Barrier Free Manitoba

Still Rooms for Significant Improvement

Barrier-Free Manitoba released the report from its preliminary review of Bill 26. The review identified many very positive features of the proposed legislation. It also identified ways the Bill can and should be improved.

The report from the review identifies sixteen very positive features of Bill 26 (see below). The report also highlights six areas were changes can and should be made to make Bill 26 even better. The complete report from the review is available for download (Word / PDF).

More information on the areas identified for improvement can be found at http://www.barrierfreemb.com/improvebill26,

The Best Things About Bill 26

It includes an extended “Whereas” section that covers the compelling need for, the significant benefits expected from and the overall intent of the proposed law.

It incorporates four foundational principles including clear statements that:

• Persons with disabilities should have barrier-free access to those things that will give them equality of both opportunity and outcome.
• The responsibility for preventing and removing barriers to accessibility rests not with those faced by them but rather with the systems and parties responsible for establishing and perpetuating them.

It provides a framework for action to realize the existing rights of Manitobans with disabilities as set out in the Manitoba Human Rights Code, and ensures that this new law does not diminish those rights.

It aims to address a range of disabilities, not just physical disabilities.

It refers to disability, for the most part, not in medical terms, but in terms of being disabled by barriers in society.

It enables the enactment of accessibility standards by regulations that specify what barriers must be prevented or removed and that will apply to all sectors.

It requires that the accessibility standards be developed in consultation with people with disabilities and with organizations that must remove and prevent barriers.

It requires that the provision with the higher level of accessibility will prevail should the accessibility standards conflict with provisions in any other legislation, regulation or policy.

It centralizes the development of accessibility standards in one single council.

It sets out a process whereby all accessibility standards must be reviewed and updated at least every five years.

It includes a range of important measures to provide for the public availability of information on the implementation of the proposed law.

It makes one specific minister responsible for the overall implementation of the proposed legislation.

It requires that public sector bodies, including municipalities, develop and publish accessibility plans addressing the identification, prevention and removal of barriers.

It provides mechanisms for the active enforcement of accessibility standards enacted under this proposed law.

It provides for administrative penalties for non-compliance and maximum $250,000 fines for parties found guilty of an offence under the new law.

It requires an independent and comprehensive review of the effectiveness of the proposed law four years after it is passed and every five years thereafter. All reports from the reviews must be made public.