Accessibility for Ontarians with Disabilities Act(AODA) S.O. 2005, CHAPTER 11

Consolidation Period: From December 15, 2009 to the
e-Laws currency date (http://www.e-laws.gov.on.ca/navigation?file=currencyDates&lang=en).

Last amendment: 2009, c. 33, Sched. 8, s. 1

Table of Contents

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.

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) a ministry of 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.

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.

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PART II
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.

Crown bound

5. This Act binds the Crown.

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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.
Application of standards
(2) An accessibility standard shall name or describe the persons or organizations
to which it applies.
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.

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.

Several applicable standards

(5) A person or organization may be subject to more than one accessibility standard.

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.

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.
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.

Scope

(9) An accessibility standard may be general or specific in its application
and may be limited as to time and place.

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.

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.
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).
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.
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.

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.

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.

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 determines; and
(b) specify the circumstances in which the allowance or reimbursement may be
paid.
Terms of reference made public
(8) After fixing the terms of reference under subsection (6), the Minister shall
make the terms of reference available to the public by posting them on a government
internet site and by such other means as the Minister considers advisable.

Minutes of meetings

(9) A standards development committee shall keep minutes of every meeting it
holds and shall make the minutes available to the public by posting them on
a government internet site and by such other means as the terms of reference
may provide.

Development of proposed standards

9. (1) Each standards development committee shall develop proposed accessibility
standards in accordance with the process set out in this section and with the
terms of reference established by the Minister.
Determination of long-term objectives
(2) Promptly after its establishment, each standards development committee shall
determine the long-term accessibility objectives for the industry, sector of
the economy or class of persons or organizations in relation to which the committee
has responsibilities under subsection 8 (2), by identifying the measures, policies,
practices and requirements that it believes should be implemented by the members
of the industry, sector or class on or before January 1, 2025.
Progressive implementation
(3) Each standards development committee shall determine an appropriate time-frame
for the implementation of the measures, policies, practices and requirements
identified under subsection (2) taking into account,
(a) the range of disabilities that the measures, policies, practices and requirements
are intended to address;
(b) the nature of the barriers that the measures, policies, practices and requirements
are intended to identify, remove and prevent;
(c) any technical and economic considerations that may be associated with their
implementation; and
(d) any other consideration required under the committee’s terms of reference.

Time-frame

(4) The time-frame referred to in subsection (3) shall enable the measures,
policies, practices and requirements identified under subsection (2) to be implemented
in stages according to the following rules:
1. The standards development committee shall fix a target date for the implementation
of the measures, policies, practices and requirements that the committee identifies
for implementation at the first stage and the target date shall be no more than
five years after the day the committee was established.
2. The standards development committee shall fix successive target dates for
the implementation of the measures, policies, practices and requirements that
the committee identifies for implementation at each of the following stages
and each target date shall be no more than five years after the previous target
date.

Initial proposed standard

(5) Within the time period specified by the committee’s terms of reference,
each standards development committee shall prepare a proposed accessibility
standard and submit it to the Minister for the purposes of making the proposed
standard public and receiving comments in accordance with section 10.

Finalizing initial proposed standard

(6) After considering the comments received under section 10, a standards development
committee may make any changes it considers advisable to the proposed accessibility
standard and provide the Minister with the proposed accessibility standard within
the time period specified by the committee’s terms of reference.

Minister’s response

(7) No later than 90 days after receiving a proposed accessibility standard
under subsection (6), the Minister shall decide whether to recommend to the
Lieutenant Governor in Council that the proposed standard be adopted by regulation
under section 6 in whole, in part or with modifications.
Same
(8) On making a decision under subsection (7), the Minister shall inform, in
writing, the standards development committee that developed the proposed standard
in question of his or her decision.
Development of subsequent proposed standards
(9) Within five years after an accessibility standard is adopted by regulation
or at such earlier time as the Minister may specify, the standards development
committee responsible for the industry, sector of the economy or class of persons
or organizations to which the standard applies shall,
(a) re-examine the long-term accessibility objectives determined under subsection
(2);
(b) if required, revise the measures, policies, practices and requirements to
be implemented on or before January 1, 2025 and the time-frame for their implementation;
(c) develop another proposed accessibility standard containing such additions
or modifications to the existing accessibility standard as the standards development
committee deems advisable and submit it to the Minister for the purposes of
making the proposed standard public and receiving comments in accordance with
section 10; and
(d) make such changes it considers advisable to the proposed accessibility standard
developed under clause (c) based on the comments received under section 10 and
provide the Minister with the subsequent proposed accessibility standard.

