Ontarians with Disabilities Act, 1998 Bassett, Hon. Isabel Minister of Citizenship, Culture and Recreation — Bill 83 (36th Parliament, 2nd Session)

Bill 83, 36-2

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Bill 83, Ontarians with Disabilities Act, 1998

Bassett, Hon. Isabel Minister of Citizenship, Culture and Recreation

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[36] Bill 83 Original (PDF)

B083_E

Bill 83 1998

An Act to improve the identification, removal and prevention of barriers

faced by persons with disabilities

Preamble

The people of Ontario have recognized the right of persons with

disabilities to equal treatment without discrimination in accordance with the

Human Rights Code. The Government of Ontario recognizes that this

right includes the right to equal treatment with respect to services, goods

and facilities without discrimination in accordance with

section 1 of the

Human Rights Code , and the right to equal treatment with respect to

employment without discrimination in accordance with

section 5 of the

Human Rights Code .

The right of persons with disabilities to equal treatment without

discrimination in accordance with the Human Rights Code is addressed

in a number of Ontario statutes.

The Canadian Charter of Rights and Freedoms also provides that

persons with disabilities are equal before and under the law and have the

right to equal protection and equal benefit of the law.

It is the shared responsibility of everyone in Ontario to identify, remove

and prevent barriers to the participation of persons with disabilities.

Identifying, preventing and removing barriers will increase the

contribution of persons with disabilities to the economic and social life of

the province.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The purpose of this Act is to improve access for

persons with disabilities through the identification, removal and prevention

of barriers to their participation in the economic and social life of the

province.

Definition

2. In this Act,

disability" has the same meaning as "handicap", as set out in the

definition of "because of handicap" in subsection 10 (1) of the Human

Rights Code .

Ministry plans re barriers

(1) As part of each ministry's annual planning

process, every minister shall prepare a plan for the identification, removal

and prevention of barriers to persons with disabilities in his or her

ministry's legislation, policies, programs, practices and services.

Contents

(2) The plan shall include,

(

a) a report on the measures the ministry has taken to identify, remove

and prevent barriers to persons with disabilities;

(

b) a list of the ministry's legislation, policies, programs, practices

and services that will be reviewed in the coming year in order to identify

barriers to persons with disabilities;

(

c) the measures in place to ensure that any proposals by the ministry for

legislation, policies, programs, practices and services are assessed for

their effect on access for persons with disabilities;

(

d) the measures to be taken in the coming year to remove and prevent

barriers to persons with disabilities.

Guidelines

(3) The plan shall be prepared and submitted in accordance with any

guidelines issued by the Management Board of Cabinet.

Review of Act

4. The Executive Council shall cause a review of this Act

to be undertaken within five years of its coming into force, and the review

may include recommendations to improve the effectiveness of this Act.

Recognition of existing legal obligations

(1) The existing legal obligations of the Ontario

government with respect to the provision of access for persons with

disabilities are hereby recognized and affirmed.

Human Rights Code not affected

(2) Nothing in this Act affects the operation of the Human Rights

Code .

No new cause of action created

(3) No new cause of action, right of appeal, claim or other remedy exists

in law because of this Act or because of anything done or omitted to be done

under this Act.

Commencement

6. This Act comes into force on a day to be named by proclamation

of the Lieutenant Governor.

Short title

7. The

short title of this Act is the Ontarians with

Disabilities Act, 1998 .

EXPLANATORY NOTE

The Bill requires every minister to prepare an annual plan, as part of the

ministry's annual planning process, setting out his or her ministry's

identifying, removing and preventing barriers to persons with

disabilities.

The Bill sets out the contents of ministry plans and requires that they be

prepared and submitted in accordance with any guidelines issued by the

Management Board of Cabinet.

A review of the effectiveness of this Act is to be undertaken within five

years of its coming into force.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

November 23, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 83, 36-2
Type	bill
Volume / chapter	p36 s2 bill 83 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3ac84c0124ac8940f8eb7e8697d3a553b14b3073

Source file is stored in the law ingest library (html).