Accessibility

Canada has often been criticized for not having an enforced policy for
persons with disabilities. This is one area in which we are behind our
American neighbours, who passed the Americans with Disabilities Act in
1990.

Canada has often been criticized for not having an enforced policy for persons with disabilities. This is one area in which we are behind our American neighbours, who passed the Americans with Disabilities Act in 1990.

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While there is still no “Canadians with Disabilities Act,” Ontario has taken the lead as the first province to legislate full accessibility to persons with disabilities by introducing the Accessibility for Ontarians with Disabilities Act (AODA), 2005. Through a series of accessibility laws, the province of Ontario aims to eliminate all barriers to persons with disabilities by 2025.
Although Ontario is the only province, so far, to implement accessibility legislation in Canada, the province of Manitoba is not far behind. Manitoba is actively advocating for a fully accessible province and currently has an “Accessibility Advisory Council” in place whose mandate it is to make recommendations to the government on what disabilities legislation should include and what strategies should be adopted to improve accessibility for persons with disabilities.

Accessibility is good for business
The business case for accessibility in Canada is compelling. Research shows that Canadians with disabilities have an approximate spending power of $25 billion annually.
Currently 15.5 per cent of Canadians have some form of disability and this number is expected to increase to 20 per cent over the next 20 years. There is no question that accessibility leads to increased profitability.

Compliance is the law
As I stated previously, the AODA was passed by the province of Ontario in 2005. The Act comprises five standards to be implemented between 2008 and 2025. The objective of these standards is to eliminate all barriers to persons with disabilities in Ontario. The standards focus on:

• Customer Service – ensure that persons with disabilities receive the same level of customer service to which we are all entitled;
• Employment – create equal employment opportunities for persons with disabilities; 
• Information and Communication – businesses must create, provide and receive information and communications in ways that are accessible to persons with disabilities;
• Transportation– make all forms of public transportation in Ontario fully accessible to persons with disabilities;
• Built Environment – make all buildings in Ontario fully accessible to persons with disabilities.

Accessibility standards for customer service
Requiring immediate attention, the Customer Service Standard is the first standard to be introduced under the AODA. The goal of this standard is to ensure that persons with disabilities receive the same level of customer service to which we are all entitled. Public-sector organizations were required to comply with this standard by January 1, 2010. The private sector must comply by January 1, 2012.

The Customer Service Standard applies to all businesses that have one or more employee(s) operating in Ontario and provide goods or services directly to the public or to other businesses. Both large and small organizations must comply with this law. Businesses with more than 20 employees have four additional compliance requirements over those with less than 20 employees. However all businesses are subject to random audits and inspection. Financial penalties for non-compliance can be in the thousands of dollars – up to $100,000 per day in the case of an offence under the AODA.

The spirit of this legislation is one that employers should embrace. Accessible customer service is about effectively communicating with and servicing persons with disabilities in a manner that takes into account their disability. By reducing barriers and providing accessible customer service, Ontario businesses can expand their client base. When persons of all abilities feel like valued customers, they choose your business over your competitors – and the message carries over to family and friends. Furthermore, accessibility creates a positive public image – a factor that is becoming more influential in this age of social consciousness.

How does this affect DCs in Ontario?
Chiropractors who have one or more employees working for them must comply with the Customer Service Standard by January 1, 2012. Clinics are required to establish policies, practices and procedures on providing services to persons with disabilities. Clinics must also train employees on how to communicate effectively with, and serve, persons with disabilities in a manner that takes into account their disability.

Clinics with less than 20 employees must:

• create an Accessibility Policy and implement a customer service plan;
• provide mandatory training for staff/peers on accessible customer service.

Clinics with 20 employees or more must:

• create an Accessibility Policy and implement a customer service plan;
• provide mandatory training for staff/peers on accessible customer service;
• document the above in accessible formats that are available to the public upon request;
• submit an online accessibility report to the Ministry of Community and Social Services.

Where can DCs find assistance?
In Ontario, the Ontario Chiropractic Association has developed resources to ensure Ontario chiropractors are compliant with the AODA Customer Service Standard by January 1, 2012. These resources include:

• a template for an Accessible Customer Service policy;
• a template for a customer service plan;
• an online training program customized for chiropractors and their staff.

While the Customer Service Standard is most imminent, compliance requirements for the next set of standards is already under way. The transportation, employment and communication and information standards have been grouped together to form what is now called the Integrated Accessibility Standards. This next set of standards was finalized for Ontario and released in June of this year. Each segment has a series of phased compliance deadlines that stretch from January 2012 to 2025. Not all aspects of each standard will apply to all businesses, so it is incumbent on DCs to know what elements apply to them and what elements do not. The Built Environment Standard will be the last standard to come into effect with a compliance deadline of 2025.

The OCA will continue to be a resource for information on the AODA and upcoming standards. Readers can also obtain information from Canada’s Ministry of Community and Social Services website: www.mcss.gov.on.ca

DCs in other provinces can also consult with their local jurisdictions regarding the status of accessibility standards in their areas and how to obtain support for implementing Accessibility Standards.
Making Canada fully accessible to persons with disabilities is not only the right thing to do for society, but it makes good business sense.