Integrated Accessibility Standards, Ontario Regulation – It’s Now Law
June 8, 2011
During the fall of 2010, the Ministry of Community and Social Services issued the first draft of the proposed Integrated Accessibility Regulation for public review.
Comments were considered and revisions to the Regulation were made. In February of 2011, a second proposed version was released for feedback.
The final version with integrated public commentary and feedback was passed into law June 3rd. Specific requirements in the new Ontario Regulation will be phased in between 2012 and 2017.
This Briefing outlines what is included and excluded in the Ontario Regulation – Integrated Accessibility Standards.
General Points of Difference between the Regulation and the Earlier Proposal
We made several recommendations in February in response to the proposed regulation at that time. The main points of difference and improvement are identified below:
- requiring each organization's training of employees and volunteers on accessibility to include both the IAR's requirements and the Human Rights Code's requirements.
- requiring that this accessibility training be given to those who deliver facilities to the public, not just goods or services.
- comparably expanding the contents of accessibility policies that organizations must adopt.
- clarifying that "point-of-sale" devices are among the electronic self-service kiosks that must include accessibility features.
- requiring organizations with public feedback opportunities to notify the public about availability of accessible formats and communication supports.
- removing from a number of provisions the troubling wording that suggested that an organization has the final and unchallengeable say on whether an accommodation is appropriate for a person with a disability.
- clarifying which organizations have a duty under the IAR to provide accessible educational and training resources and materials.
- requiring school boards or educational or training institutions to keep records of the training they provide to their educators on meeting the accessibility needs of persons with disabilities.
- clarifying that when an employer retains an outside consultant to help advise on accommodation needs in the workplace, it is the employer, and not the outside consultant, who must decide on what accommodation to deliver.
- removing the total exemption from the IAR, earlier included, for the Niagara Falls Incline Railway.
- requiring public transit providers to keep records of the accessibility training they provide.
- requiring public transit providers to make their emergency preparedness policies available to the public.
- removing the exemption in the IAR for para-transit vehicles in a fleet before July 1, 2011 (but leaving that exemption in place for the public transit vehicles of conventional transit providers).
- removing a requirement that public transit providers adopt strategies to urge persons with disabilities to use conventional transit instead of para-transit.
- requiring para-transit services to develop steps to reduce wait times for their services.
- requiring bus drivers to promptly report when there is a temporary barrier at a bus stop. Previously they had this duty, but no obligation to do so promptly.
- requiring conventional public transit providers to develop a strategy to inform the public about the need for courtesy seating.
- clarifying wording on when public transit route stops must be audibly announced.
- expanding the right of persons with disabilities to appeal if refused permission to use para-transit.
- some improvements to the duty of municipalities to act to make bus stops and shelters accessible.
- expanding the duty of municipalities to adopt strategies to get more accessible taxis on the road.
- requiring taxis to have their registration and licensing information available to passengers with disabilities in an accessible format.
Specifics
The proposed Integrated Accessibility Regulation (IAR) combines the information and communications, employment and transportation standards into a single, integrated regulation.
The proposed regulation will prescribe requirements in three key areas:
1. Accessibility requirements (in four main categories):
- General requirements that will apply to the entire IAR
- Accessibility requirements specific to information and communications
- Accessibility requirements specific to employment
- Accessibility requirements specific to transportation
2. Compliance enforcement initiatives, which outline the following:
- Administrative monetary penalties
- Designation of a tribunal to hear appeals under the Accessibility for Ontarians with Disabilities Act, 2005
3. Timelines for compliance (which run between 2011 and 2017).
Who Must Comply?
The class structure for compliance is unchanged from the February 2011 version:
- Government of Ontario and Legislative Assembly
- Large designated public sector organizations (50+ employees)
- Small designated public sector organizations (1–49 employees)
- Large organizations (50+ employees – non-government, non-public sector)
- Small organizations (1–49 employees, non-government, non-public sector)
- Small organizations (1–49 employees, non-government, non-public sector) will be exempt from certain requirements such as compliance reporting.
How Does My Organization Comply?
Requirements common to all three standards include policies and procedures, training and enforcement:
Policies and Procedures
Every obligated organization will be required to establish, maintain and implement policies governing the implementation of the accessibility standards (Information and Communications, Employment and Transportation). The policies will be required to include:
- A description of how the organization will meet the requirements of the accessibility standards; and
- A statement of commitment for meeting the needs of persons with disabilities in a timely manner.
