Accessibility for Ontarians with Disabilities Act Update

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Emergency procedure, plans or public safety information

13. (1) In addition to its obligations under section 12, if an obligated organization prepares emergency procedures, plans or public safety information and makes the information available to the public, the obligated organization shall provide the information in an accessible format or with appropriate communication supports, as soon as practicable, upon request.

(2) Obligated organizations that prepare emergency procedures, plans or public safety information and make the information available to the public shall meet the requirements of this section by January 1, 2012.

Workplace emergency response information

27. (1) Every employer shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability.

(2) If an employee who receives individualized workplace emergency response information requires assistance and with the employee’s consent, the employer shall provide the workplace emergency response information to the person designated by the employer to provide assistance to the employee.

(3) Employers shall provide the information required under this section as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability.

(4) Every employer shall review the individualized workplace emergency response information,

(a) when the employee moves to a different location in the organization;

(b) when the employee’s overall accommodations needs or plans are reviewed; and

(c) when the employer reviews its general emergency response policies.

(5) Every employer shall meet the requirements of this section by January 1, 2012.

Emergency preparedness and response policies

37. (1) In addition to any obligations that a conventional transportation service provider or a specialized transportation service provider has under section 13, conventional transportation service providers and specialized transportation service providers,

(a) shall establish, implement, maintain and document emergency preparedness and response policies that provide for the safety of persons with disabilities; and

(b) shall make those policies available to the public.

(2) Conventional transportation service providers and specialized transportation service providers shall, upon request, provide the policies described in subsection (1) in an accessible format.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2012.

Availability of information on accessibility equipment, etc.

34. (1) All conventional transportation service providers and specialized transportation service providers shall make available to the public current information on accessibility equipment and features of their vehicles, routes and services.

(2) Conventional transportation service providers and specialized transportation service providers shall, upon request, provide the information described in subsection (1) in an accessible format.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2012.

Emergency preparedness and response policies

37. (1) In addition to any obligations that a conventional transportation service provider or a specialized transportation service provider has under section 13, conventional transportation service providers and specialized transportation service providers,

(a) shall establish, implement, maintain and document emergency preparedness and response policies that provide for the safety of persons with disabilities; and

(b) shall make those policies available to the public.

(2) Conventional transportation service providers and specialized transportation service providers shall, upon request, provide the policies described in subsection (1) in an accessible format.

(3) Conventional transportation service providers and specialized transportation service providers shall meet the requirements of this section by January 1, 2012.

General responsibilities

44. (1) Conventional transportation service providers shall,

(a) deploy lifting devices, ramps or portable bridge plates upon the request of a person with a disability;

(b) ensure that adequate time is provided to persons with disabilities to safely board, be secured and deboard transportation vehicles and that assistance be provided, upon request, for these activities;

(c) assist with safe and careful storage of mobility aids or mobility assistive devices used by persons with disabilities; and

(d) allow a person with a disability to travel with a medical aid.

(2) Conventional transportation service providers shall, upon request, make information on the matters referred to in subsection (1) available in an accessible format.

(3) Conventional transportation service providers shall comply with the requirements of this section by January 1, 2012.

(4) In this section, “medical aid” means an assistive device, including respirators and portable oxygen supplies.

Transit stops

47. (1) Conventional transportation service providers, in respect of transportation vehicles to which this section applies, shall ensure that persons with disabilities are able to board or deboard a transportation vehicle at the closest available safe location, as determined by the operator, that is not an official stop, if the official stop is not accessible and the safe location is along the same transit route.

(2) In determining where a safe location may be situated for the purposes of subsection (1), the conventional transportation service provider shall give consideration to the preferences of the person with a disability.

(3) Conventional transportation service providers shall ensure that operators of their transportation vehicles promptly report to an appropriate authority where a transit stop is temporarily inaccessible or where a temporary barrier exists.

