Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 58 - Minutes of Proceedings - May 2, 2019
OTTAWA, Thursday, May 2, 2019
(136)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:30 a.m., in room W110, 1 Wellington St., the chair, the Honourable Chantal Petitclerc, presiding.
Members of the committee present: The Honourable Senators Dasko, Deacon (Ontario), Forest-Niesing, Mégie, Munson, Oh, Omidvar, Petitclerc, Poirier, Ravalia and Seidman (11).
Other senators present: The Honourable Senators Kutcher and Moodie (2).
In attendance: Laura Munn-Rivard, Mayra Perez-Leclerc, Analysts, Parliamentary Information and Research Services, Library of Parliament; Gaëtane Lemay, Procedural Clerk, Senate of Canada.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 21, 2019, the committee continued its examination of Bill C-81, An Act to ensure a barrier-free Canada (For complete text of the order of reference, see proceedings of the committee, Issue No. 56.)
WITNESSES:
Employment and Social Development Canada:
James Van Raalte, Director General, Accessibility Secretariat;
Benoît Gendron, Director, Accessibility Secretariat;
Erik Lapalme, Senior Policy Analyst, Accessibility Secretariat.
The chair made a statement.
Mr. Van Raalte, Mr. Gendron and Mr. Lapalme were invited to the table. For the remainder of the meeting, Mr. Van Raalte answered questions from time to time.
It was agreed that the committee proceed to clause by clause consideration of Bill C-81, An Act to ensure a barrier-free Canada.
It was agreed that the clauses be grouped according to the 12 parts of the bill as described in the Table of Provisions, except for those parts where an amendment has been submitted to the clerk.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
The chair asked whether clause 5 shall carry.
The Honourable Senator Dasko moved:
That Bill C-81 be amended in clause 5, on page 3, by replacing line 13 with the following:
"ers, on or before January 1, 2040, particularly by the identification and removal of bar-''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 5, as amended, carry.
The chair asked whether clause 5.1 shall carry.
The Honourable Senator Forest-Niesing moved:
That Bill C-81 be amended on page 4, in clause 5.1, by replacing lines 1 to 5 with the following:
"5.1 (1) The area of communication referred to in paragraph 5(c.1)
(a) includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and
(b) does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act.
(2) American Sign Language, Quebec Sign Language and Indigenous sign languages are recognized as the primary languages for communication by deaf persons in Canada.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 5.1, as amended, carry.
The Honourable Senator Seidman moved:
That Bill C-81 be amended on page 4 by adding the following after line 5:
"5.2 Nothing in this Act should be construed as requiring or authorizing any delay in the removal of barriers or the implementation of measures to prevent new barriers as soon as is reasonably possible.''.
At 11:26 a.m., the committee suspended.
At 11:33 a.m., the committee resumed.
After debate, the Honourable Senator Forest-Neising moved:
That the motion in amendment be amended by adding the following after the words "in this Act'':
", including its purpose of the realization of a Canada without barriers,''
After debate, the question being put on the subamendment, it was adopted.
After debate, the question being put on the motion in amendment that new clause 5.2, as amended, carry, it was adopted.
The chair asked whether clause 6 shall carry.
The Honourable Senator Mégie moved:
That Bill C-81 be amended in clause 6, on page 4:
(a) by replacing lines 12 to 14 with the following:
"wish to have regardless of their disabilities;''; and
(b) by replacing lines 22 to 26 with the following:
"must take into account the disabilities of persons, the different ways that persons interact with their environments and the multiple and intersecting forms of marginalization and discrimination faced by persons;
(f) persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures; and
(g) the development and revision of accessibility stan-''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Dasko moved:
That Bill C-81 be amended in clause 6, on page 4,
by replacing line 6 with the following:
"6 (1) This Act is to be carried out in recognition of, and in''; and
by adding the following after line 29:
"(2) For greater certainty, in the event of any inconsistency between the provisions of this Act and the provisions of the Canadian Human Rights Act, the provisions of that Act prevail to the extent of the inconsistency.''.
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 6, as amended, carry.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
The chair asked whether clause 11 shall carry.
The Honourable Senator Forest-Niesing moved:
That Bill C-81 be amended in clause 11, on page 6, by replacing line 5 with the following:
"11 (1) The Minister's mandate is the realization, without delay, of a''.
After debate, the question being put on the motion in amendment, it was negatived.
The Honourable Senator Dasko moved:
That Bill C-81 be amended in clause 11, on page 6, by replacing line 6 with the following:
"Canada without barriers on or before January 1, 2040.''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Forest-Niesing moved:
That Bill C-81 be amended in clause 11, on page 6, by replacing lines 7 and 8 with the following:
"(2) In carrying out his or her mandate, the Minister must,''.
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 11, as amended, carry.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
It was agreed that clause 17 carry.
The chair asked whether clause 18 shall carry.
The Honourable Senator Dasko moved:
That Bill C-81 be amended in clause 18, on page 7, by replacing line 14 with the following:
"tribute to the realization of a Canada without barriers, on or before January 1, 2040,''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Deacon (Ontario) moved:
That Bill C-81 be amended in clause 18, on page 7, by replacing line 20 with the following:
"(c) the provision of information, training guidelines, products and ser-''.
After debate and with leave, the amendment was withdrawn.
It was agreed that clause 18, as amended, carry.
It was agreed that clause 19 carry.
It was agreed that clause 20 carry.
It was agreed that clause 21 carry.
It was agreed that clause 22 carry.
It was agreed that clause 23 carry.
It was agreed that clause 24 carry.
It was agreed that clause 25 carry.
It was agreed that clause 26 carry.
It was agreed that clause 27 carry.
It was agreed that clause 28 carry.
It was agreed that clause 29 carry.
It was agreed that clause 30 carry.
It was agreed that clause 31 carry.
It was agreed that clause 32 carry.
It was agreed that clause 33 carry.
It was agreed that clause 34 carry.
It was agreed that clause 35 carry.
It was agreed that clause 36 carry.
It was agreed that Part 3, entitled Accessibility Commissioner, which contains clauses 37 to 41, carry.
It was agreed that Part 4, entitled Duties of Regulated Entities, which contains clauses 42 to 72, carry.
It was agreed that Part 5, entitled Administration and Enforcement, which contains clauses 73 to 93, carry.
The chair asked whether clause 94 shall carry.
The Honourable Senator Munson moved:
That Bill C-81 be amended in clause 94, on page 54,
(a) by replacing lines 9 to 17 with the following:
"(4) An individual is not entitled to file a complaint in re-''; and
(b) by replacing line 22 with the following:
"(5) The Accessibility Commissioner must cause a written''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Munson moved:
That Bill C-81 be amended on page 67 by adding the following after line 21:
"121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity's duty to accommodate under any other Act of Parliament.''.
After debate, the question being put on the motion in amendment that new clause 121.1 carry, it was adopted.
It was agreed that clause 94, as amended, carry.
It was agreed that clause 95 carry.
It was agreed that clause 96 carry.
It was agreed that clause 97 carry.
It was agreed that clause 98 carry.
It was agreed that clause 99 carry.
It was agreed that clause 100 carry.
It was agreed that clause 101 carry.
It was agreed that clause 102 carry.
It was agreed that clause 103 carry.
It was agreed that clause 104 carry.
It was agreed that clause 105 carry.
It was agreed that clause 106 carry.
It was agreed that clause 107 carry.
It was agreed that clause 108 carry.
It was agreed that clause 109 carry.
It was agreed that clause 110 carry.
It was agreed that Part 7, entitled Chief Accessibility Officer, which contains clauses 111 to 116 carry.
It was agreed that clause 117 carry.
It was agreed that clause 118 carry.
It was agreed that clause 119 carry.
It was agreed that clause 120 carry.
