Please note: Section 19 of the Ontarians with Disabilities Act, 2001, which established the Accessibility Advisory Council of Ontario, was revoked by an Order in Council, November 4, 2005.

Using the Guide

This guide provides basic information about the Ontarians with Disabilities Act, 2001 (the ODA) and is meant to help you understand the act. However, it is not a legal document and does not replace the act or any policies of the Accessibility Directorate of Ontario as final authority.

The guide includes explanations about key sections of the ODA you are most likely to use. If you need more details, have questions or need information about sections of the act that are not explained in this guide, please contact the Accessibility Directorate of Ontario in the Ministry of Community and Social Services at:

Toll Free: 1-888-520-5828
In Toronto: 416-326-0207
Toronto TTY: 416-326-0148
Other parts of Ontario: TTY 1-888-335-6611

To view the current version of the ODA, visit the Government of Ontario’s e-Laws website.

Introduction

There are 1.5 million people in Ontario with disabilities. This number is expected to increase as the population ages because the incidence of disability increases with age.

On December 14, 2001, the Ontarians with Disabilities Act, 2001 (the ODA ) was passed to improve access and opportunities for people with disabilities.

The ODA is designed so that cities, towns and other municipalities; hospitals; school boards; colleges and universities; public transportation providers, government ministries and agencies; the private sector and people with disabilities can take part in making Ontario a more accessible province.

The ODA has several important provisions:

• An introduction to explain the goals of the act;
• Sections that outline the purpose and definitions covered in the act;
• Sections that outline the duties of the government of Ontario, municipalities, other organizations, agencies and others;
• A general part that describes accessibility plans; the roles of the Accessibility Advisory Council of Ontario and the Accessibility Directorate of Ontario; offences; regulations and review of the act ;
• The final part lists other acts changed by the Ontarians with Disabilities Act, 2001.

The government of Ontario is committed to moving towards a province in which people with disabilities will not face any new barriers, and barriers that exist now are identified and removed.

Under the Ontario Human Rights Code, people with disabilities have the right to be free from discrimination in employment, services, goods, facilities and housing. The right to equal treatment is also addressed in a number of Ontario statutes and regulations, which include:

• The Assessment Act
• The Blind Persons' Rights Act
• The Building Code Act, 1992
• The Corporations Tax Act
• The Income Tax Act
• The Education Act
• The Ontario Disability Support Program Act, 1997
• The Workplace Safety and Insurance Act, 1997

Interpretation

Section 1. Purpose

The purpose of the Ontarians with Disabilities Act, 2001 is to improve access and opportunities for people with disabilities. The act provides for their involvement in identifying, removing and preventing barriers so they can fully take part in the life of the province.

Section 2. Some Key Definitions

Barrier

A "barrier" is anything that stops a person with a disability from fully taking part in society because of that disability. Some barriers include:

• physical barriers, for example a step at the entrance to a store;
• architectural barriers, for example no elevators in a building of more than one floor;
• information or communications barriers, for example a publication that is not available in large print;
• attitudinal barriers, for example assuming people with a disability can't perform a certain task when in fact they can ;
• technological barriers such as traffic lights that change too quickly before a person with a disability has time to get through the intersection; and
• barriers created by policies or practices, for instance not offering different ways to complete a test as part of job hiring.

Disability

The following is the same definition as used in the Ontario Human Rights Code.

A "disability" is:

1. Any degree of physical disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect or illness and includes, but is not limited to:
   • diabetes mellitus;
   • epilepsy;
   • a brain injury;
   • any degree of paralysis;
   • amputation;
   • lack of physical co-ordination;
   • blindness or visual impediment;
   • deafness or hearing impediment;
   • muteness or speech impediment; or
   • physical reliance on a guide dog or other animal, or on a wheelchair or other remedial appliance or device;
2. A condition of mental impairment or a developmental disability;
3. A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
4. A mental disorder; or
5. An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Note: For other definitions, please refer to section 2 of the Ontarians with Disabilities Act, 2001.

