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Organizations across Ontario are required to comply with accessibility standards under the Accessibility for Ontarians with Disabilities Act (AODA) and its Integrated Accessibility Standards Regulation.

The Ministry for Seniors and Accessibility recognizes that the COVID-19 outbreak has created challenges for many businesses and non-profit organizations. For that reason, as director authorized by the AODA, I am exercising my discretion under section 14 of the AODA to extend the accessibility compliance reporting deadline from December 31, 2020 to June 30, 2021. This adjusted deadline applies to private sector organizations (i.e. businesses and non-profit), subject to the AODA, that have 20 or more employees in Ontario.

Details on completing and filing an accessibility compliance report are available at Ontario.ca/accessibilityreport.

If you require additional assistance with filing your compliance report, or would like this notice in an alternate format, please contact us at:

• Phone: 1-866-515-2025 / 416-849-8276
• TTY: 1-888-335-6611 / 416-326-0148 / Email: [email protected]

 (Excerpt from a memo sent out on October 5, 2020 by Garth Napier, Director, Compliance and Enforcement Branch, AODA Division, Ministry for Seniors and Accessibility)

The federal government recently announced a call for proposals for the Enabling Accessibility Fund. This is a great time for organizations who are looking to do accessibility improvements to apply for funding to help make our communities and workplaces more accessible.

Eligibility

To receive funding, your organization must be a:

• not-for-profit (an organization that does not make money for itself)
• business (with a maximum of 99 full-time equivalent employees)
• small municipality (with population under 125,000 as per the 2016 Census data)
• Indigenous organization (including band council, tribal council and self-governing organization)
• territorial government

In addition:

• you must submit a complete application package before 3:00 pm (EDT) on July 13, 2020
• your funding request cannot exceed $100,000
• your project cannot exceed 24 months
• your project activities cannot be:
  • on a Government of Canada property
  • in a public hospital
  • in a public school (or on school grounds)
  • in a private home or dwelling
• your organization must not have received funding from the 2018 EAF funding processes for small and mid-sized projects
• your project must be in one of the following:
  • a facility where persons with disabilities work or could work in the future (Workplace Accessibility Stream), or
  • a community space where programs or services are, or will be available for persons with disabilities (Community Accessibility Stream)
• for projects other than ramps, accessible doors and accessible washrooms, you must provide 1 external cost estimate. You must submit a rationale if you cannot provide an estimate and an explanation of how you calculated your project costs

Applications are due July 13, 2020.

Enabling Accessibility Fund Information

With the adoption of An Act to Ensure a Barrier-free Canada (Accessible Canada Act), the Government of Canada is fulfilling its mandate promise to introduce new accessibility legislation. The Accessible Canada Act establishes a framework to create a barrier-free Canada through the proactive identification, removal and prevention of accessibility barriers. It will also ensure that persons with disabilities are no longer required to fight barriers to accessibility on an individual basis.

The Accessible Canada Act applies to the federally regulated private sector, which includes the banking, transportation and telecommunications sectors, as well as the Government of Canada, Crown corporations and Parliament. Under the Act, these organizations will be required to develop and publish accessibility plans that describe how they will identify, remove and prevent barriers to accessibility. They will also be required to establish a mechanism for receiving and addressing feedback on accessibility from anyone who interacts with their organization. Finally, they will have to develop regular progress reports on the implementation of their plan and addressing any feedback they receive.

The Accessible Canada Act also establishes new structures and positions, including:

• the Canadian Accessibility Standards Development Organization (CASDO), led by a board of directors comprised of a majority of persons with disabilities that will develop accessibility standards in collaboration with the disability community and industry;
• a Chief Accessibility Officer, who will advise the Minister of Accessibility and monitor systemic and emerging accessibility issues; and
• an Accessibility Commissioner, who will spearhead compliance and enforcement activities under the legislation.

The next phase of implementation will include the development of standards and regulations that will provide clear guidance on accessibility requirements.

The coming into force of the Accessible Canada Act also legislates National AccessAbility Week as beginning each year on the last Sunday in May, with the objective of promoting accessibility and celebrating the contributions of persons with disabilities across the country. 

Quick Facts

• Approximately one in five Canadians, or about 6.2 million people aged 15 and over, report having a disability that limits them in their daily activities.
• The Accessible Canada Act was developed following the most inclusive and accessible consultations with the disability community in our country’s history. More than 6,000 Canadians and 100 accessibility organizations shared their views and ideas about an accessible Canada.
• Bill C-81, the Accessible Canada Act, was tabled in Parliament on June 20, 2018, and passed by the Senate with amendments on May 13, 2019. The House of Commons concurred with all amendments on May 29, 2019, and the Act received Royal Assent on June 21, 2019.

There was great news announced during this year’s National Accessibility Week – the House of Commons passed all the amendments to Bill C-81, the Accessible Canada Act. Now the only thing left is for the Federal Government to give the bill “Royal Assent” which should be in the next few weeks.

The AODA Alliance has been quick to point out what they feel are serious deficiencies in the bill. For example:

* It gives the Federal Government helpful powers to promote accessibility, but largely does not require that these ever be used. For example, it lets the Federal Government create helpful and enforceable national accessibility standards but does not require the Federal Government to ever do so.

* It provides for helpful enforcement tools but splinters its enforcement across four federal agencies, which is a real disadvantage to people with disabilities.

* It continues to allow federal public money to be used to create or perpetuate accessibility barriers against people with disabilities.

* It lets the Federal Government grant sweeping exemptions from some of the bill’s requirements to regulated organizations, including the Federal Government itself.

* It is excessively complicated and hard to read. This threatens to make it less effective and harder to implement.

As with all things, it’s one step at a time….