Completion of process

(10) Subsection (9) applies with necessary modifications to the development
of successive proposed accessibility standards until such time as all the measures,
policies and practices and requirements identified under subsection (2) and
by subsequent reviews under clause (9) (b) are adopted by regulation.
Proposed standards made public
10. (1) Upon receiving a proposed accessibility standard from a standards development
committee under subsection 9 (5) or clause 9 (9) (c), the Minister shall make
it available to the public by posting it on a government internet site and by
such other means as the Minister considers advisable.

Comments

(2) Within 45 days after a proposed accessibility standard is made available
to the public in accordance with subsection (1) or within such other period
of time as may be specified by the Minister, any person may submit comments
with respect to a proposed accessibility standard to the appropriate standards
development committee.
Progress reports
11. (1) Each standards development committee shall provide the Minister with
periodic reports on the progress of the preparation of the proposed standard
as specified in the committee’s terms of reference or as may be required by
the Minister from time to time.
Progress reports made public
(2) Upon receiving a report under subsection (1), the Minister shall make it
available to the public by posting it on a government internet site and by such
other means as the Minister considers advisable.
Assistance for standards development committees
12. The Minister may retain, appoint or request experts to provide advice to
a standards development committee.

COMPLIANCE WITH STANDARDS AND REVIEW OF REPORTS

Compliance with accessibility standard

13. A person or organization to whom an accessibility standard applies shall
comply with the standard within the time period set out in the standard.

Accessibility report

14. (1) A person or organization to whom an accessibility standard applies shall
file an accessibility report with a director annually or at such other times
as the director may specify.
Report available to public
(2) A person or organization shall make an accessibility report filed under
subsection (1) available to the public.

Form

(3) An accessibility report shall be in the form approved by the Minister and
the Minister may require that the report or a part of the report be provided
electronically in a format approved by the Minister.

Content

(4) An accessibility report shall contain such information as may be prescribed.

Certification of accessibility report

15. (1) An accessibility report shall include a statement certifying that all
the information required to be provided in the report under this Act has been
provided and that the information is accurate and the statement shall be signed,
(a) if the person preparing the report is an individual, by the individual;
and
(b) in all other cases, by a director, a senior officer or other responsible
person with authority to bind the organization.

Electronic signature

(2) If an accessibility report is filed in an electronic format approved by
the Minister, the requirement that a person sign the report under subsection
(1) shall be met if he or she provides an electronic signature.

Definition

(3) In subsection (2),
“electronic signature” means a personal identification number (PIN),
password, biometric information or any other electronic information that a person
creates or adopts to be used in the place of his or her signature to authenticate
his or her identity and that is in, attached to or associated with an accessibility
report.

Review of director

16. A director may review an accessibility report filed under section 14 to
determine whether it complies with the regulations and whether the person or
organization who submitted the report has complied with all applicable accessibility
standards.

Other reports and information

17. At the request of a director, a person or organization shall provide the
director with reports or information relating to the compliance of the person
or organization with the accessibility standards.

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PART IV
INSPECTIONS

Inspectors

18. (1) The Deputy Minister shall appoint one or more inspectors for the purposes
of this Act and the regulations within a reasonable time after the first accessibility
standard is established under section 6.

Certificate of appointment

(2) The Deputy Minister shall issue to every inspector a certificate of appointment
bearing his or her signature or a facsimile of his or her signature.

Production of certificate

(3) An inspector carrying out an inspection under section 19 shall produce his
or her certificate of appointment upon request.

Inspections without warrant

19. (1) An inspector may carry out an inspection under this Act for the purpose
of determining whether this Act and the regulations are being complied with.

Entry

(2) In the course of carrying out an inspection, an inspector may, without warrant,
enter any lands or any building, structure or premises where the inspector has
reason to believe there may be documents or things relevant to the inspection.

Time of entry

(3) The power to enter and inspect a place without a warrant may be exercised
only during the place’s regular business hours or, if it does not have regular
business hours, during daylight hours.

Dwellings

(4) An inspector shall not enter into a place or part of a place that is a dwelling
without the consent of the occupant.

Powers

(5) Upon entering a place under subsection (2), an inspector may,
(a) require any person in the place to produce any document, record or thing
that is relevant to the inspection;
(b) upon giving a receipt for it, remove any document, record or thing that
is relevant to the inspection for the purposes of making copies or extracts;
(c) question any person present in the place on matters relevant to the inspection;
(d) use any data storage, processing or retrieval device or system used in carrying
on business in the place in order to produce a document or record in readable
form.

Written demand

(6) A demand that a document, record or thing be produced for inspection must
be in writing and must include a statement of the nature of the document, record
or thing required.

Assistance

(7) An inspector may be accompanied by any person who has special, expert or
professional knowledge and who may be of assistance in carrying out the inspection.

Use of force prohibited

(8) An inspector shall not use force to enter and inspect premises under this
section.

