Posted by Shane Holten on Thu, May 16, 2013 @ 05:49 PM
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.
Posted by Shane Holten on Sun, Apr 21, 2013 @ 07:09 PM
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
Posted by Shane Holten on Sun, Mar 31, 2013 @ 01:12 PM
OTTAWA - March 28, 2013 - The Canadian Transportation Agency today released a new Accessibility Code of Practice and resource tool to improve the accessibility of non-National Airports System (non-NAS) air terminals for persons with disabilities.
The National Airports System (NAS) is comprised of 26 national airports linking Canada from coast to coast. The Agency has a Code of Practice which applies to NAS terminals. However, as there are no current standards to address physical accessibility, communications or services to persons with disabilities for non-NAS terminals, the Agency developed a new code of practice and a resource tool which will apply to over 90 non-NAS terminals that handle more than 10,000 passengers a year.
Compliance assessments have demonstrated that voluntary codes of practice are effective in removing undue obstacles to the mobility of persons with disabilities from the federal transportation system. Voluntary codes are developed in consultation with the Agency's Accessibility Advisory Committee, which has representation from transportation service providers and disability associations, as well as other stakeholders.
In addition to providing the technical specifications for the physical aspects of terminals, the Code covers issues such as disability-related services, personnel training and communication. The Code sets out standards for the industry to follow which are intended to solve systemic problems faced by persons with disabilities.
The Non-NAS Terminals Code is applicable to public facilities located inside or outside the main terminal facility and services operated and maintained by terminal operators which contribute to the successful execution of a trip. This includes parking, passenger drop-off and pick-up areas and baggage claim areas. This also includes work which may be contracted out by terminal operators such as parking services or ground transportation.
“The Code will contribute to making the transportation network more accessible and responsive to the needs of persons with disabilities,” said Geoff Hare, Chair and CEO of the Canadian Transportation Agency. “It presents minimum standards that air passenger terminal operators are expected to meet and are encouraged to exceed wherever possible.”
The Agency will monitor the progress on the implementation of this Code using a variety of means. For example, the Agency may do site visits, have discussions with terminal operators, review websites, or use other methods deemed appropriate to obtain information on compliance by industry.
The Agency has also developed other series of Codes of Practice for transportation service providers. Other resources currently available to provide guidance for those travelling with a disability include Carriage of Mobility Aids On Board Planes, Trains and Ferries and Take Charge of Your Travel: A Guide for Persons with Disabilities.
Posted by Shane Holten on Mon, Mar 18, 2013 @ 09:23 AM
Ontario Human Rights Commission
Submission Regarding
Ministry of Municipal Affairs and Housing
Proposed changes to the barrier-free requirements of the Ontario Building Code Regulation
March 1, 2013
Overview
The Ontario Government is proposing amendments to the barrier-free requirements of the Ontario Building Code regulation involving renovations, paths of travel, vertical access, visitable suites in multi-unit residential buildings, adaptable design and construction, visual fire alarms, washrooms, as well as use of educational materials and resources and other changes. Typically changes to the Building Code do not take effect for 12 to 18 months to allow the building and design industry to plan for and adjust to new requirements.
This initiative is part of the goal of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises by January 1, 2025.
The Government-appointed Accessible Built Environment Standards Development Committee submitted a final proposed standard in 2010 covering buildings and outdoor spaces. The Ontario Human Rights Commission (OHRC) made a submission on the Committee’s initial proposed standards.[1] The OHRC’s recommendations in this submission on the Building Code are consistent with its past submissions.[2]
The Government’s approach is to continue to regulate barrier-free building requirements through the Building Code, which allows them to be enforced locally through the building permit process. Building Code requirements apply based on class of building; unlike AODA regulations which apply based on class of obligated organization.
The proposed changes relate to the construction, extensive renovation, and change-in-use of buildings.[3] There are no proposals to incorporate non-building design elements (e.g., millwork, finish materials, fixtures and non-building equipment, colours and furniture) nor the maintenance and operations of buildings into the Building Code. Barrier-free “retrofits” of existing buildings (where no renovations are planned) would not be required either.
The OHRC recognizes that accessibility requirements have been enhanced with each new edition of the Building Code regulation and welcomes the latest proposal for new barrier-free design requirements.
