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Introduction: Ontario’s Current Legislative Framework

Ontarians with Disabilities Act, 2001

The purpose of the ODA as stated in section 1 is: “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.”

The ODA requires provincial government ministries and broader public sector organizations — including municipalities, public transportation organizations, hospitals, school boards, universities and colleges of applied arts and technology — to prepare annual accessibility plans. These plans address the identification, removal and prevention of barriers to persons with disabilities in statutes and regulations, in the case of a ministry, or in by-laws, in the case of a broader public sector organization — as well as in policies, programs, practices and services. Each annual plan reports on what has already been done and the actions that are to be taken in the coming year. In preparing an accessibility plan, each ministry must consult with the Accessibility Directorate of Ontario (see below). The plans must be made available to the public. ⁹

Under the act a municipality with a population of 10,000 or more must have an accessibility advisory committee with persons with disabilities comprising a majority of members, and smaller municipalities may have such a committee. These committees advise municipal councils on the preparation, implementation and effectiveness of each year’s plan. Where no committee exists, the council is required to consult with persons with disabilities in preparing the plan. ¹⁰ Broader public sector organizations must also consult with persons with disabilities and others in preparing their plans. ¹¹

In addition to annual planning, the ODA requires the Ontario government:

• In consultation with persons with disabilities and others, to develop and comply with barrier-free design guidelines in leasing, purchasing, constructing or significantly renovating buildings, structures or premises
• When procuring goods and services for its own use or for employees or the public, to have regard to the accessibility of the goods or services to people with disabilities
• To provide Internet sites in a format that is accessible to people with disabilities unless it is not technically feasible to do so
• On request, to provide Government of Ontario publications in an accessible format, unless it is not technically feasible to do so
• To accommodate the accessibility needs of its employees and those of applicants for employment
• To ensure that projects relating to existing or proposed buildings, structures or premises meet accessibility requirements in order to receive funding under a government-funded capital program. ¹²

Apart from accessibility planning, municipalities are required to:

• Have regard to accessibility for persons with disabilities when procuring goods and services
• Seek advice from the municipal accessibility advisory committee when leasing, purchasing, constructing or significantly renovating buildings, structures or premises
• Supply the advisory committee with site plans and drawings for review as part of the site plan control process, under which municipalities can consider the accessibility of proposed developments and ask for changes if necessary. ¹³

The ODA also amended the Planning Act, which guides land use planning in Ontario communities. Accessibility for persons with disabilities was added to the matters of provincial interest that a municipality must have regard to in carrying out responsibilities under the Act. The amendments also require municipalities to consider accessibility when reviewing plans for new subdivisions.

As well, the ODA established the Accessibility Directorate of Ontario to:

• Conduct research and develop and conduct programs of public education on the purpose and implementation of the Act
• Consult with obligated organizations on accessibility planning and request and review their plans
• Recommend changes to laws, regulations, programs and policies to improve opportunities for persons with disabilities. ¹⁴

The ODA contains a section making it an offence to contravene the act and setting a maximum fine of up to $50,000 for an organization convicted of a contravention. These provisions were never proclaimed. ¹⁵

Accessibility for Ontarians with Disabilities Act, 2005

The Accessibility for Ontarians with Disabilities Act, 2005 begins by recognizing the history of discrimination against persons with disabilities in Ontario. It declares that its purpose is to benefit all Ontarians by developing, implementing and enforcing accessibility standards and by involving persons with disabilities, government, industries and sectors in developing those standards. The goal of the standards is to achieve accessibility for people with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises by 2025. ¹⁶

The AODA adopts a broad definition of disability — the same as in the Human Rights Code and the ODA – encompassing physical, developmental, mental health and learning disabilities. It applies to the provincial government, the broader public sector and the private and not-for-profit sectors in Ontario (the obligated sectors). Standards are to be adopted as regulations setting out requirements for identifying, removing and preventing barriers. ¹⁷ These obligations are to be phased, in stages of five years or less. ¹⁸ Compliance is mandatory for the persons and organizations covered by a standard.

