HomeMy WebLinkAbout2011-03-01Leading the Way
CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE
AGENDA
DATE: March 1, 2011
TIME: 6:00 P.M.
PLACE: Meeting Room 1A
1. INTRODUCTIONS
(a) Election of Chair
(b) Election of Vice -Chair
(c) Appointment of Site Plan Review Sub -Committee Members
2. MINUTES
(a) Minutes of Meeting of October 6, 2010 Page 1
3. BUSINESS ARISING FROM MINUTES OF PREVIOUS MEETING
(a) Sidewalk Sawcuts Page 5
4. NEW BUSINESS
(a) Report PSD-007-04 — Protocol for Council -Appointed Advisory Page 6
Committees
(b) Terms of Reference — Clarington Accessibility Advisory Committee Page 14
(c) Rick Hansen 25th Anniversary Relay — Appointment of Representative Page 21
(d) Report CLD-002-11 — Accessibility Initiatives Undertaken for 2010 Page 25
Municipal Elections — For Information Purposes Only
(c) Accessibility for Ontarians with Disabilities Act, 2005 — Integrated Page 44
Accessibility Standards
5. OTHER BUSINESS
6. ADJOURNMENT
Please advise the Municipal Clerk's Department by calling 905-623-3379, ext. 2109, if you are
unable to attend the meeting.
TERMS OF REFERENCE
CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE
PREAMBLE
It should be noted that the contents of this Terms of Reference may be modified at a
later date due to the future release of Provincial Regulations of the Ontarians with
Disabilities Act, 2001. Portions may also be impacted by the outcome of the
recommendations of the Clarington Accessibility Advisory Committee.
2. DEFINITIONS
Within this Terms of Reference the term:
"barrier' means anything that prevents a person with a.disability from fully participating
in all aspects of society because of his/her disability, including a physical barrier, an
architectural barrier, an information or communication barrier, a technological barrier, a
policy or practice (obstacle) (examples are attached as Appendix "A" ). .
disability" means:
a) any degree of physical disability, infirmity, malformation or disfigurement that is
caused by bodily injury, birth defect or illness and, without limiting the generality
of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree
of paralysis, amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment,, muteness or speech impediment,
physical reliance on a guide dog or other animal, reliance on a wheelchair or
other remedial appliance or device;
b) a condition of mental impairment or a developmental disability;
c) a learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language;
d) a mental disorder; or
e) an injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety .and Insurance Act,
1997.
"Municipality" refers to the Corporation of the Municipality of Clarington and may refer to
any agency or board, to be determined subject to the upcoming release of the
Provincial Regulations to the Ontarians with Disabilities Act, 2001.
11,17
Terms of Reference — Accessibility Advisory Committee
3. MANDATE
Page 2
The Clarington Accessibility Advisory Committee shall advise and assist the
Municipality in developing and facilitating strategies toward a barrier -free Clarington for
citizens with disabilities. This aim shall be achieved through the review of Municipal
policies, programs and services and the identification, removal and prevention of
barriers faced by persons with disabilities.
4. MUNICIPAL REQUIREMENTS
The Municipality must develop an annual Accessibility Plan based on the advice
received from the Committee which shall address the identification, removal and
prevention of barriers to persons with disabilities. Specifically, the plan shall include the
following:
a) a report on the steps the Municipality has taken to identify, remove and prevent
barriers to people with disabilities;
b) a description of the measures in place to ensure that the Municipality assesses
its proposals for by-laws, policies, programs, practices and services for potential
barriers;
c) a list of by-laws, policies, programs, practices and services the Municipality will
review in the coming yearto identify barriers;
d) a description of the measures the Municipality intends to take in the coming year
to identify barriers; and
e) all other, information required by the regulations.
The Municipality must secure the advice of the Committee for any building, structure or
premises which is proposed for purchase, construction or significant renovation, or
which is leased by the Municipality.
The Municipality must also have regard for persons with disabilities in the purchase of
goods or services for its own use, employees or the public.
The Committee shall report to Council and shall be responsible for the following:
a) participating in the preparation and implementation of an annual Accessibility
Plan in accordance with the requirements set out in Section 4;
Ii1.8
Terms of Reference — Accessibility Advisory Committee
Page 3
b) advising on the implementation of the effectiveness of the annual Accessibility
Plan to ensure that it addresses the identification, removal and prevention of,
barriers to persons with disabilities within Municipal by-laws, policies and
services;
c) reviewing buildings, structures and premises which are purchased, constructed,
significantly renovated or leased by the Municipality in terms of their access for
persons with disabilities;
d) selecting and reviewing, in a timely manner, the site plans and drawings for new
development, described in Section 41 of the Planning Act;
e) reviewing and monitoring existing and proposed procurement policies to ensure.
that goods and services are accessible to persons with disabilities;
f) providing a forum for persons with disabilities to raise issues and concerns;
g) reviewing and monitoring existing and proposed policies such as public works
policies and standards (eg. sidewalks, snow removal, etc.) to ensure respect for
the accessibility of persons with disabilities; and
h) co-ordinating the immediate and ongoing dissemination of information to the
disabled community and the public at large regarding issues faced by persons
with all types of disabilities and regarding the work undertaken by the
Committee.
Council may also wish to assign other roles and responsibilities to the Committee as
local conditions warrant; however, Council must ensure that the committee does not
take on so much other work that it cannot fulfill its statutory obligations. Some
examples of additional services Council could delegate would be:
monitoring federal and provincial government directives and regulations
conducting research on accessibility issues
liaising with other municipalities on accessibility issues
providing public forum workshops on accessible communities
undertaking public speaking and public education activities
liaising with local stakeholder groups on accessibility issues.
1119
Terms of Reference — Accessibility Advisory Committee
5. COMMITTEE COMPOSITION
Page 4
The Committee shall be comprised of seven (7) members of which four (4) members
shall be persons with disabilities, one (1) member at large interested in issues related to
persons with disabilities, one (1) member (parent) representing children with disabilities
and one (1) member of Council to provide continuity between the Committee and
Council.
Persons serving as an attendant for a person(s) with a disability may'attend meetings of
the Committee only for the purpose of providing assistance to the person(s) with a
disability. Attendants shall not participate in discussions on their own nor shall they
vote.
6. RESOURCE SUBCOMMITTEES
The Committee may form subcommittees and working groups as may be necessary to
address specific issues. These subcommittees may draw upon members from the
Committee as well as outside resource members (such as Seniors Groups, Health Care
etc.) as deemed necessary. The Chairperson of a subcommittee and/or working group
shall be a voting member of the Committee.
7. STAFF SUPPORT
The Committee will receive administrative support from the Municipal Clerk's
Department. This will include the recording of minutes, the preparation of agendas,
support necessary to convene a meeting and other support as may be required from
time to time.
A staff team to support the Committee and to assist in the preparation of the
Accessibility Plan is necessary. Representation from each department will be
necessary.
8. LENGTH OF TERM
The- length of term for Committee members will. be three years, corresponding with the
term of Council, or until their successors are appointed. A Committee member may
have their membership renewed by Council for a further three year term but may not
serve longer than six consecutive years.
The length of term for the Inaugural Committee shall commence in 2003 and continue
until December 2006.
1120
Terms of Reference —Accessibility Advisory Committee Page 5
9. CHAIRPERSON
A Chairperson will be elected from Committee members on an annual basis at the first
meeting of the new year to preside over meetings and committee business. The
Council representative shall Chair the first meeting of the Committee.
10. FREQUENCY OF MEETINGS
The Committee will meet once every two (2) months at the Municipal Administrative
Centre, 40 Temperance Street, Bowmanville. The meeting schedule shall be
established by the Committee at its inaugural meeting. Additional meetings may be
required based on the requirements to review site plans and complete an annual
accessibility plan in a timely manner.
