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A Guide to the Accessibility for Ontarians with Disabilities Act, 2005 is not legal advice. It is not a legal document. Its purpose is to provide information only about what is in the Act and where to look in the Act for information on specific topics.
The guide gives an overview of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). If there is any conflict between the Act and this guide, the Act is always the final authority.
In this guide, you will find a summary of what is in the AODA. At the end of
each section, you will find numbers in square brackets "[ _ ]"
. The
numbers
tell you where to look in the Act to find exactly what it says about the topic.
There is also an index for the Act at the end of the guide.
For More Information
If you need more information or have any questions about the AODA, please contact the Accessibility Directorate of the Ministry of Community and Social Services. You can contact the Accessibility Directorate by telephone, fax or e-mail:
Tel: 416-326-0207 / Toll-free: 1-888-520-5828 TTY: 416-326-0148 / Toll-free 1-888-335-6611 Fax: 416-314-7307 E-mail: accessibility@css.gov.on.ca
To read the Act, visit the E-laws website of the Ontario government at http://www.e-laws.gov.on.ca/dblaws/Tables/Public%20Statutes/Table_Public_Statutes.htm or for a more accessible version www.bill118.ca.
Contact the Accessibility Directorate at http://www.mcss.gov.on.ca/mcss/english/pillars/accessibilityOntario/contacts/ado_contact.htm to request the Act in an alternate format.
For more information about how the Ontario government makes laws, visit the website of the Legislative Assembly of Ontario at http://www.ontla.on.ca/.
The purpose of the AODA is to develop, implement and enforce standards for accessibility related to goods, services, facilities, employment, accommodation and buildings. The target date for reaching this goal is no later than January 1, 2025.
Accessibility Directorate of Ontario: The organization within the Ontario government that is responsible for day-to-day administration of the AODA.
accessibility report: A report that a person or organization must file if an accessibility standard applies to the person or organization.
accessibility standard: An accessibility standard is a rule that persons and organizations have to follow to identify, remove and prevent barriers.
barrier: Anything that keeps a person with a disability from participating fully in society because of his or her disability.
comply:
Another word for "obey"
. A person or organization covered by the AODA
must comply with the Act.
deputy minister: The senior public servant reporting directly to the minister responsible for the AODA.
director: The person the government appoints to see that the AODA is carried out. His or her responsibilities are listed in the AODA and its regulations.
disability:
The AODA uses the Ontario Human Rights Code definition of "disability"
which is:
"handicap").
filing fee: The administrative charge that a person or organization must pay to appeal an order under the AODA to the tribunal.
incentive agreement:
Under the AODA, an incentive is something that encourages a person or organization
to do more than the Act requires to identify and remove barriers for
people with disabilities. The incentive agreement sets out what the person or
organization will do and the "incentive"
that the government will
provide.
The "incentive"
might be filing fewer reports or different kinds of
reports.
mediation:
Under the AODA, mediation means a process where a neutral person (a "mediator"
)
helps parties to the tribunal who disagree about a director's order to
try
to reach an agreement and, if they do, not have a tribunal impose a settlement
on them.
minister: The Ontario government cabinet minister who is responsible for the AODA.
notice: A document that the director sends under the power of the AODA to let a person or organization know that an order will be sent if the person or organization does not comply with the Act. The notice also sets out a period within which the person or organization can send information on why the director should not issue the order and provides other information to the person or organization on what is expected to comply with the Act.
order: A direction made under the power of the AODA that tells a person or organization what it must do or not do to comply with the Act.
organization: Any public or private sector organization in Ontario.
person:
In the AODA, "person"
means an individual or a corporation.
prescribed: Anything that the AODA lists or contains in its regulations.
regulations: A rule of a legal nature that the Cabinet, with approval of the Lieutenant Governor in Council, makes and approves under the power of the AODA. Regulations explain how the AODA is put into practice. Regulations also include more details about the Act. On the recommendation of the minister, the Lieutenant Governor in Council can make proposed accessibility standards into regulations.
standard:
In the AODA, a "standard"
sets out what a person or organization must
do to achieve accessibility for people with disabilities to whom the standard
applies.
tribunal: One or more people who will decide appeals of director's orders.
