HUMA Committee briefing binder: Appearance by the Minister of Diversity, Inclusion and Persons with Disabilities (DIPD) - December 12, 2024

Overview

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) has invited you, accompanied by officials, to appear before the Committee to discuss 2 topics, over 2 panels at the same meeting. The first of these topics concerns their study on the progress made towards the goal of a Canada without barriers by 2040. The second regards the motion adopted on September 17, 2024, when it was agreed: That the committee invite Ministers of Employment, Workforce Development and Official Languages, Housing, Infrastructure and Communities, Diversity, Inclusion and Persons with Disabilities, Labour and Seniors, Families, Children and Social Development, and Citizens' Services to appear separately before the committee for no less than 2 hours each, within 28 days of the adoption of this motion, in relation to Supplementary Estimates (B) and their priorities for the return of parliament and their mandates.

Committee proceedings

The appearance is scheduled for Thursday, December 12, 2024, from 11:00 am to 1:00 pm. The Chair of the Committee, Robert J. Morrissey (Egmont, LPC), will preside over the meeting. There will 5 minutes for the delivery of opening remarks for each panel.

The following ESDC officials will be on the panel with you:

• Tina Namiesniowski, Senior Associate Deputy Minister
• Elisha Ram, Senior Assistant Deputy Minister, Income Security and Social Development
• Saajida Deen, Director General, Employment Program Policy and Design
• Karen Hall, Associate Assistant Deputy Minister, Income Security and Social Development (second panel only)

You have no outstanding follow up written responses due to the Committee.

You have the following outstanding correspondence to HUMA members/critics:

• Bonita Zarrillo - July 10, 2024 Letter addressed to the Minister of Disability, Inclusion and Persons with Disabilities regarding Support for people with disabilities
• Bonita Zarrillo - October 16, 2024 Letter addressed to the Minister of Disability, Inclusion and Persons with Disabilities regarding financial support for entrepreneurs with disabilities (Opportunity's Funds for Persons with Disabilities)

HUMA has agreed that questioning of witnesses would be allocated as follows.

• In round 1, there are 6 minutes for each party in the following order:
  • Conservative Party
  • Liberal Party
  • Bloc Québécois
  • New Democratic Party
• For the second and subsequent rounds, the order and time for questioning is as follows:
  • Conservative Party, 5 minutes
  • Liberal Party, 5 minutes
  • Bloc Québécois, 2 and a half minutes
  • New Democratic Party, 2 and a half minutes
  • Conservative Party, 5 minutes
  • Liberal Party, 5 minutes

Parliamentary environment

Issue

Progress on the implementation of the Canada Disability Benefit.

Background

• The Canada Disability Benefit Act received Royal Assent on June 22, 2023
• The Act establishes the framework for the Canada Disability Benefit, with key details of the benefit to be addressed in regulations. The design of the benefit was ratified by Cabinet in May 2023 and, in Budget 2024, the Government committed to provide funding of $6.1 billion over 6 years, beginning in 2024 to 2025, and $1.4 billion per year ongoing. The Government also committed to start payment of the benefit in July 2025, following the successful engagement of the disability community and completion of the regulatory process
• On June 29, 2024, the Government published the proposed Canada Disability Benefit Regulations in Part Ⅰ of the Canada Gazette for public comment; the comment period closed on September 23, 2024. In total, the Government received 9,632 comments on the proposed Canada Disability Benefit Regulations from 7,814 commenters, including 82 organizations

Key facts

• Budget 2024 proposed funding for the Canada Disability Benefit of $6.1 billion over 6 years, beginning in 2024 to 2025, and $1.4 billion per year ongoing, including costs to deliver the benefit. It also announced that the Government plans to begin paying the benefit to eligible Canadians starting in July 2025
• The Canada Disability Benefit Act came into force on June 22, 2024. The Act also requires that, within 12 months of coming into force, the Governor in Council make the regulations necessary to enable the benefit to be paid. In addition, the Act requires the Government report to Parliament 6 months following coming into force on how the disability community has been engaged in the regulatory process, and 12 months following coming into force on progress made in the regulatory process
• Building on engagement activities that took place in 2021 and 2022, in summer 2023 the Government launched a 2-phase engagement process to inform the development of the regulations and the implementation of the benefit. Phase 1, which went from November 2023 to February 2024, featured ministerial and technical roundtables, bilateral meetings, as well as an online survey; over the course of Phase 1, over 5,000 pieces of input were received. Phase 2 began with the publication of the proposed regulations in Part Ⅰ of the Canada Gazette for public comment on June 29, 2024; when the consultation closed on September 23, 2024, the Government had received 9,632 comments from 7,814 commenters. The Government will consider the feedback received before publishing the finalized regulations in Part Ⅱ of the Canada Gazette; it is anticipated this will take place in early 2025, prior to the launch of the benefit

Key messages

• The government's landmark legislation, the Canada Disability Benefit Act, created the legal framework for a direct benefit for low-income working age persons with disabilities. The Government is very aware of the fact that many Canadians with disabilities are in need of the additional financial support that this benefit will provide
• Budget 2024 is making the benefit a reality by committing to fund the benefit with $6.1 billion over 6 years, beginning in 2024 to 2025, and $1.4 billion per year ongoing
• The benefit will be available to eligible low-income persons with disabilities between the ages of 18 and 64 who have a valid Disability Tax Credit certificate. The maximum amount of the benefit when it launches will be $2,400 a year. The Government intends to begin payment of the benefit in July 2025
• Shortly after Royal Assent, the Government launched a 2-phase engagement process to inform the development of benefit regulations. The first phase, which featured roundtables, and online engagement tool and bilateral meetings with stakeholders, was competed in early 2024. The second phase started with the pre-publication of the proposed benefit regulations in the Canada Gazette on June 29, 2024. When the consultation closed on September 23, 2024, the Government had received 9,632 comments from 7,814 commenters
• The Government is now considering the feedback received before finalizing the regulations. It is anticipated that the finalized regulations will be published in Part Ⅱ of the Canada Gazette in early 2025, prior to the launch of the benefit

Issue

Progress on the implementation of the Accessible Canada Act (ACA).