All meetings of the Committee shall be open to the public. As a formal advisory
committee to Council, the Committee is subject to the Municipality of Clarington
Procedural By -Law.
11. QUORUM
A quorum shall consist of not less than 50% + 1 of the voting members.
Meetings can be held without a quorum present; however, a quorum will be required for
voting purposes.
12. DELEGATIONS AT COMMITTEE MEETINGS
Any person(s) wishing to appear before the Committee as a delegation must submit a
.request to the Municipal Clerk's Department, advising of the topic or item to which they
wish to speak: All requests for delegations must be received at least one week prior to
the meeting to ensure that the delegation is included in the agenda. Any person
wishing to address the Committee as a delegation; who has not previously arranged to
do so, may be granted permission to do so only by Committee resolution. All
delegations will be limited to 10 minutes.
13. MINUTES AND AGENDAS
The minutes of each Committee meeting will be amended as necessary and approved
at the following meeting. The unapproved minutes will be included in the next regularly
scheduled Council Meeting.
The Committee agendas will be prepared by the Municipal Clerk's Department, with
input from the Committee Chair.
1121
Terms of Reference - Accessibility Advisory Committee
14. COMMITTEE RESOLUTIONS
Page 6
Recommendations are "carried" only if supported by a majority. Only recommendations
as they appear in the adopted Minutes may be considered as officially representing the
position of the Committee.
15. ABSENCES
If a Committee member is absent for three consecutive meetings, they have forfeited
their membership unless their absence is justifiable.
16. CONFLICT OF INTEREST
A conflict of interest may arise for Committee members when their personal business
interests clash with the duties and decisions of the Committee. Municipal conflict of
interest requirements as defined by legislation will apply to the Committee members.
17. ANNUAL REPORTS AND WORK PLAN
An annual report summarizing the activities completed in the previous year shall be
prepared by the Committee. The annual report shall be presented to Council.
An annual work plan with an estimate of the resources necessary and any suggested
revisions to the Terms of Reference for the coming year shall also be prepared by the
Committee for approval by Council.
18. COUNCIL ROLE
Council may review the composition of the Committee to ensure that it is representative
of persons with disabilities and is working effectively. Council can, with or without the
advice of the Committee, make changes to membership composition to ensure the'
Committee's effectiveness.
1122
Terms of Reference.— Accessibility Advisory Committee
Appendix "A"
Disability Barriers
Page 7
Barrier Type
Example
Physical
A door knob that cannot be operated by an elderly person with
limited upper -body mobility and strength.
Architectural
A hallway or door that is too narrow for a wheelchair or scooter.
Informational
Typefaces that are too small to ready by a person with low vision.
Communicational
A professor who talks loudly when addressing a deaf student.
Attitudinal
A recreation swimming program which discourages people with
developmental disabilities from participating.
Technological
Information on a municipal Web site which cannot be accessed
by a person who is blind who has reading software for a
computer.
Policy/Practice
A practice of announcing important messages over an intercom
that people with hearing impairments cannot hear clearly.
112J
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[h R-1......
LETTER FROM RICK HANSEN Rick Hansen
Man In MOGion World Tour
What a difference 25 years can make!
It was a huge, impossible dream — to circle the globe in a wheelchair — and it began with a single
turn of the wheel.
When my team and I set out upon the Man In Motion World Tour, we embarked on a global journey of
hope. A hope that we could inspire the world and realize the dream of raising millions of dollars for
spinal cord injury (SCI) research, making communities more accessible and inclusive and changing
the way we look. at the potential of people with disabilities. I hoped to inspire a generation to dream
big, and live with purpose.
This dream is closer to reality today, yet we still have a long road ahead. This is the focus that guides
the Rick Hansen Foundation. The people, programs and partnerships that have been put in motion
continue to move us closer to a cure for spinal cord injury, and a world that is accessible
to everyone.
As we celebrate the anniversary of the Man In Motion World Tour and 25 years of progress, we enter
a new phase of growth, discovery and engagement with great momentum and excitement. This is the
time to reignite the enthusiasm we all saw in people and communities around the world.
From December 2010 to May 2012, the Rick Hansen Foundation will engage in a variety of
activities world wide to mark this anniversary. This journey will be measured not only by the number
of kilometres we travel, but in how we are embraced around the world and across Canada, as we
continue to strive to make positive differences in the lives of others.
The Rick Hansen 251h Anniversary Relay
One of the key events commemorating the 251h Anniversary of the Man In Motion World Tour is
a national Relay that will be held over a nine month period, commencing on August 24, 2011.
Recreating the Canadian portion of the Man In Motion World Tour and visiting hundreds of
communities from St. John's, Newfoundland to Vancouver, BC, the Relay will feature thousands of
Relay Participants donning the 251h Anniversary Relay Medal, a powerful symbol of hope. While our
route plans will respect the.original Man In Motion World Tour's dates and communities, highlighting
the progress made over the past 25 years, one of our goals will be to tell the story of Canada and.
Canadians — those everyday heroes who are making a difference in their communities, their country
and the world.
21
Gn R.nnlverEery
Rick Hansel
Man In Motion World Tour
My Journey Becomes Our Journey
Our entire team is extremely excited to invite your community to become an End of Day Community
for your region during the Rick Hansen 25th Anniversary Relay. This celebration will help unite your
community, recognize your community difference makers, engage youth, and encourage others to
believe that anything is possible.
While the team at the Rick Hansen .Foundation is responsible for organizing the Rick Hansen 251h
Anniversary Relay, the success and scope of your community involvement will depend on teamwork
and your vital support and assistance. This is an opportunity for you and your community to create
your own experience — however big or small — and entirely of your choosing. Our team will supply you
with suggestions and templates relating to the look of your event but it will require a degree of effort
and passion from your civic professionals, community leaders and local volunteers.
Next Steps
In the coming weeks, a representative from the Rick Hansen 2511 Anniversary Team will contact you
to discuss your potential involvement in more detail and to respond to any questions you might have.
Our goal is to work with members of your community to create a memorable and exciting experience
for your citizens.
Community Planning Guide
The information throughout this binder makes up the Community Planning Guide. Please use this
resource should your community wish to take part as an End of Day Community. It is our hope that
the following information, guidance and suggestions will facilitate a seamless planning process, and
most of all, will inspire the enthusiastic involvement of your community in all the activities associated
With the Rick Hansen 25th Anniversary Relay.
I encourage you to dream extraordinary dreams, to focus attention on accessibility and to remind
everyone within your community that when we remove barriers, anything is possible.
Together, we can inspire Many in Motion — and change the world one good turn at a time.
Thank you for your support.
t
Rick Hansen
President & CEO, The Rick Hansen Foundation
22
300-3820 Cessna Drive t 604 295 8149 f 604 295 8159
Richmond BC Canada V7B OA2 BN 107659427-RR-0001
The RIC14 Hansen 25Gn
Rnniwrsary overview
ClGt, Rnnfversary
Rick Hansen
Man In Mouion World Tour
25 years ago Rick Hansen had a dream — to make the world more accessible and inclusive and to
find a cure for spinal cord injury. Inspired by a deep-seated belief that anything is possible, Rick's
'big dream' took shape in the form of the Man In Motion World Tour (MIMWT). For 26 months he and
his team wheeled over 40,000 km through 34 countries, raising awareness of the potential of people
with disabilities. The completion of this epic Tour was a testament to willpower, physical prowess and
the ability to lead a seemingly impossible campaign. It was the beginning of a life-long and selfless
journey to make a positive difference in the lives of others.
