Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Ontario for All People with Disabilities https://www.aodaalliance.org aodafeedback@gmail.com Twitter: @aodaalliance
March 16, 2016
SUMMARY
In the 2007 Ontario election, Ontarios Liberal Government, led by Premier Dalton McGuinty, promised that the Government would review all Ontario laws for accessibility barriers. That includes 750 statutes and many more regulations.
Some nine years later, the Government has only reviewed 51 of the 750 Ontario statutes. It chose to start with 51 statutes that had the highest impact on people with disabilities.
Amidst the package that the Wynne Government tabled in the Ontario Legislature on February 25, 2016, when it announced its budget, were proposed amendments to 11 of those Ontario laws. This was a result of the Governments review of those 51 statutes.
It is certainly not easy for the public to quickly find all the laws to be amended by reviewing the budget bill, entitled the Jobs for Today and Tomorrow Act (Budget Measures), 2016, and all the other documents tabled with the budget. On learning of this, we asked the Government to give us, in one place, a compilation of all of those proposed amendments. This is so that we and the disability community could study them, and offer our input to the Legislature e.g. at public hearings before a Standing Committee of the Legislature.
Yesterday, the Government sent us a summary of those proposed amendments. We set these out below.
We have also asked for the wording of the actual amendments. While the summaries set out below are helpful, the precise wording of any proposed amendment is very important. We understand that the Government is preparing this document for us. We will make it public when we get it.
It is commendable that the Government is using an omnibus bill to table these proposed amendments. If it left it to each minister to bring forward separate bills to amend each law with accessibility barriers, that could take years and years.
The AODA Alliance has a strong interest in taking active part in this legislative process, including the public hearings before the Legislature on this bill. We sought the Governments 2007 pledge to conduct this accessibility review of Ontario laws. We have spent the past nine years pressing the Government to act on that 2007 election promise. We have delivered training to public officials within the Ontario Government on how to conduct this review. We have tried to keep this issue on the public agenda.
However, we are not now able to take part in the legislative hearings on this bill. We dont have all the information we need from the Wynne Government. Until we see the actual amendments wording, we are quite limited in what we can do. Only yesterday did we receive the information set out below, including the list of the statutes the Government proposes to amend, and a plain language summary of the proposed amendments.
As well, the Wynne Government has imposed time allocation on proceedings on this bill. Public hearings will be held for three days next week. An application to appear at those hearings must be filed by 1 pm this Thursday, March 17, 2016. It is unfortunate that the Government has taken 9 years to get to this point, and yet has so tightly limited the time for the public, including the disability community, to have their say through the legislative process.
On a first skim, a number of these proposed amendments appear to be helpful, though manifestly modest in scope. They show how spelling out disability accessibility and accommodation measures explicitly in legislation can help ensure that progress on accessibility is made. Most of the people who will use these laws are not lawyers and will not consult lawyers. Without clear direction in the legislation on steps for effective accessibility and accommodation, those steps will often not be taken.
Based on a quick first review of the lengthy information we received yesterday, it is clear that more barriers need to be addressed in the 11 laws that the Government has decided to amend, than those listed in the Governments summaries. Even before we have time to carefully study all this information, it is clear for example that:
* Several amendments propose to require an organization to post a notice on the organizations website, in order to ensure that the notice is accessible to people with disabilities. However, this summary does not show that the amendments require that the website itself be accessible, and that the notice be posted in an accessible format. Too many organizations, including the Wynne Government itself, have failed to ensure full accessibility of their websites. Moreover, the time lines for web site accessibility are too long, while exceptions and exemptions are too broad.
* The bill makes some amendments to the Education Act, including ones aiming at ensuring accessibility of important information in the school system. These however do not cover the full range of materials that need to be made accessible. For example, they do not rectify the recurring use of PDFs by the Ministry of Education and at least some school boards when providing important information to the public, including to students and their families.
Moreover, these amendments do not address several serious accessibility barriers that the Education Act mandates or condones. A full and proper legislative review for accessibility needs to address these.
* The bill proposes some amendments to the Freedom of Information and Privacy Act, to, among other things; ensure accessibility of information to people with disabilities. However, these too dont go far enough.
As but one example, the form for appealing a Freedom of Information issue to the Information and Privacy Commissioner under this Act is currently posted as a PDF that lacks proper accessibility. Even though the Information and Privacy Commission has been alerted about this, it has not fixed it. This bill does not appear to address this obvious and unjustified barrier.
It is also abundantly clear that these 11 laws are not the only ones among the 51 high impact statutes, that have accessibility issues requiring legislative amendments. The Governments review appears to have been quite inadequate, if these are the only statutes that the Government thinks require legislative amendments to address accessibility issues.
As a result, we have written Premier Wynne to ask for a chance to take part in this process. The AODA Alliances March 15, 2016 letter to Premier Wynne, set out below, asks her the following:
1. Could you please indicate if your Government would be open to consider other amendments needed to address accessibility barriers that those 51 high impact statutes authorize, permit or fail to address, outside the time frame of the Budget bill? There are additional areas of barriers that need to be addressed beyond those which the Governments proposed amendments cover.
2. May we have an opportunity to make a presentation to a Standing Committee on this bill in mid to late April, after we receive the text of the actual proposed amendments and after we have the time we need to study them and prepare our feedback?
3. Would your Government be open to consult with us and the disability community on other accessibility barriers that need to be addressed in connection with those 51 high impact statutes, and that the budget bill does not address? If so, can you confirm that it is with the Ministry of the Attorney General with whom we should deal.
4. We commend your Government for dealing with this via omnibus legislation, rather than taking forward each bill to be amended piecemeal. To amend each bill piecemeal would take an extraordinary and excessive amount of legislative time.
Is your Government open to again use omnibus legislation to address other accessibility barriers, not addressed in the Budget Bill? And
5. What are your Governments plans and time lines for reviewing the other 700 Ontario statutes for accessibility barriers, and for reviewing all Ontario regulations? It is important for that work to be completed.
At an April 4, 2011 training session for public servants who initially were to conduct this legislative accessibility review, at which I was in attendance, a senior Ministry of Government Services official announced that each ministry was requested to complete a review of its own legislation by 2015, and a review of all regulations by 2020. We then voiced a serious concern that those time lines were too long.
Below you can find:
* The AODA Alliances March 15, 2016 letter to Premier Wynne.
