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2 Accessibility Training
Accessibility Training
Table of Contents
Part A – Accessible Customer Service Regulation
1. Purpose of the Act ........................................................................................... 5
2. Requirements of the Customer Service Standard ........................................... 7
3. Types of Disabilities ........................................................................................ 8
a. Deaf, Deafened, Oral Deaf and Hard of Hearing ...................................... 8
b. Deafblind ................................................................................................... 9
c. Developmental or Intellectual Disabilities ................................................. 9
d. Learning Disabilities ................................................................................ 10
e. Mental Health Disabilities ........................................................................ 11
f. Physical Disabilities and Disabilities Affecting Mobility ........................... 12
g. Speech or Language Impairments .......................................................... 12
h. Vision Disabilities .................................................................................... 13
4. Service Animals............................................................................................. 14
5. Support Persons............................................................................................ 14
6. Assistive Devices .......................................................................................... 15
7. Services Temporarily not Available ............................................................... 16
8. Four Key Principles ....................................................................................... 17
9. Words to Use ................................................................................................. 17
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Part B - Integrated Accessibility Service Standards
1. Information and Communications Standard .................................................. 24
a. Accessible Formats and Communication Supports ................................ 24
b. Feedback Processes ............................................................................... 26
c. Emergency Procedures, Plans or Public Safety Information .................. 27
d. Accessible Websites and Web Content .................................................. 27
e. Educational and Training Institutions ...................................................... 28
f. Public Libraries ........................................................................................ 29
2. Employment Standard ................................................................................... 29
a. Informing Employees of Supports ........................................................... 30
b. Accessible Recruitment Process............................................................. 30
c. Documented Individual Accommodations Plans ..................................... 32
d. Workplace Emergency Response Information ........................................ 33
e. Performance Management, Career Development and Redeployment ... 33
f. Return to Work Process .......................................................................... 34
3. The Transportation Standard ........................................................................ 35
a. Duties of Municipalities: Taxicabs ........................................................... 37
b. Duties of Municipalities: Bus Stops and Shelters .................................... 37
4. Design of Public Spaces Standard ................................................................ 38
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Part C - Ontario Human Rights Code
1. The Code ....................................................................................................... 43
2. Understanding the Need to Accommodate ................................................... 44
3. Applying Human Rights Principals ................................................................ 47
4. Compliance and Enforcement ....................................................................... 49
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Part 1 Accessible Customer Service Standard Regulation
1. Purpose of the Act
Standards have been and are being developed in the following key areas:
• Goods
• Services
• Facilities
• Accommodations
• Employment
• Buildings
• Structures
• Premises
What does this change mean?
• More opportunities
• Greater contributions and involvement of people with disabilities
• Preparation for the future
Take a minute to think about what this change is going to mean for you and
coworkers and for our organization. Can you imagine what an accessible Ontario
might look like?
Think for a moment about where you travel, live and work and what these places
might look like without barriers. When everyone has access to places, people
and experiences, we all benefit. In this case we benefit from the contributions,
involvement and spending power of people with disabilities.
Greater accessibility will help prepare Ontario for the future. Our population is
aging, so the number of people with disabilities will increase.
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Some people see disabilities as the barrier to full involvement in life. But,
actually, it is the environment that presents barriers. For example, having
stereotypes about people with disabilities is a major barrier…an attitudinal
barrier. There are sometimes physical barriers in the environment. Sometimes
certain systems and processes create barriers.
These barriers can be based on certain ideas of what the human experience
should be like. So, it is the environment that presents barriers for people with
disabilities and not the disabilities.
The Customer Service Standard is the first standard developed under the Act.
Other Standards cover the following:
• Information and Communication
• Employment
• Transportation
• Public Spaces
The Accessibility for Ontarians with Disabilities Act is about setting Standards in
areas of living that pose major barriers to people with disabilities.
The vision behind the Act is to achieve accessibility for Ontarians with disabilities
by 2025.
The Customer Service Standard became law on January 1, 2008 . The Standard
applies to all people and organizations that
• are designated in the regulation
or
• provide goods or services to the public or other businesses and
organizations (known as third parties)
• have at least one employee in Ontario
The goal of the Standard is for every business and organization to provide
service to their customers in a way that is accessible to people with all types of
disabilities. Businesses and organizations that must comply with the Standard
will be called “Providers” for short.
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2. Requirements of the Customer Service Standard
There are a number of legal requirements under the Standard. To comply,
businesses and organizations must:
• Set up policies, practices and procedures on providing goods or services
to people with disabilities.
• Make reasonable efforts to ensure that policies, practices and procedures
are consistent with the key principles of independence, dignity, integration
and equality of opportunity.
• Have a policy about the use of assistive devices by people with disabilities.
• Communicate with a person with a disability in a manner that takes into
account his or her disability.
• Let people with disabilities bring their service animals onto the parts of the
premises open to the public or third parties except in some situations.
• Let people with disabilities bring their support persons with them when
accessing goods or services.
• If your organization charges an admission fee, let people know ahead of
time what, if any, admission will be charged for a support person.
• Let the public know when facilities or services that people with disabilities
usually use to access their goods and services are temporarily not
available.
• Ensure that your staff receives training on how to serve people with
disabilities, including staff involved in developing customer service policies,
practices and procedures and staff who are likely to interact with
customers.
• Receive feedback and let people know how feedback will be responded to
and what action will be taken on any complaints. Make the information
about the feedback process readily available to the public.
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Here are some things to keep in mind when serving customers with disabilities:
• If you are not sure what to do, ask your customer, "May I help you?" Your
customers with disabilities know if they need help and they know how you
can provide it.
• Speak directly to your customer.
• Not everybody with the same disability experiences the same things. Don’t
make assumptions about the types of disability a person has. Your
customers are not required to tell you about their disabilities.
• Take the time to get to know your customer’s needs and focus on meeting
those needs just like you would with any other
customer. Some disabilities are not visible.
• All customers have a range of needs and preferences and so do your
customers with disabilities.
