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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 123
Wednesday, November 7, 2018, 7:52 p.m. to 11:13 p.m.
Televised
Presiding
John Barlow, Vice-Chair (Conservative)

Liberal

House of Commons
• Olivier Champagne, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Elizabeth Cahill, Analyst
• Mayra Perez-Leclerc, Analyst
Department of Employment and Social Development
• James Van Raalte, Director General, Accessibility Secretariat
• Benoît Gendron, Director, Accessibility Secretariat
• Erik Lapalme, Senior Policy Analyst, Accessibility Secretariat
Pursuant to the Order of Reference of Wednesday, September 26, 2018, the Committee resumed consideration of Bill C-81, An Act to ensure a barrier-free Canada.

The Committee commenced its clause-by-clause study of the Bill.

The witnesses answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 (Short Title), and of the Preamble was postponed.

The Chair called Clause 2.

On Clause 2,

Kerry Diotte moved, — That Bill C-81, in Clause 2, be amended by replacing line 11 on page 2 with the following:

“that is the result of a law, a policy or a practice — that hinders”

After debate, the question was put on the amendment of Kerry Diotte and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Robert J. Morrissey moved, — That Bill C-81, in Clause 2, be amended by replacing line 13 on page 2 with the following:

“an impairment, including a physical, mental, intellectual, cognitive, learning, communication”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Robert J. Morrissey moved, — That Bill C-81, in Clause 2, be amended by replacing lines 22 to 25 on page 2 with the following:

disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hin-”

Debate arose thereon.

Rosemarie Falk moved, — That the amendment be amended by replacing the word “means” with the word “includes”.

After debate, the question was put on the subamendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

The question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 6; NAYS: 1.

Robert J. Morrissey moved, — That Bill C-81, in Clause 2, be amended by adding after line 27 on page 2 the following:

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)”

After debate, by unanimous consent, the amendment was withdrawn.

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-81, in Clause 2, be amended by replacing line 29 on page 2 with the following:

“cil for Canada designated under section 4 or, if none is designated, the Minister of Justice. (ministre)”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 2, as amended, carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Robert J. Morrissey moved, — That Bill C-81, in Clause 5, be amended by replacing line 10 on page 3 with the following:

“cially persons with disabilities, through the”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Rosemarie Falk moved, — That Bill C-81, in Clause 5, be amended by replacing line 11 on page 3 with the following:

“realization over a ten-year period, within the purview of matters coming within”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha, Gagan Sikand — 5.

Rosemarie Falk moved, — That Bill C-81, in Clause 5, be amended by adding after line 18 on page 3 the following:

“(c.1) communication;”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Robert J. Morrissey moved, — That Bill C-81, in Clause 5, be amended by replacing lines 19 and 20 on page 3 with the following:

“(c.1) communication, other than information and communication technologies;

(d) the procurement of goods, services and facilities;

(e) the design and delivery of programs and services;”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 5, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

On new Clause 5.1,

Robert J. Morrissey moved, — That Bill C-81 be amended by adding after line 23 on page 3 the following:

“5.1 The area of communication referred to in paragraph 5(c.1) does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act.”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

On Clause 6,

Wayne Long moved, — That Bill C-81, in Clause 6, be amended by

(a) replacing line 4 on page 4 with the following:

“of their disabilities;”

(b) replacing line 7 on page 4 with the following:

“wish to have regardless of their disabilities”

(c) replacing line 12 on page 4 with the following:

“disabilities;”

(d) replacing line 15 on page 4 with the following:

“desire, regardless of their disabilities;”

(e) replacing line 17 on page 4 with the following:

“must take into account the disabilities of”

After debate, the question was put on the amendment of Wayne Long and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Wayne Long moved, — That Bill C-81, in Clause 6, be amended by replacing lines 15 to 20 on page 4 with the following:

“must be involved in their development or design; and

(f) the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities.”

Debate arose thereon.

At 8:31 p.m., the sitting was suspended.

At 8:36 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Wayne Long, — That Bill C-81, in Clause 6, be amended by replacing lines 15 to 20 on page 4 with the following:

“must be involved in their development or design; and

(f) the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities.”

