ontariogovernment

Much of what we do as housing providers will be influenced in the coming months by three key pieces of legislation: the Accessibility for Ontarians with Disabilities Act (AODA), the Ontario Human Rights Code (OHRC) and the Ontario Building Code (OBC).

What this alphabet soup of rules and regulations have in common is that each will affect the relationships that housing providers have with their applicants, residents and employees. In all likelihood, many housing providers will also see a financial impact resulting from the new laws.

For now let’s focus on the AODA

Ontario has had accessibility legislation in place for some time, not to mention the fact that the Human Rights Code has been in place since 1982. So why the sudden focus on disabilities?

Actually it’s not so unexpected. Quite frankly, Ontario has a pretty poor track record as far as protecting the rights of persons with disabilities. The Ontarians with Disabilities Act (ODA), which immediately pre-dated the AODA, lacked the legislative clout required for proper enforcement. Businesses, employers and others who discriminated against the disabled risked a complaint being filed with the Ontario Human Rights Commission, or even a lawsuit. However, given the expense and time required to carry out such actions, many folks who were allegedly targeted by discrimination simply gave up.

With the proclamation of the AODA in 2005, and the more recent focus on the Act’s Customer Care Standard, businesses and individuals are now concentrating on ensuring that the service they provide is compliant with the legislation. Most of the legislative changes have come about as a result of the Act’s sweeping and comprehensive definition of disability; in fact, the definition of disability in the AODA now mirrors that of the Human Rights Code.

And it’s a long list. According to Section 2 of the AODA, “disability” means:

  1. 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,
  2. a condition of mental impairment or a developmental disability,
  3. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
  4. a mental disorder, or
  5. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997;

So what does all of this mean to housing providers? Well, for one thing we have to make sure that our ducks are in a row, so to speak.

The requirements for the Customer Service standard cover nine areas. Only the first seven apply to private sector or not-for-profit organizations with 1-19 employees. If your organization employs 20 or more individuals, you will also be required to document and report compliance to the Ministry:

  • Policies, practices and procedures
  • Training
  • Feedback process
  • Communication
  • Service Animals
  • Support Persons
  • Notice of temporary disruption of service
  • Documenting your compliance with the regulation
  • Reporting

In addition to the Customer Service Standard, benchmarks are being developed in four key areas of daily living:

  • Built Environment
  • Employment
  • Information and Communications
  • Transportation

Not-for-profit organizations will need to be in compliance with the Customer Service standard by January 1, 2012. The goal is to have standards in place for all 5 areas of the AODA by 2025. So for now the focus is on ensuring that EVERYONE receives equal service predicated on recognizing individual independence, dignity, integration and equality of opportunity.

Eventually, as additional standards are entrenched in law, providers will undoubtedly receive requests for accommodation, which will include everything from widening doorways for wheelchairs and scooters, to installing fire alarms equipped with strobe lights for the hearing impaired, to allowing for the smoking of medical marijuana and creating barriers between those who smoke it and those who don’t.

More information: