Directors of the AODA review accessibility reports to find out who is complying with the Act. In addition, they can order a person or organization to comply, or to pay fines. The AODA states that the deputy minister appoints directors. However, the Act does not state who a deputy minister is.
Directors of the AODA
Directors of the AODA review the accessibility reports that organizations are required to submit. Moreover, directors can ask a person or organization for more details about their compliance. The person or organization must provide the director with this information. When an organization has not submitted a report or information, the director can order the organization to do so. In addition, the order can include a fine. Similarly, a director can order a non-compliant person or organization to obey AODA standards and pay fines. Finally, if organizations do not comply with these orders, directors can fine those organizations using more orders.
All these types of orders must include a description of the AODA rule or previous order that the person or organization has failed to comply with. Furthermore, the order must explain what the organization must do to comply. Finally, the order must include a time limit for organizations to comply. However, the director can extend this time limit to accommodate someone with a disability, or for any other reason.
More Directors’ Orders
A director may also create an order when a non-compliant person or organization claims that they do not need to comply with a standard. For instance, an organization might claim that it does not belong to the industry or sector of the eeconomy that a standard applies to. For example, a rideshare company might claim that it does not need to obey the Transportation Standards. The company might make this claim because it is not a bus, train, ferry, or taxi service. However, a director can order that this organization does belong to an industry that must comply with the standard. For example, a director can create an order stating that the transportation standard applies to the rideshare company.
Likewise, a director can order that two organizations be treated as one organization, for the purposes of the AODA. For instance, an employer with a private company of sixty workers might not want to obey AODA rules for companies with fifty or more workers. As a result, this employer might divide their company into two organizations, each with thirty workers. In this way, the employer could claim that rules for companies with fifty or more workers do not apply to their organizations. However, a director can order that these two companies must be treated as one company. Therefore, the company must still obey AODA rules for large private organizations.
These last two types of orders must explain what the order is about and offer reasons.
Notice of Orders
Before giving any order, directors must give notice to the non-compliant organizations. This notice tells the organizations what the order is about and what steps they should take to comply with the Act. Moreover, notice allows these organizations to explain any reasons they might have for not complying with the AODA. Furthermore, organizations have thirty days after receiving notice to explain in writing. However, the director can extend this time limit to accommodate someone with a disability, or for any other reason.
In addition, organizations who receive any order can appeal it in front of a tribunal that the Lieutenant Governor appoints.
More Duties of the Directors
Finally, when appointing directors of the AODA, the deputy minister can give them other responsibilities. In turn, a director can authorize another person to perform any of these duties. To do so, the director must specify in writing the duties they are delegating to each person.