Does the Accessible British Columbia Act, SBC c 19 (ABCA) apply to your charity? For many charities, it does not; but, if your charity is an independent school or a post-secondary education institution, the ABCA does apply.

Part 3 of the ABCA, entitled “Accessible Organizations” lists to whom the ABCA applies. It applies to two groups:

• the government (s 8(a)), and
• prescribed organizations and organizations in prescribed classes (s 8(b)).

What are prescribed organizations and prescribed classes?

Prescribed organizations and prescribed classes are listed in BC Reg 105/2022, Accessible British Columbia Regulation, section 3 (sidenote: when you see “prescribed” in a piece of legislation, that means further information is included in a related regulation).

Government & Administrative Bodies

Section 3(a) lists (by reference) a Schedule of prescribed government and administrative bodies. This includes organizations such as BC Pension Corporation, Community Living British Columbia, Elections BC, the Employment Standards Tribunal, First Nations Health Authority, Labour Relations Board, Office of the Ombudsperson, Public Guardian and Trustee, Workers’ Compensation Board, etc. (effective either Sept 1, 2023 or 2024).

Specific Organizations

Section 3(b) lists specific organizations (effective Sept 1, 2023):

• francophone school districts;
• independent schools;
• municipal police departments;
• municipalities;
• post-secondary education institutions;
• public libraries;
• regional districts; and
• school districts

Health Authorities

Section 3(b) of the above Regulation lists health authorities as prescribed organizations (effective Sept 1, 2024).

IMPORTANT! Be sure to review the ABCA to determine whether and what responsibilities your organization may have.

If yes, what does your charity need to be doing?

Establish an Accessibility Committee

The government and prescribed organizations must establish an accessibility committee. The accessibility committee must – to the extent possible – be made with the following goals (section 9(2)):

1. At last half the members are persons with disabilities or who support (or are from organizations that support) persons with disabilities
2. Reflect the diversity of persons with disabilities
3. At least one member is Indigenous
4. Reflects the diversity of BC generally

While neither section 9 of the ABCA or the Regulation seem to have a specific date for establishing committees, BC’s AccessibleBC page notes that “In September 1, 2022, over 750 organizations will have to develop an accessibility committee, accessibility plan and public feedback tool.”

Either way, with compliance deadlines less than 1 or 2 years away, it would be advisable to have the committees in place in a timely manner.

Work of the Accessibility Committee

The Accessibility Committee must do two things (section 9(1)):

1. Identify barriers for people who interact with or are within the organization
2. Advise the organization on how to remove those barriers

Work of the Organization

An organization needs to:

1. Develop a plan to identify, remove and prevent barriers to access (s 11(1))
2. Consult its accessibility committee in plan development (s 11(4))
3. Must take into account inclusion, adaptability, diversity, collaboration, self-determination, and universal design in the plan (s 11(3))
4. Establish a process for receiving public comments on its accessibility plan and barriers (s 12)
5. Review and update its accessibility plan at least once every 3 years (s 11(2))
6. Consult its accessibility committee when updating its plan (s 11(5)(b))
7. Consider public feedback when updating its plan (s 11(5)(a))

If not, what should your charity be doing?

Even if your charity isn’t formally required to do so, it is best practice to identify, remove, and prevent barriers to access. For Christian charities in particular, a sincere desire for full inclusion of people with disabilities is a beautiful way to show the love of Christ. It’s also a very practical application of a belief in the inherent worth and dignity of all people. And, it’s a great opportunity to lead by example in how to treat and care for people with disabilities.

What else do you need to know?

The ABCA leaves room for the government to require organizations not currently listed in Part 3 of the Regulation to prepare accessibility plans, including the development, contents and form of those plans (s 32(2)(e)). It also gives Cabinet the authority to develop accessibility standards (s 13-20).

The ABCA has different requirements for a Provincial Accessibility Committee. This committee is subject to the direction of the Minister (s 10).

The ABCA Regulation established an annual AccessAbility week, beginning on the last Sunday in May (s 2).

