New changes recently in force redefine the sizes of Ontario organizations and their compliance requirements
Is your Ontario organization a large one or a small one? For the purposes of Ontario’s Accessibility for Ontarians with Disabilities Act (AODA), you’d better be sure.
On July 1, 2016, a number of amendments to the AODA came into force.
First, the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, two regulations enacted under the AODA, are now consolidated into a single regulation. The regulation keeps the name Integrated Accessibility Standards. Ontario employers will need only to consult the new Integrated Accessibility Standards to determine their AODA obligations.
Second, the definitions of a “large organization” and a “small organization” are clarified. A “large organization” has at least 50 employees. A “small organization” has more than one but fewer than 50 employees. The minimum 20-employee threshold, applicable to some obligations in the former Accessibility Standards for Customer Service is revoked, except with respect to accessibility reports.
The change brings clarity as to which organizations are “large” and “small. Presumably, more employers will now fall within the definition of a “small organization” and will see their responsibilities under the AODA lessened — such as fewer employers will have to prepare written documents describing its policies. Arguably, the change reflects a recognition that “small organizations” were defined too narrowly at only 20 employees, although a 50-person workplace hardly seems “large” by most standards. Separate obligations remain in place for the Government of Ontario, the Legislative Assembly, and large and small designated public sector organizations. The AODA and the Integrated Accessibility Standards should be consulted to confirm the obligations of your organization.
Third, training must be provided on all aspects of the standards and the Ontario Human Rights Code to any person who is an employee or volunteer, who participates in developing the organization’s policies, and who provide goods, services or facilities on behalf of the organization.
This change increases the number of persons who may now require training to include those providing facilities on behalf of the organization. This change is consistent with the provisions of the regulation that specify that the customer service obligations now apply to providers of goods, services, and facilities.
Fourth, the obligation to file accessibility reports has been amended. A “small organization” does not have to file an accessibility report if it has fewer than 20 employees. However, it must file an accessibility report related to the customer service obligations if it has at least 20 but fewer than 50 employees. This is meant to be consistent with a phased approach to implementing the AODA and to allow exempted organizations to focus their efforts and resources on complying with the accessibility standards.
Fifth, the category of health care practitioner who can certify a service animal for the purpose of the AODA is expanded and now includes members of the College of Audiologists and Speech-Language Pathologists of Ontario, the College of Chiropractors of Ontario, the College of Nurses of Ontario, the College of Occupational Therapists of Ontario, the College of Optometrists of Ontario, the College of Physicians and Surgeons of Ontario, the College of Physiotherapists of Ontario, the College of Psychologists of Ontario, and the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.
Sixth, a number of provisions establishing schedules for compliance are revoked. This is because most Ontario employers are now expected to have complied with the AODA and the standards.
Challenges for Ontario employers
Employers are reminded to review the AODA and the standards and assess whether they are compliant. Among the key reminders for both “large” and “small” organizations:
• All “large” organizations were required to comply with the employment standards requirements effective Jan. 1, 2016. The employment standards obligations include (but are not limited to):
- Notifying employees and the public that applicants with disabilities will be accommodated, when applying for work.
- Notifying job applicants that accommodations are available, if individual assessment or testing is to be performed during the application process.
- Informing employees of existing policies used to support those with disabilities.
- Creating individual accommodation plans for persons with disabilities. The process for developing the individual accommodation plans is set out in the regulation.
- Creating a return to work process for employees who require disability-related accommodations to return to work after a disability-related leave of absence. That process must be documented. The regulation sets out what must be included in the documented process, which must take the individual accommodation plan into account.
- Taking accessibility needs into account when applying performance management or when providing career development or advancement opportunities.
• The employment standards that apply to “small” organizations come into effect on Jan. 1, 2017. Ask yourself whether you are aware of your obligations and, if not, whether employment counsel can assist.
• Training need not be complicated, but it must be completed! The standards significantly set out the content of the training. All “large” obligations must retain records of the training provided. Consider whether in-house training is practical, or whether outside assistance is required.
• Both “small” and “large” organizations must file accessibility reports every three years. The three-year “clock” began on Dec. 31, 2014, for all “large” and “small” organizations. Ask whether your organization has complied with this obligation.
• All “large” organizations must make their internet websites and web content conform with the World Wide Web Consortium Web Content Accessibility Guidelines 2.0, initially at Level A and increasing to Level AA.
