AODA
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) provides for the development of standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures, and premises on or before January 1, 2025.
The accessibility standard shall:
(a) set out measures, policies, practices or other requirements for the identification and removal of barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises or such other things as may be prescribed, and for the prevention of the erection of such barriers; and
(b) require the persons or organisations named or described in the standard to implement those measures, policies, practices or other requirements within the time periods specified in the standard.
The Minister responsible for the AODA is required to establish a process to develop and implement all accessibility standards necessary to achieving the purposes of this Act. Within this process, standards development committees are established by the Minister to develop proposed accessibility standards.
What is a standard?
A standard is an agreed way of doing something. Standards control the quality, safety and reliability of products and services. Standards can be:
- local or international in range
- voluntary or required by law
- applied to products, services and business processes.
Standards are good for business. They reduce the risk of ending up with a product that is poor quality or unsafe. Consumers have more confidence in products and services that meet certain standards.
How will standards improve accessibility?
Sometimes people with disabilities can’t do the things they want to because something is stopping them. These are called barriers to accessibility. Here are some examples:
- A customer using a wheelchair who can’t shop in a particular store because there isn’t an access ramp or an elevator.
- A person with low vision who can’t read the menu in a restaurant because the print is too small.
- A student with an intellectual disability who can’t fill out a summer job application because the form is not written in a way that is easy to understand.
Setting standards for accessibility means that businesses and organisations that provide goods and services to the public will have to meet certain accessibility rules.
What specific areas are covered?
- customer service
- transportation
- information and communications
- built environment (buildings, structures and public spaces)
- employment
Who is developing these standards?
Each proposed standard is being developed by a standards development committee. The five committees – one for each standard – are composed of representatives from the following sectors and organisations.
- people with disabilities or their representatives
- businesses – small, medium and large
- public sector organisations, such as Ontario government ministries, municipalities, colleges, universities, hospitals
- non-profit organisations
The public also has the opportunity to review and comment on each of the five proposed standards.
What happens when a standards development committee has agreed on the first draft of a proposed standard?
- The proposed standard gets posted on the website of the Ministry of Community and Social Services for public review.
- The committee considers the feedback while finalizing the proposed standard.
- The committee submits the final proposed standard to the Minister of Community and Social Services.
- The minister has 90 days to decide whether to recommend that the standard be enacted into regulation in whole or in part, with or without changes.
- When the standard is enacted as regulation, it becomes law.
What does this mean for businesses and organisations?
When the standards become law, they are mandatory. This means that businesses and organisations will have to comply with the standards, if the standards apply to them.
The standards may apply to businesses and organisations in all kinds of sectors, including:
- accommodation (apartments, condominiums, hotels, motels)
- entertainment and recreation
- hospitals and health care
- Government of Ontario and its agencies
- libraries
- municipalities
- public transportation
- retail
- restaurants
- school boards, colleges and universities
How will the standards be implemented?
The act calls for standards to be implemented in stages. This will give everyone enough time to plan ahead and build accessibility improvements into their normal business plans and practices.
Different standards may have different requirements and timelines depending on the size and type of organisation. It’s not a one-size-fits-all approach.
Businesses and organisations that are affected by a standard may have to file accessibility reports to show that they are meeting their obligations. Organisations that don’t comply may face penalties, such as fines.
For more information on the progress of each of the AODA standard development committees, you can go to the website of the Accessibility Directorate of Ontario: www.mcss.gov.on.ca/mcss/english/pillars/accessibilityOntario/
LDAO is represented on the Information and Communication and the Employment Accessibility standards development committees.