• If you cannot understand what your customer is saying, politely ask him or
her to repeat it.
• You may want to ask if the information you are conveying needs to be
repeated. Ask: “Do you understand this?”
• Exercise patience.
3. Types of Disabilities
a. Deaf, Deafened, Oral Deaf and Hard of Hearing
People who experience hearing loss may be deaf, oral deaf, deafened or hard
of hearing. People experiencing hearing loss may use assistive devices like
hearing aids, special telephones, sign language interpreters, various
amplifiers or a pen and paper.
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Here are suggested ways to serve customers with hearing loss:
• Attract the customer’s attention before speaking. For example, try a
gentle touch on the shoulder or wave of your hand.
• Don’t shout.
• Make sure you are in a well-lit area where your customer can see your
face.
• If the person uses a hearing aid, reduce background
noise or move to a quieter area.
b. Deafblind
A person who is deafblind cannot see or hear to some degree. Many people
who are deafblind will be accompanied by an intervenor, a professional who
helps with communicating. Intervenors are trained in special sign language
that involves touching the hands of the client in a two-hand, manual alphabet
or finger spelling.
Keep these suggestions in mind when you serve a customer who is deafblind:
• Speak directly to your customer, not to the intervenor.
• Identify yourself to the intervenor when you approach your customer
who is deafblind.
• A customer who is deafblind is likely to explain to you how to
communicate with them or give you an assistance card or a
note explaining how to communicate with them.
c. Developmental or Intellectual Disabilities
Developmental or intellectual disabilities can mildly or profoundly limit a
person’s ability to learn, communicate, do everyday physical activities and live
independently.
You may not be able to know that someone has this disability unless you are
told or you notice the way the person acts, asks questions or uses body
language. However, they may understand you more than you realize.
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An example of a developmental disability would be Down Syndrome.
Here is some guidance:
• Do not assume what a person can or cannot do.
• Use plain language.
• Make sure your customer understands what you have said. You can be
direct and ask: “Do you understand this?”
• Provide one piece of information at a time. You can break down the
information into simpler concepts, without exaggerating speech or
gestures or being patronizing.
• You may want to ask if the information needs to be repeated.
d. Learning Disabilities
Learning disabilities refers to a variety of disorders that affect how a
person acquires, retains or takes in information. People with learning
disabilities just learn differently. Learning disabilities affect people from all
backgrounds and are not caused by culture, language or a lack of
motivation.
Learning disabilities are specific impairments that can result in problems
with reading and language-based learning (dyslexia), problems with
mathematics (dyscalculia) or problems with writing and fine motor skills
(dysgraphia).
This disability may become apparent in your customer service interaction
when the person has difficulty reading material or taking in and processing
the information you are providing.
Here are some tips:
• Take some time. People with some learning disabilities may take a
little longer to process, understand and respond.
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• Provide information in a way that works for your customer. For
example, keep a pen and paper handy. That way, you can explain,
and then review and repeat the information using your notes. If
you’re discussing confidential information, consider giving the notes
to your customer or offering to destroy them.
• Be prepared to explain any materials you provide for your
customers.
e. Mental Health Disabilities
The important thing to remember with mental health disabilities is to focus
on completing the transaction in a calm, patient way and meeting the
customer’s needs.
Mental health issues can affect a person’s ability to think clearly,
concentrate or remember. “Mental health disability” is a broad classification
for many disorders that can range in severity. Customers may experience
anxiety due to phobias or a panic disorder. Hallucinations, mood swings
and a deep lack of motivation may be signs of a mental health disability.
A person may have a clinical depression or bipolar disorder.
The major barrier for people with mental health disabilities is the stigma
associated with it and the lack of understanding.
Here are some suggestions:
• Be confident and reassuring. As with all customers, listen carefully
and focus on meeting the customer’s needs.
• If the person appears to be in a crisis, ask them to tell you the best
way to help.
• If a customer appears to show signs of a mental health disability, it
may be helpful to keep in mind that the customer’s reactions are not
connected to you personally, as a service provider. The customer
may simply be showing symptoms of mental illness.
One in five people in Ontario will experience a mental health issue at some
point in their lives.
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f. Physical Disabilities and Disabilities Affecting Mobility
The common image of someone with a physical disability who uses a
wheelchair is a stereotype. For example, physical disabilities can result
from arthritis, heart or lung conditions or amputations.
Here are some tips:
• People with physical disabilities often have their own ways of doing
things, so it is a good idea to ask before you help.
• Respect your customer’s personal space. Don’t lean over them or
on an assistive device.
• Don’t move items or equipment, such as canes or
walkers, out of the person’s reach.
• If you have permission to move a person in a wheelchair, remember
to make sure your customer is ready to be moved and that you
describe what you are going to do beforehand. Don’t leave the
individual in an awkward, dangerous or undignified position such as
facing a wall or in the path of opening doors.
• In some situations, inform your customer of the accessible features
in the immediate environment (automatic doors, accessible
washrooms, elevators, ramps, etc.).
g. Speech or Language Impairments
Cerebral palsy, stuttering, hearing loss or other conditions may make it
difficult for the person to pronounce words or may cause slurring or
stuttering.
Here are a few pointers:
• Do not assume that, just because a person has this disability, they
also have another.
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• Give your customer whatever time they need to get their point
across. If appropriate, offer to move to a more comfortable location.
• Ask questions that can be answered “yes” or “no” if possible.
• Don’t interrupt or finish your customer’s
sentences. Give them time to finish.
h. Vision Disabilities
Few people who are blind have no vision.
According to CNIB, nine out of ten people who come to CNIB have some
degree of vision.
Three million Canadians have difficulty reading conventional text.
Vision loss can restrict someone’s ability to read signs, locate landmarks or
see hazards. Some customers may use a guide dog or white cane and
others may not. Some customers simply need to view written materials
like documents, receipts, menus, brochures, instructions or labels in large
print or with the help of a magnifier.
Serving customers with vision loss:
• Do not assume the individual can't see you.
