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About our presenter…
Dianne Winterrmute is a staff lawyer at ARCH Disability Law
Centre. She has represented individuals and disability
organizations at various tribunals and all levels of court,
including the Supreme Court of Canada, in cases involving
advancement of the rights of people with disabilities and
people living in poverty. Formerly the Executive Director of
East Toronto Community Legal Services, Dianne was called to
the bar in 1986.
Accessibility for Ontarians with
Disabilities Act
and
Customer Service Standard
ARCH Disability Law Centre
November 22, 2010
Accessibility for Ontarians with
Disabilities Act (AODA)
AODA became law in 2005
Purpose of AODA = achieve accessibility for Ontarians
with disabilities in goods, services, facilities,
accommodation, employment and buildings by Jan. 1,
2025
AODA allows government to develop accessibility
standards
Accessibility Standards
Accessibility standards set out steps to identify and
remove existing barriers to accessibility and to prevent
creation of new barriers
Accessibility standards require persons/organizations
to take those steps within specified period of time
Accessibility standards become regulations under
AODA
Accessibility Standards for Customer Service
(CSS) was first accessibility standard to become law
Who does the CSS Apply to?
Designated public sector organizations
Legal Aid Ontario
Ontario government ministries
Many boards, commissions, agencies: LTB, SBT, HRTO, OHRC etc.
School boards, hospitals, public transportation in Ontario
Every other person or organization in Ontario that
provides goods or services to the public or third parties
and has at least 1 employee
Stores, restaurants, hotels, bars
Police, ambulance, fire department
Professionals: doctors, accountants, lawyers, etc.
Legal aid clinics
CSS Requirements: Policies
Establish policies, practices, procedures on providing
goods and services to people with disabilities
Policies, practices, procedures should ensure that
goods and services are provided in a manner that is
consistent with principles of dignity, independence,
integration of services, equality of opportunity
Policy, practices, procedures must address the use of
assistive devices (symbol board, magnifier, computer,
walker etc)
CSS Requirements: Policies
Communicate with people with disabilities in a way
that takes into account their disability
Organizations with at least 20 employees must
prepare policy documents and make these available to
public on request
CSS Requirements: Policies
EXAMPLES
Example: A coffee shop might have a policy which states that wait
staff should read the bill to a customer who is blind or has low-vision. A
florist shop might have small notepad and pen available by the cash
register for customers who are Deaf to write notes.
Example: Some people with low vision use magnification devices
called monoculars to see large screens or other things at a distance. At a
movie theatre that prohibits recording devices, a staff person might assume
the monocular is a recording device and restrict a person from using one. A
policy could address this.
CSS Requirements: Policies
EXAMPLES
Example: A client with an intellectual disability or a disability that affects
her memory has a difficult time remembering details such as dates, times
and tasks that need to be completed. The clinic may need to set up a
system to remind that client of her appointment and the case worker may
need to provide the client with a written “to do” list that is given to or
emailed to the client at the end of each appointment.
Example: A hospital provides sign language interpreters to Deaf patients
who use American Sign Language (ASL) or langue des signes québécoise
(LSQ). When a Deaf patient is admitted who does not understand ASL or
LSQ, the hospital learns from her that she is comfortable communicating
back and forth in writing or by typing. The hospital is therefore taking into
account the patient’s disability and preferred method of communicating.
CSS Requirements: Service Animals,
Support Persons
Allow service animals to enter the premises and
accompany person with a disability
Allow support persons to enter the premises and assist
person with a disability
If person with a disability is required to pay entrance fee,
organization must provide advance notice of amount
payable for the support person
CSS Requirements: Service Animals,
Support Persons
 Organizations with at least 20 employees must prepare
documents describing policies, practices and procedures
regarding service animals and support persons and make
these available to public on request
What is a “Service Animal”? If it is readily apparent that
the person with a disability uses the animal for reasons
related to the disability then the animal is a “service
animal” or if the person presents a note from a doctor or
nurse which states that the person needs an animal for
reasons related to the disability
CSS Requirements: Service
Animals, Support Persons
EXAMPLES
Example: A person with a disability comes to your clinic for an
appointment along with her support person. Before discussing confidential
information in front of the support person, seek the consent of the person with
a disability.
Example: A client who uses a Bliss or symbol board comes to your
clinic with a support person who vocalizes the words and symbols as the
client indicates them on the board. Make sure you are looking at and
addressing your client and not the support person.
CSS Requirements: Service
Animals, Support Persons
EXAMPLES
Example: A client comes to your office with a support person who
explains what you are saying to the client so that the client can understand
the information and what decisions he has to make. Through this support the
client is insured that his capacity to make decisions for himself is protected.
The caseworker must insure she is taking instructions from the client and not
the support person. This may require patience and time.
