Accessibility for Ontarians with Disabilities Act, 2005

Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11

Ontario· S.O. 2005, c. 11 · 57 sections· current to 2016-04-19In force

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Sections115

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Part I interpretation Purpose
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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. Definitions
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2. In this Act, “accessibility standard” means an accessibility standard made by regulation under section 6; (“norme d’accessibilité”) “barrier” means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; (“obstacle”) “director” means a director appointed under section 30; (“directeur”) “disability” means, (a) 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 imped…
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3. Nothing in this Act or in the regulations diminishes in any way the legal obligations of the Government of Ontario or of any person or organization with respect to persons with disabilities that are imposed under any other Act or otherwise imposed by law. 2005, c. 11, s. 3.
PART II APPLICATION
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part ii application Application
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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. Crown bound
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5. This Act binds the Crown. 2005, c. 11, s. 5.
PART III ACCESSIBILITY STANDARDS
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part iii accessibility standards
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Establishment of Standards Accessibility standards established by regulation
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6. (1) The Lieutenant Governor in Council may make regulations establishing accessibility standards. 2005, c. 11, s. 6 (1). Application of standards (2) An accessibility standard shall name or describe the persons or organizations to which it applies. 2005, c. 11, s. 6 (2). Same (3) An accessibility standard may apply only to a person or organization that, (a) provides goods, services or facilities; (b) employs persons in Ontario; (c) offers accommodation; (d) owns or occupies a building, structure or premises; or (e) is engaged in a prescribed business, activity or undertaking or meets such other requirements as may be prescribed. 2005, c. 11, s. 6 (3). Same, Legislative Assembly (4) An accessibility standard that applies to the Legislative Assembly may impose obligations on the Speaker of the Assembly and may apply with respect to all or part of the Legislative Building or of such othe…
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Standards Development Process Process for development of standards
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7. The Minister is responsible for establishing and overseeing a process to develop and implement all accessibility standards necessary to achieving the purposes of this Act. 2005, c. 11, s. 7. Standards development committees
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8. (1) As part of the process referred to in section 7, the Minister shall establish standards development committees to develop proposed accessibility standards which shall be considered for adoption by regulation under section 6. 2005, c. 11, s. 8 (1). Responsibility for specified industries, etc. (2) Each standards development committee is responsible for, (a) developing proposed accessibility standards for such industries, sectors of the economy or classes of persons or organizations as the Minister may specify; and (b) further defining the persons or organizations that are part of the industry, sector of the economy or class specified by the Minister under clause (a). 2005, c. 11, s. 8 (2). Consultation with ministries (3) Before establishing a standards development committee for a particular industry, sector of the economy or class of persons or organizations, the Minister shall co…
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9. (1) Each standards development committee shall develop proposed accessibility standards in accordance with the process set out in this section and with the terms of reference established by the Minister. 2005, c. 11, s. 9 (1). Determination of long-term objectives (2) Promptly after its establishment, each standards development committee shall determine the long-term accessibility objectives for the industry, sector of the economy or class of persons or organizations in relation to which the committee has responsibilities under subsection 8 (2), by identifying the measures, policies, practices and requirements that it believes should be implemented by the members of the industry, sector or class on or before January 1, 2025. 2005, c. 11, s. 9 (2). Progressive implementation (3) Each standards development committee shall determine an appropriate time-frame for the implementation of the…
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10. (1) Upon receiving a proposed accessibility standard from a standards development committee under subsection 9 (5) or clause 9 (9) (c), the Minister shall make it available to the public by posting it on a government internet site and by such other means as the Minister considers advisable. 2005, c. 11, s. 10 (1). Comments (2) Within 45 days after a proposed accessibility standard is made available to the public in accordance with subsection (1) or within such other period of time as may be specified by the Minister, any person may submit comments with respect to a proposed accessibility standard to the appropriate standards development committee. 2005, c. 11, s. 10 (2). Extension of time for comments (3) The Minister may extend the time period referred to in subsection (2) in order to accommodate a person with a disability or for any other reason that the Minister considers appropri…
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11. (1) Each standards development committee shall provide the Minister with periodic reports on the progress of the preparation of the proposed standard as specified in the committee’s terms of reference or as may be required by the Minister from time to time. 2005, c. 11, s. 11 (1). Progress reports made public (2) Upon receiving a report under subsection (1), the Minister shall make it available to the public by posting it on a government internet site and by such other means as the Minister considers advisable. 2005, c. 11, s. 11 (2). Assistance for standards development committees
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12. The Minister may retain, appoint or request experts to provide advice to a standards development committee. 2005, c. 11, s. 12.