Standards Development Process

Standards development committees are responsible for developing proposed standards to be submitted to the government for approval as regulations. The committees must include persons with disabilities or their representatives; representatives of the industries, sectors or classes of organizations to which the standard will apply; representatives of affected government ministries; and possibly others. The minister draws up the terms of reference and invites people to sit on each committee. ¹⁹

Each standards development committee is responsible for determining the long-term accessibility objectives for the industry, sector or class to be covered by the standard, indicating the requirements to make Ontario accessible by 2025. Each committee also has to decide the timeframe for implementation of the requirements, setting target dates for progress in stages of no more than five years. In determining timelines, a committee can consider economic, technical and other factors. ²⁰

Once an initial proposed standard has been prepared, the standards development committee submits it to the minister who then releases it for public review. The committee considers the comments received, makes any changes it feels advisable and submits the final proposed standard to the minister. The minister then decides whether to recommend that the government adopt the proposed standard as a regulation in whole, in part or with changes. ²¹

Successive Proposed Standards

The legislation provides for standards to be revisited after five years or sooner if the minister so decides. At that time, a standards development committee responsible for the industry, sector or class covered must re-examine the long-term accessibility objectives. If necessary, the committee will revise the requirements to be implemented by 2025 and the timeframe for implementation. The committee then develops another proposed standard containing whatever additions or modifications to the original standard are considered advisable. The proposed new standard goes through public review, revision based on comments received, and submission to the minister for possible adoption as a regulation. The standards are required to be reviewed again every five years using the same process. ²²

Compliance and Enforcement

Everyone to whom an accessibility standard applies must comply within the time period set out in the standard and must file an accessibility report confirming compliance when required to do so. ²³ Individuals or organizations can be exempted from reporting requirements by regulation. The minister is authorized to enter into incentive agreements to encourage persons or organizations to exceed the accessibility requirements in standards. ²⁴

The AODA establishes an enforcement regime including inspections, orders, administrative penalties, appeals to a tribunal and ultimately substantial fines for non-compliance with accessibility standards or other regulations. ²⁵

Municipal Committees

The AODA maintains the ODA’s requirement for municipalities with a population of 10,000 or more to have an accessibility advisory committee, and like the ODA permits smaller municipalities to have one. Under the AODA the committees are given the new role of advising on the requirements and implementation of accessibility standards and the preparation of accessibility reports.

The AODA continues two other committee functions established by the ODA: advising on accessibility when a municipality leases, purchases, constructs or significantly renovates buildings, structures or premises; and reviewing site plans and drawings for proposed developments. ²⁶

Accessibility Directorate of Ontario

The AODA continues the Accessibility Directorate of Ontario. The directorate maintains its public education function, now with a focus on the purpose and implementation of the AODA, and adds related roles to:

• Consult with all levels of the education system — including schools, colleges, universities, trade or occupational associations and self-governing professions — to build accessibility into the educational experience, and
• Inform organizations that may eventually be subject to an accessibility standard of steps they could take in advance to improve accessibility for people with disabilities.

The directorate is also responsible for consulting with people and organizations having obligations under the act on how to complete their accessibility reports and how to follow the standards. Other duties include advising the minister on the creation and composition of standards development committees, on the overall standards development process and on the form and content of accessibility reports. As well, the ADO is to prepare training material and reference material for members of standards development committees. ²⁷

Advisory Council

The AODA creates an Accessibility Standards Advisory Council to advise the minister on the progress made by standards development committees, public information programs and other matters at the direction of the minister. A majority of its members must be persons with disabilities. ²⁸

Repeal of ODA

The AODA provides for repeal of the ODA on a date to be named by proclamationn ²⁹. Since this has not been done, the ODA remains in effect.

⁹ Sections 10, 11, 14 & 15 of the ODA.
¹⁰ Sections 11 and 12 of the ODA.
¹¹ Sections 14 and 15 of the ODA.
¹² Sections 4 to 9 of the ODA.
¹³ Sections 12 and 13 of the ODA.
¹⁴ Section 20 of the ODA.
¹⁵ Section 21 of the ODA.
¹⁶ Section 1 of the AODA.
¹⁷ Section 6 of the AODA.
¹⁸ Section 9(4)of the AODA.
¹⁹ Section 8 of the AODA.
²⁰ Section 9 of the AODA.
²¹ Section 9 of the AODA.
²² Section 9(9)(a) to (d) of the AODA.
²³ Sections 13 and 14 of the AODA.
²⁴ Section 33 of the AODA.
²⁵ Sections 18 to 28 and sections 36 to37 of the AODA.
²⁶ Section 29 of the AODA.
²⁷ Section 32 of the AODA.
²⁸ Section 31 of the AODA.
²⁹ Section 42 of the AODA.