This amendment, encapsulated by O. Reg. 165/16 does
bring a few minor changes:
The training for accessible customer service has been expanded
to all employees and volunteers (even those who do
not deal with members of the public or who are not involved in
More types of health professionals can provide documentation of
a need for a service animal,
A more specific test has been established to require someone to
be accompanied by a support person, and
Private sector and non-profit organizations with 20-49
employees no longer need to document policies (though may still be
required to comply with reporting requirements)
In effect, this amendment combines the IASR with the previous
Customer Service Regulation and revokes minor administrative
matters, and provides additional clarity in the administration of
While these changes do not create significant new obligations on
employers, this amendment should enable employers to have a better
overview of their obligations to comply with all accessibility
Written with the assistance of Lucas Rivet-Crothers,
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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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