The question was put on the amendment of Wayne Long and it was agreed to, by a show of hands: YEAS: 6; NAYS: 1.

Rosemarie Falk moved, — That Bill C-81, in Clause 6, be amended by adding after line 20 on page 4 the following:

“(2) For greater certainty, in the event of any inconsistency between the provisions of this Act and the provisions of the Canadian Human Rights Act, the provisions of that Act prevail to the extent of the inconsistency.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 6, as amended, carried by a show of hands: YEAS: 5; NAYS: 2.

By unanimous consent, Clauses 7 to 10 inclusive carried severally by a show of hands: YEAS: 5; NAYS: 0.

On Clause 11,

Robert J. Morrissey moved, — That Bill C-81, in Clause 11, be amended by replacing line 1 on page 6 with the following:

“11 (1) The Minister’s mandate is the realiza-”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Rosemarie Falk moved, — That Bill C-81, in Clause 11, be amended by replacing line 2 on page 6 with the following:

“tion of a Canada without barriers over a ten-year period.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha, Gagan Sikand — 5.

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-81, in Clause 11, be amended by adding after line 9 on page 6 the following:

“(3) The Minister must prepare a plan that sets out the objectives to be met for the realization, within 10 years after the day on which this section comes into force, of a Canada without barriers.

(4) The plan must be prepared within one year after the day on which this section comes into force and must provide for the time by which each objective must be met.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha, Gagan Sikand — 5.

Clause 11, as amended, carried by a show of hands: YEAS: 5; NAYS: 2.

On Clause 12,

Cheryl Hardcastle moved, — That Bill C-81, in Clause 12, be amended by replacing lines 12 to 14 on page 6 with the following:

“which Parliament has jurisdiction.”

After debate, the question was put on the amendment of Cheryl Hardcastle and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 12 carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 13,

Rosemarie Falk moved, — That Bill C-81, in Clause 13, be amended by adding after line 17 on page 6 the following:

“(2) Priority should be given to ensuring that any information, product or service that he or she provides is without barriers and that any document he or she creates is in an accessible format and in plain language.

(3) The Minister must not refuse any document that is in an accessible format or in plain language.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Clause 13 carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 14 carried by a show of hands: YEAS: 6; NAYS: 0.

At 9:11 p.m., the sitting was suspended.

At 9:25 p.m., the sitting resumed

On Clause 15,

Kerry Diotte moved, — That Bill C-81, in Clause 15, be amended by replacing line 21 on page 6 with the following:

“15 Subject to the Statistics Act, the Minister must collect,”

After debate, the question was put on the amendment of Kerry Diotte and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha, Gagan Sikand — 5.

Kerry Diotte moved, — That Bill C-81, in Clause 15, be amended by adding after line 23 on page 6 the following:

“(2) The Minister must elaborate a plan establishing the objectives to be reached in order to progressively realize a Canada without barriers over a ten-year period.

(3) The Minister must cause the plan to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

(4) The Minister must, on a continuing basis, collect, analyse, interpret, publish and distribute information in relation to progress made in achieving a Canada without barriers.”

After debate, the question was put on the amendment of Kerry Diotte and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Cheryl Hardcastle moved, — That Bill C-81, in Clause 15, be amended by adding after line 23 on page 6 the following:

“(2) The Minister must elaborate a plan outlining the objectives to be reached in order to progressively realize a Canada without barriers over a ten-year period.

(3) The Minister must, on a continuing basis, collect, analyse, interpret, publish and distribute information in relation to progress made in achieving a Canada without barriers.”

After debate, the question was put on the amendment of Cheryl Hardcastle and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Clause 15 carried by a show of hands: YEAS: 5; NAYS: 2.

On Clause 16,

Dan Ruimy moved, — That Bill C-81, in Clause 16, be amended by replacing line 24 on page 6 with the following:

“16 The Minister must make every reasonable effort to collaborate with provincial or territorial”

After debate, the question was put on the amendment of Dan Ruimy and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 16, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 17,

Rosemarie Falk moved, — That Bill C-81, in Clause 17, be amended by deleting lines 4 and 5 on page 7.