* The Ontario Governments overview of its proposed amendments and
* The Ontario Governments clause-by-clause review of its proposed amendments.
You can always send your feedback to us on any AODA and accessibility issue at aodafeedback@gmail.com
To sign up for, or unsubscribe from AODA Alliance e-mail updates, write to: aodafeedback@gmail.com
We encourage you to use the Governments toll-free number for reporting AODA violations. We fought long and hard to get the Government to promise this, and later to deliver on that promise. If you encounter any accessibility problems at any large retail establishments, it will be especially important to report them to the Government via that toll-free number. Call 1-866-515-2025.
Please pass on our email Updates to your family and friends.
Why not subscribe to the AODA Alliances YouTube channel, so you can get immediate alerts when we post new videos on our accessibility campaign. https://www.youtube.com/user/aodaalliance
Please “like” our Facebook page and share our updates: https://www.facebook.com/Accessibility-for-Ontarians-with-Disabilities-Act-Alliance-106232039438820/
Follow us on Twitter. Get others to follow us. And please re-tweet our tweets!! @AODAAlliance
Learn all about our campaign for a fully accessible Ontario by visiting https://www.aodaalliance.org
Please also join the campaign for a strong and effective Canadians with Disabilities Act, spearheaded by Barrier-Free Canada. The AODA Alliance is the Ontario affiliate of Barrier-Free Canada. Sign up for Barrier-Free Canada updates by emailing info@BarrierFreeCanada.org
MORE DETAILS
Text of the AODA Alliances March 15, 2016 Letter to Premier Kathleen Wynne
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
1929 Bayview Avenue,
Toronto, Ontario M4G 3E8
Email aodafeedback@gmail.com Twitter: @aodaalliance www.aodaalliance.org
March 15, 2016
Via email: kwynne.mpp.co@liberal.ola.org
The Hon. Premier Kathleen Wynne
Room 281, Legislative Building
Queen’s Park
Toronto, Ontario
M7A 1A1
Dear Premier Wynne,
Re: Your Governments Promised Review of All Ontario Laws for Disability Accessibility Problems
We understand that your Government has included in its 2016 budget legislative package a series of amendments to individual Ontario statutes to address some dis ability accessibility issues. We wish to have input into this legislation.
On September 14, 2007, Premier Dalton McGuinty wrote the AODA Alliance to set out your Governments disability accessibility promises in the 2007 election. Among other things, he promised that your Government would review all Ontario laws for accessibility issues. Writing us two years after your Government took the bold and commendable step of passing the Accessibility for Ontarians with Disabilities Act, Premier McGuinty described the promised review of all Ontario laws as follows:
The Ontario Liberal government believes this is the next step toward our goal of a fully accessible Ontario.
On March 21, 2013, then Deputy Minister of Government Services Kevin Costante wrote us about Government action on this. He wrote that the Government was first reviewing around 50 of Ontarios 750 statues. These statutes were selected because they had the greatest impact on people with disabilities. He said that the Ministry of the Attorney General (MAG) would lead this review. He wrote:
Following the review of their legislation, ministries and/or MAG will seek to introduce amending legislation in the Legislative Assembly by December 2014, if necessary. It is important that responses to similar barriers be addressed in a consistent fashion and that is why the review is being coordinated in this way.
In your December 23, 2014 letter to us, you wrote:
Lastly, your correspondence refers to my predecessors commitment to review legislation and regulations to identify and remove accessibility barriers. A review of 51 statutes with the greatest impact on people with disabilities is under way. I expect to receive a recommended approach to address the findings of this review by the end of 2014.
Your Governments June 3, 2015 announcement, in response to the final report of the Mayo Moran AODA Independent Review, committed to these actions regarding the review of Ontario laws for accessibility problems:
The Ministry of Government and Consumer Services Diversity Office recently collaborated with the Ministry of the Attorney General to review legislation that has a high impact on members of the public and specifically people with disabilities with a view to identifying barriers to accessibility. The review looked at 51 statutes related to health, education, seniors and social services. The review identified opportunities to address barriers, and we have included these in our action plan.
It further stated:
Introduce legislation addressing barriers to accessibility identified through a government-wide review of high-impact legislation, ensuring that government documents and appeals processes are accessible for people with disabilities.
Beyond the foregoing, the findings of your Governments review of the 51 high impact statutes have not been made public. We and the disability community were not consulted after the Ministry of the Attorney General completed its review of the 51 high impact statutes, on steps your Government might take to address barriers in those laws, either before or after that June 3, 2015 announcement.
We understand that amidst the materials that the Government made public with its February 25, 2016 budget was a package of budget-related legislation, called Bill 173. We also understand that in that package were proposed amendments to several Ontario statutes, along the lines of the Governments June 3, 2015 announcement that I quoted above.
On learning of this, we asked the Government to provide us with all of those amendments in one place. We need this so that we and others in the disability community could study them and take part in the legislative process.
We appreciate that earlier today, your Government sent us a description of those proposed amendments. We have asked to also receive the actual wording of the amendments, collected in one document. We and the Ontario disability community need that to be able to give the Government and the Legislature full and meaningful input.
Because we and our community did not get this information earlier, it is not possible for us, and for a diversity of other individuals and organizations in the disability community, to carefully study them, compare them to the 51 statutes that the Government had reviewed, and offer feedback to the Legislature, along the time lines for public hearings that the Government has established. Hearings are set to take place on three days during the week of March 21, 2016. They require a first come, first served application to appear. We understand that the deadline to appear is 1 pm on March 17, 2016.
Accordingly, may we ask you for the following:
1. Could you please indicate if your Government would be open to consider other amendments needed to address accessibility barriers that those 51 high impact statutes authorize, permit or fail to address, outside the time frame of the Budget bill? There are additional areas of barriers that need to be addressed beyond those which the Governments proposed amendments cover.
2. May we have an opportunity to make a presentation to a Standing Committee on this bill in mid to late April, after we receive the text of the actual proposed amendments and after we have the time we need to study them and prepare our feedback?
3. Would your Government be open to consult with us and the disability community on other accessibility barriers that need to be addressed in connection with those 51 high impact statutes, and that the budget bill does not address? If so, can you confirm that it is with the Ministry of the Attorney General with whom we should deal.
4. We commend your Government for dealing with this via omnibus legislation, rather than taking forward each bill to be amended piecemeal. To amend each bill piecemeal would take an extraordinary and excessive amount of legislative time.