Following the Tour, Rick established the Rick.Hansen Foundation (RHF) to continue his quest .for
an accessible and inclusive society and a cure for spinal cord injury (SCI). Under Rick's leadership
the Foundation functions as a social innovator; finding collaborative solutions to challenges in the
community and the resources necessary to implement those solutions. RHF has seen tremendous
success having leveraged the original $26M raised during the Tour to over $245M to date.
Twenty-five years of work has resulted in many accomplishments. Rick has become a catalyst
for unprecedented change in society's attitudes, bringing leadership and relentless focus to
improving the quality of life of people with spinal cord injuries and to building an accessible world.
Extraordinary progress has been made in the last 25 years in the treatment, care and services for
people with SCI in Canada. While Rick continues to pursue his dream, he also looks to the future to
find new ways to make a difference in the world.
The Journey Continues
This year marks the beginning of the 25th Anniversary of the MIMWT, and provides an unprecedented
opportunity to engage new and re-engage past audiences with the story of Rick Hansen globally. It
will mark the turning point, where we move from one man in motion to many in motion — inspiring
people globally to dream, to take action, to continue to change the world and to make a difference.
To commemorate the 251h Anniversary, a number of national and international programs and activities
will take place:
• International Engagements and Events — Will take place from December 2010 to June 2011 with
visits to Israel, Jordan, Australia, China and the United States.
• International Difference Makers Awards — A unique and distinguished awards program recognizing
individuals from around the world whose work has made a significant impact in accessibility,
researchers who have advanced discoveries related to spinal cord injury, and those who have put
service above self to make an extraordinary difference in the lives of others.
23
• Global Accessibility Initiative (GAI) - This comprehensive rating system, assessment tool
and guidelines will provide practical online information regarding the level of accessibility of
buildings. Once assessed, buildings will display their accessibility ratings in full view and this
information will be available online providing immediate, consistent information.
• Interdependence 2012 —'May 15 to 18, 2012, at the Vancouver Convention Centre in
Vancouver, BC. Interdependence 2012 is a major global conference and exposition with a focus
on creating accessible communities and advancing spinal cord injury (SCI) research for a cure.
The accessibility agenda will provide a meaningful forum for difference makers in accessibility
to share best practices, lessons learned, and to set the stage for international collaboration
for the next 25 years; centering around three global themes — accessible tourism, accessible
transportation and livable and accessible communities. The research agenda will focus on the
engagement and collaboration of national and international partners with the ultimate goal of
accelerating the translation of evidence -based treatments and best practices from "bench to
bedside" and out into the community. Thousands of delegates from developed and developing
countries are expected to attend this unique global event.
• Gala Events — 25th Anniversary Galas will follow the Relay route and will occur in major markets
and capital cities. Each gala will be a memorable experience featuring top local and cultural
entertainment, speakers, local dignitaries, athletes, sponsors, donors and other notable
Canadians.
• The Rick Hansen Foundation Speaker Program — RHF Speakers talk to audiences about the
courage it takes to overcome major life challenges through hard work and determination. They
help raise awareness about the potential of people with disabilities and inspire others to make
a difference in their communities. These speakers can play an integral role with Community
Planning Teams (explained on page 5) and will make presentations at community celebrations, in
schools and other community events along the Relay route.
• Youth Engagement — Young people from schools, youth organizations and community groups from
across the country will have the opportunity to witness and celebrate various events around the
Rick Hansen 2511 Anniversary Relay. Youth engagement is an important part of the Foundation's
efforts to ensure that Rick Hansen's story lives on in the hearts and minds of all Canadians.
• Homecoming Celebration — A Homecoming Celebration will be held at the end of the Relay
and marks the conclusion of the Rick Hansen Foundation 2511 Anniversary activities. The
Homecoming Celebration will connect Canadians from coast to coast and target international
communities who have been a part of Rick's journey over the past 25 years.
;.y-vr!t0 f` 17_y 'fin...._ � M
24
Disclaimer:
This draft regulation is provided solely to facilitate public consultation under section 39 of the
Accessibility for Ontarians with Disabilities Act, 2005. Should the decision be made to proceed
with the proposal, the comments received during consultation will be considered during the final
preparation of the regulation.
The content, structure and wording of both language versions of the draft regulation are subject
to change as a result of the consultation process and as a result of review, editing and correction
by the Office of Legislative Counsel.
ONTARIO REGULATION
made under the
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
INTEGRATED ACCESSIBILITY STANDARDS
Skip Table of Contents
CONTENTS
PART
GENERAL
1.
Purpose and application
2.
Definitions
3.
Establishment of accessibility policies
4.
Accessibility plans
5.
Procuring or acquiring goods, services or facilities
6.
Self-service kiosks
7.
Training
8.
Exemption from filing accessibility reports
PART II
INFORMATION AND COMMUNICATIONS STANDARDS
9.
Definitions and exceptions
10.
Application
11.
Feedback
12.
Accessible formats and communication supports
13.
Emergency procedure, plans or public safety information
14.
Accessible websites and web content
15.
Educational and training resources and materials, etc
16.
Training to educators .
17.
Producers of educational or training material
18.
Libraries of educational and training institutions
19.
Public libraries
PART III
EMPLOYMENT STANDARDS
20. Scope and interpretation
21. 'Schedule
22. Recruitment, general
23. Recruitment, assessment or selection process
24. Notice to successful applicants
44
• 25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Informing employees of supports
Accessible formats and communication supports for employees
Workplace emergency response information
Documented individual accommodation plans
Return to work process
Performance management
Career development and advancement
Redeployment
PART IV
TRANSPORTATION STANDARDS
DEFINITIONS AND EXCEPTION
Definitions and exception
CONVENTIONAL AND SPECIALIZED TRANSPORTATION SERVICE PROVIDERS_ GENERAL
Availability of information on accessibility equipment etc.
Non-functioning accessibility equipment
Accessibility training
Emergency preparedness and response policies
Fares, support persons
Transition, existing contracts
Transition, existing vehicles
CONVENTIONAL AND SPECIALIZED TRANSPORTATION SERVICE PROVIDERS, ACCESSIBILTrY PLANS
41.
Accessibility plans, conventional transportation services
42.
Accessibility plans, specialized transportation services
43.
Accessibility plans, conventional and specialized transportation services
CONVENTIONAL TRANSPORTATION SERVICE PROVIDERS, GENERAL
44.
General responsibilities
45.
Alternative accessible method of transportation
_46.
Fares
47.
Transit stops
48.
Storage of mobility aids etc.
49.
Courtesy seating
50.
Service disruptions
51.
Pre -boarding announcements
52.
On -board announcements
CONVENTIONAL TRANSPORTATION SERVICE PROVIDERS, TECHNICAL REoumEMENTS
53.
Requirements re grab bars, etc.
54.
Floors and carpeted surfaces
55.
Allocated mobility aid spaces
56.
Stop -requests and emergency response controls
57.
Lighting features
58.
Signage
59.
Lifting devices, etc.
60.
Steps
61.
Indicators and alarms
62.
Accessibility, rail cars
Specialized Transportation Service Providers
63.
Categories of eligibility
64.
Eligibility application process
65.
Emergency or compassionate grounds
66.
Fare parity
67.
Visitors
68.
Origin to destination services
_69.
Coordinated service
70.
Hours of service
71.
Booking
72.
Trip restrictions
73.
Service delays
74.
Companions and children
OTHER TRANSPORTATION SERVICES
75.
School transportation
76.
Public sector organizations
77.
Ferries
DUTIES OF MUNICIPALITIES AND TAXICABS
78.
Duties of municipalities, general
79.
Duties of municipalities, taxicabs
PART V
45
3
COMPLIANCE
80.
Application
81.
Definitions
82.
Amount of administrative penalty
_83.
