What are accessibility reports?

The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires that organizations file accessibility reports on standards that apply to them. Accessibility reports will be easy-to-complete and will contain a series of ‘yes’ or ‘no’ questions. The purpose of the reports is to determine if organizations are in compliance with the requirements of the accessibility standards. 

Who has to file accessibility reports?

Reports on the first AODA standard, the Accessibility Standards for Customer Service, O. Reg. 429/07 (Customer Service Standard) must be filed with the Accessibility Directorate of Ontario by:

• Designated public sector organizations, regardless of number of employees, by March 31, 2010.
• All other organizations that provide goods or services to the public or to other third parties and that have 20 or more employees by a date in 2012 to be specified.

More information about reporting will be available in fall 2009.

Which organizations are designated public sector organizations under the Customer Service Standard?

Designated public sector organizations are listed or described in subsection 1(2) and Schedules 1 and 2 of the Customer Service Standard and include:

• provincial ministries
• the Legislative Assembly
• municipalities
• universities
• colleges
• hospitals
• school boards
• public transportation organizations
• designated provincial boards, commissions, authorities and agencies in Schedule 1 of the regulation

Regardless of their number of employees, these designated organizations are required to comply with the standard by January 1, 2010 and can file their reports as of this date.  All organizations must file their report by March 31, 2010.

How will organizations file their reports?

Organizations will be required to file their reports online through the ServiceOntario portal, known as, ONe-key.  A step-by-step instruction of how designated public sector organizations will report shall be posted and sent to these organizations by December 2009.

Alternate formats of the report will be provided upon request when:

• the person filing the report requires an alternate format due to accessibility concerns, or
• the person or organization does not have the technical capacity to file an online report.

Who must sign accessibility reports?

The accessibility report must be signed by a director, a senior officer or other responsible person with authority to bind the organization. The person signing the report will be certifying that all the required information has been provided and that it is accurate.

It is an offence under section 37 of the AODA to provide false or misleading information in an accessibility report.

Who is exempt from filing an accessibility report on their compliance with the Customer Service Standard?

Businesses and other organizations that have fewer than 20 employees, other than designated public sector organizations, are exempt from the requirement to file an accessibility report, but are still required to comply with the standard by January 1, 2012.

Why don’t small businesses and other organizations have to report?

The reporting exemption for those with less than 20 employees recognizes the need to minimize regulatory burden faced by small businesses and other organizations. This will help them focus their efforts and resources on achieving results. 

The reporting exemption will be revisited when the standard is reviewed.

Does this mean that businesses and other organizations with fewer than 20 employees won’t have to comply with the standard?

No. All businesses and other organizations with one or more employees that provide goods or services to the public or other third parties must comply with the standard. Although private sector organizations (including non-profit organizations) with fewer than 20 employees are exempt from the reporting requirements, they are still required to comply with the Customer Service Standard.

How will businesses and other organizations with fewer than 20 employees know if they are complying with the regulation?

It is anticipated that all businesses and other organizations, regardless of size, will have access to resources and educational tools to help them meet the requirements of the regulation. These materials will help explain what is required by the regulation and will give examples of ways to meet the requirements. In addition, the Ministry plans to provide sample educational tools and templates to make it easier for businesses and other organizations to achieve compliance.

How will you know about the compliance of small businesses and other organizations if they don’t have to document or report?

The government plans to continue to help small businesses and other organizations to build capacity to make their services more accessible to persons with disabilities through providing compliance assistance tools, resources and educational materials, such as sample policies and training for employees on accessible customer service.

The government also plans to work with the associations and umbrella groups that serve smaller businesses and other organizations to develop and distribute educational tools and resources.

These approaches should help small businesses and other organizations to build their capacity to allow them to provide more accessible customer service and contribute to the goal of an accessible Ontario by 2025.

Do municipalities and broader public sector organizations with fewer than 20 employees have to file a report?

Yes. All municipalities, the Ontario government and agencies specified in the Customer Service Standard, as well as the Legislative Assembly of Ontario and its offices, municipalities, public hospitals, universities, colleges, school boards and public transportation organizations, must file accessibility reports, irrespective of the number of employees they have. Most of these organizations have been covered by the Ontarians with Disabilities Act, 2001 (ODA) for the last five years. They are therefore well positioned to implement the Customer Service Standard, building on the planning process and accessibility initiatives they have been undertaking under the ODA.
 
Compliance assistance tools, resources and information will be available to help them meet the requirements of the standard.