Beginning January 1, 2012, all employers who provide goods or services to members of the public or other third parties, and that have at least one employee in Ontario, must comply with the Accessibility Standards for Customer Service (the "Customer Service Standard"), enacted pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 (the "Act").
The Customer Service Standard is one in a series of related pieces of legislation passed to further the Ontario legislature's goal of making the province of Ontario fully accessible to disabled persons by 2025, and requires employers to be proactive in addressing the provision of goods or services to persons with disabilities.
Establishment of Policies and Procedures
Employers are required to establish policies and procedures which ensure that goods or services are provided in a manner which respects the dignity and independence of persons with disabilities and affords them equal opportunity to use or benefit from the goods or services. The policies and procedures must also address the use of assistive devices.
Use of Service Animals and Support Persons
Employers must allow persons with disabilities who are accompanied by service animals or support persons to enter areas open to the public or third parties together with the animal or person.
Notice of Temporary Disruption
Employers must give notice to the public of temporary disruptions to facilities which enable persons with disabilities to use or benefit from goods or services provided.
Training for Staff
Employers must ensure that the following persons receive training on an ongoing basis about the provision of goods or services to persons with disabilities:
- every person who deals with members of the public or other third parties on behalf of the employer, whether the person does so as an employee, agent, volunteer or otherwise; and
- every person who participates in developing the employer's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties.
Training must include:
- a review of the purposes of the Act;
- training on how to:
a. interact and communicate with persons with various types of disabilities;
b. interact with persons with disabilities who use an assistive device or require the assistance of a support person, a guide dog or other service animal;
c. use equipment or devices available on the employer's premises, or otherwise provided by the employer, that may help with the provision of goods or services to persons with disabilities; and
- what to do if a person with a particular type of disability is having difficulty accessing the employer's goods or services.
Feedback Process
Employers must establish a process for receiving and responding to feedback about the manner in which goods or services are provided to persons with disabilities and must make information about the process readily available to the public.
Preparation of Documents
Every employer that has at least 20 employees in Ontario must prepare documents which describe its policies and procedures with respect to all of the above requirements, and which summarize training content and record dates of past and future training. Notice must be provided to the public that these documents are available upon request.
Compliance
Violations of the Customer Service Standard by employers may result in inspections, compliance orders, administrative fines (including $100,000 per day for a corporation and $50,000 per day for an officer, director or individual) and/or prosecution.
The Integrated Accessibility Standards
In addition to the Customer Service Standard, employers should be aware of potential upcoming obligations under the Integrated Accessibility Standards, also enacted pursuant to the Act, which sets out accessibility standards for information and communications, employment and transportation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