Background

The ACA came into force in 2019 and has the overarching goal of realizing a barrier-free Canada by 2040.

Through a proactive and systemic approach, the ACA helps to identify, remove, and prevent barriers to accessibility in 7 priority areas within the federal jurisdiction including:

• employment
• the built environment
• information and communication technologies (ICT)
• communication other than ICT
• the procurement of goods, services and facilities
• the design and delivery of programs and services
• transportation

Authorities for making regulations under the ACA are shared across several government entities, including:

• the Canadian Radio-television and Telecommunications Commission (CRTC) is responsible for regulatory oversight of the telecommunication and broadcasting sector
• the Canadian Transportation Agency (CTA) is responsible for regulatory oversight of national transportation system
• Employment and Social Development Canada, acting on behalf of the Governor in Council, has the authority to make regulations in all other areas not covered by the CRTC or the CTA

Key facts

Implementation of the ACA is well underway.

2 new roles and 1 new organization were established under the ACA:

• accessibility Standards Canada (ASC) was established in 2019 with a mandate to develop national accessibility standards. The Chief Executive Officer and first Board of Directors of ASC were appointed in 2019 and in 2024, new appointments were made to the Board, including a new Chair and Vice-Chair
• in May 2022, the Government appointed Canada's first Chief Accessibility Officer and Canada's first Accessibility Commissioner
• both the Chief Accessibility Officer and the Accessibility Commissioner have published their first annual reports

The Accessible Canada Regulations (ACR), which operationalize the planning and reporting requirements of the ACA, came into force in December 2021.

The Department is developing new regulations on accessible information and communication technologies. Extensive engagement with the disability community, federally regulated entities and other stakeholders was carried out in fall 2022 to inform the development of regulations, and a 'What We Heard' report summarizing stakeholders' views was published in summer 2023.

To date, ASC has established 11 technical committees that are actively developing standards to remove barriers in several different priority areas. Compliance with standards developed by ASC is voluntary unless they are adopted into regulations.

Measuring progress in the removal of barriers is an important aspect of the implementation of the ACA. In 2022, the Government of Canada published the Federal Data and Measurement Strategy for Accessibility. The Strategy sets out key areas of work that aim to provide Canadians with information and long-term data on progress made to remove barriers to accessibility. In August 2023, the Department published the first set of indicators that will be used to guide accessibility data collection going forward. A second set of indicators is currently in development.

In June 2021, the Department launched the Accessibility Data Hub, a collaborative initiative hosted on Statistics Canada's website to share data on accessibility with the Canadian public. The Hub was updated in May 2024 to better align available data with the 7 priority areas set out in the ACA. New data related to barriers faced in the areas of employment, information and communication technologies and transportation was also added along with a data visualization tool that showcases the incidence of certain barriers by province/territory, disability type and severity of disability.

The Government continues to invest in raising awareness about accessibility and the goal of realizing a barrier-free Canada by 2040. In May 2022, it established the annual Canadian Congress on Disability Inclusion to launch National AccessAbility Week (NAAW) and to support the exchange of ideas and insights to help shape and advance accessible and inclusively designed communities and workplaces across Canada.

Since 2019, the Accessible Canada Fund has provided $2.7M in annual funding to support the disability community. This includes funding projects to increase capacity and enhance leadership within the disability stakeholder community, raise awareness of the ACA, change attitudes and behaviours and mobilize knowledge to advance accessibility and inclusion. In May 2024, the Department launched a new call for proposals under the NAAW stream of the Fund, which will provide up to $2 million over 2 years to support projects aimed at improving knowledge and understanding of accessibility barriers. Over 3 hundred applications were received.

Budget 2022 provided $5.5M under the Opportunities Fund for Persons with Disabilities to fund projects enhancing professional sign language interpretation capacity. The second of a 2-step call for proposals closed in February 2024. Funding agreements for successful applicants are expected to be finalised in fall 2024.

In the 2023 United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, the Government committed to helping ensure that the implementation of the ACA with respect to First Nations band councils is culturally appropriate and that First Nations are supported in advancing accessibility at the community level.

The Department has launched national engagement on a draft Accessible Canada Roadmap. The objective of the engagement is to spark a national conversation on the collective effort needed by accessibility change agents to achieve the goal of a barrier-free Canada as set out in the ACA.

Key messages

The Government of Canada is committed to advancing accessibility and disability inclusion.

Realizing a barrier-free Canada requires action by all levels of government and by all Canadians. The reality is that advancing accessibility benefits everyone.

To strengthen this commitment, the Government introduced the landmark Accessible Canada Act in 2019 with the goal of creating a barrier-free Canada by January 1, 2040. It stands as one of the most significant achievements ever for disability rights in Canada.

With its focus on identifying, removing and preventing barriers, the Act is paving the way for the widespread adoption of an inclusive culture across Canada. One that focuses on consideration of accessibility from the outset rather than as an afterthought.

We know that we cannot achieve the goal of the Act in isolation. That is why we are launching national engagement on a draft Accessible Canada Roadmap – the objective is to spark a national discussion on the vision for a barrier-free Canada, one that will help guide coherent and complementary efforts by accessibility stakeholders and change agents to advance accessibility across Canada.

Progress on Accessibility Regulations

1. Why hasn't the Government made faster progress in developing regulations under the Accessible Canada Act?

Since the coming into force of the Accessible Canada Act, we have made strong progress on the regulatory front by putting into place 3 sets of regulations that operationalize the planning and reporting requirements set out in the Accessible Canada Act.

These planning and reporting regulations were developed by Canadian Transportation Agency (CTA), Canadian Radio-television and Telecommunication Commission (CRTC) and Employment and Social Development Canada (ESDC) and published in 2021.

