Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32

• Jurisdiction: Ontario

Ontarians with Disabilities Act, 2001

S.O. 2001, Chapter 32

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Note: On a day to be named by proclamation of the Lieutenant Governor, the preamble, sections 1, 2, 4, 8, 9, 14, 15, 17, 23 and the Schedule of this Act are repealed by the Statutes of Ontario, 2005, chapter 11, section 42. See: 2005, c. 11, s. 42.

Last amendment: 2023, c. 11, Sched. 2, s. 34.

CONTENTS

Preamble

The people of Ontario support the right of persons of all ages with disabilities to enjoy equal opportunity and to participate fully in the life of the province.

Ontarians with disabilities experience barriers to participating in the mainstream of Ontario society. The number of persons with disabilities is expected to increase as the population ages, since the incidence of disability increases with age.

The Government of Ontario is committed to working with every sector of society to build on what it has already achieved together with those sectors and to move towards a province in which no new barriers are created and existing ones are removed. This responsibility rests with every social and economic sector, every region, every government, every organization, institution and association, and every person in Ontario.

The right of persons with disabilities to equal treatment without discrimination in accordance with the Human Rights Code is addressed in a number of Ontario statutes and regulations. Some of these are set out below.

The Assessment Act provides for exemptions from property taxation where improvements, alterations or additions to existing homes or designated portions of new homes are made or built to accommodate persons with disabilities who would otherwise require care in an institution.

The Blind Persons’ Rights Act prohibits discrimination in services, accommodation, facilities or occupancy against blind persons using guide dogs and prohibits persons who are not blind from using white canes.

The Building Code Act, 1992 and the regulations made under it establish standards for the construction, renovation and change of use of buildings and structures, including standards related to the accessibility of buildings and structures for persons with disabilities.

As an incentive to encourage employers to hire persons with disabilities, the Corporations Tax Act allows employers an additional deduction for the costs of modifying buildings, structures and premises, acquiring certain equipment and providing special training in order to accommodate persons with disabilities in the workplace. The Income Tax Act provides a similar credit to unincorporated employers.

The Education Act includes provisions to address the needs of students with disabilities who have been identified as “exceptional pupils”. School boards must provide special education programs and services to these students.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of the Preamble to the Act is amended. (See: 2023, c. 11, Sched. 2, s. 34)

The Ontario Disability Support Program Act, 1997 provides a separate income and employment support program for eligible persons with disabilities. It removes persons with disabilities from the welfare system and provides them with assistance that recognizes their unique needs.

The Workplace Safety and Insurance Act, 1997 provides loss of earnings, health care and labour market re-entry benefits for persons with work-related injuries and disabilities.

The Canadian Charter of Rights and Freedoms also provides that persons with disabilities are equal before and under the law and have the right to the equal protection and equal benefit of the law.

The Government of Ontario believes that all governments in Canada have a responsibility to enact legislation to improve opportunities for persons with disabilities by comprehensively identifying, removing and preventing barriers to their participation in the life of the jurisdictions of those governments.

The Government of Ontario believes that it is desirable to demonstrate continued leadership in improving opportunities for persons with disabilities.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Purpose

1 The purpose of this Act is to improve opportunities for persons with disabilities and to provide for their involvement in the identification, removal and prevention of barriers to their full participation in the life of the province. 2001, c. 32, s. 1.

Definitions

2 (1) In this Act,

“agency” means an organization or a class of organizations named or described in the regulations as an agency or agencies for the purposes of this Act; (“organisme”)

“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”)

“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”)

“Government of Ontario” includes a ministry of the Government of Ontario and the organizations that the regulations specify are part of the Government of Ontario; (“gouvernement de l’Ontario”)

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

“ministry” means a ministry of the Government of Ontario and includes any other organization that the regulations designate as a ministry for the purposes of this Act, but does not include an organization that the regulations designate as not being a ministry for the purposes of this Act; (“ministère”)

“Ontario Government publication” means a publication or an appendix to a publication in any form, including print and electronic forms, that the Government of Ontario, an officer of the Assembly or an officer of the Legislature issues and provides to the public, but does not include a publication or an appendix to a publication that is specified in the regulations or that,

(a) is of a scientific, technical, reference, research or scholarly nature, and

(b) although not restricted in circulation to the confines of the Government of Ontario, is not normally available for general circulation to members of the public or is normally consulted by members of the public with the assistance of government employees; (“publication du gouvernement de l’Ontario”)

“public transportation organization” means a person or entity that provides any service for which a fare is charged for transporting the public by vehicles operated,

(a) by, for or on behalf of the Government of Ontario, a municipality, a local board of a municipality or a transit or transportation commission or authority,

(b) under an agreement between the Government of Ontario and a person, firm, corporation, or transit or transportation commission or authority,

(c) under an agreement between a municipality and a person, firm, corporation, or transit or transportation commission or authority, or

(d) under a licence issued by the Government of Ontario or a municipality to a person, firm, corporation, or transit or transportation commission or authority,

and includes special transportation facilities for persons with disabilities, but does not include any person or entity, or class of person or entity, that is specified in the regulations; (“organisation de transport en commun”)

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

“Scheduled organization” means an organization or a class of organizations named or described in the Schedule. (“organisation mentionnée...