Nothing About Us, Without Us: Moving Together Towards an Accessible New Brunswick Final Report of the Select Committee on Accessibility in New Brunswick Third Session of the 60th Legislative Assembly of New Brunswick

Members of the Committee Kathy Bockus, Chair M.L.A., Saint Croix Michelle Conroy, Vice-Chair M.L.A., Miramichi Dorothy Shephard M.L.A., Saint John Lancaster Mike Dawson M.L.A., Southwest Miramichi - Bay du Vin Trevor Holder M.L.A., Portland-Simonds Jeff Carr M.L.A., New Maryland-Sunbury Daniel Allain M.L.A., Moncton East Francine Landry M.L.A., Madawaska Les lacs - Edmundston Richard Losier M.L.A., Dieppe Gilles LePage M.L.A., Restigouche West David Coon M.L.A., Fredericton South Third Session Sixtieth Legislative Assembly of the Province of New Brunswick Final Report of the Select Committee on Accessibility in New Brunswick Legislative Assembly of New Brunswick P.O.

Box 6000 Fredericton, New Brunswick E3B 5H1 CANADA March 2024 Printed in New Brunswick

March 26, 2024 To the Honourable The Legislative Assembly of The Province of New Brunswick Mr.

Speaker: I have the pleasure to present herewith the Final Report of the Select Committee on Accessibility in New Brunswick entitled “Nothing About Us, Without Us: Moving Together Towards an Accessible New Brunswick.” Your Committee was tasked with conducting consultations with community stakeholders as well as government departments involved with the disability community and reporting to the House with recommendations in relation to a document tabled in the House on December 7, 2023, entitled Achieving Greater Accessibility: New Brunswick’s Framework for Accessibility Legislation.

This final report represents the results of your Committee’s consultation exercise on the legislative framework for accessibility legislation in New Brunswick and its recommendations. On behalf of the Committee, I would like to express my sincere appreciation to the presenters who appeared before the Committee and those individuals and groups who submitted written briefs. Everyone gave generously of their time to ensure that accessibility legislation is inclusive and robust.

In addition, I would like to express my gratitude to the members of the Committee for their valuable contribution in carrying out our mandate. Respectfully submitted, Kathy Bockus, M.L.A. Chair

TABLE OF CONTENTS EXECUTIVE

SUMMARY ............................................................................................ 1

SECTION I: Introduction and Legislative Consultation Process ..................................................... 3 Introduction ........................................................................................................... 3 Legislative Consultation Process .......................................................................... 3

SECTION II: Feedback on the Framework ...................................................................................... 5 Vision, Purpose, and Application .......................................................................... 5

Definitions and Language ..................................................................................... 6 Timelines .............................................................................................................. 7 Governance Model ................................................................................................ 8 Standards Development and Accessibility Plans .................................................. 9 Compliance and Enforcement ............................................................................... 9 Data Collection and Evaluation ........................................................................... 10 Broader Considerations ...................................................................................... 11

SECTION III: Conclusion and Recommendations .......................................................................... 13 Conclusion .......................................................................................................... 13 Recommendations .............................................................................................. 13 APPENDIX A: Motion to Establish the Select Committee (Motion 78) ....................................... 15 Motion to Refer Tabled Document to Committee (Motion 39) ............................. 15 APPENDIX B: List of Public Hearing Participants and Written Briefs Submitted ........................ 16

Final Report of the Select Committee on Accessibility in New Brunswick 1 EXECUTIVE

SUMMARY The Select Committee on Accessibility in New Brunswick (Committee) asked people involved with the disability community to respond to the Framework for Accessibility Legislation ( the Framework) in 2024. The Framework outlines what accessibility legislation (law) will look like in New Brunswick with timelines. The Committee heard that the Province should be praised for creating an accessibility law and for making sure that people with disabilities are consulted.