But to achieve a barrier free Canada by 2040, we want to make sure that regulated organizations don't simply meet but exceed regulatory requirements. After the publication of the 3 sets of accessibility planning and reporting regulations, we published a suite of regulatory guidance to help regulated organizations use best practices to go beyond the regulatory requirements.

Concurrently, ESDC has been working on new proposed digital accessibility regulations that will be published for consultation shortly.

It's important to keep in mind that developing new regulations, particularly those that impact businesses, is a rigorous process that must take numerous considerations into account.

First and foremost, in accordance with the principle of "nothing without us", we have an obligation to consult persons with disabilities on any new policy, program or initiative that could affect them, and this includes developing regulations.

In addition, any new regulations must balance outcomes with burden on regulated organizations and businesses so that the impacted entities have the capacity to comply with new requirements.

It takes time to develop regulatory requirements that are both meaningful and achievable, and for this work to succeed, it cannot be rushed.

The impact of the ACA is going to grow over time as more and more regulations will be put into place.

2. Why are there 3 set of accessibility planning and reporting regulations?

The Accessible Canada Act uses a sectoral approach that builds upon the existing accessibility mandates and expertise of the Canadian Transportation Agency (CTA) and Canadian Radio-television and Telecommunications Commission (CRTC).

Under the Act's sectoral approach, the CTA and CRTC continue to oversee and regulate accessibility within their existing jurisdictions, and ESDC is responsible for regulating accessibility for all areas under federal jurisdiction that aren't the responsibility of the CTA or CRTC.

That's why ESDC, the CTA and CRTC each have their own planning and reporting regulations under the ACA.

That said, these regulations were designed to align with each other so that regulated entities, if they like, would only need to produce one set of planning and reporting documents for all 3 regulators.

3. What is a standards based regulation?

Standards-based regulations are regulations that require regulated organizations to ensure that one or more aspects of their operations conforms with a recognized standard.

For example, a standards-based regulation focusing on digital accessibility could require an organization to ensure that its website and mobile applications conform with a specific digital accessibility standard, such as the Web Content Accessibility Guidelines.

New Regulations on Digital Technologies (Information and Communication Technologies: ICT)

1. Why was ICT chosen to be the next topic for regulation under the Accessible Canada Act?

ICT or digital technologies are a priority area under the Accessible Canada Act.

Digital technologies are a significant part of people's daily lives. For example, people now regularly use digital technology to manage their finances and to access government programs and benefits.

They are also an important gateway to employment. Ensuring accessibility of digital technologies is crucial to eliminating barriers for job seekers and employees, supporting their career advancement, and enabling barrier-free work, particularly in remote or hybrid environments.

In addition, the field of digital technology is strongly supported by well-established international standards like the Web Content Accessibility Guidelines (WCAG) and European Standard (EN 301 549). Further Accessibility Standards Canada has recently adopted the European Standard for Canada.

Advancing accessibility of digital technologies in federal sectors complements existing digital accessibility efforts in other jurisdictions like Ontario, Quebec and Manitoba.

It also aligns with approaches taken by Canada's strategic partners in the US and in Europe.

Given the scope of regulations under the Accessible Canada Regulations that impacts both federal sector organizations and private sector organizations, developing digital accessibility regulations will position Canada among international leaders in this regard because unlike Canada, accessible digital technology regulations in some partner countries such as the US only impacts federal organizations.

2. When will the new accessible digital technologies regulations be published for comment?

Employment and Social Development Canada has worked diligently on the accessible digital technologies regulations over the past year.

This includes extensive consultations, over 18 months, with persons with disabilities, federal organizations, private sector businesses and organizations and IT vendors to ensure that new regulations will reflect the needs of persons with disabilities, and that implicated businesses will have the knowledge and capacity to conform with regulatory requirements.

We are working to advance these regulations as quickly as possible.

As soon as the draft regulations are published, ESDC will host a series of technical briefings that will explain the proposed regulations in non-technical language to help the disability community, regulated organizations and Indigenous peoples participate in the regulatory consultation process.

3. Will the ICT regulations make use of the digital accessibility standard that was recent adopted by Accessibility Standards Canada?

The content of the draft regulations is a matter of Cabinet confidence.

However, when it comes to advancing accessibility and implementing the Accessible Canada Act, whether through regulations or other levers, ESDC makes every effort to ensure that there is a coherent approach to minimize the impact on persons with disabilities and other stakeholders.

Compliance Promotion and Enforcement of Accessible Canada Act (ACA) and its Regulations

1. What are the responsibilities of the Accessibility Commissioner?

The Accessibility Commissioner is responsible for enforcing the ACA and the Accessible Canada Regulations.

The Accessibility Commissioner also deals with certain accessibility complaints. An individual may file a complaint with the Accessibility Commissioner if they have suffered physical or psychological harm, property damage or economic loss as a result of a contravention of the Regulations by a regulated entity.

2. Who does the Accessibility commissioner report to?

The Accessibility Commissioner is appointed by the Minister of Justice and is a member of the Canadian Human Rights Commission, which operates independently from the Government.

Under the Accessible Canada Act, the Accessibility Commissioner is required to submit an annual report summarizing their activities related to the administration and enforcement of the ACA to the Minister of Diversity, Inclusion and Persons with Disabilities.

A copy of the report is also sent to the Minister of Justice as well.

The Minister of Diversity, Inclusion and Persons with Disabilities is required to table the report in both houses of Parliament.

3. What efforts have been made to ensure that regulated entities understand their obligations under the Accessible Canada Regulations?

Concurrent with the publication of the Accessible Canada Regulations in 2021, ESDC has developed a range of guidance documents aimed at supporting regulated entities in meeting regulatory requirements.

In total, there are 8 separate guidance documents for regulated entities that cover everything from how to prepare plans and reports in simple, clear and concise language, how to consult persons with disabilities, the content that should be included in an accessibility plan, etc.

The Office of the Accessibility Commissioner has also published complementary guidance and templates on accessibility plans, feedback processes and progress reports.

