International frameworks, government regulation, or industry or civil society codes or accreditation can significantly influence accessibility.  Click each subheading to explore International, Indigenous, Federal, Provincial, and Municipal Frameworks.

International Frameworks

“Upholding the rights and ensuring the full inclusion of the world’s 1 billion persons with disabilities is not only a moral imperative, but a practical necessity.”

– António Gutierrez, UN Secretary General ^[1]

Canada is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).  It is notable in that no UN convention has had as many signatories on the first day of its declaration; in this case 84 countries signed on December 13, 2006.  Canada was not, however, among these initial signatories, but did sign the following year.  Article 9 of the convention pertains to accessibility, requiring states to provide equal access to facilities and services.  Article 9 is included as Appendix D.  In 2018, Canada also signed on to the Optional Protocol that accompanied the UN CRPD, which provides Canadians with additional recourse to launch a complaint to the UN Committee on the Rights of Persons with Disabilities, if they believe their rights under the Convention have been violated.

The UN Sustainable Development Goals (UN SDGs) contain three specific provisions relating to disability: 4.a) Build disability sensitive education facilities; 11.2 Provide accessible transport systems; and 11.7 Provide accessible public and green spaces. The UN’s Disability and Development report notes that virtually all of the SDGs impact or implicate people with disabilities, noting further that they are disadvantaged with respect to most of the SDGs.^[2] The UN also has a Disability Inclusion Strategy (UNDIS) to promote inclusion within all UN agencies.

There are a number of other key pieces of international policy that impact Canada. The International Covenant on Economic, Social and Cultural Rights (ICESCR), for example, undergirds the rationale for and design of Bill C-22, the Canadian Disability Benefit, recently enshrined into legislation.^[3]  The 2013 Marrakesh Treaty is a legally binding international agreement under the World Intellectual Property Organization (WIPO) that aims to increase access to published works for persons who are blind, visually impaired, or otherwise print disabled.^[4]  The World Health Organization created and stewards the International Classification of Functioning, Disability and Health (ICF), which provides a framework for measuring health and disability at both individual and population levels.  The International Code Council develops global standards for building safety and accessibility codes.^[5]  In the 1950s, there were about 30 “disorders” catalogued by the DSM, ballooning to over 300 by the 1980s, with the number now well into the thousands.  Neurodiversity scholar and activist Temple Grandin (also a brilliant systems thinker) has observed that this DSM bloat is a function of the growth and influence of the pharmacological industry, and a broader tendency of society to medicalize and pathologize deviance from the norm rather than build an education and community support system that truly supports neurodiversity.  The use of user-centered, decentralized, customizing design frameworks (discussed in the previous section) could transform education, and ultimately other societal priorities like innovation, productivity, sustainability, and social mobility.

Europe and the U.S.

Internationally, Europe has the strongest legislative commitment to accessibility, with 95% of Europe’s nations having accessibility guidelines and standards.  The European Union’s European Disability Act took effect in 2019.^[6] The laws, regulations and administrative provisions necessary to be in compliance had to be adopted by member states last year, and must be in force by 2025.  There are also a set of European Harmonized Accessibility Standards for digital accessibility, mandated for all public procurement processes in the EU.  These standards cover a greater range of technologies than the WCAG 2.1 guidelines.^[7]

The 1990 American Disabilities Act (ADA), updated in 2008, is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and with respect to all places (whether public, nonprofit, or commercial) that are open to the general public. The ADA had broad bi-partisan support, and the day it was passed then-Senator Tom Harkin, who’s brother was deaf, delivered the first speech in Congress entirely in American Sign Language.^[8]

Indigenous Governments

Indigenous nations have a long history of addressing accessibility.  For example, going back to well before contact with the Europeans, many Indigenous nations had sign languages.  Perhaps the best well known, still being used today, is Plains Sign Language (PSL).^[9]

Although the level and nature of support varies substantially among the over six hundred First Nations in Canada, some Indigenous governments provide support to people with disabilities. Some communities offer specialized health services for individuals with disabilities, including rehabilitation and therapy services, as well as traditional healing practices, while some also provide support services such as personal care services, home modifications, and assistive technology.  Some Indigenous governments, training bodies,  and economic development organizations offer education and training programs to help individuals with disabilities reach their full potential, including job skills training and life skills development. For example, the Community Futures Treaty 7 Disability Employment Program “works towards the increased employment inclusion of First Nations People with disabilities through innovation, community engagement, partnership development and capacity-building. CFT7 delivers culturally appropriate programs for persons with disabilities and those facing multiple barriers and residing in urban and rural areas within the Treaty Seven territory.”^[10] Indigenous communities may also provide programs to promote community inclusion for individuals with disabilities, including cultural activities, sports and recreation, and community engagement opportunities.