The following feedback was shared with the Committee to guide the Government forward: • The law must be bold. • The law must focus on helping people with disabilities who currently face barriers. • The law must apply to everyone. • The law must be based on the social model of disability. • The law must not use language that encourages ableism. • The law must be easy to understand and breaking the law must have strict penalties. • The law should be in full force earlier than 2040. • The office that develops accessibility standards must operate independently. • The office that develops accessibility standards must be led by persons with disabilities. • The accessibility standards must be regulations that have penalties if they are not followed. • The accessibility standards must be developed with help from other jurisdictions. • The accessibility standards must apply to the private sector and the public sector at the same time. • The complaints system must be user-friendly for everyone. • The Government must collect more information about disabilities so it knows what the needs are. • The Government must set realistic budgets to carry out the law. • The Government must address healthcare barriers and other systemic barriers. • The Government must do an intersectional analysis in relation to the law. • The Government must make sure that accessibility standards and plans are culturally relevant. • The Government must give educational, training, and support tools about the law to the public and private sector.

The Committee wishes to extend its deep gratitude to everyone who took time to share feedback on the Framework to ensure that accessibility legislation is inclusive and comprehensive.

2 Final Report of the Select Committee on Accessibility in New Brunswick

Final Report of the Select Committee on Accessibility in New Brunswick 3

SECTION I: Introduction and Legislative Consultation Process Introduction In its interim report Nothing About Us, Without Us: Moving Together Towards an Accessible New Brunswick, presented to the Legislative Assembly on December 16, 2022, the Select Committee on Accessibility in New Brunswick outlined the main issues that were brought forward during consultations with persons with disabilities, advocacy organizations, government and research agencies, commissions, and councils. During the discussions that informed the report, the topic of human rights was a central theme.

The Committee agreed that all individuals, regardless of ability, deserve equal opportunities to participate fully in society and access essential services without discrimination. Creating accessibility legislation is the first of many steps needed to address the long-standing barriers to full participation, inclusi on, and citizenship for individuals with disabilities in the province.

Following the presentation of the Committee’s interim report, the Department of Post-Secondary Education, Training and Labour (PETL) was given responsibility for the implementation of accessibility legislation and governance of the resulting plans and programs. On December 7, 2023, the Minister of PETL tabled in the House Achieving Greater Accessibility: New Brunswick’s Framework for Accessibility Legislation (the Framework) in response to the Committee’s interim report. The Framework was based on the seven key principles outlined in the Commi ttee’s interim report and best practices in other jurisdictions.

The Framework is intended to serve as a guideline for accessibility legislation. On the same day, the House carried Motion 39, which referred the Framework to the Committee ( Appendix A ). The Committee agreed to hold consultations on the Framework to ensure that people with disabilities are directly involved in identifying gaps within the Framework before accessibility legislation is presented to the Legislative Assembly.

This, the Select Committee on Accessibility in New Brunswick’s final report, discusses the feedback the Committee received on the Framework and lists the Committee’s recommendations for moving forwar d with accessibility legislation and making New Brunswick accessible for all citizens.

Legislative Consultation Process The Select Committee on Accessibility in New Brunswick invited the individuals and entities who participated in 2021 and 2022 ( Appendix B of the Interim Report of the Select Committee on Accessibility in New Brunswick) to respond to the Framework from their areas of expertise in the form of written brief by January 31, 2024. This was followed by consultation with invited witnesses before the Committee on February 7, 2024. In total, the Committee received 10 written submissions in the form of email or email attachments and received five presentations .

PETL was first to appear before the Committee to present the Framework and answer questions. A full list of participants who responded to the Framework can be found in Appendix B.

4 Final Report of the Select Committee on Accessibility in New Brunswick The Committee received positive and negative comments about the consultation process. Numerous individuals expressed gratitude to the Committee for making accessibility legislation a priority and for being invited to provide feedback on the progress to wards this goal. One commenter said that the engagement process has empowered individuals and advocacy groups to make val uable contributions, and with their continued input, New Brunswick’s accessibility legislation will successfully serve its intended purpose.

Other positive comments included praise for the comprehensive nature of the Committee’s interim report. While feedback suggested that individuals were pleased to be consulted on the Framework, several said that the consultation process itself was not as a ccessible as it could have been. One written submission argued that the timing for written feedback was problematic because comments were requested over the holiday season with a deadline set for January 31, 2024 . The method was also questioned by commenters who said that only allowing written briefs to be sent by mail, fax, or email was unacceptable.