• Identify yourself when you approach your customer and speak
directly to him or her.
• Offer your elbow to guide the person. If they accept, walk slowly, but
wait for permission before doing so.
• Identify landmarks or other details to orient your customer to the
environment around them.
• If you are giving directions or providing any information, be precise
and descriptive. For example, if you are approaching a door or an
obstacle, say so.
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• Do not leave your customer in the middle of a room. Guide them to
a chair or a comfortable location. Do not walk away without
letting your customer know.
4. Service Animals
You have probably seen someone with vision loss who uses a guide dog. There
are other types of service animals who help people with other disabilities as well.
Hearing alert animals help people who are deaf, oral deaf, deafened or hard of
hearing.
Some service animals are trained to alert an individual to an oncoming seizure
and some service animals are trained to assist people with:
• Autism
• Mental health disabilities
• Physical disabilities
• Other disabilities
You might recognize service animals when they wear a harness or a sign, or
when they are helping someone. Their owner might carry a certificate or a letter
from a doctor or nurse that states that the individual requires the use of a service
animal because of a disability. You can ask to see such a document. You might
also observe the animal helping someone by opening doors or alerting them to
certain sounds.
• The customer is responsible for the care and supervision of the service
animal.
• Avoid touching, talking to or making eye contact with the service animal:
they are working animals and need to stay focused.
5. Support Persons
Some people with disabilities that you encounter will be accompanied by a
support person.
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A support person can be a personal support worker, a volunteer, a family
member or a friend of the person with a disability. A support person might help
your customer with a variety of things from communicating to helping with
mobility, personal care or medical needs.
According to the Regulation, support persons must be allowed to accompany an
individual with a disability to any part of your organization that is open to the
public or to third parties.
A customer with a disability might not introduce their support person. If you are
not sure which person is the customer, you could take your lead from the person
using or requesting your goods or services or simply ask. Once you have
determined who your customer is, speak directly to him or her not to the support
person.
It is also good practice to confirm with your client or customer that they want the
support person to be present while confidential matters are being discussed.
6. Assistive Devices
Most assistive devices used by people with disabilities are “personal assistive
devices”. They belong to the person using them and they are part of that
person’s personal space.
It is inappropriate to lean on or reach over them. Also, it would not be a good
practice to restrict anyone from moving around by holding onto the person’s
personal assistive device.
There are many assistive devices that you will not even notice at first glance,
such as a hearing aid. Some aren’t used all the time, like a speech amplification
device or a white cane.
Consider the assistive devices in your operation that may help with the provision
of goods or services to customers with disabilities. The Standard says that you
must be trained on how to use them. Ideally, you should have instruction
manuals handy, perhaps a summary instruction sheet.
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Elevators, escalators and automatic door openers are assistive devices.
One of the more common assistive devices is a TTY line.
TTY stands for Teletypewriter, a type of telephone that allows callers to send
typed messages to each other across phone lines.
TTY users can directly call other TTY numbers or they can connect with a Relay
Service. A standard phone user can also place a call to a TTY user through the
Relay operator. You give the operator your name, the name of the person you
are calling, and the number you wish to reach. Using the Relay Service locally is
free. For long-distance, any standard long-distance charges would apply.
Other Assistive Devices include:
• Keyboard
• Pen and paper
• Pointing device
• Information in braille
• Automatic door opener
• Hearing and amplification devices
7. Services Temporarily not Available
Under the Standard, you must provide notification when services are temporarily
not available.
Sometimes, your customers will have difficulty accessing your services. Most
customers have specific needs or preferences.
Being positive, flexible and open to suggestions will help to create a good
customer experience.
If you notice that your customer is having difficulty accessing your services, a
good starting point is to ask how you can best help them.
Often, there are simple solutions. For example, your customer is deaf and does
not have a sign language interpreter. You could ask him, in writing, if using a
pen and paper would be a good way to serve him.
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Perhaps your customer cannot reach some of the flyers or pamphlets in your
office because the displays and counters are too high. You could offer to bring
the products to him or her.
If the documents in your office are unreadable to someone with vision loss, you
could offer to read it aloud or to print it or copy it in a larger font.
Be prepared to help with doors if your building does not have automatic door
openers.
8. Four Key Principles
Provide consistent customer service to persons with disabilities by putting into
practice these four key principles:
• Independence
• Dignity
• Integration
• Equal opportunity
9. Words to Use
Instead of Please use
Afflicted by cerebral palsy,
multiple sclerosis, arthritis,
etc.
Person who has cerebral palsy.
Person who has multiple sclerosis.
Person who has arthritis, etc.
Person with a disability.
Aged (the) Seniors
Autistic A person with autism.
A person who has autism.
Birth defect, congenital
defect, deformity
A person who has a congenital disability.
A person with a disability since birth.
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Blind (the), visually impaired
(the)
A person who is blind.
A person with a vision disability.
A person with vision loss.
A person with a visual impairment
A person with low vision.
Brain damaged A person with a brain injury.
A person with a head injury.
Confined to a wheelchair,
wheelchair bound
A person who uses a wheelchair.
Crazy, insane, lunatic,
psycho, mental, mental
patient, maniac, neurotic,
psychotic, unsound mind,
schizophrenic
A person with a mental health disability.
A person who has depression.
A person with schizophrenia.
Cripple, crippled, lame A person with a disability.
A person with a mobility impairment or,
more specifically, a person who walks with
crutches.
A person who uses a walker.
A person who uses a mobility aid.
A person with arthritis, etc.
Deaf (the), hearing impaired
(the)
A person who is deaf (person with profound
hearing loss who communicates using sign
language.)
A person who is deafened (deaf later in life.)
A person who is hard of hearing (person
with hearing loss who communicates
primarily by speech.)
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Deaf (the), hearing impaired
(the)
A person with a hearing loss.
When referring to the deaf community and
their culture (whose preferred mode of
communication is sign language) it is
acceptable to use "the Deaf."
Deaf and dumb, deaf mute A person who is deaf without speech.
