October 23, 2016
Accessibility requirements expanded for Ontario businesses
Changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act came into force July 1, impacting all organizations providing goods, services or facilities in the province.
Katie McNeill-Keller, a Toronto-based labour and employment lawyer, detailed the significant changes to the legislation:
Service animals:
Previously, the AODA required a note from a physician or nurse to certify a service animal. The legislation will be amended to include an expanded list of regulated health professionals who may certify a service animal, including psychologists, psychotherapists, audiologists, speech-pathologists, chiropractors, nurses, occupational therapists, physicians, optometrists, and mental health therapists, thereby facilitating easier access to such certification for persons with disabilities.
Training:
Previously, under the old Customer Service Standards, only those persons who provided goods or services to the public or other third parties had to be trained under the AODA. Going forward, all employees, volunteers and other persons who provide goods, services or facilities on behalf of the organization, as well as all persons involved in policy development, must undergo AODA customer service training (along with all other AODA training).
Support persons:
Previously, an organization could require a person with a disability to be accompanied by a support person where necessary to protect health and safety. Under the amendments, prior to requiring a support person, the organization will be required to consult with the person with a disability and must consider and assess whether there is actually a health and safety concern associated with their being unaccompanied. Organizations will only be permitted to require the presence of a support person if there is no other reasonable way to ensure the health and safety of the person with a disability and/or others on the premises. If a support person is required, the organization will have to waive any applicable admission fee or fare for that person.
Documentation:
Given the change to the definition of “small organization,” private sector employers with less than 50 employees in Ontario will no longer be required to document in writing their customer service policy or make it publicly available, or to maintain training records. If you fall into this category and already maintain such a policy and records, consider whether it may be a best practice to continue to do so.
Feedback:
Under the amendments, existing customer service-specific feedback mechanisms will be required to solicit feedback on the accessibility of the process itself and any alternate means provided for under that process.
Katie McNeill-Keller, a Toronto-based labour and employment lawyer, detailed the significant changes to the legislation:
Service animals:
Previously, the AODA required a note from a physician or nurse to certify a service animal. The legislation will be amended to include an expanded list of regulated health professionals who may certify a service animal, including psychologists, psychotherapists, audiologists, speech-pathologists, chiropractors, nurses, occupational therapists, physicians, optometrists, and mental health therapists, thereby facilitating easier access to such certification for persons with disabilities.
Training:
Previously, under the old Customer Service Standards, only those persons who provided goods or services to the public or other third parties had to be trained under the AODA. Going forward, all employees, volunteers and other persons who provide goods, services or facilities on behalf of the organization, as well as all persons involved in policy development, must undergo AODA customer service training (along with all other AODA training).
Support persons:
Previously, an organization could require a person with a disability to be accompanied by a support person where necessary to protect health and safety. Under the amendments, prior to requiring a support person, the organization will be required to consult with the person with a disability and must consider and assess whether there is actually a health and safety concern associated with their being unaccompanied. Organizations will only be permitted to require the presence of a support person if there is no other reasonable way to ensure the health and safety of the person with a disability and/or others on the premises. If a support person is required, the organization will have to waive any applicable admission fee or fare for that person.
Documentation:
Given the change to the definition of “small organization,” private sector employers with less than 50 employees in Ontario will no longer be required to document in writing their customer service policy or make it publicly available, or to maintain training records. If you fall into this category and already maintain such a policy and records, consider whether it may be a best practice to continue to do so.
Feedback:
Under the amendments, existing customer service-specific feedback mechanisms will be required to solicit feedback on the accessibility of the process itself and any alternate means provided for under that process.