Integrated Accessibility Standards Regulation, accessible educational resources, educator training and libraries of educational and training institutions
O. Reg. 191/11, ss. 15, 16 and 18 (educational and training institutions)
In force since .
An accessibility requirements rule binding private bodies.
As of .
What it requires
- If you are an educational or training institution within section 15 (2), such as a career college or a private school, and notification of need is given, provide educational or training resources or materials in an accessible format that takes into account the accessibility needs due to disability of the person to whom they are to be provided, by procuring or obtaining by other means an accessible or conversion ready electronic format where available, or by arranging for a comparable resource in an accessible or conversion ready electronic format if the resources or materials cannot be procured, obtained by other means or converted into an accessible format (s. 15 (1), paragraph 1).
- If notification of need is given, provide student records and information on program requirements, availability and descriptions in an accessible format to persons with disabilities (s. 15 (1), paragraph 2).
- Provide educators, meaning employees involved in program or course design, delivery and instruction, with accessibility awareness training related to accessible program or course delivery and instruction, in addition to the training section 7 requires, and keep a record of the training with the dates on which it is provided and the number of individuals to whom it is provided (s. 16 (1), (2) and (4)).
- If you operate a library of an educational or training institution, then on request provide, procure or acquire by other means, where available, an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability (s. 18 (1)).
- Special collections, archival materials, rare books and donations are exempt from the library duty (s. 18 (2)).
- Meet section 18 for print-based resources or materials from and for digital or multimedia resources or materials from (s. 18 (3)).
- Sections 15 and 16 applied to large organizations from and to small organizations from under the schedules as filed; Ontario Regulation 165/16 revoked those schedules (ss. 15 (3) and 16 (3) as filed; O. Reg. 165/16, s. 8).
- Sections 15, 16 and 18 bind every obligated organization of the kind each names, large or small; an obligated organization provides goods, services or facilities to the public or other third parties and has at least one employee in Ontario (ss. 1 (3) and 2).
- The information and communications standards do not apply to products and product labels except as Part II specifically provides, to unconvertible information or communications (it is not technically feasible to convert them, or the technology to convert them cannot readily be obtained), or to information you do not control directly or indirectly through a contractual relationship, except as sections 15 and 18 require; if you treat information as unconvertible, give the requester an explanation and a summary (s. 9 (2) to (4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
A director sets the administrative penalty from Schedule 3 for a corporation ($500 to $15,000) or Schedule 2 for an individual or unincorporated organization ($200 to $2,000), by the impact of the contravention and the contravention history (s. 83 (1)). Only where both are major may the director treat that penalty as a daily penalty, so $15,000 a day for a corporation to a maximum of $100,000, and $2,000 a day for an individual or unincorporated organization to a maximum of $50,000.
- Rule
- Per violation only
- As of
- Currency
- CAD
- Fixed cap
- 100,000
- Per violation unit
- Day
- Per violation amount
- 15,000
Over one month, CAD 100,000, which is the instrument's own cap: the penalty stops accruing on day 7.
Who enforces it
Enforcement body
A director appointed under section 30 of the Accessibility for Ontarians with Disabilities Act, 2005
What it reaches
Instrument type
a regulation made under an act
Obligation class
Governance, Disclosure
Applicability criteria
Section 15 (2) also names an organization governed by the Education Act, which covers school boards, and a designated public sector organization described in paragraph 3 or 4 of Schedule 1, and those public classes are covered on law.ungovr.org in the public-sector accessibility entry for Ontario.
- As of
- Combinator
- Any of
- Criteria
- is governed by the Ontario Career Colleges Act, 2005
- offers all or part of a post-secondary program leading to a degree pursuant to a consent granted under the Post-secondary Education Choice and Excellence Act, 2000
- is a private organization that provides courses or programs or both that result in the acquisition by students of a diploma or certificate named by the Minister of Education under paragraph 1 of subsection 8 (1) of the Education Act
- is a private school within the meaning of the Education Act
What this law does
Section 15 (1) requires every obligated organization that is an educational or training institution, if notification of need is given, to provide educational or training resources or materials in an accessible format.
The institution does so by procuring through purchase or obtaining by other means an accessible or conversion ready electronic format of the resources or materials, where available, or by arranging for a comparable resource in an accessible or conversion ready electronic format if they cannot be procured, obtained by other means or converted.
Section 15 (1) also requires the institution to provide student records and information on program requirements, availability and descriptions in an accessible format to persons with disabilities.
Section 15 (2) defines an educational or training institution as an obligated organization governed by the Education Act or the Ontario Career Colleges Act, 2005, one that offers all or part of a post-secondary program leading to a degree under a consent granted under the Post-secondary Education Choice and Excellence Act, 2000, a designated public sector organization described in paragraph 3 or 4 of Schedule 1, a public or private organization that provides courses or programs that result in a diploma or certificate named by the Minister of Education, or a private school within the meaning of the Education Act.
As filed, section 15 (3) required large organizations to meet the section from and small organizations from . Ontario Regulation 165/16 revoked subsections 15 (3) and 16 (3). Section 16 (1) requires obligated organizations that are school boards or educational or training institutions, in addition to the training that section 7 requires, to provide educators with accessibility awareness training related to accessible program or course delivery and instruction.
Section 16 (2) requires them to keep a record of the training, including the dates on which it is provided and the number of individuals to whom it is provided. Educators are employees who are involved in program or course design, delivery and instruction, including staff of school boards. Section 16 (3) as filed set the same dates for the section.
Section 18 (1) requires the libraries of educational or training institutions that are obligated organizations, where available, to provide, procure or acquire by other means an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability, upon request. Section 18 (2) exempts special collections, archival materials, rare books and donations from that requirement.
Section 18 (3) requires print-based resources or materials to meet it by and digital or multimedia resources or materials by . The information and communications standards do not apply to products and product labels except as the Part specifically provides, to unconvertible information or communications, or to information the organization does not control directly or indirectly through a contractual relationship, except as sections 15 and 18 require.
They are unconvertible if it is not technically feasible to convert them. They are also unconvertible if the technology to convert them cannot readily be obtained. If an obligated organization determines that information or communications are unconvertible, it must give the requester an explanation as to why and a summary of the unconvertible information or communications.
When LexLint raises it
When your app profile says your app ships a consumer interface.