Schedule:
Government of Ontario: Jan 1, 2012
Large Designated Public Sector: Jan 1, 2013
Small Designated Pubic Sector: Jan 1, 2014
Large Organizations: Jan 1, 2014 – March of Dimes!
Small Organizations: Jan 1, 2015
The Government of Ontario and every public organization will be required to establish and maintain policies on how the organization will consider the needs of persons with disabilities when procuring or acquiring goods, services and facilities.
Government: Jan 1, 2012
Large Public: Jan 1, 2013
Small Public: Jan 1, 2014
The government, all public organizations, and private and not-for profit organizations with 50+ employees will be required to prepare multi-year Accessibility Plans, post the Plans on their websites, make available in accessible formats upon request, and review/update the Plans every five years. This requirement is a new addition to this version of the Regulation.
Government: Jan 1, 2012
Large Public: Jan 1, 2013
Small Public: Jan 1, 2014
Large: Jan 1, 2014 – March of Dimes!
Note: organizations are not required to have every format in stock, but rather have the means to provide “alternate” information as soon as possible.
Self-service Kiosks
Kiosk means an interactive electronic terminal for public use that offers services, products, or both.
All organizations will be required to incorporate accessibility features when designing, procuring or acquiring kiosks. Compliance will commence on a go-forward basis starting January 1, 2014 for Government and large organizations, and January 1, 2015 for small organizations.
Training
All employees, volunteers, persons who provide services on behalf of an organization and persons who participate in developing the policies, practices and procedures of an organization, will be required to be trained on the requirements of the accessibility standards and on the Human Rights Code as it pertains to persons with disabilities.
Training must be provided on an ongoing basis and be appropriate to the duties of the employees, volunteers and other persons. All obligated organizations will be required to provide accessibility training on achieving an accessible workplace to employees.
Government: Jan 1, 2013
Large Public: Jan 1, 2014
Small Public: Jan 1, 2015
Large: Jan 1, 2015 – March of Dimes!
Small: Jan 1, 2016
Enforcement
Two elements of the inspection and enforcement system will be regulated within the Compliance Assurance Framework under the Integrated Accessibility Regulation:
An Administrative Monetary Penalties scheme is being established under the AODA. The scheme will allow a director or a designate to issue an order against a person, organization or corporation to pay a penalty amount as a result of non-compliance with the AODA or the accessibility standards.
The largest penalty amount that can be issued to an individual or an organization that is not a corporation is $50,000, and the maximum for a corporation is $100,000. These penalties are substantially higher in this version of the Regulation.
Under Section 26 of the AODA, the ministry must designate a tribunal within a reasonable time after the first accessibility standard is in place. It was determined that the Licence Appeal Tribunal (LAT) will be designated as the tribunal to hear appeals of directors’ orders under the AODA. The LAT is the most suitable existing tribunal for designation as it handles appeals related to businesses meeting prescribed standards or requirements under regulations and statutes.
Accessibility Requirements Specific to each Standard of the IAR
Accessibility Requirements Specific to Information and Communications
- Requirements will not apply to commercial products and product labels, such as books, magazines, video games and DVDs.
- Requirements only apply to websites, web content and web-based applications that an organization can control either directly or through a contractual relationship – and where meeting the requirement is “technically feasible”. Requirements will not apply to unconvertible information or communications.
- Every organization must have a process for receiving and responding to Feedback, compliance commencing January 1, 2013 and applying to organizations like March of Dimes January 1, 2015.
- Accessible formats and supports must be available in a “timely manner” and at a cost that is no more than what is charged to other people. This section of the Regulation remains unclear and requires clarification. Compliance would commence January 1, 2014 and apply to March of Dimes January 1, 2016.
- If an obligated organization prepares emergency procedures and makes that information publically available, the organization is now obligated is now required to provide the information in an accessible format upon request (as soon as practicable).
- Public or private elementary, secondary and post-secondary educational or training institutions will be required to provide educational and training materials in an accessible format that meets the needs of the person with a disability by purchasing or obtaining an accessible or conversion-ready format, or arranging for comparable resources, with compliance effective between January 1, 2013 and January 1, 2015.
- All educators in Ontario must receive accessibility awareness training related to course design and instruction, commencing January 1, 2013 for large organizations and effective January 1, 2015 for small organizations. March of Dimes Opportunity!
- Producers of textbooks shall, upon request, make accessible or conversion-ready version starting January 1, 2015. This requirement will apply to producers of training supplementary learning resources starting January 1, 2020.
- Every public library board will be required to provide access to or the provision of access to accessible public library materials (where available) by January 1, 2013.
