Minutes of the Board of Directors' Special Meeting - February 12, 2024 – Virtual Meeting

1. Welcoming remarks and roll call

• 43-1 Motion presented, seconded and carried by all to open the meeting at 1:20 p.m. EST.

2.  Land acknowledgement

• M. Reid presented a land acknowledgement as a small act of reconciliation with Indigenous people of the Newfoundland and Labrador region from where she was participating.

3.  Board meeting agenda

Document 3A: Agenda 

• 43-2 Motion presented, seconded, and carried by all that the Board approve the agenda, as presented.

4.  Strategy on Standards adoption and implementation 

Document 4A: Briefing note

• The discussion is a continuation from the January 17, 2024 Board meeting on the best approach for the adoption and implementation of Accessibility Standards Canada’s standards. The CEO provided clarification on what the “tier approach” represents:  
  • Standards will continue to be created on equity-base practices. Tier 1 would have a smaller number of requirements to meet, but the level of the chosen requirements would not be decreased and would remain the same for all. 
  • The tier approach would begin with the “built environment standards”. All other standards would go through the same tier approach unless it needs to be adapted to a specific standard.
  • If the regulation body states specific deadlines to implement the full standards, the tier approach can be used as a guide for organizations to “phase-in” implementation to eventually reach full implementation.
  • Going through the regulation process can be long and may take many years for some standards to be implemented. There could be different ways to phase in the implementation of standards, decided by the Minister and not by Accessibility Standards Canada.
  • The goal of the tier approach is to help implement the standards that would go to regulations. This would support the standards going through the regulation process and inform the Minister that a safe phase-in approach exists. 
  • The tier approach would reflect what was shared with industries and with the disability community in terms of implementation challenges. It provides a realistic approach for all parties concerned in terms of time for implementation, outcome and accommodating the most people possible.

• Board members provided guidance to consider for the tier approach for standards adoption and implementation:
  • Tiers can not be lower than what currently exists (i.e. tiers must meet or be higher than standards, regulations, practices followed within a jurisdiction).
  • Tiers be based on pre-determined principles.
  • Important that the persons/groups the organization consults with includes people with disabilities.
  • Important that the tier approach be based on legitimate implementation concerns, not on resistance to change. When determining what will be included in tier 1, 2, 3, Accessibility Standards Canada needs to carefully review the reasons why certain groups say they cannot implement these components of the standard. 
  • Language used in describing tier approach should be consistent.
  • It is the role of the regulator to determine the implementation time and or phase-in/transition period, if any.
  • Consider consulting communities for provincial implementations as the needs of the communities may be different than the implementation process of the provinces. It is best to include communities when engaging with provincial governments.
  • Could be seen as “betrayal” by the community. The organization can advise the Minister on options if they ask us to. It will be important to communicate well our approach.
  • Could the technical committees participate in the determination of what is included in tier 1, 2, 3?
  • It is not Accessibility Standards Canada’s responsibility to implement the standards. 
  • Consider the risk to accessibility. Consider a risk analysis on the implementation of standards for each tier. Look into who would be left out if the standard is not applied for each level of tier. Examine what others have gone through when implementing changes.
  • When considering tier approach for equity-based standards, base some of the approach on principles (such as getting out of the buildings) and include definitions on those principles and specify who is not included in the equity-based standard. 
  • Develop equity-based standards, develop tools on how to implement, but not tiers.
  • Bring proposal on tiers to the Board.

5. Concluding remarks and adjournment

• 43-3 Motion presented, seconded, and carried by all to adjourn the meeting at 2:30 p.m. EST.