Nov 2017 Charity & NFP Law Update
December 31, 2017, is the deadline under the current reporting cycle for organizations to file the accessibility report in section 14(1) of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The deadlines of the reporting cycle are provided in Ontario Regulation 191/11, Integrated Accessibility Standards, under the AODA, which states that public and private organizations in Ontario, including not-for-profits, are required to file a report showing compliance with accessibility standards depending on the type of organization and its number of employees. There are three relevant categories of organizations: i) small organizations with less than 20 employees; ii) small organizations with more than 20 but fewer than 50 employees; iii) large organizations, defined as those with 50 employees or more; and iv) designated public sector organizations.
- Small organizations with less than 20 employees are exempt from the requirement to file an accessibility report under s. 14 of the AODA, but are still required to have accessibility policies in place and to train their employees and volunteers.
- Small organizations with more than 20 but fewer than 50 employees are also exempt from the requirement to file an accessibility report under s. 14 of the AODA, but are still required to report compliance with the accessibility standards for customer service in Part IV.2 of the regulation and the reporting cycle is every 3 years starting December 31, 2014.
- Large organizations are required to file the accessibility report under s. 14 of the AODA and that reporting cycle is also every 3 years starting December 31, 2014.
- For designated public sector organizations, such as hospitals and other public bodies as defined in the regulation, the reporting cycle is every 2 years starting December 31, 2013.
Failure to file a compliance report on time can result in a monetary penalty of up to $100,000.00 in the case of a corporation, with or without share capital, and $50,000.00 in the case of an individual or unincorporated organization.
Charities and not-for-profits should evaluate their current policies and practices to ensure they are in compliance with the requirements of AODA and its regulation and be ready to file their reports before the upcoming deadline of December 31, 2017.