Deaf-Blind (the) Person who is deaf-blind (person who has
any combination of visual and auditory
impairments.)
Differently Abled A person with a disability.
Disabled (the) People with disabilities.
Elderly (the) Seniors, older adults.
Epileptic Person who has epilepsy.
Fits, spells, attacks Seizures.
Handicapped (the) Person with a disability.
The term handicapped may be used when
referring to an environmental or attitudinal
barrier as in "a person who is handicapped
by a set of stairs leading to the entrance."
Invalid Person with a disability.
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Learning disabled, learning
disordered, the dyslexics
A person with a learning disability or people
with learning disabilities
Mentally retarded, idiot,
simple, retarded, feeble
minded, imbecile
A person with an intellectual disability. A
person with a developmental disability.
Midget, Dwarf A person of short stature. A person who has
a form of dwarfism. A little person. A person
diagnosed with "Achondroplasia, SED, or
what ever their specific diagnoses is", a
form of dwarfism.
Mongoloid, Mongolism Person with Down Syndrome. One can use
this terminology only when it is directly
relevant.
A person with an intellectual or
developmental disability.
Normal Person who is not disabled.
Person who is able bodied.
Specifically, a person who is sighted, a
hearing person, a person who is
ambulatory.
Patient Person with a disability.
The word patient may be used when
referring to a relationship between and
medical professional and a client.
Physically challenged Person with a physical disability.
Spastic Person who has muscle spasms.
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Stutterer A person with a speech impairment or
impediment.
Victim of/suffers from/
stricken with cerebral palsy,
multiple sclerosis, arthritis,
etc.
Person who has cerebral palsy. Person who
has multiple sclerosis, etc. Person with a
disability.
Visually impaired (the) A person with a visual impairment.
A person with low vision.
A person with vision loss.
A person with a vision disability.
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Part 2 Integrated Accessibility Standards Regulation
The Integrated Accessibility Standards Regulation sets out:
special requirements for four standards:
o employment
o information and communications
o transportation
o design of public spaces
general requirements that apply to all four
Organizations must provide training on the requirements of the Regulation as it
relates to a person’s duties and on the Ontario Human Rights Code as it relates
to people with disabilities.
Training must be provided to:
All existing and new employees and volunteers
People who participate in developing the organization’s policies
Other people who provide goods, services or facilities on behalf of the
organization
Organizations are also required to provide training when the organization’s
accessibility policies change.
All organizations, except small organizations, must keep a record of the training
provided, including the dates the training took place and the number of
individuals trained.
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Organizations must develop accessibility policies describing what they do, or
intend to do, to meet the requirements of the Regulation.
These policies serve as rules that guide the organization’s everyday practices.
All organizations, other than small organizations, must also:
Document these policies in writing
Make policies publicly available and in an accessible format on request
Include a statement of the organization’s commitment to accessibility
Organizations, other than small organizations, must develop an Accessibility
Plan.
An Accessibility Plan outlines the steps that an organization will take to prevent
and remove barriers to accessibility and how the requirements of the Regulation
will be met.
Organizations, other than a small organization, must:
Establish, implement, document and maintain a multi-year Accessibility
Plan
Post the Accessibility Plan on websites and provide the Plan in an
accessible format on request
Review and update the Accessibility Plan at least once every five years
In addition:
The Government of Ontario, the Legislative Assembly and designated public
sector organizations must also:
Establish, review and update the Accessibility Plan in consultation with
people with disabilities
Prepare an annual status update on the progress in implementing the
Plan, including steps taken to comply with the requirements of the
Regulation
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Publicly post the update on website and provide it in an accessible format
upon request
It’s also important to incorporate accessibility criteria into procurement and
buying practices.
Doing so can make a significant impact on preventing new accessibility barriers
and addressing existing ones.
For example, an organization might set accessibility criteria when procuring new
computer software so that it can accommodate the needs of people with vision
loss.
A self-service kiosk is an interactive electronic terminal, such as a point-of-sale
device used at a grocery store checkout or to pay for a fare or parking.
People with disabilities should be able to use a self-service kiosk as
independently and securely as possible.
When determining accessibility features to include in the design or purchase of a
kiosk, one may want to consider including an alternate (non-visual) way to use it,
such as a tactile keyboard and audio instructions.
1. Information and Communications Standard
The Information and Communications Standard establishes processes that
businesses and organizations in Ontario must follow to create, provide and
receive information and communications in ways that are accessible to people
with disabilities.
a. Accessible Formats and Communication Supports
When requested, one must provide information and communications in
an accessible manner to people with disabilities.
Alternatives to standard print are often referred to as accessible formats
and ways to help communication between people are referred to as
communication supports.
When a request is received, one must consult with the person to
determine their accessibility needs.
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One has the flexibility to determine the most appropriate accessible
format or communication support depending on the accessibility
needs of the person and the capability of the organization to deliver.
Accessible formats and communication supports must be provided in a
timely manner and at a cost that is not more than the regular costs
charged to other people.
Examples of alternate formats and communication supports:
Reading written information to a person directly
Large print
Text transcripts of audio or visual information
Handwritten notes instead of spoken word
Information written in plain language
An electronic document formatted to be accessible for use with a
screen reader
This requirement is about providing accessible information and
communications about goods, services or facilities offered to customers,
clients and others.
The requirement does not apply to the following:
Products and product labels
Example: A store that sells DVDs does not have to make its
products or product labels accessible, but the store must still take
into account a person’s disability when communicating with them
about their products, such as verbally informing a customer with
vision loss about their DVD selection.
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Information that one does not control directly or indirectly through a
contract, unless the organization is involved in education or training
as defined in the Regulation
Information or communications that cannot be converted
There might be instances when one is unable to convert the requested
information or communication – for example, if:
The technology to convert the information is not readily available
The information may be lost in the conversion process and cannot
be conveyed in a meaningful way (i.e., visual information in an x-ray
or architectural blueprint)
When it’s not possible to convert the requested material, one needs to
provide the individual making the request with the following:
An explanation as to why the information or communications are
unconvertible
A summary of the information or communications
b. Feedback Processes
Under the Accessibility Standard for Customer Service, organizations had
to establish a customer service feedback process for receiving and
responding to feedback about how they provide goods or services to
people with disabilities.
