Barrie Construction Association August 19, 2011

1. Overview of the Integrated Accessibility Standards Regulation (IASR) under the Accessibility for Ontarians with Disabilities Act, 2005 Barrie Construction AssociationAugust 19, 2011 Accessibility Directorate of OntarioMinistry of Community and Social Services

2. Context • The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) establishes the goal of an accessible Ontario by 2025 to be achieved through the implementation of mandatory accessibility standards • Government directed the development of accessibility standards in five key areas of daily living: • Customer Service • Information and Communications • Employment • Transportation • Built Environment • The first accessibility standard, Customer Service, is now law • Designated public sector organizations were required to comply with the Customer Service Standard by January 1, 2010. • Private and not-for-profit sector organizations must comply by January 1, 2012 • The Integrated Accessibility Standards Regulation (IASR) came into force on July 1, 2011. It brings the following standards together under one regulation: • Information and Communications • Employment • Transportation • The IASR also implements two key components of the AODA Compliance Assurance Framework: • Designating the Licence Appeal Tribunal to hear appeals of director’s orders • Establishing administrative monetary penalties to deal with non-compliance

3. Why Accessibility Makes Sense The numbers • About 1.85 million people in Ontario have disabilities; that’s 15.5% of Ontario’s population • As the population ages, the number of Ontarians with a disability will increase, as will the need for accessibility The case for employment • Untapped labour market potential • Unemployment rate five times as high The case for accessible business • People with disabilities do business, ship and travel with their friends and families in our communities, just like everyone else • By learning how to serve people with disabilities, businesses may attract more customers, build customer loyalty and improve their services for everyone

4. Accessibility Standards for Customer Service • The customer service standard (Ontario Regulation 429/07) was the first accessibility standard under the AODA • It came into force January 1, 2008 Timelines for compliance and reporting: • Broader Public Sector (BPS) compliance date was January 1, 2010: 100% compliance reporting rate • Organizations in the private and non-profit sectors, with 20 or more employees, must comply by January 1, 2012, and file a report in 2012 • Organizations in the private and non-profit sector, with one to 19 employees, must comply by January 1, 2012, but are exempted from reporting

5. Customer Service Standard Highlights • Set up policies, practices and procedures on: • providing goods or services to people with disabilities • the use of assistive devices • service animals and support persons – must be allowed in areas open to the public • Ensure policies, practices and procedures are consistent with key principles of: • independence • dignity • integration • equality of opportunity

6. Customer Service Standard Highlights • Provide training to: • staff, volunteers, contractors, and anyone who deals with the public on behalf of the provider • anyone involved in developing customer service policies, practices and procedures • Communicate in a manner that takes a person’s disability into account • Let people know aheadof time what, if any, admission fee will be charged for a support person • Let the public know when facilities or services are temporarily not available • Set up a process to receive and respond to feedback

7. Open and Inclusive Development Process • The public has had a total of four opportunities to review and/or provide feedback on proposed requirements of the IAR • Standards Development Committees (SDCs) were required to post their initial proposed standards for public feedback (generally 60-80 days) • Government posted SDCs’ final proposed standards for public information • 45-day Open for Business Strategy posting in fall 2010 • 45-day AODA posting from February 1 to March 18, 2011

8. Overview of the IASR • The IASR is divided into five sections: • General • Information and Communications Standard • Employment Standard • Transportation Standard • Compliance • The IASR applies to the public, private and not-for-profit sectors in Ontario (approximately 360,000 organizations) • The IASR applies only to those organizations with at least one employee (i.e. a self-employed individual with no employees would not have obligations under the IASR)

9. Highlights of Regulatory Requirements Part I – General • The General section explains the relationship between the IASR and the Ontario Human Rights Code (the Code) and harmonizes common requirements across the three standards to reduce burden and cost, including: • Development of policies to support each accessibility standard • Training of employees on the requirements of the IASR and the Code that is appropriate to their duties • Establishing and maintaining a multi-year accessibility plan outlining strategies to prevent and remove barriers • Plans must be posted on organizations’ websites and made available in an accessible format upon request • Plans must be reviewed and updated at least every five years • Public sector organizations are required to report annually on progress of implementing measures outlined in the plan • Public sector organizations are required to incorporate accessibility criteria and features when procuring or acquiring goods, service or facilities, except where not practicable • Public sector organizations are required to incorporate accessibility features and the private sector organizations will have regard for accessibility features when designing, procuring or acquiring kiosk technology

