3.4: Legislative Process for Compliance
Each legislation establishes a process to ensure institutions are meeting all the legal requirements set out. And in some cases, a process for the public to file complaints in situations where they feel discriminated against. As an instructor delivering service on behalf of the institution, it is your responsibility to ensure that you follow these processes and ensure your actions are continuously compliant with the law.
Accessibility for Ontarians with Disabilities Act (AODA)
Post-secondary educational institutions are considered “Broader Public Sector” organizations under Schedule 1 of the AODA. As such, they are required to:
- File compliance reports to the Ontario government every two years
- Reports are pre-set, with a list of pre-formed questions requiring institutions to attest to their compliance with various areas of the standards
- Signed by a senior official that can bind the organization
- Develop an Accessibility Plan that:
- Describes how the institution will work towards meeting the standards and improve accessibility
- Plan must be renewed at least every 5 years
- Develop annual progress reports to demonstrate activities
- Must be posted and made available publicly
At most institutions, the completion of compliance reports and development of an accessibility plan is facilitated centrally. Your institution may require each department to attest to their compliance with areas of the AODA that impact their work.
Under the AODA, the Officer has the ability to fine individuals up to $2,000/day for each day they are in contravention of the act, or fine corporations up to $15,000/day. Your institution may have additional policies and/or processes to manage the responsibilities of central administration, departments, and individuals as it relates to areas of the AODA.
As a representative of your institution, all information you create or make available publicly is subject to AODA requirements. This includes public websites and web content, applications, and publications. Your institution may have internal policies and procedures on ownership and accountability of information dissemination—it is important for you to understand what they may be to ensure you meet the AODA requirements set out.
Ontario Human Rights Code (OHRC)
The Code has legal primacy over all other laws including the AODA. This means that even though you created content or delivered information that meets AODA requirements, you may still have to further adjust your information to suit an individual’s specific needs. Hopefully, with the flexibility built in using UDL principles, any individual adjustments you make will be simple and not arduous.
When an individual believes they have experienced discrimination or harassment, which includes not receiving reasonable accommodation, they can file an application with the Human Rights Tribunal of Ontario (HRTO). The HRTO can facilitate and settle disputes through mediation, or if the parties