There are several provincial and federal laws that are relevant to the treatment and rights of persons with disabilities. Contact the Office of the University Advisor on Equity, the Human Rights Office, and/or Queen’s Legal Aid for more information about disability and the law. The Arch Legal Resource Centre for Persons with Disabilities (www.archlegalclinic.ca) also has useful information on relevant legislations.
The Ontario Human Rights Code (1962) is a provincial law that gives all persons equal rights and opportunities in specific areas (e.g. employment, education, etc.), and freedom from discrimination on the basis of race, sex, “handicap,” and thirteen other grounds. The enforcement and administration of the Code is undertaken by the Ontario Human Rights Commission (www.ohrc.on.ca), while a board of inquiry separate from the Commission makes the ultimate decision when a complaint is brought forward under the Code.
Full text of the Ontario Human Rights Code (http://192.75.156.68/DBLaws/Statutes/English/90h19_e.htm)
Plain language Guide to the Ontario Human Rights Code (www.ohrc.on.ca/english/publications/hr-code-guide.shtml)
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The Ontarians with Disabilities Act (2001) is a provincial law that requires organizations such as municipalities, hospitals, and educational institutions to create annual accessibility plans in consultation with persons with disabilities that identify and plan for the elimination and prevention of existing and formulating barriers to their participation. Under the Act, barriers can take any of the following forms: physical, architectural, informational, communicational, attitudinal, technological, and those created by policies or practices. It uses the same definition of disability as the Ontario Human Rights Code (link to previous section above). The Act also includes provisions for the government of Ontario to enhance the accessibility of its buildings, resources, and services. The current provincial government is reviewing the Act and considering proposals to strengthen it.
Full text of the Ontarians with Disabilities Act (www.gov.on.ca/citizenship/accessibility/english/act2001.htm)
Plain language Guide to the Ontarians with Disabilities Act (www.gov.on.ca/citizenship/accessibility/engliish/guide.htm#intro)
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The Ontario Disability Support Program Act (1997) creates a separate program for income and employment support for eligible persons with disabilities. It removes persons with disabilities from the welfare system and assists them by recognizing their unique needs.
Full text of the Ontario Disability Support Program Act (www.e-laws.gov.on.ca/DBLaws/Regs/English/980222_e.htm)
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The Blind Persons’ Rights Act (year) prohibits discrimination against blind persons who use guide dogs in the areas of services, accommodation, facilities, and occupancy. The Act ensures that persons who are blind have the right to be accompanied by their guide dogs in public places as well as their own private dwellings. It also prohibits persons who are not blind from using white canes.
Full text of the Blind Person’s Rights Act (www.e-laws.gov.on.ca/DBLaws/Statutes/English/90b07_e.htm
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The Canadian Charter of Rights and Freedoms (year) ensures that persons with disabilities are equal before and under the law, and that persons with disabilities have the right to equal protection and benefit of the law. The Charter is a federal document that applies to laws made at both the federal and provincial level in Canada. It requires that none of these laws be discriminatory on the basis of disability (and a host of other categories such as sex, religion, race, etc.).
Full text of the Canadian Charter of Rights and Freedom (http://laws.justice.gc.ca/en/charter)
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The Employment Equity Act (1995) obligates federal employers to remove barriers to the participation of members of designated groups in their workplace and to institute policies and practices and make accommodations so that members of designated groups can achieve representation in occupational sectors of federal workplaces that roughly reflects their representation in the population of Canada. The following four groups are designated under the act: women, persons with disabilities, members of visible minorities, and aboriginal peoples.
Full text of the Employment Equity Act (http://laws.justice.gc.ca/en/E-5.401/index.phpl)
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The Federal Contractors Program is a federally-run program that was created in 1986. It applies to provincially-regulated employers in Canada with a national workforce of more than one hundred employees, which receive federal grants of $200,000 or more. In order to have the right to bid on federal contracts, the organizations must commit themselves in writing to the principles of employment equity. If contractors do not honour their commitment to employment equity and are found to be in non-compliance with the program, they may lose the right to bid on federal contracts.
For more information on the Federal Contractors Program, contact the Office of the University Advisor on Equity.
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The Office of the University Advisor on Equity coordinates and delivers training in these area. You can request training for your department that will cover disability issues in general, successful accommodation in the classroom and workplace, how to look for and remove barriers to people with disabilities, legal obligations in improving accessibility and etiquette. Click here to access the online form to request training and provide us information that will help us customize a training package to suit your needs.
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