The OHRC supports continuing the “objective-based” approach first introduced in the 2006 Building Code. This approach sets out the rationale underlying the technical provisions, including barrier-free accessibility, and encourages innovation and flexibility in meeting requirements. This permits the possibility of adapting the accessibility requirements to unique circumstances in order to achieve the same objective with alternative solutions. This may be particularly helpful where a requirement might otherwise be unfeasible in the circumstances.
The OHRC has a number of concerns about the proposed changes as well as additional recommendations for barrier-free requirements in the Building Code regulation:
As the OHRC has recommended in previous submissions, the Building Code regulation should set out basic human rights principles to help guide overall interpretation of the accessibility provisions including:
- Create no new barriers
- Design inclusively
- Identify and remove existing barriers
- Favour integration (inclusive design) over segregation
- Provide interim or next best measures where full accommodation is not feasible
- Consider and accommodate individual needs short of undue hardship by exploring solutions through a cooperative process that maximizes confidentiality and respect
For more information and the full article, please visit the OHRC website at:
http://bit.ly/WyNSFg
Posted by Shane Holten on Tue, Feb 05, 2013 @ 05:10 PM
Architizer News
February 5, 2013
President Obama Appoints Michael Graves To US Access Board
Anna Wintour may not have a future as a
US ambassador, but the cause of aesthetics and good design is by no means lost on the government. In January President Obama
appointed Michael Graves to the Architectural and Transportation Barriers Compliance Board, which governs the independent federal agency covering accessible design under the Americans with Disabilities Act, among other laws. Announcing Graves’s new post among a round of appointments, President Obama said, “These fine public servants both bring a depth of experience and tremendous dedication to their new roles. Our nation will be well-served by these individuals, and I look forward to working with them in the months and years to come.”
Read more.The Patriot Home at Fort Belvoir in Virginia, one of the two houses designed by Michael Graves and IDEO’s David Haygood for the Wounded Warrior Home Project. Photo courtesy of the Wounded Warrior Home Project
Posted by Shane Holten on Sun, Jan 27, 2013 @ 04:17 PM
First Reference Talks
Happy 2014! Well, it will be if you start preparing your multi-year accessibility plan under the AODA now
January 24, 2013
By: Adam Gorley
It’s January once again—another new year—2013! So, that means it’s time to think about January 2014! Businesses know as well as people how quickly a new year can arrive—along with the new obligations that go along with it. In this case, I’m talking about the Accessibility for Ontarians with Disabilities Act and multi-year accessibility plans to meet the requirements of the Integrated Accessibility Standards Regulation. Large organizations—those with 50 or more employees—must comply by 2014.
The regulation says large organizations with 50 or more employees must:
- Establish, implement, maintain and document a multi-year accessibility plan, which outlines the organization’s strategy to prevent and remove barriers and meet its requirements under this regulation;
- Post the accessibility plan on their website, if any, and provide the plan in an accessible format upon request; and
- Review and update the accessibility plan at least once every five years.
Remember, the integrated regulation includes standards on information and communications, employment, transportation and the design of public spaces.
Although an organization with fewer than 50 employees does not have to prepare a multi-year accessibility plan, it is a good practice to develop a multi-year plan so your organization has a clear strategy on how it intends to implement the requirements of the Integrated Regulation.
The regulation does not specify what the accessibility plan should contain, but there are guidelines for similar plans that employers can look to. Besides, other public sector organizations have already had to comply with this requirement, and we can use their work as examples. For instance, the Government of Ontario accessibility plan is available here.
Once an organization understands the requirements, it is essential that they begin with an assessment of their current operating environment. The organization should review its practices and premises as broadly as possible in order to understand how best to alter or improve accessibility. The assessment will allow an organization to see how it currently treats persons with disabilities, where it fails and succeeds, and how it can do better. The assessment will also let the organization know how its existing operations compare with the standards, what areas need work and the amount of work that needs doing.
Posted by Shane Holten on Thu, Jan 24, 2013 @ 04:20 PM
January 24, 2013
By: The Canadian Mental Health Association
The Canadian Mental Health Association, Ontario Division (CMHA Ontario), in partnership with YMCA Ontario, and Parks and Recreation Ontario (PRO), has launched the Enabling Minds project. Recognizing the importance of recreation in promoting optimal physical and mental health, Enabling Minds aims to reduce barriers that prevent people with mental health-related disabilities from accessing physical activity programs and resources at community centres, fitness clubs, parks and other recreational or fitness facilities.