Duties of the Government of Ontario

Section 4. Government Buildings, Structures and Premises

     (1) The Government of Ontario will develop barrier-free design guidelines that promote accessibility for people with disabilities to buildings that the Government buys, leases, builds or significantly renovates after this section comes into effect.

Level of Accessibility

     (2)The barrier-free design guidelines put together by the Government of Ontario will make sure that the level of accessibility for government buildings is at least as good as or better than the level of accessibility required by the Building Code Act, 1992.

Different Requirements

     (3) Different government buildings or structures may have different levels of accessibility. To find out about the current guidelines for buildings and structures go to the Building Code Act, 1992.

Duty to Comply

     (4) The Government of Ontario will make sure that the design of buildings and structures follows accessibility guidelines before its employees move in.

New Leases

     (5) When leasing a building or structure for use by its employees, the Government of Ontario will look at the design and consider how well it meets accessibility guidelines before a new lease is signed.

Section 5. Government Goods and Services

Before buying equipment, supplies or services for itself, its employees or the public, the Government of Ontario will consider the accessibility of the equipment, supplies and services to people with disabilities.

Section 6. Government Internet Sites

The Government of Ontario will make its Internet sites accessible to people with disabilities unless it is not technically feasible to do so.

Section 7. Government Publications

When asked, the Government of Ontario will provide copies of Ontario publications in an accessible format unless it is not technically possible to do so.

Section 8. Government Employees

     (1) The Government of Ontario will accommodate the accessibility needs of its employees as required by the Human Rights Code. To get a copy of the Human Rights Code, visit or contact:

In Toronto: 416- 326-9511
Outside Toronto Area: 1-800-387-9080
TTY (Local): 416-314-6526 or
TTY (Toll Free): 1-800-308-5561

Applications for Employment

     (2) The Government of Ontario will accommodate the employment-related accessibility needs of people with disabilities who apply for jobs with the Ontario government, as required by the Human Rights Code.

Training

     (3) The Government of Ontario will make sure  that  its managers and supervisors are trained to meet the government's duties  to employees with disabilities.

Information

     (4) The Government of Ontario will tell  its employees about their rights and the  duties of the Government and its employees relating to employees with disabilities.

Section 9. Government-funded Capital Programs

Government-funded capital programs can include government funding for a new building or the remodelling of an older building.

A project for an existing or proposed building that is subject to accessibility requirements under the Building Code Act, 1992 and its regulations, must meet or exceed that level of accessibility to be eligible to receive funding from the government.

Projects not subject to accessibility requirements under the Building Code Act, 1992, may be required to provide accessibility for people with disabilities as part of the eligibility requirements to receive funding under government-funded capital programs.

Section 10. Ministry Accessibility Plans

     (1) Each ministry of the Ontario government will:

• Prepare an accessibility plan as part of its yearly plan; and
• Consult with the Accessibility Directorate of Ontario when it prepares its plan.

Contents

     (2) The accessibility plan will consider barriers to people with disabilities and ways to remove and prevent those barriers. These barriers can include laws, policies, programs, practices and services.

     (3) The accessibility plan will include:

• A report on the measures the ministry has taken to identify, remove and prevent barriers to people with disabilities;
• How the ministry assesses its proposals for legislation, policies, programs, practices and services;
• A list of Acts, regulations, policies, programs, practices and services the ministry will review in the coming year to identify barriers;
• How the ministry intends to identify, remove and prevent barriers in the coming year; and
• All other information that the ministry is required to provide by the regulations.

     (4) Ministries must make their accessibility plans available to the public.

Duties of Municipalities

Section 11. Municipal Accessibility Plans

     (1) Each year, the council of every municipality will:

1. Prepare an accessibility plan; and
2. Either:
3. 1. Get advice from its accessibility advisory committee; or
   2. Consult with people with disabilities and others if the council doesn't have an accessibility advisory committee.

