and Accessibility Standards.^38 Much of this information is in clear, non-legal
language, aimed at promoting voluntary compliance with the legislation.
Importantly, the AODA framework does not include any recourse for individuals
with disabilities who are prevented from accessing goods, services,
transportation, employment or public spaces as a result of an organization’s
failure to comply with the AODA or Accessibility Standards. The AODA does not
empower the Ministry to investigate complaints from individuals or resolve
disputes between individuals and businesses or organizations. In addition, there
are no mechanisms to challenge a decision by the Ministry that an organization
has fulfilled its obligations under the AODA. The AODA framework has been
criticized as a result.
Nevertheless, if a person discovers that an organization has not complied with
the AODA, he or she should be advised to report this to the Accessibility
Directorate of Ontario. The Ministry will track complaints regarding non-
compliance.^39 Although it is not clear what, if any, actions the Ministry would
take, it is important to ensure that the Ministry is aware of situations of non-
compliance since the AODA does provide powers of inspection, auditing,
monetary penalties and administrative procedures.
A. ReportingSection 14 of the AODA requires organizations and people to whom Accessibility
Standards apply to file accessibility reports.^40 The exception to this is that private
organizations that have fewer than 20 employees are exempted from filing
accessibility reports regarding the Customer Service Standard.^41 The Ontario
Government and Legislature are required to file annually, while other public
(^38) AccessON can be found at: http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/.
(^39) Interview of Accessibility Directorate (Feb 28, 2013).
(^40) AODA, supra note 1 at s 14(1).
(^41) Exemption from Reporting Requirements, O Reg 430/07.