Indigenous Disability Canada (IDC) is run out of the BC Aboriginal Network on Disability (BCAND) and hosts a periodic national Indigenous Disability and Wellness Gathering.^[11]  BCAND, formed in 2015 as Canada’s only province-wide Indigenous disability organization (so far, at least), also declared November to be Indigenous Disability Awareness Month. Indigenous Disability Awareness Month is now recognized by a number of provinces and territories, organizations (e.g. the Assembly of First Nations), as well as many companies.

Federal Government

In Canada, there are laws and policies at all levels aimed at enhancing accessibility, or that protect the rights of people with disabilities to participate more fully in society and the economy, but the tone is set by the federal government, the signatory to international covenants and commitments.

A Special Parliamentary Committee on the Disabled and the Handicapped, tabled a report in 1981 entitled Obstacles which was ahead of its time in affirming a “social model of disability”.^[12] The Charter of Rights and Freedoms provides high level protection from discrimination for those with disabilities, as does the Canada Human Rights Act and the Employment Equity Act. Canada’s ratification of the UN CRPD in 2010 means that it has committed to developing national accessibility legislation.  This was done in the form of the Accessible Canada Act (ACA), which came into force in 2019.  The Act aims to achieve a barrier-free Canada by 2040.  The ACA makes federal government buildings, services, and communications accessible to people with disabilities.  Although municipalities and provincial governments are the primary regulators with respect to the built environment, the National Building Code, last updated in 2020, describes universal standards for accessibility requirements, in areas such as “barriers related to anthropometrics, plumbing facilities, signage, entrances and elevators.”^[13]

In addition to statutes, there are a number of other important federal policy initiatives. The new Disability and Inclusion Action Plan, is a comprehensive, whole-of-government approach to disability inclusion guided by the ACA and the international commitments referenced previously.^[14]  The Plan has four main pillars of activity: financial security, employment, accessible and inclusive communities, and a modern approach to disability.  It also has "five key objectives:

• • improve the social and economic inclusion of persons with disabilities
  • reduce poverty among persons with disabilities
  • achieve the Accessible Canada Act goal of a barrier-free Canada by 2040
  • develop a consistent approach to disability inclusion across the Government of Canada and make it easier for persons with disabilities to access federal programs and services, and
  • foster a culture of disability inclusion."^[15]

Accessibility Standards Canada is a new entity created under the ACA to create accessibility standards for federally-regulated entities and federal organizations, including government buildings, banks, and courts.^[16]  The Elections Canada Accessibility Plan outlines steps to ensure that elections are accessible to all Canadians, including those with disabilities.  In April, 2022, Michael Gottheil was appointed Canada’s first Accessibility Commissioner to the Canadian Human Rights Commission, and in May, 2022 Stephanie Cadieux, a former BC Provincial Cabinet Minister, began a four-year term as Canada’s first Chief Accessibility Officer.^[17]

Previous federal governments introduced a number of reforms that expanded recognition of people with disabilities.  For example, the Mulroney government created the first ministerial portfolio expressly about disability, and introduced tax deductions on disability-related expenses, as well as financial support to disability sector civil society groups.  The Chretien government established a Taskforce and Office on Disability, and the Harper government introduced the Registered Disability Savings Plan (RDSP).  Although replaced recently in the portfolio, the minister responsible for Minister of Employment, Workforce Development and Disability Inclusion under most of the Justin Trudeau government was occupied by someone living with disability - Carla Qualtrough.

