Transition from the ODA to the AODA Presentation to OCSTA

1
Transition from the ODA to the AODAPresentation
to OCSTA
Accessibility Directorate of OntarioMinistry of
Community and Social ServicesJanuary 11, 2008
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Profile of disability in Ontario

• The numbers
• More than one in seven (1.85 million) Ontarians
  has a disability
• As population ages, the number will increase
• In 2025, one in five Ontarians will be 65 or
  older nearly 6.7 million people
• The case for employment
• Untapped labour market potential
• Unemployment rate five times as high
• The case for accessible businesses
• Spending power of 21-25 billion a year
• People with disabilities like to eat out, travel,
  work and enjoy retirement

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The Ontarians with Disabilities Act, 2001 (ODA)

• The Purpose of the ODA is to
• improve opportunities for people with
  disabilities
• provide for their involvement in identifying,
  removing preventing barriers to full
  participation
• ODA only applies to designated public sectors
• Sets up an annual accessibility planning process
• No standards
• Limited enforcement

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The Ontarians with Disabilities Act, 2001 (ODA) -
continued

• ODA requires broader public sector organizations
  to
• develop annual accessibility plans include
• measures taken last year to identify, remove and
  prevent barriers plans for next year
• consult with people with disabilities to develop
  plans
• make plans available to the public
• Broader public sector includes
• Provincial Government Ministries
• Municipalities and Public Transportation
  organizations
• Colleges, Hospitals, School Boards, Universities

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Barriers to Accessibility

• Both ODA and AODA define a barrier as anything
  that stops a person with a disability from fully
  taking part in society because of that
  disability, including
• a physical barrier
• an architectural barrier
• an information or communications barrier
• an attitudinal barrier
• a technological barrier
• a policy or a practice

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The Accessibility for Ontarians with Disabilities
Act, 2005 (AODA)

• Purpose of the AODA is to
• develop, implement and enforce accessibility
  standards
• achieve accessibility for Ontarians with
  disabilities with respect to goods, services,
  facilities, employment, buildings, structures and
  premises by January 1, 2025
• involve persons with disabilities and
  representatives of government, industries and
  sectors of the economy in the development of
  standards
• Organizations will be required to file
  accessibility reports if standard applies to them

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Two types of standards to be developed under AODA

• Common standards apply broadly to all persons and
  organizations in Ontario
• Customer Service
• Built Environment
• Employment
• Information and Communications
• Standards that apply to a single sector
• To address accessibility in a particular sector
  e.g., transportation

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Standards Development Committees

• Standards Development Committees (SDCs) will
  develop meaningful, realistic proposed standards

• SDCs set implementation targets and requirements
  to be phased in
• first five years
• subsequent five-year periods
• SDC membership includes
• persons with disabilities or their
  representatives
• representatives of industries, organizations and
  sectors affected by the standard and
• Ontario government ministries

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Developing accessibility standards
Committees start with an initial neutral document
to give them a starting point from which to
develop a proposed standard.
Committees ongoing responsibilities

• Members then proceed to
• Set 20 year objectives
• Set implementation schedule of standards
  requirements
• Review readiness and cost feasibility assessment

Review practices, sample standards
Build consensus within committee
Proposed standard submitted launch of public
review about 45 days
Post-public review SDC finalizes proposed
standard
Get input from respective communities
Government Decision
Regulation
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Compliance and enforcement

• Individuals or organizations must comply with
  accessibility standards within the time frames
  set out in the regulations
• Organizations required to file accessibility
  reports
• Incentives may be developed to encourage
  compliance e.g., less frequent reporting
• Inspectors may be appointed to verify compliance
• Directors may issue orders and/or administrative
  penalties to encourage compliance
• Orders may be appealed to a designated tribunal

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Compliance and enforcement tools
Compliance Assistance
Self-Certification Accessibility Reporting
Compliance Incentives

• Flexible
• Integrated
• User-friendly
• Enforcement is a last resort

Inspection and Enforcement
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Transition from the ODA to AODA

• ODA is expected to be repealed once accessibility
  standards under the AODA are in place
• AODA Standards encourage integrating
  accessibility into regular business and capital
  planning
• many public sector organizations now include
  costs of planned accessibility measures in their
  annual ODA plans and capital planning

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Transition from the ODA to AODA - Differences in
Reporting

• ODA annual accessibility plans typically address
  a broad range of accessibility measures
• AODA compliance reports will likely be more
  focused on the specific areas of accessibility
  addressed in the standard
• for example, requirements in the accessible
  customer service regulation
• AODA reports will likely be in a prescribed format

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Joint ODA Plans vs Individual AODA Reports

• The ODA allows for joint accessibility plans to
  be developed by two or more obligated public
  sector organizations
• However, there are no provisions in AODA to allow
  for the filing of joint accessibility reports
• Therefore, public sector organizations will each
  have to file individual accessibility reports on
  the Accessible Customer Service Standards in 2010

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Transition from the ODA to AODA - continued

• Designated public sector organizations must
  comply with the Accessible Customer Service
  Regulation by 2010
• BPS organizations can include plans for
  implementing the requirements of the Regulation
  in their annual ODA plans
• Plans can also address barriers related to future
  standards, i.e. Information and communications,
  employment and built environment
• Ontario Ministry accessibility plans use a
  template that includes all 5 standards areas