Contents

     (1) The accessibility plan will consider barriers to people with disabilities and ways to remove and prevent them. These barriers can include the municipality's by-laws and its policies, programs, practices and services.

     (2) The accessibility plan must include:

1. A report on the steps the municipality has taken to identify, remove and prevent barriers to people with disabilities;
2. How the municipality assesses its proposals for by-laws, policies, programs, practices and services;
3. A list of by-laws, policies, programs, practices and services the municipality will review in the coming year to identify barriers;
4. How the municipality intends to identify, remove and prevent barriers in the coming year; and
5. All other information required by the regulations.

     (3) Municipalities will make the accessibility plans available to the public.

Section 12. Accessibility Advisory Committees

     (1) Municipalities with a population of 10,000 or more must set up an Accessibility Advisory Committee. Any municipality with a population of less than 10,000 may also set up an Accessibility Advisory Committee. In either case a municipality may continue the activities of a committee that is already in place.

Duty of Committees

     (2) The Accessibility Advisory Committees will advise the council about preparing an accessibility plan, how it will work, or is working, and if it achieves its goals.

Members

     (3) More than half of the members of the Committee must be people with disabilities.

Duty of Council

     (4) The council will  get advice from the committee on the accessibility of buildings, structures or premises that:

The council purchases, builds or significantly renovates;

The council leases; or

A person makes available as a municipal building (for example, an arena).

Functions

     (5) The Committee will:

1. Review selected site plans and drawings for new buildings or developments (as described in section 41 of the Planning Act); and
2. Carry out all other duties that are in the regulations.

Supplying Site Plans

     (6) If requested by the Committee, the council will supply site plans to the accessibility advisory committee for review without delay.

Section 13. Municipal Goods and Services

The council of every municipality will take into account how accessible any equipment, supplies or services to be bought by the municipality, for use by itself, its employees or the public, is to people with disabilities.

Duties of Other Organizations, Agencies and People

Section 14. Public transportation organizations

     (1) Each year, every public transportation organization will:

1. Prepare an accessibility plan; and
2. Consult people with disabilities and others when it prepares its plan.

Content

     (2) The accessibility plan will address barriers to people with disabilities, and ways to remove and prevent them, in the organization's by-laws, policies, programs, practices and services.

     (3) The accessibility plan will include:

1. A report on the measures the organization has taken to identify, remove and prevent barriers to people with disabilities;
2. The measures in place to ensure that the organization assesses its proposals for by-laws, policies, programs, practices and services;
3. A list of by-laws, policies, programs, practices and services the organization will review in the coming year to identify barriers;
4. How the organization intends to identify, remove and prevent barriers in the coming year; and
5. All other information required by the regulations.

     (4) The public transportation organization must make its accessibility plan available to the public.

Section 15. Scheduled Organizations

Scheduled organizations include:

• School boards as defined in section 1 and established under 68 of the Education Act;
• Hospitals as defined in the Public Hospitals Act and licensed under the Private Hospitals Act;
• Boards of Governors of colleges of applied arts and technology; and
• Universities and affiliated colleges receiving grants from the government of Ontario.

     (1) Each year, every scheduled organization will:

1. Prepare an accessibility plan; and
2. Talk with people with disabilities and others when it prepares its plan.

Contents

     (2) The accessibility plan will address barriers to people with disabilities, and ways to remove and prevent them, in the organization's by-laws, policies, programs, practices and services.

     (3) The accessibility plan will include:

A report on the measures the organization has taken to identify, remove and prevent barriers to people with disabilities;

The measures in place to make sure that the organization assesses its proposals for by-laws, policies, programs, practices and services;

A list of by-laws, policies, programs, practices and services the organization will review in the coming year to identify barriers;

How the organization intends to identify, remove and prevent barriers in the coming year; and

All other information required by the regulations.

     (4)Scheduled organizations will make the accessibility plan available to the public.

