If you've listened to the radio at any point over the past
several weeks, chances are you've heard the Ontario
Government's spot reminding organizations with 20 or more
employees in Ontario of their obligation to file an accessibility
compliance report by December 31, 2014.
What is an accessibility compliance report?
A compliance report is an online, self-reporting mechanism that
tells the government whether your organization is complying with
the Accessibility for Ontarians with Disabilities Act,
2005 ("AODA"),1 and the regulations
In order to be AODA compliant, provincially-regulated private
sector organizations in Ontario must be meeting all of the
requirements under the Customer Service Standard Regulation to the
AODA,2 including the requirements regarding policies,
practices, procedures and training.3 Further, both
private sector and not-for-profit organizations with 50 or more
employees in Ontario ("Large Providers") and private
sector and not-for-profit organizations with fewer than 50
employees in Ontario ("Small Providers") must be
compliant with the requirements to provide individualized workplace
emergency response information to employees, as well as emergency
and public safety information to members of the public (where
In addition to the foregoing, Large Providers are also
specifically required to have:
implemented policies, a multi-year accessibility plan and a
"statement of commitment" under the Integrated
Accessibility Standards Regulation ("IAS
Regulation")4 to the AODA;
made new websites and web content accessible to persons with
disabilities by conforming to the World Wide Web Consortium Web
Content Accessibility Guidelines; and
made self-service kiosks accessible to persons with
To complete your accessibility compliance report, visit ontario.ca/ONeSource, register for
accessibility compliance reporting, and answer the questions set
out in the report.
Aside from the report, what other requirements loom under
By January 1, 2015, Small Providers must develop, implement and
maintain policies governing how the organization achieves or will
achieve accessibility through meeting its requirements under the
IAS Regulation. Small Providers must also take steps to make
self-service kiosks accessible to persons with disabilities, where
By January 1, 2015, Large Providers must train employees,
volunteers, those who influence the organization's policies,
and all others who provide goods or services on behalf of the
organization, about the requirements set out in the IAS Regulation
and the Ontario Human Rights Code (insofar as it relates
to persons with disabilities).5 Large Providers are also
reminded of their obligation to keep records of the number of
individuals who were trained, as well as the dates that training
Small Providers have until January 1, 2016, to do the same.
Also by January 1, 2015, Large Providers must make processes for
receiving and responding to feedback (e.g., feedback from clients,
customers and/or employees) available to persons with disabilities
in accessible formats or with appropriate communication supports.
As with the IAS Regulation's training requirements, Small
Providers have until January 1, 2016 to meet this obligation.
1 SO 2005, c 11.
2 O Reg 429/07.
3 For more information on the requirements under the
Customer Service Standard Regulation, click
4 O Reg 191/11.
5 RSO 1990, c H.19.
The foregoing provides only an overview and does not
constitute legal advice. Readers are cautioned against making any
decisions based on this material alone. Rather, specific legal
advice should be obtained.
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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