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What the Review Heard: Key Themes - Integration with Other Legislation and Initiatives

The harmonization issue has a larger dimension, beyond how accessibility standards fit together. This involves the relationship between the AODA and other legislation, particularly the Human Rights Code, and with other government initiatives.

Human Rights Code

Because the Human Rights Code has primacy over other legislation, the obligated sectors are concerned about double jeopardy. Compliance with AODA standards would not necessarily represent compliance with the code. Hence organizations that meet the standards could still be subject to complaints of discrimination by individuals. Proceedings before the Human Rights Tribunal of Ontario could result.

Representatives of people with disabilities had a different viewpoint. They were concerned that standards under the AODA might provide a lower level of accessibility than the Human Rights Code calls for. The code requires accommodation of the needs of persons with disabilities, up to the point of “undue hardship.” Setting the bar lower would defeat the intent of the AODA, which is to achieve accessibility without forcing people with disabilities to fight barriers on a case-by-case basis.

The way these two laws co-exist and interact is confusing to many. It was suggested that the AODA should have clarified the relationship between the two measures.

Open for Business

Representatives from Ontario’s Open for Business office outlined the government’s priorities for this initiative. The policy involves action in three key areas:

• Modern Services: transforming the way government delivers services to business across Ontario by making it easier to interact with government
• Modern Government: transforming the way government develops policies and provides regulatory oversight, re-orienting how it works with business
• A New Relationship with Business: reaching out to business to create a new, open and transparent relationship and working with business on common goals of safety, prosperity, jobs and economic growth.

A key objective behind this initiative is regulatory reform to improve public protection, while reducing costs to business and supporting a competitive economic climate. Ontario is looking to become a leading jurisdiction in modern regulation through reforms to:

• Involve business in regulation development from the outset
• Develop high quality regulations by reducing the regulatory burden, seeking alternatives and simplifying and harmonizing requirements
• Change government’s approach to compliance to make it consistent, coordinated, efficient, transparent and predictable
• Help and support businesses to comply.

This policy came up in discussions with other stakeholders. Business representatives wondered how the implementation of AODA standards could be reconciled with the commitment to reduce the regulatory burden and regulatory costs. Some suggested that the government should consider this policy in the context of harmonizing the standards and aligning the standards with other legislation.

Mental Health

Both the federal and provincial governments have made mental health a priority.

The federal government has created the Mental Health Commission of Canada, which is working on five key initiatives: a national mental health strategy; an anti-stigma initiative; homelessness research demonstration projects; a knowledge exchange centre; and the Partners for Mental Health Program.

In Ontario, the Minister of Health and Long-Term Care has created a special advisory group on mental health and addictions to advise on policies and programs. In February 2009 the legislature created a select committee on mental health and addictions — with members from all three parties — to help develop ways to improve access to mental health and addiction services in the province.

Representatives from the mental health and addictions field stressed that the government should take these initiatives into account as it implements the AODA.

Aboriginal Communities

Representatives of Aboriginal communities stressed that their unique needs should be taken into account in both developing standards and enforcing compliance.

French Language Services Act

Francophone representatives commented on many of the same issues and concerns expressed by others from the disability community. One point in particular was the need for the government to ensure that French- language accessibility programs and services are consistent with the French Language Services Act.

Other Laws and Regulations

Issues about the Building Code and the Employment Standards Act were also raised. Some suggested integrating the built environment standard into the Building Code.