The AODA applies to every person and every organization in Ontario, including the Ontario government [PART I, Sections 1- 3 and PART II, Sections 4 -5].
The AODA's regulations establish the accessibility standards. An accessibility
standard ("the standard"
) applies only to a person or organization
that does
at least one of the following activities:
The standard gives information about how to identify and remove barriers and a time schedule for meeting the standard [PART III, section 6].
The minister invites people to sit on standards development committees to create proposed accessibility standards. Three groups of people are on every committee:
The standards development committees set a series of proposed targets (proposed accessibility standards) for what needs to happen to make Ontario accessible by 2025. These targets can be policies, measures, practices or other requirements that need to be met to identify, prevent and remove barriers. The committee has to identify the classes of persons or organizations that need to achieve these targets. The committee also proposes how long classes of persons or organizations have to achieve the targets. The length of time to reach a specific target must be no more than five years. To decide what length of time should be set for the targets, the committee can look at economic or other factors. Different classes of persons or organizations may have different timelines. Every five years or less, there will be a review of the standards.
Once a standards development committee creates a proposed accessibility standard (targets), it recommends it to the minister. Members of the public have an opportunity to give comments and suggestions on the proposed standard. The minister reviews the committee's recommendations for the proposed accessibility standard. Then, the minister decides whether to recommend that the proposed standard be made into a regulation under the Act.
Within at least five years of making a standard into a regulation, the minister asks a standards development committee to review it. The committee makes recommendations to the minister about whether to change the standard or develop a new one. Members of the public have an opportunity to review the recommendations of a standards development committee. This happens before the minister considers recommending to the government whether a revised or a new standard should become a regulation. [PART III, sections 7 - 12].
Persons or organizations that a standard covers must comply with the standard.
They must also file a report each year or the director may determine a different
schedule for filing the reports. The Accessibility Directorate of Ontario recommends
and the minister decides what must be in the report and how to present
the information. These reports tell how the person or organization is complying
with the standard. Someone who is in an official position of authority
in the organization must "certify"
that the report is accurate [PART
III, sections 13 - 17].
Under the AODA, the deputy minister has the power to appoint inspectors. The inspector's job is to see if persons and organizations are meeting the accessibility standards and/or complying with the Act and its regulations.
The AODA lists all of the activities that an inspector can carry out to determine if the organization is complying with a standard. For example, inspectors can make an inspection at any time during regular business or daylight hours. They have the power to ask for anything or speak with anyone about anything that relates to the inspection. They may also ask someone who has expert knowledge on a topic (e.g., an architect) to help with an inspection.
An inspector can also apply to a justice of the peace to issue a search warrant if it is needed.
It is an offence for anyone to try to prevent an inspection in accordance with a search warrant, refuse to answer questions, provide false or misleading information, or deliberately not give information during the course of an inspection [PART IV, sections 18 - 20].
The director may follow up with a person or organization that does not file a report or is not doing what the AODA requires it to do. The director may issue an order to a person or organization. The order may direct the person or organization to provide more information on its implementation of the standard or to file the report(s) that the Act requires. The director first sends a notice of the order. The person or organization can send the director information about why the director should not issue an order. This must happen within 30 days from receiving the notice from the director. In some cases, the director may extend the time limit to respond beyond 30 days.
The director may also issue an order requiring the payment of an administrative penalty. For example, this may occur if the person or organization has not or will not comply with the Act. The director sets the amount of the administrative penalty. There is an opportunity for the person or organization to give a written explanation about why the director should not ask for this penalty. This must happen within 30 days of receiving the order. In some cases, the time limit to respond may be more than 30 days.
If the person or organization does not obey the order to pay the administrative penalty, the director may file the order with a local registrar of the Superior Court of Justice. If this happens, it may be enforced as if it was an order of the court [Part V, sections 21- 25].
Under the power of the AODA, a tribunal hears appeals of directors' orders.
A person or organization has up to 15 days to appeal a director's order.
There is a filing fee. In almost all cases, the tribunal will hold a written
hearing.
This means that the person or organization appealing the order and the director
("the parties"
) do not appear before the tribunal. Instead, they send
their
arguments to the tribunal in writing. The tribunal makes its decision and sends
its decision to the parties. The tribunal can agree with, change or remove
a director's order.
