Submission Of The Ontario Human Rights Commission Concerning Barrier-Free Access Requirements In The Ontario Building Code
March 1, 2002
This submission is in response to the Ministry of Municipal Affairs and Housing’s (MAH) public consultation on the accessibility provisions of the Ontario Building Code (the “Building Code”).
The Commission commends MAH for undertaking this very timely initiative, especially in light of the recent passage of the Ontarians with Disabilities Act, 2001 (the “ODA”). It has become increasingly clear to the Commission that the barrier-free requirements in the current Building Code have not been sufficient to achieve the degree of integration and full participation for persons with disabilities that is intended by the Ontario Human Rights Code (the “Human Rights Code”). Indeed, persons with disabilities, and others who can benefit from increased accessibility such as older persons and persons with young children, continue to face significant barriers accessing facilities and services in Ontario. Moreover, those responsible for providing access often rely only on the requirements of the Building Code without due consideration of their obligations under the Human Rights Code. It is therefore hoped that a revised Building Code, in particular one that reflects human rights-based notions of accessibility, will better achieve what most of us take for granted, namely the opportunity to fully participate in and contribute to the development and well-being of this province.
It is the Commission’s view that a revision to the Building Code represents an opportunity for MAH to translate several important developments in the field of disability rights into concrete results that can immediately begin to benefit the people of Ontario. The Commission’s recent Policy and Guidelines on Disability and the Duty to Accommodate, the newly enacted ODA, and the government’s Vision Statement Independence and Opportunity: Ontario’s Vision for Persons with Disabilities all demonstrate our collective commitment to “move steadily towards a province in which no new barriers to persons with disabilities are created and existing ones are removed.” There is perhaps no better way to ensure that no new barriers are created in the design and construction of new buildings in Ontario, and in renovation to existing buildings, than to create as progressive a Building Code as is possible.
This submission endeavours to respond to the specific questions posed in MAH’s Consultation Paper based on the human rights principles which should guide any undertaking of Building Code reform as well as to raise any other issues of concern to the Commission. As the Commission does not have expertise in specific barrier-free requirements, the submission does not purport to set out specific standards and requirements, although those we are aware of will be mentioned.
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