Obligation to produce and assist

(9) A person who is required to produce a document, record or thing under clause
(5) (a) shall produce it and shall, on request by the inspector, provide any
assistance that is reasonably necessary, including assistance in using any data
storage, processing or retrieval device or system, to produce a document or
record in readable form.

Return of removed things

(10) An inspector who removes any document, record or thing from a place under
clause (5) (b) shall,
(a) make it available to the person from whom it was removed, on request, at
a time and place convenient for both the person and the inspector; and
(b) return it to the person being inspected within a reasonable time.

Admissibility of copies

(11) A copy of a document or record certified by an inspector to be a true copy
of the original is admissible in evidence to the same extent as the original
and has the same evidentiary value.

Search warrant

20. (1) Upon application made without notice by an inspector appointed under
this Act, a justice of the peace may issue a warrant, if he or she is satisfied
on information under oath or affirmation that there is reasonable ground for
believing that,
(a) a person has contravened or is contravening this Act or the regulations;
and
(b) there are in any building, dwelling, receptacle or place any documents,
records or other things relating to a contravention of this Act or the regulations.

Powers

(2) A warrant obtained under subsection (1) may authorize an inspector named
in the warrant, upon producing his or her appointment,
(a) to enter any place specified in the warrant, including a dwelling; and
(b) to do any of the things specified in the warrant.

Conditions on search warrant

(3) A warrant obtained under subsection (1) shall contain such conditions as
the justice of the peace considers advisable to ensure that any search authorized
by the warrant is reasonable in the circumstances.

Expert help

(4) The warrant may authorize persons who have special, expert or professional
knowledge to accompany and assist the inspector in respect of the execution
of the warrant.

Time of execution

(5) An entry under a warrant issued under this section shall be made between
6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(6) A warrant issued under this section shall name a date of expiry, which shall
be no later than 30 days after the warrant is issued, but a justice of the peace
may extend the date of expiry for an additional period of no more than 30 days,
upon application without notice by the inspector named in the warrant.

Use of force

(7) The inspector named in the warrant may call upon police officers for assistance
in executing the warrant and the inspector may use whatever force is reasonably
necessary to execute the warrant.

Obstruction prohibited

(8) No person shall,
(a) obstruct an inspector carrying out an inspection under a warrant issued
under this section;
(b) refuse to answer questions on matters relevant to the inspection;
(c) provide the inspector with information on matters relevant to the inspection
that the person knows to be false or misleading; or
(d) withhold from the inspector any information that is relevant to the inspection.

Application

(9) Subsections 19 (9), (10) and (11) apply with necessary modifications to
an inspection carried out pursuant to a warrant issued under this section.

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PART V
DIRECTOR’S ORDERS AND ADMINISTRATIVE PENALTIES

Orders

Determination of applicable standard

21. (1) For the purposes of determining whether an accessibility standard applies
to a person or organization, a director may order that,
(a) the person or organization be treated as being part of a particular industry,
sector of the economy or class of persons or organizations; and
(b) two or more persons or organizations be treated as one person or organization.
Same
(2) One of the circumstances in which a director may make an order under subsection
(1) is where a person or organization has organized his, her or its businesses,
activities or undertakings in a particular manner and the intent or effect of
doing so is to permit the person or organization not to comply with a particular
accessibility standard or to otherwise defeat the purposes of this Act.

Compliance order, reporting requirements

(3) If a director concludes that a person or organization has contravened section
14 or 17, the director may, by order, require the person or organization to
do any or all of the following:
1. File an accessibility report that complies with the requirements under this
Act within the time specified in the order.
2. Provide the director with such reports or information as may be required
under section 17 within the time specified in the order.
3. Subject to subsection (6), pay an administrative penalty in accordance with
the regulations.
Same, standards and regulations
(4) If a director concludes that a person or organization has contravened a
provision of an accessibility standard or of any other regulation, the director
may, by order, require the person or organization to do either or both of the
following:
1. Comply with the accessibility standard or other regulation within the time
specified in the order.
2. Subject to subsection (6), pay an administrative penalty in accordance with
the regulations.
Failure to comply with previous order
(5) If a person or organization fails to comply with an order made under subsection
(3) or (4) within the time specified in the order and no appeal of the order
is made within the time specified in subsection 27 (1), a director may, subject
to subsection (6), make an order requiring the person or organization to pay
an administrative penalty in accordance with the regulations.
Administrative penalties
(6) An administrative penalty may be ordered under this section for one or more
of the following purposes:
1. To encourage compliance with this Act or with an order made under this Act.
2. To prevent a person or organization from deriving, directly or indirectly,
any economic benefit as a result of a contravention of this Act or the regulations.
3. To recover the costs of enforcing this Act and the regulations against the
person or organization that is required to pay the administrative penalty.

