Filing your AODA compliance report is a legal obligation under the Accessibility for Ontarians with Disabilities Act and the December 31, 2023, deadline is quickly approaching! Businesses with at least one (1) employee in Ontario must comply with the AODA. Here is what you need to know about your compliance requirements and filing the accessibility report.
What is the AODA and IASR?
The AODA and IASR work together to promote accessibility, remove barriers, and create a more inclusive environment for persons with disabilities in Ontario. The goal is to make Ontario accessible to persons with disabilities by the year 2025.
AODA (Accessibility for Ontarians with Disabilities Act):
- The AODA is provincial legislation in Ontario aimed at creating a more accessible and inclusive society for persons with disabilities.
- Its purpose is to identify, remove, and prevent barriers to persons with disabilities in various areas of daily life.
- The AODA includes five key standards:
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- Customer Service: Ensures accessible services for people with disabilities.
- Information and Communication: Addresses accessible formats and communication supports.
- Employment: Promotes equal employment opportunities.
- Transportation: Enhances accessibility in public transportation.
- Design of Public Spaces: Focuses on accessible outdoor spaces and buildings.
- Organizations must comply with AODA requirements based on their size and type of operation. For further information on the requirements under the AODA based on your size, see below.
IASR (Integrated Accessibility Standards Regulation):
- The IASR is a regulation under the AODA that provides detailed requirements for organizations to follow in specific areas, including:
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- Customer Service: Ensures accessible services for people with disabilities.
- Information and Communication: Ensuring accessible formats and communication supports.
- Employment: Addressing recruitment, accommodation, and training.
- Transportation: Improving accessibility in transportation services.
- Design of Public Spaces: Ensuring outdoor spaces are accessible.
- The IASR sets standards and timelines for compliance, emphasizing the importance of accessibility planning and implementation.
What is the AODA Compliance Report?
The AODA compliance report for 2023 is a requirement for organizations in Ontario to confirm their adherence to accessibility standards under the Accessibility for Ontarians with Disabilities Act (AODA).
1. Who Must File the Report:
- Businesses and non-profit organizations with 20 or more employees must submit an accessibility compliance report every three years.
- Designated public-sector organizations, including municipalities and other entities identified in Schedule 1 of Ontario Regulation 191/11 or Table 1 of Ontario Regulation 146/10, must file a report every two years.
2. Purpose of the Report:
- The compliance report serves as confirmation that the organization has met its current accessibility requirements under the AODA.
- Filing the report is a legal obligation under the AODA.
- Failure to complete the report may result in enforcement measures, including financial penalties.
3. Information Needed for the Report:
- To complete the form, organizations require the following information:
- Legal name of the organization.
- Business number (BN9), found in the federal or provincial tax return.
- Number of employees.
4. Deadline for the 2023 Report:
- The reporting deadline for the 2023 accessibility compliance report is December 31, 2023.
For a free compliance report checklist, click here.
How to comply with the AODA Compliance Report
To comply with the AODA compliance report for 2023, follow these steps based on the type and size of your organization:
1. Businesses or Non-Profit Organizations with 20 or More Employees:
- You must file an accessibility compliance report every three years.
- Your reporting deadline is December 31, 2023.
- The report confirms that you have met your current accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA).
- Ensure you have the following information ready:
- Legal name of your organization.
- Business number (BN9) found in your federal or provincial tax return.
- Number of employees.
- Information on how you can download the form can be found here.
2. Designated Public Sector Organizations (including municipalities and other organizations identified in Schedule 1 of Ontario Regulation 191/11 or Table 1 of Ontario Regulation 146/10):
- You must file an accessibility compliance report every two years.
- Your reporting deadline is December 31, 2023.
- The report confirms your organization’s compliance with AODA requirements.
- Use the same form and ensure you have the necessary information as mentioned above.
Remember that filing your report is a legal obligation under the AODA. If you need assistance, contact our team, we would be happy to help!
For further information on what your business must do to comply with the AODA based on the number of employees in your business, see below.
