Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (Consolidation Period: From April 19, 2016 )

JurisdictionOntario
Coming into Force19 April 2016
Statuscurrent

Accessibility for Ontarians with Disabilities Act, 2005

S.o. 2005, chapter 11

Consolidation Period: From April 19, 2016 to the e-Laws currency date.

Last amendment: 2016, c. 5, Sched. 1.

Part I
interpretation

Purpose

1. Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by,

(a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025; and

(b) providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards. 2005, c. 11, s. 1.

Definitions

2. In this Act,

“accessibility standard” means an accessibility standard made by regulation under section 6; (“norme d’accessibilité”)

“barrier” means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; (“obstacle”)

“director” means a director appointed under section 30; (“directeur”)

“disability” means,

(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,

(b) a condition of mental impairment or a developmental disability,

(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,

(d) a mental disorder, or

(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”)

“Minister” means the Minister of Citizenship and Immigration or whatever other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“organization” means any organization in the public or private sector and includes,

(a) the Government of Ontario and any board, commission, authority or other agency of the Government of Ontario,

(b) any agency, board, commission, authority, corporation or other entity established under an Act,

(c) a municipality, an association, a partnership and a trade union, or

(d) any other prescribed type of entity; (“organisation”)

“prescribed” means prescribed by regulation; (“prescrit”)

“regulations” means the regulations made under this Act, unless the context indicates or requires otherwise; (“règlements”)

“Tribunal” means, with respect to an appeal of an order made by a director under this Act, the tribunal designated by the Lieutenant Governor in Council under section 26 for the purposes of hearing that appeal. (“Tribunal”) 2005, c. 11, s. 2; 2009, c. 33, Sched. 8, s. 1.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 8, s. 1 - 15/12/2009

Recognition of existing legal obligations

3. Nothing in this Act or in the regulations diminishes in any way the legal obligations of the Government of Ontario or of any person or organization with respect to persons with disabilities that are imposed under any other Act or otherwise imposed by law. 2005, c. 11, s. 3.

part ii
application

Application

4. This Act applies to every person or organization in the public and private sectors of the Province of Ontario, including the Legislative Assembly of Ontario. 2005, c. 11, s. 4.

Crown bound

5. This Act binds the Crown. 2005, c. 11, s. 5.

part iii
accessibility standards

Establishment of Standards

Accessibility standards established by regulation

6. (1) The Lieutenant Governor in Council may make regulations establishing accessibility standards. 2005, c. 11, s. 6 (1).

Application of standards

(2) An accessibility standard shall name or describe the persons or organizations to which it applies. 2005, c. 11, s. 6 (2).

Same

(3) An accessibility standard may apply only to a person or organization that,

(a) provides goods, services or facilities;

(b) employs persons in Ontario;

(c) offers accommodation;

(d) owns or occupies a building, structure or premises; or

(e) is engaged in a prescribed business, activity or undertaking or meets such other requirements as may be prescribed. 2005, c. 11, s. 6 (3).

Same, Legislative Assembly

(4) An accessibility standard that applies to the Legislative Assembly may impose obligations on the Speaker of the Assembly and may apply with respect to all or part of the Legislative Building or of such other offices that fall within the jurisdiction of the Legislative Assembly and are identified in the accessibility standard. 2005, c. 11, s. 6 (4).

Several applicable standards

(5) A person or organization may be subject to more than one accessibility standard. 2005, c. 11, s. 6 (5).

Content of standards

(6) An accessibility standard shall,

(a) set out measures, policies, practices or other requirements for the identification and removal of barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises or such other things as may be prescribed, and for the prevention of the erection of such barriers; and

(b) require the persons or organizations named or described in the standard to implement those measures, policies, practices or other requirements within the time periods specified in the standard. 2005, c. 11, s. 6 (6).

Classes

(7) An accessibility standard may create different classes of persons or organizations or of buildings, structures or premises and, without limiting the generality of this power, may create classes with respect to any attribute, quality or characteristic or any combination of those items, including,

(a) the number of persons employed by persons or organizations or their annual revenue;

(b) the type of industry in which persons or organizations are engaged or the sector of the economy of which persons or organizations are a part;

(c) the size of buildings, structures or premises. 2005, c. 11, s. 6 (7).

Same

(8) An accessibility standard may define a class to consist of one person or organization or to include or exclude a person or organization having the same or different attributes, qualities or characteristics. 2005, c. 11, s. 6 (8).

Scope

(9) An accessibility standard may be general or specific in its application and may be limited as to time and place. 2005, c. 11, s. 6 (9).

Standards Development Process

Process for development of standards

7. The Minister is responsible for establishing and overseeing a process to develop and implement all accessibility standards necessary to achieving the purposes of this Act. 2005, c. 11, s. 7.

Standards development committees

8. (1) As part of the process referred to in section 7, the Minister shall establish standards development committees to develop proposed accessibility standards which shall be considered for adoption by regulation under section 6. 2005, c. 11, s. 8 (1).

Responsibility for specified industries, etc.

(2) Each standards development committee is responsible for,

(a) developing proposed accessibility standards for such industries, sectors of the economy or classes of persons or organizations as the Minister may specify; and

(b) further defining the persons or organizations that are part of the industry, sector of the economy or class specified by the Minister under clause (a). 2005, c. 11, s. 8 (2).

Consultation with ministries

(3) Before establishing a standards development committee for a particular industry, sector of the economy or class of persons or organizations, the Minister shall consult with other ministers having responsibilities relating to that industry, sector or class of persons or organizations. 2005, c. 11, s. 8 (3).

Composition of standards development committee

(4) The Minister shall invite the following persons or entities to participate as members of a standards development committee:

1. Persons with disabilities or their representatives.

2. Representatives of the industries, sectors of the economy or classes of persons or organizations to which the accessibility standard is intended to apply.

3. Representatives of ministries that have responsibilities relating to the industries, sectors of the economy or classes of persons or organizations to which the accessibility standard is intended to apply.

4. Such other persons or organizations as the Minister may consider advisable. 2005, c. 11, s. 8 (4).

Participation of Council members

(5) The Minister may invite members of the Accessibility Standards Advisory Council to participate as members of a standards development committee. 2005, c. 11, s. 8 (5).

Terms of reference

(6) The Minister shall fix terms of reference for each standards development committee and shall establish in the terms of reference the deadlines that each committee must meet throughout the various stages of the standards development process. 2005, c. 11, s. 8 (6).

Committee members’ allowance

(7) The terms of reference may,

(a) provide for the Minister to pay members of a standards development committee an allowance for attendance at committee meetings and a reimbursement for expenses incurred by members in an amount that the Minister...

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