NWT government has no plans to develop accessibility act

The Northwest Territories government says it does not plan to develop accessibility legislation but is working to improve building standards.

Advocates and the City of Yellowknife have called on the territorial government to develop accessibility legislation, particularly to address accessibility standards for buildings. One concern is the gap between the national building code, on which the territory relies, and accessibility responsibilities under the NWT Human Rights Act.

Frame Lake MLA Julian Morse raised the issue in the legislature last week.

According to the NWT Human Rights Commission’s latest annual report, he said, 59 percent of all new human rights complaints in 2022-23 alleged discrimination based on disability. He added more than 22 percent of the territory’s population is living with a disability.

“The government does have a mandated responsibility to ensure that these residents are provided equal opportunity to participate in society as fully as any NWT resident,” Morse said.

“When I was campaigning, one conversation I had with a constituent stood out to me on this matter. They pointed out to me that as well as it being a moral responsibility to work towards an equitable society, it also has real impacts on our economy and social fabric when persons living with disabilities leave the territory because accessibility is better in other jurisdictions. At a time when we are trying to attract residents to move here and stay, this is one more thing we can do to help make the territory a more attractive place to live.”

Caroline Wawzonek, the territory’s infrastructure minister, responded that she had tasked her department with looking at a building standards framework for the territory, including an accessibility provision. She said the plan is to begin working on a building act in the next fiscal year.

Wawzonek said so far, a working group has been created. The next step, she said, will be to develop a work plan to determine the size, scope and timeline for a building act.

“I would certainly hope that we could get to the point of an LP” – a legislative proposal – “soon thereafter,” she said. “Whether it would get all the way to being passed this assembly or not, again, will depend on the scope and size of the act.”

Premier RJ Simpson declined Cabin Radio’s request for an interview on the issue.

Agata Gutkowska, a spokesperson for cabinet, said the NWT government has no plans to introduce accessibility legislation.

Gutkowska confirmed the government is, however, working to advance a building standards framework, which she described as “a large, multi-departmental initiative requiring dedicated funding, resources, coordination and a substantive engagement process.”

The NWT currently does not have its own building code, nor any legislation that addresses accessibility standards for buildings.

Gutkowska said the territory plans on adopting the 2020 national building code, which includes several updated accessibility requirements, when it amends regulations under the NWT’s Fire Prevention Act this month.

Federally, the Accessible Canada Act came into force in July 2019. British Columbia, Saskatchewan, Manitoba, Ontario, Nova Scotia and Newfoundland and Labrador all have provincial accessibility legislation, while Quebec has a similar act and New Brunswick has tabled one.

There have been other concerns about the 20th Legislative Assembly’s approach to accessibility.

The NWT Disabilities Council wrote to the premier in February, calling on him to reconsider the choice not to assign any of his ministers responsibility for people with disabilities.

Previously, one of the seven cabinet members had held that responsibility. Simpson told the legislature he had decided to eliminate portfolios that did not come with a budget.

The council wrote that “establishing disability as a unique and stand-alone cohort” rather than as a sub-group within larger portfolios is “foundational to a holistic, integrated and inclusive approach, which is needed to advance disability rights, equality and well-being in society.”

The naming of a responsible minister would recognize the complexity and diversity of disability issues and provide direction and coordination for effective policymaking and service delivery, the council argued.

“It provides a recognizable entity for disabled people to have their voices heard, to participate and to hold authorities accountable for upholding their rights,” the council’s letter stated.

In a written statement, Simpson told Cabin Radio the decision to eliminate the portfolio “was a mindful one.”

“Support for residents with disabilities is not just limited to one department or one minister and should be considered across various departments, top of mind for all of cabinet,” the statement read, adding that while no minister had been formally assigned responsibility for people with disabilities, that responsibility falls under Lesa Semmler’s health and social services portfolio.