Previous page | Table of Contents | Next Page
What the Review Heard: ODA Repeal Strategy
In the terms of reference, the review was directed to consider a repeal strategy for the Ontarians with Disabilities Act, 2001. During the consultations, few stakeholders raised this issue on their own but some did offer comments when asked.
Views diverged on how and when to repeal the ODA.
When the ODA was enacted, the disability community felt it had significant shortcomings. Yet almost a decade later, it is widely credited with raising consciousness of the barriers facing people with disabilities, and in some cases with achieving tangible progress on the removal of barriers. Today, there is a definite reluctance among disability groups to see the ODA repealed.
The ODA was not a welcome piece of legislation in the disability community. Its exclusive focus on the public sector and its failure to provide any requirement that barriers be removed meant that it appeared to be mere window dressing. The AODA was warmly welcomed because it was thought that it would correct those shortcomings. Curiously, the ODA has demonstrated more promise than was originally anticipated, while the AODA has demonstrated less. This is not to say that the ODA alone would lead to a barrier free future for the citizens of the province who have disabilities. If we must have one or the other, we would certainly choose the AODA. Written Brief, Community Living Ontario |
The AODA Alliance believes the whole question is premature and repeal should be deferred until 2025. The alliance said its position would change only if it could be shown that nothing in the ODA could help move Ontario toward accessibility by 2025, and that everything the ODA requires has been replicated under the AODA. Neither of these conditions now exists, the alliance pointed out. Other groups suggested that the ODA should be left on the books until all five accessibility standards are in place and it can be confirmed that all ODA requirements have been brought forward into the standards.
Representatives of the provincial government and the broader public sector emphasized the need to simplify requirements as much as possible. Having one piece of accessibility legislation rather than two was seen as a way of doing this. It was also suggested that when the act is repealed, it should be done at once and not in stages.
At the same time, the sectors now obligated to undertake planning recognized its value, and considerable support was expressed for continued planning under the AODA centred on compliance with standards. However, there was a strong feeling that any planning obligations carried over to the AODA should be streamlined with reporting requirements on compliance with standards, to avoid two separate administrative processes. One suggestion was to require a four-year accessibility plan with annual revisions, rather than an annual accessibility plan. The private and not-for-profit sectors had little to say about the ODA repeal, likely because the ODA and its planning requirements do not apply to them.
About the ministry
Making Ontario Accessible