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Rosemarie Falk moved, — That Bill C-81, in Clause 17, be amended by adding after line 8 on page 7 the following:

“(4) The head office must be without barriers.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Clause 17 carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 18,

Robert J. Morrissey moved, — That Bill C-81, in Clause 18, be amended by replacing line 10 on page 7 with the following:

“tribute to the realization of a Canada without”

Debate arose thereon.

Rosemarie Falk moved, — That the amendment be amended by adding after the word “Canada” the following:

“within 10 years after the day on which this section comes into force”

After debate, the question was put on the subamendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

The question was put on the amendment of Robert J. Morrissey and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Wayne Long moved, — That Bill C-81, in Clause 18, be amended by replacing, in the English version, line 11 on page 7 with the following:

“barriers through, among other things,”

After debate, the question was put on the amendment of Wayne Long and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Rosemarie Falk moved, — That Bill C-81, in Clause 18, be amended

(a) by replacing line 12 on page 7 with the following:

“(a) the development and revision of all accessibility stan-”

(b) by adding after line 25 on page 7 the following:

“(2) When developing accessibility standards in the areas of information and communication technologies or transportation, the Standards Organization must consult the Canadian Radio-television and Telecommunications Commission or the Canadian Transportation Agency, as the case may be.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Rosemarie Falk moved, — That Bill C-81, in Clause 18, be amended by adding after line 25 on page 7 the following:

“(2) The Standards Organization must, within six months after the day on which this Act comes into force, develop and implement an education and information program for the dissemination of information to the public under paragraph (1)(e).”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-81, in Clause 18, be amended by adding after line 25 on page 7 the following:

“(2) In carrying out its mandate under paragraph (1)(a), the Standards Organization must review an accessibility standard within five years after the day on which it is implemented or on any earlier day that the Minister may specify.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Rosemarie Falk moved, — That Bill C-81, in Clause 18, be amended by adding after line 25 on page 7 the following:

“(2) The Standards Organization must develop accessibility standards for every area referred to in paragraphs 5(a) to (g) no later than five years after the day on which this subsection comes into force.

(3) The Standards Organization must develop an action plan ranking in priority every area for which accessibility standards are required and provide the action plan to the Minister.

(4) The Standards Organization must update the action plan annually and provide the updated version to the Minister.

(5) The Standards Organization must review each accessibility standard every five years from the date on which it was established.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Rosemarie Falk moved, — That Bill C-81, in Clause 18, be amended by adding after line 25 on page 7 the following:

“(2) In carrying out its mandate, the Standards Organization must exercise leadership at the national level by ensuring that any information, product or service it provides is without barriers and that any document it creates is in an accessible format and in plain language.

(3) The Standards Organization must not refuse any document that is in an accessible format or in plain language.”

After debate, the question was put on the amendment of Rosemarie Falk and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Cheryl Hardcastle moved, — That Bill C-81, in Clause 18, be amended by adding after line 25 on page 7 the following:

“(2) The Standards Organization must develop accessibility standards for every area referred to in paragraphs 5(a) to (g) no later than five years after the day on which this subsection comes into force.

(3) The Standards Organization must review each accessibility standard every five years from the date on which it was established.”

After debate, the question was put on the amendment of Cheryl Hardcastle and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Clause 18, as amended, carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 19,

Kerry Diotte moved, — That Bill C-81, in Clause 19, be amended by deleting lines 15 to 17 on page 8.

After debate, the question was put on the amendment of Kerry Diotte and it was negatived on the following recorded division:

YEAS: Kerry Diotte, Rosemarie Falk, Cheryl Hardcastle — 3;

NAYS: Gordie Hogg, Wayne Long, Robert J. Morrissey, Dan Ruimy, Ramesh Sangha — 5.

Clause 19 carried by a show of hands: YEAS: 5; NAYS: 3.

Clause 20 carried by a show of hands: YEAS: 5; NAYS: 1.

At 11:13 p.m., the Committee adjourned to the call of the Chair.



Stephanie Feldman
Clerk of the Committee