Outlining Bill C-81: Accessible Canada Act

Padmaja Rengamannar | October 12th, 2021

Over 6 million Canadians over the age of 15 identify as an individual with a disability. That is 22% of the Canadian population, which is a significant number of us living life through a completely different and often challenging perspective. Several Canadians across provinces express their grievances about the lack of accessibility accommodations in public spaces. In general, while designing spaces and planning cities, disabled individuals have not been at the forefront of the agenda; whether it is about creating accessible parking spaces in front of grocery stores or creating accessible polling stations for disabled voters. Many factors need to be taken into consideration when ensuring disability accommodations, such as offering American Sign Language (ASL) or Braille options and a plethora of other accessibility needs.

Accessibility refers to the proper accommodation of visible and invisible disability needs. The United Nations Department of Economic and Social Affairs Division for Social Policy and Development, provide a thorough definition, “Accessibility is best defined as the provision of flexibility to accommodate each [individual’s] needs and preferences when used with reference to persons with disabilities, any place, space, item or service, whether physical or virtual, that is easily approached, reached, entered, exited, interacted with, understood or otherwise used by persons of varying disabilities, is determined to be accessible.” What is central to ensuring accessibility accommodations is the willingness and empathy to help every case as needed. With this spirit, the Accessible Canada Act became law in 2019, and more close to home, it was created to function along with the Ontario Human Rights Code and the Ontario Human Rights Commission.

Bill C-81 or the Accessible Canada Act, often referred to as “An Act to ensure a barrier-free Canada” strives to accommodate all individuals, particularly those individuals with a disability in such a way that prevents existing barriers and the creation of future barriers to access opportunities in “employment, the built environment, information and communication technologies, the procurement of goods, services and facilities, the design and delivery of programs and services, transportation". The Act was created with a 20-year plan in mind, to create a Canada without any barriers by or before the 1st of January 2040. However, many disabled Canadians and the Accessibility for Ontarians with Disabilities Act (AODA) feel apprehensive about the implementation of Bill C-81 and the promises it makes.

In general, for such a bill to fulfill its goals, it is essential for political and legislative members of Canadian society to work collaboratively with the disability community. During the 2021 Canadian federal elections, only the New Democratic Party made substantial commitments to the disabled community in Canada, while the remaining parties offered little to no comments. This furthers the lack of faith and trust in Canada’s political and legal bodies, and it is more important than ever for legislative and political actors to work on their shortcomings proactively in order to foster trust in the disabled community and to be able to reach their ambitious goal of creating a barrier-free Canada by the 1st of January 2040.

The disabled community ought to be accommodated without having to remind our Canadian society of the accessibility struggles they face daily. David Leprofsky, the chair of the AODA, grieves over the lack of clarity around the rules envisioned by Bill C-81. For instance, Leprofsky highlights the lack of clear rules when new infrastructure is being designed and whether designers fully take into account disability accommodations in newly designed spaces. In order to be effective, the bill must provide for maximum flexibility, according to each individual's specific needs. More consistent communication with the disabled community and clear application of rules will foster a more accessible and accommodating environment for all persons.