1. Accessibility for Ontarians
with Disabilities
Presented by
Maureen T. McKay, B.A., LL.B.
October 22, 2012
Girl Geeks Toronto

2. The Legislative Intent:
Why Do We Have the AODA?
Bede Vanderhorst Melissa Graham

3. What Constitutes a Disability?
Technical Definition:
•Any degree of physical disability, infirmity, malformation or disfigurement that is
caused by bodily injury, birth defect or illness and, without limiting the generality of
the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of
paralysis, amputation, lack of physical co-ordination, blindness or visual impediment,
deafness or hearing impediment, muteness or speech impediment, or physical
reliance on a guide dog or other animal or on a wheelchair or other remedial
appliance or device,
•A condition of mental impairment or a developmental disability,
•A learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language,
•A mental disorder, or
•An injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety and Insurance Act, 1997;
(“handicap”)

4. AODA -The Core Principles
• The goods or services must be provided in a
manner that respects the dignity and
independence of persons with disabilities.
• The provision of goods or services to persons
with disabilities and others must be integrated
unless an alternate measure is necessary.
• Persons with disabilities must be given an
opportunity equal to that given to others to
obtain, use and benefit from the goods or
services.

5. Communicate with the Public
• The legislation is drafted in a broad manner which
focuses on the core principles of independence,
dignity, integration and equality of opportunity.
• The intent is to foster communication between
service providers and those who they might serve.
• Given the variety of organizations and the varying
needs of disabled persons, the legislation focuses on
principles, procedures and interaction between
service providers, clientele and the public at large.

6. Requirements – Develop a Policy
Develop a policy for:
• Providing goods and services to the disabled
• Allowing assistive devices where required
• Allowing the use of service animals and support persons
• Providing alternative means of communication for persons whose
disability impacts their ability to communicate
• Providing notice of any service interruption, along with how and
when it will be remedied
• Having a process through which customers can provide feedback
• Providing for the training of all staff, including non-employees
• Dealing with the availability and format of documents
• Reviewing processes and policies on a regular basis

7. Staff Training
•Ensure that those individuals in your organization
responsible for developing and enforcing policies,
practices and procedures dealing with accessibility
matters are educated about the AODA’s requirements.
•Train all staff, volunteers, contractors and anyone deals
with the public or third parties (i.e. business to business
service providers) to follow your Accessibility Policy.

8. SAMPLE SITUATIONS…

9. Feedback Process
Every provider of goods or services shall establish a process for
receiving and responding to feedback about the manner in which it
provides goods or services to persons with disabilities and shall make
information about the process readily available to the public.
The feedback process must permit persons to provide their feedback
in person, by telephone, in writing, or by delivering an electronic text
by email or on diskette or otherwise. It should address the nature of
the disabilities which may impede communication when deciding on
the nature of the feedback process.
The feedback process must specify the actions that the provider of
goods or services will to take if a complaint is received.

10. Special Requirements
Designated public sector organizations and other service
providers with 20 or more employees (including part-time and
seasonal workers, but not volunteers) must:
• Document in writing all of their policies, practices and
procedures for providing accessible customer service and
meet other document requirements set out in the
standard.
• Give public notice that documents required under the
customer service standard are available upon request.
• When giving documents required under the customer
service standard to a person with a disability, provide the
information in a format that takes into account the
person’s disability.

11. Special Reporting
Designated public sector organizations and
other service providers with 20 or more
employees must also file an accessibility
report annually or as otherwise directed by
the Ministry of Citizenship and Immigration,
and make the report available to the public.

12. Monitoring and Enforcement
One or more directors appointed under the AODA will be
able to issue orders for compliance with the Act. There
will be an appeal process to the Licence Appeal Tribunal.
A director may also issue administrative penalties of up to
$15,000. Employers who do not comply with an order will
also be subject to court prosecution and fines of up to
$100,000 per day. A person who furnishes false or
misleading information (e.g., a false report) can be fined
up to $50,000.

13. Penalties
• A person who commits an offence under the Act
is liable to a fine of not more than $50,000 for
each day or part of a day on which the offence
occurs or continues to occur; or
• If the person is a corporation, to a fine of not
more than $100,000 for each day or part of a day
on which the offence occurs or continues to
occur.

14. The End

15. Maureen T. McKay, B.A., LL.B.
Lawyer & Trade-mark Agent
Direct Line: 416-446-5867
Maureen.mckay@devrylaw.ca
www.devrylaw.ca