[81] EC shall cease from situating polling stations in locations that do not provide barrierfree access in any electoral district in Canada, within the meaning of section 5 of the CHRA. This is subject to the standard of bona fide justification and the duty to accommodate to the point of undue hardship under paragraph 15(1)(g) and subsection 15(2) of the CHRA respectively, once a prima facie case of discrimination has been established. [82] Nothing in my Reasons and Order is meant to govern the exercise of the CEO's discretion under subsection 121(2) of the CEA to exempt a polling station from the "level access" premises requirement. No subsection 121(2) exemption was given for St. Basil's Church by the CEO in the present Complaint. As indicated earlier in these Reasons, EC already provides for greater accommodation in the accessibility area than mere "level access" (i.e., flat access, no stairs to climb). My concern is not what the CEA requires in terms of disability accommodation and accessibility, but rather, what the CHRA calls for. EC acknowledges the applicability of the CHRA to it. However, in his opening statement, EC's counsel talked about the separation of powers. While not challenging the Tribunal's jurisdiction in this matter, he remarked that, "Some things are better left to Parliament and its agencies." National Inventory of Electoral Facilities Database [83] The Complainant and CCD urge me to order EC to review, update and report on this inventory of over 27,000 polling locations across Canada. EC submitted that such a country-wide audit of each and every location would be extremely difficult from a logistical point of view. EC counsel correctly points out that the Complainant has not proven the existence of an error in the computerized inventory, other than in regard to St. Basil's. And he says the error was not due to the information about St. Basil's in the inventory or its physical structure. Rather, the error was due to the fact that entrance #1 was locked during the two electoral events. [84] I agree that checking all 27,000 locations is a huge undertaking. However, Mr. Roussel testified that EC used to visit every site (current and prospective) before the recent elections of minority governments. The last national audit was done in 2002. And the Guidelines and Manuals require ROs to consider locations before an election is called and to secure them after the election is called. The national inventory is a tool or means of achieving the goal of barrier-free voting facilities for Canadians. I am not going to order EC to conduct such an audit or publicly report on it. The discriminatory practice in which EC was found to have engaged was not a result of the data entered for St. Basil's in the inventory of electoral facilities. However, I note that EC consents to, within six months, "Implement a procedure for verification of the accessibility of facilities on the day of the electoral event". EC shall do so and consult with the other parties about same. Standards of Accessibility [85] Regarding the issue of standards of accessibility, this was not the source for EC's liability in this case. There was not enough of a nexus with the discriminatory practice. 2010 CHRT 4 (CanLII) Cease Order