the Blind Persons’ Rights Act,^3 and the Ontarians with Disabilities Act,^4 people
with disabilities continued to face systemic barriers. It was felt that Ontario
needed legislation to pro-actively remove these barriers in a timely and effective
manner, and prevent new barriers from being created.
The AODA establishes the following framework: the Act itself requires the
Lieutenant Governor in Council to create regulations that set out requirements for
the identification, removal and prevention of barriers in the areas of goods,
services, facilities, accommodation, employment, buildings, structures, and
premises.^5 Each regulation is referred to as an Accessibility Standard. The Act
sets out to whom the Accessibility Standards apply, details the manner in which
Accessibility Standards are to be developed, and establishes enforcement
mechanisms. There are currently two Accessibility Standards: the Accessibility
Standards for Customer Service (“Customer Service Standard”) and the
Integrated Accessibility Standards (“Integrated Standards”). The latter combines
several Standards into one regulation, setting out requirements in the areas of
information and communications, employment, transportation, and the built
environment.^6
The Accessibility Directorate of Ontario is part of the AODA framework.^7 Part of
the Ministry of Economic Development, Trade and Employment, its mandate is to
lead the implementation of the AODA through the development and enforcement
(^3) Blind Persons' Rights Act, RSO 1990, c B 7.
(^4) Ontarians with Disabilities Act, SO 2001, C 32. The AODA provides for repeal of the Ontarians
with Disabilities Act on a day to be named by proclamation. However the Ontarians with
Disabilities Act remains in effect since no date has been proclaimed. The first independent
review of the AODA canvassed the views of some disability organizations on this point and
recommended the development of a repeal strategy for the Ontarians with Disabilities Act. See
note 10, infra at 33-34, 42. For a history of the Ontarians with Disabilities Act see: M. David
Lepofsky, “The Long, Arduous Road to a Barrier-Free Ontario for People with Disabilities: The
History of the Ontarians with Disabilities Act – The First Chapter” (2004) 15:2 National Journal of
Constitutional Law 125- 5 33.
6 AODA, supra note 1 at s 6.^
7 Integrated Accessibility Standards, O Reg 191/11 s 1.^
AODA, supra note 1 at 32. The Directorate was initially established under the Ontarians with
Disabilities Act to manage the implementation of that legislation. The AODA continued the
Directorate and expanded its mandate.