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