Review of order
84.
Payment of penalty
85.
Designation of tribunal
86.
Commencement
Schedule 1
Broader public sector
Schedule 2
Administrative penalties for individuals or unincorporated organizations
Schedule 3
Administrative penalties for corporations
PART I
GENERAL
Purpose and application
1. (1) This Regulation establishes the accessibility standards for each of information and
communications, employment and transportation.
(2) The requirements in the standards set out in this Regulation are not a replacement or a
substitution for the requirements established under the Human Rights Code nor do the standards
limit any obligations owed to persons with disabilities under any other legislation.
(3) Except as otherwise provided in this Regulation, this Regulation applies to the
Government of Ontario, the Legislative Assembly, every designated public sector organization
and to every other person or organization that provides goods, services or facilities to the public
or other third parties and that has at least one employee in Ontario.
Definitions -
2. In this Regulation,
"accessible formats" may include, but are not limited to, large print, recorded audio and
electronic formats, braille and other formats usable by persons with disabilities; ("French")
"communication supports" may include, but are not limited to, captioning, alternative and
augmentative communication supports, plain language, sign language and other supports that
facilitate effective communications;
"designated public sector organization" means every municipality and every person or
organization listed in Column 1, of Table 1 to Ontario Regulation 146/10 (Public Bodies and.
Commission Public Bodies — Definitions) made under the Public Service of Ontario Act,
2006 or described in Schedule 1 to this Regulation;
"Government of Ontario" includes the executive of the government and operational branches,
including every ministry of the Government of Ontario and the Office of the Premier;
"large designated public sector organization" means a designated public sector organization with
50 or more employees;
46
0
"large organization" means an obligated organization with 50 or more employees in Ontario,
other than the Government of Ontario, the Legislative Assembly or a designated public
sector organization;
"Legislative Assembly" includes the Office of the Assembly, the offices of members of the
Assembly, .'including their constituency offices and the offices of persons appointed on the
address of the Assembly;
"obligated organization" means the Government of Ontario, the Legislative Assembly, a
designated public sector organization, a large organization and a small organization to which
the standards in this Regulation apply;
"small designated public sector organization'.' means a designated public sector organization
with at least one but fewer than 50 employees;
"small organization" means.an obligated organization with at least one but fewer than 50
employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a
designated public sector organization.
Establishment of accessibility policies
3. (1) Every obligated organization shall develop, implement and maintain policies
governing how the organization achieves or will achieve accessibility through meeting its
requirements under the accessibility standards referred to in this Regulation.
(2) Obligated organizations, other than small organizations, shall include a statement of
organizational commitment to meet the accessibility needs of persons with disabilities in a
timely manner in their policies.
(3) The Government of Ontario, the Legislative Assembly, every designated public sector
organization and large organizations shall,
(a) prepare one or more written documents describing its policies; and
(b) make the documents publicly available, and shall provide them in an accessible
format upon request.
(4) Obligated organizations shall meet the requirements of this section according to the
following schedule:
1. For the Government of Ontario and the Legislative Assembly, January 1,, 2012.
2. For large designated public sector organizations, January 1, 2013.
47
5
3. For small designated public sector organizations, January 1, 2014..
4. For large organizations, January 1, 2014.
5. For small organizations, January 1, 2015.
Accessibility plans
4. (1) The Government of Ontario, Legislative Assembly, designated public sector
organizations and large organizations shall,
(a) establish, implement, maintain and document a multi -year accessibility plan, which
outlines the organization's strategy to prevent and remove barriers and meet its
requirements under this Regulation;
(b) post the accessibility plan on their website, if any, and provide the plan in an
accessible format upon request; and
(c) review and update the accessibility plan at least once every five years.
(2) The Government of Ontario, Legislative Assembly and designated public sector .
organizations shall establish, review and update their accessibility plans in consultation with
persons with disabilities and, if they have established an accessibility advisory committee, they
shall consult with the committee.
(3) The Government of Ontario, Legislative Assembly and designated public sector
organizations shall,
(a) prepare an annual status report on the progress of measures taken to implement the
strategy referenced in clause (1) (a); and
(b) post the status report on their website, if any, and provide the report in an accessible
format upon request.
(4) The Government of Ontario, Legislative Assembly, designated public sector
organizations and large organizations shall meet the requirements of this section according to
the following schedule:
I. For the Government of Ontario and the Legislative Assembly, January 1, 2012.
2. For large designated public sector organizations, January 1, 2013.
3. For small designated public sector organizations, January 1, 2014.
4. For large organizations, January 1, 2014.
:'
an
Procuring or acquiring goods, services or facilities
S. (1) The Government of Ontario, Legislative Assembly and designated public sector
organizations shall incorporate accessibility criteria and features when procuring or acquiring
goods, services or facilities, except where it is not practicable to do so. .
(2) If the Government of Ontario, Legislative Assembly or a designated public sector
organization determines that it is not practicable to incorporate accessibility criteria and features
when procuring or acquiring goods, services or facilities, it shall provide, upon request, an
explanation.
(3) The Government of Ontario, Legislative Assembly and designated public sector
organizations shall meet the requirements of this section in accordance with the following
schedule:
1. For the Government of Ontario. and the Legislative Assembly, January 1, 2012.
2. For large designated public sector organizations; January 1, 2013.
3. For small designated public sector organizations, January 1, 2014.
Self-service kiosks
6. (1) Without limiting the generality of section 5, the Government of Ontario, Legislative
Assembly and designated public sector organizations shall incorporate accessibility features
when designing, procuring or acquiring self-service kiosks.
(2) Large organizations and small organizations shall have regard to the accessibility for
persons with disabilities when designing, procuring or acquiring self-service kiosks.
(3) The Government of Ontario, Legislative Assembly and designated public sector
organizations shall meet the requirements of this section in accordance with the schedule set out
in subsection 5 (3).
(4) Large organizations shall meet the requirements under subsection (2) as of January 1,
2014 and small organizations shall meet the requirements as of January 1, 2015.
(5) In this section,
"kiosk" means an interactive electronic terminal intended for public use that allows users to
access one or more services or products or both..
Training
7. (1) Every obligated organization shall ensure that training is provided on the
requirements of the accessibility standards referred to in this Regulation to,
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(a) all employees, and volunteers;
(b) all persons who participate in developing the organization's policies; and
(c) all other persons who provide goods and services on behalf of the organization.
(2) The training on the requirements of the accessibility standards shall be appropriate to the
duties of the employees, volunteers and other persons.
(3) Every person referred to in subsection (1) shall be trained as soon as practicable:
(4) Every obligated organization shall provide training in respect of any changes to the
policies described in section 3 on an ongoing basis.
(5) The Government of Ontario, the Legislative Assembly, every designated public sector
organization and every large organization shall keep a record of the training provided under this
section, including the dates on which the training is provided and the number of individuals to
whom it is provided.
(6) Obligated organizations shall meet the requirements of this section in accordance with
the following schedule:
1. For the Government of Ontario and the Legislative Assembly, January 1, 2013.
2. For large designated public sector organizations, January 1, 2014.
3. For small designated public sector organizations, January 1, 2015.
4. For large organizations, January 1, 2015.
5. For small organizations, January 1, 2016.
Exemption from filing accessibility reports
8. (1) Small organizations are exempted from the requirement to file accessibility reports
under section 14 of the Act with respect to the accessibility standards in this Regulation.
(2) The following are the reasons for the exemption:
1. It is consistent with a phased approach to implementing the Act.
2. It allows the exempted obligated organizations to focus their efforts and resources on
complying with the accessibility -standards.