In addition to the development of guidance materials, the Accessibility Commissioner has issued letters to all private sector regulated organizations informing them of their obligations and deadlines and referred them to existing guidance and tools.

Finally, the Accessibility Commissioner and the Office of the Accessibility Commissioner have participated in approximately 150 meetings with federally regulated organizations, disability community representatives and organizations and other government agencies who have responsibilities under the ACA to conduct outreach activities, raise awareness, build relationships and gather information.

4. What is the rate of compliance with the ACRs?

Government organizations

As noted in the Accessibility Commissioner's 2023 Annual Report, there was a very high compliance rate for requirements associated with notification, publication, and web content accessibility.

Large private organizations (100 or more employees)

The compliance rate of large private sector organizations was initially low following the June 1, 2023 deadline. Only 22% of large private sector organizations had notified the Accessibility Commissioner of the publication of their initial accessibility plan and feedback process description by the deadline.

To help address the low compliance rate of these organizations, cautionary letters were sent out to inform them of their obligations.

There has been a steady increase in the number of notifications from approximately 20% (as of June 1, 2023), to approximately 40% (as of March 31, 2024).

The CHRC has continued to work to ensure that entities are aware of their regulatory requirements and to increase compliance rates.

5. [IF PRESSED] What are the latest compliance rates for the federal government or the private sector?

The CHRC continues to work to ensure that entities are aware of their regulatory requirements and that compliance rates are increasing.

Questions related to compliance rate should be directed to the Office of the Accessibility Commissioner, as they would be best placed to provide the most up to date information about compliance.

6. [IF PRESSED] Are compliance and enforcement still happening given that the Accessibility Commissioner is currently on leave?

Employees in the Office of the Accessibility Commissioner have delegated authorities under the Accessible Canada Act, which allow them to continue to carry out their work.

This includes checking that regulated organizations are meeting their obligations under the Accessible Canada Act.

Complaints

1. Who can file a complaint under the Accessible Canada Act?

Anyone can file a complaint if they have experienced physical or psychological harm, property damage or financial loss, or were otherwise adversely affected by a regulated entity not complying with a regulation made under the Accessible Canada Act.

2. How are the accessibility complaints handled?

The Accessible Canada Act has a "no wrong door" approach for dealing with complaints. This means that no matter where an accessibility complaint is lodged, it will be sent to the right department for action.

Once the right department has received the complaint, they will investigate it according to their own processes.

More specifically, the Canadian Transportation Agency deals with complaints related to accessibility in the federal transportation network, including airlines as well as rail, road and marine transportation providers that cross provincial or international borders.

The Canadian Radio-television and Telecommunications Commission deals with complaints related to accessibility in the broadcasting and telecommunications sectors.

The Federal Public Service Labour Relations Board deals with complaints related to accessibility within the federal public service.

The Office of the Accessibility Commissioner deals with complaints in all other sectors under federal responsibility, for example, banking and grain elevators, as well as all complaints arising from a regulated organization's non-compliance with the Accessible Canada Regulations.

Additionally, the Canadian Human Rights Commission's Complaints Services Branch deals with complaints regarding discrimination and harassment per the Canadian Human Rights Act

However, because we have established a "no wrong door" approach, accessibility complaints will be sent to the appropriate organization.

3. [IF PRESSED] Have any complaints been filed to date, and if so, what have been the outcomes?

To my knowledge, no complaints of this nature have been filed and substantiated to date.

This could be because the only regulations under the Accessible Canada Act currently in force relate to planning and reporting; complaints would have to be about organizations failing to follow the regulatory requirements pertaining to the publication of accessibility plans, progress reports or the development of feedback processes.

The Office of the Accessibility Commissioner is responsible for information related to complaints.

Accessibility Standards Development

1. How does Accessibility Standards Canada (ASC) develop accessibility standards?

Each standard is developed by a technical committee that ASC creates and supports.

Technical committees are comprised of volunteers.

At least 30% of members are persons with disabilities. Technical committees also include experts and industry representatives.

2. Who determines what standards ASC should develop?

ASC has a Board of directors that is responsible for overseeing its activities. This includes providing direction on which standards will be developed.

Most directors are persons with disabilities, and the Board reflects the diversity of Canadian society.

3. What progress has ASC made to date in developing accessibility standards?

ASC has recently moved to adopt the European harmonized standard on Information and Communication Technology (ICT) for use in Canada.

ASC has released several draft standards for public comments, including a key standard on accessible employment, part of which is set to be finalized in the coming months.

Other draft standards on emergency measures, outdoor spaces, the built environment, and plain language have been published for comment.

Over a dozen other technical committees are tackling a variety of important new topics including the design and delivery of accessible programs and services, equitable use of artificial intelligence, accessible tourism, and emergency egress.

ASC also funds diverse research projects to inform the development of accessibility standards.

ASC shares information about its work with provincial and territorial partners on a regular basis and has signed agreements with 6 provinces to foster information-sharing and the potential harmonization of standards. These includes agreements with Manitoba, Saskatchewan, Nova Scotia, Alberta, British Columbia and Ontario.

Standards versus Regulations

1. Is compliance with ASC standards mandatory?

No. Compliance with standards, including those developed by ASC, is voluntary unless a standard is made into a regulation.

2. Are all standards developed by ASC turned into regulations?

No, ASC standards do not automatically become regulations.

ASC may submit their newly developed standards to the Minister of Diversity, Inclusion and Persons with Disabilities for consideration to be made into a regulation, but this is not automatic.

Employment and Social Development Canada provides advice to the Minister regarding whether a standard should be adopted into a regulation, taking into account a range of evidence-based considerations, including the scope of impact on persons with disabilities as well as regulated organizations.

3. What happens if the Minister decides that a standard should be adopted into regulation?

Should the Minister decide to adopt a standard into regulation, ESDC has to follow the standard regulatory development process.

This includes regulatory engagement with all implicated stakeholders, including persons with disabilities, regulated organizations in federal and private sectors, drafting proposed requirements, publication of proposed requirements in Canada Gazette Part Ⅰ for consultation with Canadians, incorporation of feedback into proposed requirements, and publication of the final regulations in Canada Gazette Part Ⅱ.

4. What happens when a standard is adopted into regulation?

The main impact is that compliance with the standard becomes mandatory for all federally regulated organizations.

This means that not only does the whole public service have to comply, but so do Crown corporations and the federally regulated private sector, like banks, some museums, and some transportation service providers.

Because the impact can be very broad, ESDC carefully evaluates all standards to determine which ones are appropriate to become mandatory.

5. If ASC standards remain voluntary, howe do they support progress towards a barrier-free Canada?

ASC standards are available free of charge, in both official languages, and can be adopted by any organization in Canada.

Standards can provide flexibility and additional tools that are useful to those who can and want to go beyond what may be required in their jurisdiction.

They provide clear guidance and information to everyone in Canada, and even abroad, on the very best practices.

They can serve as a catalyst for change and raise awareness about accessibility issues. As such, voluntary standards play an important role in removing barriers.

Voluntary adoption of standards by organizations also helps with developing the evidence base on effectiveness and costs and benefits that is required for regulatory development.

6. How is ASC working with provinces and territories to work towards common requirements?

ASC shares information about its work with provincial and territorial partners on a regular basis. This opens the door to opportunities to collaborate.

To date, ASC has signed agreements with 6 provinces to foster information-sharing and the potential harmonization of standards, including agreements with Manitoba, Saskatchewan, Nova Scotia, Alberta, British Columbia and Ontario.

All Canadians benefit when requirements across the country are the same.

Canada's Chief Accessibility Officer (CAO)

1. Does the Minister direct the work of the CAO?

The mandate of the CAO is outlined in the Accessible Canada Act, that is to provide the Minister of Diversity, Inclusion and Persons with Disabilities with independent advice on progress made in implementing the Accessible Canada Act, and on emerging or systemic accessibility issues.

In doing their work, the CAO can consult and/or collaborate with a wide range of partners and stakeholders including the disability community.

2. Is the position of the CAO mandatory under the Accessible Canada Act?

No, under the Accessible Canada Act, the Minister responsible for the Act may appoint a CAO.

3. How often does the CAO publish a report?

The CAO must submit a report to the Minister of Diversity, Inclusion and Persons with Disabilities on an annual basis.

The report has to summarize outcomes achieved the ACA and can speak to any systemic or emerging accessibility issues.

The Minister is required to table the report in both houses of Parliament.

The Minister can also request the CAO to prepare a special report on systemic or emerging accessibility issues.

4. Does the Minister have to act on recommendations made by the CAO?

The CAO acts as advisor to the Minister of Diversity, Inclusion and Persons with Disabilities. The CAO reports aim to inform the Minister.

Mandatory Training on Accessibility

1. Should accessibility training for federally regulated entities be mandatory?

Training is certainly important as it is a key tool for raising awareness about and addressing the attitudinal barriers that persons with disabilities face in workplaces and communities.

It also plays a key role in developing expertise and knowledge, and in building capacity, within regulated organizations so that their employees are better equipped to provide services, products and programs to their customers and clients with disabilities.

Training is just one example of how aligning our efforts can help us realize the goal of a barrier-free Canada more effectively.

United States Access Board / Centre of Excellence on Accessibility

1. Should Canada establish a Centre of Excellence as proposed by the CAO, Stephanie Cadieux? (modelled on the United States Access Board)

The Government has already created several new roles and organizations dedicated to advancing accessibility and the implementation of the Accessible Canada Act:

• for example, the Accessible Canada Directorate in ESDC is the overall focal point for the implementation of the Act
• the organization is responsible for developing regulations under the Act, developing new programs that support the implementation of the Act and supporting the disability community to build capacity and partnerships that mobilize knowledge to advance accessibility and disability inclusion
• in addition, the Office of Public Service Accessibility within the Treasury Board Secretariat supports departments and agencies in complying with the Act and serves as the focal point for making the Government of Canada the most accessible public service in the world
• Accessibility Standards Canada has created a research program that provides funding to organizations all over Canada to generate research that informs standards development

Beyond these new structures, and within its sectoral approach, the Accessible Canada Act has maintained already existing organizations responsible for accessibility such as those in Canadian Transportation Agency.

Together, these organizations and roles create a strong system of advancing accessibility that goes far beyond the focus of the U.S. Access Board.

2. The US Access Board plays a key role in providing trusted accessibility information to the public. How does the Government of Canada currently share information on accessibility with Canadians?

Accurate information on accessibility is key to realizing a barrier-free Canada.

This is why ESDC published the Federal Data and Measurement Strategy for Accessibility in 2022. Since the Strategy was published, ESDC has worked to establish performance indicators that support measuring progress in the identification and removal of barriers to accessibility over time.

ESDC also collaborates with Statistics Canada and other federal partners to collect, analyze and share accessibility data to support evidence-based decision-making.

One of our main data collection tools is the Canadian Survey on Disabilities which has been run every 5 years since 2017. In 2022, the survey questionnaire included a new module featuring questions about certain barriers to accessibility. Data extracted from responses to these questions is currently being analyzed and will be released in the form of 4 reports to be published over the next year.

Together with Statistics Canada, ESDC has also created an Accessibility Statistics Hub, a webpage where any member of the public can access data on accessibility.

ESDC also maintains a webpage on www.canada.ca that provides information and links to related pages explaining what the federal government is doing to advance accessibility.

Increasing Awareness of Accessibility and Addressing Attitudinal Barriers

1. What has the Government of Canada done to increase awareness of accessibility?

National AccessAbility Week (NAAW) is a legislated milestone in the Accessible Canada Act that occurs every year starting on the last Sunday in May.

The purpose of NAAW is to celebrate the valuable contributions of Canadians with disabilities and the efforts of individuals, communities and workplaces that are actively working to remove barriers to accessibility and disability inclusion.

