Ontario Human Rights Commission’s (OHRC) submission to the fourth legislated review of the Accessibility for Ontarians with Disabilities Act (AODA)

May 11, 2023

Rich Donovan
Reviewer
Fourth AODA Statutory Review

Dear Mr. Donovan,

Re: Ontario Human Rights Commission’s (OHRC) submission to the fourth legislated review of the Accessibility for Ontarians with Disabilities Act (AODA)

Please accept this letter as the OHRC’s submission to the fourth legislated review of the AODA. The links lead to documents which are relevant to our submission.

In its 2018 submission to the Honourable David C. Onley on the third AODA review, the OHRC raised several concerns and made 15 recommendations. The OHRC’s submission aligned with Mr. Onley’s 2019 report. The government has not substantively addressed the recommendations. People with disabilities continue to face significant barriers in their everyday lives. The OHRC, therefore, respectfully resubmits its 2018 recommendations to the current review, set out in detail in the attachment.

For 25 years, the OHRC has worked extensively to advise on the development and implementation of Ontario’s accessibility legislation and regulated standards for people with disabilities. At each legislated review, the OHRC had made submissions recommending various ways to strengthen application of the AODA and ultimately, to achieve the legislated goal of an accessible Ontario by 2025.

The OHRC stated in its 2018 submission that Ontario will not achieve a barrier-free province without more regulatory standards, greater compliance over existing standards, broad public education, effective strategies, and renewed leadership. Most importantly, the OHRC said Ontario needs to begin mandating the removal of pre-existing barriers found throughout society.

Mr. Onley was very straight forward in his 2019 report: This province is mostly inaccessible.” You were frank, too, in your March 2023 interim report when you said the AODA regulatory regime in its current form and practice is an “unequivocal failure.”

Despite the OHRC’s calls over the years, the province has, for the most part, failed to use section 6(6) of the AODA to regulate measures to remove existing barriers. For example, Ontario needs regulatory change to ensure the buildings we use every day are retrofitted for accessibility, especially main entrances, interior barrier-free paths of travel, and accessible washrooms. People with disabilities should not have to wait for new buildings or major renovation before core accessibility standards apply.

Current accessible building standards also need strengthening. For example, in December 2020, the OHRC wrote to the Minister of Municipal Affairs and Housing calling on government to amend Ontario’s Building Code Regulation to require all units in new construction or major renovation of multi-unit residential buildings to fully meet universal accessibility standards.

Since the last AODA review, the OHRC has issued other statements and recommendations on various related accessibility issues, including:

The COVID-19 pandemic also painfully revealed and exacerbated many of the systemic barriers that people with disabilities have experienced for years. Since the beginning of the pandemic, the OHRC has issued several public statements to promote compliance with Ontario’s Human Rights Code and address the disproportionate impact on people with disabilities and other protected groups:

In 2005 when the AODA was passed, the Legislature unanimously agreed to the goal of an accessible Ontario by 2025. Now, it seems that goal is now in jeopardy. Effective use of the AODA and the Building Code, and understanding the primacy of Ontario’s Human Rights Code are key to achieving an accessible Ontario.

The OHRC welcomes the opportunity to meet with you to discuss our concerns and recommendations in more detail.

Sincerely,

Patricia DeGuire
Chief Commissioner

cc: Hon. Raymond Cho, Minister for Seniors and Accessibility
Hon. Doug Downey, Attorney General of Ontario
David Lepofsky, Chair, AODA Alliance