Who has to comply with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its standards?
The AODA applies to people, businesses and organizations in Ontario in the public and private sectors, including the Legislative Assembly of Ontario.
Ontario has its first accessibility standard – for customer service. The Accessibility Standards for Customer Service Regulation, O. Reg. 429/07 became law on January 1, 2008. Four other standards are being developed in other important areas, including:
- transportation
- information and communications
- the built environment
- employment
When do businesses and organizations have to comply with the standards?
Each standard will identify the businesses and organizations that need to comply and will set the dates for meeting the requirements of the standard. There may be different compliance dates for different types of businesses and other organizations.
The Customer Service Standard is now law.
How will businesses and organizations know what they have to do to comply with a standard?
Ontario will be providing information to businesses and organizations through events, the website and direct communication about when and what they need to do to comply with a standard.
Individuals, businesses and 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 organizations are complying with AODA standards?
Businesses and organizations covered by a standard will be required to file an accessibility report on whether they are complying with the standards, unless they are specifically exempted by regulation from filing a report. For example, businesses and organizations with fewer than 20 employees are exempted from filing reports on the Customer Service Standard by the Exemption from Reporting Requirements Regulation, O.Reg. 430/07.
Ontario will be providing information and resources to help businesses and other organizations assess their compliance with the standards. This self-assessment approach is intended to help ensure that accessibility becomes a regular part of doing business in Ontario.
A director, senior officer or other person with authority to bind the business or organization will be required to certify that their report is accurate. Businesses and organizations must make their reports available to the public.
Accessibility reports will be in an easy-to-complete, accessible format, and it is anticipated that they will be accompanied by a compliance manual explaining ways businesses and organizations might meet the requirements of the standard.
A director designated under the AODA may review accessibility reports to determine whether the business or organization has complied with all applicable standards.
Further guidance on how to make reports available to the public and other matters related to the reporting requirements will also be available in 2009.
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 compliance with the AODA and its standards. The Act also allows for inspections and enforcement measures.
What happens if a business or organization doesn’t comply with a standard?
Ontario will first try to help businesses and organizations comply with the standards. For example, businesses and organizations will be provided with information on how to comply with the standard as a first step.
Businesses and organizations that do not comply with the standard may be issued a director’s order for compliance and/or to pay an administrative penalty. An order may be appealed to a tribunal, which will be designated under the AODA.
An order to pay an administrative penalty that is not complied with and not appealed within the specified timeframes may be filed with the Superior Court of Justice and may be enforced as if it were an order of the court.
A person or corporation may also be found guilty of an offence under the AODA for failing to comply with an order of a director or the Tribunal under the AODA.
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 the enforcement of 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.
Will the government provide funding to help businesses and organizations comply with AODA standards?
The government realizes that a “one-size-fits-all” approach might not work for all businesses and organizations, so through the standards development committees (SDCs), the government works closely with various sectors to create standards in ways that make sense.
The government is taking 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, SDCs have flexibility in the creation of proposed accessibility standards. They can consider different requirements and timelines for different kinds of 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
- More information on the standards and the SDCs
Dedicated funding to meet accessibility standards will not be provided by the provincial government.
What can I do if I have a complaint about a business or organization that might not be in compliance with a standard?
You might consider bringing the complaint to the attention of the business or organization so that it has an opportunity to respond to your concern.
Also, individuals who feel that they have been discriminated against based on a disability may contact the Human Rights Tribunal of Ontario, which handles 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.
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.