Further to my
article on the Customer Service Standard which came into force
January 1, 2012 in respect of goods and service providers in
Ontario pursuant to the Accessibility for Ontarians with
Disabilities Act ("AODA"); annual
compliance reports are due on or before December 31, 2012.
Organizations with 20 or more employees (both in the private
sector and not-for profit organizations), in addition to abiding by
the compliance requirements listed below must file compliance
reports with the Ministry of Community and Social Services updating
the Ministry on their progress, as further outlined on their
website, here. The Ministry provides an easy on-line
tool aiming to help organizations file their compliance reports in
a timely and efficient manner.
As previously outlined, in order to comply with the Customer
Service Standard, organizations in Ontario who provide goods or
services to the public and have at least one (1) employee must do
Establish policies, practices and procedures governing the
provision of goods and services to persons with disabilities,
including ensuring that they are consistent with the core
principles of independence, dignity, integration and equality of
Ensure that the policies address the usage of assistive
devices, as well as the usage of service animals and support
Ensure that they communicate with persons with disabilities in
a manner that takes into account their disability.
Train all persons (employees, agents, contractors or
volunteers) who act on their behalf and all persons who participate
in the development of policies, practices and procedures, regarding
the provision of services to persons with disabilities.
Provide for a feedback process readily accessible to the
Provide notice of temporary disruption of services or
facilities usually used by persons with disabilities.
Provide information as to admission fees, where charged for a
support person of a person with a disability.
Please note that the Ministry has also provided a general compliance wizard outlining upcoming compliance
requirements and obligations under AODA that Ontario organizations
should be aware of and which will serve as a useful tool alerting
organizations to upcoming deadlines.
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.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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