- As in the first version of the Regulation, these requirements for do not apply to archival materials, special collections, rare books and donations.
- For Government: by January 1, 2012, new internet and intranet websites and web content must conform with WCAG 2.0 Level AA (Captions and Audio Descriptions excluded)
- By January 1, 2016, all government internet website and content must conform with WCAG 2.0 Level AA (Live captions and pre-recorded Audio Descriptions excluded).
- Designated Public and Large Organizations (March of Dimes!): By January 1, 2014, new interest websites and content must conform with WCAG 2.0 Level A. By January 1, 2021, all internet websites must conform with WCAG 2.0 Level AA (Live Captions and Pre-recorded Audio Descriptions excluded).
- Web content published prior to January 1, 2012 is exempt.
Exemption Clause to the above: demonstrate that compliance is technically not feasible, practicable, or will cause undue hardship.
Accessibility Requirements Specific to Employment
Generally, March of Dimes must comply with the Employment section of the IAR by January 1, 2016. Government compliance commences January 1, 2013. Requirements will not apply to unpaid employment, volunteer placements, co-op placements, high school work experience placements, etc.
- The scope of application for Employment is largely unchanged from the previous proposed Employment Standard.
- The scope of application includes recruitment, accommodation plans, return-to-work employees, performance management, career development and redeployment, and applies to all organizations.
Accessibility Requirements Specific to Transportation
- The scope of application covers the following:
- Conventional transportation
- Specialized transportation
- Public school transportation
- Other transportation services
- Ferry
- Taxi
- Requirements do not apply to voluntary or faith-based transportation, federally regulated transportation, emergency response vehicles and amusement park rides.
- All obligated organizations will be required to prepare Accessibility Plans that provides information on how accessibility is being achieved, how municipalities are making progress in meeting the accessible taxi needs of their community and the number of accessible bus stops and shelters by January 1, 2013.
- Employees and volunteers of conventional and specialized transportation providers must receive accessibility training by January 1, 2014.
- Transportation providers will be required to establish and document emergency preparedness policies and procedures by January 1, 2012.
- Conventional passenger transportation providers cannot charge passengers with a disability a higher fare than passengers without a disability or a fee for the stowage of assistive devices commencing July 1, 2011, and cannot charge fare for a support person commencing January 1, 2014.
- Municipalities will be required to work with persons with disabilities and taxi providers to determine the proportion of on-demand accessible service in their communities
- In the event of a service disruption, transportation providers will be required to make alternate accessible arrangements to passengers with disabilities.
- No retrofit of existing fleet vehicles will apply to anything obtained prior to July 1, 2011.
- Every conventional transportation provider shall ensure that its vehicles manufactured after January 1, 2013 are equipped with lifting devices, ramps or portable bridge plates.
- On a go-forward basis, transportation providers will be required to ensure the legible display of the route or destination visible at the boarding point, and that a visual amber warning lamp indicator be mounted on the exterior near the accessible entrance doors.
- On a go-forward basis, providers will be required to ensure that grab bars, handholds, handrails and stanchions are located in specific locations throughout the vehicle, and ensure that surfaces in the vehicle are minimal glare and non-slip.
- On a go-forward basis, the transportation provider will be required to provide a minimum of 2 allocated transportable mobility aid spaces on the vehicle.
- Specific technical requirements on a go-forward basis also apply to stop request and emergency controls and lighting.
- Specialized transportation providers will be required to have 3 categories of eligibility: unconditional, temporary and conditional (technical definitions of category and eligibility application/processes contained in the standard).
- Transportation providers may deny requests for specialized transportation services to persons who are categorized as having temporary or conditional eligibility if the stops are accessible to a person.
- Where specialized transportation services are provided in adjacent municipalities, both respective providers will be required to facilitate connections between services.
- Specialized transportation providers will be required to provide same day services -- to the extent that service is available, and accept booking requests up to at least 3 hours prior to the end of service the previous day, by January 1, 2014.
- Publicly funded school boards will be required to provide integrated school transportation for all students where transportation is normally provided – where possible and appropriate for safety considerations
- Transportation services of universities, hospitals and colleges will be accessible and equivalent upon request.
- Operator responsibilities include policies and procedures on the following:
- Assistance to persons with disabilities
- Use of lifting devices
- Providing route/destination information
Next Steps
The Accessibility Directorate of Ontario will publish e-learning tools related to the Integrated Accessibility Standards later this fall. Publication in the Ontario Gazette is imminent.