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PART II
INFORMATION AND COMMUNICATIONS STANDARDS
Definitions and exceptions
9. (1) In this Part,
"communications" means the interaction between two or more persons or entities, or any
combination of them, where information is provided, sent or received; ("communications") _
"conversion ready" means an electronic or digital format that facilitates conversion into an
accessible format;
"information" includes data, facts and knowledge that exists in any format, including text, audio,
digital or images, and that coveys meaning.
(2) The information and communications standards do not apply to the following:
1. Products and product labels, except as specifically provided by this Part.
2. Unconvertible information or communications.
3. Information that the obligated organization does not control directly or indirectly
through a contractual relationship, except as required under sections 15 and 18.
(3) . If an obligated organization determines that information or communications are
unconvertible, the organization shall provide the person requesting the information or
communication with,
(a) an explanation as to why the information or communications are unconvertible; and
(b) a summary of the unconvertible information or communications.
(4) For purposes of this Part, information or communications are unconvertible if,
(a) it is not technically feasible to convert the information or communications; or
(b) the "technology to convert the information or communications is not readily available.
Application
10. Sections 9, 11, 12 and 13 apply to all. obligated organizations.
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Feedback..
11. (1) Every obligated organization that has processes for receiving and responding to
feedback shall ensure that the processes are accessible to persons with disabilities by providing
or arranging for the provision of accessible formats and communications supports, upon request.
(2) Nothing in this section detracts from the obligations imposed under section 7 of Ontario
Regulation 429107 (Accessibility Standards for Customer Service) made under the Act.
(3) Obligated organizations shall meet the requirements of this section in accordance with
the following schedule:
For the Government of Ontario and the Legislative Assembly, January 1, 2013.
2. For large designated public sector organizations, January 1, 2014
3. For small. designated public sector organizations, January 1, 2015.
4. For large organizations, January 1, 2015.
5. For.small organizations, January 1, 2016.
Accessible formats and communication supports
12. (1) Except as otherwise provided, every obligated organization shall upon request
provide or arrange for the provision of accessible formats and communication supports for
persons with disabilities,
(a) in a timely manner that takes into account the person's accessibility needs due to
disability; and
(b) .at a cost that is no more than the regular cost charged to other persons.
(2) The obligated organization shall consult with the person making the request in
determining the suitability of an accessible format or communication support, but the final.
determination as to which accessible format or communication support shall be used -rests with
the organization.
(3) Every obligated organization shall notify the public about the availability of accessible
formats and communication supports..
(4) Every obligated organization that is required to provide accessible formats or accessible
formats and communication supports by section 3, 4, 11, 13, 19, 26, 28, 34, 37, 44 or 64 shall
meet the requirements -of subsections (1) and (2) but shall do so in accordance with the schedule
set out in the referenced section and shall'do so only to the extent that the requirements in
subsections (1) and (2) are applicable to the requirements set out in the referenced section.
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(5) Obligated organizations shall meet the requirements under this section in accordance
with the following schedule:
1. 1 For the Government of Ontario and the Legislative Assembly, January 1, 2014..
2. For large designated public sector organizations, January 1,-2015.
3. For small designated public sector organizations, January 1, 2016.
4. For large organizations, January 1, 2016.
5. For small organizations, January 1, 2017.
Emergency procedure, plans or public safety information
13. (1) In addition to its obligations under section 12, if an obligated organization prepares
emergency procedures, plans or public safety information and makes the information available
to the public, the obligated organization shall provide the information in an accessible format or
with appropriate communication supports, as soon as practicable, upon request.
(2) Obligated organizations that prepare emergency procedures, plans or public safety
information and make the information available to the public shall meet the requirements of this
section by January 1, 2012.
Accessible websites and web content
14. (1) The Government of Ontario and the Legislative Assembly shall make their intemet
and intranet websites and web content conform with the World Wide Web Consortium Web
Content Accessibility Guidelines (WCAG) 2.0, at Level AA, and shall do so in accordance with
the schedule set out in this section.
.'(2) Designated public sector organizations and large organizations shall make their internet
websites and web content conform with the World Wide Web Consortium Web Content
Accessibility Guidelines (WCAG) 2.0, initially at Level A and increasing to Level AA, and shall
do so. in accordance with the schedule set out in this section.
(3) The Government of Ontario and the Legislative Assembly, for both their internet and
intranet sites, shall meet the requirements in this section in accordance with the following
schedule:
L By January 1, 2012, new internet and intranet websites and web content on those sites
must conform with WCAG 2.0 Level AA, other than,
i. success criteria 1.2.4 Captions (Live), and
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ii. success criteria 1.2.5 Audio Descriptions (Pre-recorded).
2. By January 1, 2016, all internet websites and web content must conform with WCAG
2.0 Level AA other than,
i. success. criteria 1.2.4 Captions (Live), and
ii. success criteria 1.2.5 Audio Descriptions (Pre-recorded).
3. By January 1, 2020, all internet and intranet websites and web content must conform
with WCAG 2.0 Level AA. . ,
(4)' Designated public sector organizations and large organizations for their internet websites
shall meet the requirements of this section in accordance with the following schedule:
1. By January l; 2014, new internet websites and web content on those sites must
conform with WCAG 2.0 Level A.
2. By January 1, 2021, all internet websites and web content must conform with WCAG
2; 0 Level AA, other than,
i. success criteria 1.2.4 Captions (Live), and
ii. success criteria 1.2.5 Audio Descriptions (Pre-recorded).
(5) Except where meeting the requirement is not practicable, this section applies,
(a) to websites and web content, including web -based applications, that an organization
controls directly or through a contractual relationship that allows for modification of
the product; and
(b) to web content published on a website after January 1, 2012.
(6) In determining whether meeting the requirements of this section is not practicable,
organizations referenced in subsections (1) and (2) may consider, among other things,
(a) the availability of commercial software or tools or both; and
(b) significant impact on an implementation timeline that is planned or initiated before
January 1, 2012.
(7) In this section,
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"extranet website" means a controlled extension of the intranet, or internal network of an
organization to outside users over the Internet; ("site Web extranet")
"Internet website" means a collection of related web pages, images, videos or other digital assets
that are addressed relative to a common Uniform Resource Locator (URL) and is accessible
to the public;
"intranet website" means an organization's internal website that is used to privately and securely
share any part of the organization's information or operational systems within the
organization and includes extranet websites;
"new internet website" means either a website with a new domain name or a website with an
existing domain name undergoing a significant refresh;
"new intranet website" means either an intranet website with a new domain name or an intranet
website with an existing domain name undergoing a significant refresh;
"Web Content Accessibility Guidelines" means the World Wide Web Consortium
Recommendation, dated December 2008, entitled "Web Content Accessibility Guidelines
.(WCAG) 2.0";
"web page" means a non -embedded resource obtained from a single Uniform Resource
Identifier (URI) using Hypertext Transfer Protocol (HTTP) and any other resources that are used
in the rendering or intended to be rendered together with it by a user agent.
Educational and training resources and materials, etc.
15. (1) Every obligated organization that is. an educational or training institution shall do
the following, if notification of need is given:
Provide educational or training resources or materials in an accessible format that
takes into account the accessibility needs due to a disability of the person with a
disability to whom the material is to be provided by,
i. procuring through purchase or. obtaining by other means an accessible or
conversion ready electronic format of educational or training resources or
materials, where available, or
ii. arranging for the provision of a comparable resource in an accessible or
conversion ready electronic format, if educational or training resources or
materials cannot be procured, obtained by other means or converted into an
accessible format.
2. Provide student records and information on program requirements, availability and
descriptions in an accessible format to persons with disabilities.
