The Accessibility for Ontarians with Disabilities Act, 2005
(“AODA”) which serves as the
framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated
Accessibility Standards (such standards, together, the “Standards”), exists to
promote accessibility for Ontarians with disabilities with respect to goods,
services, facilities, accommodation, employment, buildings, structures and
premises. Each of the Standards apply to every organization with at least one
employee in Ontario that provides goods or services to members of the public or
other third parties. As such, both franchisors and franchisees are caught by
the AODA and the Standards. The Customer Service Standard requires that certain
policies and practices are prepared and implemented in the provision of goods
and services to persons with disabilities, and requires training for employees.
The Integrated Accessibility Standards covers information
and communications, employment, transportation and the design of public spaces.
This Standard requires, among other
things, certain policies to be implemented, training for employees and
implements technical standards for websites. Most provisions under this
Standard will apply to organizations with at least fifty employees by December
31st, 2014. Compliance with the provisions by organizations with
fewer than fifty employees and other elements of the Standard in respect of
employers with at least fifty employees will be phased in over the next several
years. Amendments to the Ontario Building Code also take effect January 1st,
2015.
Organizations with at least twenty employees were required to
file an accessibility compliance report on December 31st, 2012. A second
accessibility compliance report is due from employers with at least 20
employees by December 31st, 2014. Thereafter, reports are due every
three years.