Canada: Upcoming Deadlines For Ontario Employers Under Accessibility For Ontarians With Disabilities Act, 2005

Accessibility Compliance Reports

Before December 31, 2023, businesses and non-profit organizations with 20 or more employees in Ontario, as well as designated public-sector organizations, are required to file an accessibility compliance report with the Ontario government. This is a continual and ongoing requirement under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The frequency and scope of the reports differs based on the category and size of an organization as follows:

Accessibility compliance reports are self-assessment documents under which an organization must confirm its compliance with the current accessibility standards imposed under the AODA. The report requires organizations to answer a series of yes or no questions based on the organization's category and number of employees, such as:

• Has your organization created written policies on how to achieve accessibility?
• Has your organization established and implemented a multi-year accessibility plan?
• Does your organization provide appropriate accessibility training to employees?
• Does your organization have a process for receiving and responding to feedback about accessibility?

Organizations can access the accessibility compliance form here. Failure to submit a report, or submitting a report with false or misleading information, can result in fines and penalties by the Ontario Ministry of Labour.

Other AODA Requirements

Organizations should also take the opportunity before the December 31, 2023 deadline to review their compliance with the applicable accessibility standards. For example:

• All organizations, including those with less than 20 employees, are required to provide their employees with training on the AODA, its accessibility standards and the Ontario Human Rights Code as it pertains to persons with disabilities.
• All organizations, including those with less than 20 employees, are required to have an accessibility policy. Organizations with 50 or more employees must document this policy in writing and make it available to the public and the organization's employees.
• Organizations with 50 or more employees must create and document a written multi-year accessibility plan, as well as ensure compliance with certain global accessibility requirements for new or refreshed websites.

Summary

Organizations must ensure they submit their accessibility compliance reports by the December 31, 2023 deadline. In the meantime, employers are encouraged to contact legal counsel to assess their compliance with the legislation.

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