This section describes legislation and policies applicable to the availability and accessibility of government information to the general public. In particular, it looks at legislation and policies that regulate the provision of publications in alternative formats.

The Canadian Human Rights Act
Section 2 of the Canadian Human Rights Act states that the purpose of the Act is as follows:

[...] to give effect [...] to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices [...].

Among the 11 prohibited grounds of discrimination is disability.

The duty of accommodation short of undue hardship is a fundamental principle of human rights law, especially with regard to the special needs of persons with disabilities.

Human rights jurisprudence has established key principles to be followed in devising appropriate accommodation. The most important of these is that accommodation must, to the extent possible,

• maximize the dignity of the person(s) receiving the accommodation; and
• ensure that accommodation is as similar as possible to the services provided to people without a disability.

In light of the legal requirements noted above and the jurisprudence, it is clear that if federal departments and agencies make print documents available to the general public, they must have services in place to ensure that persons who cannot read print material are accommodated through comparable alternative means of communication.

The duty to accommodate is required to the point of “undue hardship.” Canadian courts have yet to fully define the limits of undue hardship, but they have clearly put a very high value on the obligation of accommodation.

Communications Policy of the Government of Canada⁵

The Communications Policy of the Government of Canada is the official Treasury Board of Canada Secretariat (TBS) policy governing how federal departments and agencies carry out their responsibilities to communicate with Canadians. This policy is issued under the authority of the Financial Administration Act (FAA), section 7, and applies to all institutions identified in schedules I, I.1 and II to the FAA (see Appendix A).

Recognizing the special needs of many Canadians, including literacy levels and perceptual or physical challenges, the policy requires that multiple formats be provided to ensure equal access to public information. The policy also requires that federal institutions deliver prompt, courteous and responsive information services that are citizen centered and client focused, which means services that are sensitive to the needs and concerns of the public and respectful of individual rights, and services that provide convenient access to government information.

Furthermore, the policy requires that institutions offer a quality service that meets the information needs of all Canadians, and that institutions ensure, among other things, that

• the Canadian Charter of Rights and Freedoms and the Official Languages Act, including all regulations and policies flowing from them, are respected at all times;
• trained and knowledgeable staff members provide information services to the public;
• service is timely, courteous, fair, efficient and offered with all due regard for the privacy, safety, convenience, comfort and needs of the public;
• a variety of new and traditional methods of communication are used to accommodate the needs of a diverse public;
• published information⁶ is available on request in multiple formats to accommodate persons with disabilities;
• prompt and clear explanations are provided when information requested by the public is unavailable; and
• information is available on the standard of service an institution provides to the public, including timelines for responding to inquiries, mail and complaints.

The Employment Equity Act and the Treasury Board Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service

The Employment Equity Act and the Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service do not apply directly to the public but, rather, to candidates for employment with or employees of the federal government. Nevertheless, they do incorporate the principle of the duty to accommodate and the need to remove barriers to the full social and economic integration of persons with disabilities.

Task Force on Access to Information for Print-Disabled Canadians

In a report presented to Roch Carrier, National Librarian, National Library of Canada (NLC), and Euclid Herie, former President and CEO of the Canadian National Institute for the Blind (CNIB), on October 31, 2000, the Task Force on Access to Information for Print-Disabled Canadians had the following recommendations:

“The Task Force recommends that the Government of Canada, through Industry Canada, take a lead in participating in and funding the development, adoption and promotion of information and access standards such as NISO/DAISY/WAI⁷ and alternative format production standards.” (Recommendation 14)

“The Task Force recommends that the Treasury Board Secretariat require that all federal print material be available concurrently in multiple formats on demand.” (Recommendation 16)

“To ensure that available materials are usable and useful, all personnel who interact with the public must be trained in the use of the information and the tools that support this information and be able to train those for whom the materials are designed. […] The Task Force recommends that departments and agencies of government at all levels train their personnel to be aware of the needs of print-disabled Canadians, of the availability of multiple-format materials and in the use of the related assistive technology.” (Recommendation 17)

5 Source: www.tbs-sct.gc.ca/pubs_pol/sipubs/comm/comm1_e.asp

6 “Published information” is defined as information prepared and issued for public distribution or sale.

7 The Web Accessibility Initiative, or WAI, is a set of international Web guidelines produced by the World Wide Web Consortium (W3C). Canada is a sponsor of WAI.