Ontario organizations facing due date at end of this year for report on training, accessibility requirements
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a unique statute that establishes specific compliance obligations for Ontario employers. Importantly, the AODA works in parallel to the Ontario Human Rights Code (the Code). Whereas the AODA sets mandatory accessibility requirements for policies, training, and procedures on a pre-emptive basis, the Code is less prescriptive and requires employers to accommodate accessibility needs on a unique one-to-one basis. Even though the AODA and the Code work in concert, typically employee accessibility concerns are made through the lens of the Code because it provides the best avenue for requesting accommodation or damages. Nevertheless, the compliance obligations imposed by the AODA must be understood.
AODA accessibility standards are based on the size and nature of organizations under the AODA’s O. Reg. 191/11: Integrated Accessibility Standards. Under the AODA, all businesses operating within Ontario with 20 or more employees must file a Compliance Report every three years. The next Compliance Report for businesses and non-profit organizations (outside of the public sector) is due by Dec. 31, 2026.
Employers with fewer than 20 employees do not have to file a Compliance Report but they still have to comply with all requirements applicable to “Small Organizations” (i.e., 1-49 employees in Ontario), such as maintaining an AODA policy and accessibility training for all personnel.
In order to access the 2026 Compliance Report, employers will need to sign in or create an account. We recommend employers review and begin completing their 2026 Compliance Report to assess whether their organization has any compliance gaps. Most gaps can be resolved with thoughtful planning over the coming months, but the time to take the initiative is now. To address specific regulatory provisions, the online Guide to the Integrated Accessibility Standards Regulation is a useful resource that offers commentary and examples.
Accessibility training
All Ontario employers (including those with a single employee in Ontario), are required to provide accessibility standards and human rights training. Large organizations (50-plus employees in Ontario) are required to maintain records of their training, but we recommend all employers keep records regarding their training efforts in case of audit.
Training is required for all employees and volunteers of an organization, as well as those who develop the organization's policies or provide goods and services on behalf of the organization.
The Integrated Accessibility Standards regulation enumerates specific minimum requirements in respect of the content of accessibility training, including:
- How to interact and communicate with persons with various types of disabilities.
- How to interact with persons with disabilities who use an assistive device, require the assistance of a guide dog, other service animal or the assistance of a support person.
- How to use equipment or devices that may help with the provision of goods, services or facilities to a person with a disability.
- What to do if a person with a particular type of disability is having difficulty accessing the provider’s goods, services or facilities.
- The Ontario Human Rights Code as it pertains to persons with disabilities.
Given that training is foundational to reducing accessibility and human rights incidents and issues in addition to satisfying minimum obligations, we recommend organizations think critically and practically about how their workplaces, products, services, and public-facing facilities can be made more accessible. Personnel should be adequately trained to advance organizational goals regarding accessibility and how to respond to accessibility-related inquiries.
Web accessibility
One important obligation for large organizations is online accessibility. This is not a new regulatory obligation. Large organizations have been required to satisfy Web Content Accessibility Guidelines 2.0 (WCAG) since Jan. 1, 2021. This includes Level AA of the WCAG, except for some of the more onerous requirements involving closed captioning (s. 1.2.4 of WCAG) and audio descriptions (s. 1.2.5 of WCAG).
Website accessibility obligations apply to all web-based applications that an organization controls directly or through a contractual relationship. Technically, the AODA does not compel private businesses to make their intranets web accessible. However, we recommend doing so as part of any broader web accessibility initiative.
The following are useful web accessibility resources:
We anticipate there will be little regulatory patience for employers who have failed to satisfy their web accessibility obligations six years following the initial deadline. As the Compliance Report deadline approaches, employers should assess their online presence to ensure they satisfy WCAG 2.0 standards. Beyond merely complying with the AODA, smart businesses leverage their online presence to promote accessibility among their customers and workforce because modern online tools can help neutralize barriers to communication and engagement. An employer’s online presence is an excellent and accessible way to communicate its accessibility policies, notify the public of disruptions, and accept feedback.
AODA policies and Multi-Year Accessibility Plan
All organizations in Ontario with at least one employee must maintain an AODA Policy. Only large organizations are required to put such policies in writing and make them available to the public, but we recommend even small organizations do so as a matter of best practice. Moreover, AODA policies should be easily accessible in an accessible format online.
Under the Integrated Accessibility Standards AODA policies must be consistent with the following principles: independence; dignity; integration; and equality of opportunity for people with disabilities. Moreover, certain key subjects are required by law, including the description of accessibility obligations in respect of employment and recruitment; training; communication; assistive devices, service animals, and support persons; and notices of temporary disruption.
Organizations are also required to establish a process for receiving feedback about its accessibility efforts. We recommend including the feedback process within the AODA policy.
In addition to an AODA Policy, large organizations are required to maintain a Multi-Year Accessibility Plan, which outlines the organization’s strategy to prevent and remove barriers. Large organizations must review and update the plan at least every five years.
Unlike the AODA Policy, there are very few prescribed terms required in a Multi-Year Accessibility Plan. Nevertheless, it does provide an opportunity for an organization to think holistically about its commitment to an accessible and inclusive workplace.
Navigating AODA obligations can be unintuitive. Now is the time to for Ontario employers to understand their compliance obligations so that gaps can be resolved in a thoughtful and deliberate manner.
Alex Kagan is a partner and Michelle Cook is an associate, both in the Workplace Law Group at Aird & Berlis LLP in Toronto.
