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In 2005, the Ontario legislature enacted the Accessibility for Ontarians with Disabilities Act (“AODA”).  This new law requires organizations  -- including employers and trade unions -- to comply with the requirements of a variety of Accessibility Standards in such areas as employment, delivery of goods and services, transportation, and communications.  

The new Accessibility Standards will impose extensive obligations on public and private sector employers, beyond the existing accommodation requirements in the Ontario Human Rights Code.  This will have a significant impact on many employees.

The Accessibility Standards are being phased in over time.  The deadline for compliance with the first of the standards is quickly approaching (see below).

The AODA provides for enforcement of the Accessibility Standards through workplace inspections, compliance orders, and administrative fines of up to $100,000.

WHEN DOES THE AODA TAKE EFFECT?

The AODA is being phased in over time.  The first phase involves the implementation of a Customer Service Accessibility Standard, which requires affected organizations to develop extensive policies and practices relating to the delivery of goods and services to people with disabilities.  It also requires that relevant training be provided to staff. 

According to the Regulations, public sector employers must be in full compliance with these requirements by January 1, 2010.

Private sector organizations (including unions) will be required to comply with the Customer Service Accessibility Standard effective January 1, 2012.

TO WHOM DOES THE CUSTOMER SERVICE ACCESSIBILITY STANDARD APPLY?

The Customer Service Accessibility Standard applies to all organizations, both public and private, that provide  goods and services to the public in Ontario and that have one or more employees in Ontario. 

Trade unions and professional organizations are considered to be providers of goods and services, even though their services are offered only to a segment of the public, namely their members.  In addition to representing the interests of their members affected by employers’  compliance with the new standard, trade unions must therefore also ensure that they themselves comply with the standard.

Regulations under the AODA designate certain employers as “public sector organizations”.  As noted above, these employers must be in full compliance with the Customer Service Accessibility Standard by January 1, 2010.  They include:

• Every ministry of the Government of Ontario

• Every municipality in Ontario

• Every District School Board listed in s.1 of the Education Act.

• Every hospital, as defined in s.1 of the Public Hospitals Act.

• Every college established under the Ontario Colleges of Applied Arts and Technology Act, 2002.

• Every university in Ontario that receives operating grants from the Government of Ontario.

• Every public transportation organization in Ontario.

• Numerous Boards, Commissions, Tribunals and Agencies listed in the Regulations.

WHAT DOES THE CUSTOMER SERVICE ACCESSIBILITY STANDARD REQUIRE?

Under the Regulations, all service providers must comply with certain minimum requirements, but public sector organizations and providers with 20 or more employees have additional obligations as set out below.

A comprehensive review of the law’s requirements is not possible to set out here but, in summary, the minimum requirements imposed on providers include the obligation to:

• Establish policies, practices and procedures on the provision of goods and services to people with disabilities

• Ensure that those policies practices and procedures are consistent with certain core principles in the AODA, namely the principles of independence, dignity, integration and equality of opportunity

• Establish policies on allowing disabled people to use personal assistive devices, to be accompanied by a support person, guide dog or other service animal

• Communicate with disabled persons in a manner that takes into account their disability

• Provide advance notice to the public when there is going to be a temporary disruption in services or facilities used by persons with disabilities

• Train staff on a number of topics (discussed below)

• Establish a process for people to provide feedback, including a complaints mechanism, and make information about the feedback process readily available to the public

In addition to these requirements, public sector organizations and providers with 20 or more employees must also satisfy the following requirements:

• Document in writing all policies, practices and procedures

• Notify customers that documents required by the Regulations are available upon request

• When providing documents required under the Regulations to a person with a disability, provide the information in a format that takes into account the person’s disability

Unions wishing to have input into the development of the applicable policies and procedures should be approaching their employers --  if they have not done so already – to set up mechanisms for the union’s views to be considered.  This is particularly true in the broader public sector, where employers’ new policies and practices are supposed to be finalized and in effect by January 1, 2010.

WHAT TRAINING MUST EMPLOYERS PROVIDE TO EMPLOYEES UNDER THE AODA REGULATIONS?

The Customer Service Accessibility Standard requires all affected organizations to train their staff on how to provide goods and services to people with disabilities.  (There are also additional training requirements for management employees involved in developing policies, practices and procedures on the provision of goods and services.)

Under the Regulations, training must be provided to everyone in the organization (employees, volunteers, contractors) who deals with members of the public.  The determination of which employees must be trained should not be based simply on an employee’s job description, but rather on an assessment of  what the person actually does as part of their job on a regular basis.

According to the Regulations, the training must include:

• How to interact and communicate with persons with various types of disabilities

• How to interact with persons with disabilities who use an assistive device,  require the assistance of a guide dog or other service animal, or rely on the assistance of a support person

• How to use available equipment or devices that may help with the provision of goods and services to a person with a disability

• What to do if a person with a particular type of disability is having difficulty accessing the organization’s goods and services

Public sector organizations are required to have all of this training completed by January 1, 2010.  Unions representing affected employees should therefore ensure that appropriate training has been (or is being) provided.

CONCLUSION

If you have any questions about the AODA and the new Regulations, require additional information on how it might impact your members and your duty to represent them, or need advice on how to deal with your employer on issues relating to the new legislation, please do not hesitate to contact us. 

PLEASE NOTE that this posting constitutes a plain language summary of the AODA and Customer Service Accessibility Standard.  The actual statute and regulations must be consulted for more precise information about the obligations imposed therein.  Nothing in this posting should be construed as legal advice. 

© SGM LAW 2010