ELECTED OFFICIAL TRAINING SESSION NOVEMBER 22, 2014

Accessibility for Ontarians with Disabilities Act Presented by: David Cribbs, Solicitor and Clerk County of Lambton

Accessibility for Ontarians with Disabilities Act, 2005 S.O. 2005, CHAPTER 11 Purpose 1. Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by, (a) developing, implementing and enforcing accessibility 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; and (b) providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards. 2005, c. 11, s. 1. Application 4. This Act applies to every person or organization in the public and private sectors of the Province of Ontario, including the Legislative Assembly of Ontario. 2005, c. 11, s. 4.

ONTARIO REGULATION 429/07 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE

Effective dates 2. The accessibility standards for customer service apply to the designated public sector organizations on and after January 1, 2010 and to other providers of goods or services on and after January 1, 2012. O. Reg. 429/07, s. 2. Accessibility Standards are the benchmarks against which organizations are and shall be judged.

PART VII MUNICIPAL ACCESSIBILITY ADVISORY COMMITTEES Accessibility Advisory Committees 29. (1) The council of every municipality having a population of not less than 10,000 shall establish an accessibility advisory committee or continue any such committee that was established before the day this section comes into force. 2005, c. 11, s. 29 (1).

Small Municipalities (2) The council of every municipality having a population of less than 10,000 may establish an accessibility advisory committee or continue any such committee that was established before the day this section comes into force. 2005, c. 11, s. 29 (2). Members (3) A majority of the members of the committee shall be persons with disabilities. 2005, c. 11, s. 29 (3).

ONTARIO REGULATION 429/07 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE Purpose and application 1. (1) This Regulation establishes accessibility standards for customer service and it applies to every designated public sector organization and to every other person or organization that provides goods or services to members of the public or other third parties and that has at least one employee in Ontario. O. Reg. 429/07, s. 1 (1). Establishment of policies, practices and procedures 3. (1) Every provider of goods or services shall establish policies, practices and procedures governing the provision of its goods or services to persons with disabilities. O. Reg. 429/07, s. 3 (1). (2) The provider shall use reasonable efforts to ensure that its policies, practices and procedures are consistent with the following principles: 1. The goods or services must be provided in a manner that respects the dignity and independence of persons with disabilities. 2. The provision of goods or services to persons with disabilities and others must be integrated unless an alternate measure is necessary, whether temporarily or on a permanent basis, to enable a person with a disability to obtain, use or benefit from the goods or services. 3. Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services. O. Reg. 429/07, s. 3 (2).

Training for Staff, etc. 6.(1) Every provider of goods or services shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: 1. Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise. 2. Every person who participates in developing the provider’s policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. O. Reg. 429/07, s. 6 (1).

ONTARIO REGULATION 430/07 EXEMPTION FROM REPORTING REQUIREMENTS

Accessibility Standards for Customer Service 1. (1) Every provider of goods or services that has fewer than 20 employees, other than a designated public sector organization, is exempted from the requirement to file accessibility reports under section 14 of the Act with respect to the accessibility standards for customer service established by Ontario Regulation 429/07 (Accessibility Standards for Customer Service) made under the Act. O. Reg. 430/07, s. 1 (1).

ONTARIO REGULATION 191/11 INTEGRATED ACCESSIBILITY STANDARDS

• “small designated public sector organization” means a designated public sector organization with at least one but fewer than 50 employees; • “small organization” means an obligated organization with at least one but fewer than 50 employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization. O. Reg. 191/11, s. 2; O. Reg. 413/12, s. 2.

Integrated Standards Address the Following Areas: 1. Information and Communication 2. Employment 3. Transportation (mass transit systems, regulation of taxi cabs) 4. Design of Public Spaces (buildings, parks, parking, etc.) 5. Accessibility Reports

Design of Public Spaces: 80.5 Obligated organizations shall meet the requirements set out in this Part in accordance with the following schedule: 1. For the Government of Ontario and the Legislative Assembly, January 1, 2015. 2. For designated public sector organizations, January 1, 2016. 3. For large organizations, January 1, 2017. 4. For small organizations, January 1, 2018. O. Reg. 413/12, s. 6.

Accessibility Report 14.(1) A person or organization to whom an accessibility standard applies shall file an accessibility report with a director annually or at such other times as the director may specify. 2005, c. 11, s. 14 (1). Enforcement Inspections without warrant 19.(1) An inspector may carry out an inspection under this Act for the purpose of determining whether this Act and the regulations are being complied with. 2005, c. 11, s. 19 (1).

Entry (2) In the course of carrying out an inspection, an inspector may, without warrant, enter any lands or any building, structure or premises where the inspector has reason to believe there may be documents or things relevant to the inspection. 2005, c. 11, s. 19 (2).

Obstruction Prohibited 20(8) No person shall, (a) obstruct an inspector carrying out an inspection under a warrant issued under this section; (b) refuse to answer questions on matters relevant to the inspection; (c) provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading; or (d) withhold from the inspector any information that is relevant to the inspection. 2005, c. 11, s. 20 (8). Consequences 1. Director's Orders (Orders to Comply) 2. Administrative Monetary Penalties

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