Is your Government open to again use omnibus legislation to address other accessibility barriers, not addressed in the Budget Bill? And
5. What are your Governments plans and time lines for reviewing the other 700 Ontario statutes for accessibility barriers, and for reviewing all Ontario regulations? It is important for that work to be completed.
At an April 4, 2011 training session for public servants who initially were to conduct this legislative accessibility review, at which I was in attendance, a senior Ministry of Government Services official announced that each ministry was requested to complete a review of its own legislation by 2015, and a review of all regulations by 2020. We then voiced a serious concern that those time lines were too long.
We have a strong interest in this issue. We led the campaign to get the Government to promise this review in 2007. We have led the campaign since then to get the Government to keep that commitment. We have offered training and support to assist the Government.
We are eager for a voice in the legislative process, and to see that the rest of the promised review of statutes and regulations is completed in a timely fashion. We welcome any opportunity to assist you and the Government in conducting this review, and look forward to hearing from you.
Sincerely,
David Lepofsky CM, O. Ont
Chair Accessibility for Ontarians with Disabilities Act Alliance
cc: The Hon Brad Duguid, Minister of Economic Development, Employment and Infrastructure Email: brad.duguid@ontario.ca
Giles Gherson, Deputy Minister of Economic Development, Employment and Infrastructure email Giles.gherson@Ontario.ca
Madeline Meilleur, Attorney General of Ontario
Email nmadeleine.meilleur@ontario.ca
Patrick Monahan, Deputy Attorney General
Email Patrick.monahan@ontario.ca
David Orazietti, Minister of Government and Consumer Services Email David.Orazietti@ontario.ca
Angela Coke, Deputy Minister of Government and Consumer Services Email Angela.coke@ontario.ca
Ontario Governments Overview of Its Proposed Amendments to Ontario Legislation
OPS Diversity Office
Strategic Policy and Planning Unit
Accessibility Legislative Review Amendments
Ontario Budget Reference (Page 138)
This strategy will build on the Provinces significant progress towards its objective of an accessible Ontario by 2025. In support of The Path to 2025: Ontarios Accessibility Action Plan, and as part of ongoing efforts to make it easier for people with disabilities to participate in their workplaces and communities, the Province will introduce amendments to 11 statutes, targeting areas that represent barriers to accessibility. These amendments modernize procedures related to service, timelines and notice requirements, and include amendments to:
* The Accessibility for Ontarians with Disabilities Act, 2005, providing extensions to legislated timelines to accommodate people with disabilities, and permitting people with disabilities to submit documents to government in accessible formats;
* The Homemakers and Nurses Services Act and the Public Vehicles Act, replacing outdated terminology; and
* The Public Hospitals Act and the Substitute Decisions Act, 1992, requiring notices to be communicated by more accessible methods.
As well, Ontarios Accessible Employment Standard requires businesses with 50 or more employees to make employment practices accessible to meet the needs of employees and job applicants with disabilities, as of January 1, 2016.
Budget Bill Compendium
The following are the plain language descriptions of each set of amendments, as outlined in the compendium to support the Budget Bill:
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
In support of The Path to 2025: Ontarios Accessibility Action Plan, amendments to 11 statutes are proposed in the interests of ensuring that Ontarios laws do not create barriers for persons with disabilities.
These amendments include proposed changes to the Accessibility for Ontarians with Disabilities Act, 2005 to allow for the extension of the various time periods specified in the Act to accommodate a person with a disability or for any other reason that is considered appropriate. In addition, an amendment would provide that a person with a disability who is required under the Act to provide a notice or other document is entitled to do so in a format that is accessible to the person.
COMPENSATION FOR VICTIMS OF CRIME ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, section 10 of the Compensation for Victims of Crime Act would be amended to provide the Criminal Injuries Compensation Board with discretion to extend the 15-day period for requesting a review of a Board decision. In addition, the service provision of the Act would be revised to provide for multiple methods of service delivery and to extend the deemed date of service from three to five days.
EDUCATION ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, proposed amendments to the Education Act would update terminology relating to persons with disabilities and require that school boards make certain information available to the public in ways other than or in addition to publication in newspapers, such as posting on websites or other appropriate manners. In addition, proposed amendments would permit the extension of certain deadlines in order to accommodate a persons disability.
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, it is proposed that the Freedom of Information and Protection of Privacy Act be amended to allow for the extension of certain time periods if they present a barrier as defined in the Accessibility for Ontarians with Disabilities Act, 2005. Similar amendments are proposed in Schedule 17.
HIGHWAY TRAFFIC ACT
In addition, in support of The Path to 2025: Ontarios Accessibility Action Plan, an amendment to section 50 of the Act would permit a judge to extend the time to appeal certain decisions of the Licence Appeal Tribunal.
HOMEMAKERS AND NURSES SERVICES ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, proposed amendments to the Homemakers and Nurses Services Act would update terminology relating to persons with disabilities. In addition, as a housekeeping measure, the Acts definition of Minister would be updated to refer to the Minister of Health and Long-Term Care.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, it is proposed that the Municipal Freedom of Information and Protection of Privacy Act be amended to allow for the extension of certain time periods if they present a barrier as defined in the Accessibility for Ontarians with Disabilities Act, 2005.
ONTARIO GUARANTEED ANNUAL INCOME ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, it is proposed that the Ontario Guaranteed Annual Income Act be amended to enable the Minister of Finance to extend the 90-day time period for objecting to a determination, decision or direction made in respect of payment under the Act.
PUBLIC HOSPITALS ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, the Public Hospitals Act would be amended to provide that notice of a general or special meeting of the members of a hospital corporation is sufficiently given if it is published on the hospitals website for at least two continuous weeks prior to the date of the meeting.
PUBLIC VEHICLES ACT
In support of The Path to 2025: Ontarios Accessibility Action Plan, proposed amendments to the Public Vehicles Act would update terminology relating to persons with disabilities. Additional amendments are proposed to provide that, where required by regulation, licensed public vehicle companies must provide certain public notices in a medium accessible to persons with disabilities.