Content of order

(7) An order under this section shall,
(a) in the case of an order under subsection (1), inform the person or organization
of the nature of the order and of the reasons for the order;
(b) in the case of an order under subsections (3), (4) and (5),
(i) contain a description of the contravention to which the order relates and,
in the case of an order under subsection (5), identify the previous order to
which that order relates,
(ii) inform the person or organization of what must be done in order to comply
with the order, and
(iii) specify the time within which the person or organization must comply with
the order; and
(c) inform the person or organization of the right to appeal the order to the
Tribunal under section 27 within 15 days after the day the order is made.

Notice of order

22. (1) A director shall not make an order under section 21 unless, before doing
so, he or she gives notice of the order to the person or organization that is
the subject of the proposed order and gives the person or organization an opportunity
to make submissions with respect to the proposed order in accordance with this
section.

Content of notice

(2) The notice shall inform the person or organization,
(a) of the nature of the order that the director proposes to make;
(b) of the steps that the person or organization must take in order to comply
with the order;
(c) of the right of the person or organization to make written submissions to
the director explaining the alleged failure to comply; and
(d) of the time within which the submissions must be made.
Written submissions
(3) The person or organization that receives notice under this section may make
written submissions to the director to explain any alleged contravention of
section 14 or 17, of an accessibility standard or of any other regulation within
30 days of the day notice is received or within such further time as may be
specified in the notice.

Enforcement of administrative penalties

23. (1) If a person or organization fails to comply with an order to pay an
administrative penalty within the time specified in the order and no appeal
of the order is made within the time specified in subsection 27 (1), the order
may be filed with a local registrar of the Superior Court of Justice and may
be enforced as if it were an order of the court.
Same
(2) Section 129 of the Courts of Justice Act applies in respect of an order
filed with the Superior Court of Justice under subsection (1) and, for the purpose,
the date on which the order is filed shall be deemed to be the date of the order.
Failure to pay after appeal
(3) Subsections (1) and (2) apply with necessary modifications to an order of
the Tribunal requiring a person or organization to pay an administrative penalty.
Stay where appeal
(4) If a person or organization gives notice of appeal of an order to pay an
administrative penalty within the time specified in subsection 27 (1), the requirement
to pay is stayed until the disposition of the appeal.
No hearing required prior to order
24. A director is not required to hold a hearing or to afford a person or organization
an opportunity for a hearing before making an order under section 21.
Order reviewed, etc.
25. Within a reasonable time after making an order under section 21, a director
may review the order and vary or rescind it.

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PART VI
APPEALS TO TRIBUNAL

Designation of tribunals

26. (1) The Lieutenant Governor in Council shall, by regulation, designate one
or more tribunals for the purposes of this Act and of the regulations within
a reasonable time after the first accessibility standard is established under
section 6.

Responsibility of tribunals

(2) Each tribunal designated under subsection (1) shall be responsible for hearing
such matters arising under this Act as are specified in the designation.
Powers and duties
(3) A tribunal designated under subsection (1) may exercise such powers and
shall perform such duties as are conferred or imposed upon it by or under this
Act.

Appeals to Tribunal

27. (1) A person or organization that is the subject of an order made by a director
under section 21, 25 or subsection 33 (8) may appeal the order by filing a notice
of appeal with the Tribunal within 15 days after the day the order is made.

Notice of appeal

(2) A notice of appeal shall be in a form approved by the Tribunal and shall
contain the information required by the Tribunal.
Filing fee
(3) A person or organization that appeals an order to the Tribunal shall pay
the prescribed filing fee.
Hearing
(4) The Tribunal shall hold a written hearing with respect to an appeal under
subsection (1) unless a party satisfies the Tribunal that there is good reason
to hear oral submissions.
Panels
(5) Despite the requirement of any other Act, the chair of the Tribunal may
appoint a panel of one or more persons to hold hearings under this Act in the
place of the full Tribunal and the panel has all the powers and duties of the
Tribunal under this Act.
Parties to appeal
(6) The parties to an appeal to the Tribunal are,
(a) the person or organization that made the appeal to the Tribunal;
(b) the director who made the order; and
(c) any other person or organization that the Tribunal considers necessary for
the proper conduct of the hearing.
Order of Tribunal
(7) After holding a hearing into the matter, the Tribunal may confirm, vary
or rescind an order of the director.
Mediation
28. The Tribunal may attempt to effect a settlement of all or part of the matters
that are the subject of an appeal by mediation if,
(a) the parties consent to the mediation; and
(b) the Tribunal considers that it is in the public interest to do so.

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PART VII
MUNICIPAL ACCESSIBILITY

ADVISORY COMMITTEES

Accessibility advisory committees

29. (1) The council of every municipality having a population of not less than
10,000 shall establish an accessibility advisory committee or continue any such
committee that was established before the day this section comes into force.

