On January 01, 2008 Ontario's Customer Service Accessibility Standards, a Regulation of the Accessibility for Ontarians with Disabilities Act 2005 came into effect. The Customer Service (CS) Accessibility Standards is the first step in the Ontario government's plan to develop, implement, and enforce accessibility standards with a goal to raise the bar of accessibility, while removing the barriers facing persons with disabilities in Ontario. The other areas where accessibility standards will be enforced include: transportation, built environments, information and communication, and employment.

The Customer Service Accessibility Standards applies to all providers of goods and services that have at least one employee. Types of organizations that provide goods and services include but are not limited to: stores, restaurants, hotels, bars, schools, consultants, professional practices, government departments, places of worship, hospitals, theatres and stadiums. All providers of goods and services must establish policies, practices and procedures for providing goods or services to people with disabilities. Further, employees (including managers) must be trained to implement and carry out the new policies and procedures. Some disability organizations, such as REACH Canada (www.reach.ca), provide training for employees in order to provide a smooth and cost efficient route of compliance. In making changes, businesses must always keep in mind the core principles of independence, dignity, integration and equality of opportunity, in developing standards.

The Customer Service Accessibility Standards will be enforced through inspections, compliance orders and administrative penalties. Public sector groups, such as hospitals, school boards, universities and municipalities must fully comply by January 01, 2010. Private businesses and non-profit municipalities must fully comply by January 01, 2012. If a service provider employees 20 employees or more, it will have the additional requirement of documenting the development and implementation of policies, practices and procedures.

Examples of a practice to be implement may be as simple as reading out loud an amount of a bill or an invoice (or providing a brail copy) to a person who is blind, having a seating area available for persons who have difficulty standing where there are long line-ups, or by ensuring that persons who are accompanied by a guide dog or an alert dog, are permitted to enter the premises with their dogs where animals are not usually allowed (except where the Health Protection and Promotion Act stipulates otherwise).

Compliance with the Customer Service Accessibility Standards is not just the Law- it is also good for business. Approximately 1.85 million people in Ontario have a disability of some sort. This number continues to grow as Ontario's population ages. A business that does not accommodate people with disabilities is missing out on the business of a large and growing demographic. There is no reason why a person with a disability should face any kind of barrier when she decides to buy groceries or a new wardrobe, or to catch a matinee at the Cineplex. Yet, such barriers still exist in Ontario.

If you are a provider of goods and services in Ontario, you should ask yourself the following question: "Does my business provide equal service and access to all members of the public?" If the answer to this question is: "No", then it is past time to better acquaint yourself with the Customer Service Accessibility Standards, and to start providing goods and services in a manner that meet the needs of ALL the members of the public.

For more information see:

www.accesson.ca/ado/splash.htm

www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070429_e.htm

By Amichai Wise

To contact Amichai, e-mail awise@perlaw.ca or call 613 566-2857