Who has to comply with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its standards?

The AODA applies to persons, businesses and other organizations in Ontario in the public and private sectors, including the Legislative Assembly of Ontario. These persons, businesses and other organizations are sometimes referred to as “obligated organizations” as they are obligated to comply with the AODA and any accessibility standard under the AODA that applies to them. To read the AODA, click here. For more information on the AODA, click here.

The standards currently planned under the AODA will address accessibility in five different areas: customer service, transportation, the built environment, information and communications, and employment.

When do businesses and other organizations have to comply with the standards?

Each standard will set out the dates for when businesses and other organizations covered by a standard must meet the requirements of the standard. There may be different compliance dates for different types of businesses and other organizations. For information on the compliance dates for the Customer Service Standard, click here.

How will businesses and other organizations know what they have to do to comply with a standard?

The Ministry plans to provide persons, businesses and other organizations that are subject to AODA standards with educational tools and resources to help them meet the requirements of the standards. These materials may include:

• a guide to help explain the meaning of the standard
• a handbook that provides more examples and explanations on ways you might comply with the standard
• checklists, templates and sample policies
• educational resources and tips to help with compliance
• examples of good accessibility practices

Materials that are currently available can be found at www.AccessON.ca. A guide to the Customer Service Standard has been posted and a compliance handbook is expected to be posted by March 2008.

Individuals, businesses and other organizations can also contact the AODA Contact Centre with questions about the AODA or its standards or visit our website. Services are available in English and French.

Toll-free: 1-866-515-2025
TTY: 416-325-3408 / 1-800-268-7095 (toll-free)
Fax: 416-315-3407
Website: www.AccessON.ca/compliance

How will the government know if businesses and other organizations are complying with AODA standards?

Businesses and other organizations covered by a standard will be required to file an accessibility report on their compliance with the applicable standards, unless they are specifically exempted by regulation from filing a report. The frequency of reporting is still to be determined. Information and resources will be provided to help obligated businesses and other organizations assess their compliance with the standards. This self-assessment approach is intended to help ensure that addressing accessibility becomes a regular part of doing business in Ontario.

Senior management from each obligated business and organization will be required to certify that their report is accurate. Obligated businesses and organizations must make their reports available to the public.

It is anticipated that the reports will be in an easy-to-complete, accessible format, accompanied by a handbook containing information and examples on ways businesses and other organizations might meet the requirements of the standard. In addition, it is expected that a guide for each standard will be available to help explain the meaning of the standard.

A director appointed by the government may review an accessibility report to determine whether it complies with the regulations and whether the person or organization who submitted the report has complied with all applicable accessibility standards.

How will the government be enforcing the AODA and its standards?

The accessibility reports that are required to be submitted to the government will be the primary tool for monitoring enforcement of the AODA.

What happens if an organization doesn’t comply with a standard?

The government anticipates using a multi-stage enforcement approach for achieving compliance, with an initial focus on up-front compliance assistance before more stringent enforcement measures are used.

If compliance assistance efforts are not successful, persons, businesses and other organizations that continue to be non-compliant with a standard may be issued a director’s order requiring that the business or organization come into compliance, and/or pay an administrative penalty. An order or administrative penalty may be appealed to a tribunal which will be designated under the AODA.

An order or administrative penalty that is not complied with and not appealed within the specified timeframes may be referred to the Superior Court of Justice where it would be enforced as an order of the court.

A person or corporation may also be found guilty of an offence.  

What is an offence under the AODA?

Among other things, a person is guilty of an offence who:

• provides false or misleading information in an accessibility report or otherwise provides a director with false or misleading information;
  
• fails to comply with any order made by a director or the Tribunal under the AODA;
  
• obstructs an inspector carrying out an inspection under a warrant or intimidates, coerces, penalizes or discriminates against someone who is seeking to enforce the AODA or a director’s order. For more detailed information on what constitutes an offence, see Sections 20(8), 37(1) and 37(2) of the AODA.

What is the maximum penalty for non-compliance?

