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Comparison of Legislative Requirements

The following chart summarizes and compares some of the key requirements under the:

  • Ontarians with Disabilities Act, 2001, and
  • Accessibility for Ontarians with Disabilities Act, 2005.

It highlights the possible gaps that could result if the ODA is repealed before the accessibility standards are finalized and in place.

Comparison of Legislative Requirements
ODA AODA
Purpose

Section 1

  • To improve opportunities for persons with disabilities and to provide for their involvement in the identification, removal and prevention of barriers to their full participation in the life of the province

Barrier: anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including:

  • a physical barrier
  • an architectural barrier
  • an information or communications barrier
  • an attitudinal barrier
  • a technological barrier
  • a policy or a practice.

Section 1

  • Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by,
    1. developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025; and
    2. providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards.
Requirements
Annual Accessibility Plans Accessibility Standards

Annual Accessibility Plans - Sections 10,11, 14,15, 17 & 18

  • Broad in scope and include measures taken in the past year and planned for the upcoming year, to identify, remove and prevent barriers to persons with disabilities
  • Government of Ontario guidelines for plans
  • Ministries shall consult with the Accessibility Directorate of Ontario in preparing the plan
  • Municipalities and other public sector organizations:
    • Municipalities to seek advice from their accessibility advisory committee or, where no MAAC exists, consult with persons with disabilities and others
    • Other organizations to consult with persons with disabilities and others
  • Two or more ministries, municipalities or organizations may prepare joint accessibility plans
  • All accessibility plans made available to the public

Accessibility Standards - Sections 6-12

  • Standard shall name or describe persons or organizations to which it applies
  • May apply to persons or organizations that provide goods, services or facilities; are employers; offer accommodation; own or occupy a building, structure or premises; or are engaged in any other prescribed activity

Content

  • Sets out measures, policies, practices or other requirements for the identification and removal of barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises or such other things as may be prescribed, and for the prevention of the erection of such barriers, and requires implementation within specified time periods

Standards Development Committees (SDCs) - Sections 8-9

  • SDCs to develop standards to be considered for adoption by regulation
  • Minister to consult with relevant ministers before establishing SDCs and invite representatives of various groups to be members of the committees
  • Proposed standards to be made public for public comment

Compliance Reporting – Sections 13-17

  • Annual compliance reporting required from person or organization to which a standard applies
  • Must be available to public
Ministry Obligations

Section 4 - Government Buildings, Structures and Premises

  • Develop barrier free design guidelines and ensure compliance with these guidelines
  • Maintain a level of accessibility that meets or exceeds the Building Code Act, 1992
  • Accessibility requirements for government buildings, structures and premises may be addressed in the built environment standard

Section 5 - Government Goods and Services

  • Have regard to accessibility when purchasing goods or services
  • Government procurement is not directly addressed in AODA

Section 6 - Government Internet Sites

  • Provide ministry Internet sites in a format that is accessible to persons with disabilities, unless it is not technically feasible to do so
  • Accessibility requirements for government Internet sites may be in the information and communications standard

Section 7 - Government Publications

  • Provide Ontario government publications in an accessible format within a reasonable timeframe when requested, unless it is not technically feasible to do so
  • Any document required by the act to be in writing must be provided in an accessible format upon request (s.35)
  • Other publications may be addressed in the information and communications standard

Section 8 - Government Employees

  • Accommodate the accessibility needs of Government employees in accordance with the Human Rights Code to the extent that the needs relate to their employment
  • Accommodate the accessibility needs of persons with disabilities applying for employment
  • Ensure that government managers and supervisors are trained in fulfilling their obligations under the employment provisions
  • Inform employees of their rights and obligations under the employment provisions
  • The Management Board Secretariat is required to reimburse a ministry for eligible expenses incurred in accommodating persons with disabilities
  • Nothing in the AODA diminishes legal obligations with respect to persons with disabilities that are imposed by other Acts or laws
  • Government employee requirements may be addressed in the employment standard

Section 9- Government Funded Capital Programs

  • Funded projects must meet or exceed the level of accessibility established by the Building Code in order to be eligible for government funding
  • Accessibility requirements may also be a condition for funding for projects that do not fall under the Building Code
  • Minister may enter into agreements with anyone required to comply with a standard to provide incentives to exceed one or more of the requirements in a standard in relation to goods, services and facilities, accommodation, employment and buildings, structures and premises (s. 33)
Municipal Obligations

Accessibility Advisory Committees (MAAC) – Section 12

  • If population of 10,000 or more, required to have an Accessibility Advisory Committee with majority of members persons with disabilities (municipalities of less than 10,000 may establish a MAAC)
  • MAAC to advise council on preparation, implementation and effectiveness of accessibility plan
  • Council to consult MAAC on issues of built environment accessibility
  • Council to supply MAAC with any requested site plans or drawings for MAAC to review in a timely manner
  • Two or more municipalities may establish a joint MAAC (s.17(3))

Accessibility Advisory Committees – Section 29

  • If population of 10,000 or more, required to have an Accessibility Advisory Committee with majority of members persons with disabilities (municipalities of less than10,000 may establish a MAAC)
  • MAAC to advise council about the requirements and implementation of accessibility standards and preparation of accessibility reports
  • Council to consult MAAC on issues of built environment accessibility
  • Council to supply MAAC with any requested site plans or drawings for the MAAC to review in a timely manner
  • Two or more municipalities may establish a joint MAAC

Municipal Goods and Services – Section 13

  • Have regard for persons with disabilities in deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public
  • Municipal procurement not directly addressed in the AODA