Small municipalities

(2) The council of every municipality having a population of less than 10,000
may establish an accessibility advisory committee or continue any such committee
that was established before the day this section comes into force.

Members

(3) A majority of the members of the committee shall be persons with disabilities.

Duties of committee

(4) The committee shall,
(a) advise the council about the requirements and implementation of accessibility
standards and the preparation of accessibility reports and such other matters
for which the council may seek its advice under subsection (5);
(b) review in a timely manner the site plans and drawings described in section
41 of the Planning Act that the committee selects; and
(c) perform all other functions that are specified in the regulations.

Duty of council

(5) The council shall seek advice from the committee on the accessibility for
persons with disabilities to a building, structure or premises, or part of a
building, structure or premises,
(a) that the council purchases, constructs or significantly renovates;
(b) for which the council enters into a new lease; or
(c) that a person provides as municipal capital facilities under an agreement
entered into with the council in accordance with section 110 of the Municipal
Act, 2001.
Supplying site plans
(6) When the committee selects site plans and drawings described in section
41 of the Planning Act to review, the council shall supply them to the committee
in a timely manner for the purpose of the review.

Joint committees

(7) Two or more municipalities may, instead of each establishing their own accessibility
advisory committee, establish a joint accessibility advisory committee.

Application

(8) Subsections (3) to (6) apply with necessary modifications to a joint accessibility
advisory committee.

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PART VIII
ADMINISTRATION

Directors

30. (1) The Deputy Minister shall appoint one or more directors for the purposes
of this Act and the regulations.

Responsibility

(2) A director is responsible for the application of all or any part of this
Act and of the regulations with respect to any class of persons or organizations
specified in the director’s appointment.

Powers and duties

(3) A director shall perform such duties and exercise such powers as may be
specified in this Act or the regulations, subject to such conditions and restrictions
as may be set out in the appointment.

Delegation

(4) A director may, in writing, authorize any person to exercise any power or
perform any duty of the director, subject to such conditions and restrictions
as may be set out in the authorization.
Same
(5) An authorization under subsection (4) may authorize an inspector appointed
under this Act and named in the authorization to make orders under subsections
21 (3), (4) and (5).
No liability
(6) No action or other proceeding for damages shall be instituted against a
director or a person authorized to exercise a power of a director under subsection
(4) for any act done in good faith in the execution or intended execution of
the person’s power or duty or for any alleged neglect or default in the execution
in good faith of the person’s power or duty.

Accessibility Standards Advisory Council

31. (1) The Minister shall establish a council to be known in English as the
Accessibility Standards Advisory Council and in French as Conseil consultatif
des normes d’accessibilité.

Members

(2) A majority of the members of the Council shall be persons with disabilities.

Remuneration and expenses

(3) The Minister may pay the members of the Council the remuneration and the
reimbursement for expenses that the Lieutenant Governor in Council determines.

Duties

(4) At the direction of the Minister, the Council shall advise the Minister
on,
(a) the process for the development of accessibility standards and the progress
made by standards development committees in the development of proposed accessibility
standards and in achieving the purposes of this Act;
(b) accessibility reports prepared under this Act;
(c) programs of public information related to this Act; and
(d) all other matters related to the subject-matter of this Act that the Minister
directs.

Public consultation

(5) At the direction of the Minister, the Council shall hold public consultations
in relation to the matters referred to in subsection (4).

Reports

(6) The Council shall give the Minister such reports as the Minister may request.

Accessibility Directorate of Ontario

32. (1) The directorate known in English as the Accessibility Directorate of
Ontario and in French as Direction générale de l’accessibilité
pour l’Ontario is continued.

Employees

(2) Such employees as are necessary for the proper conduct of the Directorate’s
work may be appointed under the Public Service Act.
Functions of Directorate
(3) At the direction of the Minister, the Directorate shall,
(a) advise the Minister with respect to the establishment and composition of
standards development committees and with respect to the standards development
process established under section 9;
(b) prepare training material for members of the standards development committees
and guidelines and other reference material that may be used in preparing proposed
accessibility standards;
(c) advise the Minister as to the form and content of accessibility reports
and as to the method of reviewing the reports and enforcing the accessibility
standards;
(d) consult with persons and organizations required to prepare accessibility
reports under this Act on the preparation of their reports;
(e) conduct research and develop and conduct programs of public education on
the purpose and implementation of this Act;
(f) consult with organizations, including schools, school boards, colleges,
universities, trade or occupational associations and self-governing professions,
on the provision of information and training respecting accessibility within
such organizations;
(g) inform persons and organizations that may be subject to an accessibility
standard at a future date of preliminary measures, policies or practices that
they could implement before the accessibility standard comes into force in order
to ensure that the goods, services, facilities, accommodation and employment
they provide, and the buildings, structures and premises they own or occupy,
are more accessible to persons with disabilities;
(h) examine and review accessibility standards and advise the Minister with
respect to their implementation and effectiveness;
(i) support the Accessibility Standards Advisory Council and consult with it;

(j) examine and review Acts and regulations and any programs or policies established
by Acts or regulations and make recommendations to the Minister for amending
them or adopting, making or establishing new Acts, regulations, programs or
policies to improve opportunities for persons with disabilities; and
(k) carry out all other duties related to the subject-matter of this Act that
the Minister determines.