Certain actions or inaction (such as failure to comply with a director’s order) constitute an offence under the AODA (see question above). If a person is found guilty of an offence, a fine of up to $50,000 per day may be levied for each day or part of a day that the offence occurs or continues to occur. A corporation may be liable for a fine of up to $100,000 per day for each day or part of a day that the offence occurs or continues to occur.

How will the government assist businesses and other organizations in complying with and implementing the standards?

The Ministry plans to implement a strategy to encourage and help to enable businesses and other organizations to comply with the standard. It is anticipated that educational tools and resources, such as guides, handbooks, sample policies, templates and training modules, will be provided to help businesses and other organizations understand and meet the requirements of the standards.

The Ministry’s websites, www.AccessON.ca  and www.mcss.gov.on.ca, will be the primary source of compliance assistance information. Many materials are currently available at www.AccessON.ca. A guide to the Customer Service Standard has been posted, and a compliance handbook is expected to be posted by March 2008. The Ministry also plans to distribute materials through trade associations, umbrella groups, chambers of commerce and other organization networks.

Individuals, businesses and other organizations can also contact the AODA Contact Centre with questions about the AODA or its standards or visit our website. Services are available in English and French.

Toll-free: 1-866-515-2025
TTY: 416-325-3408 / 1-800-268-7095 (toll-free)
Fax: 416-315-3407
Website: www.AccessON.ca/compliance

Will the government provide funding to help organizations comply with AODA standards?

The government realizes that a “one-size-fits-all” approach might not work for all businesses and other organizations, so through the standards development committees (SDCs), the government works closely with various sectors to create standards in ways that make sense.

The AODA takes an incremental approach to the implementation of standards. As a result, investments by the public and private sectors may be spread over a number of years as they move towards an accessible society on or before the year 2025.

Furthermore, standards development committees have flexibility in the creation of proposed accessibility standards. They can consider different requirements and timelines for different kinds of requirements and organizations, factoring in various considerations, including but not limited to:

• the size of the business or organization
• the nature of the barriers that the measures, policies, practices and requirements are intended to address
• technical and economic considerations associated with implementation

For more information on the standards and the SDCs, click here.

What can I do if I have a complaint about an organization that might not be in compliance with a standard?

Bring the complaint to the attention of the organization so that it has an opportunity to resolve your concern. If the situation is not resolved, individuals who feel that they have been discriminated against based on a disability may file a complaint with the Ontario Human Rights Commission up until June 30, 2008.

Starting June 30, 2008, the Human Rights Tribunal of Ontario will receive all claims of discrimination filed under the Human Rights Code. As part of the new human rights system, a new Human Rights Legal Support Centre will offer independent human rights-related legal and support services to individuals throughout Ontario, ranging from advice and support to legal representation. If you decide to file a complaint with the Human Rights Tribunal, you may wish to first consult with the Human Rights Legal Support Centre.

The AODA does not provide for the filing or resolution of individual complaints.

Do all levels of government have to comply with the AODA?
    
The AODA applies to all municipalities in the province as well as ministries and agencies of the Ontario government. Each standard under the AODA will state to whom that particular standard applies.

Federally regulated organizations should seek their own advice about whether the AODA or any standards under it apply to them.

Will the Ontarians with Disabilities Act, 2001 (ODA) continue to be in effect?

Yes. Ministries and broader public sector organizations covered by the ODA will continue to be required to develop annual accessibility plans which include the identification, removal and prevention of barriers in a number of areas.

The ODA will continue to be in effect until it is repealed.

Why can’t municipalities continue to file joint AODA compliance reports as they did with ODA plans?

The AODA is fundamentally different from the ODA. The ODA requires accessibility planning and explicitly allows municipalities to develop joint accessibility plans. In addition, the ODA has no enforcement mechanism and doesn’t require municipalities to file their accessibility plans with the government.

Businesses and other organizations, such as municipalities, covered by a standard will be required to file an accessibility report on their compliance with the applicable standards, unless they are specifically exempted by regulation from filing a report. Senior management from obligated businesses and other organizations will be required to certify that their report is accurate. Businesses and other organizations must make their reports available to the public.

The preparation of joint reports is not permitted under the AODA since the Act requires each organization to file a self-certified accessibility report. Municipalities will be required to submit individual accessibility reports on their compliance with standards under the AODA.