Accessibilities for Ontarians with Disabilities Act
A report from the CAEM Education Committee
Written by Sheila Wong, CEM, Vice President of Business Development, BBW International Inc.

As of January 1, 2012 the Customer Service Standards of Accessibility for Ontarians with Disabilities Act (AODA) came into effect. Although the Act affected the public sector since January of 2011, all goods and service businesses are now required by law to comply. The portion of the Act in discussion is no more than a customer service policy or standard designed to help people with disabilities access goods and services easily. It means that if you have one or more employees, you need to look at what is required.

In February, CAEM invited Joe Morrison, a lawyer and partner of Stringer LLP, specializing in labour, employment and human resources law, to present to our membership the essential elements of the AODA and how it affects us doing business. He cited that the AODA is a series of standards developed to eliminate barriers to accessibility. It includes customer service, transportation, employment, information and communication and built environment. The standards require that all companies and organizations in the public and private sector set policies, practices and procedures to comply with the Act.

In discussion, Mr. Morrison states that the law defines disability as physical and mental. The legislation is about providing service and making the customers feel that they have received more than adequate service when attending your events or place of business. As a company/corporation, you are required to train all of your employees and volunteers on how to deal with people with disabilities in your place of work, be it at the office or on the trade show floor. This does not include independent contractors who provide services on your behalf. In this respect, Mr. Morrison recommends that a clause be included in your contract that requires all contractors to comply with this new legislation. On the same token, if the contractor requires the show to meet its obligations to comply, then a clause must be included in the agreement to indemnify the contractor from its obligations. For example, the registration staff is contracted to provide front-line service. If the show does not provide a wheelchair accessible registration counter, the responsibility falls on the show management. On the flip side, if staff does not allow a service animal to accompany a delegate into the event, non-compliance falls on the staffing contractor. The Act, however, does not require the show to provide wheelchairs or sign language interpreters or even complimentary registrations for persons with disabilities. It does, however, require that events provide a policy on how to deal with people with disabilities. It could be as simple as offering a discounted or complimentary access for the support person accompanying the person with a disability. However, if special privileges are denied, it could be seen as discriminatory under the Human Rights Code.

As with all things, there are exceptions. Service animals, for instance, may be excluded if by law animals are prohibited such as in food preparation areas or even a food show where food might be prepared in the open.

The other important element is communication and information. If a venue is under construction, a notice of temporary disruption must be posted for public viewing. This might include instances where an elevator may have broken down. An alternative access must be provided and communicated. When asked if this notice must appear on the website, Mr. Morrison indicated that it only requires signage that is visible to the public while at the venue.

The important take away from the session is that we need to train our staff on customer policies and educate them on the variety of assistive devices that might be used by persons with disabilities. The final step is to complete and file an Accessibility Report as found on the Accessibility Directorate Ontario website.

The following is a link to a sample policy statement that you can utilize and modify to meet the needs of your company/organization:

Click here for a sample of AODA Customer Service Policy

Resources:

1. Accessibility for Ontarians with Disabilities Act
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070429_e.htm

2. Accessibility Directorate Ontario
http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService/