The Accessibility for Ontarians with Disabilities

Act, 2005:

By: J. Geoffrey Howard

Partner, Vancouver

geoffrey.howard@gowlings.com

Introduction

• In 2005, the provincial government passed the Accessibility for Ontarians with Disabilities Act (the “AODA”)

• AODA aims to make Ontario fully accessible by 2025 by addressing barriers that prevent people with disabilities from fully and equally participating in all aspects of public life, including:

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Interaction of AODA with other legislation

• AODA is intended to complement, not replace existing provincial statutes that address accessibility, such as the Human Rights Code and Building Code Act, 1992

• In the event of a conflict between AODA and another statute, the provision that provides the highest level of accessibility prevails (s. 38, AODA)

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Definition of “disability”

• AODA adopts the same broad definition of “disability” as in the Human Rights Code

• Important to remember:• Disabilities may or may not be visible (don’t assume!)

• Disabilities can range broadly in severity from mild to profound

• With some types of disabilities, the effects can be intermittent

• One in seven people in Ontario have a disability!

• Many disabilities are invisible!

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• Physical disabilities • Mental impairments and disorders

• Developmental and learning disabilities • Mental health disabilities

Accessibility standards

• AODA seeks to improve accessibility by establishing and mandating Accessibility Standards in five key areas of public life:• Customer service• Information and Communications• Employment• Transportation• Built environment

• This training focuses only on customer service

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Customer Service Standards

• The first accessibility standard introduced under AODA is the Accessibility Standards for Customer Service (O. Reg. 429/07) (“CSS”)• Came into effect on Jan. 1, 2012 for all private sector and not-for-

profit organizations (Jan. 1, 2010 for public sector)

• Applies to all organizations and businesses with at least one employee in Ontario that provide goods or services to the public or other 3rd parties located in Ontario

• The “public” includes any person to whom [the Company] provides goods or services

• “3rd parties” are other businesses, organizations, governments, etc. to whom the Company provides goods or services

• The obligations apply to the provision of goods and services, not to the goods themselves

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CSS: Key principles

Dignity: Always treat people with disabilities with respect and not as an afterthought or force them to accept lesser service, quality or convenience

Independence: Ensure that people with disabilities are able to do things on their own without unnecessary help or interference from others

Integration: Provide services in a way that allows people with disabilities to benefit from the same services, in the same place and in the same or similar way as other persons, unless an alternate measure is necessary to enable access to goods and services

Equal opportunity: Make best efforts to ensure that people with disabilities have the same opportunities to benefit from our goods and services as others

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CSS: General requirements

• Every organization must establish policies, practices and procedures governing the provision of its goods and services to persons with disabilities

• See intranet for the Company policy

• Must communicate with a person with a disability in a manner that takes into account his or her disability

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CSS: Support persons

• A “support person” is an individual hired or chosen by a person with a disability to provide services or assistance with communication, mobility, personal care, medical needs or with access to goods and services

Obligations:

• Must NOT prevent access to a support person (Note: consider confidentiality issues such as client meetings)

• If charging an admission fee for an event (e.g., workshop), may charge a support person BUT must notify the public in advance

• May require the accompaniment of a support person ONLY if necessary for health and safety reasons

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CSS: Service animals

• An animal is a “service animal” if:

(1) it is readily apparent that the animal is used by a person with a disability for reasons relating to his or her disability; OR

(2) the person provides a letter from a physician or nurse confirming the need for the animal for reasons relating to a disability

• Examples of service animals other than “guide dogs”

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Service Animal Key Tasks

Hearing alert animal Alerts owner to sounds (e.g., fire alarm).

Seizure alert animal Alerts owner to an oncoming seizure. Steers owner from danger during a seizure.

Psychiatric service animal Retrieves and prompts owner to take medicine. Leads owner out of crowds. Retrieves or activates medical alerts.

CSS: Service animals (cont’d)

Obligations:

• Must ALLOW access to a service animal on the parts of the Company’s premises that are open to the public or 3rd parties

• UNLESS the animal is otherwise excluded by law• Premises where food is prepared• Health and safety requirements• Municipal laws restricting animal breeds

• If the service animal is excluded, must provide other measures to enable the person with a disability to access our services

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CSS: Notice of temporary disruptions

• If our office experiences a temporary disruption to a facility or service used regularly by persons with disabilities (e.g., building shutdowns, accessible washrooms, elevators out of service, changes in building access), we must provide notice to the public

• Notice must include:• Reason for the disruption• Anticipated duration of disruption• Description of alternative facilities or services, if any

• Notice may be given by any reasonable method • At a conspicuous place on our premises• On our website• Email or telephone call to client/service provider/vendor

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Notice of Temporary Disruptions

• If we know person with disability likely to attend our premises and may be impacted by temporary disruption, we will:• Attempt to contact the individual directly (email,

telephone, text, fax)• Propose alternate methods of accessing litigation

(e.g. service entrance, “call us and we’ll open door”)• Consider re-locating visit (if possible)• Consider rescheduling visit (if appropriate)

• Above all, respect the dignity and independence of the person with disability

CSS: Feedback processes

• We welcome feedback• We use feedback to improve how it services its

customers and contacts with disabilities• We use feedback to resolve concerns expressed by our

customers and the other people we interact with• _______________is the point person for feedback. • ___________can be contacted:

• By telephone (xxx.xxx-xxxx)

• By email to

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Communicating with people with disabilities

• Communication tips:

• Be respectful – do not make assumptions about a person’s disability or capabilities (for example, many people with vision loss are not necessarily blind)

• If you’re not sure what to do, just ask “May I help you?” – people with disabilities know if they need help and how you can provide it

• Remember, the goal of accommodation is to meet each person’s needs in a manner that works best for that person (everyone is different)

• Speak clearly (do not shout or exaggerate your words), listen carefully, and be patient – people with some kinds of disabilities may take longer to understand and respond

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Communicating with people with disabilities (cont’d)

• Communication tips (cont’d):

• Make an effort to learn about appropriate language and terminology when referring to persons with disabilities

• When communicating with a person with a hearing loss, do not put your hands or other objects in front of your face when speaking

• If a person with a disability is accompanied by a support person, identify yourself to the support person but otherwise be sure to face and speak directly to the person with a disability

• Don’t touch or pet support animals unless invited to do so – they are working and should not be distracted

• If assisting a person in a wheelchair, do not move the person without their permission, make sure to follow their instructions, and don’t leave the person in an awkward, dangerous or undignified position

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Serving persons with assistive devices

• An “assistive device” is a tool, technology or other mechanism that enables a person with a disability to maintain their independence in everyday life by performing tasks and activities such as moving, communicating or lifting

• Examples include:

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• When interacting with a person who utilizes an assistive device, do not touch or handle the device without permission and ensure that the person has access to his or her device at all times

Get Informed, Get Advice

• Our policy is in place, and each of us is expected to review it

• __________is responsible for AODA issues

• If you have questions or concerns, ask ___________for guidance

• If you have suggestions, please share them with __________

• If you’re ever uncertain about how to assist a visitor with an access issue – get advice from _________or simply ask the person who needs assistance how best to proceed

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CSS: Training

• Who?• At law, the Company must train every person who:

(1) deals with members of the public or 3rd parties on its behalf (employees, volunteers, agents, etc.); and

(2) participates in developing or approving customer service policies, practices and procedures

• Our goal: train every employee and contractor• On-going training requirements?

• As soon as possible for new individuals• On an ongoing basis regarding changes to the Company

customer service policies, practices and procedures

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Thank You

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J. Geoffrey HowardPartner, Vancouver604-891-2279geoffrey.howard@gowlings.com