Accessibility for Ontarians with Disabilities Act, 2005, accessibility standards, reports, orders and offences
Also known as AODA.
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11
In force since .
An accessibility requirements rule binding public and private bodies.
- Enforcement body
- A director appointed by the Deputy Minister under section 30 of the Act
- Instrument type
- an act of a legislature
- Obligation class
- Reporting, Prohibition
As of .
What it requires
- If an accessibility standard made under the Act applies to you, comply with it within the time period the standard sets (s. 13).
- File an accessibility report with a director annually or at the other times the director specifies, make the filed report available to the public, and include a signed statement certifying that the information is complete and accurate (ss. 14 and 15).
- Small organizations are exempt from filing accessibility reports: those with fewer than 20 employees for every standard, and those with 20 to 49 employees for every standard except customer service (O. Reg. 191/11, s. 86.1).
- At a director's request, provide reports or information on your compliance with the accessibility standards (s. 17).
- Do not give false or misleading information in an accessibility report or to a director, and do not fail to comply with an order of a director or the Tribunal (s. 37 (1)).
- Do not intimidate, coerce, penalize or discriminate against a person because the person sought enforcement of the Act, co-operated with an inspector or provided information in an inspection or proceeding (s. 37 (2)).
- If you are a director or officer of a corporation, take all reasonable care to prevent the corporation from committing an offence under section 37 (s. 37 (4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Giving false or misleading information in an accessibility report or to a director, failing to comply with an order of a director or the Tribunal, obstructing an inspector acting under a search warrant (s. 20 (8)), or intimidating or penalizing a person for seeking enforcement of the Act or co-operating with an inspector (s. 37 (2)) is an offence under section 37 (1); section 37 (3) sets a fine of up to $50,000 for each day or part of a day, or up to $100,000 for each day or part of a day for a corporation. A director or officer of a corporation who fails to take all reasonable care to prevent the corporation's offence is liable to up to $50,000 for each such day (s. 37 (5)).
Penalty structure
Section 37 (3) (b) sets the ceiling for a corporation at $100,000 for each day or part of a day on which the offence occurs or continues; section 37 (3) (a) sets $50,000 for each such day for any other person. A director or officer of a corporation who fails the duty in section 37 (4) is liable to $50,000 for each such day under section 37 (5). A director may separately order an administrative penalty under section 21, in the amount the regulations set.
- Rule
- Per violation only
- As of
- Currency
- CAD
- Per violation unit
- Day
- Per violation amount
- 100,000
Over one month of continuous breach, CAD 3,044,000.
What this law does
Section 4 applies the Act to every person or organization in the public and private sectors of Ontario. Section 6 lets the Lieutenant Governor in Council make regulations establishing accessibility standards. Section 13 requires a person or organization to whom a standard applies to comply with it within the time period the standard sets. Section 14 requires that person or organization to file an accessibility report with a director annually or at the other times the director specifies.
The same section requires the filed report to be made available to the public. Section 21 lets a director order a person or organization that contravened a standard to comply and to pay an administrative penalty. Section 37 makes it an offence to fail to comply with an order of a director or the Tribunal. A fine under section 37 is up to $50,000 for each day or part of a day, and up to $100,000 for each such day if the person is a corporation.
A director or officer of a corporation who fails the duty of reasonable care to prevent an offence is liable to a fine of up to $50,000 for each day or part of a day. Among the changes made by the 2016 amendment is a power for a director to extend the time for compliance to accommodate a person with a disability. The Act came into force on Royal Assent on .
When LexLint raises it
When your app profile says your app ships a consumer interface.