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(2) For purposes of this section and sections 16, 17 and 18, an obligated organization is an
educational or training institution if,
(a) it is governed by the Education Act, the Post -Secondary Education Choice and
Excellence Act, 2000, or the Private Career Colleges Act, 2005 or is a designated
public sector organization described in paragraphs 3 and 4 of Schedule 1; or
(b) it is a public or private organization that provides courses or programs or both that
result in the acquisition by students of a diploma or certificate named by the Minister
of Education under paragraph 1 of subsection 8 (1) of the Education Act.
(3) Obligated organizations to which this section applies shall meet the requirements of this
section in accordance with the following schedule:
1. For large designated public sector organizations, January. 1, 2013.
2. For small designated public sector organizations, January 1, 2015.
3. For large organizations, January 1, 2013.
4. For small organizations, January 1, 2015.
Training to educators
.16. (1) In addition to the requirements under section 7, *obligated organizations that are
school boards or educational or training institutions shall provide educators with accessibility
awareness training related to accessible program or course delivery and instruction.
(2) Obligated organizations to which this section applies shall meet the requirements in this
section in accordance with the following schedule:
1. For large designated public sector organizations, January 1, 2013.
2. For small designated public sector. organizations, January 1, 2015.
3. For large organizations, January 1., 2013.
4. For small organizations, January 1, 2015.
(3) In this section,
"educators" means employees who are involved in program or course design, delivery and
instruction, including staff of school boards;
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"school board" means a "board" as defined in subsection 1 (1) of the Education Act.
Producers of educational or training material
17. (1) Every obligated organization that is a producer of education or training textbooks
for educational or training institutions shall upon request, make accessible or conversion ready
versions of the textbooks available to the institutions.
(2) Every, obligated organization that is a producer of print -based educational or training
supplementary learning resources for educational or training institutions shall upon request,
make accessible or conversion ready versions of the printed materials available to the
institutions.
(3) Obligated organizations to which this section applies shall meet the requirements of this
section in accordance with the following schedule:
1. In respect of accessible or conversion ready versions of textbooks, January 1, 2015.
2. In respect.of accessible or conversion ready versions of printed materials that are
educational or training supplementary learning resources, January 1, 2020.
Libraries of educational and training institutions
18. (1) Subject to subsection (2) and where available, the libraries of educational and
training institutions that are obligated organizations shall provide, procure or acquire by other
means an accessible or conversion ready format of print, digital or multimedia resources or .
materials for a person with a disability, upon request.
(2) Special collections, archival materials, rare books and donations are exempt from the
requirements of subsection (1).
(3) Obligated organizations to which this section applies shall meet the requirements under
this section in accordance with the following schedule:
1. In respect of print -based resources or materials, January 1, 2015.
2. In respect of digital or multimedia resources or materials, January 1,.2020.
Public libraries
19. (1) Every obligated organization that is a library board shall provide access to or
arrange for the provision of access to accessible materials where they exist.
(2) Obligated organizations that are library boards shall make information about the
availability of accessible materials publicly available and shall provide the information in
accessible format or with appropriate communication supports, upon request.
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(3) Obligated organizations that are library boards may provide accessible formats for
archival materials, special collections, rare books and donations.
(4) Obligated organizations that are library boards shall meet the requirements of this
section by January 1, 2013.
(5) For purposes of this section,
"library board" means a board as defined in the Public Libraries Act, a public library service
established under the Northern Service Boards Act or a county library establishedunder the
County of Lambton Act, 1994, being chapter Pr. 31 of the Statutes of Ontario 1994, the
County of Elgin Act, 1985, being chapter Pr. 16 of the Statutes of Ontario, 1985, or the
County ofLennox and Addington Act, 1978, being chapter 126 of the Statutes of Ontario,
1978.
PART III
EMPLOYMENT STANDARDS
Scope and interpretation
20. (1) The standards set out in this Part apply to obligated organizations that are employers
and,
(a) apply in respect of employees; and
(b) do not apply in respect of volunteers and other non -paid individuals.
(2) In this Part, a reference to anemployer is a reference to an obligated organization as an
employer unless the context determines otherwise.
Schedule
21. Unless otherwise specified in a section, obligated organizations, as employers, shall
meet the requirements set out in this Part in accordance with the following schedule:
1. For the Government of Ontario and the Legislative Assembly, January 1, 2013.
2. For large designated public sector organizations, January 1, 2014.
3. For small designated public sector organizations, January 1, 2015.
4. For large organizations, January 1, 2016.
5. " For small organizations, January 1, 2017.
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Recruitment, general
22. Every employer shall notify its employees and the public about the availability of
accommodation for applicants with disabilities in its recruitment processes.
Recruitment, assessment or selection process
23. (1) During a recruitment process, an employer shall notify job applicants, when they are
individually selected to participate in an assessment or selection process, that accommodations
are available upon request in relation to the materials or processes to be used.
(2) If a selected applicant requests an accommodation, the employer shall consult with the
applicant and provide or arrange for the provision of a suitable accommodation in a manner that
takes into account the applicant's accessibility needs due to disability.'
(3) The decision as to which accommodation is to be provided rests with the employer.
Notice to successful applicants
24. Every employer shall, when making offers of employment, notify the successful
applicant of its policies for accommodating employees with disabilities.
Informing employees of.supports
25. (1) Every employer shall inform its employees of its policies used to support its
employees with disabilities, including, but not limited to; policies on the provision of job
accommodations that take into account an employee's accessibility needs due to disability.
(2) Employers shall provide the information required under this section to new employees
as soon as practicable after they begin their employment.
(3) Employers shall provide updated information to its employees whenever there is a
change to existing policies on the provision of job accommodations that take into account an
employee's accessibility needs due to disability.
Accessible formats and communication supports for employees
26. (1) In addition to its obligations under section 12, where an employee with a disability
so requests it, every employer shall consult with the employee to provide or arrange for the
provision of accessible formats and communication supports for,
(a) information that is needed in order to perform the employee's job; and
(b) information that is generally available to employees in the workplace.
(2) The employer shall consult with the employee making the request in determining the
suitability of an accessible format or communication support, but the final determination as to
which accessible format or communication support shall be used rests with the employer.
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Workplace emergency response information
27. (1) Every employer shall provide individualized workplace emergency response
information to employees who have a disability, if the disability is such that the individualized
information is necessary and the employer is aware of the need for accommodation due to the
employee's disability.
(2) If an employee who receives individualized workplace emergency response information
requires assistance and with the employee's consent, the employer shall provide the workplace
emergency response information to the person designated by the employer to provide assistance
to the employee. '
(3) Employers shall provide the information required under this section as soon as
practicable after the employer becomes aware of the need for accommodation due to the.
employee's disability.
(4) .Every employer shall review the individualized workplace emergency response
information,
(a) when the employee moves to a different location in the organization;
(b) when the employee's overall accommodations needs or plans are reviewed; and
(c) when the employer reviews its general emergency response policies.
(5) Every employer shall meet the requirements of this section by January 1, 2012.
Documented individual accommodation plans
28. (1) Employers, other than employers that are small organizations, shall develop and
have in place a written process for the development of documented individual accommodation
plans for employees with disabilities.
(2) The process for the development of documented individual accommodation plans shall
include the following elements:
The manner in which an employee requesting accommodation can participate in the
development of the individual accommodation plan.
2. The means by which the employee is assessed on an individual basis.
3. The manner in which the employer can request an evaluation by an outside medical or
other expert, at the employer's expense, to determine if and how accommodation can
be achieved.
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4. The manner in which the employee can request the participation of a representative
from their bargaining agent, where the employee is represented by a bargaining agent,
or other representative from the workplace, where the employee is not represented by
a bargaining agent, in the development of the accommodation plan.
5. The steps taken to protect the privacy of the employee's personal information.
6. The frequency with which the individual accommodation plan will be reviewed and
updated and the manner in which it will be done.