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PART IX
INCENTIVE AGREEMENTS

Agreements

33. (1) If the Minister believes it is in the public interest to do so, the
Minister may enter into agreements under this section with any person or organization
required under this Act to comply with an accessibility standard, in order to
encourage and provide incentives for such persons or organizations to exceed
one or more of the requirements of the accessibility standards.

Content of agreements

(2) A person or organization who enters into an agreement with the Minister
under this section shall undertake to exceed one or more of the requirements
of an accessibility standard applicable to that person or organization and to
meet such additional requirements as may be specified in the agreement, within
the time period specified in the agreement, in relation to accessibility with
respect to,
(a) goods, services and facilities provided by the person or organization;
(b) accommodation provided by the person or organization;
(c) employment provided by the person or organization; and
(d) buildings, structures or premises owned or occupied by the person or organization.
Exemptions and other benefits
(3) In consideration for the undertaking referred to in subsection (2), the
Minister may, in an agreement under this section, grant such benefits as may
be specified in the agreement to the person or organization who gave the undertaking
and may exempt the person or organization from,
(a) the requirement of filing an accessibility report under section 14 or such
part of the report as may be specified in the agreement; and
(b) any obligation to file or submit information, documents or reports to a
director or to the Minister that is required by regulation and referred to in
the agreement.
Same
(4) An exemption under subsection (3) may be granted for the period of time
specified in the agreement.

Other reporting requirements

(5) An agreement made under this section may specify such reporting requirements
as may be agreed to by the parties instead of those required by this Act or
the regulations.

Enforcement of agreement

(6) The Minister may appoint an inspector for the purposes of determining whether
the person or organization has failed to comply with the accessibility requirements
of the agreement.

Application

(7) Sections 18, 19 and 20 apply with necessary modifications to an inspection
carried out for the purposes of determining whether a person or organization
has failed to comply with the accessibility requirements of an agreement entered
into under this section.

Director’s order

(8) A director who concludes that a person or organization has failed to comply
with the accessibility requirements of an agreement entered into under this
section may, by order, require a person or organization to do either or both
of the following:
1. Comply with the requirements of the agreement within the time period specified
in the order.
2. Pay an administrative penalty in accordance with the regulations.
Application
(9) Subsections 21 (5), (6) and (7) and sections 22, 23, 24 and 25 apply with
necessary modifications to an order made under subsection (8).
Alternative remedy
(10) Nothing in this section affects any remedy available at law to the Minister
for breach of the agreement.

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PART X
GENERAL

Delegation of Minister’s powers

34. The Minister may delegate any of his or her powers under this Act to a director,
whether or not the director is an employee of the Ministry, or to such employees
of the Ministry as may be named in the delegation.

Document formats

35. (1) Despite any requirement in this Act that a notice, order or other document
given or made by the Minister, a director or the Tribunal be in writing, if
a request is made by or on behalf of a person with disabilities that the notice,
order or document be provided in a format that is accessible to that person,
the notice, order or document shall be provided in such a format.
Same
(2) A notice, order or other document provided to a person with disabilities
under subsection (1) shall be provided within a reasonable time after the request
is made.

Service

36. (1) Any notice given under section 22 or 33 and any order made under section
21, 25, 27 or 33 shall be given or served only,
(a) by personal delivery;
(b) by a method of delivery by mail that permits the delivery to be verified;
or
(c) by telephonic transmission of a facsimile of the document or by electronic
mail if the person is equipped to receive such transmissions or mail.

Personal delivery to various entities

(2) Service by personal delivery of a notice or order referred to in subsection
(1) shall be delivered,
(a) in the case of service on a municipal corporation, to the mayor, warden,
reeve or other chief officer of the municipality or to the clerk of the municipality;

(b) in the case of service on a corporation other than a municipal corporation,
to a director or officer of the corporation or to a manager, secretary or other
person apparently in charge of a branch office of the corporation;
(c) in the case of service on a partnership, to a partner or person apparently
in charge of an office of the partnership; and
(d) in the case of service on any other organization, to a person apparently
in charge of an office or of any place at which the organization carries on
business.

