By W. Eric Kay and Andrew J. Skinner
The Accessibility for Ontarians with Disabilities Act, 2005 (the “Act”) was enacted in 2005. The Act recognizes “the history of discrimination against persons with disabilities in Ontario” and has, as its primary purpose, benefiting all Ontarians by “developing, implementing and enforcing standards to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises.”
The Act provides the authority and framework for the creation of the Standards, which are implemented as regulations to the Act and must be complied with by those to whom each of the Standards applies. At present, the five Standards are customer service (the “Customer Service Standard”), information and communications (the “Information and Communications Standard”), employment (the “Employment Standard”), transportation (the “Transportation Standard”), and built environment (the “Built Environment Standard”). Of the five, only the Customer Service Standard is in full force.
Aside from compliance with the Standards, the Act also requires that a certified accessibility report, containing information prescribed by each Standard and in a form set by the Minister of Community and Social Services, is filed annually, or at such other times as specified by a director. The additional obligation to provide information relating to the compliance of a person or organization with the Standards arises upon request by a director.
The Customer Service Standard took effect with respect to the public sector on January 1, 2010 and the private sector on January 1, 2012. The Standard concerns the provision of goods and services in a manner that accommodates persons with disabilities. It applies to every person or organization (public or private, including not for profit) that (1) has at least one employee in Ontario; and (2) provides goods or services directly to the public or to a third party. The application to third parties covers other businesses, the government, or other organizations. This, for example, includes a manufacturer, wholesaler or a training firm hired by an organization.
O. Reg. 191/11, the Integrated Accessibility Standards, contains all of the Standards except for the Customer Service Standard and the part of the Built Environment Standard, which is still under development and will include amendments to the Ontario Building Code.
With respect to the private sector, most of these provisions are not yet applicable. Currently, all employers must provide individualized workplace emergency response information to employees who have a disability if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation. In addition, all organizations under the Integrated Accessibility Standard that make emergency procedures, plans or public safety information to the public must, upon request, provide such information in an accessible format.
Every provider of goods or services to which the Customer Service Standard applies, aside from a designated public sector organization, must file an annual accessibility report if the provider has twenty or more employees. The deadline for filing the first report was December 31, 2012. In determining the number of employees a provider has, all full-time, part-time, seasonal and contract employees must be included, and all volunteers, independent contractors, sole proprietors and the partners in a partnership are excluded.
To report, a provider answers fifteen yes or no questions concerning compliance with the Standard. A statement certifying that all required information has been provided and is accurate must be included in the report. This statement must be signed by a director, senior officer or other person with authority to bind the organization. The accessibility report is then submitted online.
See the “How to complete your Accessibility Compliance Report” guide for more information, including the questions to be answered and the process for registration of an account with One-key. The guide can be found at http://www.mcss.gov.on.ca/documents/en/mcss/accessibility/ACR_reporting_guide.pdf.
If you have not yet filed an accessibility report for 2012 we recommend you do so now. Compliance with all applicable requirements in the Standards is also advised. Please contact us if you or your organization have any questions or require assistance with respect to the Accessibility for Ontarians with Disabilities Act or any of the Standards.
To learn more about the Accessibility for Ontarians with Disabilities Act click here to read the full article.
