What are the requirements for municipalities under the Ontarians with Disabilities Act, 2001 (ODA)?
All municipalities are required to prepare accessibility plans and make them public, and to consult with people with disabilities in preparing their plans. (section 11)
Municipalities of 10,000 or more residents are required to establish accessibility advisory committees, and a majority of their members must be people with disabilities.
Municipalities with fewer than 10,000 residents must consult with people with disabilities and others in preparing their plans and may establish or continue to have an accessibility advisory committee. (section 12)
Joint accessibility advisory committees and joint plans are permitted. For example upper and lower tier municipalities (such as county and the towns and cities within its boundaries) may choose to work together on accessibility initiatives. Joint plans may also be undertaken between a number of municipalities and by municipalities with their school boards, transportation organizations, hospitals, community colleges and universities where appropriate.
Municipalities will be required to make accessibility a consideration when purchasing goods and services, in planning and in subdivision approval. (section 13 and section 31)
Municipalities are required to:
- consider accessibility when purchasing goods and services, in planning and in subdivision approval;
- develop accessibility plans for municipally-administered, subcontracted or licensed transit providers in consultation with persons with disabilities;
- improve access to municipal elections by giving greater consideration to accessible voting locations and to go to electors if necessary to enable them to vote;
- ensure that new social housing additional units or replacement units include a percentage of modified units for persons with disabilities;
- enforce new penalties for counterfeiting and misuse of Disabled Person Parking Permits; and
- increase the minimal penalty for misuse of designated parking under municipal by-laws to $300.00.
Municipalities are also able to stipulate accessibility requirements when granting business licenses if they wish.
What is the definition of municipalities under the ODA?
The definition of a municipality is consistent with the definition of municipalities under the Municipal Act which is: a geographic area whose inhabitants are incorporated. This may include, for example, local municipalities, a county, a regional municipality or district municipalities.
Does our county have to prepare an accessibility plan? Should small municipalities in our county be part of a joint plan or must they prepare their own plans?
All municipalities are required to prepare either their own individual accessibility plan or a joint plan.
Counties which fall under the definition of municipality are required to have an accessibility advisory committee and prepare an accessibility plan if its population is over 10,000.
Municipalities under 10,000 may choose to consult with people with disabilities on their own. They also have the option of independently developing their own plans.
Municipalities may choose whether or not to participate in a joint plan and may at any time forego participation in a joint plan, provided they then create their own plan.
Where joint committees are established by two or more municipalities or partners, the committees should include representation from those areas and partners. Each partner must:
- approve the joint plan every year;
- implement its components of the plan; and
- make the joint plan public.
Section 17(2) of the ODA says that organizations can prepare joint plans and are not required to prepare an individual plan if the joint plan meets the requirements of the act for the individual plan.
This means that for a joint plan, the specific requirements that an organization would have been required to follow in an individual plan must be addressed in the joint plan. Someone reading the plan should be able to look at the plan and find the following sections specifically regarding each organization included in the plan:
- a report on the measures the organization has taken to identify, remove and prevent barriers to persons with disabilities;
- the measures in place to ensure that the organization assesses its proposals for by-laws, policies, programs, practices and services to determine their effect on accessibility for persons with disabilities;
- a list of the by-laws, programs, practices and services that the organization will review in the coming year in order to identify barriers to persons with disabilities;
- the measures that the organization intends to take in the coming year to identify, remove and prevent barriers to persons with disabilities;
- all other information that the regulations prescribe for the purpose of the plan. (At the present time, there are no existing ODA regulations.)
Do the municipal accessibility advisory committees report directly to the municipal councils?
No. The ODA requires that accessibility advisory committees advise municipal councils on matters relating to the preparation, implementation and effectiveness of its accessibility plan (section 12(2) ).
The section does not prohibit an accessibility advisory committee from being a subcommittee of a committee of council; nor does it require that an accessibility advisory committee be a committee of council.
The intent of these sections is to encourage direct communication between the committee and the council.
How quickly must municipalities remove existing barriers?
Municipalities will have the flexibility to identify local priorities for review each year, report on progress for the previous year’s priorities, and may phase in access over time if they wish.
