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AODA Compliance Reporting for Small Business

  
  
  

AODA and Small business: Severe penalties for lack of accessibility for the disabled

AODA stands for the Accessibility for Ontarians with Disabilities Act. Many business owners are unaware of the law that requires the filing of a compliance report. They are also unaware of the onerous penalty for non-compliance.
By: Rona Birenbaum Special to The Star, Published on Wed May 15 2013

The AODA’s deadline for providers of goods and services with 20 or more employees to file a Customer Service Accessibility Compliance Report was December 31, 2012.

AODA stands for the Accessibility for Ontarians with Disabilities Act. Many business owners are unaware of the law that requires the filing of a compliance report. They are also unaware of the onerous penalty for non-compliance.

Employment lawyer Doug MacLeod tells the story of a client of his that received a non-compliance letter from the Ontario government. Her organization was given 15 business days to comply with AODA. Thereafter, the organization would be subject to a fine of $50,000 for each day the organization did not comply with AODA.

“The government has provided fairly user friendly tools to assist employers fulfill their obligations under the act” MacLeod says. There is a detailed package that provides directions on compliance reporting. MacLeod suggests not waiting until you receive a letter from the government to develop an accessibility policy and file the compliance report. “It appears that employers are being given very short deadlines for compliance. It is prudent to file the report now, even though the deadline has passed.”

Businesses with fewer than 20 employees don’t need to file the compliance report, but they are still have obligations under the Customer Standard of AODA. Such obligations include: establishing policies, practices and procedures on providing goods or services to people with disabilities; providing people with disabilities with notice of a temporary disruption in facilities or services; and providing training to certain persons about the provision of its goods or services to persons with disabilities.

The Ontario government provides a range of online resources to help business owners fulfill their obligations under the Act.

• For every provider of goods and services (except sole proprietors) there is a an accessible customer service policy template .

• For every provider of goods and services (except sole proprietors) there is a 45-minute online training course for employees.

• For every provider of goods and services with 20 or more employees there aredirections on compliance reporting.

These resources, along with advice from your employment lawyer, are all that you need to become compliant with the Accessibility for Ontarians with Disabilities Act.

Rona Birenbaum has worked in financial services for over 20 years within the Credit Union, full-service brokerage and independent Financial Planning industries. She is an Honours graduate of York University's Business School, a Certified Financial Planner (CFP), and fully licensed Insurance and Investment Advisor. 

Email: rona@caringforclients.com
Linked In: www.linkedin.com/in/ronabirenbaum
Twitter: @Caring4Clients
Website: www.caringforclients.com

 

If your business needs help achieving AODA compliance, contact Shane Holten, President of SPH Planning & Consulting Ltd. by email at sholten@sph-planning-consulting or by phone at 647-931-4021 extension 1.

Inclusive Communities: Accessibility Legislation in Manitoba

  
  
  

An inportant news release from our friends at Barrier Free Manitoba - great work everyone on moving this important legislation forward!

Shane Holten

BFM's Update on the Tabling Announcement

Apr 19, 2013

Following is the full text of the update that we sent out earlier today.


It is with tremendous pleasure that we are able to advise you that Minister Jennifer Howard plans to table the long awaited bill on accessibility rights for First Reading in the Manitoba Legislature at 1:30 pm on Wednesday, April 24.

The tabling of the bill kicks off a historic legislative process that will unfold over the next two months. If all goes well, this process will end by the end of June 2013 with the passage and proclamation of landmark legislation that requires the timely and comprehensive prevention and removal of barriers to equitable accessibility.

This will be a giant leap forward toward Manitoba becoming an international leader in promoting and protecting the human rights of persons with disabilities!

An Invitation to Attend the Tabling and a Pre-Tabling Reception

Minister Howard will be hosting a pre-tabling reception at her office (Room 357) at the legislature from noon to 1 pm to mark the start of this historic process. Those attending the reception will then have the opportunity to be witnesses to the tabling of the bill that will follow at 1:30 pm.

Please note that the actual tabling only takes a few minutes and no debate on the bill will follow in the Legislature. While it is a procedural step, it is the historic first step.

The Minister has graciously invited Barrier-Free Manitoba to extend an invitation to attend both the reception and the tabling to the many who have worked so hard to secure this legislation.

     Reception
         Noon to 1 pm
         April 24, 2013
         Room 357
         Legislative Building

     Tabling
         1:30 pm
         April 24, 2013
         Legislative Assembly

Due to space limitations, those who want to attend the reception and tabling are asked to RSVP to the Province's Disability Issues Office (contact Tracy MacMillan at: phone 204 945-7613 / email: Tracy.MacMillan@gov.mb.ca) by 12 noon on Monday, April 22.

The Steps That Follow

There will be three other important steps in the legislative process before the bill becomes law. We will be inviting you to attend each of these.

Second Reading: During this stage, the bill will be debated and either accepted or rejected. This a very important stage since adoption of a second reading motion means the Legislative Assembly approves the principle of the bill.

Standing Committee Hearing: Members of the public will be invited to present oral and written submissions concerning the proposed bill. The Committee then proceeds to a clause-by-clause consideration of the bill. At this time, amendments may be proposed and considered.

Report Stage / Third Reading: The bill and amendments will be debated for the final time followed by a final vote. At this stage, debates are usually brief since Third Reading most often occurs in the final days of the legislative session.
We will provide updates when these steps are scheduled.

The Final ‘Party’ Step

We will be hosting a major event to celebrate the passage and proclamation of strong and effective provincial accessibility-rights legislation. We’ve all worked so hard to get this legislation. This will be a very special occasion, likely to be held at the end of June or very early July.