(4) This section applies in respect of the following:

1. Transit buses.

2. Motor coaches.

3. Streetcars.

(5) Conventional transportation service providers shall meet the requirements of this section by January 1, 2012.

Storage of mobility aids, etc.

48. (1) Every conventional transportation service provider shall, if safe storage is possible, ensure that mobility aids and mobility assistive devices are stored in the passenger compartments of its transportation vehicles within reach of the person with the disability who uses the aid or device.

(2) If safe storage of mobility aids and mobility assistive devices is not possible within the passenger compartment and the vehicle is equipped with a baggage compartment, a conventional transportation service provider shall ensure that mobility aids and mobility assistive devices are stored in the baggage compartment of the vehicle on which the person with the disability is travelling.

(3) Every conventional transportation service provider shall ensure that operators of its transportation vehicles secure and return mobility aids and mobility assistive devices in a manner that does not affect the safety of other passengers and does not cause damage to the aid or device, where the mobility aid or mobility assistive device is stored in the baggage compartment of the vehicle.

(4) No conventional transportation service provider shall charge a fee for the storage of a mobility aid or a mobility assistive device.

(5) This section applies in respect of the following:

1. Transit buses.

2. Motor coaches.

3. Streetcars.

4. Subways.

5. Light rail.

6. Commuter rail.

7. Inter-city rail.

(6) Subject to subsection (7), conventional transportation service providers shall meet the requirements of this section by January 1, 2012.

We first reported on the Accessibility for Ontarians with Disabilities Act, 2005 in our Fall 2009 newsletter.

The Act was enacted with the objective of making Ontario completely accessible to people with disabilities by the year 2025. In order to work toward accomplishing this goal, various Accessibility Standards have been developed.

At the time of our last update, the Accessibility Standards for Customer Service had been enacted in law. It requires businesses to ensure that the goods and services they provide are accessible to all members of the public. Public sector organizations were required to be

compliant by January 1, 2010, while private sector businesses have until January 1, 2012 to bring themselves into compliance.

The Employment, Information and Communication, and Transportation Standards have now been combined into the Integrated Accessibility Standards Regulation. The timelines for the implementation of these standards by public and private sector employees vary, from 2011 to 2025.

Yet another Standard, the Built Environment Standard, continues to be developed separately from the Integrated Standards.

Most important to employers is the Employment Accessibility Standard, which will apply to all employers with paid employees, except for those who employ only unpaid volunteers or interns. Large employers will have to meet significant requirements, but smaller organizations will also have a number of obligations to meet.

The general requirements for all Ontario employers will include:

  • the creation of accessible employment policies and the provision of training to employees regarding those policies;
  • recruitment, assessment, selection and hiring (including a procedure to consult with and appropriately accommodate disabled applicants, documentation of essential job duties for each job description, and making employment-related information accessible; and
  • retention (including the provision of individualized accommodation plans for individuals where applicable, the provision of accessible information regarding advancement opportunities, and the development of return-to-work procedures.

Employers are therefore required to address disability-related issues during the recruitment and hiring stages of the employment relationship, and throughout the employment relationship.

Further, the Information and Communication Standard requires employers who employ disabled persons to make employment-related information and emergency procedures available to those employees using formats that are compliant with the Standard, and requires employers to provide training to any employees who are responsible for designing, providing or receiving information on how to provide information to persons with disabilities in an accessible format. The Transportation Standard sets out additional accessibility requirements for businesses that provide passenger transportation services, and aims to make these services fully accessible to persons with disabilities.

Employers should ensure that managers, supervisors and those responsible for recruitment are aware of, and trained on, the legal obligations set out in the AODA.

Employers are also reminded that meeting the Employment Standard under the AODA does not necessarily mean that an organization has met its obligations under the Human Rights Code or the Workplace Safety and Insurance Act (WSIA). Organizations are still required to accommodate to the point of undue hardship, and to meet return to work obligations under the WSIA.

Bird Richard will continue to keep readers apprised of developments in this area.