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Compliance with Standards and Review of Reports Compliance with accessibility standard
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13. A person or organization to whom an accessibility standard applies shall comply with the standard within the time period set out in the standard. 2005, c. 11, s. 13. Accessibility report
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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). Report available to public (2) A person or organization shall make an accessibility report filed under subsection (1) available to the public. 2005, c. 11, s. 14 (2). Form (3) An accessibility report shall be in the form approved by the Minister and the Minister may require that the report or a part of the report be provided electronically in a format approved by the Minister. 2005, c. 11, s. 14 (3). Content (4) An accessibility report shall contain such information as may be prescribed. 2005, c. 11, s. 14 (4). Certification of accessibility report
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15. (1) An accessibility report shall include a statement certifying that all the information required to be provided in the report under this Act has been provided and that the information is accurate and the statement shall be signed, (a) if the person preparing the report is an individual, by the individual; and (b) in all other cases, by a director, a senior officer or other responsible person with authority to bind the organization. 2005, c. 11, s. 15 (1). Electronic signature (2) If an accessibility report is filed in an electronic format approved by the Minister, the requirement that a person sign the report under subsection (1) shall be met if he or she provides an electronic signature. 2005, c. 11, s. 15 (2). Definition (3) In subsection (2), “electronic signature” means a personal identification number (PIN), password, biometric information or any other electronic information t…
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16. A director may review an accessibility report filed under section 14 to determine whether it complies with the regulations and whether the person or organization who submitted the report has complied with all applicable accessibility standards. 2005, c. 11, s. 16. Other reports and information
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17. At the request of a director, a person or organization shall provide the director with reports or information relating to the compliance of the person or organization with the accessibility standards. 2005, c. 11, s. 17.
PART IV INSPECTIONS
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part iv inspections Inspectors
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18. (1) The Deputy Minister shall appoint one or more inspectors for the purposes of this Act and the regulations within a reasonable time after the first accessibility standard is established under section 6. 2005, c. 11, s. 18 (1). Certificate of appointment (2) The Deputy Minister shall issue to every inspector a certificate of appointment bearing his or her signature or a facsimile of his or her signature. 2005, c. 11, s. 18 (2). Production of certificate (3) An inspector carrying out an inspection under section 19 shall produce his or her certificate of appointment upon request. 2005, c. 11, s. 18 (3). Inspections without warrant
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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). Time of entry (3) The power to enter and inspect a place without a warrant may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours. 2005, c. 11, s. 19 (3). Dwellings (4) An inspector shall not enter into a place or part of a place that is a dwelling without the consent of the occupant. 2005, c. 11, s. 19 (4). Powers (5) Upon entering a place under subsection (2), an …
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20. (1) Upon application made without notice by an inspector appointed under this Act, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath or affirmation that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations; and (b) there are in any building, dwelling, receptacle or place any documents, records or other things relating to a contravention of this Act or the regulations. 2005, c. 11, s. 20 (1). Powers (2) A warrant obtained under subsection (1) may authorize an inspector named in the warrant, upon producing his or her appointment, (a) to enter any place specified in the warrant, including a dwelling; and (b) to do any of the things specified in the warrant. 2005, c. 11, s. 20 (2). Conditions on search warrant (3) A warrant obtained under subsection (1) shall contain such c…
PART V DIRECTOR’S ORDERS AND ADMINISTRATIVE PENALTIES
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part v director’s orders and administrative penalties Orders Determination of applicable standard