Deemed service

(3) If service is made by mail, the service shall be deemed to be made on the
fifth day after the day of mailing unless the person on whom service is being
made establishes that the person did not, acting in good faith, through absence,
accident, illness or other cause beyond the person’s control, receive the notice
or order until a later date.
Same
(4) A document that is served by a means described in clause (1) (c) on a Saturday,
Sunday or a public holiday or on any other day after 5 p.m. shall be deemed
to have been served on the next day that is not a Saturday, Sunday or public
holiday.

Exception

(5) Despite subsection (1), the Tribunal may order any other method of service
it considers appropriate in the circumstances.

Offences

37. (1) A person is guilty of an offence who,
(a) furnishes false or misleading information in an accessibility report filed
with a director under this Act or otherwise provides a director with false or
misleading information;
(b) fails to comply with any order made by a director or the Tribunal under
this Act; or
(c) contravenes subsection 20 (8) or subsection (2).
Same, intimidation
(2) No person shall intimidate, coerce, penalize or discriminate against another
person because that person,
(a) has sought or is seeking the enforcement of this Act or of a director’s
order made under this Act;
(b) has co-operated or may co-operate with inspectors; or
(c) has provided, or may provide, information in the course of an inspection
or proceeding under this Act.

Penalties

(3) Every person who is guilty of an offence under this Act is liable on conviction,
(a) to a fine of not more than $50,000 for each day or part of a day on which
the offence occurs or continues to occur; or
(b) if the person is a corporation, to a fine of not more than $100,000 for
each day or part of a day on which the offence occurs or continues to occur.

Duty of director or officer

(4) Every director or officer of a corporation has a duty to take all reasonable
care to prevent the corporation from committing an offence under this section.

Offence

(5) Every director or officer of a corporation who has a duty under subsection
(4) and who fails to carry out that duty is guilty of an offence and on conviction
is liable to a fine of not more than $50,000 for each day or part of a day on
which the offence occurs or continues to occur.

Conflict

38. If a provision of this Act, of an accessibility standard or of any other
regulation conflicts with a provision of any other Act or regulation, the provision
that provides the highest level of accessibility for persons with disabilities
with respect to goods, services, facilities, employment, accommodation, buildings,
structures or premises shall prevail.

Regulations

39. (1) The Lieutenant Governor in Council may make regulations,
(a) governing the time-frames for the development of proposed accessibility
standards by standards development committees established under section 8, for
the implementation of accessibility standards and for the review of those standards
and providing different time-frames for different accessibility standards relating
to different industries, sectors of the economy or classes of persons or organizations;
(b) governing reports or information to be provided to a director for the purposes
of this Act and requiring persons or organizations to provide such information;
(c) governing accessibility reports, including the preparation of such reports;
(d) respecting the manner in which accessibility reports shall be made available
to the public and requiring persons and organizations to make the reports available
in a prescribed manner;
(e) prescribing the times at which accessibility reports shall be filed with
a director, including prescribing different times for different classes of persons
and organizations;
(f) prescribing the information to be included in accessibility reports, including
prescribing different information to be included in reports prepared by different
classes of persons and organizations;
(g) governing the appointment and qualifications of inspectors appointed under
section 18;
(h) governing director’s orders made under Part V of this Act;
(i) governing the administrative penalties that a director may require a person
or organization to pay under this Act and all matters necessary and incidental
to the administration of a system of administrative penalties under this Act;
(j) designating one or more tribunals for the purposes of this Act and respecting
the matters that may be heard by each designated tribunal;
(k) prescribing the filing fee for filing an appeal to the Tribunal and respecting
the payment of the fee including prescribing the person or entity to which the
fee shall be paid;
(l) governing mediations conducted by the Tribunal under section 28 including
prescribing any fees relating to the mediation process and requiring persons
to pay the fees;
(m) specifying additional functions of municipal accessibility advisory committees
for the purposes of clause 29 (4) (c);
(n) respecting what constitutes a significant renovation for the purposes of
clause 29 (5) (a) and what constitutes a new lease for the purposes of clause
29 (5) (b);
(o) respecting the powers of a director;
(p) governing agreements made under section 33;
(q) defining the terms “accessibility”, “accommodation”
and “services” for the purposes of this Act and of the regulations;
(r) exempting any person or organization or class thereof or any building, structure
or premises or class thereof from the application of any provision of this Act
or the regulations;
(s) prescribing or respecting any matter that this Act refers to as a matter
that the regulations may prescribe, specify, designate, set or otherwise deal
with;
(t) respecting any transitional matters necessary for the effective implementation
of this Act and the regulations;
(u) respecting any matter necessary to the enforcement and administration of
this Act.