10. Highlights of Regulatory Requirements Part II – Information and Communications Standard • The Information and Communications Standard outlines how organizations will be required to create, provide and receive information and communications in ways that are accessible for people with disabilities (e.g. Braille, large print and electronic formats that can be used by screen readers) Website Accessibility: Government of Ontario: • Beginning January 1, 2012, new internet and intranet websites and web content on those sites must conform with WCAG 2.0 Level AA (excluding live captioning and audio description) • By January 1, 2016, all internet websites and web content must conform with WCAG 2.0 Level AA (excluding live captioning and audio description) • By January 1, 2020, all internet and intranet websites must conform with WCAG 2.0 Level AA Designatedpublic sector and large private sector organizations: • Beginning January 1, 2014, new internet websites and web content on those sites must conform with WCAG 2.0 Level A • By January 1, 2021, all internet websites and web content must conform with WCAG 2.0 Level AA (excluding live captioning and audio description) Notes: • Requirements only apply to : • websites/content that an organization controls directly or through a contractual relationship; • web content published on a website after January 1, 2012; and • websites/content, except where meeting the requirements is not practicable • Private and not-for-profit organizations with 1-49 employees will not have requirements at this time • “New” website defined as new domain name or existing site with significant re-build

11. Highlights of Regulatory Requirements Part II – Information and Communications Standard (cont’d) • Organizations will be required to provide or arrange for the provision of accessible formats and communications supports for persons with disabilities in a timely manner and at no extra cost than the regular cost charged to other persons • Organizations will consult with the person making the request to determine the best format to meet the individual’s needs, but final decision remains with the organization • Educational institutions will be required to: • Provide information and communications in an accessible format, including textbooks and other materials in electronic conversion-ready formats • Provide educators with accessibility awareness training related to accessible program or course delivery and instruction • Producers of educational or training materials will be required to provide educational institutions with accessible formats of textbooks, etc. • Public libraries will be required to provide access to a collection of books and other materials in an accessible format

12. Highlights of Regulatory Requirements Part III – Employment Standard • The Employment Standard builds upon organizations’ existing requirements under the Ontario Human Rights Code to accommodate persons with disabilities, to the point of undue hardship. • Will require that employers establish processes to ensure that: • Recruitment is accessible (e.g. accommodations for interviews) • Workplace information and communications are provided in accessible formats • Employees with disabilities are provided with individualized workplace emergency response information • Individual accommodation plans are developed to accommodate persons with disabilities • Employees returning to work after disability-related absences are accommodated • An employee’s accessibility needs are considered through the full spectrum of employment opportunities, including performance management, career development and redeployment • Small private and not-for-profit organizations will be required to meet the requirements of the Employment Standard, but will not have to document these processes

13. Highlights of Regulatory Requirements Part IV – Transportation Standard • The Transportation Standard will make it easier for people to travel in Ontario, including persons with disabilities, older Ontarians and families traveling with children in strollers • The Transportation Standard will apply to conventional (e.g. TTC) and specialized (e.g. WheelTrans) public passenger transportation services under provincial and municipal jurisdiction, ferries, other public transportation services (e.g. school buses, public transportation provided by universities and hospitals) and municipalities that license taxicabs • Conventional transportation requirements include: • Technical Requirements (e.g. route signage, lifting devices, steps, grab bars/handrails, floor surfaces, aisles, lighting) • Passengers to board/de-board at closest safe location if stops not accessible • Persons with disabilities cannot be charged a higher fare than a person without a disability • Announcements on vehicles, both verbally and visually • Persons or organizations providing booked services provide accessible vehicles and equivalent service upon request, and may contract/co-ordinate with other transportation providers to provide equivalent services • New and used purchased vehicles will be required to meet accessibility provisions in accordance with regulated timelines • Where used vehicles are purchased, some exemptions have been allowed (i.e., where retrofitting would impact the structure of the vehicle resulting in safety issues)