CSS Requirements: Notice of
Service Disruption
Organization must give notice when facilities or services
that people with disabilities rely on to access goods,
services are disrupted
Notice of disruption must include reason, anticipated
duration, description of alternative facilities, services
Organizations with at least 20 employees must prepare
documents to describe the process for providing notice of
the disruption and make these available to public on
request
CSS Requirements: Notice of
Service Disruption
EXAMPLES
Example: A shopping mall has scheduled maintenance on one of its
elevators, and it will be unavailable for two days. The mall posted the planned
disruption on its website a week in advance and posted a sign by the elevator
the day before the disruption. These notices explain the reason for the
disruption, its expected length and where an alternative elevator is available
in another area of the mall.
Example: You clinic is closing during Toronto Training Conference. You
should post a notice on your website, on your door and change your outgoing
phone message. The notice should indicate where other help can be
obtained. If you have current clients who may need to be notified other ways
to meet their disability needs, their needs must be considered.
CSS Requirements: Training
Organizations must train employees, agents, volunteers
and others who deal with the public or other third parties
on behalf of the organization
Training must include:
purpose of AODA and requirements of CSS
how to interact and communicate with people with various disabilities
how to interact with people who use service animals, assistive devices
or are accompanied by support person
what to do if a person with disability has trouble accessing services
Training must be provided on on-going basis
CSS Requirements: Feedback
Organizations must establish a process for receiving
and responding to feedback about the way it provides
goods, services to people with disabilities
Information about feedback process must be readily
available to public
Process must allow people to provide feedback in
person, by telephone, in writing, by email or on diskette
Process must specify actions the organization will take
if a complaint is received
When must Organizations Comply?
Designated public sector organizations must comply by
January 1, 2010
All other persons or organizations to whom the CSS
applies must comply by January 1, 2012
When must Legal Clinics Comply?
Legal clinics are not included in the designated public
sector organizations that must comply by Jan. 1, 2010
Legal clinics must comply by Jan. 1, 2012
ARCH has taken steps to comply with the Customer
Service Standard and encourages legal clinics to comply
as soon as possible
Compliance may help legal clinics to become more
accessible and better serve our clients with disabilities
AODA, CSS and Other Laws
Common misconception: organizations that only have to
comply with CSS in 2012 do not have any obligations to
persons with disabilities until then
In fact, AODA states that nothing in it or the accessibility
standards diminishes the legal obligations imposed by
other laws
Despite requirements of the CSS, organizations must
ensure they comply with all existing legal obligations,
including those imposed by Ont’s Human Rights Code
Compliance with CSS does not prevent person with
disability from filing a human rights application
How can CSS be used to advocate
for clinic clients?
No individual redress under AODA, CSS:
No individual complaint mechanism when persons, orgs fail to comply
No mechanisms to challenge Ministry decision that person, org has
complied
Individuals can request copies of policies, procedures,
training which some organizations are required to document
When organizations have filed accessibility reports,
individuals can request copies
Through AODA Contact Centre/ ServiceOntario phone line
individuals can report to Ministry when they believe
organizations have failed to comply
Next Steps for Clinics
Evaluate whether existing policies, practices and
procedures satisfy requirements of CSS
Develop new policies, practices and procedures as
required
Provide training to staff, volunteers and others as
needed and required
More Information and Resources
Information about AODA, CSS available on Ministry of
Community and Social Services website:
www.mcss.gov.on.ca/en/mcss/programs/accessibility/Co
mplyingStandards/index.aspx
Ministry’s website includes materials to assist
organizations to comply with CSS
Sign up for free breakfast information session or
webcast presented by MCSS. More information at:
http://www.mcss.gov.on.ca/en/mcss/programs/accessibilit
y/ComplyingStandards/csForm.aspx
More Information and Resources
ARCH can make our relevant policies available to assist
other clinics to develop their policies
Consider obtaining ILA to ensure compliance
Other Accessibility Standards
Other accessibility standards that are being developed:
transportation, employment, built environment,
information & communications
Accessibility standards on employment, built
environment and information & communications will likely
all have implications for clinics
None of these standards have come into enforce yet
Accessible Built Environment
Standard (Proposed)
Government has posted a final proposed Built Environment Standard.
Standard was developed by a Standards Development Committee and
received public consultation.
Standard has been submitted to the Minister of Community and Social
Services for consideration as law.
If the Standard becomes law in Ontario, businesses and organizations in
the province will have to use the Standard to identify, remove and prevent
barriers to accessibility in built environments.
Standard would apply to all new construction and extensive renovations
to the existing built environment.
Accessible Built Environment
Standard (Proposed)
Standard has 11 groups of building elements:
common access and circulation
interior accessible routes
exterior spaces
communication elements and facilities
plumbing elements and facilities
building performance and maintenance
special rooms, spaces and other elements
transient residential
recreation elements and facilities
transportation elements and multi-unit housing.
Accessible Built Environment
Standard (Proposed)
For each building element (e.g., doors and doorways),
there are technical requirements. The technical
requirements explain how to make an element accessible
for people with disabilities; for example, the minimum
width of a building doorway so that a wheelchair or
scooter can move through it.
