The new Accessibility for Ontarians with Disabilities Act (AODA), which was passed by the Ontario Liberals 5 years ago, is certainly not an ambitious piece of legislation given their commitment to make Ontario fully accessible by 2025! It turns out that not only is it lacking ambition, but the standards created so far, fall considerably short of being strong and effective. This unfortunately means even the government’s own chosen date of 2025 (which is legally binding) to make Ontario completely accessible will not be met.
The Accessibility for Ontarians with Disabilities Act replaces the extremely weak Ontarians with Disabilities Act passed by the Conservative government in 2001. The new act requires that accessibility standards be developed and implemented for key areas that affect the daily lives of disabled people. These standards require businesses and governments to remove and prevent barriers to accessibility. There are currently five areas of focus. They include customer service, transportation, employment, information and communication, and the built environment.
It has taken the McGuinty government a ridiculous 5 years just to enact and enforce one standard on Customer Service. It still won’t be completely enforceable for another 2 years. Also, the standard, when it comes to meeting the needs of the disabled, is too weak and completely inadequate. Another on Transportation, which is still in final draft form, fails to even meet the requirements of the Ontario Human Rights Code. The Human Rights Commission had chastised the standard early on for not conforming to the Code.
The present draft standards, for the most part, are weak, ambiguous, and incomplete, with timelines for requirements set too generously. They basically let businesses off the hook. It should be noted that we have no idea what the McGuinty government will enact in the end but the hope is for something much better than what is presently outlined. If the customer service standard is any indication, don’t expect much. Also, only five standards have been outlined since the passage of the AODA. These five are not enough to cover all areas that affect the daily lives of disabled people. More standards are needed, especially in areas such as education and tourism, but the McGuinty government still has done nothing.
Of course, no standard can be effective without strong and appropriate enforcement. Otherwise, organizations will simply ignore the law. The McGuinty government has not adequately addressed this area as well. The AODA does provide some enforcement mechanisms but the government has done basically nothing to implement them. Instead, the McGuinty government has decided to give businesses the responsibility for overseeing their own compliance with the standards. This is like the fox guarding the hen house. It just doesn’t work.
The McGuinty government must follow through with AODA enforcement measures. The act requires one or more tribunals to be created within a reasonable time after the first standard is established. The tribunals would oversee complaints and help with enforcement. The act further requires one or more inspectors be appointed within a reasonable time after the first standard is established. The McGuinty government has yet to take action on these two requirements even though the customer service standard came into being two years ago. It also remains to be seen, if enacted, how effectively these measure will be implemented. Other enforcement measures should include a process for individuals to lodge complaints against businesses who fail to comply with the standards.
A strong and effective AODA requires tough, comprehensive standards and adequate enforcement measures, all created within a reasonable time. This will not be achieved unless the McGuinty government stops trying to appease business interests at the expense of the disabled community. It’s not too late for the government to show leadership and deliver an act that truly addresses the needs of the disabled.
Charles Beer, a former Liberal MPP, hired to conduct an independent review of the AODA’s effectiveness, will soon release his report. Hopefully, the report will point out the significant failures of the act so far and will nudge the McGuinty government into doing what is right.
David Brock's Blog 