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December 31st Is Approaching: Is Your Workplace AODA-Compliant?

With the end of the year approaching, Ontario businesses and non-profit organizations should be taking steps to confirm that they are meeting their obligations under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Businesses and non-profit organizations with 20 or more employees in Ontario must file an Accessibility Compliance Report by December 31, 2026.

Who Must File an Accessibility Compliance Report?

Ontario businesses and non-profit organizations with 20 or more employees are required to file an accessibility compliance report every three years. The report confirms whether the organization has met its applicable accessibility requirements under the AODA.

When determining whether the 20-employee threshold is met, employers should use their peak employee count at any one time during the previous 12 months. Full-time, part-time, seasonal and qualifying contract employees in Ontario must be considered. Volunteers, independent contractors and employees outside Ontario are generally excluded from the count, although the classification of a worker may depend on the nature of the working relationship.

The requirements that apply to an organization depend, in part, on its size. Organizations with 50 or more employees have additional obligations, including maintaining documented accessibility policies and a written multi-year accessibility plan. Smaller organizations are also subject to applicable AODA requirements, even where they are not required to document their policies or submit a compliance report.

Employers should also be mindful that the AODA applies alongside other legal obligations, including the Ontario Human Rights Code. Meeting the AODA’s accessibility standards does not eliminate an employer’s separate duty to accommodate employees and applicants with disabilities to the point of undue hardship.

What Should Employers Review Before Filing?

The Accessibility Compliance Report is a self-reporting mechanism through which an organization confirms its compliance with the applicable accessibility requirements under the AODA and its regulations, including the Integrated Accessibility Standards Regulation (“IASR”).

Employers should review the requirements that apply to their organization and verify that their policies and practices reflect those requirements before certifying the report. In particular, employers should consider the following areas.

Accessibility Policies and Plans

The IASR requires employers to develop accessibility policies that describe how they will meet the applicable accessibility requirements. Employers with 20 to 49 employees are not required to document these policies in writing, although doing so can assist with implementation and demonstrate the organization’s approach to compliance.

Employers with 50 or more employees must establish, implement, maintain and document their accessibility policies. They must also establish, implement, maintain and document a multi-year accessibility plan that outlines the organization’s strategy for preventing and removing accessibility barriers. The plan must be reviewed and updated at least once every five years and made publicly available in accordance with the IASR.

Employers should confirm that their policies and plans reflect their current operations and that the organization is implementing the measures described in them. Employers with 50 or more employees should also confirm that their policies are communicated to employees and that their multi-year accessibility plan is posted on their website, if they have one.

Training on Accessibility Requirements

Employers must provide training on the requirements of the accessibility standards that apply to their organization and on the relevant provisions of the Human Rights Code as they relate to persons with disabilities.

The training requirement applies to employees and volunteers, individuals who participate in developing the organization’s policies, and other persons who provide goods, services or facilities on the organization’s behalf, as applicable.

Employers should confirm that the appropriate individuals have received the required training and that training is provided on an ongoing basis as required, including when changes are made to applicable accessibility policies. Employers with 50 or more employees must also maintain records of the training, including the dates on which it was provided and the number of individuals trained.

Accessible Employment Practices

The IASR’s employment standards require employers to consider accessibility throughout the employment relationship. Relevant requirements include:

• Recruitment: Employers must notify employees and the public about the availability of accommodation for applicants with disabilities during recruitment and assessment processes.
• Informing employees of supports: Employers must inform employees of their policies for accommodating employees with disabilities, including the provision of job accommodations.
• Accessible formats and communication supports: Employers must consult with employees who request them to provide or arrange accessible formats and communication supports for information needed to perform their jobs, subject to the applicable requirements.
• Individual accommodation plans: Employers with 50 or more employees must develop and document individual accommodation plans for employees with disabilities in accordance with the IASR.
• Workplace emergency response information: Employers must provide individualized workplace emergency response information where required for employees with disabilities, subject to the applicable requirements.
• Performance management and career development: Employers must take the accessibility needs of employees with disabilities and their individual accommodation plans into account in performance management, career development and redeployment processes, as applicable.
• Return to work: Employers with 50 or more employees must have a documented return-to-work process for employees who have been absent due to a disability and require disability-related accommodations to return to work, in accordance with the IASR.

Accessible Customer Service

Employers that provide goods, services or facilities to the public or other third parties should also review their obligations under the IASR’s accessible customer service requirements. These requirements address matters such as communicating with persons with disabilities, allowing assistive devices, addressing the use of service animals and support persons, notifying the public of temporary service disruptions, and establishing a process for receiving and responding to feedback about accessible service.

Employers should confirm that relevant staff understand the applicable requirements and that customers and other individuals can provide accessibility feedback through an appropriate process.

Website Accessibility

Employers with 50 or more employees must also consider the IASR’s website accessibility requirements.

Subject to the applicable exceptions, organizations within this category must ensure that their internet websites and web content conform to the World Wide Web Consortium’s Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA. The requirement applies to internet websites and web content published after January 1, 2012, with the prescribed exceptions for live captions and pre-recorded audio descriptions.

Employers should review websites and web content that they control directly or indirectly, including whether updates, new content or changes to website functionality have introduced accessibility barriers.

What Are the Consequences of Non-Compliance?

Failure to submit a required Accessibility Compliance Report may result in enforcement action. The Government of Ontario can audit and inspect organizations to assess whether they are meeting their obligations under the AODA and may impose applicable penalties.

Employers should also recognize that failure to meet accessibility requirements can create risks beyond the reporting process. For example, inaccessible recruitment practices or inadequate accommodation procedures may give rise to separate issues under the Human Rights Code, depending on the circumstances.

Submitting the report does not, on its own, remedy an underlying failure to comply with the AODA. Employers should ensure that the information they certify is accurate and that any identified compliance gaps are addressed.

Takeaways for Ontario Employers

The upcoming AODA reporting deadline is a useful reminder for Ontario employers to assess whether accessibility is properly incorporated into their policies and day-to-day operations. Before December 31, 2026, employers should:

• Confirm whether they meet the 20-employee reporting threshold.
• Identify the AODA requirements applicable to their organization based on its size and activities.
• Review accessibility policies, training records and employment practices.
• Confirm that any required multi-year accessibility plan and supporting documentation are current.
• Arrange for an authorized senior officer to review and certify the report, and submit it by the deadline.

For further information, employers can consult the Government of Ontario’s Accessibility Rules for Businesses and Non-Profits and Accessibility Compliance Reporting webpages.

If your organization needs assistance reviewing its accessibility policies, training requirements or AODA compliance obligations, please reach out to our team at CCPartners.

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