An organization may have other types of external or internal feedback
processes – e.g., online surveys or forms, email, phone or print.
Under the Information and Communications Standard, if the organization
has feedback processes in place, one must make them accessible. This
may include:
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Arranging for accessible formats and communication supports on
request
Notifying the public about the availability of accessible formats and
communication supports
c. Emergency Procedures, Plans or Public Safety Information
If the organization provides emergency procedures, plans or public safety
information to the public, one must provide these in an accessible format,
on request.
Examples of emergency information include, but are not limited to:
Emergency plans and procedures
Maps, warning signs and evacuation routes
Information given to the public about alarms or other emergency
alerts
Real-time emergency information (such as announcements and alarms) is
not included in this requirement.
d. Accessible Websites and Web Content
An organization’s website is often its primary way of sharing information,
That is why it is important that a website and web content be accessible.
An organization must conform with the international Web Content
Accessibility Guidelines (WCAG) 2.0, as outlined in the Standard.
These guidelines were developed by the World Wide Web Consortium
(W3C) and explain how to make web content more accessible to people
with disabilities.
WCAG 2.0 has different levels of compliance that determine how
accessible a site is .
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e. Educational and Training Institutions
Certain sections of the Standard apply specifically to educational and
training institutions, such as:
Public and private elementary and secondary schools
Colleges and universities
Other educational and training organizations defined in the
Regulation
The following sections of the Standard apply specifically to educational and
training institutions:
Educational and training resources and materials
Training to educators
Libraries of educational and training institutions
Where available, libraries of educational or training institutions must
provide an accessible or conversion-ready format of print, digital or
multimedia resources or materials, on request.
The following are exempt from the requirements:
Special collections
Archival materials
Rare books
Donations
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Producers of educational or training textbooks and print-based learning
resources who supply educational and training institutions must provide
accessible or conversion-ready versions, when requested.
Examples of producers include, but are not limited to:
Publishing companies
Universities
School boards
f. Public Libraries
Public libraries must:
Provide, or arrange to provide, accessible materials where they
exist, when requested.
Make information publicly available to inform people that materials
can be provided in an accessible format, upon request. Keep in mind
that this information needs to be accessible as well.
2. Employment Standard
The Employment Standard deals with accessibility in the employment cycle. It
addresses the processes and procedures organizations follow in recruiting and
accommodating their employees.
The Ontario Human Rights Code requires all employers to meet the
accommodation needs of employees with disabilities to the point of undue
hardship.
The Employment Standard builds on this requirement. It requires employers to
have processes in place to determine an employee’s accommodation needs.
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The requirements of this Standard address key processes in the life cycle of a
job.
The Standard applies to organizations with one or more employees in Ontario
and which provide goods, services or facilities to the public or to other
organizations.
The requirements:
Apply to paid employees
Do not apply to volunteers and other non-paid individuals
a. Informing Employees of Supports
The Employment Standard requires employers to inform all employees,
both new and existing, of their accessible employment practices.
This includes, but is not limited to, policies on providing job
accommodations that take into account an employee’s accessibility needs
due to disability.
This will make all employees aware of how the organization will support
them if they have a disability or if they acquire a disability later in their
career.
b. Accessible Recruitment Process
An employment relationship with an employee typically begins through a
recruitment process.
When planning the accessible recruitment process, there are requirements
at the following three stages:
When advertising job positions
When inviting job applicants to participate in the selection process
When offering a job to a successful applicant
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When advertising job positions, an organization must state that
accommodations for job applicants with disabilities are available on
request.
For example, an organization may choose to do this in all job ads, a
statement on its website or another way.
This notifies existing employees and the public that the organization will
support their participation in all aspects of the recruitment process.
When inviting job applicants to participate in the selection process, we
must state that accessibility accommodations are available on request to
support their participation.
For example, when scheduling interviews, all applicants can be asked if
any accessibility accommodations are needed for the recruitment process
but not about the need for accommodation for the job itself.
An example of an accommodation that may be requested is that material
given to candidates during the interview be provided in large print.
When offering a job to a successful applicant, one must inform them of the
organization’s policies on accommodating employees with disabilities.
This could be provided verbally, in person, by email or in an offer letter.
Once hired, employees may request accessible formats and
communication supports.
This requirement is similar to those in the Information and Communications
Standard.
Employers must consult with employees to determine their accessibility
needs and how best to accommodate them.
Accessible formats and communication supports can be requested for:
Information required for the employee to perform their job
Information generally available to all employees
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Examples of accessible formats or communication supports that an
employee may require include:
Access to the use of software such as a screen reader
Documents in an electronic format
Text transcripts of visual or audio information
c. Documented Individual Accommodations Plans
The Standard requires all employers (except small organizations) to have
a written process to document individual accommodation plans for
employees with disabilities.
This will help organizations have a clear and consistent approach for
accommodating employees with disabilities.
An individual accommodation plan is a formal way to record and review the
workplace-related accommodations that will be provided to an employee
with a disability.
Employers must work with an employee with a disability to find the
appropriate accommodation to meet the individual’s accommodation needs
For example, an accommodation might include the need to provide screen
reader software for a computer.
The Standard specifies a number of elements that must be included in the
process for developing documented individual accommodation plans,
including:
How the employee can participate in the process
How the employer can seek outside expert advice to help determine
an employee’s accommodation needs
How the privacy of personal information will be protected
How often the plan will be reviewed
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d. Workplace Emergency Response Information
Individualized emergency response information can help both employees
with disabilities and organizations prepare for various emergencies such
as fire, power outages or severe weather.
For example, an employee who cannot hear a fire alarm will need to know
how and when to safely exit the building in the event of a fire.
