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