This annual milestone is key in addressing attitudinal barriers that continue to exist in workplaces and communities.

In 2022, ESDC established the annual Canadian Congress on Disability Inclusion to raise awareness and create momentum for NAAW celebrations and action on accessibility and inclusion.

The purpose is to bring together thought leaders and innovators from the disability community, business, academia, and other sectors so that they share information, insights, and best practices to help shape accessible and inclusive communities and workplaces across Canada.

The NAAW stream of the Accessible Canada fund also provides funding to projects that support NAAW celebrations and awareness raising activities in communities and workplaces across Canada.

2. What is the reach of these NAAW activities?

The annual Canadian Congress on Disability Inclusion is a virtual, accessible, and inclusive event. It is free and open to the public.

Since its inception in 2022, CCDI has reached over 11,000 registered participants from across Canada and beyond.

In 2024, ESDC created a dedicated page for CCDI on Canada.ca for anyone to access transcripts and recordings for continued learning.

This is in addition to the important work community organizations are leading, partly with support they receive from the Accessible Canada Fund, to raise awareness of accessibility and disability inclusion in all provinces and territories across Canada.

3. How does NAAW contribute to the culture change objectives of the Accessible Canada Act?

Both NAAW celebrations and the annual Canadian Congress on Disability Inclusion contribute to the culture change objectives of the ACA by amplifying the voices, experiences and progress made by persons with disabilities in removing barriers.

More specifically, NAAW and CCDI programming aim to shift the culture from "accessibility as an afterthought" to "inclusion from the start".

Funding to Support Accessibility

1. What are existing fundings that support accessibility?

Through several programs, the Department has been supporting community-led projects to build capacity within the disability community so that persons with disabilities are at the centre of our efforts towards a barrier-free Canada by 2040.

Under the Social Development Partnerships Program - Disability Component, the Department provides $11M annually in support of agreements that focus on improving the social inclusion of persons with disabilities.

Under this program, the Accessible Canada fund provides $2.7M annual funding to organizations in the not-for-profit and other sectors to support accessibility-focused projects under 2 streams.

The National AccessAbility Week stream funds smaller projects that support NAAW celebrations and activities in communities and workplaces across Canada.

The Accessible Canada Partnerships stream funds larger projects that build capacity and foster key partnerships between the disability community and the federally regulated and other sectors in the implementation of the ACA.

The Enabling Accessibility Fund (EAF) provides funding to support community and workplace-based projects across Canada for accessibility improvements in areas such as the built environment and/or information and communication technologies.

The EAF has ongoing base program funding of $13.65M a year; additional social infrastructure funding of $7M a year (to 2027 to 2028 in grants and contributions) and $10M over 2 years from Budget 2023 for 2024 to 2025 to 2025 to 2026.

The Opportunities Fund for Persons with Disabilities assists persons with disabilities to prepare for, obtain and maintain employment. It provides funding to employers and employment service providers to support job skills training, set up workplace accommodations and create accessible workplaces.

Under the Opportunities Fund the Government of Canada is providing $5.5 million in funding over 3 years to Enhance Access to Professional Sign Language Interpretation. Projects funded under this call aim to increase the number of trained sign language interpreters by raising awareness of the career path and helping existing interpreters to enhance their skills and stay in the labour market.

2. How is Government of Canada supporting access to professional sign language interpretation?

There are less than 1000 professional sign language interpreters in Canada; and this is not nearly enough to serve Canada's population of Deaf and hard of hearing individuals who use a sign language as their primary language of communication.

Further to stakeholder engagement, including with sign language interpretation education institutions, interpretation service providers, professional associations and organizations representing sign language users, the Government of Canada launched the first ever call for proposals aimed at enhancing access to professional sign language interpretation. Under the Opportunities Fund, an investment of $5.5 million over 3 years aims to raise awareness about recognized sign language interpretation programs, increase the number of trained sign language interpreters and improve competencies of existing sign language interpreters.

Negotiations with funding recipients are ongoing.

Accessible Canada Roadmap

1. What is the Accessible Canada Roadmap, and how does it support realizing a barrier-free Canada by 2040?

We know that achieving a barrier free Canada requires that everyone work together.

Provinces, territories, municipalities, civil society, disability organisations and the private sector are doing things to advance accessibility every day.

The Accessible Canada Roadmap aims to help ensure that the outcome of our combined efforts is more than the sum of each individual contribution. It outlines a national vision that aims to guide efforts towards a barrier-free Canada.

It is our hope that everyone involved in advancing accessibility, all Canadians, will use the final Roadmap to identify actions they can take that contribute to our collective goal of a barrier-free Canada.

2. How long is the consultation process on the draft Accessible Canada Roadmap?

Online engagement on the draft Roadmap is open until January 8, 2025.

The purpose of engagement is to help ensure that it reflects the needs and perspectives of persons with disabilities and other communities reflecting the diversity of Canada.

We welcome feedback on the draft Roadmap and the vision for a barrier-free Canada.

Canadians can visit Canada.ca for more information on how to participate.

Inaccessibility of HUMA / Committee Hearings

1. In light of the HUMA witnesses who could not participate due to accessibility issues, what is the Government doing to ensure Parliament is free of barriers?

This was an unfortunate and regrettable event.

Canadians who are called as witness to committee hearings should be able to participate free of barriers.

My department is committed to working with the Parliament and the Translation Bureau to prevent this situation from happening again in the future.

Accessible transportation

1. What is the Government doing to comply with the Auditor General's recommendations related to transportation?

It would not be appropriate for me to comment here as the organizations targeted in the recommendations for example, VIA Rail, the Canadian Transportation Agency and the Canadian Air Transport Security Authority fall under the responsibility of the Minister of Transport.

2. Why doesn't the Government have information about complaints filed with transportation service providers?

The government does not currently have the authority to require transportation service providers to regularly provide complaint data on accessibility.

Persons with disabilities who have a negative travel experience can lodge complaints with the transportation service provider and/or with the CTA. However, when complaints are submitted only to the transportation service provider, the Agency is not notified.

