Q1: Why is it important for Newfoundland and Labrador to have accessibility legislation?
- The Government of Newfoundland and Labrador is strongly committed to creating a more accessible and inclusive province to ensure equitable access to services and opportunities for people with disabilities.
- When we as a province improve accessibility and inclusion, all persons in Newfoundland and Labrador benefit. This ultimately leads to everyone being able to fully participate in society.
- Nearly one in four Newfoundlanders and Labradorians is disabled by barriers. These barriers can be physical, attitudinal, systemic, or technological. It is extremely important to remove barriers as it helps to make the province more inclusive and accessible, which benefits everyone.
- It helps improve a person’s health and well-being when they can fully participate in their community, and communities and businesses benefit from this engagement.
- In order for government to make rules about accessibility that apply across the province, a law or Act has to pass to give government the authority to set those rules. The Accessibility Act was passed and received Royal Assent on November 4, 2021, and is now law (December 3, 2021).
Q2: Why is the Accessibility Act needed when other Human Rights protections already exist?
The Accessibility Act embraces principles from the UN Convention on the Rights of Persons with Disabilities, Canadian Charter of Rights and Freedoms, the Commonwealth Parliamentarians with Disabilities Network, Canadian Human Rights Act and NL Human Rights Act.
With the new Accessibility Act, actions to promote and protect the rights of persons with disabilities will be more effectively encouraged and enforced.
Q3: Why is the Accessibility Act needed when the Federal Government recently approved the Accessible Canada Act?
The Federal, Provincial, and Territorial Governments have different roles for providing programs and services. Some areas are specifically under one level of government authority while others overlap.
The Federal Government’s Accessible Canada Act applies broadly to organizations under federal responsibility. Some examples of federal responsibility are:
- Airports
- Ferries
- Telecommunications
- Justice and human rights
- Banks
- Postal services
- Elections Canada
Meanwhile, the Government of Newfoundland and Labrador has jurisdiction over many areas including:
- Health care
- Education
- Municipal and provincial transportation
- Guardianship
- Property rights
- Built environment
People face accessibility barriers in all of these areas. Newfoundland and Labrador’s new Accessibility Act will prevent and remove barriers in areas that fall under the province’s responsibility.
Q4: How will the Accessibility Act work?
Under the Accessibility Act:
- A stated goal in the legislation may be removing barriers to service delivery and communication;
- In this case, a regulation establishing a standard may be developed for service delivery and breaking down barriers to communication.
- Once a standard is developed, policies, procedures and programming changes may be made to comply with the standard.
- The standard would outline various requirements around service delivery that address cross-disability barriers including making public events accessible.
- These regulations and standards would then be enforced, monitored and evaluated over time to assess progress towards barrier removal.
The legislation automatically change how supports, services, policies and programming work. It is a first step in the process.
Q5: Who must comply with accessibility standards?
Accessibility standards will have rules on who must obey the standards. It will outline the persons and organizations that must follow the measures, policies, practices or other requirements. The standards will outline the time period to identify, prevent and remove barriers. Different types and sizes of organizations may have different requirements and timelines. It may take into account the type of barriers being addressed and any technical or economic factors that may be involved in its implementation.
Q6: Why is this “enabling legislation”?
The Accessibility Act is an enabling legislation in that it allows for further development of associated regulations and policies rather than prescribing specific requirements in legislation. An enabling legislation provides a broad focus on areas of authority that the government can act on in the future.
Q7: What other provinces have accessibility legislation?
With the new Accessibility Act, Newfoundland and Labrador joins five other provinces: British Columbia, Nova Scotia, Ontario, Manitoba and Quebec, as well as the Federal Government.
Q8: What definition of disability is being used?
Disability includes physical, mental, intellectual, cognitive, learning communication or sensory impairment or a functional limitation that is permanent, temporary or episodic in nature that, in interaction with a barrier, prevents a person from fully participating in society.
Q9: What are accessibility standards?
Accessibility standards are the building blocks used to make real, measureable changes to accessibility. Individuals with lived experience and expertise, community organizations, the business and tourism sectors and/or municipalities representing the interests of all Newfoundlanders and Labradorians will all provide input on the development of standards.
Accessibility standards will establish clear, specific and achievable goals to identify, prevent and remove barriers. Each standard will be introduced in stages with a timeframe for implementation. The standards and timelines would consider all sectors such as government, business, municipalities and community organizations.
As standards are introduced and regulations become law, education, tools and other resources will be provided to organizations to help understand and comply with the standards.
Q10: How were areas for standard development determined?
The areas for standard development were determined by significant accessible and inclusive public consultations with:
- Persons with disabilities and representatives of organizations of and for persons with disabilities,
- Provincial Advisory Council for the Inclusion of Persons with Disabilities,
- Both an ADM and interdepartmental working groups,
- Business and Tourism Sectors,
- Indigenous groups, and
- Public.
