Legal Framework

• Status of Accessibility Standards as at May 31st, 2010
• Report of Charles Beer on Review of the AODA
• Conference Presentation Summary - Moving Towards an Accessible Ontario by 2025 - Update on Accessibility Standards Development, Jelena Payne, Manager, Public Education & Partnership Unit, ADO

Overview

There are three primary pieces of legislation that Ontario municipalities must bear in mind when working towards greater accessibility for people with disabilities. These are the Accessibility for Ontarians with Disabilities Act, 2005 (AODA); the Ontarians with Disabilities Act, 2001 (ODA); and the Ontario Human Rights Code (OHRC). In addition, other Ontario acts and regulations, including the Blind Persons' Rights Act, the Building Code and the Municipal Elections Act, contain provisions designed to ensure access for persons with disabilities.

Accessibility for Ontarians with Disabilities Act

The purpose of the AODA is to develop, implement and enforce accessibility standards in order to achieve accessibility for Ontarians by January 1, 2025. It applies to all providers of goods and services in the public and private sectors. Five sets of standards will become regulations. The Accessibility Standards for Customer Service require public sector organizations to comply with this regulation by January 1, 2010. The remaining Accessibility Standards are Transportation, Information & Communications, Employment and the Built Environment. The status of each of the remaining four Standards will be updated as information becomes available.

The enforcement process as outlined in the AODA will be clarified by the government of Ontario. Failure to comply with the regulations can result in substantial fines.

As of May 31, 2010, the "Backgrounder" found on the Ministry of Community and Social Sevices web site, in the Accessibility for Ontarians with Disabilities section states the following:

Monetary Penalties

The Accessibility for Ontarians with Disabilities Act, 2005 gives the government the authority to set monetary penalties to enforce compliance with accessibility standards. The proposed penalties will only be used after all compliance assistance efforts have been exhausted.

Proposed amounts for these penalties range from $200 to $15,000, depending on the size and type of organization, their compliance history and the impact of the violation.

Appeals Tribunal

The Accessibility for Ontarians with Disabilities Act, 2005 calls for a tribunal to hear appeals from organixations that have been issued an enforcement action (e.g., an order to comply or a monetary penalty) that they wish to dispute.

After reviewing several tribunals, the government has selected the provincial Licence Appeal Tribunal. The Licence Appeal Tribunal has experience with similar types of appeals and is well known by the business community due to its involvement with consumer protection regulation.

The tribunal will not have the authority to hear claims by individuals who wish to make complaints about specific businesses and organizations.

In Section 29. (4) of the AODA, the role of Municipal Accessibility Advisory Committees will change to reflect how the provincial standards are being implemented. This section states: "The committee shall,
(a) advise the council about the requirements and implementation of accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice under subsection (5)".

The AODA provides that if one of its provisions or regulations conflicts with other legislation, the provision that provides the highest level of accessibility prevails.

• The Act
• The Regulations
• About the AODA
• Questions and Answers for Municipalities
• Training Video
• AccessON Website
• Training Webinar, Human Resources Professionals Association of Ontario, AODA Overview

Ontarians with Disabilities Act

• The Act
• A Guide to Accessibility Planning Under the Accessibility for Ontarians with Disabilities Act, 2001 (Sept. 2005)
• Training Video

Ontario Human Rights Code

The OHRC, which was originally enacted in the 1970s, applies in addition to the AODA and the ODA. It imposes a duty to accommodate disability short of undue hardship. New applications complaining about discrimination are filed directly with the Human Rights Tribunal of Ontario.

Municipalities have to consider the needs of everyone - including people with disabilities or on social assistance - when making bylaws. The Ontario Municipal Board (OMB) made that ruling, saying “municipalities – and this Board – are bound by the Human Rights Code."