The Government is looking to change this with amendments proposed to the Canada Transportation Act in Bill C-52 which was introduced into the House of Commons in spring 2023. The amendments would give the government the authority to make regulations regarding the provision of data on accessibility by transportation service providers.

3. What progress has been made on the commitments coming out of the National Air Accessibility Summit?

At the Summit, all partners agreed to seek out ways to ensure seamless travel for persons with disabilities, to make air travel more inclusive and enjoyable for all.

In particular, airlines agreed to work together to streamline processes and adopt a common medical form for passengers with disabilities that would simplify their travel preparation. They also agreed to explore ways to collect and share data more effectively with Government departments.

Transport Canada is overseeing this work so any further questions about these efforts should be directed to the Minister of Transport.

Canadian Radio-television and Telecommunications Commission (CRTC)

1. What is the role of the CRTC under the ACA to improve accessibility?

Under the Accessible Canada Act's sectoral approach, the CRTC maintains its regulatory authorities for accessibility, which pre-existed the ACA.

This means that the CRTC continues to be responsible for regulating most aspects of accessibility for broadcasting and telecommunication entities.

This includes the CRTC's 2021 Accessibility Reporting Regulations, made under the Accessible Canada Act, which set out requirements for accessibility plans, progress reports and the feedback processes of broadcasting and telecommunications entities.

ESDC, as the federal department that is broadly responsible for regulating employment in federal sectors, is responsible for regulating employment aspects of accessibility for broadcasters, telecommunications service providers and Canadian carriers.

Issue

What progress has the government made to fulfill its mandate commitment to build the capacity of national disability organizations?

Background

• Social Development Partnership Program - Disability Component (SDPP-D) supports and strengthens core activities of national disability organizations to improve performance and operations, create sustainable and meaningful partnerships, ensure sustainability of services, and ultimately demonstrate impact towards improving the social inclusion of persons with disabilities in Canada
• Budget 2023 announced funding of $10 million over 2 years (from 2023 to 2024 to 2024 to 2025) for the SDPP-D to strengthen the capacity of disability organizations through partnerships to address capacity needs and enable persons with disabilities to make valuable contributions to their communities
• In November 2023, the Program launched a call for proposals (CFP) which resulted in investments for disability-led projects in 2 activity streams: organizational capacity projects to support disability organizations in areas such as outcomes measurement and governance as well as intersectional capacity development projects where organizations and their partners are supported to remove barriers for diverse populations of persons with disabilities. Funded projects will also promote broader information-sharing across organizations within Canada to support knowledge-base building, share tools, best practices, and develop intersectional and cross disability perspectives
• The program also supported the capacity building of national disability organizations by investing in a project by LIFT Impact Partners that enables not for profit disability organizations, using a peer cohort model, to enhance and scale their organizational capacity, thus improving efficiency, effectiveness, and accountability in the disability community
• These investments will support the mandate letter commitment of the Minister of Diversity, Inclusion and Persons with disabilities and commitments under the Disability Inclusion Action Plan to support national disability organizations to build capacity and partner in efforts to eliminate systemic barriers

Key facts

• There are 6.2 million persons with disabilities in Canada. That is about 22% of the Canadian population. Persons with disabilities reflect the diversity and composition of the population of Canada, across age groups, ethnicity, race, and gender. They face many longstanding social and economic inequalities
• The disability community and its representative organizations lack the resources to adequately meet demands on their capacity to provide their expertise and perspective to Government. The role and composition of groups representing persons with disabilities continues to evolve. There has been an increasing awareness of the need to consider the intersectionality of disability groups with other marginalized groups
• To fulfill this mandate commitment, the Program has allocated approximately $8.8M in grants and contribution funding over 2 years beginning in 2023 to 2024 of the funding from Budget 2023 through 2 initiatives as follows:
  • $2 million ($1.4 million in 2024 to 2025) to support a LIFT Impact Partners project that will enable not for profit disability organizations to enhance their organizational capacity through a peer cohort model
  • $6.8M ($3.6 million in 2024 to 2025) to support national not for profit disability organizations through the Capacity Development CFP, specifically the organizations capacity development stream

Key messages

• Building up the internal capacity of disability organizations enables them to participate in and contribute to Government efforts to advance the inclusion of persons with disabilities, in accordance with the principle of "Nothing without Us." This includes the capacity of disability organizations to meet the demands placed on them to be involved in the development and implementation of initiatives to advance inclusion of persons with disabilities
• Enabling the disability community to have the skills and resources to work alongside Government will amplify the positive impact of federal spending and new initiatives

Issue

How is the government advancing implementation of the Disability Inclusion Action Plan (DIAP).

Background

• The December 2021 mandate letter for the Minister of Employment, Workforce Development and Inclusion committed to finalizing and releasing a DIAP
• The Government released Canada's first-ever DIAP in October 2022. The Action Plan has 4 pillars: financial security; employment; accessible and inclusive communities; and adopting a modern approach to disability
• Key actions under the DIAP include the new Canada Disability Benefit and the Employment Strategy for Canadians with Disabilities
• Budget 2024 provided:
  • $6.1 billion over 6 years, beginning in 2024 to 2025, and $1.4 billion per year ongoing, to deliver the Canada Disability Benefit. Payments are expected to start in July 2025
  • details on the benefit eligibility include a maximum benefit amount of $2,400 per year for low-income persons with disabilities between the ages of 18 and 64 with a valid Disability Tax Credit certificate
  • $243 million over 6 years, beginning in 2024 to 2025, and $41 million per year ongoing, to cover the cost of the medical forms required to apply for the Disability Tax Credit
• Budgets 2022 and 2023 made significant initial investment to advance the implementation of the DIAP including:
  • $10 million over 2 years starting in 2023 to 2024 to help address the unique needs and ongoing barriers faced by persons with disabilities by investing in capacity building and the community-level work of Canada's Disability organizations (included in Supplementary Estimates B 2023 to 2024)
  • $21.5 million in 2023 to 2024 to continue work on the future delivery of the Canada Disability Benefit, including engagement with the disability community and provinces and territories on the regulatory process (included in Supplementary Estimates B 2023 to 2024) 
  • $10 million over 2 years starting in 2024 to 2025 for the Enabling Accessibility Fund
• Other DIAP commitments announced previously in Budget 2022 include:
  • $276.5 million over 5 years, and $185 million on going, to support the implementation of an employment strategy for persons with disabilities through the Opportunities Fund. (This was in last year's supplementary estimates B in 2022 to 2023.) This is to help to address labour market shortages through increased participation by persons with disabilities and make workplaces more inclusive and accessible. Of this funding, $20 million will be allocated to the Ready, Willing and Able program to help persons with Autism Spectrum Disorder or intellectual disabilities find employment
  • $25 million over 5 years to: support the production of alternative format materials by the Centre for Equitable Library Access and the National Network for Equitable Library Service; conduct research to better understand gaps in the availability of accessible reading materials; and launch a new Equitable Access to Reading Program to boost the production of accessible format reading materials through innovative partnerships