Read more: BC’s Accessibility Plan for 2022/23 to 2024/25

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Ontario Grant to Support Anti-Hate Security Measures for Faith-Based and Cultural Organizations

This grant program “is a $25 million, attestation-based grant that will provide funds to faith-based and cultural organizations to increase safety and security measures.”

The deadline for application is March 3, 2022.

To be eligible, applicants must:

• Host regular gatherings (at least once per month) of religious, spiritual or cultural significance
• Hold gatherings as a primary activity
• Be a registered charity or not-for-profit
• Be operational in Ontario on February 3, 2022
• Own, lease or rent an indoor facility in Ontario for the gathering purposes above
• Be in compliance with Income Tax Act and Canada Revenue Agency requirements
• Attest to compliance with the Ontario Human Rights Code and hate laws under the Criminal Code
• Attest that all funds will be used for security and safety measures against hate-related incidents
• Attest that all funds will be used for expenses incurred between April 1, 2021-March 31, 2022

Applications may be audited and you need to keep all documents that prove your eligibility for a period of seven (7) years.

For the full and detailed information on the application process, requirements, eligible expenses, documentation, and more, be sure to check out the Grant Application Guide.

Inclusive Communities Grants (ICG) Program

The ICG Program provides up to $60,000 for a local project to help older residents and people with disabilities participate in community life. This year’s priority projects are those that support under-served communities and that address COVID-19 related challenges.

The deadline for application is March 3, 2022.

The Program Application Guide explains that “the purpose of the ICG Program is to help communities becomes inclusive by ensuring that the needs of Ontarians of all ages and abilities are considered at every stage of community planning and development.”

It supports existing and new Age-Friendly Communities in eight specific areas of community life:

1. Outdoor spaces and buildings
2. Transportation
3. Housing
4. Respect and inclusion
5. Social participation
6. Civic participation and employment
7. Communication and information
8. Community support and health services

Projects must take place between September 2022 and March 2023, and applicants will know the outcome of their applications by summer 2022. Applications must be submitted online through Transfer Payment Ontario (TPON) – the Application Guide gives more information on how to access and apply through TPON.

Eligible applicants include local governments, Indigenous Communities or organizations, and community organizations. Community organizations must be not-for-profit, legal entities, and have been in operation for at least one year prior to application. Private foundations, private schools, hospitals, and post-secondary institutions are not eligible (see the Guide for the complete list).

If your organization serves older residents and people with disabilities, this could be a great opportunity to obtain funding to expand and create Age-Friendly Communities in your area! Don’t delay! As noted above, the deadline for applications is March 3, 2022.

Other Programs of Interest

Other programs that may be of interest include the Summer Experience Program (although the deadline is listed as February 15, 2022, the application was still listed as “open” as of publication), and the Safer and Vital Communities (SVC) Grant (deadline March 4, 2022) which focuses on preventing online crime, specifically hate crimes, human trafficking and fraud.

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A story of accessibility

A couple of weeks ago I watched my son ride a horse around the perimeter of an indoor riding arena.  I couldn’t get over how well he did given that it was only his second time riding.

I think what I’ll remember the most is seeing the smile on his face and hearing his laughter as the horse quickened its pace to a trot.  Suddenly his diagnosis of Autism Spectrum Disorder and global developmental delay melted away.  In that moment he was just a kid who liked to ride horses.

You may be wondering how it would be possible for someone dealing with those kinds of challenges to ride a horse.  I must admit that I was somewhat apprehensive myself as my wife and I first explored this as a possible recreational activity for our son.

The service provider had taken an activity that would normally present many barriers for someone with a disability, and had adapted it in a way that allowed our son to participate.

My wife and I discussed our son’s particular needs with the service provider, and in response they ensured that:

• In addition to someone leading the horse, a volunteer walked along each side of the horse to provide our son with greater stability
• A ramp was made available to make mounting the horse easier
• Consistency was provided in terms of the horse and volunteers that our son would interact with

The result of these accommodations had a near Disney like effect.  Our son had found an activity that he enjoyed doing and that allowed him to engage with others in a meaningful way.  Perhaps equally impressive was the relatively low cost of making this activity more accessible.