They suggested that other options should have been offered, such as holding in-person or virtual events across the province, giving responders the option to send in a video response, or stating that the Committee would provide other options for response based on individual accessibility needs. The Committee also received feedback about how the hearings were broadcast. While the presentations were shown live on the Legislative Assembly website and were available through video transcript with simultaneous French and English

interpretation, they were not available with closed captioning or American Sign Language ( ASL) or Langue des signes québécoise (LSQ) for people who are hard of hearing . Commenters went on to say that if legislators want authentic engagement about accessibility, they must offer channels to allow persons with disabilities to engage directly and without any barriers. The Committee wishes to acknowledge and thank all participants who took their time to offer feedback about its engagement process.

Final Report of the Select Committee on Accessibility in New Brunswick 5

SECTION II: Feedback on the Framework The Framework lists actions which will help identify, remove, and prevent barriers to the full and effective participation of all New Brunswickers in society, especially those with disabilities. The Framework include s the purpose and application of the proposed legisla tion, a timeline, governance structure, specific areas of focus, as well as education, evaluation, and compliance plans. The Framework concludes with a timeline of key milestones for New Brunswick to achieve as it moves towards achieving greater accessibility by 2040.

The Committee acknowledges that the creation of the accessibility legislation framework was a step forward in creating guidelines and standards that will lead to more inclusivity and equality in the province. Soliciting feedback throughout t he development and implementation stages of such legislation is crucial, as it allows policymakers to gain insights from diverse perspectives, thereby ensuring that the final framework is comprehensive, effective, and reflective of the needs and experiences of a diverse array of persons with disabilities.

The Committee heard that the Province should be commended for taking on the challenge of creating accessibility legislation, given the scope of what will be required, and for ensuring that consultation i s part of the undertaking. Some commenters expressed gratitude that some recommendations heard during the Committee’s 2021 and 2022 consultations were included in the Framework. One individual praised the Framework’s comprehensive approach, application to both public and private sectors, the inclusion of modern best practices, sequential application, and enforcement measures. This

section of the report provides a general overview of the recommendations and ideas discussed by participants during the consultation exercise. The Committee has reserved its recommendations for

Section III, which concludes this report. Vision, Purpose, and Application The Committee received a great deal of commentary about the vague and uninspiring nature of the Framework’s vision of “achieving greater accessibility by 2040.” While some said that 2040 is a long time away and that processes should be more streamlined, ot hers said that 16 years is an appropriate timeframe to accomplish all the goals of this wide -reaching legislation.

Most responders said that if the goals as outlined in the Framework are achieved on time through continuous consultation with persons with disabilities, the vision should refer to “An Accessible New Brunswick by 2040” instead of “Achieving Greater Accessibility.” This change will reassure individuals with disabilities that full accessibility is a priority for the Province and there is a set timeframe during which these positive changes will be accomplished. For several commenters, the Framework’s purpose of creating legislation “to benefit all persons, especially persons with disabilities” caused concern .

Commenters said that the purpose of accessibility legislation should be to improve the lives of persons with disabilities directly, prioritizing their specific needs and challenges. Not all New Brunswickers have equal access to important services like transportation, education, and healthcare. It is these individuals—persons

6 Final Report of the Select Committee on Accessibility in New Brunswick with disabilities—who will benefit most from the legislation and because their needs have not been met, they need to know that they are prioritized. The Committee heard that while it will be important to communicate to the public that accessibility standards will benefit all New Brunswickers, the focus of the legislation itself should be on improving the lives of people who currently face accessibility barriers.

The Committee heard that taking a human rights-based perspective is crucial for ensuring that individuals with disabilities are the priority of the new legislation. While the Framework acknowledges the importance of adhering to the rights and freedoms of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the Canadian Charter of Rights and Freedoms, and the New Brunswick Human Rights Act, as well as the importance of identifying, removing, and preventing barriers, it does not include messaging that obligates government to ensure the full participation of all citizens in society.

Therefore, it was recommended that legislation clearly state the Province’s belief in equality and the importance of accessibility in ensuring the protection of fundamental rights and freedoms. Concerning the application of the legislation, the Committee heard that it will be important for leadership to recognize that ableism impact s the identification of barriers and the development of standards. Ableism is also present in the medical model of disability, which has the view that people are disabled by their impairments or differences.