Key facts

The first annual update on the Disability Inclusion Action Plan was released the week after International Day of Persons with Disabilities, on December 8th, 2023. The annual update highlights progress on action items across the 4 pillars of the DIAP that have taken place since summer 2022. The second annual update is forthcoming.

Key messages

• The Government has made significant progress in implementing the DIAP, including:
  • coming into force of the Canada Disability Benefit Act in June 2024, which represents an important step towards increasing the financial security of working age persons with disabilities 
  • launch of the new Equitable Access to Reading Program (EARP)
  • launch of the Employment Strategy for Canadians with Disabilities. The Strategy supports persons with disabilities by identifying and addressing barriers that prevent them from finding and keeping good jobs, advancing in their careers, or becoming entrepreneurs
  • making significant investments in the Opportunities Fund to support employment for persons with disabilities
  • making significant investments in the Enabling Accessibility Fund to improve the accessibility of shelters, childcare spaces, communities and workplaces
  • publishing new standards under the Accessible Canada Act
  • launching the Disability Inclusion Business Council to champion and advance accessibility and inclusion in the workplace
• The government will continue working closely with the disability community to implement the DIAP, ensuring it meets the needs of persons with disabilities   
• The lived experiences of persons with disabilities have informed every part of the Action Plan. Through engagement efforts, we heard about the valuable contributions that persons with disabilities make in our communities and our economy. We know that persons with disabilities face barriers to social and economic participation due to discrimination, stereotypes, and systemic exclusion. Although we have made significant progress, there is more work to be done

Program Name: Enabling Accessibility Fund

Program name

Supporting Black Canadian Communities Initiative

Program name

Social Development Partnerships Program - Disability Component.

Issue

Why does Employment and Social Development Canada (ESDC) require additional authorities in the Supplementary Estimates (B) for fiscal year ending March 31, 2025?

Key facts

Supplementary Estimates seek parliamentary approval for changes to departmental spending plans for the current fiscal year.

ESDC is requesting a total of $155.8 million in additional authorities through the Supplementary Estimates (B)*.

• An increase of $45.5 million in Vote 1 Operating expenditure
• An increase of $35.1 million in Vote 5 Grants and Contributions
• An increase of $75.2 million in Statutory items

*The estimated statutory forecast of $70.1 million for the National School Food Program granted in the Budget Implementation Act 2024 is included for information purposes.

Response

ESDC is requesting adjustments for:

Note 1: The Funding to establish a National School Food Program also includes a Statutory component of $70.1 million granted in the Budget Implementation Act 2024 (see Table 3). The total included in the Supplementary Estimates (B) for the National School Food Program is $77.5 million.

*The estimated statutory forecast of $70.1 million for the National School Food Program granted in the Budget Implementation Act 2024 is included for information purposes

Background

Key Quotes

Nil

ESDC 2024 to 2025 Supplementary Estimates (B) Overview

ESDC is requesting a total of $155.8 million in additional authorities through the Supplementary Estimates (B), which would bring the total planned spending to $194.4 billion.

Descriptive text:

Figure on the left: ESDC total planned spending is $194.4 billion

• EI Benefits planned spending is $25.2 billion or 13.0% of total planned spending
• CPP Benefits planned spending is $65.3 billion or 33.6% of total planned spending
• Other EI and CPP Recoveries and Workers Compensation planned spending is $2.6 billion or 1.3% of total planned spending
• EI and CPP Operating Costs planned spending is $2.8 billion or 1.4% of total planned spending
• Estimates to date is $98.5 billion or 50.7% of total planned spending

Figure on the right: ESDC Estimates to date, representing proposed authorities to date, is $98.5 billion.

• Statutory planned spending is $86.8 billion or 88.1% of total estimates to date
• Vote 1: Operating expenditures planned spending is $1.4 billion or 1.4% of total estimates to date
• Vote 5: Grants and contributions planned spending is $10.3 billion or 10.5% of total estimates to date

Of the $194.4 billion in planned spending for 2024 to 2025, $98.5 billion is reported in the Estimates, of which $97.0 billion are statutory and voted transfer payment programs. Here are a few programs included in ESDC's estimates to date:

• Old Age Security Program = $80,556.0 million
• Early Learning and Child Care Program = $7,237.0 million
• Canada Student Financial Assistance Program and Canada Apprentice Loans = $2,966.8 million
• Canada Education Savings Program = $1,260.0 million
• Canada Disability Savings Program = $729.1 million
• Workforce Development Agreements = $722.0 million
• Youth Employment and Skills Strategy = $418.0 million
• Indigenous Early Learning and Child Care = $374.0 million
• Indigenous Skills and Employment Training Program = $235.5 million
• Canada Apprenticeship Strategy = $194.9 million

Of the $155.8 million requested through Supplementary Estimates (B), no items fall under the responsibility of the Minister of Diversity, Inclusion and Persons with Disability.