Does the provincial government provide any tools to assist municipalities in implementing their obligations?
The Accessibility Directorate of Ontario has provided several resources including two documents entitled, “How To - Guide to Establishing a Municipal Accessibility Advisory Committee (AAC)” and “A Guide to Municipal Accessibility Planning”.
It is expected that municipalities will develop accessibility plans within their existing planning processes, using existing resources, including staffing and time.
Where will smaller municipalities find people with disabilities to consult with or to sit on their accessibility advisory committee?
Many people with disabilities are actively involved with disability organizations in their community. Some examples of these organizations include: the Canadian National Institute for the Blind; Easter Seals Association; Canadian Mental Health Association; Canadian Hearing Society and Community Living Ontario as well as consumer organizations such as independent living centres and injured workers associations. Seniors organizations may also have volunteers with disabilities who might be interested in getting involved in an accessibility advisory committee.
We encourage municipalities to contact these and other organizations in their community to locate individuals who have expertise and credibility in disability issues.
In addition, municipalities may choose to establish a joint committee with other municipalities to share the expertise of persons with disabilities in their region. (section 17)
Can we have parents of children with disabilities on our accessibility advisory committees? What happens if a very qualified applicant applies to be a member of a local committee who does not have a disability?
The only criterion in the ODA legislation on the membership of municipal accessibility advisory committees is that the majority must be people with disabilities.
This provision has been established to ensure that municipalities hear directly from people with disabilities and not from third parties. The ODA does not specify the criteria for other members of the committee.
Municipalities are best able to determine their specific needs for additional members. Parents of children with disabilities and any other qualified member of the community could be considered to complete committee membership.
The ODA does not specify how large the committee must be. Some municipalities may wish to establish sub-committees to the accessibility advisory committees to allow members of the public with special expertise to provide input and feedback into unique areas of concern.
What is the timeline for completing municipal accessibility plans?
The ODA requires all municipalities to prepare accessibility plans on an annual basis. The plans must be developed in consultation with people with disabilities and/or the accessibility advisory committee and made available to the general public (refer to section 11 and section 12, if applicable).
Plans must identify barriers in by-laws, policies, programs, practices and services that affect people with disabilities and steps to be taken over time to remove identified barriers and prevent new ones.
Municipalities may choose to incorporate the preparation of annual accessibility plans as part of their regular calendar planning and budget process.
How should municipalities make their plans public?
Municipalities may use a variety of methods for letting members of the public know about their plan, for example: posting the information on their website, putting a notice in their local newspaper, posting information on a bulletin board in their local library or at other community centres.
If municipalities under 10,000 choose to post information on a plan seeking public input they should ensure that the disability community (individuals and organizations) are aware of the posting and have an opportunity to provide comment. It is also important, however, that others in the community have an opportunity to comment as well. [section 12(1)]
Finally, any posting needs to be available in formats that are accessible to people with disabilities.
Does the ODA require heritage or historical buildings to be made accessible?
Since the late 1980s people with disabilities have had to be accommodated in accordance to the accommodation requirements of the Ontario Human Rights Code. These provisions do not change under the ODA.
Many communities in Ontario are already applying the principles of accessibility when retrofitting older buildings and when building new facilities. Some municipalities in Ontario have found one of the most cost-effective ways of increasing access to historical buildings is by including these features in construction as they repair and upgrade their facilities.
Others view retrofitting historical buildings as an opportunity to open their communities up to a new market of consumers - seniors and people with disabilities - who are residents or may be visiting as tourists.
Some municipalities in Ontario have also taken advantage of funding opportunities for infrastructure to make their buildings and programs accessible.
For more information in this area you may wish to contact the Ontario Human Rights Commission or review the Ontario Ministry’s of Culture’s Architectural Conservation Notes series on Accessibility and Historic Buildings.
Does our municipality have to provide all of its site plans to its accessibility advisory committee?
No. Municipalities only have to provide those site plans and drawings described in Section 41 of the Planning Act that are requested by an Accessibility Advisory Committee.