Administrative penalties

(2) A regulation under clause (1) (i) may,
(a) prescribe the amount of an administrative penalty or provide for the determination
of the amount of the penalty by prescribing the method of calculating the amount
and the criteria to be considered in determining the amount;
(b) provide for different amounts to be paid, or different calculations or criteria
to be used, depending on the circumstances that gave rise to the administrative
penalty or the time at which the penalty is paid;
(c) provide for the payment of lump sum amounts and of daily amounts, prescribe
the circumstances in which either or both types of amounts may be required;

(d) prescribe the maximum amount that a person or organization may be required
to pay, whether a lump-sum amount or a daily amount, and, in the case of a daily
amount, prescribe the maximum number of days for which a daily amount may be
payable;
(e) specify types of contraventions or circumstances in respect of which an
administrative penalty may not be ordered;
(f) prescribe circumstances in which a person or organization is not required
to pay an administrative penalty ordered under this Act;
(g) provide for the form and content of an order requiring payment of an administrative
penalty and prescribe information to be included in the order;
(h) provide for the payment of administrative penalties, prescribe the person
or entity to which the penalty is to be paid and provide for the investment
of money received from administrative penalties, including the establishment
of a special fund, and the use of such money and interest earned thereon;
(i) prescribe procedures relating to administrative penalties.

Exemptions

(3) A regulation under clause (1) (r) shall state the reasons for exempting
the persons, organizations, buildings, structures or premises or classes thereof,
described in the regulation, from the application of the provisions specified
in the regulation.

Draft regulation made public

(4) The Lieutenant Governor in Council shall not make a regulation under subsection
(1) unless a draft of the regulation is made available to the public for a period
of at least 45 days by posting it on a government internet site and by such
other means as the Minister considers advisable.
Opportunity for comments
(5) Within 45 days after a draft regulation is made available to the public
in accordance with subsection (1), any person may submit comments with respect
to the draft regulation to the Minister.
Changes to draft regulation
(6) After the time for comments under subsection (5) has expired, the Lieutenant
Governor in Council may, without further notice, make the regulation with such
changes as the Lieutenant Governor in Council considers advisable.

Classes

(7) A regulation under this section 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.
Same
(8) A regulation under this section 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.
Same
(9) A regulation under this section may impose different requirements, conditions
or restrictions on or in respect of any class.

Scope

(10) A regulation under this section may be general or specific in its application
and may be limited as to time and place.

Annual report

40. (1) The Minister shall prepare an annual report on the implementation and
effectiveness of this Act.

Content of report

(2) The report shall include an analysis of how effective the standards development
committees, the accessibility standards and the enforcement mechanisms provided
for under this Act are in furthering the purpose of this Act.

Tabling of report

(3) The Minister shall submit the report to the Lieutenant Governor in Council
and shall cause the report to be laid before the Assembly if it is in session
or, if not, at the next session.

Review of Act

41. (1) Within four years after this section comes into force, the Lieutenant
Governor in Council shall, after consultation with the Minister, appoint a person
who shall undertake a comprehensive review of the effectiveness of this Act
and the regulations and report on his or her findings to the Minister.

Consultation

(2) A person undertaking a review under this section shall consult with the
public and, in particular, with persons with disabilities.

Contents of report

(3) Without limiting the generality of subsection (1), a report may include
recommendations for improving the effectiveness of this Act and the regulations.

Tabling of report

(4) The Minister shall submit the report to the Lieutenant Governor in Council
and shall cause the report to be laid before the Assembly if it is in session
or, if not, at the next session.
Further review
(5) Within three years after the laying of a report under subsection (4) and
every three years thereafter, the Lieutenant Governor in Council shall, after
consultation with the Minister, appoint a person who shall undertake a further
comprehensive review of the effectiveness of this Act and the regulations.
Same
(6) Subsections (2), (3) and (4) apply with necessary modifications to a review
under subsection (5).

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PART XI
REPEAL, COMMENCEMENT
AND SHORT TITLE

Repeal of Ontarians with Disabilities Act, 2001

42. (1) The Ontarians with Disabilities Act, 2001, as amended by the Statutes
of Ontario, 2002, chapter 17, Schedule C, section 18, is repealed on a day to
be named by proclamation of the Lieutenant Governor.
Same
(2) Any proclamation under subsection (1) may apply to the whole or any part,
section or subsection of the Ontarians with Disabilities Act, 2001, and proclamations
may be issued at different times with respect to any part, section or subsection
of the Ontarians with Disabilities Act, 2001.

Commencement

43. This Act comes into force on the day it receives Royal Assent.

Short title

44. The short title of this Act is the Accessibility for Ontarians with Disabilities
Act, 2005.

For the official Government version of “the Act” go to http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm#BK0

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