Ten Years of the Accessibility for Ontarians with Disabilities Act

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015.

The action plan, Path to 2025: Ontario’s Accessibility Action Plan, focuses on three key priorities.

1. Initiatives to encourage businesses to hire persons with disabilities:

• Community Loans—a $4 million program to provide low-interest commercial loans to businesses that show a commitment to hiring persons with disabilities.
• Partnership for Accessible Employment—a $5 million program that helps small and medium-sized businesses hire and employ persons with disabilities.
• Abilities Connect—a $1.8 million partnership with the Ontario Chamber of Commerce to help employers build more inclusive workplaces and create a network of businesses that promote best practices.

2. Reviewing, streamlining and expanding accessibility laws and standards:

• Addressing barriers to accessibility identified through the government-wide review.
• Working with stakeholders on the steps the government could take regarding the timing of ongoing reviews of the act and accessibility standards. This would allow for collaboration with key stakeholders and the collection of critical implementation and compliance data to inform future reviews.
• Introducing legislation addressing barriers to accessibility identified through a government-wide review of high-impact legislation, ensuring that government documents and appeals processes are accessible for people with disabilities.
• Amending the Customer Service Standard to clarify and streamline requirements based on advice from the Minister’s Standards Development Committee.
• Reviewing the Transportation Standard beginning in the fall of 2015 to ensure requirements are working as intended and enabling Ontarians to travel easily to where they need to go—including to their workplaces.

3. Promoting awareness of and enforcing accessibility standards:

• Consulting with industry disability advocates, certification experts, municipalities and not-for-profits to develop a voluntary, third-party certification program, similar to the “LEED” designation in green buildings.
• Collaborating with professional audit services to enhance compliance and audit activities.
• Exploring opportunities through social media or online platforms to expand and strengthen the conversation on accessibility between businesses and persons with disabilities.
• Creating more public awareness campaigns focusing on raising awareness of the AODA and the Employment Standard.
• Releasing an annual compliance and enforcement plan—which will include audit blitzes—and report back to inform the public of efforts being made, and monitor compliance trends among obligated organizations. These annual updates will outline the previous year’s results and publicize targets and the plan for the following year.

Do you know how far toward compliance your company is?

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 @ 416-579-1035 or sandra_broekhof@sympatico.ca

Ten Years of the Accessibility for Ontarians with Disabilities Act

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015.

There are five accessibility standards currently in place under the AODA. The timelines for full implementation of the five standards are outlined below (deadlines in bold have passed):

The Design of Public Spaces Standard began in 2007

• The Standard was enacted in 2013
• Full Implementation in Government is 2015
• Full Implementation in the Public Sector will be in 2016
• Full Implementation in the Private Sector will be in 2018.

The Employment Standard began in 2007

• The Standard was enacted in 2011
• Full Implementation in Government was 2013
• Full Implementation in the Public Sector is 2015
• Full Implementation in the Private Sector will be in 2017.

The Information and Communications Standard began in 2007

• The Standard was enacted in 2011
• Full Implementation in Government will be in 2020
• Full Implementation in the Public Sector will be in 2021
• Full Implementation in the Private Sector will be in 2021.

The Transportation Standard began in 2006

·  The Standard was enacted in 2011

·  Full Implementation in Government will be in 2017

·  The Full Implementation in the Public Sector will be in 2017

·  Full Implementation in the Private Sector will be in 2017.

The Customer Service Standard began in 2006

• The Standard was enacted in 2008
• Full Implementation in Government was 2010
• Full Implementation in the Public Sector was 2010
• Full Implementation in the Private Sector was 2012

In addition, on January 1, 2015, amendments to Ontario’s Building Code came into force that will enhance accessibility in newly constructed buildings and existing buildings that are scheduled to undergo extensive renovations.

Start the discussion with your company about how far you have come toward compliance

Do you know how far toward compliance your company is?

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 @ 416-579-1035 or sandra_broekhof@sympatico.ca

Accessibility For Ontarians With Disabilities Act: The Next Ten Years

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015.

I have spoken about the different ways the government has attempted implantation.  Mayo Moran, Dean of the Faculty of Law of the University of Toronto, was mandated to lead the scheduled independent review of the Accessibility for Ontarians with Disabilities Act(AODA). She tabled her report and recommendations to the Ontario government in November 2014.  On top of what I have spoken about in the past, here is a summary of the Moran Report and what changes are coming in terms of accessibility in private organizations.

Recommendation 1: Renew Government Leadership.  The Moran Report repeats the Beer Report's call for a re-establishment of leadership and commitment by the Government of Ontario to accessibility and the momentum of the AODA.   The Moran Report, while confirming the continued role of the  Ministry of Economic Development, Employment and Infrastructure in addressing administration of the AODA, recommends the inclusion of an additional title of "Minister Responsible for Accessibility" to enhance the public profile of the AODA.

Recommendation 2: Enforce the AODA.  This detailed recommendation addresses the elements required for an enforcement plan.  More than 1,900 private sector audits were conducted in 2013.  The Moran Report calls for increased transparency and recommends enforcement statistics be released at least every three months.

The AODA is enforced by a system of audits, which can lead to inspections, orders for compliance and Director's Orders with financial penalties.  Prosecution can occur for those organizations who fail to respond to a Director's Order with the potential for significant fines of up to $50,000 per day for individuals and $100,000 per day for corporations.

Recommendation 3: Resource and Empower the Accessibility Directorate of Ontario to Provide Robust Compliance Support.   This recommendation addresses the complexity of the model and the demands of implementation faced by organizations that are spending too much time and money trying to determine "how to satisfy even the most basic elements of the regime." The Moran Report recommends a simplification of the standards themselves "so that expectations are clear up front and elaborate explanations are unnecessary". 

Do you know how far toward compliance your company is?

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 @ 416-579-1035 or sandra_broekhof@sympatico.ca