Businesses with less than 20 employees
Businesses and non-profit organizations in Ontario with fewer than 20 employees must still comply with the Accessibility for Ontarians with Disabilities Act (AODA). Although they are not required to file an accessibility compliance report, they should take the following steps to achieve accessibility:
1. Create Accessibility Policies:
- Even if you have fewer than 20 employees, you are required to create policies to help achieve your accessibility goals.
- While documenting these policies is not mandatory, it’s a good practice to do so.
2. Update Your Organization’s Profile:
- Use the Organization Profile Update Form to keep your information current.
- You can use this form to update your address, primary contact information, and business status.
Businesses with 20 or more employees
Businesses and non-profit organizations in Ontario with 20 or more employees must adhere to the Accessibility for Ontarians with Disabilities Act (AODA) requirements. Here are the key compliance requirements:
1. Accessibility Compliance Report:
- Organizations with 20 or more employees must file an accessibility compliance report every three years.
- The deadline for the 2023 report is December 31, 2023.
2. Counting Employees:
- When determining the number of employees, include:
- Full-time employees.
- Part-time employees.
- Seasonal employees.
- Contract workers.
- Do not count employees outside Ontario, volunteers, or independent contractors.
- Ensure that services provided by volunteers or independent contractors align with Ontario’s accessibility standards.
3. Create Accessibility Policies:
- Organizations must develop policies to achieve their accessibility goals.
- While documenting these policies is not mandatory, it is advisable to do so.
Businesses with 50 or more employees
Businesses and non-profit organizations in Ontario with 50 or more employees have specific AODA compliance requirements.
1. Multi-Year Accessibility Plan:
Large organizations (defined as those with at least 50 employees in Ontario) must:
- Establish, implement, maintain, and document a multi-year accessibility plan.
- This plan outlines the organization’s strategy to prevent and remove barriers.
- The plan must meet the requirements under the Integrated Accessibility Standards Regulation (IASR).
- Post the accessibility plan on their website (if applicable) and provide it in an accessible format upon request.
- Review and update the accessibility plan at least once every five years. If you require assistance developing your plan, reach out to our team, we’d be happy to help!
2. Website Accessibility:
- By January 1, 2021, all designated public sector organizations, as well as private and nonprofit organizations with 50 or more employees in Ontario, were required to ensure their internet websites and web content conform with the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.
- For compliance details, click here.
3. Accessibility Compliance Report:
- Organizations with 20 or more employees must file an accessibility compliance report every three years.
- The deadline for the 2023 report is December 31, 2023.
Training Requirements
AODA training compliance requirements ensure that organizations in Ontario create an accessible and inclusive environment for people with disabilities.
1. Who Needs Training:
All designated public sector organizations, businesses, and non-profit organizations with one or more employees must provide training to:
- All employees and volunteers (paid and unpaid, full-time, part-time, and contract positions).
- Anyone involved in developing your organization’s policies (including managers, senior leaders, directors, board members, and owners).
- Anyone who provides goods, services, or facilities to customers on your organization’s behalf (such as external contact centers or facilities management companies).
Employees working outside of Ontario are not required to receive this training.
2. Training Topics:
Organizations must train their employees on the following:
- Accessible customer service: How to interact with people with various types of disabilities, including those who use assistive devices, service animals, or support persons.
- Work-related accessibility training relevant to employees’ responsibilities.
- The Ontario Human Rights Code as it relates to people with disabilities.
- Changes to your organization’s accessibility policies.
3. Customer Interaction:
Employees must learn how to interact with people with different disabilities, including customers accessing goods, services, or facilities.
Training should cover:
- Purpose of the Accessibility for Ontarians with Disabilities Act (AODA).
- Overview of the requirements of the customer service standard.
- Your organization’s policy on providing accessible customer service.
- How to use equipment or devices available to assist people with disabilities (e.g., screen readers, lifts, TTY phone lines).
4. Resources:
Click Here to train your employees and meet your training obligations prior to filing your compliance report.