SUBSTITUTE DECISIONS ACT, 1992
In support of The Path to 2025: Ontarios Accessibility Action Plan, it is proposed that the Substitute Decisions Act, 1992 be amended with respect to the resignation of statutory guardians of property and attorneys under a continuing power of attorney or a power of attorney for personal care. The resigning guardian or attorney would be required to provide an accessible copy of their notice of resignation to any entitled recipient who requests it in an accessible format, or if the guardian or attorney has reason to believe that the recipient needs an accessible copy. The guardian or attorney would also be required to explain their resignation on request or if there is reason to believe that an explanation is necessary.
The Ontario Governments Clause-by-Clause Summary of Its proposed Legislative Amendments
OPS Diversity Office
Strategic Policy and Planning Unit
Accessibility Legislative Review Amendments: Clause-by-Clause
Amendments
(as outlined in Budget Bill)
Plain LanguageSCHEDULE 1
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
1.Section 10 of theAccessibility for Ontarians with Disabilities Act, 2005is amended by adding the following subsection:
Extension of time for comments
(3)The Minister may extend the time period referred to in subsection (2) in order to accommodate a person with a disability or for any other reason that the Minister considers appropriate.
2.(1)The following provisions of section 21 of the Act are amended by adding subject to subsection (4.1) at the end: 1. Paragraph 1 of subsection 21 (3).
2. Paragraph 2 of subsection 21 (3).
3. Paragraph 1 of subsection 21 (4).
(2)Section 21 of the Act is amended by adding the following subsection:
Extension of time for compliance
(4.1)The director who made an order under subsection (3) or (4), as the case may be, may extend the time period referred to in paragraph 1 or 2 of subsection (3) or paragraph 1 of subsection (4) in order to accommodate a person with a disability or for any other reason that the director considers appropriate.
(3)Clause 21 (7) (c) of the Act is amended by striking out within 15 days after the day the order is made at the end.
3.Subsection 22 (3) of the Act is amended by striking out or within such further time as may be specified in the notice at the end and substituting or within the further time that is specified in the notice or that the director specifies in order to accommodate a person with a disability or for any other reason that the director considers appropriate.
4.Section 25 of the Act is amended by adding the following subsection:
Extension of time for review
(2)The director who made an order under section 21 may extend the time referred to in subsection (1) if the director is of the opinion that doing so is necessary in order to accommodate a person with a disability or advisable for any other reason that the director considers appropriate.
5.Section 27 of the Act is amended by adding the following subsection:
Extension of time by Tribunal
(1.1)The Tribunal may extend the time period specified in subsection (1) for appealing an order made under section 21 or 25 or subsection 33 (8) in order to accommodate a person with a disability or for any other reason that the Tribunal considers appropriate.
6.(1)Paragraph 1 of subsection 33 (8) of the Act is amended by adding subject to subsection (8.1) at the end.
(2)Section 33 of the Act is amended by adding the following subsection:
Extension of time for compliance
(8.1)The director who made an order under subsection (8) may extend the time period referred to in paragraph 1 of that subsection in order to accommodate a person with a disability or for any other reason that the director considers appropriate.
7.Section 35 of the Act is amended by adding the following subsection:
Acceptance of accessible documents
(3)A person with a disability who is required under this Act to provide a notice or other document is entitled to do so in a format that is accessible to the person.
8.Section 39 of the Act is amended by adding the following subsection: Extension of time for comments
(5.1)The Minister may extend the time period referred to in subsection (5) in order to accommodate a person with a disability or for any other reason that the Minister considers appropriate.
Commencement
9.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
Currently, section 10 of the Accessibility for Ontarians with Disabilities Act, 2005 requires the Minister of Economic Development, Employment and Infrastructure to post standards recommended by a Standards Development Committee within 45 days of receiving the proposal.
The proposed amendment would authorize the Minister to extend that 45 day time period in order to accommodate a person with a disability or for any other reason that the Minister considers appropriate.
Section 21 of the Act authorizes a director appointed under the Act (a director) to make orders requiring persons or organizations determined to be in contravention of the Act to comply with section 14 (duty to file annual accessibility reports) or section 17 (duty to file other reports), any applicable standard or regulation, and to do so within the time specified in the Order. A director may also require the person or organization to pay an administrative penalty.
The proposed amendments would authorize a director who has made an order to extend the time period referred to in the order, to accommodate a person with a disability or for any other reason that the director considers appropriate. These amendments would not affect the timing associated with the payment of administrative penalties.
In addition, clause 21(7)(c) would be amended to eliminate reference to the 15 day time period within which an appeal from a directors order may be made to the Licensing Appeal Tribunal; this would complement the amendments proposed in section 5 of this Schedule, below.
Section 22 of the Act requires a director to provide notice of a proposed section 21 order. The notice must include, amongst other things, information about the nature of the order to be made, the steps which the person or organization must take to comply, and the time within which the person or organization may make submissions explaining their alleged failure to comply.
Subsection 22(3) of the Act provides a 30 day time period for the person or organization to make submissions in response to a notice. The proposed amendment to that subsection would authorize a director to extend the time period, to accommodate a person with a disability or for any other reason that the director considers appropriate.
Section 25 of the Act authorizes a director to review, rescind or vary an order within a reasonable time after making an order.
The proposed amendment would authorize the director who made the order to extend that time period to accommodate a person with a disability or for any other reason that the director considers appropriate.
Section 27 of the Act governs appeal rights of persons or organizations affected by an order made under specified sections of the Act. A notice of appeal must be filed with the Licence Appeal Tribunal within 15 days after the day an order is made.
The proposed amendment would authorize the Tribunal to extend the time period for appealing an order to accommodate a person with a disability or for any other reason that the Tribunal considers appropriate.
Section 33 of the Act authorizes the Minister of Economic Development, Employment and Infrastructure to enter into incentive agreements with persons or organizations designed to promote the exceeding of one or more accessibility standards. If a director determines that a person or organization has not complied with one or more requirements of an incentive agreement, the director may make an order requiring compliance within the time period specified by the order and/or payment of an administrative penalty.
The proposed amendment would authorize the director who has made such an order to extend the time period specified in the order to accommodate a person with a disability or for any other reason that the director considers appropriate. This amendment would not affect the timing associated with the payment of administrative penalties.
Section 35 of the Act provides that despite any requirement in the Act that certain notices and documents issued under the Act be in writing, they may be provided in an accessible format upon request.
Proposed new subsection 35(3) would specifically authorize a person with a disability who must provide a document or notice under the Act to provide such document or notice in a format accessible to that person.
