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AODA: Your Essential Guide to Accessibility Compliance in Ontario

Oct 31, 2023 | AODA, HR Canada, HR Compliance, Ontario

As the compliance deadline of December 31st draws near, the Accessibility for Ontarians with Disabilities Act (AODA) has once again taken centre stage. In this article, we delve into the essentials of the AODA, shedding light on what it entails, who is obligated to comply, and the pivotal steps that organizations in Ontario must take to ensure their accessibility compliance.

What is the AODA?

The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a groundbreaking piece of legislation that sets out accessibility standards for organizations operating within the province of Ontario. Its core objective is to create an inclusive society where people with disabilities can fully participate in everyday life without facing undue barriers. The province has set an ambitious goal to be fully accessible by 2025, and it’s calling upon businesses, non-profit organizations, and public sector entities to join this mission. The act requires organizations across all sectors, be they public, private, or non-profit, to follow specified standards and contribute to the creation of an accessible province.

AODA Compliance 

Compliance with the AODA is a legal obligation, and the rules you need to follow depend on the type and size of your organization. You are exempt if you do not have any employees in Ontario.

How to Calculate Your Organization Size

Your organization size is calculated by counting your employees. In your count, include all:

  • full-time employees
  • part-time employees
  • seasonal employees
  • contract workers (i.e., fixed term employees)

With most employees, you pay wages or a salary, have control over the work assigned, and have a right to control the details of the work.

Do not count:

  • employees outside Ontario
  • volunteers
  • independent contractors

Note: you are responsible for ensuring the services that volunteers or independent contractors provide on your behalf follow the rules of Ontario’s accessibility standards. You may need to ensure these individuals are trained to meet the requirements.

AODA Compliance Requirements for Businesses and Non-profit Organizations:

The rules you need to follow depend on the size of your organization.  

If you have fewer than 20 Employees:

  1. Create accessibility policies
  2. Train your employees and volunteers on:
    1. The Ontario Human Rights Code
    2. Accessible Customer Service
    3. Any accessibility requirements that apply to their job description. If you are an educational or training organization, you must also provide your educators with training on accessibility awareness and accessible course delivery
  3. Provide accessible customer service
  4. Implement accessible employment practices including:
    1. making your recruitment process accessible
    2. informing your employees of supports
    3. offering accessible formats and communication supports for employees
    4. providing individual accessible workplace emergency response information
    5. considering the needs of employees with disabilities if you have performance management, career development, and re-deployment processes
  5. Provide accessible information: You must let the public and your employees know that you will make written information and other forms of communication accessible, upon request

If you have 20 to 49 Employees:

  1. File an accessibility compliance report every three years
  2. Create accessibility policies
  3. Train your employees and volunteers on:
    1. The Ontario Human Rights Code
    2. Accessible Customer Service
    3. Any accessibility requirements that apply to their job description. If you are an educational or training organization, you must also provide your educators with training on accessibility awareness and accessible course delivery
  4. Provide accessible customer service
  5. Implement accessible employment practices including:
    1. making your recruitment process accessible
    2. informing your employees of supports
    3. offering accessible formats and communication supports for employees
    4. providing individual accessible workplace emergency response information
    5. considering the needs of employees with disabilities if you have performance management, career development, and re-deployment processes
  6. Provide accessible information: You must let the public and your employees know that you will make written information and other forms of communication accessible, upon request

If you have 50 or more employees:

  1. File an accessibility compliance report every three years
  2. Create accessibility policies
    1. Document accessibility policies
    2. tell your employees and customers about them
    3. notify the public about the availability of your policies (for example, a notice on your website, at reception, etc.)
    4. provide your policies in an accessible format upon request
  3. Create a multi-year plan
    1. post the plan on your website
    2. provide it in an accessible format, upon request
    3. review and update the plan at least once every five years
  4. Train your employees and volunteers on:
    1. The Ontario Human Rights Code
    2. Accessible Customer Service
    3. Any accessibility requirements that apply to their job description. If you are an educational or training organization, you must also provide your educators with training on accessibility awareness and accessible course delivery
  5. Provide accessible customer service
  6. Implement accessible employment practices including:
    1. making your recruitment process accessible
    2. informing your employees of supports
    3. offering accessible formats and communication supports for employees
    4. providing individualized accessible workplace emergency response information
    5. documenting individual accommodation plans
    6. creating a return to work process and plan for employees who have been absent from work due to a disability
    7. considering the needs of employees with disabilities if you have performance management, career development, and re-deployment processes
  7. Provide accessible information: You must let the public and your employees know that you will make written information and other forms of communication accessible, upon request
  8. Additional requirements related to the 5 standards include website accessibility, design of public spaces, education and training, and the provision of accessible information. See this link for additional information: https://www.ontario.ca/page/accessibility-rules-businesses-and-non-profits


AODA Compliance Requirements for Designated Public-Sector Organizations:  

This category includes municipalities and other organizations identified in Schedule 1 of Ontario Regulation 191/11 or Table 1 of Ontario Regulation 146/10. These organizations must file an accessibility compliance report every two years, with the reporting deadline set for December 31, 2023.

Failure to complete your accessibility compliance report can result in enforcement measures, including financial penalties.


How to Prepare Your Accessibility Compliance Report

Before filing your accessibility compliance report, it’s important to gather the necessary information and familiarize yourself with the process. Here’s a step-by-step guide to help you through the process:

  1. Gather Essential Information:
  • Legal name of your organization.
  • Business number (BN9), found in your federal or provincial tax return.
  • Number of employees.
  • Name and contact information of your certifier, a senior officer with legal authority to confirm the report’s completeness and accuracy.
  1. Determine Your Organization Category:
  • If your organization could be in the public sector category, check the relevant lists in the associated regulations to confirm.
  1. Download the Compliance Report Form:
  • You can download the form using Adobe Reader, available for free from the AODA website.

Download the Form

  1. Fill Out Your Report:
  • The form will ask questions related to accessibility compliance. You will indicate “Yes” if you are in compliance and “No” if you are not. You can also add comments to explain further.
  • You can move from page to page by using the “Next” or “Previous” buttons at the bottom of the page.
  • Ensure that your certifier checks the boxes confirming their authority to certify the organization’s answers in the form.
  1. Save and Submit:
  • Once you have completed the form, click “Save” at the bottom of the page, and then click “Submit.” The form will be submitted automatically.
  1. Confirmation Email:
  • After submission, a confirmation email will be sent to the certifier and the primary contact listed. It will include a confirmation number and an accessible PDF copy of your report.

 

Filing for Multiple Organizations

If your organization manages multiple entities that share the same organization category, number of employees, certifier, and answers to accessibility compliance questions, you can file a single report for up to 20 organizations simultaneously. If there are differences in any of these criteria, a separate report is required for each organization.


AODA Requirements for Websites

The AODA standards serve as a guiding framework for organizations, fostering inclusive policies and practices that cater to all Ontario citizens. The objective is to ensure that services, information, employment opportunities, and physical spaces are accessible to everyone, regardless of their unique abilities or differences.

Regarding websites, AODA compliance stipulates adherence to the Web Content Accessibility Guidelines (WCAG), which are detailed under the Information and Communications Standards. This stipulation mandates that organizations: “Shall align their internet and intranet websites and web content with the Web Content Accessibility Guidelines (WCAG) 2.0 by the World Wide Web Consortium, specifically at Level AA. However, this excludes success criteria 1.2.4 Captions (Live) and success criteria 1.2.5 Audio Descriptions (Pre-recorded).”

AODA website compliance is obligatory for a wide spectrum of organizations, encompassing:

  1. The Government of Ontario and the Legislative Assembly.
  2. Designated public sector entities.
  3. Large organizations with 50 or more employees in Ontario.


The Accessibility for Ontarians with Disabilities Act (AODA) is a pivotal piece of legislation aimed at creating a more accessible and inclusive Ontario. Compliance with the AODA is not only a legal requirement but a moral obligation to ensure that people with disabilities have equal opportunities to participate in all aspects of life. By following the guidelines outlined in this guide, organizations in Ontario can contribute to this transformative goal of making the province fully accessible by 2025. It’s not just about compliance; it’s about building a more equitable and inclusive future for all Ontarians.

DISCLAIMER: The information contained in this article is meant to serve as a broad overview of the subject matter. For guidance tailored to your unique circumstances, it is advisable to consult with one of our HR advisors.