Section 16. Agencies

An "Agency" is any organization or class of organizations named in the regulations as an agency. The Workplace Safety and Insurance Board would be an example of an agency.

The ODA allows the Lieutenant Governor in Council to make a regulation that names or describes the organizations or class of organizations that will be required to prepare accessibility policies.

However, as described in section 23 of the ODA, the Lieutenant Governor in Council may not make a regulation naming or describing any organization or type of organization as an "agency" unless it:

1. Gives services to the public;
2. Is not an organization in the private sector; and
3. Is described in one or more of the following items:
   1. Receives ongoing funding from the Government of Ontario that is equal to or more than an amount given in the regulations ;
   2. Is created, continued or operated by an act, a regulation or an order in council from the government;
   3. Provides services under a license given by Ontario or a municipality in Ontario;
   4. Owns, leases or manages properties, buildings or premises that are open to the public;
   5. Holds hearings that are open to the public;
   6. Has an annual budget equal to or more than an amount given in the regulations
   7. Its total number of employees is equal to or more than the number given in the regulations.

     (1) Every agency will prepare an accessibility policy.

Contents

     (2) The accessibility policy will address how services are provided to people with disabilities in the policies, programs and practices of the agency.

Joint Accessibility Policies

     (3) Two or more agencies may prepare an accessibility policy together.

     (4) Agencies that prepare a joint accessibility policy do not have to prepare an individual accessibility policy if the joint policy meets the requirements for each individual party.

General

Section 17. Joint Accessibility Plans

     (1) Two or more organizations are allowed to prepare an accessibility plan together and make it available to the public (for example, a town and a county, or a city and its school board).

     (2) If an organization prepares an accessibility plan with another organization, it does not need to make its own accessibility plan if the joint plan meets the ODA's individual requirements for each party.

     (3) Two or more municipalities or organizations can set up or continue the work of an existing joint accessibility advisory committee.

     (4) If a municipality or organization already has its own or is part of a joint accessibility advisory committee that meets the terms of the ODA, it does not have to set up a new committee.

Section 18. Guidelines for Accessibility Plans and Policies

     (1) The Government of Ontario will create guidelines for preparing accessibility plans and policies under this act.

Exemptions

     (2) There may be different guidelines for different types of organizations. A guideline may exempt an organization from its provisions.

Conflict

     (3) A regulation on preparing accessibility plans or policies takes priority over a "guideline."

Please Note: More detailed information about regulations can be found in section 23 of this guide or in the full text of the Ontarians with Disabilities Act, 2001.

Section 19. Accessibility Advisory Council of Ontario

     (1) The Minister will establish an Accessibility Advisory Council ("the Council") of Ontario.

Members

     (2) More than half  of the members of the Council will be people with disabilities.

Remuneration and Expenses

     (3) The Minister may pay the members of the Council and pay their expenses. The amount must be approved by the Lieutenant Governor in Council.

Duties

     (4) At the direction of the Minister, the Council will advise the Minister on:

1. How to carry out the act and prepare the regulations;
2. Programs of public information that have a connection to the act;
3. The accessibility for people with disabilities to services provided or paid for by the Government of Ontario;
4. Accessibility for people with disabilities to employment opportunities in Ontario; and
5. Any other matters related to the act where the Minister requests advice.

Reports

     (5) The Council will give the Minister an annual report on its activities and other reports as requested.

Section 20. Accessibility Directorate of Ontario

     (1) An Accessibility Directorate of Ontario will be set up and will report to the Minister.