Section 39 of the Act provides for regulation-making authority. Subsection 39(4) prohibits the Lieutenant Governor in Council from making a regulation until it has first been made available to the public (e.g. posted on a Government internet site) for at least 45 days. Subsection 39(5) provides for a corresponding 45 day public comment period.
The proposed amendment would authorize the Minister of Economic Development, Employment and Infrastructure to extend the 45 day time period provided for in section 39(5) in order to accommodate a person with a disability or for any other reason that the Minister considers appropriate. SCHEDULE 6 COMPENSATION FOR VICTIMS OF CRIME ACT
1.Section 10 of theCompensation for Victims of Crime Actis amended by adding the following subsection:
Extension of time
(1.1) The Board may accept a request for a hearing and review under subsection (1) made by an applicant after the expiry of the deadline referred to in that subsection, if the Board is satisfied that the delay in making the request was incurred in good faith and that no substantial prejudice will result to any person affected by the delay.
2.Section 15 of the Act is repealed and the following substituted:
Service
15.(1)Any notice or document required to be served on a person under this Act is sufficiently served if it is, (a) delivered to the person personally;
(b) sent by regular or registered mail to the persons last known address; (c) sent by email to the persons last known email address (if any); (d) sent by fax to the persons last known fax number (if any); or (e) served by any other method permitted by the Board.
When service effective: mail, email or fax
(2)Subject to subsection (3),
(a) service by regular or registered mail is effective on the fifth day after the day of sending; and
(b) service by email or fax is effective on the day of sending unless the notice or document was sent after 5 p.m., in which case it is effective on the following day.
Same
(3)If, under clause (2) (a) or (b), the day on which service would be effective is a Saturday or a holiday, service is instead effective on the next day that is not a Saturday or a holiday.
Exception
(4)Subsections (2) and (3) do not apply if the person served, acting in good faith, through absence, accident, illness or other cause beyond the persons control, did not receive the notice or document or received it on a later date.
Commencement
3.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent. Section 10 of the Compensation for Victims of Crime Act governs the process for requesting a hearing and review by the Criminal Injuries Compensation Board. It requires that an application for review be received within 15 days after service of the original decision. The proposed amendment would permit the Board to extend the time period in certain circumstances; this is intended to facilitate accommodations for persons with disabilities, where appropriate.
Section 15 of the Act currently permits service delivery in person or by registered mail. The proposed amendment would provide for multiple methods of service delivery to facilitate accommodations for persons with disabilities.
SCHEDULE 8
EDUCATION ACT
1. Clause 42 (11) (b) of theEducation Actis amended by striking out physical handicap, mental handicap or multi-handicap and substituting disability.
2. Clause 190 (1) (c) of the Act is amended by striking out hearing-handicapped children and substituting children who are deaf or hard of hearing.
3. Subsection 252 (2) of the Act is repealed and the following substituted:
Publication and notice
(2)Within one month after receiving the auditors report on the boards financial statements, the treasurer shall do one of the following:
1. Publish the financial statements and the auditors report on the boards website or, if the board does not have a website, make the financial statements and the auditors report available to those affected by them in another manner that the treasurer considers appropriate.
2. Mail or deliver a copy of the financial statements and auditors report to each of the boards supporters.
Regulations re publication and notice
(2.1)The Minister may make regulations respecting the form in which the financial statements and auditors report shall be published, mailed, delivered or otherwise made available under subsection (2), and respecting any related timelines, and the treasurer shall comply with any such regulations.
4.Subsection 257.28 (8) of the Act is repealed and the following substituted:
Publication of notice of by-law
(8)Before a by-law for borrowing money for a permanent improvement is acted on, notice of the passing of the by-law shall be given,
(a) in a newspaper having general circulation within the separate school zone for three consecutive weeks; and
(b) on the boards website for three consecutive weeks or, if the board does not have a website, in another manner that the board considers appropriate.
Contents of notice
(8.1)The notice of the passing of the by-law shall state,
(a) the purpose for which the money is to be borrowed;
(b) the amount to be borrowed and the security for the amount; and (c) the terms of repayment including the rate of interest.
If no application to quash
(8.2)If no application to quash the by-law is made for three months after publication of notice of the passing of the by-law, the by-law is valid despite any want of substance or form in the by-law or in the time or manner of passing the by-law.
5.Subsection 257.60 (2) of the Act is repealed and the following substituted:
Public meeting
(2)In conducting a review under subsection (1), the board shall ensure that adequate information is made available to the public, and for this purpose shall hold at least one public meeting, notice of which shall be given,
(a) in at least one newspaper having general circulation in the area of jurisdiction of the board; and
(b) on the boards website or, if the board does not have a website, in another manner that the board considers appropriate.
6.Clause 257.64 (4) (a) of the Act is amended by striking out in a newspaper.
7.Clause 257.73 (4) (a) of the Act is amended by striking out in a newspaper.
8.The English version of subsection 295 (8) of the Act is amended by striking out to speak for it at the end and substituting to act as its spokesperson.
9.The English version of clause 303.1 (1) (c) of the Act is amended by striking out people and substituting persons.
10.Section 309 of the Act is amended by adding the following subsection:
Extension of time
(3.1)The supervisory officer may extend the deadline mentioned in subsection (3) if the person requests an extension to accommodate his or her disability.
11.Section 311.2 of the Act is amended by adding the following subsection:
Extension of time
(2)The principal may extend the deadline mentioned in paragraph 1 of subsection (1) if the person requests an extension to accommodate his or her disability.
Commencement
12.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
Clauses 42(11)(b) and 190 (1)(c) of the Education Act use outdated and inappropriate language to describe persons with disabilities. The proposed amendments would update this language. Similar amendments are proposed in sections 8 and 9 of this Schedule.
Currently, subsection 252(2) of the Act requires the treasurer of a school board to publish the boards financial statements and auditors report in a newspaper, mail or deliver them to board supporters, or to make them publicly available in some other manner directed by the Minister of Education.
It is proposed that the treasurer be required to publish the financial statements and auditors report on the school boards website (if the school board has one) or to mail or deliver them to board supporters. If a school board does not have a website, the material would be required to be made available in a manner that the treasurer of the board considers appropriate. This amendment, and similar amendments proposed in this Schedule, are proposed in order to make information more accessible to persons with disabilities.
Proposed new subsection 252(2.1) would authorize the Minister of Education to make regulations on related matters.
