Disability Alliance BC

April 14, 2022

Disability Alliance BC (DABC) wishes to first express our support and appreciation of the actions the BC Government is taking to move forward with the implementation of the Accessible BC Act (ABCA). Since the Act became law in May 2021, the BC Government has successfully appointed a Provincial Accessibility Committee and has begun developing regulations under the Act.

When the ABCA was first introduced in BC’s Legislative Assembly as “Bill 6” in early May 2021, DABC and a group of disability advocacy organizations produced a review document outlining our six major concerns with the bill. This review can be found on DABC’s website here: https://disabilityalliancebc.org/wp-content/uploads/2021/05/Disability-Alliance-BC-Review-on-Bill-6.pdf

In a recent news announcement, the BC Government has contracted DABC over the course of the next three years to allocate, distribute and administer one-time grants to Hub Organizations that will provide support to Prescribed Organizations under Part 3 of the Accessible BC Act.

The BC Government has announced that over 750 organizations in the public sector have been listed as Prescribed Organizations under Part 3 of the ABCA. The Government and each of these organizations will be required to create an accessibility committee, an accessibility plan, and a public feedback mechanism on accessibility. These Prescribed Organizations come from the following areas of the public sector: school districts, municipalities, municipal police, libraries, post-secondary institutions, health authorities, crown agencies, tribunals and other independent agencies, boards and commissions under the BC Government.

DABC believes this is a good start in implementing Part 3 of the Act, and encourages the BC Government to consider expanding its list of Prescribed Organizations to the private sector in future. DABC notes that accessibility legislation in Manitoba and Nova Scotia has taken a similar approach as BC in prescribing only public sector organizations to create accessibility plans, however we wish to point out that the Accessibility for Ontarians with Disabilities Act requires all organizations that provide goods or services to the public, with more than fifty employees, to create accessibility plans (this includes private businesses and non-profit organizations) [1]. The federal Accessible Canada Act (ACA) requires all federally regulated organisations [2] with 10 or more employees, including private businesses, to create accessibility plans.

DABC raises the concern that without the involvement in the private sector in creating accessibility plans and public feedback mechanisms on accessibility, Part 3 of the ABCA may have less of a direct effect on meaningfully addressing barriers to accessibility in many essential areas, for example, at grocery stores, pharmacies, malls and shopping centres, taxis and privately-owned bus services. The benefit of accessibility plans and having a public feedback mechanism on accessibility for private businesses is that they empower consumers to express their accessibility expectations and ensure that there is appropriate follow up when their accessibility needs are not met.

DABC acknowledges that it is possible for the BC Government to prescribe certain organizations in the private sector under Part 4 of the ABCA, which covers the accessibility regulations across the following standards: employment; delivery of services; the built environment; information and communications; transportation; health; education; and procurement. We express our hope that these regulations will involve meaningful participation by the private sector in working towards eliminating barriers and promoting accessibility through every level of our society.

However, as Part 4 of the ABCA is separate from the requirement under Part 3 to create an accessibility committee, an accessibility plan, and a public feedback mechanism on accessibility, DABC advocates for the expansion of Prescribed Organizations under Part 3 to be inclusive of the private sector in future.

Download this statement here.

[1] https://www.ontario.ca/page/how-create-accessibility-plan-and-policy

[2] This can include such federally regulated businesses as banks, telecommunication companies and airlines, for example.