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AODA Accessible Customer Service Regulations

• Two Regulations came into force January 1, 2008
• Accessibility Standards for Customer Service
  Regulation
• Exemption from Reporting Requirements Regulation
• Regulations apply to all organizations that
  provide goods and services to customers in
  Ontario and have at least one employee
• provincial and municipal governments, including
  Legislative Assembly of Ontario
• universities, colleges, hospitals, school boards
  and public transit organizations
• private businesses
• non-profit organizations
• Purpose is to make an organizations customer
  service operations accessible to people with
  disabilities by identifying and removing barriers
  to customer service in such areas as operational
  practices, policies and procedures,
  communications and staff training.

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AODA Accessible Customer Service Regulations

• Timetable for compliance and reporting
• Designated public sector organizations, including
  school boards, must comply by January 1, 2010,
  and report in 2010
• Persons or organizations in the private sector,
  including non-profit, with 20 or more employees
  must comply by January 1, 2012, and report in
  2012
• Persons or organizations in the private sector,
  including non-profit, with one to 19 employees
  must comply by January 1, 2012, but are not
  required to submit compliance reports

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Accessibility Standards for Customer Service
Regulation

• Requirements include
• Establish customer service policies, practices
  and procedures that address the provision of
  goods or services to persons with disabilities.
• Make reasonable efforts to ensure provision of
  goods or services to persons with disabilities
  and others are integrated unless an alternate
  measure is necessary.
• Communicate with customers with disabilities in a
  manner that takes into account the customers
  disability (for example, providing a publication
  in an alternate format, such as audio or
  Braille).

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Accessibility Standards for Customer Service
Regulation

• Requirements (continued)
• Train customer service staff in the provision of
  accessible customer service.
• Permit customers with disabilities who have
  support persons or service animals to use them
  while accessing goods or services in premises
  open to the public.
• Establish a process for customers to provide
  feedback respecting the provision of customer
  services to persons with disabilities and for the
  organization to take action on complaints.
• For complete text of the regulations and answers
  to frequently asked questions visit the
  Ministrys website www.mcss.gov.on.ca

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Standards Development Update

• Accessible Transportation
• Addresses modes of passenger transportation
  within provincial and municipal jurisdiction
  (e.g., municipal transit, taxis)
• Transportation SDC submitted its initial proposed
  standard to the Minister of Community and Social
  Services in May 2007
• Public review of initial proposed standard - June
  27 to September 28, 2007
• SDC to review public comments before finalizing
  and submitting proposed standard to Minister of
  Community and Social Services

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Standards Development Update - continued

• Accessible Information Communications
• Addresses, but not limited to, information
  communication provided to end-users through
  print, telephone, electronically and in person
• SDC established in April 2007 standards
  development underway
• Employment Accessibility
• Addresses accessible hiring practices, employment
  and promotion of paid employees, and
  accommodations
• SDC established in September 2007 standards
  development underway

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Standards Development Update - continued

• Accessible Built Environment
• Addresses access to, from and within buildings
  and outdoor spaces
• could include counter heights, aisle/door widths,
  parking and signs, pedestrian access routes and
  signals
• Currently, barrier-free requirements for
  buildings are in the Ontario Building Code (OBC),
  updated December 2006
• SDC established in October 2007 standards
  development underway

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Accessibility Directorate of Ontario (ADO)

• Directorates Role
• Educate/Inform
• Support
• Assist
• Consult
• Partner

• Research and public education
• Information and compliance assistance support to
  obligated sectors
• Support Minister on
• accessibility standards
• accessibility reporting on standards compliance
• Assist Accessibility Standards Advisory Council
  in fulfilling its mandate
• Consult and partner with organizations to support
  compliance assistance

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Welcoming your participation

• Stay in touch with affiliated organizations who
  sit on an SDC.
• Give feedback on proposed standards during public
  review.
• Support awareness about accessibility in your
  community.
• Nurture a culture of accessibility at work and in
  the community.
• Volunteer to serve on a municipal Accessibility
  Advisory Committee.
• Visit www.AccessON.ca to keep up with the latest
  information and progress.

• Opportunities for building accessibility in our
  communities

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AccessON Breaking Barriers Together

• New website that raises awareness by providing
  information about accessibility and removing
  barriers
• A one-stop shop for AODA information and
  resources and support to assist organizations in
  complying with accessibility standard regulations
  such as
• a compliance assistance guide
• tip sheets and how to primers
• educational tools and resources
• useful links to other on-line resources
• resources in various media formats
• (video, animation, photography)

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Links and resources

• Websites
• Accessibility Ontario
• www.mcss.gov.on.ca click on Accessibility for
  Ontarians with Disabilities
• AccessON
• www.AccessON.ca
• Directory for Accessibility
• www.accessibilitydirectory.ca
• Accessibility Directorate of Ontario
• Toll-free 1-866-515-2025
• TTY 416-325-3408 / 1-800-268-7095
• E-mail accessibility.css_at_ontario.ca