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HUMA Committee Report

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In accordance with its Order of Reference of Wednesday, September 26, 2018, your Committee has considered Bill C-81, An Act to ensure a barrier-free Canada, and agreed on Thursday, November 8, 2018, to report it with the following amendments:

Preamble

That Bill C-81, in the preamble, be amended

(a) by replacing lines 22 and 23 on page 1 with the following:

“Whereas barriers to accessibility can impact all persons in Canada, in particular those with disabilities and their”

(b) by replacing line 29 on page 1 with the following:

“of all persons in Canada, regardless of their dis-”

Clause 2

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”

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-”

Clause 5

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”

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;”

New Clause 5.1

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.”

Clause 6

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”

That Bill C-81, in Clause 6, be amended by replacing line 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.”

Clause 11

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-”

Clause 16

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”

Clause 18

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”

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,”

Clause 23

That Bill C-81, in Clause 23, be amended by adding after line 20 on page 9 the following:

“(c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.”

Clause 42

That Bill C-81, in Clause 42, be amended by replacing line 20 on page 15 with the following:

“ferred to in paragraphs 5(c), (d) and (e), the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e) and, if it is not sub-”

That Bill C-81, in Clause 42, be amended by adding after line 3 on page 17 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 45

That Bill C-81, in Clause 45, be amended by replacing, in the English version, lines 19 and 20 on page 18 with the following:

“tion 42(1), a day in respect of a regulated entity;”

That Bill C-81, in Clause 45, be amended by adding after line 23 on page 18 the following:

“(b.1) respecting the feedback process required by subsection 43(1);”

That Bill C-81, in Clause 45, be amended by adding after line 33 on page 18 the following:

“(1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force.”

Clause 46

That Bill C-81, in Clause 46, be amended by replacing line 5 on page 19 with the following:

“that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 46, be amended by replacing line 9 on page 19 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 47

That Bill C-81, in Clause 47, be amended by replacing line 19 on page 19 with the following:

“ferred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as that paragraph applies in respect of the areas referred to in those paragraphs; and”

That Bill C-81, in Clause 47, be amended by adding after line 24 on page 20 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 50

That Bill C-81, in Clause 50, be amended by replacing line 4 on page 22 with the following:

“that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 50, be amended by replacing line 11 on page 22 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 51

That Bill C-81, in Clause 51, be amended by replacing line 22 on page 22 with the following:

“ferred to in paragraphs 5(c), (d) and (e) and the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e);”

That Bill C-81, in Clause 51, be amended by adding after line 2 on page 24 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 54

That Bill C-81, in Clause 54, be amended by replacing, in the English version, lines 19 and 20 on page 25 with the following:

“tion 5(1), a day in respect of a regulated entity;”

That Bill C-81, in Clause 54, be amended by adding after line 23 on page 25 the following:

“(b.1) respecting the feedback process required by subsection 52(1);”

That Bill C-81, in Clause 54, be amended by adding after line 33 on page 25 the following:

“(1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force.”

Clause 55

That Bill C-81, in Clause 55, be amended by replacing line 5 on page 26 with the following:

“that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 55, be amended by replacing line 9 on page 26 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 56

That Bill C-81, in Clause 56, be amended by replacing line 19 on page 26 with the following:

“ferred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs; and”

That Bill C-81, in Clause 56, be amended by adding after line 24 on page 27 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 59

That Bill C-81, in Clause 59, be amended by replacing line 4 on page 29 with the following:

“that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 59, be amended by replacing line 11 on page 29 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 60

That Bill C-81, in Clause 60, be amended by replacing lines 22 to 28 on page 29 with the following:

“and the prevention of new barriers, in

(i) the areas referred to in paragraphs 5(c) and (d) to (f),

(ii) the built environment, to the extent that the built environment is a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal, and

(iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(c) and (d) to (f) and to the built environment referred to in subparagraph (ii); and”

That Bill C-81, in Clause 60, be amended by adding after line 35 on page 30 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 63

That Bill C-81, in Clause 63, be amended by adding after line 22 on page 32 the following:

“(b.1) respecting the feedback process required by subsection 61(1);”

That Bill C-81, in Clause 63, be amended by replacing, in the English version, lines 23 to 25 on page 32 with the following:

“(c) specifying the form and manner in which descriptions of the feedback process required by subsection 61(1) are to be published;”

That Bill C-81, in Clause 63, be amended by adding after line 32 on page 32 the following:

“(1.1) The Canadian Transportation Agency must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force.”

Clause 64

That Bill C-81, in Clause 64, be amended by replacing line 5 on page 33 with the following:

“on any terms that the Agency considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 64, be amended by replacing line 9 on page 33 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 65

That Bill C-81, in Clause 65, be amended by replacing lines 18 to 23 on page 33 with the following:

“and the prevention of new barriers, in

(i) the areas referred to in paragraphs 5(a) and (g),

(ii) the built environment, other than passenger aircraft, passenger trains, passenger buses, passenger vessels, aerodrome passenger terminals, railway passenger stations, bus passenger stations or marine passenger terminals, and

(iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(a) and (g) and to the built environment referred to in subparagraph (ii); and”

That Bill C-81, in Clause 65, be amended by adding after line 27 on page 34 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 68

That Bill C-81, in Clause 68, be amended by replacing line 9 on page 36 with the following:

“that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 68, be amended by replacing line 16 on page 36 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 69

That Bill C-81, in Clause 69, be amended by adding after line 35 on page 37 the following:

“(9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.”

Clause 72

That Bill C-81, in Clause 72, be amended by replacing line 19 on page 39 with the following:

“that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 72, be amended by replacing line 26 on page 39 with the following:

Gazette and the reasons for the making of the order must be made available to the public.”

Clause 95

That Bill C-81, in Clause 95, be amended by replacing line 21 on page 52 with the following:

“complainant became aware of more than one year, or any”

Clause 103

That Bill C-81, in Clause 103, be amended by adding after line 6 on page 56 the following:

“(1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant.”

Clause 104

That Bill C-81, in Clause 104, be amended by replacing line 27 on page 56 with the following:

“order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances.”

That Bill C-81, in Clause 104, be amended by adding after line 27 on page 56 the following:

“(1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice.”

That Bill C-81, in Clause 104, be amended by replacing line 29 on page 56 with the following:

“the grounds of appeal and set out the evidence that supports those grounds.”

Clause 106

That Bill C-81, in Clause 106, be amended by replacing lines 9 and 10 on page 57 with the following:

“may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give.”

That Bill C-81, in Clause 106, be amended by adding after line 10 on page 57 the following:

“(1.1) An appeal shall be on the merits based on the record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available.”

That Bill C-81, in Clause 106, be amended by adding after line 14 on page 57 the following:

“(3) A copy of the order made by the member or panel of members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal.

(4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court.”

Clause 113

That Bill C-81, in Clause 113, be amended by replacing line 4 on page 59 with the following:

“ed to do so by the Minister, must — provide information or advice to the Minister in”

Clause 117

That Bill C-81, in Clause 117, be amended by replacing lines 20 to 22 on page 60 with the following:

“(f.1) respecting the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1);

(g) specifying the form and manner in which descriptions of the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1) are to be published;”

That Bill C-81, in Clause 117, be amended by adding after line 18 on page 61 the following:

“(1.1) The Governor in Council must make at least one regulation under any of paragraphs (1)(e) to (h) within the period of two years that begins on the day on which this subsection comes into force.”

Clause 118

That Bill C-81, in Clause 118, be amended by replacing line 6 on page 62 with the following:

“paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.”

Clause 119

That Bill C-81, in Clause 119, be amended by replacing line 28 on page 62 with the following:

“referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.”

Clause 120

That Bill C-81, in Clause 120, be amended by replacing line 14 on page 63 with the following:

“(c) the procurement of goods, services and facilities that are not”

That Bill C-81, in Clause 120, be amended by replacing lines 15 to 17 on page 63 with the following:

“related to the mobility of persons with disabilities;

(d) areas designated under regulations made under paragraph 117(1)(b); and

(e) the area referred to in paragraph 5(c.1) as it relates to the areas referred to paragraphs (a) to (d).”

Clause 121

That Bill C-81, in Clause 121, be amended by adding after line 32 on page 63 the following:

“The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

That Bill C-81, in Clause 121, be amended by replacing line 38 on page 63 with the following:

“be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.”

Clause 132

That Bill C-81, in Clause 132, be amended by replacing line 17 on page 67 with the following:

“(2) The person or persons conducting the review must consult the”

Clause 154

That Bill C-81, in Clause 154, be amended by replacing, in the English version, line 36 on page 78 with the following:

“fered physical or psychological harm, property damage or”

Clause 155

That Bill C-81, in Clause 155, be amended by replacing, in the English version, line 10 on page 79 with the following:

“has suffered physical or psychological harm, property”

Clause 163

That Bill C-81, in Clause 163, be amended by replacing, in the French version, line 14 on page 81 with the following:

“ticles 51 à 53 de la Loi canadienne sur l’accessibilité ou d’une”

Clause 169

That Bill C-81, in Clause 169, be amended by replacing line 8 on page 84 with the following:

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

That Bill C-81, in Clause 169, be amended by replacing lines 11 to 14 on page 84 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-”

Clause 170

That Bill C-81, in Clause 170, be amended by replacing line 24 on page 84 with the following:

“communication technologies and the design and delivery of pro-”

That Bill C-81, in Clause 170, be amended by adding after line 11 on page 85 the following:

“The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.”

Your Committee has ordered a reprint of Bill C-81, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 112, 113, 115 to 119, 123 and 124) is tabled.