If one or both of the parties convince the tribunal that there is a good reason to do so, it will hear from the parties in person.
The tribunal may try to get the parties to settle the disagreement through mediation. This depends on whether both parties agree to mediation and it is in the public interest [PART VI, sections 26 - 28].
The council of every municipality with 10,000 people or more must establish an accessibility advisory committee. If the municipality had a similar committee before the AODA became the law, that committee should continue. Municipalities with less than 10,000 people may either establish an accessibility advisory committee or continue a similar committee that existed before the AODA became the law. Two or more municipalities may decide to set up a joint committee, instead of each one having its own.
The majority of the municipal accessibility advisory committee members must be people with disabilities. The committees give advice to the municipal council to help it carry out its responsibilities under the AODA [PART VII, section 29].
The deputy minister appoints the director and the inspectors. [PART VII, Section 30 and PART IV, Section 18].
The minister establishes the Accessibility Standards Advisory Council. The Council gives advice to the minister about:
A majority of the Council's members are people with disabilities.
From time to time, the minister may ask the Council to hold public consultations. The minister may also ask the Council for reports [PART VIII, section 31].
The organization within the Ontario government that is responsible for day-to-day administration of the AODA.
The functions of the Accessibility Directorate include:
Under the AODA, an incentive is something that encourages a person or organization to do more than the Act requires to identify and remove barriers for people with disabilities.
The minister can enter into an incentive agreement with a person or organization.
These incentive agreements may set out what the person or organization
will do and the "incentive"
that the government will provide. The
"incentive"
might be filing fewer reports or different kinds of reports.
An inspector may determine if the person or organization is complying with the agreement. There are penalties for not fulfilling an incentive agreement [PART IX, section 33].
The minister can delegate ministerial powers under the AODA to the director or to other ministry employees.
Although the Act says that certain documents that the minister, director or tribunal issue must be in a written format (e.g., a director's order), if a person with a disability or someone on that person's behalf asks to have these written documents in an alternate format, he or she will receive it in an alternate format within a reasonable time period.
AODA notices, orders or other documents will be given or served: by personal delivery, a mail delivery method that can be confirmed, or by fax or e-mail and only if the person receiving it has access to a fax machine or e-mail.
Personal delivery of notices or orders go to:
It is an offence to:
There are fines for persons or organizations convicted of an offence under the AODA. The fines are:
All directors and/or officers of a corporation must take all reasonable care to prevent the corporation from committing an offence. Failure to do so is an offence. The directors and/or officers of a corporation are liable to a fine of up to $50,000 for each and every day or part day that the offence happens [PART X, section 37].
If there is a conflict between the AODA (including its accessibility standards or its other regulations) and any other provincial law, the final authority is the law that gives people with disabilities the most access to participating fully in Ontario in the areas of goods, services, facilities, employment, accommodation, buildings, structures or premises [PART X, Section 38].
The Lieutenant Governor in Council has the power to make the AODA regulations. This includes but is not limited to regulations about how much time that standards development committees have to develop proposed standards, reporting, making accessibility reports public, the appointments of inspectors, administrative penalties, fees and exemptions from the Act. For some types of draft regulations, the public must have 45 days to give comments to the minister.
The accessibility standards may group persons and organizations that the AODA covers. This grouping might be based on the number of employees, annual revenue, type of industry, economic sector, and/or the size of buildings, structures or premises [PART X, Section 39].
The minister, through Cabinet, gives the Legislative Assembly of Ontario a report every year. The report has information on the implementation and effectiveness of the AODA [PART X, Section 40].
There will be regular, complete reviews of the AODA. Within four years of the Act becoming the law in Ontario, there will be a review. The Lieutenant Governor in Council will appoint a person to conduct the review. That person will report the findings and recommendations to the minister.
The person doing the review will consult with the public, particularly people with disabilities. The minister, through Cabinet, will give the Legislative Assembly the report. From then on, there will be a review every three years [PART X, Section 41].
This index lists the main topics in the Act and the parts and section numbers where they appear in the AODA.
Taken from http://www.mcss.gov.on.ca/mcss/english/pillars/accessibilityOntario/what/AODA_guide.htm.
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