Compliance and Enforcement under the AODA

Transcription

1 Compliance and Enforcement under the AODA

2 Background With the enactment of the Accessibility for Ontarians with Disabilities Act (AODA), Ontario became the first jurisdiction to mandate accessibility reporting in both the public and private sectors The AODA provides for the development, implementation and the enforcement of accessibility standards to achieve the goal of an Ontario that is accessible for persons with disabilities by 2025 The AODA applies to any organization in Ontario with one of more employees that provides goods or services The standards are being phased in over years to allow organizations the opportunity to meet the requirements and have them implemented in a timely manner A Compliance Assurance Framework that includes a series of processes to make organizations comply with the Act and its standards has been implemented to effectively oversee compliance and enforcement of the AODA 2

3 Compliance and Enforcement Framework Compliance Assistance 1 2 Compliance Improvement 3 Inspections & Enforcement Public Education Audits Inspections Notice of Orders Dedicated Help Desk AccessON website and Resources Return to Compliance Plans Director s Orders With financial penalties Appeals Prosecution

4 Compliance Assistance 1 Compliance Assistance Public Education An emphasis on providing education and outreach that prepares organizations to understand and meet their requirements under the AODA. The Accessibility Directorate of Ontario provides 1:1 assistance through its dedicated Help Desk Dedicated Help Desk AccessON website and Resources Education and awareness efforts also include: Attending key events, conferences, etc Establishing partnerships with key associations and umbrella groups Providing free tools, resources and timelines via the Directorate s online e-wizard available at 4

5 Self-Certification Reporting The ADO oversees compliance with the AODA and its standards primarily through the review of self-certified accessibility reports that organizations must submit to government All public sector, private and non-profit organizations are required to file a report, unless specifically exempt by regulation (i.e., organizations with less than 20 employees) In order to reduce the burden for organizations having to report, the government regulated the following reporting frequency: Private/non-profit sector organizations report every 3 years (2014, 2017, etc.) Public Sector organizations report every 2 years (2015, 2017, etc.) Government of Ontario/Legislative Assembly offices report every year 5

6 Filing your Accessibility Compliance Report Public Sector organizations can access their accessibility compliance report by registering through a ONe-key account Private sector and those not-for-profit organizations with business numbers, can access their accessibility compliance report by registering through a ONe-Source account Once registered, organizations can complete their compliance report on line by: Answering some questions that determine which requirements apply to your organization Answering 4-15 yes/no questions indicating whether your organization is complying with its current requirements Confirming that the person submitting the compliance report has the authority to bind the organization NOTE: While a report can be filled out by anyone in the organization, only a person with the authority to legally bind the organization is permitted to finally sign and submit it. For the purposes of reporting, this person is referred to as the Certifier 6

7 Filing your Accessibility Compliance Report For the current reporting year, the Directorate has developed detailed instructions that walk private and non-profit sector users through the steps to file Accessibility Reports. The instructions are available on the accessibility reporting page at In order to complete the filing process, you will need your organization s: Full contact information 9-digit Business Number Highest employee count during the last 12 months (at any one time) If organizations would rather a printable PDF version of the instructions, there are two versions available (one for private / non-profit sector and one for public sector). To receive a copy, please send your request to accessibility@ontario.ca 7

8 Sample 2014 Report Questions (20-49 Employees) Does your organization comply with the requirements of the customer service standard that came into effect on January 1, 2012? Does your organization have policies, practices and procedures about providing goods or services to people with disabilities? Have you established and documented a process to receive and respond to feedback from the public about how you provide goods or services to people with disabilities, as well as actions that you will take if you receive a complaint? Do you ensure that every person listed below receives training about providing goods or services to people with disabilities: every person who deals with the public or third parties on behalf of your organization, and every person who participates in developing your policies, practices and procedures about providing goods or services. 8

