C. Orders and Administrative PenaltiesA Director appointed by the Deputy Minister may conclude that a person or
organization has contravened a provision of an Accessibility Standard or has
failed to comply with their reporting obligations. The Director may then order the
person or organization to comply with the Standard or file an accessibility report
within a certain period of time or pay an administrative penalty.^45 A Director is
not permitted to make an order unless s/he has given the person or organization
notice and an opportunity to make submissions in respect of the order.^46
Failure to comply with an order to pay an administrative penalty may result in the
order being filed with the Superior Court of Justice. The order is then
enforceable in the same vein as an order of the Court.^47
Directors have the power to determine the amount of the administrative penalty,
depending on the severity of the contravention, the person or organization’s
history of compliance, and the size of the organization. The Integrated
Standards set out the factors that a Director must consider when making these
determinations.^48
The penalty for individuals or unincorporated organizations ranges from $2,000
to $200, depending on the history and severity of the contravention. The penalty
for corporations ranges from $15,000 to $500, depending on the same factors.
For major contraventions, the Director may order an individual or organization to
pay a daily penalty, up to a maximum of $100,000 for corporations or $50,000 for
individuals and unincorporated organizations.^49
(^45) AODA, supra note 1 at ss 21 (3), 21(4).
(^46) Ibid at s 22. Section 22(3) requires submissions to be filed within 30 days of receipt of the
notice or another period of time specified in the notice. 47
48 AODA, supra note 1 at s 23.^
49 Integrated Accessibility Standards, supra note 22 at s 83.^
Ibid at s 83(1)5 and Schedules 1, 2.