Integrated Accessibility Standard
(Proposed)
Originally Standards Development Committees
developed separate accessibility standards for
Employment, Information and Communication, and
Transportation
Fall 2010: MCSS released proposed Integrated
Accessibility Standard that is to replace all 3
MCSS attempting to harmonize certain elements of the
standards such as which types of organizations must
comply, time lines, training, compliance, enforcement and
reporting
Integrated Accessibility Standard
(Proposed)
Integrated Standard was open for public consultation until October 16
Integrated Standard outlines some requirements for compliance under
each of the previously proposed standards:
Employment
Information and Communication
Transportation
Most requirements under the Integrated Standard now only apply to
government organizations and private and not-for-profit organizations that
have more than 50 employees (unlike Customer Service Standard that
exempts those with fewer than 20 employees from some requirements)
Integrated Accessibility Standard
(Proposed)
Accessible Formats and Communication Supports
Information that is not available on an accessible website must be provided
in accessible formats and communication supports must be provided, upon
request
In a manner that takes into account the person’s disability
At a cost that is no more than the regular cost charged to other
persons
Every obligated organization will be required to notify its employees and the
public about the availability of accessible formats and communication
supports
Integrated Accessibility Standard
(Proposed)
Accessible Formats and Communication Supports
Websites are to meet some specific industry and international accessibility
standards
All educational institutions required to:
provide their educational and training materials in alternate formats
when given advance notice
train educators on accessibility awareness and accessible course
design
ensure that they purchase conversion ready formats
have most library materials (not rare, archival etc.) available in
accessible formats
Integrated Accessibility Standard
(Proposed)
Accessible Employment Requirements
Requirements for employment prescribe how
organizations provide accessibility for people with
disabilities across all stages of employment, including:
Recruitment
Accommodation in job
Return to work plans
Performance management
Career Development
Integrated Accessibility Standard
(Proposed)
Transportation
If passed into law, most operators of transportation
services would be required to comply with the standard
with the exception of:
Voluntary or faith-based transportation
Federally regulated transportation
Emergency response vehicles
Amusement park rides
Integrated Accessibility Standard
(Proposed)
Transportation
Standard would cover the following types of
requirements in attempt to ensure that barriers in
accessing transportation services are identified and
removed:
Operator Responsibilities
Training
Availability of Accessibility Equipment and Features
Equal Fares and Fees
Treatment of Support Persons
Integrated Accessibility Standard
(Proposed)
Transportation (cont…)
Fare Parity for Conventional and Specialized Transportation
Accessible Boarding/De-boarding
Storage of Assistive Devices
Announcement and Destination Signage
Lighting
How will Government Enforce
Accessibility Standards?
Several ways in which government can enforce:
Self-monitoring and self-reporting
Persons, organizations covered by CSS must file accessibility
reports annually – first report due March 31, 2010
Organizations with fewer than 20 employees exempted
Self-reporting will likely be required under the Built Environment
and Integrated Accessibility Standards, but organizations under 50
employees will be exempt
Inspections
AODA requires appointment of inspectors
Not yet clear how many inspectors will be appointment and how
How will Government Enforce
Accessibility Standards?
Orders and penalties
Directors appointed under AODA can order people, organizations to
comply with a standard, file accessibility reports or pay administrative
penalties
Persons, organizations subject to an order can appeal to a designated
tribunal
Licence Appeal Tribunal has been designated to hear appeals
Government can use all these ways to ensure persons,
organizations comply with accessibility standards, but
emphasis appears to be on self-monitoring and selfreporting
Q+A
How does the AODA impact clinic services like summary advice, intake and
PLE?
By 2012, clinics must ensure that they have policies and practices for
providing services to people with disabilities in a way that takes into account
the person’s disability. For example:
Some clients may need an in-person appointment, even if the clinic usually
provides all summary advice by phone. Some clients may require a support
person or ASL translator during their summary advice appointment.
Clinics should be able to provide PLE materials in alternate formats.
Promotional materials for PLEs should specify who people can call to request
accommodations.
Q+A
What are clinics’ obligations to provide accommodations such as sign
language interpreters, attendant care services, communication devices like
computers for clients who are blind, or fire/ emergency alarms in flashing
lights? Are these new obligations under the accessibility standards?
Under the Customer Service Standard clinics will, in 2012, have obligations
to create policies and practices on providing services to people with
disabilities, including the use of assistive devices. Policies and practices
should address the provision of ASL, attendant services, assistive devices
like screen readers, and other accommodations that are necessary in order
to provide goods and services to people with disabilities.
These obligations are not new. Under Ontario’s Human Rights Code, clinics
must accommodate clients with disabilities up to the point of undue hardship.
Q+A
Are there resources that can help clinics to make their websites
accessible?
Volunteers or professionals who develop websites for clinics should either
have expertise in developing accessible websites or use consultants and
online tools to develop expertise
W3C Web Accessibility Initiative: http://www.w3.org/WAI/
Inclusive Design Research Centre: http://idrc.ocad.ca
Free internet tools that check websites for accessibility by screen readers
Thank-you!
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2010, Community Law School (SarniaLambton) Inc.