For this reason, commenters recommended that the legis lation and accompanying disability plans follow a social model of disability, which acknowledges that disability is caused by the way society is organized. This perspective will help administrators identify some of the larger institutional structures that will need modification for true accessibility to be a reality in New Brunswick.

Definitions and Language The Committee heard that u sing clear

definitions and accurate, accepted language is crucial when drafting any written documents about accessibility. This ensures clarity, consistency, and inclusivity. Correct language choice can also impact societal perceptions and attitudes toward s disability, shaping inclusion efforts and promoting equality. In contrast, ambiguity and vagueness in lang uage can lead to loopholes or inadequate provisions, potentially leaving pe ople with certain disabilities without proper support or accommodations. While it is important to use appropriate language, the Committee heard that the standardization of

definitions, as outlined in the Framework, often oversimplifies the complexity of disabilities, leading to a one -size-fits-all approach that may not adequately address the diverse needs of individuals. Standardized

definitions can also perpetuate stereotypes and misconceptions about disability, further marginalizing already vulnerable populations. Moreover,

definitions created by able-bodied persons would likely be different than those created by persons with disabilities. For example, the Framework lists, “acceptable levels of barrier-free standards over time.” Presenters wondered who would define acceptable levels and who would define barrier. These words could mean very different things to an able-bodied person, to a person with a physi cal disability, and to a person with a sensory disability. For this reason, comment ers urged the Committee to ensure that people with a wide variety of disabilities are involved when defining important concepts and priorities.

Final Report of the Select Committee on Accessibility in New Brunswick 7 The Committee also received feedback about specific words and

definitions that need to be considered in depth before the y are used in legislation. For example, the use of person-first language (e.g., person who has a hearing impairment ) and identity-first language (e.g., Deaf person) is often a political or personal choice and preference for one or the other may change over time or based on context . For this reason, legislative drafters should consult with stakeholders when considering th e implications of using one over the othe r, or including both, when preparing legislation. Likewise, specific feedback was given about the Framework’s definition of disability.

Commenters said that learning disabilities need to be explicitly referenced, as they are often mistakenly folded into intellectual or mental disability. To ensure that the right language and

definitions are chosen for legislation, it was recommended that legislative drafters consult advocacy groups and persons with disabilities to expand the list of

definitions and to ensure they are correct. Timelines The Committee heard that data by Statistics Canada shows that New Brunswick had the highest increase in disability rates in Canada between 2017 and 2022 (an increase of 8.6% to 35.3% overall). It was also noted that these numbers do not consider the percentage of children with disabilities, which is also very high, nor do they included seniors who already have elevated likelihoods of having one or more disabilities. In addition, the rate of disability is even higher among Indigenous people in the province.

This statistic is alarming and clearly shows that the need for accessibility legislation and accompanying standards is urgent and the process cannot be delayed unnecessarily. The Framework lists 2040 as the date for New Brunswick to achieve “greater accessibility ” because this is the year that national standards must be in place. PETL confirmed that although setting a shorter timeframe is possible, the longer timeframe was chosen to be realistic a nd to accommodate unexpected challenges.

Feedback suggested that due to the urgency of the need, leadership must consult other jurisdictions to ask what they would have done differently to avoid unnecessary delays. Regardless of whether the Province chooses 2040 or an earlier date, the Committee heard that leadership needs to ensure that the right mechanisms are in place for actions to be executed correctly the first time, and that New Brunswick will be fully accessible within that designated timeframe. Much of the discussion during the consultation exercise concerned the immediate steps that the government can take to enhance accessibility.

Presenters emphasized that a significant number of people in the province currently encounter barriers to daily living, including the ability to cook a meal or use the washroom. This is unacceptable and needs to be corrected. One solution that was discussed at length was the need for all new public buildings and all new multi-unit housing facilities to follow the principles of Universal Design. Presenters expressed that retrofitting is not a good use of time or money and if there are steps that can be taken now to ensure that new buildings are accessible to all, they should be identified and pursued aggressively.