Once site plans and drawings are requested, municipal councils must supply such drawings in a timely manner.
Section 41 only applies to specific areas designated by municipalities and does not refer to every development application. Site plans apply to the exterior features of a property such as curb cuts, ramps, walkways and lighting and not the interior features of buildings.
Some municipalities are working with their Accessibility Advisory Committees to develop checklists of features that will help developers make their properties accessible.
Can the accessibility advisory committee require all buildings to meet universal design standards?
No. The Ontario Building Code and its barrier-free design requirements govern the accessibility and interior design standards of all buildings, both public and private. Municipalities have the responsibility to enforce these standards.
Under section 12(4)of the ODA, however, municipal council must seek advice from the committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises,
(a) that the council purchases, constructs or significantly renovates;
(b) for which the council enters into a new lease; or
(c) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with section 210.1 of the Municipal Act.
To provide municipal councils with guidance in this area, some communities have established barrier-free design standards for their municipal facilities, which are higher than the barrier-free design requirements in the Building Code. They have developed those standards with input from their Accessibility Advisory Committees or persons with disabilities in their communities. These municipalities include: Peterborough, London, Richmond Hill and Burlington.
For more information on the Ontario Building Code, visit the website of the Ministry of Municipal Affairs.
Why do some municipalities have disabled person parking by-laws and others not?
Parking needs vary greatly across the province, from remote northern municipalities, which may have one or two streets, to larger municipalities elsewhere in the province.
A model parking by-law (Municipal Resource Package on Designated Parking for Persons with Disabilities) is available to provide guidance to municipalities wishing to develop by-laws designating parking for persons with disabilities in their communities.
If you have a question about a particular municipality, please contact that municipality directly.
What are the consequences of the misuse of accessible parking permits?
The accessible parking permit, formally known as the disabled person parking permit, allows an individual to park in a designated disabled parking space. The individual to whom the permit was issued must be with the vehicle and the permit must be displayed on the dashboard or sun visor. The permit holder can use the permit in any vehicle they are travelling in. There is no fee for an Accessible Parking Permit.
The ODA makes complementary amendments to section 27 of the Highway Traffic Act, and under the amended section it is an offence to:
- possess a fake accessible parking permit;
- display, refuse to surrender, or use a (legitimate) an accessible parking permit;
- give, lend or sell a (legitimate) accessible parking permit except as permitted by regulation; and
- make, give, lend or sell a fake accessible parking permit.
The minimum fine for a person convicted of these offences is $300 and the maximum is $5,000. The specific dollar amount in a particular case will be the amount the court considers appropriate in the circumstances.
For more information on Ontario ’s accessible parking permit program, visit the website of the Ministry of Transportation.
At election time, how can municipalities with limited resources ensure that persons with disabilities are able to vote?
Many municipalities have already put measures in place to satisfy previous requirements under the Municipal Elections Act and the Ontario Human Rights Code.
The provisions under the ODA affecting municipal elections put a greater obligation on the clerk of a municipality to ensure that voting facilities are located in a place that is accessible to persons whose mobility is impaired by a disability or some other cause.
They also put a greater obligation on the deputy returning officer to assist an elector whose mobility is impaired by disability or some other cause to vote anywhere within the area designated as a voting place.
These provisions build on practices that municipalities have already been undertaking to ensure that residents in their communities are able to participate fully in the democratic process.
For more information on the requirements of the Municipal Elections Act, please contact the Ministry of Municipal Affairs and Housing. In addition, a number of examples of accommodating voters with special needs can also be found on the website of Elections Ontario.
What resources is the government willing to provide to help municipalities implement these measures?
The ODA builds on the practices many municipalities already have in place.
Municipalities that have chosen to phase-in accessibility and integrate accessibility features as they upgrade or repair buildings, confirm that upfront planning can result in innovative and creative solutions at little or no cost.
Accessibility Directorate staff have participated in a number of information sessions and workshops to help municipalities and Accessibility Advisory Committees understand their obligations under the ODA. Many of these sessions were held in conjunction with the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the Ministry of Municipal Affairs and Housing and other associations and groups.