Every employer must provide individualized workplace emergency
response information to employees with disabilities if:
The disability makes it necessary
The employer is aware of the need
With the employee’s consent, one must ensure the information is shared
with anyone designated to help them in an emergency.
This emergency response information must be reviewed when:
The employee moves to a different location in the organization
The employee’s overall accommodation needs or plan are reviewed
The organization’s emergency response policies are reviewed
e. Performance Management, Career Development and
Redeployment
The Standard also includes requirements for:
Performance management
Career development
Redeployment
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The Standard requires that these processes take into account the
accessibility needs of employees with disabilities and their individual
accommodation plans.
These requirements apply only if the organization currently has such
processes in place. Organizations are not required to establish these
processes if they don’t exist.
f. Return to Work Process
An employee with a disability may sometimes need to take time off work
for a treatment, recovery or other reasons.
In addition, a disability such as an injury or illness can happen at any time
and to any of us.
That is why the Standard requires all employers (except small
organizations) to develop a process that supports employees who have
been absent due to a disability and who require disability-related
accommodations when they return to work.
The return to work process must:
Be documented and outline the steps that will be taken to facilitate
an employee’s return to work
Use documented individual accommodation plans
The return to work process does not replace or override any other return to
work processes created under any other law.
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3. Transportation Standard
The Transportation Standard applies to conventional and specialized public
transportation providers that operate solely in Ontario. These include:
Conventional transportation services such as:
Transit buses
Motor coaches
Rail-based transportation (e.g., subways, commuter trains, etc.)
Specialized transportation services for people with disabilities.
The Transportation Standard also applies to:
Other transportation services provided by
o Public school boards
o Hospitals
o Colleges
o Universities
Municipalities, including those that license taxicabs or that provide
conventional transportation services
Certain ferries
There are transportation service providers that don’t have to comply. Those
who may be exempt from compliance include:
Limousines and town cars
Shuttle vehicles, for example, at airports, hotels or casinos
Faith-based organization vehicles
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Tour buses and tour/charter boats
Private school transportation
Rides and trolleys/trams (as in amusement parks)
Federally regulated transportation services such as airlines, VIA Rail
and Greyhound
There are some requirements common to both conventional and specialized
transportation service providers, such as:
Making information available to the public on accessibility equipment
and features of their vehicles, routes and services
Providing accessibility training to employees and volunteers
Not charging a fare to a support person accompanying a person with a
disability when that person requires a support person
Meeting additional transportation-specific requirements in their
accessibility plans
Public school boards (as defined in the Regulation) that provide transportation
services for students must provide integrated accessible school transportation
services.
If that is not possible or if it is not the best option for a student because of the
nature of his or her disability or safety concerns, the school board must
provide appropriate alternative accessible transportation services.
Public school boards must also develop individual school transportation plans
for each student with a disability.
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When requested, hospitals, colleges and universities that provide
transportation services, such as shuttle buses, must provide accessible
vehicles or equivalent services.
Operators of ferries (as defined in the Regulation) must meet specific
requirements found under the Transportation Standard, as well as under the
federal “Ferry Accessibility for Persons with Disabilities” Code of Practice.
a. Duties of Municipalities: Taxicabs
Municipalities must consult with their Accessibility Advisory Committee, if
one has been established, the public and people with disabilities to
determine the proportion of on-demand accessible taxicabs required in the
community.
Municipalities that license taxicabs must ensure that owners and operators
of taxicabs meet specific requirements, which include:
Not charging higher fares or additional fees to a person with a
disability
Placing vehicle registration and identification information on the rear
bumper
Making available vehicle registration and identification information to
people with disabilities in an accessible format (e.g., by keeping a
large print and Braille copy of the information on hand)
b. Duties of Municipalities: Bus Stops and Shelters
Municipalities that offer conventional transportation services must consult
on and plan for, accessible bus stops and shelters in their community.
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To determine what is needed to make bus stops and shelters more
accessible, municipalities must consult with:
Their Accessibility Advisory Committee, if one has been established
The public
People with disabilities
Any planning or steps to meet the goal of accessible bus stops and
shelters must be included in the municipality’s accessibility plan.
4. Design of Public Spaces Standard
The Design of Public Spaces Standard sets requirements for specific features of
our physical environment that will make it easier for people with disabilities to
move through, use and enjoy what our communities have to offer.
Accessible public spaces make it easier for people with disabilities to move
through and use the environment.
The requirements of the Standard are divided into seven sections:
Recreational trails and beach access routes
Outdoor public use eating areas, like those found at rest stops or picnic
grounds
Outdoor play spaces
Exterior paths of travel (sidewalks or walkways) and their associated
elements, such as ramps, stairs, curb ramps, rest areas and accessible
pedestrian signals
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Accessible off-street and on-street parking spaces
Obtaining services (service counters, fixed queuing guides and waiting
areas)
Maintenance planning
Infrastructure and Municipal Works staff receive training in the following areas as
it relates to their duties
The Standard requires organizations to incorporate accessibility when:
Building new public spaces
Making planned significant alterations to existing public spaces
Organizations are not required to retrofit public spaces to meet the requirements.
This means that organizations are not required to alter their public spaces if they
have no plans to do so.
Accessibility for elements related to buildings, for example, building entrances,
washrooms and barrier-free paths of travel, are not addressed in this Standard.
It is important to remember that the General Requirements section of the
Regulation includes requirements that may be relevant to the Design of Public
Spaces Standard. For example:
All organizations with accessibility plan requirements must make sure that
their multi-year accessibility plan outlines how their requirements under the
Regulation (including the Design of Public Spaces Standard) will be met
Designated public sector organizations are required, except where not
practicable to do so, to “incorporate accessibility design, criteria and
features when procuring or acquiring goods, services or facilities”, which
may be relevant to the accessibility features of public spaces, such as
outdoor play spaces or outdoor public use eating areas
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The Standard states that the organization that must comply with the
requirements is the one that has authority or approval to build on or make
planned significant alterations to the public space, but not necessarily an
organization that may have approved the construction or otherwise have an
interest in the property .