Currently, subsection 257.28(8) of the Act provides that, before a by-law for borrowing money for a permanent improvement is acted on by a Roman Catholic school board, notice of the passing of the by-law (together with related information) must be published for three consecutive weeks in a newspaper, and that if no application is made to quash the by-law within three months of the publication, the by-law is valid.
The proposed amendments would require that notice of the passing of such a by-law be given both in a newspaper and on the school boards website. If a school board does not have a website, the notice would be required to be given in another manner that the board considers appropriate.
Subsection 257.60(2) of the Education Act provides that, as part of a review of education development charge policies of a school board, a board shall hold at least one public meeting and that notice of the meeting is to be given in a newspaper.
It is proposed that the subsection be amended so that notice would have to be published both in a newspaper and on the school boards website. If a school board does not have a website, the notice would be required to be given in another manner that the board considers appropriate.
Clauses 257.64(4)(a) and 257.73(4)(a) of the Act deal with notice requirements arising when an education development charge by-law is passed. It is proposed that each clause be amended to reference publication broadly, rather than only publication in a newspaper.
Section 309 of the Education Act governs the process for appealing a principals decision to suspend a pupil. It requires that written notice of an intention to appeal must be given to the designated supervisory officer within 10 school days of the commencement of the suspension. The proposed amendment would permit the supervisory officer to extend the deadline upon request; this is intended to facilitate accommodations for persons with disabilities, where appropriate.
Section 311.2 of the Act governs the process for appealing a principals decision to suspend a pupil in circumstances where there is no recommendation to the school board to expel the pupil. It requires that written notice of an intention to appeal must be given within five school days of receiving a notice under subsection 311.1(9). The proposed amendment would permit the principal to extend the deadline upon request; this is intended to facilitate accommodations for persons with disabilities, where appropriate.
SCHEDULE 10
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
1.The French version of subsection 13 (3) of theFreedom of Information and Protection of Privacy Actis amended by striking out cité and substituting mentionné.
2.(1)Clause 28 (2) (c) of the Act is amended by adding subject to subsection (5.1) after may.
(2)Clause 28 (4) (c) of the Act is repealed and the following substituted:
(c) that the head will, within 10 days after the expiry of the time period for making representations under subsection (5), decide whether or not to disclose the record.
(3)Subsection 28 (5) of the Act is amended by adding subject to subsection (5.1) after may.
(4)Section 28 of the Act is amended by adding the following subsection: Extension of time
(5.1)If the time limit specified in subsection (5) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the head may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of making representations under that subsection.
(5)Subsections 28 (7) and (8) of the Act are repealed and the following substituted:
Decision re disclosure
(7)The head shall decide whether or not to disclose the record or part and give written notice of the decision to the person to whom the information relates and the person who made the request within 10 days after the expiry of the time period for making representations under subsection (5).
Notice of heads decision to disclose
(8)A head who decides to disclose a record or part under subsection (7) shall state in the notice that,
(a) the person to whom the information relates may appeal the decision to the Commissioner within 30 days after the notice of decision is given, subject to subsection (8.1); and
(b) the person who made the request will be given access to the record or part unless an appeal of the decision is commenced within the time period specified in clause (a).
Extension of time
(8.1)If the time limit specified in clause (8) (a) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the head may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of appealing the decision under that clause.
(6)Subsection 28 (9) of the Act is amended by striking out asks the Commissioner to review the decision at the end and substituting appeals the decision to the Commissioner in accordance with clause (8) (a).
3. (1)Subsection 50 (2) of the Act is amended by adding Subject to subsection (2.0.1) at the beginning.
(2)Section 50 of the Act is amended by adding the following subsection:
Extension of time
(2.0.1)If the time limit specified in subsection (2) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the Commissioner may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of making the appeal.
Commencement
4.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
A housekeeping amendment is proposed to be made to the French version of the Freedom of Information and Protection of Privacy Act.
Section 28 of the Freedom of Information and Protection of Privacy Act governs the process for affected third parties to receive notice and make representations regarding the disclosure of records that may affect their interests in relation to information that could qualify for exemption under section 17 (third party information) or section 21 (personal information). It requires that representations from the affected third party be provided within 20 days and that a decision be made by a head (as defined in the Act) within 30 days from the time that the notice is issued. There is also a 30 day time limit for third parties to appeal a heads decision to the Information and Privacy Commissioner.
The proposed amendments to section 28 would permit a head to extend the time periods for receiving representations or for appealing a decision if the time period is a barrier to a person with disabilities; see proposed new subsections 28(5.1) and (8.1). Complementary amendments would alter various references to time periods accordingly.
Subsection 50(2) of the Act provides that appeals to the Information and Privacy Commissioner must be made within 30 days. The proposed new subsection 50(2.1) would permit the Commissioner to extend that time period if the time period is a barrier to a person with disabilities; this is intended to facilitate accommodations for persons with disabilities, where appropriate. SCHEDULE 12 (SECTION 3)
HIGHWAY TRAFFIC ACT
3.Section 50 of the Act is amended by adding the following subsection:
Extension of time to appeal
(3.3)The time to appeal a decision under subsection (3) or (3.1) may be extended by a judge of the Superior Court of Justice or the Divisional Court, as the case may be, before or after the expiration of the time limit set out in those subsections.
Commencement
11.(1)Subject to subsection (2), this Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016receives Royal Assent.
Same
(2)Sections 1, 2 and 4 to 10 come into force on a day to be named by proclamation of the Lieutenant Governor.
Subsections 50(3) and (3.1) of the Act currently provide that certain decisions of the Licence Appeal Tribunal may be appealed to the Superior Court or the Divisional Court within 30 days after notice of the decision is sent out by the Tribunal. However, neither court currently has the discretion to extend the 30 day time limit. Proposed new subsection 50(3.3) would allow those courts to extend the 30 day time limit, to facilitate accommodations for persons with disabilities, where appropriate. SCHEDULE 13
HOMEMAKERS AND NURSES SERVICES ACT
1.The definition of Minister in section 1 of theHomemakers and Nurses Services Actis repealed and the following substituted:
Minister means the Minister of Health and Long-Term Care or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under theExecutive Council Act; (ministre)
2.Clause 6 (b) of the Act is repealed and the following substituted:
(b) for a person with a disability or a person who is elderly, ill or convalescent so that the person may remain in his or her own home; or
3.Section 7 of the Act is amended by striking out in the home of a person who is elderly, handicapped, ill or convalescent and substituting in the home of a person with a disability or a person who is elderly, ill or convalescent.