Q11: What are the areas for standard development?
Standards will focus on nine key areas:
- Design and delivery of programs and services,
- Built environment; includes facilities, building and premises as well as public transportation and transportation infrastructure,
- Information and communication,
- Procurement of goods and services, and facilities,
- Accommodations,
- Education,
- Health,
- Employment, and
- An activity or undertaking prescribed in the regulations.
Q12: Who will be responsible for the Act?
For the purpose of achieving accessibility, the Minister Responsible for the Status of Persons with Disabilities will be required to:
- raise awareness of how barriers impact persons with disabilities;
- promote and encourage the prevention, identification, and removal of barriers;
- oversee the development and implementation of accessibility standards;
- provide information to assist individuals, organizations and public bodies to integrate applicable accessibility standards into activities and undertakings;
- ensure individuals, organizations and public bodies that may be subject to an accessibility standard are consulted in the development of standards; and
- prepare an annual report and make the report publically available.
The Disability Policy office will be required to:
- support the implementation and administration of this Act and the regulations;
- provide policy and communication support for this Act;
- support other departments to develop and implement public awareness on the purpose of the Act;
- examine and review measures, policies, practices and other requirements to improve opportunities for persons with disabilities;
- identify and study issues of concern for persons with disabilities; and
- provide administrative support to the Accessibility Standards Advisory Board.
Q13: Who will oversee the development of accessibility standards?
An Accessibility Standards Advisory Board will be established to advise and make recommendations regarding the development of priorities for the establishment of accessibility standards, the content of accessibility standards and the time periods for implementation of standards.
Following the principle of “nothing about us, without us,” at least half of the members of the Accessibility Standards Advisory Board will be either persons with disabilities, or representatives of and for persons with disabilities as well as at least one Indigenous person.
Q14: Why are you including American Sign Language and Indigenous Sign Language in this accessibility legislation?
American Sign Language and Indigenous Sign Languages are separate and distinct from the English language. These sign languages contain all of the fundamentals of its own language, with its own rules for pronunciation, word formation, and word order.
Newfoundland and Labrador is following British Columbia and the Federal Government in identifying these truly unique and beautiful languages for accessibility and inclusion.
Q15: Why is there such a detailed compliance and enforcement framework?
During the process of consultations the community of and for persons with disabilities, strongly voiced the need for this legislation to have authority. As a result, the legislation includes the provision of appointing a Director of Compliance and Enforcement, to carry out the duties and exercise the powers of the Act.
The compliance and enforcement framework of this legislation is similar to that of other provinces that have accessibility legislation. This accessibility legislation also prioritizes a strong emphasis on education and awareness.
The new Accessibility Act is also very clear in its direction to:
- raise awareness of how barriers impact persons with disabilities;
- promote and encourage the prevention, identification and removal of barriers;
- oversee the development and implementation of the accessibility standards necessary to attain the purpose of the Act;
- provide information to assist individuals, organizations and public bodies to integrate applicable standards into activities and undertakings; and
- ensure that individuals, organizations and public bodies that may be made subject to accessibility standards are consulted in the development of accessibility standards.
Q16: Could putting accessibility regulation on other regulations inhibit the growth of businesses in the province?
The consultation process for this accessibility legislation included representatives from the business and tourism sectors.
It is widely accepted that health is the greatest social capital a nation can have. An accessible and inclusive Newfoundland and Labrador means healthier people and a greater positive social and economic impact.
Increased employment also means more tax revenue and less dependency on social programs and services.
Accessibility can contribute to the economy through growth in tourism as people seek accessible locations for travel. A prime local example is the pedestrian mall in St. John’s. In response to concerns expressed by persons within the disability community about the inaccessibility of the pedestrian mall, many businesses made improvements to the accessibility of their service. This is indicative that an accessible venue can make businesses more competitive.
The Government of Newfoundland and Labrador recognizes the efficiencies and value in supporting citizens to age in place. This involves offering the right services at a community level at the right time in the right place and can only be achieved if communities are designed to be accessible and inclusive.
This pandemic has also shown that the usage of accessible and different technologies is a way of the future. Technology has enabled persons with disabilities of all ages to partake in activities as never before. Communities, businesses, and government will continue to learn and expand to make this province more inclusive and accessible to all.
The accessibility legislation will ensure that individuals, organizations and public bodies that may be subject to accessibility standards are consulted in the development of accessibility standards. Timelines for implementation of these standards will also be considered to provide everyone the opportunity to get it right.
Q17: Why does the province’s accessibility legislation not have a date for ‘full accessibility’ such as the Federal Government’s Accessible Canada Act of 2040?
As technology, culture and society changes, the identification, prevention and removal of barriers may change as well. The goal is to have full inclusion and accessibility for all. As a result, this legislation has clearly outlined a statutory review of not more than five years.