Other shorter- term actions that were discussed include creating a Disability Advocate position ; adding staff and advocate positions to the New Brunswick Human Rights Commission ; signing a memorandum of understanding with Accessibility Standards Canada to ensure that federal standards on built environment and employment are followed; and ensuring that all government

8 Final Report of the Select Committee on Accessibility in New Brunswick communications are accessible, including websites that follow Web Content Accessibility Guidelines (WCAG 2.0). Feedback suggested that other milestones in the Framework may need to be done incrementally, but they could have shorter timelines than anticipated. Mandatory etiquette and accommodation training for all government workers, for example, already exist and may only need to be modified slightly for New Brunswick.

However, the Committee heard that to speed up the process of adopting such changes, the government must ensure that it is a priority. Presenters urged that government departments create accessibility plans within shorter timeframes and emphasized that leadership is often wary of change but that with greater understanding and acceptance, accessibility and inclusion will become more familiar and meeting timelines and accomplishing goals should be easier in the future. Governance Model Having the right governance structure will be crucial in advancing inclusivity in the province.

The Committee heard that advisory bodies and senior leadership roles should be filled by individuals who represent the full spectrum of lived experience of disability. This diversity will ensure that a wide range of perspectives and needs are considered when decisions are made. In addition, leadership should have sufficient resources and support to accomplish goals, including funding, staff support, and access to expertise and resources on accessibility best practices. The governance model outlined in the Framework caused major concerns for stakeholders.

A key criticism was that too much authority was given to the Accessibility Secretariat, which would be composed of PETL employees, and not enough authority would be given to the advisory body composed of individuals with lived experience of disability. Stakeholders said that this model gives the ministerial purview too much power , which causes several concerns outlined below.

They said that if the Province truly wishes to follow the principle of “nothing about us, without us” outlined in the Committee’s interim report, the governance structure needs to give central roles to persons with lived experience of disability. Stakeholders said that one of the main proble ms with the PETL governance structure is that decision-making bodies should not have any ties to government or third-party service organizations that receive funds from the Province. They argued that it is impossible to be both an advocate and a service provider without having major conflicts of interest.

In addition, they said that the Framework contains two other clear oversights. First, the Framework does not explicitly state that the PETL employees who compose the Secretariat must be persons with disabilities. Second, the Secretariat falls under a large department with many different priorities. Stakeholders argued that under this structure, the accessibility file would be constrained, limited, and ineffective. Some p articipants offered the Committee an alternate governance structure based on jurisdictional learnings .

This alternate framework outlines how an independent entity (commission or directorate) would better enable the transparent and inclusive development of accessibility standards and their compliance and enforcement measures. They argued that an independent entity ensures impartiality, prioritizes diverse stakeholder input, and fosters trust.

Final Report of the Select Committee on Accessibility in New Brunswick 9 Standards Development and Accessibility Plans Accessibility standards and the plans that will be used to implement them are necessary in both the public and private sectors. Overall, the goal of these standards and plans is to ensure that as individuals travel throughout the province, they can be assured that they will have the same level of accommodation when acquiring goods, accessing services, and meeting their basic needs.

Feedback indicated that more clarity is needed regarding the process of identifying barriers, developing standards, and implementing accessibility plans for public and private entities in the province. Stakeholders said that standards development will need to move through a regulation process like the one that was used for the Accessible Canada Act. At present, this process is not clearly outlined in the Framework, and that with the current wording, standards appear optional.

They suggested that it is best to discuss standards from the perspective of them being regulations, as this change of wording would imply penalties for non-compliance. Also, like other aspects of the Framework, stakeholders said that timelines for the development of accessibility standar ds and plans require clarification. Stakeholders said that a significant amount of work has already been completed in other jurisdictions, and because of this, they suggested that standards could be developed and come into force more quickly than what has been proposed.

The Framework indicates that accessibility standards will be implemented by public-sector entities beginning in 2029; however, if the Province were to sign memoranda of understanding with Accessibility Standards Canada and other relevant entities now, the process could begin sooner. The Committee also heard that the timeline for the development of accessibility plans for government departments should be more concise. Rather than have the timeline linked to the enactment of legislation, it was recommended that specific dates be stated.

