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Infrastructure accessibility a concrete issue

After the opening of the new Tim Hortons and Booster Juice locations on Old Airport Road, the city's accessibility standards are being called into question.

Buildings in Yk like the new Tim Hortons on Old Airport Road are having their accessibility standards challenged while residents complain about that lack of handi-accessible parking and no ramps for wheelchairs or ramps.
Michael Hugall/NNSL photo

“Everyone should be able to go to a venue and participate,” said NWT disabilities council president Denise McKee. “We have to get out of the mindset of thinking 'what is the least we can do to accommodate people with disabilities?'”

McKee added survey data collected by the NWT indicated 4,500 people in the territory suffer from a disability. She said the city should take better care in accommodating those people,.

Tim Hortons, which reopened in early February after being remodelled, has come equipped with automatic doors, an inside area capable of storing scooters and tables high enough for patrons who need assistance said store owner Suzane Defosses.

However, the main complaint raised about the new property by advocates has been the lack of a ramp in an inaccessible parking lot.

“I sincerely want to apologize,” said Defosses, noting problems encountered during construction forced a delay in finishing the parking lot.

“The aspect of having an accessible building was very important to me. It's unfortunate that we had issues, but the handi-accessible parking signs are on order and once the weather gets better we will be able to finish paving the outside of the store.”

Tim Hortons is one of two new retail outlets facing criticism from the disabled community.

Recently opened Booster Juice has also been accused of having a non-accessible parking lot, making it hard for people with handi-accessible needs to enter the building.

It is being accused on social media of isolating disabled people.

“There is no way for the disability bus to park in this space so now if we want to be picked up by the disability bus we have to go to the street in front of the (adjacent) clinic to catch it,” stated Yellowknife resident Marie Flanagan in a Facebook post when the business opened. “Time will tell if they have a wheelchair ramp, could not really tell because of all the snow.”

The landlord of the Booster Juice property – Northern Properties REIT – said they are looking to rectify the lack of signage in the parking lot in time for the spring.

“We've been monitoring the property closely since Booster Juice opened,” says director of commercial properties Jonathan Renko. “We've met all accessibility requirements set out by the city.”

Renko who oversees 12 commercial properties for the company said Booster Juice and previous tenant Video Land movie rentals met all the requirements for accessibility inside of the building. However the facade of Booster Juice followed Alberta by-laws, which he claims isn't against territorial regulations.

“Many areas in the the city infrastructure by-laws need to be updated,” said Renko. “They all include language 20 to 30 years old. I have tried bringing the idea to the city, but I feel they are too understaffed to do anything about it.”

Renko confirmed that Booster Juice was built according to accessibility guidelines established 30 years ago in order to meet the minimum required by the NWT.

The lack of accessibility of public buildings can be problematic for some, said Wayne Guy, owner of Guy Architects, however the City of Yellowknife has no grounds to enforce any standards for accessibility – simply because there is no accessibility code for the city to enforce.

The city relies on the GNWT Department of Infrastructure to enforce accessibility guidelines. Those guidelines come from the National Building Code of Canada.

Guy said buildings like Booster Juice follow a 'grandfather rule' meaning if the building was built when new regulations were instituted then that is the law they have to abide by. Therefore as long as buildings like Booster Juice meet the minimum standard, it is deemed legally acceptable, he said.

According to the 2016-2017 NWT Human Rights Commission annual report 63 per cent of all human rights complaints included an allegation of discrimination based on having a disability. Less than half of those 26 complaints come from residents impacted by a lack of accessibility in public infrastructure.

“We're aware there is a discrepancy in the national building code and what should be the standard in having an accessible city,” said NWT Human Rights Commission chair Charles Dent. “I'm hoping to bring the attention to the government as I believe this is an issue that they need to look at.”

Legislation passed in Ontario in 2005 aimed to adopt accessibility standards different from the ones in the national building code, Dent added this will allow Ontario infrastructure to carry a higher standard than the rest of Canada and he would like to see the same precedent established by the territorial government.

Last week, the city hired Toronto-based SPH Planning and Consulting Ltd to inspect inside and outside of all city properties. Once the results of the data are collected by the consulting firm they will be reviewed by city staff and directed to council for review and consideration, said city communications manager Richard McIntosh.