OREA Board of Directors Edward Barisa, Chief Executive Officer OREA Staff Directors. Alison J. Berne General Counsel and Chief Privacy Officer

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1 Memorandum To: CC: From: Presidents and Executive Officers of all Ontario Real Estate Boards OREA Board of Directors Edward Barisa, Chief Executive Officer OREA Staff Directors Alison J. Berne General Counsel and Chief Privacy Officer Date: Re: Delivery: Training and Other Requirements Under the Accessibility for Ontarians with Disabilities Act, 2005 ( AODA ); and Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Via Only EXECUTIVE SUMMARY This memorandum is further to our memoranda of December 5, 2011 and September 24, 2013 (attached as Appendices A and B respectively), which provided an overview of certain requirements under the IAS Regulation. Appendix B of our memorandum of December 5, 2011 specifically referenced the training requirements under the IAS Regulation and the disability related obligations under the Human Rights Code (the Code ), as it pertains to persons with disabilities, that must be completed by January 1, 2015 for large organizations and January 1, 2016 for small organizations pursuant to Section 7 of the IAS Regulation.

2 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 2 of 10 The purpose of this memorandum is to both remind Member Boards of the above-noted requirements and to provide Member Boards with information that will assist in their respective compliance efforts. In this regard, both Curriculum Services Canada and the Ontario Human Rights Commission, each in partnership with the Accessibility Directorate of Ontario, have developed free training modules on the requirements under the IAS Regulation and the disability-related obligations under the Code, respectively, to assist organizations in meeting the requirements under Section 7 of the IAS Regulation. This training is to be completed by all employees, volunteers and others who participate in forming policies in your respective Boards or offer services on your Board s behalf, before the applicable deadline. We request that all Member Boards kindly circulate this covering memorandum to all their respective Members who are Firms and advise them that this memorandum will be posted on the OREA website at under OREA Members > Legal Resource Materials > Access for Ontarians with Disabilities Act 2005 (AODA). This memorandum also highlights other requirements that must be satisfied by January 1, 2015 and beyond under the IAS Regulation, specifically under the Information and Communications Standard and the Employment Standard. ACCESSING THE FREE TRAINING MODULES IAS Regulation Training: To access the training modules, please go to: (Please refer to the information under Content and Formats below prior to commencing the training.) Developed by Curriculum Services Canada with support from the Government of Ontario. Copyright Curriculum Services Canada. All rights reserved. May be used for non-commercial, not-for-profit purposes only in meeting the requirements of the IAS Regulation. The Code Training: To access the training, please go to: (The video has been divided into 5 parts, and takes about 20 minutes to view in total.) Ontario Human Rights Commission: Working Together: The Code and the AODA, e-learning videos for the public, private and not-for-profit sectors developed in partnership with Accessibility Directorate of Ontario for non-commercial purposes only.

3 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 3 of 10 Content Training modules are currently being offered on the following: IAS Regulation: a) General Requirements (approximately 25 minutes) b) Information and Communications Standard (approximately 25 minutes) c) Employment Standard (approximately 20 minutes) d) Transportation Standard e) Design of Public Spaces The Code: a) The Code Training (as it relates to persons with disabilities) (approximately 20 minutes in total) Individuals are required to be trained as needed to perform the duties of their jobs. Therefore, it is important to assess the requirements in the IAS Regulation against the roles or duties of the person(s) within the Member Board/Firm Member. Please note that the training modules provide only a basic overview of the IAS Regulation and some staff may need further training on particular requirements depending on their duties or what they do on a regular basis. Generally speaking, we do recommend that all individuals required to be trained complete the training modules listed above and shaded in blue. Formats The IAS Regulation provides flexibility to each organization to determine the best training method, as there are a variety of ways to conduct the training and various formats of the training. We leave it to you to decide which format of the training modules best suits your organization: 1. Online ( Take it ) The online format is interactive and contains knowledge checks to test the user s understanding as they go through the modules. This format allows individuals to go through each module at their own pace. In addition, it meets accessibility requirements for websites to standards set in the Information and Communications Standard. 2. Text-only ( Read it ) The text-only version of the online modules can be downloaded, read online or printed. 3. PowerPoint slides ( Present it ) This format is particularly useful if you plan to conduct training during meetings or workshops. 4. Audio ( Hear it ) The audio module files can be streamed or downloaded onto an MP3 player. 5. Video ( Watch it ) The PowerPoint modules are also available in video format and include narration. This format is less interactive than the online one. For example, the

