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AODA Accessibility for Ontarians with Disabilities Act

AODA Accessibility for Ontarians with Disabilities Act. Presented at the Special Education Forum – TDSB Ward 2 December 4, 2012. SSEN 2012. A little bit of history. UN Declaration of Human Rights (62 years ago) http://www.un.org/rights/50/decla.htm Ontario Human Rights Code (50 years ago)

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AODA Accessibility for Ontarians with Disabilities Act

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  1. AODA Accessibility for Ontarians with Disabilities Act Presented at the Special Education Forum – TDSB Ward 2 December 4, 2012 SSEN 2012

  2. A little bit of history • UN Declaration of Human Rights (62 years ago) • http://www.un.org/rights/50/decla.htm • Ontario Human Rights Code (50 years ago) • Canadian Human Rights Act (35 years ago) • The Constitution – Canada Act (30 years ago) • Ontarians with Disability Act (ODA) 2001 (11 yr ago) • Accessibility for Ontarians with Disability – AODA 2005 (7 years ago) Accessibility Standards SSEN 2012

  3. Why do we need the AODA? • Preamble: “history of discrimination against persons with disabilities in Ontario” • Set out measures, policies, practices • Identify and remove barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises • Prevent erection of such barriers  Policies; Procedures; Attitudinal SSEN 2012

  4. What will the AODA do? • Develop, implement, and enforce Accessibility Standards: 5 in total • CUSTOMER SERVICE (2008) • Information and Communication (2011) • Employment • Transportation • Built environment (not yet legislated) SSEN 2012

  5. Customer Service Standard • The Accessible Customer Service Standard (SCC) is the first one to become law, January 2008. • Purpose and application: • To establish accessibility standards for customer service SSEN 2012

  6. Who is affected • It applies to every designated public sector organization • To every person or organization that provides goods or services to the public • And that has at least one employee in Ontario. SSEN 2012

  7. Schools too? • Schedule 2BROADER PUBLIC SECTOR • 1. Every district school board as defined in section 1 of the Education Act. SSEN 2012

  8. When? • Effective dates • Designated public sector organizations on and after January 1, 2010 • and to other providers of goods or services on and after January 1, 2012. SSEN 2012

  9. What do we need to do? • Establish policies, practices and procedures for goods or services to PWD • Such policies should be consistent with: • Respects the dignity and independence of persons with disabilities. • Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services. • Communicating with a PWD taking into account the person's disability. SSEN 2012

  10. How do we do this? Training • 1. Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise. • 2. Every person who participates in developing the provider's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. SSEN 2012

  11. What kind of training? • Review of the PURPOSE of the Act and the requirements of this Regulation and instruction about the following matters: • 1. Communicate with persons with various types of disability. • 2. Interact with PWD who use assistive devices; require the assistance of a service animal or of a support person. • 3. How to use equipment or devices on the provider's premises that may help deliver services to a PWD. • 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services. SSEN 2012

  12. More on training • The training must be provided to each person as soon as practicable after he or she is assigned the applicable duties. • Training must be provided on an ongoing basis in connection with changes to the policies, practices and procedures. SSEN 2012

  13. What to do if…? • Someone feels the service is not accessible? • A Feedback process for providers of goods or services should be in place and the customer should have options to provide feedback • The feedback process must specify the actions that the provider of goods or services is required to take if a complaint is received. SSEN 2012

  14. What we do if there’s problems? • Notice of temporary disruptions • For disruption on services frequently used by PWD • In a manner that is accessible • Including anticipated duration of disruption or alternative facilities or services SSEN 2012

  15. Should we tell people? • YES!!! • The law expects you to tell your customers that you have Policies and procedures regarding the CSS. • The TDSB has two links on their website since 2009 • Every organization with 20 employees or more must also have a plan and presented to anyone who asks. SSEN 2012

  16. QUESTIONS? SSEN 2012

  17. Reference • The latest version of the AODA is found at: http://www.search.e-laws.gov.on.ca/en/isysquery/42e0996b-813f-4e97-a3a4-4af2c4608cf5/1/doc/?search=browseStatutes&context=#hit1 • Accessible Customer Service Standard: http://www.search.e-laws.gov.on.ca/en/isysquery/3bfd1b40-a2ae-402a-acf2-9f8150003444/9/doc/?search=browseStatutes&context=#hit1 • Supreme Court of Canada: Moore v British Columbia (Education) http://canlii.ca/en/ca/scc/doc/2012/2012scc61/2012scc61.html • Ministry Community Social Services: Summary of Requirements http://www.tdsb.on.ca/wwwdocuments/about_us/about_us/docs/SummaryofRequirements%20-%20Ministry%20document%20-%20Mar-08.pdf http://www.mcss.gov.on.ca/documents/en/mcss/publications/accessibility/AboutAODAWeb20080311EN.pdf • TDSB CSS policy: http://www.tdsb.on.ca/wwwdocuments/about_us/about_us/docs/08-09-1457%20AccessibilityStandardsforCustomerServicePolicy.pdf SSEN 2012

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