Accessibility for Ontarianswith Disabilities

Presented by

Maureen T. McKay, B.A., LL.B.

October 22, 2012Girl Geeks Toronto

The Legislative Intent:Why Do We Have the AODA?

Bede Vanderhorst Melissa Graham

What Constitutes a Disability?Technical Definition:

•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,•A condition of mental impairment or a developmental disability,•A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,•A mental disorder, or•An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”)

AODA -The Core Principles• The goods or services must be provided in a manner

that respects the dignity and independence of persons with disabilities.

• The provision of goods or services to persons with disabilities and others must be integrated unless an alternate measure is necessary.

• Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services.

Communicate with the Public•The legislation is drafted in a broad manner which focuses on the core principles of independence, dignity, integration and equality of opportunity.

•The intent is to foster communication between service providers and those who they might serve.

•Given the variety of organizations and the varying needs of disabled persons, the legislation focuses on principles, procedures and interaction between service providers, clientele and the public at large.

Requirements – Develop a PolicyDevelop a policy for:

• Providing goods and services to the disabled• Allowing assistive devices where required• Allowing the use of service animals and support persons• Providing alternative means of communication for persons whose disability

impacts their ability to communicate• Providing notice of any service interruption, along with how and when it will

be remedied• Having a process through which customers can provide feedback• Providing for the training of all staff, including non-employees• Dealing with the availability and format of documents• Reviewing processes and policies on a regular basis

Staff Training•Ensure that those individuals in your organization responsible for developing and enforcing policies, practices and procedures dealing with accessibility matters are educated about the AODA’s requirements.

•Train all staff, volunteers, contractors and anyone deals with the public or third parties (i.e. business to business service providers) to follow your Accessibility Policy.

SAMPLE SITUATIONS…

Feedback ProcessEvery provider of goods or services shall establish a process for receiving and responding to feedback about the manner in which it provides goods or services to persons with disabilities and shall make information about the process readily available to the public.

The feedback process must permit persons to provide their feedback in person, by telephone, in writing, or by delivering an electronic text by email or on diskette or otherwise. It should address the nature of the disabilities which may impede communication when deciding on the nature of the feedback process.

The feedback process must specify the actions that the provider of goods or services will to take if a complaint is received.

Special RequirementsDesignated public sector organizations and other service providers with 20 or more employees (including part-time and seasonal workers, but not volunteers) must:• Document in writing all of their policies, practices and

procedures for providing accessible customer service and meet other document requirements set out in the standard.

• Give public notice that documents required under the customer service standard are available upon request.

• When giving documents required under the customer service standard to a person with a disability, provide the information in a format that takes into account the person’s disability.

Special Reporting

Designated public sector organizations and other service providers with 20 or more employees must also file an accessibility report annually or as otherwise directed by the Ministry of Citizenship and Immigration, and make the report available to the public.

Monitoring and EnforcementOne or more directors appointed under the AODA will be able to issue orders for compliance with the Act. There will be an appeal process to the Licence Appeal Tribunal.

A director may also issue administrative penalties of up to $15,000. Employers who do not comply with an order will also be subject to court prosecution and fines of up to $100,000 per day. A person who furnishes false or misleading information (e.g., a false report) can be fined up to $50,000.

Penalties

• A person who commits an offence under the Act is liable to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues to occur; or

• If the person is a corporation, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues to occur.

The End

Maureen T. McKay, B.A., LL.B.Lawyer & Trade-mark AgentDirect Line: 416-446-5867

Maureen.mckay@devrylaw.cawww.devrylaw.ca