Is your small business in compliance with the Accessibility for Ontarians with Disabilities Act?
THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT
The Accessibility for Ontarians with Disabilities Act (2005) ["AODA"] and accompanying Integrated Accessibility Standards provide the Provincial Government of Ontario's expectations for small and large business owners, governments and non-profits when it comes to accessibility for persons living with disabilities. The law applies to the areas of employment, education, customer service, transportation, public spaces and information and communication, each of which has a specific standard including relevant requirements for each area. General standards that apply to all area specific standards require training for staff and volunteers, the development of accessibility policies, multi-year accessibility plans to be updated every 5 years, and consideration of accessibility when designing or purchasing items.
the definition of a “disability” under the AODA & Human Rights act
Section 10 of the Ontario Human Rights Code defines “disability” as:
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
(b) a condition of mental impairment or a developmental disability,
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
tHE PURPOSE OF THE AODA
The purpose of the AODA is to identify, remove and prevent any barriers to persons living with disabilities in all of Ontario by 2025. Disability is a broad definition and encompasses more than just the physical or visible limitations we commonly associate with persons living with disabilities. The definition includes both visible and non-visible disabilities and includes visual disabilities, hearing impairment, intellectual, developmental, learning and mental health disabilities. Based on this definition, the Government of Ontario estimates that 15.5% of persons living in the province of Ontario may have a disability; that's about 1.85 million people.
APPLICATION OF THE AODA
Any business with one or more employee must meet the requirements of the AODA. However, for those in business structures such as partnerships, for example, the partners do not count as employees. A small business is defined as one that has between 1 and 49 employees, making a large business considered one with 50 or more employees. An employee includes full-time, part-time, seasonal or contract employee.
COMPLIANCE REQUIREMENTS
The Ontario Government has strict compliance requirements, with penalties for non-compliance. A corporation or organization can be fined up to $100,000 per day for non-compliance while directors and officers of a corporation or organization that are found guilty can be fined up to $50,000 per day. A business or organization with 20 or more employees must file a compliance report online to confirm compliance with the AODA.
DEADLINES FOR SMALL BUSINESSEs: 2012-2023
The AODA provides for strict timelines, some of which have already passed.
ACCESSIBLE CUSTOMER SERVICE: January 1, 2012
Develop an accessibility policy for customers, volunteers and employees;
Education and training for all staff and volunteers;
Develop an emergency plan including, public safety information that is accessible to all employees.
ACCESSIBILITY COMPLIANCE REPORT: December 31, 2014
Accessibility Compliance Report to be filed with the Ontario Government.
ACCESSIBILITY POLICIES: January 1, 2015
Develop policies for the business' accessibility goals;
Ensure electronic terminals and kiosks are fully accessible.
ACCESSIBILITY LAW AND TRAINING: January 1, 2016
Train all staff and volunteers on accessibility laws, their rights and obligations;
Create accessible methods of communication to ensure persons with disabilities can provide feedback. For example, surveys on accessibility challenges or successes.
ACCESSIBLE PUBLIC INFORMATION: January 1, 2017
Make public information available in accessible formats;
Make employment and career development information available in accessible formats.
ACCESSIBLE PUBLIC SPACES: January 1, 2018
Make all parking lots, service counters, queues, seating areas and other public spaces accessible.
ACCESSIBILITY COMPLIANCE REPORT: December 31, 2020 & 2023
File Accessibility Compliance Report with the Ontario Government.
NOTE: Small businesses with less than 20 employees do not need to file the Accessibility Compliance Reports, but are required to meet the other standards.
Accessibility is Good for Business
The Royal Bank of Canada estimates that persons living with disabilities have an approximate spending power of $25 billion annually across Canada. As society is starting to slowly realize, people living with disabilities represent a large amount of untapped employment potential. It is important to understand the needs of your employees and customers and accommodate accordingly. Everyone will benefit when Ontario is fully accessible to all people!
If your business needs assistance meeting the requirements of the AODA, LJHRC can provide consultation services, policy development and/or training on relevant requirements and provisions to ensure your business is meeting its obligations under the Act. Contact us to find out if we can be of service!