4 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 4 of 10 knowledge checks are presented more as reminders of the material just covered. You can stream the videos online or download them in QuickTime MOV format. Your organization may also download the IAS Regulation training modules directly from the AccessForward website ( to your desktop if your organization has a Learning Management System (LMS). By installing the training modules on your LMS platform, your organization will be able to keep track of the number of individuals who have completed the training and the dates. The modules comply with the standards and specifications of SCORM 2004 and SCORM 1.2. For more information on installing the modules onto your organization s LMS, please refer to Appendix C of the reference material developed by Curriculum Services Canada and the Accessibility Directorate of Ontario entitled, Integrated Accessibility Standards Regulation: Your Guide to Section 7 Training, available at TRAINING - DATES FOR COMPLIANCE Based on the number of employees in your organization, the following deadlines for training and requirements for record-keeping of such training under Section 7 of the IAS Regulation apply: Large private and not-for-profit organizations with 50 or more employees Small private and not-for-profit organizations with 1 to 49 employees Deadline for Section 7 Training January 1, 2015 January 1, 2016 Record Keeping Requirements under Section 7 must keep records on the number of individuals who have been trained and the dates that the training was provided do not have to keep records on the training As previously recommended, and if you have not done so already, Member Boards/Firms should assemble a compliance team or a point person to be responsible for administering the training most appropriate to your organization and ensure that all record keeping requirements are met, keeping in mind the above deadlines for compliance depending on the size of your organization. To assist in this regard, we would recommend that you refer to and review the reference material referred to above entitled, Integrated Accessibility Standards Regulation: Your Guide to Section 7 Training, as well as the brochure produced by the Human Rights Commission entitled, Disability and Human Rights available at Both of these reference materials may also be found on OREA s website at under OREA Members > Legal Resource Materials > Access for Ontarians with Disabilities Act 2005 (AODA).

5 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 5 of 10 TRAINING - WHO MUST BE TRAINED Section 7 provides that training is required for all employees and volunteers, all persons who participate in developing your policies and all other persons who provide goods, services or facilities on behalf of your organization. The publication entitled, A Guide to the Integrated Accessibility Standard Regulation, produced by the Government of Ontario and available at and also found on the above-noted section of OREA s website, elaborates further on who should receive the training: The training must be provided to: All employees and volunteers, including paid and unpaid positions Anyone who participates in developing the organization s policies, which might include managers, senior leaders, boards of directors, business owners and independent operating regulated professionals Anyone who provides goods, services or facilities on behalf of the organization, which might include outsourced services, such as payroll, facilities management and contact centres As previously advised, there is no definition of employee in the AODA or in the Accessibility Standards for Customer Service, or in the IAS Regulation, however, the Ministry of Community and Social Services Guide: Accessibility Standards for Customer Service provides the following explanation of employee : [A]ll full-time, part-time, seasonal and contract employees, regardless of status, must be counted when determining the number of employees an organization has. An employee is someone in an employee-employer relationship with an employer. An employer needs to determine who is included as an employee based on the individual situation or circumstances. In most situations it is clear whether someone is an employee or not. Usually this will depend on whether you pay the employee wages or a salary, have control over the work assigned to the employee, and have a right to control the details of the work. You do not include volunteers and independent contractors in the count. However, depending on the work they do for you, they may have to comply with the requirements of the standard. Obligated organizations are responsible for ensuring that the services provided by non-employee on their behalf follow the rules of the standard and may need to ensure these individuals are trained. AFTER THE TRAINING RECORD KEEPING REQUIREMENTS Once each person in your Member Board required to complete this training has done so, you may have them complete the Confirmation of Training form or the Record of Training for group sessions, samples are appended as Appendix H and Appendix I, respectively, in the previously referenced resource material, entitled Integrated Accessibility Standards Regulation: Your Guide to Section 7 Training.

6 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 6 of 10 Your compliance team or point person should retain a Confirmation of Training form for each employee and volunteer in your Member Board or one (1) Record of Training form for your entire group if the training was completed in a group session, no later than the applicable deadline. Upon completion, you may provide them with a Certificate of Training, a sample is appended as Appendix G in the above-noted Integrated Accessibility Standards Regulation: Your Guide to Section 7 Training. As previously advised, the compliance team or a point person should also review their organization s existing policies, and, where appropriate, new policies and procedures should be created to address the new legal requirements. To the extent Member Boards interact with the public, employee training programs should be revised to reflect the new requirements. Similarly, any third-party contracts may need to be revised. For Member Boards, these newly created policies and procedures should be approved by your Board of Directors. Please also note that ongoing training may be required from time to time in respect of any new employees and volunteers that join your organization or change roles within your organization and any changes to the accessibility policies at your organization. Continued on next page

7 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 7 of 10 FUTURE AND FURTHER COMPLIANCE DEADLINES The compliance team or a point person should become familiar with the following requirements and deadlines to ensure compliance with the IAS Regulation: Large private and notfor-profit organizations with 50 or more employees Small private and notfor-profit organizations with 1 to 49 employees Requirement Deadline Deadline Information and Communications Standard Feedback, s. 11 (see below for more info) January 1, 2015 January 1, 2016 Accessible Formats and Communication Supports, s. 12 (see below for more info) January 1, 2016 January 1, 2017 Accessible Websites and Web Content, s. 14 (see below for more info) Level AA by January 1, 2021 Recruitment General, s. 22 Recruitment, Assessment or Selection Process, s. 23 Notice to Successful Applicants, s. 24 Informing Employees of Supports, s. 25 Accessible Formats and Communication Supports for Employees, s. 26 Workplace Emergency Response Information, s. 27 Documented Individual Accommodation Plans, s. 28 Return to Work Process, s. 29 Performance Management, s. 30 Career Development and Advancement, s. 31 Redeployment, s. 32 Employment Standard January 1, 2016 (except for Workplace Emergency Response Information, s. 27, which was due by January 1, 2012, per our memorandum dated December 5, 2011) do not have obligations under this requirement January 1, 2017 The Information and Communications Standard under the IAS Regulation There are a number of specific obligations in the IAS Regulation in relation to how organizations must provide information and communications in accessible formats. The following is simply a brief description of the other requirements under the IAS Regulation, as of January 1, 2015 and

8 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 8 of 10 beyond. For more detailed information, please refer to the previously referenced reference material entitled, A Guide to the Integrated Accessibility Standard Regulation. Feedback All Member Boards/Firm Members with a process(es) for receiving and responding to feedback must make them available to people with disabilities in accessible formats or with appropriate communication supports, on request. This applies only to Member Boards/Firm Members that have processes for receiving and responding to feedback. Member Boards/Firm Members that do not have processes are not required to create such processes. Accessible Formats and Communication Supports Except as otherwise provided, all Member Boards/Firm Members must provide or arrange for the provision of accessible formats and communication supports for persons with disabilities, on request. The information must be provided in a timely manner and at a cost that is no more than the regular price charged to others. The Member Board/Firm Member must consult with the person making the request in determining the suitability of an accessible format or communication support and must notify the public about the availability of accessible formats and communication supports. Accessible Websites and Web Content We have previously provided you with information about this requirement in our memorandum dated December 23, The Employment Standard under the IAS Regulation There are detailed obligations in the IAS Regulation that will impact how organizations relate to their employees throughout the employment cycle: for example, accommodation requirements for individuals during the job application process and throughout all other phases of the employment relationship. Generally, large organizations must comply with the employment standard by January 1, 2016 and small organizations must comply by January 1, ANNUAL ACCESSIBILITY COMPLIANCE REPORT FOR CUSTOMER SERVICE We would also remind you that if you have not done so already for 2014, organizations with more than 20 employees must file the annual Accessibility Compliance Report for customer service, pursuant to Section 14 of the AODA. In this regard, please refer to the Ministry of Community and Social Services Guide: How to Complete Your Accessibility Compliance Report available at and found on OREA s website.

9 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 9 of 10 This memorandum, the attachments and links will also be posted on OREA s website at under OREA Members > Legal Resource Materials > Access for Ontarians with Disabilities Act 2005 (AODA). QUESTIONS/COMMENTS If your Board has comments or questions about the information herein, please address same to Alison Berne at at ext. 621 or by at aberne@orea.com. Attachments: - Appendix A Memo dated December 5, Appendix B Memo dated September 24, 2013 Links to Resources: - Integrated Accessibility Standards Regulation: Your Guide to Section 7 Training - Disability and Human Rights - A Guide to the Integrated Accessibility Standards Regulation - How to Complete Your Accessibility Compliance Report"

10 Integrated Accessibility Standards, Ontario Regulation 191/11 ( IAS Regulation ) Page 10 of 10 NOTICE: Please note that given the various corporate structures of Members that are Firms, these compliance materials and documents may not apply to all Members that are Firms in the same way and it may be necessary to obtain independent legal advice with respect to the compliance under the AODA and regulations thereunder. The materials referred to and provided by OREA to the Member Boards are not legal advice but are intended to provide an overview of the requirements under the AODA and were designed to assist Member Boards in understanding their obligations under the IAS Regulation. This memorandum does not provide a specific compliance solution for each Member Board. Many requirements under the IAS Regulation can be met in a variety of ways depending on the services offered, structure and/or size of the organization; hence, a Member Board may need to seek independent legal advice with respect to compliance under the AODA. PLEASE NOTE: THE PUBLICATION REFERENCED HEREIN ENTITLED INTEGRATED ACCESSIBILITY STANDARDS REGULATION: YOUR GUIDE TO SECTION 7 TRAINING IS PROTECTED BY COPYRIGHT HELD BY CURRICULUM SERVICES CANADA AND THE ACCESSIBILITY DIRECTORATE OF ONTARIO, ALL RIGHTS RESERVED, AND MAY BE USED FOR NON-COMMERCIAL, NOT- FOR-PROFIT PURPOSES IN MEETING THE REQUIREMENTS OF THE INTEGRATED ACCESSIBILITY STANDARDS REGULATION. PLEASE NOTE: THE PUBLICATIONS REFERENCED HEREIN ENTITLED A GUIDE TO THE INTEGRATED ACCESSIBILITY STANDARDS REGULATION ; DISABILITY AND HUMAN RIGHTS ; AND HOW TO COMPLETE YOUR ACCESSIBILITY COMPLIANCE REPORT ARE PROTECTED BY CROWN COPYRIGHT HELD BY THE QUEEN S PRINTER OF ONTARIO. THE ABOVE- NOTED DOCUMENTS MAY BE REPRODUCED FOR NON-COMMERCIAL, NOT- FOR-PROFIT PURPOSES ON THE CONDITION THAT CREDIT IS GIVEN AND THAT COPYRIGHT IS ACKNOWLEDGED AND ALL OTHER CONDITIONS ARE MET.