It was agreed that clause 121, as amended, carry.
It was agreed that clause 122 carry.
It was agreed that clause 123 carry.
It was agreed that clause 124 carry.
It was agreed that clause 125 carry.
It was agreed that clause 126 carry.
It was agreed that clause 127 carry.
It was agreed that clause 128 carry.
It was agreed that clause 129 carry.
It was agreed that clause 130 carry.
It was agreed that clause 131 carry.
It was agreed that clause 132 carry.
It was agreed that clause 133 carry.
It was agreed that clause 134 carry.
It was agreed that clause 135 carry.
It was agreed that clause 136 carry.
It was agreed that clause 137 carry.
It was agreed that clause 138 carry.
It was agreed that clause 139 carry.
It was agreed that clause 140 carry.
It was agreed that clause 141 carry.
It was agreed that clause 142 carry.
The chair asked whether clause 143 shall carry.
The Honourable Senator Munson moved:
That Bill C-81 be amended in clause 143, on page 77, by replacing line 10 with the following:
"subsection 94(5), 96(1), 100(2), 101(2) or 103(3), the Ac-''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 143, as amended, carry.
It was agreed that clause 144 carry.
It was agreed that clause 145 carry.
It was agreed that clause 146 carry.
It was agreed that clause 147 carry.
It was agreed that clause 148 carry.
It was agreed that clause 149 carry.
It was agreed that clause 150 carry.
It was agreed that clause 151 carry.
It was agreed that clause 152 carry.
It was agreed that clause 153 carry.
It was agreed that clause 154 carry.
It was agreed that clause 155 carry.
It was agreed that clause 156 carry.
It was agreed that clause 157 carry.
It was agreed that clause 158 carry.
It was agreed that clause 159 carry.
It was agreed that clause 160 carry.
It was agreed that clause 161 carry.
It was agreed that clause 162 carry.
It was agreed that clause 163 carry.
It was agreed that clause 164 carry.
It was agreed that clause 165 carry.
It was agreed that clause 166 carry.
It was agreed that clause 167 carry.
It was agreed that clause 168 carry.
It was agreed that clause 169 carry.
It was agreed that clause 170 carry.
It was agreed that clause 171 carry.
The chair asked whether clause 172 shall carry.
The Honourable Senator Munson moved:
That Bill C-81 be amended in clause 172, pages 88 to 91,
(a) On page 88, replace line 37 with the following:
"172 Section 172 of the Act is replaced by'';
(b) on page 89,
(i) replace lines 3 to 12 with the following:
"(2) On determining that there is an undue barrier to the'', and
(ii) replace lines 34 and 35 with the following:
"(3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures.'';
(c) on page 90, replace line 25 with the following:
"172.2 (1) For the purpose of paragraphs 172(2)(d) and'';
(d) on page 91, replace line 5 with the following:
"graphs 172(2)(b) and (c) and 172.1(2)(b) and (c) may in-''; and
(e) renumber the remaining clauses and amend all references to them accordingly.
After debate, the question being put on the motion in amendment, it was adopted.
After debate, it was agreed that clause 172, as amended, carry, on division.
It was agreed that all remaining clauses carry.
It was agreed that clause 1, which contains the short title, carry.
The chair asked whether the preamble shall carry.
The Honourable Senator Forest-Niesing moved:
That Bill C-81 be amended in the preamble, on page 1, by replacing line 15 with the following;
"bility without delay complements the rights of persons with disabil-''.
After debate, the question being put on the motion in amendment, it was adopted.
After debate, it was agreed that the preamble, as amended, carry.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry.
After debate, it was agreed that observations be appended to the committee's report on the bill and that the Subcommittee on Agenda and Procedure be authorized to approve the final text.
It was agreed that the chair report Bill C-81 with amendments and observations to the Senate at the earliest opportunity.
At 1:01 p.m., the committee adjourned to the call of the chair.
ATTEST:
Daniel Charbonneau
Clerk of the Committee