Disability in Canada

Stats Canada reports that 22% of Canadians, or 6.2 million people, have at least one disability. (www150.statcan.gc.ca) This means that if there were five people in a room, at least one would be a person with a disability.

Disability does not discriminate; it is a reality that some experience everyday and that others may eventually come to experience. The Federal Disability Reference Guide from the Government of Canada explains that, “Disability is a complex phenomenon, reflecting an interaction between features of a person’s body and mind and features of the society in which they live. A disability can occur at any time in a person’s life; some people are born with a disability, while others develop a disability later in life. It can be permanent, temporary, or episodic. Disability can steadily worsen, remain the same, or improve. It can be very mild to very severe. It can be the cause, as well as the result, of disease, illness, injury or substance abuse.”

The Accessible Canada Act (Bill C-81)

On June 21, 2019, the Accessible Canada Act (ACA) (Bill C-81) received Royal Assent and became law. The ACA came into force on July 11, 2019 and became the first nationwide accessibility legislation in Canada. This landmark legislation displays the Canadian Government’s commitment to ensuring an accessible Canada for all Canadians with disabilities. In contrast, the United States of America passed the Americans with Disabilities Act over 30 years ago on July 26, 1990. The passing of the ACA is a great first step, but there is still a lot that needs to be done.

The ACA aims to make Canada barrier-free by January 1, 2040, by identifying, removing, and preventing barriers in federal jurisdiction, in the following priority areas:

• Employment;
• The built environment (buildings and public spaces);
• Information and communication;
• Communication, other than information and communication technologies;
• The procurement of goods, services, and facilities;
• The design and delivery of programs and services; and
• Transportation (airlines, rail, road and marine transportation that cross provincial or international borders).

The ACA applies specifically to organizations under federal jurisdiction including:

• The Government of Canada (i.e. departments, agencies, and Crown corporations, etc);
• Private sector organizations that are regulated by the Government of Canada such as banks; airlines, rail, road and marine transport that cross provincial or international borders;
• Broadcasting and telecommunications sectors;
• The Canadian Forces and the Royal Canadian Mounted Police; and
• Parliament (i.e. House of Commons, Senate, Library of Parliament, and Parliamentary Protective Service).

A full summary of the ACA including its purpose, application, planning and enforcement can be found here –  https://www.canada.ca/en/employment-social-development/programs/accessible-canada/act-summary.html

An important part in ensuring the success of the ACA is the creation of accessibility standards for the priority areas. Accessibility Standards Canada (ASC), formerly known as the Canadian Accessibility Standards development Organization (CASDO), is currently establishing technical committees to develop the standards, with some standards already underway.

Regarding  standards, designers that work on federal projects (i.e. Architects, Interior Designers, etc.) will need to be aware of and understand the standards, relating to the built environment for buildings and public spaces. However, there are no built environment accessibility standards currently available under the ACA. So, it is often asked, “How do we comply with the ACA in the area of built environment accessibility with no standards to follow?” In short, until accessible built environment standards are available, designers should continue to follow the barrier-free requirements of the National Building Code of Canada (NBC) and the CSA B651 Accessible Design for the Built Environments Standard.

Federal Accessible Built Environment Requirements

Currently, projects under federal jurisdiction, or Crown projects that involve the built environment are subject to the accessibility requirements outlined in Section 3.8. of the NBC, as well as the design criteria of the CSA B651 Accessible Design for the Built Environment Standard mandated through the Treasury Board Policy on the Management of Real Property. Note that this will likely change when the ACA standards are established and adopted.

The CSA B651 standard is widely known across Canada as a best practice standard for accessible design and is also referenced in many provincial codes, including the British Columbia Building Code (BCBC), the Vancouver Building Bylaw (VBBL) and the National Building Code of Canada: Alberta Edition (NBC-AE). However, although the CSA B651 is deemed as a best practice standard, it is important to note that Building Codes like the NBC and best practice standards like the CSA B651 are amended and updated on varying schedules/timeframes. This means that the NBC, which outlines the minimum requirements, may have requirements that are more stringent than that of the CSA B651, at certain points in time. This can create confusion and a false sense of confidence that if the “best practice” requirements are followed a project will be complying with or exceeding the minimum requirements.

In addition, it is also important to consider that provincial Building Codes may also apply to where a project is submitted for a building permit at the municipal level. Although Crown properties are not required to follow provincial Building Codes, if the project is submitted for a building permit, permit reviewers will review and flag drawings for compliance with the respective provincial Building Code. This can further compound the confusion for designers as there are varying requirements for accessibility across Canada that do not necessarily align with the NBC or the CSA B651.

As a result, it is important to complete a comparative analysis of all the required codes and standards, in order to establish the accessible design criteria that will employ the highest level of accessibility.

Disability is not something that can be controlled, making an accessible built environment a crucial part of providing dignity empowerment to people with disabilities. Designers should push beyond the minimum requirements, consult with people with disabilities, and employ better practice standards to help create equitable built environments for everyone.