1. What’s Happening Out There?
The Accessibility For Ontarians
With Disabilities Act, 2005
Richard J. Nixon and Ellen V. Swan
May 25, 2012
11427551.1

2. Agenda
The Accessibility Standards for Customer Service
• Compliance was required on January 1, 2012
1. The Integrated Accessibility Standards
• General Obligations
• The Information and Communication Standard
• The Employment Standard
• The Transportation Standard
2. Practical Implications for Your Organization
3. Practical Implications for Your Organization

3. 1. The Accessibility Standards for Customer Service
Compliance was required on January 1, 2012

4. The Accessibility Standards for Customer Service: Context
and Background
Must comply with:
A. AODA
1. Customer Service Standard (by January 1, 2012)
2. Integrated Accessibility Regulation general requirements
(starting 2014)
3. Accessible Information and Communication Standard
(starting 2012)
4. Employment Standard (mostly starting 2016)
5. Transportation Standard (starting 2011)
6. Built Environment Standard (not likely law before 2013)

5. The Accessibility Standards for Customer Service:
What Do You Have to Do?
Who Must Comply?
• Every person or organization that:
1. provides goods or services to members of the
public or other third parties; and
2. has at least one employee in Ontario
• “provider of goods or services” means a person or
organization to whom the Standard applies

6. The Accessibility Standards for Customer Service:
What Do You Have to Do?
What Does Your Organization Have to Do?
• implement policies, practices and procedures
governing your organization’s provision of goods or
services to persons with disabilities
• use reasonable efforts to ensure these policies,
practices and procedures are consistent with
AODA’s principles
• communicate with customers and clients in a
manner that takes into account a person’s disability

7. The Accessibility Standards for Customer Service:
What Do You Have to Do?
What Does Your Organization Have to Do?
• have a feedback process for customers
• address the use of support persons and service
animals
• address the use of assistive devices
• train employees, contractors, volunteers and agents
• provide notice of a disruption in services used by
persons with disabilities

8. The Accessibility Standards for Customer Service:
What Do You Have to Do?
What Does Your Organization Have to Do?
• If your organization has 20 or more employees:
1. make your policies, practices and procedures
available in accessible formats
2. report to the Ontario Ministry of Community and
Social Services

9. 2. The Integrated Accessibility Regulation

10. Integrated Accessibility Regulation: General Obligations
Policies:
• how your organization will achieve accessibility through meeting
the Standards
• statement of organizational commitment
• large organizations: January 1, 2014
• small organizations: January 1, 2015
Training
• must train on the requirements of the accessibility standards and
the Ontario Human Rights Code
• public sector and large organizations must keep training records

11. Integrated Accessibility Regulation: General Obligations
Accessibility Plans
• public sector and large organizations must establish, implement,
maintain and document a multi-year accessibility plan
• by January 1, 2014
Self-service Kiosks
• public sector: incorporate accessibility features
• private sector: have regard to accessibility
• large organizations: January 1, 2014
• small organizations: January 1, 2015

12. Integrated Accessibility Regulation:
Information and Communications Standard
Feedback Processes
• provide or arrange for the provision of accessible formats and
communications supports, upon request
• large organizations: January 1, 2015
• small organizations: January 1, 2016

13. Integrated Accessibility Regulation:
Information and Communications Standard
When accessible formats are required:
•upon request, provide accessible formats and communication supports
• in a timely manner that takes into account the person’s
accessibility needs
• at a cost that is no more than the regular cost charged to other
persons
•notify the public about availability of accessible formats and
communication supports
• Large organizations: January 1, 2016
• Small organizations: January 1, 2017

14. Integrated Accessibility Regulation:
Information and Communications Standard
Emergency procedures or public safety information
• If your organization prepares emergency procedures, plans or public safety
information and makes the information available to the public, must provide
information in an accessible format or with appropriate communication
supports as soon as practicable upon request
• compliance was required on January 1, 2012

