Accessibility Compliance Deadlines Approach Customer Service Standards are First of Five Pending Regulations
March, 2009

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This article is in reference to: Accessibility for Ontarians with Disabilities Act, 2005

By Edward Pundyk

Many business operators may be surprised when the full import of the Accessibility for Ontarians with Disabilities Act, 2005 and its related regulations become clear. It would be prudent for businesses to begin planning and budgeting now for the required changes that will come into effect over the next three years. New requirements governing interaction with people with disabilities could have a significant financial impact for the businesses and public agencies that must comply.

In general, the Act applies to all providers of goods and services, with special provisions applying to the public sector and businesses with 20 or more employees. The Act’s Customer Service Standards will come into effect by regulation between January 1, 2010 and January 1, 2012. These standards are the first of five sets of standards contemplated under the Act.

Customer service standards apply to all organizations (public and private) that provide goods or services either directly to the public or to other organizations in Ontario and that have at least one employee in Ontario. These are:

1. Establish policies, practices and procedures on providing goods or services to people with disabilities.
2. Set a policy on allowing people to use their own personal assistive devices to access goods and use services, and policies for the measures the organization offers (assistive devices, services or methods) to enable people to access goods and use services.
3. Use reasonable efforts to ensure that policies, practices and procedures are consistent with the core principles of independence, dignity, integration and equality of opportunity.
4. Communicate with a person with a disability in a manner that takes into account his or her disability.
5. Train staff, volunteers, contractors and any other people who interact with the public or other third parties on the organization’s behalf on a number of topics as outlined in the customer service standard.
6. Train staff, volunteers, contractors and any other people who are involved in developing policies, practices and procedures on the provision of goods or services on a number of topics as outlined in the customer service standard.
7. Allow people with disabilities to be accompanied by their guide dogs or service animals in those areas of the premises the organization owns or operates that are open to the public, unless the animal is excluded by another law. If a service animal is excluded by law, use other measures to provide services to the person with a disability.
8. Permit people with disabilities who use a support person to bring that person with them while accessing goods or services in premises open to the public or third parties.
9. Where admission fees are charged, provide notice ahead of time on what admission, if any, would be charged for a support person of a person with a disability.
10. Provide notice when facilities or services that people with disabilities rely on to access or use goods or services are temporarily disrupted.
11. Establish a process for people to provide feedback on how the organization provides goods or services to people with disabilities and how it will respond to any feedback and take action on any complaints. Make the information about the feedback process readily available to the public.

Organizations that employ at least 20 employees in Ontario are subject to the following additional requirements:

1. Document in writing all policies, practices and procedures for providing accessible customer service and meet other document requirements set out in the standard.
2. Notify customers that documents required under the customer service standard are available upon request.
3. When giving documents required under the customer service standard to a person with a disability, provide the information in a format that takes into account the person’s disability.

Anyone guilty of an offence under the Act faces fines on conviction of up to $50,000 per day on which an offence occurs or continues to occur. Directors and officers who fail to live up to the duty imposed by the Act to take reasonable care to prevent the corporation from committing an offence under the Act are also liable for fines of up to $50,000 per day.

Employee training, developing a plan for compliance with the Act and setting aside funds to finance these activities are the first steps in adapting to these fast approaching changes.

Edward Pundyk is Counsel with Lang Michener LP’s Commercial Litigation Group in Ottawa. The preceding article is excerpted from the Lang Michener LLP InBrief, Spring 2009. For more information, see the web site at www.langmichener.ca.