in accordance with the Human Rights Code. The Government of Ontario recognizes that this right includes the right to equal treatment with respect to services, goods and facilities without discrimination in accordance with section 1 of the Human Rights Code, and the right to equal treatment with respect to employment without discrimination in accordance with section 5 of the Human Rights Code.
The right of persons with disabilities to equal treatment without discrimination in accordance with the Human Rights Code is addressed in a number of Ontario statutes.
The Canadian Charter of Rights and Freedoms also provides that persons with disabilities are equal before and under the law and have the right to equal protection and equal benefit of the law.
It is the shared responsibility of everyone in Ontario to identify, remove and prevent barriers to the participation of persons with disabilities.
Identifying, preventing and removing barriers will increase the contribution of persons with disabilities to the economic and social life of the province.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Purpose
1. The purpose of this Act is to improve access for persons with disabilities through the identification, removal and prevention of barriers to their participation in the economic and social life of the province.
Definition
2. In this Act,
"
disability" has the same meaning as "handicap", as set out in the definition of "because of handicap" in subsection 10 (1) of the Human Rights Code.
Ministry plans re barriers
3. (1) As part of each ministry's annual planning process, every minister shall prepare a plan for the identification, removal and prevention of barriers to persons with disabilities in his or her ministry's legislation, policies, programs, practices and services.
Contents
(2) The plan shall include,
(a) a report on the measures the ministry has taken to identify, remove and prevent barriers to persons with disabilities;
(b) a list of the ministry's legislation, policies, programs, practices and services that will be reviewed in the coming year in order to identify barriers to persons with disabilities;
(c) the measures in place to ensure that any proposals by the ministry for legislation, policies, programs, practices and services are assessed for their effect on access for persons with disabilities;
(d) the measures to be taken in the coming year to remove and prevent barriers to persons with disabilities.
Guidelines
(3) The plan shall be prepared and submitted in accordance with any guidelines issued by the Management Board of Cabinet.
Review of Act
4. The Executive Council shall cause a review of this Act to be undertaken within five years of its coming into force, and the review may include recommendations to improve the effectiveness of this Act.
Recognition of existing legal obligations
5. (1) The existing legal obligations of the Ontario government with respect to the provision of access for persons with disabilities are hereby recognized and affirmed.
Human Rights Code not affected
(2) Nothing in this Act affects the operation of the Human Rights Code.
No new cause of action created
(3) No new cause of action, right of appeal, claim or other remedy exists in law because of this Act or because of anything done or omitted to be done under this Act.
Commencement
6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
7. The short title of this Act is the Ontarians with Disabilities Act, 1998.
EXPLANATORY NOTE
The Bill requires every minister to prepare an annual plan, as part of the ministry's annual planning process, setting out his or her ministry's measures for improving accessibility for persons with disabilities and for identifying, removing and preventing barriers to persons with disabilities.
The Bill sets out the contents of ministry plans and requires that they be prepared and submitted in accordance with any guidelines issued by the Management Board of Cabinet.
A review of the effectiveness of this Act is to be undertaken within five years of its coming into force.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.