The Committee also heard that the timelines proposed in the Framework were not clear for when accessibility plans would be developed for the private sector or for other public-sector entities like municipalities. The Framework states that the legislation will first apply to government departments, followed by public sector bodies then “individuals and organizations .” By not providing clear parameters for whom exactly the legislation will impact and when, the government increases the chances for neglect and unaccountability.

It was suggested that more precise language is needed to ensure that standards can be developed and followed by the correct entities during a specific timeframe. Furthermore, stakeholders recommended that the legislation apply to the private sector at the same time as the public sector, emphasizing that a holistic response is best when striving for inclusion. Compliance and Enforcement Compliance mechanisms are necessary for ensuring that accessibility standards are upheld and translate into tangible improvements for individuals with disabilities.

By implementing vigorous compliance and enforcement measures, such as audits, inspections (planned and spontaneous), and penalties (such as fines) for non-compliance, regulatory bodies can deter violations and promote a culture of inclusion. Moreover, compliance mechanisms provide recourse for individuals facing accessibility barriers, empowering them to seek remedies when their rights are infringed

10 Final Report of the Select Committee on Accessibility in New Brunswick upon. Effective enforcement not only safeguards the rights of people with disa bilities but also fosters a more inclusive society, where accessibility is a fundamental aspect of everyday life. In terms of leadership, some stakeholders recommended the creation of a Director of Compliance and Enforcement position. This role should be clearly defined and should be supplemented with appropriate resources and staff to administer regulation s.

Others suggested that the role of compliance and enforcement could fall under an existing authority, like the Department of Public Safety. Regardless of who oversees compliance, it was clear in the public presentations and written submissions that stakeholders want a well-defined mechanism of enforcement and clearly outlined consequences for violations of standards. There cannot simply be an expectation that people will do the right thing without enforcement measures.

The Committee also heard that a user-friendly complaints system must be created for individuals to use when they encounte r accessibility barriers or when they experience other forms of legislation violation. It was recommended that the complaint s system employ specialized staff and advocates and be independent from government to eliminate conflicts of interest . It was further suggested that outcomes be made public to hold government, organizations, and employers accountable for situations when standards are not followed.

Feedback suggested that the ultimate goal of the complaint process should be to create progressive and systemic changes in the province. Data Collection and Evaluation Data collection is essential for identifying barriers, assessing the effectiveness of accessibility plans, and recognizing areas for improvement. As accessibility plans and policies evolve, related actions and expenditures need to be evaluated, with government departments held accountable.

Overall, by determining what data needs to be collected, how it will be analyzed and evaluated, and what modifi cations need to be made, the Province will have a greater chance of meeting accessibility targets and making appropriate changes within the designated timeframe. A major concern discussed by stakeholders is the current lack of information about disability in New Brunswick—data is simply not collected. And while the Framework states that legislation will outline data collection requirements, no details about which type of data or the collection process itself, are given.

Stakeholders emphasized that detailed information is required to ensure that the specific needs of individuals with disabilities in the province are met. It is not enough for the government to know how many people with disabilities are living in poverty , for example. Specifics are needed: How many people with a particular disability are living in poverty? Who is employed? Who is without housing? What type of equipment are people using and is it what they really require?

Without gathering such data, the Committee heard that it will be impossible to address the real needs of persons with disabilities in the province. Therefore, it was recommended that the government cr eate a Director of Monitoring and Measurement position that would be responsible for collecting and evaluating specific data, setting goals based on this data, and tracking progress made towards these goals. In terms of evaluation, PETL representatives informed the Committee that government departments will be accountable for their accessibility budgets through the Standing Committee

Final Report of the Select Committee on Accessibility in New Brunswick 11 on Estimates and Fiscal Policy. However, stakeholders drew attention to the fact that a costing exercise was not present in the Framework. They said that realistic investment will be a key to the success of departmental accessibility plans and that other provinces have reported that they have not invested enough. It was recommended that New Brunswick talk to representatives in other jurisdictions to see what they would have done differently and to come up with a realistic figure for yearly budgets.

It was also recommended that each department have a budget for both accessibility education and compliance , as these are large portfolios that are integral to the enactment of the legislation and need to be included from the outset. Accountability drives transparency, and duri ng the public consultation, PETL representatives stated that each department will be held accountable for the actions made towards accessibility plans through the Standing Committee on Public Accounts.