Other federal policies and programs, while not focused on accessibility per se, nonetheless enable a more empowered disability community, some focusing specifically on veterans.  The Opportunities Fund for Persons with Disabilities, which provides various supports and wage subsidies, was recently doubled. The Enabling Accessibility Fund (EAF) provides funding for projects that make Canadian communities and workplaces more accessible.  The Disability Action Plan notes that “improved financial security is the most urgent priority… people simply do not have enough money to live a comfortable life… leading to feelings of exhaustion, hopelessness, and anger.”^[18]  The federal government early in the Pandemic pledged as well to create a Canada Disability Benefit, entered into law in Fall of 2023, which is a new federal income supplement targeted to working-age people with disabilities.  The benefit will begin rolling out sometime in 2024 or 2025.  The big questions regarding the Disability Benefit are how much it will cost and how effective it will be in eliminating poverty for those with disabilities.  Scotiabank estimates it would require between four and five billion dollars annually “just to lift those living in deep poverty—estimated at 550,000 individuals—to the poverty threshold.”^[19]  The real number invested is likely to be substantially less than this.

Provincial Governments

Some provinces have passed accessibility legislation aiming to remove barriers preventing full participation.  However, the robustness of these policies is highly variable, with only the most recent coming close to the standards outlined in the Accessible Canada Act.  The most recent notable statutes include Ontario’s Accessibility for Ontarians with Disabilities Act (passed in 2005), which requires that organizations in Ontario make their buildings and services accessible to people with disabilities by 2025, as well as Manitoba’s Accessibility for Manitobans Act (2013), and Nova Scotia’s Accessibility Act (2017).  This means that - thus far - only Ontario, Manitoba and Nova Scotia define accessibility standards for all businesses and institutions.  The British Columbia Accessibility and Inclusion Charter is probably the one other noteworthy policy, which sets out the government's commitment to accessibility and inclusion for people with disabilities in British Columbia.

Alberta

In Alberta, there is no accessibility statute per se, but a number of legislative frameworks reference accessibility. The Persons with Developmental Disabilities Program Act, for example, governs financial assistance and support services for individuals with developmental disabilities. Most important is the Alberta Human Rights Act, which prohibits discrimination on the basis of disability, and requires employers and providers of public services to accommodate the needs of individuals with disabilities. However, the Act does not establish an active duty to accommodate people living with disabilities,^[20] which is fast becoming the norm elsewhere in Canada.  There is currently no legislation in Alberta that deals expressly with accessibility^[21] (to nearly the extent that Ontario, Manitoba, Nova Scotia do, and soon BC and Newfoundland and Labrador will).^[22]  However, there is an active grassroots campaign underway - under the banner Barrier-Free Alberta - to bring in comprehensive accessibility legislation.^[23]  The Premier’s Council on the Status of Persons with Disabilities provides advice to the provincial government about opportunities for persons with disabilities to participate equally and fully in society, but there is no indication at this point that new legislation is in the works. In some provinces, including Alberta, the Disability Advocate Office is another way for people to access services and navigate support.^[24]

Local Municipal Government

The City of Calgary’s Corporate Accessibility Policy guides the provision of services for people with disabilities.^[25]  City Council takes advice on broad policy, facilities, and service questions from an Advisory Committee on Disability, as well as an Access Design Subcommittee.  The transit authority, airport authority, and policy board also have separate advisory boards on accessibility and disability.  The City of Calgary has several by-laws that pertain to accessibility and to people with disabilities, including the municipal Building Code (which includes accessibility requirements for new construction and renovations of buildings, including provisions for ramps, elevators, and accessible washrooms), Accessibility Design Standards (which set guidelines for accessible design in the public realm, including sidewalks, curb cuts, and pedestrian crossings), the Parking By-Law (which requires that accessible parking spaces be provided in all publicly accessible parking lots, with designated signage and markings), and the Animal Control By-Law (which allows for service animals to be exempt from leash and muzzle requirements when accompanying individuals with disabilities). The City of Calgary also provides annual awards for advocacy and for universal barrier-free design. The City of Calgary has also struck  a Social Wellbeing Advisory Committee with the goal to provide guidance to City Council and Administration on how to reduce barriers (related to age, ability, religion, race, sexual orientation, gender identity, gender expression, socio-economic status or heritage) and improve service delivery for all Calgarians.^[26]