7. If an individual accommodation plan is denied, the manner in which the reasons for
the denial will be provided to the employee.
8. The means of providing the individual accommodation plan in a format that takes into
account the employee's accessibility needs due to disability.
(3) Individual accommodation plans shall,
(a) if requested, include any information regarding accessible formats and
communications supports provided, as described in section 26;
(b) if required, include individualized workplace emergency response information, as
described in section 27; and
(c) identify any other accommodation that is to be provided.
Return to work process
29.. (1) Every employer, other than an employer that is a small organization,
(a) shall develop and have in place a return to work process for its employees who have
been absent from work due to a disability and require disability -related
accommodations in order to return to work; and
(b) shall document the process.
(2) The return to work process shall,
(a) outline the steps the employer will take to facilitate the return to work of employees
who were absent because their disability required them to be away from work; and
(b) use individual documented accommodation plans, as described in section 28, as part
of the. process.
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'(3) The return to work process referenced in this section does not replace or override any
other return to work process created by or under any other statute.
Performance management
30. (1) An employer that uses performance management in respect of its employees shall
take into account the accessibility needs of employees with disabilities, as well as individual
accommodation plans, when using its performance management process in respect of employees
with disabilities.
(2) In this section,.
"performance management" means activities related to assessing and improving employee
performance, productivity and effectiveness, with the goal of facilitating employee success.
Career development and advancement-
31. (1) An employer that provides career development and advancement to its employees
shall take into account the accessibility needs of its' employees with disabilities as well as any
individual accommodation plans, when providing career development and advancement to its
employees with disabilities.
(2) In this section,
"career development and advancement" includes providing additional responsibilities within an
employee's current position and the movement of an employee from one job to another in an
organization that may be higher in pay, provide greater responsibility or be at a higher level
in the organization or any combination of them and, for both additional responsibilities and
employee movement, is usually based on merit or seniority, or a combination of them.
Redeployment
32..(1) An employer that uses redeployment shall take into account the accessibility needs
of its employees with disabilities, as well as individual accommodation plans, when redeploying
employees with disabilities.
(2) In this section,
"redeployment" means the reassignment of employees to other departments or jobs within the
organization as an alternative to layoff, when a particular job or department has been
eliminated by the organization.
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PART IV
TRANSPORTATION STANDARDS
DEFINITIONS AND EXCEPTION
Definitions and exception
33. (1) In this Part,
"bus" means a motor vehicle designed for carrying ten or more passengers and used for the
transportation of persons; ("autobus")
"commuter rail" means a class of rail -based transportation, which is multi -unit, used for public
passenger transportation purposes, operated between an urban area and its suburbs and is
provided on designated lines between stations;
"conventional transportation services" means public passenger transportation services on transit
buses, motor coaches or rail -based transportation that operate solely within the Province of
Ontario and that are provided by a designated public sector transportation organization
described in paragraph 5 of Schedule 1, but does not include specialized transportation
services;
"conventional transportation service provider" means a designated public sector transportation
organization described in paragraph 5 of Schedule 1 that provides conventional
transportation services that operate solely within the Province of Ontario;
"inter -city rail" means a class of rail -based transportation,. which is multi -unit, used for public
passenger transportation purposes and is intended for express service covering long distances
with routes connecting two or more distinct or major locations;
"light rail" means a class of rail -based transportation, which is multi -unit, used for public
passenger transportation purposes, provided on designated lines between stations and is
intended for light loads and fast movement;
"mobility aid" means a device used to facilitate the transport, in a seated posture, of a person
with a disability;
"mobility assistive device" means a cane, walker or similar aid;
"motor coach" means a class of bus of monocoque design, designed to provide intercity,
suburban or commuter passenger transportation service and equipped with baggage storage
that is separate from the passenger cabin;
"rail -based transportation" means any single or multi -unit passenger transportation vehicle
operating exclusively on rail by a public transportation organization described in paragraph 5
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of Schedule 1, and includes streetcars, light rail vehicles, subways, commuter rail and inter-
city rail;
"specialized transportation service provider" means a designated public sector transportation
organization described in paragraph 5 of Schedule 1 that provides specialized transportation
services that operate solely within the Province of Ontario;
"specialized transportation services"' means public passenger transportation services that,
(a) operate solely within the Province of Ontario,
(b) are provided by a designated public sector transportation organization as described in
paragraph 5 of Schedule 1, and
(c) are designed to transport persons with disabilities; ("services de transport adapte")
"streetcar" means a class of rail -based transportation designed to operate on a.highway, as
defined in the Highway Traffic Act;
"subway" means a class of rail -based transportation, which is multi -unit, designed to operate on
a grade separated from highways, as defined in the Highway Traffic Act, and provides
service on designated lines between stations;
"support person" means, in relation to a person with a disability, another person who
accompanies the person with a disability in order to help with communication, mobility,
personal care or medical needs or with access to goods or services;
"taxicab" means a motor vehicle as defined. in the Highway Traffic Act, other than a car pool
vehicle, having a seating capacity of not more than six persons, exclusive of the driver, hired
for one specific. trip for the transportation exclusively of one person or group of persons, one
fare or charge only being collected or made for the trip and that is licensed as a taxicab by a
municipality;
"transit bus" means a class of bus which, while operated on a highway, as defined in the
Highway Traffic Act, ,is designed and intended to be used for passenger transportation.
(2) The funicular railway travelling on the Falls Incline Railway operated by the Niagara
Parks Commission is not rail -based transportation for purposes of this Regulation.
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CONVENTIONAL AND SPECIALIZED TRANSPORTATION SERVICE PROVIDERS, GENERAL
Availability of information on accessibility equipment, etc.
34. (1) All conventional transportation service providers and specialized transportation
service providers shall make available to the public current information on accessibility .
equipment and features of their.vehicles, routes and services.
(2) Conventional transportation service providers and specialized transportation service
providers shall, upon request, provide the information described in subsection (1) in an
accessible format.
(3) Conventional transportation service providers and specialized transportation service
providers shall meet the requirements of this section by January 1, 2012.
Non-functioning accessibility equipment
35. (1) If the accessibility equipment on a vehicle is not functioning and equivalent service
cannot be provided, conventional transportation service providers and specialized transportation
service providers shall take reasonable steps to accommodate persons with disabilities who
would otherwise use the equipment and the transportation service provider shall repair the
equipment as soon as is practicable.
(2) Conventional transportation service providers and specialized transportation service
providers shall meet the requirements of this section by July 1, 2011.
Accessibility training
36. (1) In addition to the training requirements set but in section 7, conventional
transportation service providers and specialized transportation service providers shall conduct
employee and volunteer accessibility training.
(2) The accessibility training shall include training on,
(a) the safe use of accessibility equipment and features;
(b) acceptable modifications to procedures in situations where temporary barriers exist or
accessibility equipment on a vehicle fails; and
(c) emergency preparedness and response procedures that provide for. the safety of
persons with disabilities.
(3) Conventional transportation service providers and specialized transportation service
providers shall meet the requirements of this section by January 1, 2014.
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Emergency preparedness and response policies
r
37. (1) In addition to any obligations that a conventional transportation service provider or
a specialized transportation service provider has under section 13, conventional transportation
service providers and specialized transportation service providers shall establish, implement,
maintain and document. emergency preparedness and response policies that provide for the
safety of persons with disabilities.
(2) Conventional transportation service providers and specialized transportation service
providers shall, upon request, provide the policies described in subsection (1) m an accessible
format.
(3) Conventional transportation service providers and specialized transportation service
providers shall meet the requirements of this section by January 1, 2012.
Fares, support persons
38. (1) No conventional transportation service provider and no specialized transportation
service provider shall charge a fare to a support person who is accompanying a person with a
disability where the person with a disability has a need for a support person.
