AODA and the Proposed Built Environment Standard

The AODA Built Environment Standard for public spaces draft has been released by the Ontario 
Government for public review and consultation. 

Overview of requirements and compliance deadlines

The proposed Standard for “public spaces” includes requirements for the following spaces:

• Recreational trails and beach access routes
• Outdoor public use eating areas
• Outdoor play spaces
• Exterior paths or travel
• Accessible parking
• Service counters, fixed queuing guides and waiting areas.

The proposed Standard includes the following tentative dates for compliance:

• For the Government of Ontario and the Legislative Assembly, January 1, 2015.
• For designated public sector organizations, January 1, 2016.
• For large organizations, January 1, 2017.
• For small organizations, January 1, 2018.

Once approved, the Standard will form part of the already-enacted Integrated Accessibility Standards Regulation (often termed the IASR).

The “Redevelopment” part

The Standard’s requirements apply to new and “redeveloped” spaces. The Standard defines “redeveloped” as “planned significant or substantial changes” to public spaces but does not include “maintenance activities”.
The Standard defines “maintenance” as activities meant to keep existing public spaces and elements in existing public spaces in good working order, or to restore the spaces or elements to their original condition, for example, by painting or through minor repairs.
The definition of maintenance follows established patterns in legislation and jurisprudence (i.e. labour relations and occupational health and safety) which determine what constitutes “construction work,” as opposed to “maintenance work,” on similar considerations.

Accessibility report

The Standard also makes changes to the requirement to file an accessibility report. Currently, the report would need to be filed with the Ministry of Community and Social Services every year. Under the changes proposed the Government of Ontario and the Legislative Assembly would still be required to file an accessibility report annually, but public sector organizations will be required to file every two years and large private sector organizations every three years. The Standard also makes changes to the Transportation Standard and the Information and Communication Standard (which also form part of the IASR).

Who bears the compliance responsibility?

This lack of clarity could also lead to serious problems with compliance and enforcement. For instance, small organizations are exempt from many of the requirements.

• If the tenant is a small organization (most private organizations with at least one but fewer than 50 employees in Ontario) and the owner is a large organization, does the Standard apply?
• What if the Standard technically applies to the large organization, but the small organization alone has authority to implement compliance measures? What would happen if the small organization-tenant does not want to pay for such measures that apply only to the owner, or refuses to remain closed longer for renovations so the owner can implement compliance measures?

Have your say

The draft Standard is open for public review and comment until October 1, 2012. 

Take the time to share some of the things you can do to comply with the Built Environment Standard

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-503-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca 

The Proposed Built Environment Standard

It has been brought to my attention that there are some common misconceptions about the final proposed built environment standard under the Accessibility for Ontarians with Disabilities Act (AODA). This post is dedicated to clarifying a few of these misunderstandings.

Misconception number 1: The final proposed accessible built environment standard is a regulation.

Answer: No, the final proposed accessible built environment standard is not yet a regulation.

Why the misconception? Because numerous organizations concerned with the accessible built environment have copies of the final proposed standard, and they are already using it in their decision making processes. There is nothing wrong in using the proposed standard for informational purposes remembering that current laws prevail until the standard becomes regulation in whole or in part.

Misconception number 2: The proposed standard includes the topic of retrofits.

Answer: No, the final proposed standard does not include the topic of retrofits.

Why the misconception? The word retrofitting is used to mean that existing buildings or structures will be legally forced to become accessible by a specific date. When the initial copy of the proposed accessible built environment standard was released for public review, retrofitting existing structures was a discussion topic. After public review, the provincial government decided the accessible built environment standard at this time would only affect the building of new structures and major renovations to existing buildings.

Misconception number 3: The proposed standard takes effect as of the year 2014.

Answer: No, a date cannot be presumed until the proposed standard becomes a regulation. The date this standard will take effect remains unclear. People can speculate on when they believe the accessible built environment standard will become a regulation but they are merely guesstimates.