Duties of the Directorate

     (2) At the direction of the Minister, the Directorate will:

• Support and consult with the Accessibility Advisory Council of Ontario;
• Research, develop and conduct programs of public education about the Act;
• Consult with ministries, municipalities, organizations listed by regulation, public transportation organizations, scheduled organizations, agencies or other people or organizations on the preparation of their accessibility plans and policies;
• Request all organizations that must prepare accessibility plans or policies to provide the Directorate with all requested plans or policies;
• Review accessibility plans or policies that it requests;
• Consult with the Accessibility Advisory Council of Ontario, people with disabilities and others as the minister directs in developing codes of conduct, standards, guidelines and procedures to carry out the act;
• Review comments on draft regulations and make recommendations to the Minister on them;
• Examine and review acts, regulations, programs and policies and make recommendations to the Minister with a view to improving opportunities for people with disabilities; and
• Carry out all other duties related to the ODA that the Minister determines.

Section 21. Offences

The following are guilty of an offence and, if convicted, can be fined up to $50,000:

1. Any organization that is required to prepare an accessibility plan and make it available to the public, but does not do so;
2. Any municipality that does not set up or continue an accessibility advisory committee where required to do so; and
3. An agency that does not prepare an accessibility policy where required to do so.

Section 22. Review of Act

     (1) The ODA will be reviewed within five years after this section becomes law.

Contents

     (2) The review may include recommendations to improve the effectiveness of this act.

Section 23. Regulations

     (1) The Lieutenant Governor in Council can make regulations:

• Designating organizations to come, or not come, under the definition of "ministry" or "Government of Ontario";
• Changing the organizations included in the schedule (see section 15)
• Naming or describing an organization which is or is not an "agency" (see subsection (4);
• Dealing with a matter that the ODA describes as something which can be prescribed, set out or dealt with by regulation;
• Defining what the term "significant renovation" or "new lease" means;
• Governing the preparation and contents of accessibility plans or policies;
• Naming organizations that have specific obligations as set out in sections 11, 12 or 13 of the act;
• Setting out a time period for compliance with the act, if a time period is not already specified;
• Exempting entities or premises from a specified provision of the act or the regulations;
• Respecting any other matter that the Lieutenant Governor in Council considers necessary to the act.

Opportunity for Comments

     (2) The Lieutenant Governor in Council will not make a regulation until it has published a version of the regulation in The Ontario Gazette (a weekly publication that publishes all Ontario regulations) and allowed people a reasonable opportunity to give comments to the Accessibility Directorate of Ontario.

     (3) The Lieutenant Governor in Council will not make a regulation naming or describing any organization or type of organization as an "agency" unless it:

• Gives services to the public;
• Is not an organization in the private sector; and
• Is described in one or more of the following items:
  • Receives ongoing funding from the Government of Ontario that is equal to or more than an amount given in the regulations ;
  • Is created, continued or established by an act, a regulation or an order in council from the government, or operated under one of these;
  • Provides services under a license issued by Ontario or a municipality in Ontario;
  • Owns, leases or manages properties, buildings or premises that are open to the public;
  • Holds hearings that are open to the public;
  • Has an annual budget equal to or more than an amount given in the regulations
  • Its total number of employees is equal to or more than the number given in the regulations.

Scope

     (4) A regulation may apply to general or specific circumstances. It can also be limited to where it applies.

Classes

     (5) A regulation may create different classes of, and impose different requirements, conditions or restrictions on people, ministries, municipalities, organizations, agencies and others.

     (6) A "class" under this act or the regulations can be defined according to an attribute, quality or characteristic and may include or exclude specified members.

Adoption of Codes

     (7) If the Lieutenant Governor in Council is satisfied that the Accessibility Directorate of Ontario has consulted at the minister's request with the Accessibility Advisory Council, people with disabilities and others on a code, a code of conduct, formula, standard, guideline, protocol or procedure, a regulation may:

• Adopt the code, code of contact, formula, standard, guideline, protocol or procedure, with the changes that the Lieutenant Governor in Council sees necessary; and
• Require the code, code of conduct, formula, standard, guideline, protocol or procedure be complied wit

Complementary Amendments

Other acts have been amended as a result of the Ontario Disabilities Act, 2001. To read these amendments, see sections 24-32.

---

• Print this article
• Email this article