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21. (1) For the purposes of determining whether an accessibility standard applies to a person or organization, a director may order that, (a) the person or organization be treated as being part of a particular industry, sector of the economy or class of persons or organizations; and (b) two or more persons or organizations be treated as one person or organization. 2005, c. 11, s. 21 (1). Same (2) One of the circumstances in which a director may make an order under subsection (1) is where a person or organization has organized his, her or its businesses, activities or undertakings in a particular manner and the intent or effect of doing so is to permit the person or organization not to comply with a particular accessibility standard or to otherwise defeat the purposes of this Act. 2005, c. 11, s. 21 (2). Compliance order, reporting requirements (3) If a director concludes that a person or…
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22. (1) A director shall not make an order under section 21 unless, before doing so, he or she gives notice of the order to the person or organization that is the subject of the proposed order and gives the person or organization an opportunity to make submissions with respect to the proposed order in accordance with this section. 2005, c. 11, s. 22 (1). Content of notice (2) The notice shall inform the person or organization, (a) of the nature of the order that the director proposes to make; (b) of the steps that the person or organization must take in order to comply with the order; (c) of the right of the person or organization to make written submissions to the director explaining the alleged failure to comply; and (d) of the time within which the submissions must be made. 2005, c. 11, s. 22 (2). Written submissions (3) The person or organization that receives notice under this secti…
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23. (1) If a person or organization fails to comply with an order to pay an administrative penalty within the time specified in the order and no appeal of the order is made within the time specified in subsection 27 (1), the order may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. 2005, c. 11, s. 23 (1). Same (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the order is filed shall be deemed to be the date of the order. 2005, c. 11, s. 23 (2). Failure to pay after appeal (3) Subsections (1) and (2) apply with necessary modifications to an order of the Tribunal requiring a person or organization to pay an administrative penalty. 2005, c. 11, s. 23 (3). Stay where appeal (4) If a person or…
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24. A director is not required to hold a hearing or to afford a person or organization an opportunity for a hearing before making an order under section 21. 2005, c. 11, s. 24. Order reviewed, etc.
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25. (1) Within a reasonable time after making an order under section 21, a director may review the order and vary or rescind it. 2005, c. 11, s. 25.
PART VI APPEALS TO TRIBUNAL
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Extension of time for review (2) The director who made an order under section 21 may extend the time referred to in subsection (1) if the director is of the opinion that doing so is necessary in order to accommodate a person with a disability or advisable for any other reason that the director considers appropriate. 2016, c. 5, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 1, s. 4 - 19/04/2016 part vi appeals to Tribunal Designation of tribunals
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26. (1) The Lieutenant Governor in Council shall, by regulation, designate one or more tribunals for the purposes of this Act and of the regulations within a reasonable time after the first accessibility standard is established under section 6. 2005, c. 11, s. 26 (1). Responsibility of tribunals (2) Each tribunal designated under subsection (1) shall be responsible for hearing such matters arising under this Act as are specified in the designation. 2005, c. 11, s. 26 (2). Powers and duties (3) A tribunal designated under subsection (1) may exercise such powers and shall perform such duties as are conferred or imposed upon it by or under this Act. 2005, c. 11, s. 26 (3). Appeals to Tribunal
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27. (1) A person or organization that is the subject of an order made by a director under section 21, 25 or subsection 33 (8) may appeal the order by filing a notice of appeal with the Tribunal within 15 days after the day the order is made. 2005, c. 11, s. 27 (1). Extension of time by Tribunal (1.1) The Tribunal may extend the time period specified in subsection (1) for appealing an order made under section 21 or 25 or subsection 33 (8) in order to accommodate a person with a disability or for any other reason that the Tribunal considers appropriate. 2016, c. 5, Sched. 1, s. 5. Notice of appeal (2) A notice of appeal shall be in a form approved by the Tribunal and shall contain the information required by the Tribunal. 2005, c. 11, s. 27 (2). Filing fee (3) A person or organization that appeals an order to the Tribunal shall pay the prescribed filing fee. 2005, c. 11, s. 27 (3). Hearing…
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28. The Tribunal may attempt to effect a settlement of all or part of the matters that are the subject of an appeal by mediation if, (a) the parties consent to the mediation; and (b) the Tribunal considers that it is in the public interest to do so. 2005, c. 11, s. 28.
PART VII MUNICIPAL ACCESSIBILITY ADVISORY COMMITTEES
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Part vii municipal accessibility advisory committees Accessibility advisory committees
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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). Duties of committee (4) The committee shall, (a) advise the council about the requirements and implementation of accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice under s…
PART VIII ADMINISTRATION
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Section Amendments with date in force (d/m/y)
Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 1 - 01/01/2007 Part viii administration Directors
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30. (1) The Deputy Minister shall appoint one or more directors for the purposes of this Act and the regulations. 2005, c. 11, s. 30 (1). Responsibility (2) A director is responsible for the application of all or any part of this Act and of the regulations with respect to any class of persons or organizations specified in the director’s appointment. 2005, c. 11, s. 30 (2). Powers and duties (3) A director shall perform such duties and exercise such powers as may be specified in this Act or the regulations, subject to such conditions and restrictions as may be set out in the appointment. 2005, c. 11, s. 30 (3). Delegation (4) A director may, in writing, authorize any person to exercise any power or perform any duty of the director, subject to such conditions and restrictions as may be set out in the authorization. 2005, c. 11, s. 30 (4). Same (5) An authorization under subsection (4) may …
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31. (1) The Minister shall establish a council to be known in English as the Accessibility Standards Advisory Council and in French as Conseil consultatif des normes d’accessibilité. 2005, c. 11, s. 31 (1). Members (2) A majority of the members of the Council shall be persons with disabilities. 2005, c. 11, s. 31 (2). Remuneration and expenses (3) The Minister may pay the members of the Council the remuneration and the reimbursement for expenses that the Lieutenant Governor in Council determines. 2005, c. 11, s. 31 (3). Duties (4) At the direction of the Minister, the Council shall advise the Minister on, (a) the process for the development of accessibility standards and the progress made by standards development committees in the development of proposed accessibility standards and in achieving the purposes of this Act; (b) accessibility reports prepared under this Act; (c) programs of p…
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32. (1) The directorate known in English as the Accessibility Directorate of Ontario and in French as Direction générale de l’accessibilité pour l’Ontario is continued. 2005, c. 11, s. 32 (1). Employees (2) Such employees as are necessary for the proper conduct of the Directorate’s work may be appointed under Part III of the Public Service of Ontario Act, 2006. 2005, c. 11, s. 32 (2); 2006, c. 35, Sched. C, s. 2. Functions of Directorate (3) At the direction of the Minister, the Directorate shall, (a) advise the Minister with respect to the establishment and composition of standards development committees and with respect to the standards development process established under section 9; (b) prepare training material for members of the standards development committees and guidelines and other reference material that may be used in preparing proposed accessibility standards; (c) advise the…
PART IX INCENTIVE AGREEMENTS
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Section Amendments with date in force (d/m/y) #43
Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 2 - 20/08/2007 part ix incentive agreements Agreements
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33. (1) If the Minister believes it is in the public interest to do so, the Minister may enter into agreements under this section with any person or organization required under this Act to comply with an accessibility standard, in order to encourage and provide incentives for such persons or organizations to exceed one or more of the requirements of the accessibility standards. 2005, c. 11, s. 33 (1). Content of agreements (2) A person or organization who enters into an agreement with the Minister under this section shall undertake to exceed one or more of the requirements of an accessibility standard applicable to that person or organization and to meet such additional requirements as may be specified in the agreement, within the time period specified in the agreement, in relation to accessibility with respect to, (a) goods, services and facilities provided by the person or organization…
PART X GENERAL
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Section Amendments with date in force (d/m/y) #45
Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 1, s. 6 (1, 2) - 19/04/2016 part x general Delegation of Minister’s powers
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34. The Minister may delegate any of his or her powers under this Act to a director, whether or not the director is an employee of the Ministry, or to such employees of the Ministry as may be named in the delegation. 2005, c. 11, s. 34. Document formats
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35. (1) Despite any requirement in this Act that a notice, order or other document given or made by the Minister, a director or the Tribunal be in writing, if a request is made by or on behalf of a person with disabilities that the notice, order or document be provided in a format that is accessible to that person, the notice, order or document shall be provided in such a format. 2005, c. 11, s. 35 (1). Same (2) A notice, order or other document provided to a person with disabilities under subsection (1) shall be provided within a reasonable time after the request is made. 2005, c. 11, s. 35 (2). Acceptance of accessible documents (3) A person with a disability who is required under this Act to provide a notice or other document is entitled to do so in a format that is accessible to the person. 2016, c. 5, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 1…
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36. (1) Any notice given under section 22 or 33 and any order made under section 21, 25, 27 or 33 shall be given or served only, (a) by personal delivery; (b) by a method of delivery by mail that permits the delivery to be verified; or (c) by telephonic transmission of a facsimile of the document or by electronic mail if the person is equipped to receive such transmissions or mail. 2005, c. 11, s. 36 (1). Personal delivery to various entities (2) Service by personal delivery of a notice or order referred to in subsection (1) shall be delivered, (a) in the case of service on a municipal corporation, to the mayor, warden, reeve or other chief officer of the municipality or to the clerk of the municipality; (b) in the case of service on a corporation other than a municipal corporation, to a director or officer of the corporation or to a manager, secretary or other person apparently in charg…
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37. (1) A person is guilty of an offence who, (a) furnishes false or misleading information in an accessibility report filed with a director under this Act or otherwise provides a director with false or misleading information; (b) fails to comply with any order made by a director or the Tribunal under this Act; or (c) contravenes subsection 20 (8) or subsection (2). 2005, c. 11, s. 37 (1). Same, intimidation (2) No person shall intimidate, coerce, penalize or discriminate against another person because that person, (a) has sought or is seeking the enforcement of this Act or of a director’s order made under this Act; (b) has co-operated or may co-operate with inspectors; or (c) has provided, or may provide, information in the course of an inspection or proceeding under this Act. 2005, c. 11, s. 37 (2). Penalties (3) Every person who is guilty of an offence under this Act is liable on conv…
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38. If a provision of this Act, of an accessibility standard or of any other regulation conflicts with a provision of any other Act or regulation, the provision that provides the highest level of accessibility for persons with disabilities with respect to goods, services, facilities, employment, accommodation, buildings, structures or premises shall prevail. 2005, c. 11, s. 38. Regulations
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39. (1) The Lieutenant Governor in Council may make regulations, (a) governing the time-frames for the development of proposed accessibility standards by standards development committees established under section 8, for the implementation of accessibility standards and for the review of those standards and providing different time-frames for different accessibility standards relating to different industries, sectors of the economy or classes of persons or organizations; (b) governing reports or information to be provided to a director for the purposes of this Act and requiring persons or organizations to provide such information; (c) governing accessibility reports, including the preparation of such reports; (d) respecting the manner in which accessibility reports shall be made available to the public and requiring persons and organizations to make the reports available in a prescribed m…
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40. (1) The Minister shall prepare an annual report on the implementation and effectiveness of this Act. 2005, c. 11, s. 40 (1). Content of report (2) The report shall include an analysis of how effective the standards development committees, the accessibility standards and the enforcement mechanisms provided for under this Act are in furthering the purpose of this Act. 2005, c. 11, s. 40 (2). Tabling of report (3) The Minister shall submit the report to the Lieutenant Governor in Council and shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. 2005, c. 11, s. 40 (3). Review of Act
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41. (1) Within four years after this section comes into force, the Lieutenant Governor in Council shall, after consultation with the Minister, appoint a person who shall undertake a comprehensive review of the effectiveness of this Act and the regulations and report on his or her findings to the Minister. 2005, c. 11, s. 41 (1). Consultation (2) A person undertaking a review under this section shall consult with the public and, in particular, with persons with disabilities. 2005, c. 11, s. 41 (2). Contents of report (3) Without limiting the generality of subsection (1), a report may include recommendations for improving the effectiveness of this Act and the regulations. 2005, c. 11, s. 41 (3). Tabling of report (4) The Minister shall submit the report to the Lieutenant Governor in Council and shall cause the report to be laid before the Assembly if it is in session or, if not, at the nex…
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42. Omitted (amends or repeals other Acts). 2005, c. 11, s. 42.
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43. Omitted (provides for coming into force of provisions of this Act). 2005, c. 11, s. 43.
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44. Omitted (enacts short title of this Act). 2005, c. 11, s. 44. ______________