However, stakeholders said that in addition to this, departments must also be subject to internal reviews to ensure that progress is made and best practices are followed. They said that when subject to their own internal reviews, departments will be more compelled to allocate resources efficiently, address shortcomings promptly, and engage stakeholders. It was recommended that the first review be conducted within the first three years after the legislation goes into effect and every four years thereafter.

Broader Considerations Persons with disabilities face countless barriers, and while some of these barriers pose unique challenges for specific individuals or groups, others are deeply ingrained within societal structures and affect everyone. While the Framework addresse s the need for larger policy changes, feedback suggested that more attention should be given to the broader social changes needed for accessibility legislation to have a true and lasting impact.

For example, knowing that individuals with disabilities have a greater incidence of chronic health problems, increased mental health needs, and financial barriers for obtaining necessary health support services, what will be done to ensure inclusive improvements to the healthcare system? The Committee heard that add ressing healthcare barriers and other systemic barriers should be a priority for the Province.

It was therefore suggested that the government create a separate action plan to identify all the systemic barriers persons with disabilities encounter in their day-to-day lives and make recommendations for public policy changes. Persons with disabilities not only face a wide variety of systemic barriers, but are also subject to compounded forms of discrimination. Stakeholders said that a clear oversight in the Framework was the lack of intersectional analysis.

By including this type of study in its plans to make New Brunswick accessible, the government will be better able to implement mechanisms to address the intersecting factors of race, gender, socio-economic status, sexuality, and disability to better understand the diverse needs and experiences of marginalized communities. Understanding the ways in which p eople’s social identities intersect and contribute to compounding barriers is critical to ensure that accessibility legislation does not enable further discrimination.

Culture is also an important part of identity and stakeholders said that actions must be taken to ensure that accessibility plans and programs are culturally appropriate. For example, the Committee heard that it is crucial for Indigenous people to administer their own programs for persons with disabilities both within and outside their First Nations communities. This ensures

12 Final Report of the Select Committee on Accessibility in New Brunswick that Indigenous values are woven into plans and services, leading to more empowerment and self-determination. The Committee heard that First Nations communities and organizations have already been actively involved in determining health, housing, and other economic and social barriers that impact them and are developing culturally relevant solutions in partnership with other organizations.

To this end, p articipants noted that the Province should consider the principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the development of accessibility legislation. Educating the public, employers, and school administrators about disabilities and the regulations accompanying accessibility legislation is a crucial step toward s creating an inclusive society. Awareness fosters empathy and understanding and combats stigma and discrimination.

For employers, understanding accessibility means creating workplaces that accommodate diverse needs, tapping into a wider talent pool, and fostering innovation through diverse perspectives. Feedback suggested that creating a Director of Education and Awareness position would help ensure the provision of awareness, training, and support tools for each department and for the private sector. Some said this position would be critical to decrease the future demands for compliance.

Ultimately, by prioritizing education and awareness, the Province will help ensure that everyone understands the importance of inclusivity, which will in turn encourage individuals and organizations to take proactive steps to create environments that accommodate diverse needs.

Final Report of the Select Committee on Accessibility in New Brunswick 13

SECTION III: CONCLUSION AND RECOMMENDATIONS Conclusion By motion of the Legislative Assembly, the Select Committee on Accessibility in New Brunswick agreed to hold consultations on the government’s accessibility legislation framework to ensure people with disabilities are directly involved in identifying areas of improveme nt before accessibility legislation is presented to the Legislative Assembly. It was made clear to the Committee that persons with disabilities have been marginalized for far too long and that accessibility legislation is the first step in rectifying their exclusion.

People with disabilities deserve to recognize themselves in the legislation that will govern their ability to be employed, live in safe housing, access the equipment and t echnology that assures their livelihoods, live healthy fulfilling lives , and be self -reliant and respected. To ensure that accessibility legislation is reflective of the needs of people with disabilities, this report offers their feedback on the legislative framework that will be used to build a strong accessibility act. The Committee wishes to extend their gratitude to all who participated in the consultation process.

The insights and contributions shared with the Committee will be instrumental in the creation of robust accessibility legislation that will serve to build an inclusive New Brunswick. Recommendations The Select Committee on Accessibility in New Brunswick strongly supports the creation of accessibility legislation that is reflective of the needs of people with disabilities , as expressed by people with disabilities .