Commencement
4.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
Section 1 of the Homemakers and Nurses Services Act currently defines the Minister as the Minister of Community and Social Services. A proposed housekeeping amendment to section 1 would update the definition of Minister to refer to the Minister of Health and Long-Term Care or another member of the Executive Council as may be assigned to administer the Act. Responsibility for the administration of the Act was transferred to the Minister of Health and Long-Term Care by Order in Council 1526/2011 made under the Executive Council Act.
Clause 6(b) and section 7 of the Act use outdated and inappropriate language to describe persons with disabilities. The proposed amendments would update this language.
SCHEDULE 17
MUNICIPAL FREEDOM OF INFORMATION AND
PROTECTION OF PRIVACY ACT
1. (1)Clause 21 (2) (c) of theMunicipal Freedom of Information and Protection of Privacy Actis amended by adding subject to subsection (5.1) after may.
(2)Clause 21 (4) (c) of the Act is repealed and the following substituted: (c) that the head will, within 10 days after the expiry of the time period for making representations under subsection (5), decide whether or not to disclose the record.
(3)Subsection 21 (5) of the Act is amended by adding subject to subsection (5.1) after may.
(4)Section 21 of the Act is amended by adding the following subsection:
Extension of time
(5.1)If the time limit specified in subsection (5) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the head may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of making representations under that subsection.
(5)Subsections 21 (7) and (8) of the Act are repealed and the following substituted:
Decision re disclosure
(7)The head shall decide whether or not to disclose the record or part and give written notice of the decision to the person to whom the information relates and the person who made the request within 10 days after the expiry of the time period for making representations under subsection (5).
Notice of heads decision to disclose
(8)A head who decides to disclose a record or part under subsection (7) shall state in the notice that,
(a) the person to whom the information relates may appeal the decision to the Commissioner within 30 days after the notice of decision is given, subject to subsection (8.1); and
(b) the person who made the request will be given access to the record or part unless an appeal of the decision is commenced within the time period specified in clause (a).
Extension of time
(8.1)If the time limit specified in clause (8) (a) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the head may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of appealing the decision under that clause.
(6)Subsection 21 (9) of the Act is amended by striking out asks the Commissioner to review the decision at the end and substituting appeals the decision to the Commissioner in accordance with clause (8) (a).
2.(1)Subsection 39 (2) of the Act is amended by adding Subject to subsection (2.0.1) at the beginning.
(2)Section 39 of the Act is amended by adding the following subsection:
Extension of time
(2.0.1)If the time limit specified in subsection (2) presents a barrier, as defined in theAccessibility for Ontarians with Disabilities Act, 2005, to the person, the Commissioner may extend the time limit for a period of time that is reasonably required in the circumstances to accommodate the person for the purpose of making the appeal.
Commencement
3.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.Section 21 of the Municipal Freedom of Information and Protection of Privacy Act governs the process for affected third parties to receive notice and make representations regarding the disclosure of records that may affect their interests in relation to information that could qualify for exemption under section 10 (third party information) or section 14 (personal information). It requires that representations from the affected third party be provided within 20 days and that a decision be made by a head (as defined in the Act) within 30 days from the time that the notice is issued. There is also a 30 day time limit for third parties to appeal a heads decision to the Information and Privacy Commissioner.
The proposed amendments to section 21 would permit a head to extend the time periods for receiving representations or for appealing a decision if the time period is a barrier to a person with disabilities; see proposed new subsections 21(5.1) and (8.1). Complementary amendments would alter various references to time periods accordingly.
Subsection 39(2) of the Act provides that appeals to the Information and Privacy Commissioner must be made within 30 days. The proposed new subsection 39(2.0.1) would permit the Commissioner to extend that time period if the time period is a barrier to a person with disabilities; this is intended to facilitate accommodations for persons with disabilities, where appropriate.SCHEDULE 19 ONTARIO GUARANTEED ANNUAL INCOME ACT
1.Section 9 of theOntario Guaranteed Annual Income Actis amended by adding the following subsection:
Extension of time
(3.1)The time for serving a notice of objection may be extended by the Minister if the applicant applies for the extension, (a) before the expiry of time allowed under subsection (3); or
(b) within one year after the date of notice of a determination, decision or direction described in subsection (3), if the applicant provides an explanation satisfactory to the Minister explaining why the notice of objection could not be served within the time required by subsection (3) and the Minister agrees to the extension of time.
Commencement
2.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
Section 9 of the Ontario Guaranteed Annual Income Act governs the process for filing a notice of objection under this Act. It requires that a notice of objection be filed within 90 days from the date of the Minister of Finances decision.
The proposed amendment would permit the Minister to extend that time period in certain circumstances. This is intended to facilitate accommodations for persons with disabilities, where appropriate. This is also consistent with the rights of individuals in other Ministry of Finance statutes in which a notice of objection can be filed. SCHEDULE 24 PUBLIC HOSPITALS ACT
1.Subsection 17 (2) of thePublic Hospitals Actis repealed and the following substituted:
Same
(2)Notice of any general or special meeting of the members of the hospital corporation is sufficiently given if it is published on the hospital website for at least two continuous weeks prior to the day of the meeting.
Commencement
2.This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Currently, subsection 17(2) of the Public Hospitals Act provides that notice of any meeting of the members of a hospital corporation is sufficiently given if it is published in a newspaper once a week for two consecutive weeks in the municipalities in which the members of the hospital corporation reside.
It is proposed that subsection 17(2) instead provide that notice of any meeting of the members of the hospital corporation is sufficiently given if it is published on the hospital website for at least two continuous weeks prior to the day of the meeting. This amendment is intended to make such notice more accessible to persons with disabilities; it is proposed to come into force on a date to be proclaimed in order to provide hospitals with time to prepare for its implementation. SCHEDULE 25
PUBLIC VEHICLES ACT
1.Subsection 1 (1) of thePublic Vehicles Actis amended by adding the following definitions:
disability has the same meaning as in theAccessibility for Ontarians with Disabilities Act, 2005; (handicap)
mobility disability means a disability that affects a persons mobility; (handicap lié à la mobilité)
2.Subsections 2 (3) and (4) of the Act are repealed and the following substituted:
Exception
(3)Subsection (1) does not apply to a person transporting only passengers with mobility disabilities in a public vehicle that is specially equipped with a lift or ramp mechanism for the boarding of passengers with mobility disabilities.