The project will develop tools and training resources to support organizations in the recreation and physical activity sector to meet the requirements of the customer service and information and communication standards under the Accessibility for Ontarians with Disabilities Act (AODA). The resources developed through the project will be available by spring 2014.
The Enabling Minds project is now recruiting volunteers to sit on an Advisory Committee to provide expert feedback and advice on the process and deliverables of the project. Membership will comprise individuals with knowledge and understanding of the recreation/physical fitness environment, and/or professional expertise in the mental health sector, and/or lived experience of mental health issues. The role of the Advisory Committee is to ensure that the resources and training curriculum are tailored to the needs of service providers and will enhance accessibility for people with mental health-related disabilities.
The Enabling Minds project is funded by the Accessibility Directorate of Ontario's EnAbling Change Program.
For project information, or to express your interest in joining the Advisory Committee, please visit the Enabling Minds project website.
Posted by Shane Holten on Thu, Jan 24, 2013 @ 04:09 PM
News Release
McGuinty Government Improving Independence for People of all Abilities
January 21, 2013 1:00 pm
Ministry of Community and Social Services
Ontario has appointed a new council to help remove barriers for people with disabilities.
In response to recommendations by Charles Beer's review of Ontario's accessibility law, the government is establishing the Accessibility Standards Advisory Council. This new council will be chaired by Jim Sanders, former president and CEO of CNIB. The immediate mandate of the new council will be to:
- Review Ontario's five existing accessibility standards.
- Develop new accessibility standards based on the advice and feedback we have received to date from stakeholders.
Since the introduction of the Accessibility for Ontarians with Disabilities Act in 2005, Ontario has implemented standards that cover customer service, information and communications, employment, transportation and the design of public spaces. The most recent set of standards, the design of public spaces, became law on Jan. 1, 2013. As part of a phased-in approach, this newest standard will take effect in 2015 for the government, with full implementation by 2018.
Making Ontario more accessible is an important part of the McGuinty government's plan to create opportunities for Ontarians and improve independence for people of all abilities.
For more information, visit the Ministry's website at: http://news.ontario.ca/mcss/en/2013/01/new-council-to-help-make-ontario-even-more-accessible.html
Posted by Shane Holten on Fri, Jan 11, 2013 @ 05:08 PM
by Yosie Saint-Cyr
The Accessibility Standards for the Built-Environment under the Accessibility for Ontarians with Disabilities Act (AODA) were originally to be enacted in one single regulation under the Act similar to the Accessibility Standards for Customer Service.
However, as we all know, this did not happen as intended.
On December 17, 2012, the Ontario government filed regulation O. Reg. 413/12 to introduce the new Built Environment Standard pertaining to the design of public spaces into the Integrated Accessibility Standards Regulation (O. Reg. 191/11). This new standard covers a variety of public spaces such as exterior sidewalks and walkways, entrances to buildings, outdoor public eating areas and play spaces, accessible parking, waiting areas and service counters, effective January 1, 2013. The built environment standard for public spaces only applies to new construction and planned redevelopments. We previously wrote a Slaw post on the subject here.
In addition, on December 17, 2012, the government filed O. Reg. 419/12, which amends Regulation 581, the Accessible Parking for Persons with Disabilities made under the Highway Traffic Act. This new regulation adds the requirements of the Integrated Accessibility Standards to the specifications for parking spaces designated on Crown land or under municipal bylaw for use of persons with disabilities. This regulation also came into force on January 1, 2013.
So what about buildings (new and old) and inside spaces?
For more information and the complete article, visit the following website or contact SPH: Public Consultation on Building Code Accessibility Requirements
Posted by Shane Holten on Wed, Jan 02, 2013 @ 09:41 AM
For an update on the AODA Integrated Accessibility Standards, ONTARIO REGULATION 413/12 made under the ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005, refer to the following link:
http://www.e-laws.gov.on.ca/html/source/regs/english/2012/elaws_src_regs_r12413_e.htm