This may not necessarily be the owner of the land, but could be the lease-holder
or operator. Here are some examples:
A municipality may decide to build a public parking garage on land that it
owns and a private construction company carries out this work on its
behalf. The organization responsible for compliance with the requirements
for accessible parking would be the municipality
An organization may lease an unused parcel of land to another
organization that then decides to build and maintain a recreational trail on
it. The organization responsible for compliance with the requirements for
trails on the land would be the lease-holder and not the land owner
If an organization has entered into a contract on or before December 31, 2012 to
build a new or make planned significant alterations to an existing public space
and the contract does not meet the requirements of the Standard, the
requirements do not have to be met in honouring the contract. Despite this
exemption, organizations are encouraged to meet the requirements of the Design
of Public Spaces Standard wherever possible.
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Part 3 Working Together: The Code and the AODA
In this section, you will learn about your rights and responsibilities under the Code and the AODA and how they affect you at work, in services and in housing. You will also learn how the Code applies to people with disabilities and about our organization’s duty to accommodate.
The Ontario Human Rights Code is called “the Code”.
The Accessibility for Ontarians with Disabilities Act is called “the AODA”.
The Integrated Accessibility Standards Regulation is called “the IASR”.
They are all laws you must follow.
This section describes our organization’s rights and responsibilities under the
Code and the AODA Standards, as well as how they work together.
The IASR under the AODA requires training about the Code and how it helps
people with disabilities.
The Code has primacy. This means that Ontario laws (with a few exceptions)
have to follow the Code. Its goal is to provide for equal rights so as to create a
climate of respect where everyone feels part of the community and can
contribute fully.
The Code says people with disabilities must be free from discrimination where
they work, live and receive services, and their needs must be accommodated.
The goal of the AODA is for Ontario to be accessible by 2025, by removing and
preventing barriers so that people with disabilities can participate more fully in
communities.
As part of the AODA, the Government of Ontario is developing and enforcing
mandatory province-wide accessibility standards in key areas of daily life. The
first regulation under the AODA was the customer service standard. The next
four standards: Information and Communications, Employment, Transportation
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and Design of Public Spaced are contained in one Regulation called the
Integrated Accessibility Standards Regulation or IASR for short.
The Code and the AODA work together in various ways to promote equality and
accessibility.
The Code has primacy. It overrides the AODA and other provincial laws when
there is a conflict. In fact, the AODA states that if there’s a conflict between it and
any other Act or Regulation, the law offering the higher level of accessibility
comes first.
The Code and the AODA are both provincial laws, and both use the same
definition of disability. They do not apply to the Federal Government and
federally-regulated organizations like banks, airlines and interprovincial
transportation companies…these are covered by the Canadian Human Rights
Act.
While the Code and the AODA work together, they have some important
differences. Under the Code, when a person with a disability needs
accommodation, there is a duty to accommodate. This means organizations may
need to provide an individualized response to an accommodation request. The
Code applies to all Ontario organizations regardless of type and size. This
includes “owner-operator” organizations without employees. It also covers
volunteers and unpaid workers.
The AODA sets Accessibility Standards that organizations must meet. The
human rights principles of the Code help to inform and guide how AODA
standards are to be met. The AODA Standards apply to all organizations (public,
private and not-for-profit) with one or more employees in Ontario. Requirements
depend on an organization’s type and size.
The AODA Standards do not limit or replace the requirements of the Code or any
other law. Meeting AODA Standards does not guarantee that an organization has
met Code requirements or that the organization will not receive human rights
complaints, but it may lower the risk of complaints.
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1. The Code
The Code offers protection of rights, equal opportunity and freedom from
discrimination. It applies to jobs, housing, and services and states that
employers, landlords, and service providers must accommodate people with
disabilities to the point of undue hardship.
Employers must accommodate employees when they cannot perform all of the
duties of the job because of their disabilities. For example, if an employee with
low vision has a job requiring her to work on a computer, accommodating her
needs might include supplying appropriate computer technology.
Accommodation means not denying people jobs or services in the first place if
they can be accommodated to the point of undue hardship Changes to an
organization’s policies and practices or staff training so that discrimination
doesn’t recur may be required.
The Code is not meant to punish. When discrimination happens, the goal is to fix
the situation to provide equal opportunity for the person with a disability. The
Code promotes educating and working with organizations to make changes that
prevent discrimination and harassment.
Many people think of disabilities as noticeable physical disabilities such as
someone using a wheelchair. But not all disabilities are visible and you can not
always tell who has a disability.
In the Code, disabilities can include physical limitations, mental health, cognitive
or intellectual development, learning, hearing or vision. They also can include
epilepsy, substance addictions, environmental sensitivities and workplace
injuries.
The Code protects people from discrimination and harassment because of past,
present or perceived disabilities.
A disability itself is not a barrier, but barriers exist that can exclude people with
disabilities. These include physical barriers, information and communication
barriers, systemic barriers or attitudinal barriers.
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Barriers to accessibility prevent people with disabilities from fully taking part in
the social and economic life of our communities.
Physical barriers include things like providing steps but no ramps or elevators.
Information and communication barriers can make it difficult for people to receive
or give information, such as using unclear language or print that is too small.
Systemic barriers can result from stereotypes or established practices, such as
inflexible work hours that do not coordinate with specialized transit bus
schedules.
And attitude can be the biggest barrier. “Ableism” is a tendency to see people
with disabilities as less worthy, underestimating their potential or excluding them
from decisions that affect them.
Organizations should try to identify and remove barriers before problems arise
instead of waiting to answer individual accommodation requests or complaints.
You can also avoid creating barriers altogether through inclusive planning and
design.
For example, when setting up a new web-site, it should be designed for people
who have sight and hearing disabilities.
2. Understanding the Need to Accommodate
Accommodating the individual needs of people with disabilities is a legal duty
under the Code. This allows people to benefit equally and take part fully in the
workplace, housing, and other services. The most appropriate accommodation is
the one that best meets the individual needs of the person with a disability. You
are only exempt if it would cause undue hardship…a very high test. There is no
set formula for accommodation. Some accommodations can benefit many people
but what works for one person may not work for others. You must consider
individual needs each time a person asks to be accommodated.
