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    Appendices

    Appendix V: Accessibility for Ontarians with Disabilities Act, 2005 (Bill 118) and Accessibility Standards

    On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Assent. This new legislation will require the provincial government to work with the disability community and the public and private sectors to develop accessibility standards. Each standard will require those persons and organizations with obligations to implement measures, policies or practices in order to identify, remove and prevent barriers for people with disabilities. These barriers may be related to the goods, services, facilities, employment, accommodation, buildings, structures or premises received or encountered by people with disabilities.

    What is an Accessibility Standard?

    An accessibility standard is a rule that persons and organizations have to follow to identify, remove and prevent barriers. By definition, a standard is an agreed way of doing something. It may be voluntary or regulated by law, and it can be local or international in scope.
    Accessibility standards could cover such areas as: accessible buses, safe pedestrian routes into buildings, automatic doors at entrances, lower counter heights at cash registers, large-print menus, signage, accessible washroom facilities, staff training in serving customers with learning disabilities and adaptive technology in the workplace.
    Process for Standards Development under the AODA (2005)

    Under the Act, standards set out the rules that will help make Ontario more accessible. Proposed accessibility standards will be developed and recommended to the Minister of Community and Social Services by two Standards Development Committees (SDCs). The SDCs will be made up of members of the community, business, broader public sector, affected provincial ministries, people with disabilities and their representatives. The public will be given an opportunity to review and make comments on the proposed standards developed by SDCs. A notice will be posted on the Ministry website when proposed accessibility standards are ready for public review and comments.  

    Following the public comment period, the Minister will decide that the proposed standards will be recommended to become a regulation. Once adopted by regulation under the AODA 2005, these standards will provide rules, guidelines or procedures for activities related to the ability of goods and services for all Ontarians. 

    The SDCs have flexibility. They can set different proposed timelines to achieve standards for different kinds of organizations. Economic conditions or costs are two reasons why a committee might set different proposed timelines. Some requirements will be easier to implement, others may take longer.

    Once a standard has been adopted as a regulation, all affected persons and organizations, including municipalities, will be required to comply with the standard within the time frames provided in the regulations. An Accessibility Report will also be filed annually or at other specified times with a Director appointed by the Deputy Minister. The Director will be responsible for exercising duties specified in the AODA and in the regulations. This Accessibility Report will be made accessible to the public. Spot audits will be conducted by inspectors to verify the report contents. To ensure compliance, the Director can order the affected person or organization to pay a fine, file a report or comply with the Director’s recommendations. Penalties shall apply to those who are convicted of an offence under the Act.

     

    Standards Development Committees (SDCs)

    The intent of AODA is to create opportunities for people with disabilities, which will allow them to do the things that most Ontarians take for granted – going to work or school, shopping, taking in a movie or eating out. Businesses and organizations that provide goods and services to people in Ontario will have to meet certain accessibility standards in five important areas of life.
     

    • Customer Service
    • Transportation
    • Information and Communications
    • Built Environment
    • Employment

    Since the AODA received Royal Assent, the following Standards Development Committees have been established:  

    • Customer Service Standards Development Committee
    • Transportation Standards Development Committee
    • Information and Communications Standards Development Committee

     

    The following two Standards Development Committees are expected to be established in the summer of 2007:

    • Built Environment Standards Development Committee
    • Employment Standards Development Committee

    On July 25, 2007 the two new regulations under the Accessibility for Ontarians with Disabilities Act,  the Accessibility Standards for Customer Service Regulation, O. Reg. 429/07, and the Exemption from Reporting Requirements Regulation, O. Reg. 430/07 were approved by Cabinet. The former Regulation contains specific requirements with respect to providing accessible customer services in Ontario.  The latter has been enacted in order to minimize regulatory burden for smaller obligated organizations by exempting those with fewer than 20 employees (other than designated public sector organizations) from the statutory requirement to submit compliance reports in this first phase of implementation. The Regulations will come into force on January 1, 2008. 

    Accessibility Standards Advisory Council (ASAC)

    Twelve citizen members were appointed to the Accessibility Standards Advisory Council (ASAC) by the Minister for a three year renewable term, to advise the provincial government on the progress made by the standards development committees, public information programs and other matters.

    The Minister is also required to prepare an annual report on progress under the legislation. A comprehensive review of the effectiveness of the AODA must also be undertaken within four years of its enactment, with subsequent reviews every three years thereafter.

    ** Above information was obtained from the Ministry of Community and Social Services website.




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