15. Integrated Accessibility Regulation:
Information and Communications Standard
Accessible websites and web content
• must conform to the World Wide Web Consortium Web
Content Accessibility Guidelines 2.0 at Level AA
• New web content:
• public sector: January 1, 2012
• large organizations: January 1, 2014
• All web content (some exceptions):
• public sector: January 1, 2020
• large organizations: January 1, 2021

16. Integrated Accessibility Regulation:
Information and Communications Standard
Educational and training institutions must, upon request:
• provide educational / training resources / materials in an
accessible format:
• provide student records and information on program
requirements, availability and descriptions in an
accessible format to persons with disabilities.
• large organizations: January 1, 2013
• small organizations: January 1, 2015

17. Integrated Accessibility Regulation:
Information and Communications Standard
Producers of educational or training material
• make accessible or conversion ready versions of
textbooks available upon request
• by January 1, 2015
• make accessible or conversion ready versions of
printed materials available upon request
• by January 1, 2020

18. Integrated Accessibility Regulation: Employment Standard
Unless otherwise specified:
• large organizations: January 1, 2016
• small organizations: January 1, 2017

19. Integrated Accessibility Regulation: Employment Standard
Recruitment
• notify employees and the public about availability of
accommodation in recruitment processes
• notify job applicants selected to participate in assessment or
selection process that accommodations are available upon
request
• if selected applicant requests accommodation, must consult
with applicant and provide suitable accommodation
• decision as to which accommodation is provided rests with the
employer

20. Integrated Accessibility Regulation: Employment Standard
• notify successful applicants of policies for accommodating
employees with disabilities
• inform employees of policies
• consult with employee to provide accessible formats and
communication supports for
• information to perform the employee’s job
• information generally available to employees, upon
request

21. Integrated Accessibility Regulation: Employment Standard
Workplace emergency response information
• provide individualized workplace emergency response
information to employees with disabilities if necessary and
employer is aware of the need for accommodation
• designate assistance provider if necessary and employee
consents
• review the individualized workplace emergency response
information periodically
• compliance was required on January 1, 2012

22. Integrated Accessibility Regulation: Employment Standard
Develop process for Individual Accommodation Plans addressing:
• how an employee can participate in development of plan
• how an employee is assessed on an individual basis
• how the employer can request an outside evaluation
• how an employee can request a representative
• steps taken to protect the employee’s privacy
• frequency and manner of review and updating
• if denied, how the reasons will be provided to the employee
• means of providing plan in an accessible format

23. Integrated Accessibility Regulation: Employment Standard
Return to Work and Redeployment
• develop return to work process for employees absent from work
due to disability and require disability-related accommodations to
return to work
• outline steps to facilitate return to work
• use individual documented accommodation plans
• take into account the accessibility needs, as well as individual
accommodation plans, when redeploying employees with
disabilities

24. Integrated Accessibility Regulation: Transportation Standard
• If your organization does not have a transportation
system which falls under “Other Transportation Services”
in the proposed standard, it will not likely have to comply
• Only applies to organizations which offer transportation
services to the public or employees

25. 3. Practical Implications for Your Organization

26. Practical Implications for Your Organization
• Your organization will likely have to revamp:
• policies, practices and procedures;
• information and communication platforms; and
• employment practices and policies
• Your organization will also have to consider the duty to
accommodate under the Ontario Human Rights Code
• Accommodation obligations may already exist as part of
duty to accommodate

27. Practical Implications for Your Organization
Other accessibility laws (e.g. Human Rights Code)
• Neither the AODA nor the Standards replace or change
what your organization is required to do under existing
laws
• Where a standard creates different rules than other laws,
your organization will have to comply with both
• If two laws conflict, the law that provides the higher level
of accessibility must be followed

28. Practical Implications for Your Organization
• Public Awareness of the AODA
• parties in human rights matters are raising the
AODA
• as a source of evidence (i.e. training records)
• as a standard of accommodation (i.e. automatic doors)
• the AODA is very much a part of public consciousness
• liability in the court of public opinion

29. Questions?