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Examples of accommodation include:
Providing printed material in alternative formats such as electronic files,
large print or Braille
Providing sign language interpreters or real-time captioning for people who
are deaf or hard of hearing
Offering flexible work hours or break times
Modifying job duties, retraining, or offering alternative work
Installing automatic door openers and accessible washrooms
Accommodation does not have to be provided if it causes undue hardship.
Undue hardship is the legal limit of the duty to accommodate. It refers to
situations where severe negative effects outweigh the benefit of providing
accommodation. Three factors are used to determine undue hardship:
Costs…renovating an older building to make it accessible may be too
costly for a small business. If the business must reduce staff or hours to
provide the accommodation, then it may be able to claim undue hardship.
Are there external funding sources, such as grants or tax breaks, to reduce
the accommodation costs?
Health and safety considerations
For example, there may be undue hardship if the accommodation violates
occupational health and safety regulations.
Employers must try to keep all workers safe and still accommodate the needs of
the worker with a disability.
If a significant risk remains for others, it will be undue hardship.
If a significant risk remains only for the worker with a disability, they might have
the right to accept the risk.
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The courts have set a very high standard of proof. You must provide clear
evidence if you are claiming undue hardship.
Employers have a duty to accommodate the employee as fully and as promptly
as possible in his or her job.
Modifying job duties might be appropriate in some cases.
If accommodation in the original job is not possible or would cause undue
hardship, consider other available jobs or re-training opportunities that could
accommodate the employee in another job.
We may be held liable if our organization fails to take steps over time to
accommodate employee needs.
Everyone involved must take part in the accommodation process. Sometimes
outside experts can help too.
If you need an accommodation:
Tell your employer, union, landlord or service provider about any needs
related to your disability and your job duties, tenancy or the services being
provided
Provide supporting information about your disability-related needs
including medical or other expert opinions where required
Get involved in seeking accommodation solutions to the best of your ability
An employer, union, landlord or service provider must:
Accept requests for accommodation in good faith
Act promptly, even if it means creating a temporary solution before a long-
term one can be put in place
Ask only for information needed to provide the accommodation
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For example, you may need to know that someone with vision loss is unable to
read printed material but not how or why she lost her vision.
Actively seek appropriate accommodation solutions and ask for expert help
if needed
Cooperate with other parties where necessary
Respect the dignity and privacy of the person asking for accommodation,
and make sure the accommodation process doesn’t lead to reprisals
against that person
Cover the costs of accommodations, such as any needed medical or other
expert opinions or documents, to the point of undue hardship
3. Applying Human Rights Principals
Organizations should follow human rights principles and Code obligations when
implementing the AODA standards. Keep these points in mind:
Do not create new barriers: do not make changes to facilities, services,
goods, technology, or procedures that reinforce or create new barriers.
Design inclusively: make choices that work for as many people as
possible, especially those with disabilities, while meeting individual needs.
Favour integration over segregation: usually the best accommodations
allow people with disabilities to participate in similar ways with everyone
else.
Equal outcomes sometimes require different treatment: different or
separate accommodations may be necessary to help people do their jobs
or access services.
Involve those who need accommodations in exploring solutions: they often
know what works best for them
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Make sure the process and solutions meet the individuals’ needs and
promote privacy, dignity, and respect.
Spread out accessibility costs: people with disabilities should not face extra
costs for accommodations they need to do their job or receive a service
Accessibility should be factored in as part of the overall cost of doing
business
The Code and AODA Accessibility Standards are laws that work together to
promote equality and accessibility in Ontario.
Under the Code, employers must consider disability-related accommodation
requests and provide timely accommodation, from recruiting and hiring through to
retirement or dismissal.
The Employment Standard of the Integrated Accessibility Standards Regulation
builds on these requirements.
Organizations must set up processes to address employee accommodation
needs at all stages of their employment.
Except for small organizations, employers must have a written process to
document an employee’s accommodation needs in an individual accommodation
plan. This important step helps ensure that all the necessary people are involved,
the right steps are taken and the best possible solutions are considered and put
in place.
The Information and Communications Standard and the Transportation Standard
of the IASR also complement the Code’s duty-to-accommodate requirement. As
you implement the Accessibility Standards, please keep in mind the Code
principles and requirements you’ve learned in this training.
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4. Compliance and Enforcement
Understanding and applying human rights principles may help avoid potential
human rights complaints and litigation.
Ontario has three organizations in the human rights system: the Ontario Human
Rights Commission, the Human Rights Tribunal of Ontario, and the Human
Rights Legal Support Centre:
The Human Rights Commission provides policies, guidelines and other
information on Code grounds, including disability and the duty to
accommodate
The Human Rights Tribunal hears discrimination claims (called
applications) on any Code ground. This includes claims from individuals
who believe an organization or person has failed to accommodate
disability-related needs.
The Human Rights Legal Support Centre helps people through the human
rights process, such as completing an application or claim to the Tribunal
Individuals cannot file accessibility complaints under the AODA. But in cases of
non-compliance, the Directorate can enforce standards through mechanisms set
under the law.
Meanwhile, the Accessibility Directorate works with organizations having trouble
meeting the Standards in order to bring them into compliance.
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Accessible Customer Service
This training presentation has been prepared based on the information provided
by the Ministry of Economic Development, Employment and Infrastructure
www.ontario.ca/AccessON
Integrated Accessibility Standards Regulation
Alternate formats of this training are available to take, watch, hear, read or
present
www.AccessForward.ca
Ontario Human Rights Code
To access OHRC’s video, you can visit the Commission’s website
http://www.ohrc.on.ca/en/learning/working-together-code-and-aoda
For any questions on accessibility, please contact:
Manon L. Levesque, Deputy City Clerk and Accessibility Advisor
mlevesque@cornwall.ca
613-930-2787 x 2316
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