We are ever so pleased to share news of this important breakthrough with you. We look forward to seeing you on Wednesday if you are able to attend the reception and tabling of the bill at the Legislative Building.

April 24th will be one of those "I was there!" moments in the advancement of disability and human rights in Manitoba.

Regards,

Patrick Falconer
Consultant to the Barrier-Free Manitoba Steering Committee

The Whole Person Opens Hyper-accessible Office

  
  
  

January 21, 2013

By Steve Paul

The Kansas City Star

The $5 million project is one of a few commercial structures built predominantly for people with disabilities and using guidelines of a concept called universal design.

From its wider-than-usual hallways to color-coded walls to extra-deep, voice-controlled elevators, the building was custom-rehabbed for The Whole Person, an agency that serves the “differently abled” — those in wheelchairs or who live with sensory or mobility impairments.

For the complete article, visit the Kansas City Star website at: http://www.kansascity.com/2013/01/21/4023748/agency-for-the-disableds-new-offices.html?goback=.gde_1291067_member_207509517

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A tiled-shower room provides a relief area for service animals.

Aut
Read more here: http://www.kansascity.com/2013/01/21/4023748/agency-for-the-disableds-new-offices.html?goback=%2Egde_1291067_member_207509517#storylinIn the slow, steady rebound of Main Street, a former midtown factory has taken a not-unusual path from empty shell to urban rebirth. But when staff of The Whole Person begin moving into their new headquarters later this week, it will become an immediate landmark in architecture and construction.


Read more here: http://www.kansascity.com/2013/01/21/4023748/agency-for-the-disableds-new-offices.html?goback=%2Egde_1291067_member_207509517#storylink=cpy

New AODA IASR Accessibility Requirements Effective January 1, 2013.

  
  
  

A Guide to the Integrated Accessibility Standards RegulationAre you responsible for preparing accessibility policies and plans, or purchasing goods and services at your organization? Did you know that as of January 1, 2013, organizations across Ontario must comply with several additional requirements of the Integrated Accessibility Standards Regulation (IASR) under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA)?

While all organizations were required to comply with the AODA Customer Service Standard as well as the emergency information requirements of the IASR by January 1, 2012, starting this year compliance deadlines for additional IASR obligations will vary depending on the type and size of business. These obligations also vary based on each section of the IASR. For example, organization types for the Employment and Information and Communication requirements of the IASR include:

  • Ontario Government and Legislative Assembly
  • Public organizations with 50+ employees
  • Public organizations with 1 – 49 employees
  • Private and non-profit organizations with 50+ employees
  • Private and non-profit organizations with 1 – 49 employees

The January 1, 2013 compliance deadline primarily affects public organizations with more than 50 employees. A few of the key new obligations for these organizations include:

  • Developing, implementing and maintaining policies about what your organization will do to meet the IASR requirements and become more accessible;
  • Creating multi-year accessibility plans in consultation with people with disabilities; and
  • Incorporating accessibility criteria into the goods, services, and facilities procurement process.

Municipalities and other public transportation service providers will also be required to comply with several new IASR obligations, including those related to fare parity, hours of service and service delays. New accessibility requirements will also apply to any new public transportation vehicles purchased after January 1, 2013, including requirements for grab bars, dedicated mobility-aid spaces, lifting devices or ramps, and steps, among others.

Additional compliance obligations will generally become applicable every January 1 for the next five years and will vary based on your type and size of business. Training on the requirements of the IASR and Ontario Human Rights Code is one of the key obligations, and starts this year for the Ontario Government, next year for public organizations with 50+ employees, and in 2014 for public organizations with fewer than 50 employees as well as private and non-profit organization with 50+ employees. Small businesses with fewer than 50 employees have until 2016 to comply with these training requirements.

The full list of compliance deadlines may seem daunting at first, however, the Government of Ontario has developed an easy to use AODA Compliance Wizard that will tell you in just a few steps exactly what aspects of the IASR your organization must comply with and when the deadline to comply with each obligation is. The AODA Compliance Wizard is available at: https://www.appacats.mcss.gov.on.ca/eadvisor/

For full details on all of the requirements of the IASR, including upcoming compliance obligations and timelines for all sectors, refer to the Guide to the Integrated Accessibility Standards Regulation.

Accessible Websites Coming to Ontario

  
  
  

As the new Customer Service, Information and Communication, and Employment Standards come into effect under the Accessibility for Ontarians with Disabilities Act (AODA), businesses will be obligated to accommodate employees and customers with disabilities wherever possible. With the advent of new technologies, it has become increasingly possible to provide this accommodation in many areas. For example, new web technologies and standards have made it possible for websites to become accessible to everyone, regardless of ability.

Indeed, accessible websites will become the norm for Ontario-based businesses in the coming years, as mandated by the Integrated Accessibility Standards Regulation under the AODA. Designated large public sector organizations (e.g., large municipalities, school boards, colleges and universities, hospitals, and public transport organizations), as well as private sector businesses with more than 50 employees will need to comply with the WCAG 2.0 Level A Guidelines and provide any new content on their websites in accessible formats by January 1, 2012. New websites created by these organizations and businesses will be required to meet the WCAG 2.0 guidelines in 2014, while more advanced website accessibility requirements (Level AA) will need to be implemented by 2021. Small busineses will not be affected by these website requirements.

Accessible websites generally allow for flexibility for all users. Typical features of accessible websites include providing a easy method for users to change the size of text, and allowing users to change the amount of colour contrast for easier reading. Accessible websites are also typically designed to accommodate screen readers for people with visual disabilities, such as providing alternate text for images and providing and easy way to skip past repetitive website headers and menus.

For more information on accessible websites, including guidelines and training on how to make your websites accessible, visit the Web Accessibility Initiative.

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