Why are people guessing? Some builders, architects, engineers, organizations and accessible built environment consultants are eager to address the topic of accessibility as soon as possible. Again, there is nothing wrong with advance preparation; in fact, I admire those who are already moving toward remedying universal accessibility issues. It is just a mistake to emphatically state that a date is attached to the proposed standard.

So, as we learn about the proposed accessible built environment standard created under the Accessibility for Ontarians with Disabilities Act, it is vital to know when we or our experts are guessing as opposed to what information is confirmed. Until a proposed standard becomes a regulation, what we read is written by esteemed standards committees who provided their expertise. I have read many versions of draft proposed standards. I can attest to the numerous changes in draft standards and final proposed standards after public reviews. The best part of working with proposed standards is they often provide a best practice approach that your organization may decide to consider, regardless of impending laws.

Take the time to share some of your thoughts on the Built Environment and how you can comply.

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-503-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca

Accessible electronic information and communications

There are some simple ways that organizations and content-creators can alter our daily habits so that people with a variety of disabilities who depend on a screen reader can understand information. What is a screen reader? A screen reader reads aloud electronic communications.

This article is just a first step to give you the heads up on some simple changes you can establish now. Other steps can help you prioritize the changes that may be necessary in your organization.

Consider these screen reader tips:

1. Email: When sending emails, use the BCC (blind carbon copy) section of your address to send bulk emails. Use just one name in the main address section. Otherwise, recipients who use a screen reader have to listen to all the names and addresses of everyone who is receiving your email. Not only is this aggravating and time consuming, but by providing only one name in the heading you will be keeping your contacts private.
2. Pictures: The cliché that pictures replace a thousand words is not useful for a person who is blind or has low vision or vision loss. Use open captioning features and describe what you are trying to say in the picture. Hopefully it will not take a thousand words.
3. Plain language: If you are talking to a wide audience it is always to your benefit to use plain language rather than specialized or technical language or jargon.
4. Fonts: Use simple fonts like Arial and Verdana at a minimum of 12 points. Artistic fonts and italics can be difficult to read for people with a variety of disabilities.
5. Colour contrast: Electronic documents and websites should offer strong colour contrast and avoid using watermarks in the background. Always avoid glare. These steps can help any audience, which can otherwise be aggravated by unclear text on a colourful background.
6. Creating PDF documents: Adobe has provided accessibility features since Version 7, and improved them with Version 9. Spread the word that programmers should pay attention to the accessibility features, learn them and use them regularly.
7. All electronic documents: Make sure your documents are accessible. If you are not sure, contact the vendor.
8. Websites: An international organization called the World Wide Web Consortium (W3C) provides protocols and guidelines to ensure that web-based information is accessible to everyone. Make sure your programmers know how to build and maintain an accessible website. Make sure all of the people involved are aware of their obligations to offer accessible information.
9. A best practice approach is to prioritize existing web content to become accessible based on:
• Usability factors, for example, questionnaires, feedback or applications
• Information that is frequently visited, legal or vital
10. Encryption codes: Such codes are not accessible to people who are blind or have low vision or vision loss. Often the codes are so complicated that sighted users also have problems with accessibility. Offer an accessible non-biometric alternative method to verify you are dealing with an adult.
11. Accessible website portal: Use the upper left hand corner of your website to direct a screen reader to read aloud that there is an accessible section of your website. By placing the prompt in the upper left hand corner the screen reader will speak these words first to the end-user. Make this a temporary solution while you are preparing to provide a fully accessible website.
12. Free screen readers: There are free screen readers available. You can download one and learn how to use it. When providing accessible information, use the screen reader to identify problem areas.
13. Free accessible website assessments: You can find out if your website is accessible by asking a company that specializes in creating accessible websites for an evaluation. You can also contact companies that sell software that maintains a website’s accessibility. These companies often help organizations test some sample pages of their website free of charge.

Take the time to share some of the things you have done to comply with the Integrated Accessibility Standard of the AODA.

If you are interested in learning more about Accessibility for Ontarians with Disabilities Act (AODA) or how to make accessibility a natural part of your business through the application of Corporate Social Responsibility, please contact Sandra Broekhof @ 416-503-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca