Following our previous updates of October 15, 2020, January 13, 2021 and June 14, 2021, yet another deadline approaches under the Accessibility for Ontarians with Disabilities Act, 2005 (the "AODA").
Accessibility Compliance Reports Due on December 31, 2023
As a quick refresher, the AODA sets out a process for developing, implementing and enforcing accessibility standards in the province of Ontario.
Different obligations are imposed on organizations depending on the nature and size of the organization. For instance, businesses, non-profit organizations, and certain public-sector organizations operating in Ontario with twenty (20) or more employees are required to submit an Accessibility Compliance Reporting Form (a "Compliance Report") every three (3) years.
The Compliance Report sets out, among other things, information about whether the organization is compliant with the accessibility requirements under the AODA. For example, organizations must provide information with respect to the following (non-exhaustive) areas:
- Whether the organization has a website and, if so, whether the website contains a copy of the organization's accessibility plan;
- Whether the organization's accessibility plan is available in an accessible format, if requested; and
- Whether the organization provides training on the AODA, the AODA's Integrated Accessibility Standards Regulation, and the Ontario Human Rights Code.
Organizations with fewer than twenty (20) employees in Ontario are not required to file a Compliance Report. However, other obligations apply and include the requirement to: (i) create accessibility policies; (ii) provide training on such policies; and (iii) providing information in accessible formats.
Action Items
We strongly suggest that employers access the Compliance Report Form as soon as possible, which can be found here, to assess any compliance gaps within their organization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.