The Committee therefore wishes to offer th e contents of this report to the Department of Post -Secondary Education, Training and Labour in hopes that it will strengthen future accessibility legislation. Accordingly, the Committee makes the following recommendations: 1. THAT an accessibility act include a newly created accessibility commission that works across government lines with enough independence, capacity to direct, and resources to successfully implement and administer an accessibility act and that corresponding regulations be created under the auspices of the department responsible. 2.

THAT the mandate of the accessibility commission be to support the development of accessibility plans and standards, deliver public education and awareness programs, report annually to the Legislative Assembly on the effectiveness of the accessibility act and its regulated standards, oversee th eir enforcement, and ensure that people with lived experience of disabilities are represented on the commission’s staff.

14 Final Report of the Select Committee on Accessibility in New Brunswick 3. THAT the implementation date of accessibility legislation be moved up from 2040 to 2033. 4. THAT the Framework for Accessibility Legislation include Accessibility Standards Canada as a partner and that the Government of New Brunswick sign a memorandum of understanding with Accessibility Standards Canada that would inform and guide the implementation of a New Brunswick accessibility act.

Final Report of the Select Committee on Accessibility in New Brunswick 15 APPENDIX A: Motions Motion to Establish the Select Committee (Motion 78) The following is Motion 78, moved by Hon. Mr. Savoie, seconded by the Honourable the Premier, which was carried by the Legislative Assembly of New Brunswick on June 9, 2021:

WHEREAS New Brunswick currently has the second highest rate of disability in Canada, and government’s vision is to proactively eliminate and prevent barriers to ensure greater opportunities and access to services for persons with disabilities;

WHEREAS government strives to ensure New Brunswickers receive services that are accessible to all, may move freely around public buildings and spaces, have access to all employment opportunities and accessible workplaces, have a ccess to digital content and technologies, and receive barrier free services and spaces; BE IT THEREFORE RESOLVED THAT the House appoint a Select Committee on Accessibility in New Brunswick, that will be charged with conducting consultations with communit y stakeholders and government departments involved with the disability community, and reporting to the House with recommendations; BE IT FURTHER RESOLVED THAT, in addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the committee shall have the following additional powers: to meet during sittings of the House and during the recess after prorogation until the following session, and to retain such personnel and expertise as may be required to assist the committee.

The current committee is composed of Hon. Ms. Bockus, Ms. Conroy, Ms. Shephard, Mr. Dawson, Mr. Holder, Mr. Carr, Mr. Allain, Ms. Landry, Mr. Losier, Mr. LePage, and Mr. Coon as a result of amendments by motion s of the House on March 23, 2022, October 28, 2022, October 31, 2023, and November 21, 2023. Motion to Refer Tabled Document to Committee (Motion 39) The following is Motion 39, moved by Hon. Mr.

Savoie, seconded by the Honourable the Premier, which was carried by the Legislative Assembly of New Brunswick on December 7, 2023: THAT the document entitled Achieving Greater Accessibility: New Brunswick’s Framework for Accessibility Legislation tabled in the Legislative Assembly on December 7, 2023, be referred to the Select Committee on Accessibility in New Brunswick.

16 Final Report of the Select Committee on Accessibility in New Brunswick APPENDIX B: List of Public Hearing Participants and Written Briefs Submitted Ability New Brunswick Accessibility Standards Canada Atlantic Policy Congress of First Nations Chiefs Canada Fetal Alcohol Spectrum Disorder Research Network, Family Advisory Committee Canadian Union of Public Employees New Brunswick Department of Post-Secondary Education, Training and Labour Dickinson, Randy, C.M., O.N.B.

Mawita’mk Society New Brunswick Coalition of Persons with Disabilities New Brunswick Disability Executives’ Network New Brunswick Fetal Alcohol Spectrum Disorder Centre of Excellence New Brunswick Health Council New Brunswick Women’s Council Premier’s Council on Disabilities Regroupement féministe du Nouveau-Brunswick (prepared by Adaptly Nonprofit Solutions Inc.) Wabanaki Council on Disability