Attendant may accompany
(4)An attendant accompanying a passenger with a mobility disability does not preclude the application of subsection (3).
3.Section 5 of the Act is amended by adding the following subsection:
Same, accessible media
(5)If the holder of an operating licence that is required to give notice under subsection (2) or (3) is required by regulation to give further notice in a medium that is accessible to persons with disabilities, the holder shall give that notice in accordance with the regulations.
4.Section 33 of the Act is amended by adding the following clause:
(p) prescribing licensees or classes of licensees that are required to give notice in a medium that is accessible to persons with disabilities and prescribing media, including websites, that are accessible to persons with disabilities, or requirements for such media, for the purpose of subsection 5 (5).
Commencement
5.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
It is proposed that definitions of disability and mobility disability, tied to the definition of disability in the Accessibility for Ontarians with Disabilities Act, 2005, be added to subsection 1(1) of the Public Vehicles Act in connection with other amendments proposed in this Schedule.
The proposed amendments to subsections 2(3) and (4) of the Public Vehicles Act would replace references in those provisions to physically disabled passengers, now considered outdated and inappropriate. Instead, the provisions would refer to the updated term passenger(s) with mobility disability(ies).
Currently, subsection 5(4) of the Public Vehicles Act requires licensed public vehicle companies to give public notice in a newspaper and in posted signs when a scheduled service is discontinued or reduced or is not provided for more than 24 hours.
Proposed subsection 5(5) of the Act would require licensees to give further notice in a medium that is accessible to persons with disabilities, if required by and in accordance with a regulation. A supporting regulation-making power is proposed in section 4 of this Schedule. SCHEDULE 27
SUBSTITUTE DECISIONS ACT, 1992
1.Subsection 1 (1) of theSubstitute Decisions Act, 1992is amended by adding the following definition:
accessible format may include, but is not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities, within the meaning of theAccessibility for Ontarians with Disabilities Act, 2005; (format accessible)
2.(1)The French version of subsection 11 (1) of the Act is amended by substituting nentre en vigueur with ne prend effet in the portion before clause (a).
(2)Section 11 of the Act is amended by adding the following subsections: Accessible format for notice of resignation
(3)If an attorney has reason to believe that a person entitled to receive a copy of the attorneys resignation needs it to be provided in an accessible format, or if the person has requested an accessible format, the attorney shall provide the person with a copy of the resignation in a format that is accessible to that person.
Explanation of resignation
(4)If an attorney has reason to believe that a person entitled to receive a copy of the attorneys resignation needs it to be explained, or if the person has requested an explanation, the attorney shall explain the effect of the resignation to the person.
Effectiveness of resignation not affected
(5)Despite subsections (3) and (4), the attorneys resignation is effective when the copies of the resignation are delivered under subsection (1).
3.Subsection 16.1 (3) of the Act is amended by striking out paragraph 1, 3 or 4 of section 20 and substituting paragraph 1, 3 or 4 of subsection 20 (1).
4.Section 20 of the Act is amended by adding the following subsections:
Accessible format for notice of resignation
(2)If a statutory guardian of property has reason to believe that a person entitled to notice of the guardians resignation under subparagraph 2 i of subsection (1) needs it to be provided in an accessible format, or if the person has requested an accessible format, the guardian shall provide the person with a copy of the notice in a format that is accessible to that person.
Explanation of resignation
(3)If a statutory guardian of property has reason to believe that a person entitled to notice of the guardians resignation under subparagraph 2 i of subsection (1) needs it to be explained, or if the person has requested an explanation, the guardian shall explain the effect of the resignation to the person.
Effectiveness of resignation not affected
(4)Despite subsections (2) and (3), the statutory guardianship of property is terminated when notice of the guardians resignation is given under paragraph 2 of subsection (1).
5.Section 52 of the Act is amended by adding the following subsections:
Accessible format for notice of resignation
(3)If an attorney has reason to believe that a person entitled to receive a copy of the attorneys resignation needs it to be provided in an accessible format, or if the person has requested an accessible format, the attorney shall provide the person with a copy of the resignation in a format that is accessible to that person.
Explanation of resignation
(4)If an attorney has reason to believe that a person entitled to receive a copy of the attorneys resignation needs it to be explained, or if the person has requested an explanation, the attorney shall explain the effect of the resignation to the person.
Effectiveness of resignation not affected
(5)Despite subsections (3) and (4), the attorneys resignation is effective when the copies of the resignation are delivered under subsection (1).
Commencement
6.This Schedule comes into force on the day theJobs for Today and Tomorrow Act (Budget Measures), 2016 receives Royal Assent.
Section 11 of the Substitute Decisions Act, 1992 currently requires an attorney under a continuing power of attorney for property to deliver a copy of any resignation to persons identified in subsection 11(1). The proposed amendments to section 11 would require that the notice of resignation be given in an accessible format if the attorney has reason to believe the person entitled to receive the resignation requires it in an accessible format or if the person entitled to the resignation requests it in an accessible format. In addition, if the resigning attorney has reason to believe the person entitled to a copy of the resignation needs it to be explained, or if the person requests an explanation, the attorney would be required to explain the effect of the resignation.
Section 20 of the Act currently requires a guardian of property who wishes to resign to give notice of that resignation to the person for whom the guardian is acting and to the Public Guardian and Trustee. The proposed amendments to section 20 would require that the notice of resignation be given in an accessible format if the guardian has reason to believe the person entitled to receive the resignation requires it in an accessible format or if the person entitled to the resignation requests it in accessible format. In addition, if the resigning guardian has reason to believe the person entitled to a copy of the resignation needs it to be explained, or if the person requests an explanation, the guardian would be required to explain the effect of the resignation.
Section 52 of the Act currently requires an attorney under a power of attorney for personal care to deliver a copy of any resignation to persons identified in subsection 52(1). The proposed amendments to section 52 would require that the notice of resignation to be given in an accessible format if the attorney has reason to believe the person entitled to receive the resignation requires it in an accessible format or if the person entitled to the resignation requests it in an accessible format. In addition, if the resigning attorney has reason to believe the person entitled to a copy of the resignation needs it to be explained, or if the person requests an explanation, the attorney would be required to explain the effect of the resignation.