A growing demographic

In 2012 Statistics Canada estimated that 3.8 million adult Canadians reported being limited in their daily activities due to a disability, representing 13.7% of the adult population[i].  This is a significant demographic within Canada, and one that is expected to grow as our population ages.

Trend towards accessibility

A number of  provinces are taking steps to make their jurisdictions more accessible, and will likely look to the work that has been done in Ontario to inform and create their own legislation.  Several notable provincial commitments have been highlighted below:

• The Accessibility for Ontarians with Disabilities Act, 2005  (AODA) is a law in Ontario that sets out a process for developing accessibility standards, with the goal of an accessible Ontario by the year 2025.
• The Accessibility for Manitobans Act became law in 2013[ii] and on November 1, 2015 Manitoba’s Customer Service Accessibility Standard, the first standard under this Act, will come into effect.  All Manitoba organizations with one or more employees will be required to comply with this standard, with private and non-profit organizations being required to comply by November 1, 2018.  For more information see the News Release from the Manitoba government.
• In 2014 the Premier of British Columbia released Accessibility 2024: Making B.C. the most progressive province in Canada for people with disabilities by 2024[iii]. Accessibility 2024 is a 10-year action plan, designed around 12 building blocks that represent themes that emerged through the disability consultation process.
• In Nova Scotia, the Ministry of Community Services is committed to introducing the province’s first Accessibility Legislation in 2016 and will be drafting the new legislation based on the thoughts, ideas and suggestions of Nova Scotians[iv].

The subject of my next blog post will be what Ontario charities need to know about the upcoming AODA requirements that are coming into effect on January 1, 2016.

Even if this legislation does not apply to your charity, Canadians are increasingly coming to expect that service providers will take reasonable steps to make their products and services more accessible when requested to do so.

Christian perspective on accessibility

Christian charities have an opportunity to really lead the way when it comes to accessibility and making their products and services more accessible.  Not because it’s legislatively mandated, but because it’s the right thing to do.

I am particularly reminded of the story of the paralytic man in the second chapter of the Gospel of Mark.  Given the barriers of his lack of mobility and the crowd that had gathered, the paralytic man was unable to reach Jesus.  The friends of this man were so desperate to get him to Jesus, that they lowered him through a hole that had been dug in the roof.  Upon seeing their faith, Jesus forgave the paralytic man of his sins and healed him.

Improving accessibility starts with you and me

Whether your charity is considering the design of its website, employment practices or customer service experience, there are many opportunities to improve accessibility for those with disabilities.  In many cases simply adopting a mindset of accessibility in how we engage with others can create goodwill and present opportunities to share the love of Jesus with others.

Thankfully improving accessibility does not need to be onerous, and many charities have already taken steps to ensure their programs and services remove barriers to accessibility wherever possible.

I remember when my son was having difficulty sitting through the first part of the service until the children were dismissed.  Sensing there was a need, our church family worked with us to come up with a solution that allowed my wife and I to participate in the service, and that provided our son with a much needed outlet for his energy.  I was incredibly moved that a church of less than 150 people was able to find a way to make that happen.

Lets keep the conversation going

Please take a moment to comment on this blog post or respond to one of the discussion points below:

• How has your charity successfully removed barriers to accessibility in the way it delivers its programs and services?
• What steps will you take to enhance the accessibility and inclusiveness of your charity when it comes to serving the unique needs of those with disabilities?
• What concerns do you have about the potential challenges that come with making your ministry more accessible?

[i] http://www.statcan.gc.ca/pub/89-654-x/89-654-x2013002-eng.htm

[ii] http://www.gov.mb.ca/dio/

[iii] http://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/accessibility/accessibility-2024

[iv] http://novascotia.ca/coms/accessibility/

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