14. Highlights of Regulatory Requirements Part IV – Transportation Standards (cont’d) Specialized Transportation: • Eligibility determination process developed and made public • Operators will not be able to limit services unreasonably • Transportation providers will be required to develop policies on how companions and visitors to the area will be provided services • Equal fare to conventional transportation system • Passengers notified on duration of pick-up delays (30 min) • Hours/days of service must be the same as conventional transit, in the same area • Transportation providers will be required to highlight steps to be taken to reduce wait times for specialized transportation services Duties of Municipalities: • Required to consult with the public in development of accessible design criteria in the construction, renovation, or replacement of bus stops/shelters, including steps to meet the goal of accessible stops/shelters • Required to consult with the public to determine proportion of accessible taxicabs required in the community, including steps to meet the need • Ensure taxicabs do not charge a higher fare or additional fee to persons with disabilities • Ensure taxicabs have appropriate information displayed both on the rear bumper and available in an accessible format to passengers

15. Highlights of Regulatory Requirements Part V – Compliance • Establishes an Administrative Monetary Penalties Program that prescribes the administrative penalties • Use of administrative monetary penalties will be considered an avenue of last resort when all other compliance assistance and improvement options have been exhausted • Designates the Licence Appeal Tribunal (LAT) to hear appeals of Directors Orders under the AODA • The LAT will hear appeals from organizations of director’s orders, but not individual complaints. Individuals who feel that their human rights have not been met would continue to complain to the Ontario Human Rights Commission • In order for compliance and enforcement activities to apply to the Customer Service Regulation, a housekeeping amendment of Ontario Regulation 429/07 (Customer Service Standard) is required

16. Built Environment Standard – Current Status Final Proposed Accessible Built Environment Standard • The final proposed standard was submitted to government for consideration in July 2010 • The final proposed standard contains recommendations that build on existing requirements within the Ontario Building Code (OBC), as well a some that are beyond the current scope of the OBC (ie. exterior elements such as playgrounds, picnic areas, parking etc.) • On September 9, 2010 the final proposed standard was posted on the ministry website for public information purposes for a 60 day period which concluded on November 12, 2010 • Government has indicated that any future requirements will be on a go-forward basis. There will not be requirements to retrofit buildings at this time.

17. Compliance Assistance Strategy The Accessibility Directorate reaches out to obligated organizations to assist them in meeting requirements of accessibility standards: • Develop and distribute compliance assistance information and resources through key channels: • ministry website • key events and conferences • inclusion of information on stakeholder websites, newsletters and publications • Strategic public and private sector partnerships with key provincial umbrella organizations • AODA Contact Centre (ServiceOntario) dedicated to answering enquiries about the AODA and accessibility standards

18. COMPLIANCE ASSISTANCE - targeted Compliant with compliance assistance: Help desk Automated reminders Notice of non-compliance COMPLIANCE IMPROVEMENT Non-compliant or did not file : Returned to compliance by: 1:1 contact Desk audit Field visit COMPLIANCE ASSISTANCE - general Compliant with education and outreach efforts ENFORCEMENT Persistent non-compliance: Consider I&E Beyond compliant: Incentives in future Approach to Compliance - Summary

19. Compliance assistance – (supported by public education and awareness) 360,000 organizations will be required to comply with standards Completed Self-certification accessibility reporting – 60,000 obligated organizations required to report Reports audited; risk assessment used to determine follow-up – Non-compliant reports, non-filers, patterns of complaints Inspections & Enforcement Orders & penalties – Based on risk & severity of violation Development Underway Compliance Assurance Framework

20. AccessON www.ontario.ca/AccessON “What do I need to do?” AODA Contact Centre (ServiceOntario) Toll-Free: 1-866-515-2025 TTY: 416-325-3408 / 1-800-268-7095 Fax: 416-325-3407 ServiceOntario Publications (to order resources online): www.publications.serviceontario.ca Appendix A: Links and Resources