FREQUENTLY ASKED QUESTIONS
Does this apply to me?
The AODA applies to all organizations (public, private and non-profit) that provide goods or services either directly to the public or to other organizations in Ontario and that have one or more employees in Ontario. This includes consultants, manufacturers and wholesalers as well as other businesses and professional services.
Will organizations be expected to put in a ramp or an elevator under the built environment standard?
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) provides for the development, implementation and enforcement of accessibility standards in five priority areas: Customer Service, Information and Communications, Employment, Transportation and the Design of Public Spaces. All existing buildings will not be required (at this time) to be retrofitted to meet accessibility requirements. However, when the Accessible Built Environment Standard becomes law, new builds and buildings that undergo extensive renovations will be required to conform to accessibility requirements as is currently the case under the Ontario Building Code.
If you have questions about the accessibility provisions of the Building Code, you may wish to contact the Code Development and Advisory Unit of Ministry of Municipal Affairs and Housing’s Building and Development Branch by telephone at 416-585-6666 or by e-mail at firstname.lastname@example.org
You may also wish to visit the Ontario Building Code website: www.obc.mah.gov.on.ca It provides information on how to obtain copies of Building Code publications and the latest Code developments, advice on interpreting the Code requirements, information on resolving disputes and more.
Do my goods need to be accessible?
The standard does not set accessibility requirements for the goods themselves, but rather the way that they are provided to customers. In other words, it is the provision of goods or services to the public or other third parties that must comply with the customer service standard.
What if my organization is made up of entirely of volunteers?
Typically, organizations with only volunteers and no paid employees are not subject to the requirements of the AODA standard. However, we encourage you to consult your legal counsel on matters pertaining to compliance with the Regulation.
How do I count my employees?
All full-time, part-time, seasonal and contract employees, regardless of status, must be counted when determining the number of employees an organization has.An employee is someone in an employee-employer relationship with an employer. An employer needs to determine who is included as an employee based on the individual situation or circumstances. In most situations it is clear whether someone is an employee or not. Usually this will depend on whether you pay the employee wages or a salary, have control over the work assigned to the employee, and have a right to control the details of the work.
Typically, you do not include volunteers and independent contractors in the count. However, depending on the work they do for you, they may have to comply with requirements of the standard. Obligated organizations are responsible for ensuring that the services provided by non-employees on their behalf follow the rules of the standard and may need to ensure these individuals are trained.
Have a question about getting training and support? Get in touch with us.