9 Sample 2014 Report Questions (50+ Employees) In addition to the questions listed on the previous slide: Do you make your accessibility policies available to the public? When asked, do you provide tailored emergency response information for your employees who have disabilities? Have you established, implemented, maintained and posted a multi-year accessibility plan? If you have emergency information that you make available to the public: When asked, do you provide emergency procedures, plans or public safety information to the public in an accessible format? If you are an educational or training institution: Do you provide accessibility awareness training to educators? Do you keep a record of the training you have provided? When asked, do you provide educational/training resources/materials, student records or course and program information in an accessible format? If you are a library board: Do you tell the public about the availability of accessible materials? When asked, do you provide access to these materials? If your organization has self-serve kiosks: Do you consider accessibility features when designing and/or buying self-service kiosks? If you have or are planning to have a website: Do your new internet websites and the content in them conform to the World Wide Web Consortium Web content Accessibility Guidelines (WCAG) 2.0 Level A? 9

10 Indicating Non-Compliance on Your Report If an organization answers no to any question on their report, they are highlighting an area of the AODA and its standards that they are not yet complying with The organization will not face any immediate enforcement action; a representative from the ADO will contact them to assist them with meeting their requirements and establish a compliance plan This plan is a negotiated due date for when the organization plans to reach full AODA compliance and re-submit a report indicating so Organizations that prove uncooperative in this process or unwilling to comply with their requirements will be escalated to a Compliance Officer who will focus on compliance improvement 10

11 Compliance Improvement Compliance Improvement 2 Audits Return to Compliance Plans Audits are conducted to ensure that organizations are fulfilling their obligations under the AODA Organizations are selected for audit based on risk and the answers provided in their accessibility report Audits are conducted among organizations that: Fail to submit their accessibility report Submit a report indicating non-compliance (i.e., answered no to one or more report questions) File a report indicating full compliance Are exempt from reporting (i.e., small private sector organizations) May be referred to us by another regulatory ministry. The government is beginning to explore partnerships with organizations who already audit to extend our reach across all sectors (e.g. other regulatory ministries) 11

12 Compliance Improvement During an audit, if an organization is found non-compliant with one or more requirements, we negotiate an individualized Return to Compliance Plan that outlines the steps that must be taken in order for the organization to meet its obligations and avoid further enforcement measures The Compliance Plan provides a deadline for implementing any corrective measures Failure to comply may lead to more stringent enforcement actions, such as Inspections or Directors Orders 12

13 Inspection and Enforcement 3 Inspections & Enforcement Organizations that remain non-compliant, despite being offered compliance supports, can be referred to an AODA Inspector who will determine if enforcement measures are required Inspections Notice of Orders Director s Orders With financial penalties Appeals Prosecution Enforcement measures available to the ADO include: Conducting Inspections on an organization Issuing Director s Orders to comply and/or pay an administrative monetary penalty The government may, in certain circumstances, elect to prosecute through the courts for specified offences under the Act which may result in, upon conviction, fines of up to $50,000 per day for individuals or $100,000 per day for corporations 13

14 Inspection and Enforcement A Notice of Proposed Order must be issued to a non-compliant organization before it can be issued a Director s Order to comply or pay a penalty The Notice of Proposed Order explains why the organization is not in compliance with the law, and what they must do to comply and to avoid a penalty If an organization does not respond to this Notice, they will be issued a Director s Order that states that the organization or individual: Must comply by submitting a report or provide other information as requested May by required to pay an administrative financial penalty Penalty amounts range from $200 to $15,000 depending on the severity of the impact that the contravention will have on people with disabilities and the compliance history of the organization An organization has the right to request a review of a Director s Order within 30 days Organizations may also appeal a Director s Order to the License Appeal Tribunal within 15 days of receiving a Director s Order 14

15 Court Enforcement and Prosecution If an organization does not respond to a Director s Order in any way, they may be faced with fines and prosecution under the law Court Enforcement A Director s Order may by filed with a local registrar of the Superior Court of Justice and enforced by the Court Prosecution Fines can be levied by a provincial court up to $50,000 per day for an individual and $100,00 per day for a corporation 15