By Barry W. Kwasniewski and Martin U. Wissmath

Upcoming Deadline for AODA Compliance Reporting in Ontario on Dec. 31, 2023

Charities and not-for-profit organizations operating in Ontario must prepare for an end-of-year deadline under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Under the AODA, enacted to enhance accessibility and inclusivity for individuals with disabilities, employers of charities and not-for-profits with 20 or more employees must file their accessibility compliance reports by December 31, 2023.

The AODA’s scope extends to organizations, including charities and not-for-profits, with employees in Ontario, along with designated public sector organizations. Organizations with 20 or more employees are obliged to complete and submit an accessibility compliance report to gauge their adherence to the AODA and the Integrated Accessibility Standards Regulation (“IASR”). Organizations with fewer than 20 employees are still required to create accessibility policies.

The accessibility compliance report serves as an online, self-reporting mechanism that provides information to the Ministry for Seniors and Accessibility. This comprehensive report delves into various aspects of an organization’s compliance efforts:

• Accessibility Plan: Has your organization formulated and put into action a multi-year accessibility strategy, confirming a dedication to continual progress?
• Education and Training: Does your organization provide suitable education and training concerning the AODA and the Ontario Human Rights Code, with a particular focus on individuals with disabilities?
• Written Policies: Has your organization created and implemented written policies outlining how it intends to achieve accessibility by meeting all applicable requirements in the IASR?
• Feedback Mechanism: Does your organization have a well-defined process for receiving and responding to feedback that is accessible to individuals with disabilities?

For charities and not-for-profits with 50 or more employees in Ontario, answers to additional questions are required:

• Website Accessibility: Does your organization control one or more websites directly or indirectly?
• Web Content Compliance: Do all your organization’s internet websites align with the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 Level AA? This excludes live captions and pre-recorded audio descriptions.

To fulfill the requirements of the accessibility compliance report, employers are encouraged to visit the Government of Ontario’s Central Forms Repository, which includes an Accessibility Standards Checklist, and download the Accessibility Compliance Reporting Form. In cases where an alternate format is necessary, organizations may request the Accessibility Compliance Reporting Form by emailing accessibility@ontario.ca.

Navigating the intricacies of AODA/IASR compliance can be challenging, and many organizations may have questions or concerns about the impending reporting deadline. To address these inquiries and ensure a smooth compliance process, organizations may wish to obtain legal advice.

​Read the Sept 2023 Charity & NFP Law Update