(2) It is the responsibility of a person with a disability to demonstrate the need for a support
person to accompany them on the conventional or specialized transportation service and to
ensure that the appropriate designation fora support person is in place.
(3) Conventional transportation service providers and specialized transportation service
providers shall meet the requirements of this section by January 1, 2014.
Transition, existing contracts
39. Where a conventional transportation service provider has, on June 30, 2011, existing
contractual obligations to purchase vehicles that do not meet the requirements of this Part, the
transportation service provider may honour the existing contract.
Transition, existing vehicles
40. (1) Conventional transportation service providers and specialized transportation service
providers are not required to retrofit vehicles that are within their fleet as of July 1, 2011 in
order to ensure that the vehicles meet the accessibility requirements of this Part.
(2) If a conventional transportation service provider modifies. a portion of a vehicle to which
subsection (1) applies in a way that affects or could affect accessibility on or after July 1, 2011,
the transportation service provider shall ensure that the modified portion meets the requirements.
of this Part.
(3) Where subsection (2) applies and the modification is with respect to matters referred to
in section 53, 55, 57 or 61 or subsection 62 (2), the conventional transportation service provider
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does not have to meet the requirements of this Part if the modifications would impair the
structural integrity of the vehicle or the mobility aid accessible rail car.
CONVENTIONAL AND SPECIALIZED TRANSPORTATION SERVICE PROVIDERS, ACCESSIBILITY
PLANS
Accessibility plans, conventional transportation services
41. (1) In addition to the accessibility plan requirements set out in section 4, in their
accessibility plan conventional transportation service providers shall,
(a) identify initiatives to encourage persons with disabilities who are, or were, eligible for
specialized transportation services, to use convectional transportation services; and
(b) identify the process for managing, evaluating and taking action on customer feedback.
(2) Every conventional transportation service provider shall annually hold at least one
public meeting involving persons with disabilities to ensure that they have an opportunity to
participate in a review of the accessibility plan and that they are given_ the opportunity to provide
feedback on the accessibility plan.
(3) If the provider of conventional transportation services also provides specialized
transportation services, the transportation service provider shall address both types of
transportation services in its accessibility plan.
(4) Transportation service providers shall meet the requirements of this section by January
1, 2013.
Accessibility plans, specialized transportation services
42. (1) Specialized transportation service providers shall, in their accessibility plans,
identify the process for estimating the demand for specialized transportation services:
(2) Specialized transportation service providers shall meet the requirements of this section
by January 1, 2013.
Accessibility plans, conventional and specialized transportation services
43. (1) Conventional transportation service providers and specialized transportation
services providers shall, in their accessibility plans, describe their procedures for dealing with
accessibility equipment failures on their respective types of vehicles.
(2) Transportation service providers shall meet the requirements of this section by January
1, 2013.
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CONVENTIONAL TRANSPORTATION SERVICE PROVIDERS, GENERAL
General responsibilities
44. (1) Conventional transportation service providers shall,
(a) deploy lifting devices, ramps or portable bridge plates upon the request of a person
with a disability;
(b) ensure that adequate time is provided to persons with disabilities to safely board, be
secured and deboard transportation vehicles and that assistance be provided, upon
request, for these activities;
(c) assist with safe and careful storage of mobility aids or mobility assistive devices used
by persons with disabilities; and
(d) allow a person with a disability to travel with a medical aid.
(2) Conventional transportation service providers shall, upon request, make information on
the matters referred to in subsection (1) available in an accessible format.
(3) Conventional transportation service providers shall comply with the requirements of this
section by January 1, 2012.
(4) In this section,
"medical aid" means an assistive device, including respirators and portable oxygen supplies.
Alternative accessible method of transportation
45. (1) Except where not practicable to do so, a conventional transportation service
provider that does not provide specialized transportation services shall ensure that any person
with a disability who, because of his or her disability, is unable to use conventional.
transportation services is provided with an alternative accessible method' of transportation.
(2) Subsection (1) does not apply where specialized transportation services are provided by
a specialized transportation service provider in the same jurisdiction where the conventional
transportation service provider provides transportation services.
(3) . Conventional transportation service providers shall comply with the requirements of this
section by January 1, 2013.
Fares
46. (1) No conventional transportation service provider shall charge a higher fare to a
person with a disability than the fare that is charged to a person without a disability where the
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person with a disability uses conventional transportation services, but a conventional
transportation service provider may charge a lesser fare for a person with a disability.
(2) Conventional transportation service providers that do not provide specialized
transportation services shall make available alternative fare payment options to persons with
disabilities who cannot, because of their disability, use a fare payment option..
(3) Conventional transportation service providers shall meet the requirements of subsection
(1) by July 1, 2011 and the requirements of subsection (2) by January 1, 2013.
Transit stops
47. (1) Conventional transportation service providers, in respect of transportation vehicles
to which this section applies, shall ensure that persons with disabilities are able to board or
debo.ard a transportation vehicle at the. closest available safe location, as. determined by the
operator, that is not an official stop, if the official stop is not accessible and the safe location is
along the same transit route.
(2) In determining where a safe location may be situated for the purposes of subsection (1),
the conventional transportation service provider shall give consideration to the preferences of
the person with a disability.
(3) Conventional transportation service providers shall ensure that operators of their
transportation vehicles report to an appropriate authority where a transit stop is temporarily
inaccessible or where a temporary barrier exists.
(4) This section applies to the following:
Transit buses.
2. Motor coaches.
3. Streetcars.
(5) Conventional transportation service providers shall meet the requirements of this section
by January 1, 2012.
Storage of mobility aids, etc.
48. (1) Every conventional transportation service provider shall, if safe storage is possible,
ensure that mobility aids and mobility assistive devices are stored in the passenger
compartments of its transportation vehicles within reach of the person with the disability who
uses the aid or device.
(2) If safe storage of mobility aids and mobility assistive devices is not possible within the
passenger compartment and the vehicle is equipped with a baggage compartment, a
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conventional transportation service provider shall ensure that mobility aids and mobility
assistive devices are stored in the baggage compartment of the vehicle on which the person with
the disability is travelling.
(3) Every conventional transportation service provider shall ensure that operators of its
transportation vehicles secure and return mobility aids and mobility assistive devices in a
manner that does not affect the safety of other passengers and does not cause damage to the aid
or device, where the mobility aid or mobility assistive device is stored in the baggage
compartment of the vehicle.
(4) No conventional transportation service provider shall charge a fee for the storage of a
mobility aid or a mobility assistive device.
(5) This section applies in respect of the following:
l .
Transit buses.
2.
Motor coaches.
3.
Streetcars.
4.
Subways.
5.
Light rail.
6.
Commuter rail.
7.
Inter -city rail.
(6) Subject to subsection (7), conventional transportation service providers shall meet the
requirements of this section by January 1, 2012.
(7) Conventional transportation service providers shall comply with subsection (4) by July
1, 2011.
Courtesy seating
49. (1) Every conventional transportation service provider shall ensure that there is clearly
marked courtesy seating for persons with disabilities on its transportation vehicles and that the
courtesy seating meets the standards set out in this section.
(2) The courtesy seating for persons with disabilities shall be located as close as practicable
to the entrance door of the vehicle.
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(3) The courtesy seating for persons with disabilities shall be signed to indicate that
passengers; other than persons with disabilities, must vacate the courtesy seating if its use is
required by a person with a disability.
(4) This section applies in respect of the following:
1. Transit buses.
2. Motor coaches
3. Streetcars.
4. Subways.
5. Light rail.
6. Commuter rail.
7. Inter -city rail.
(5) Conventional transportation service providers shall meet the requirements of this section
by July 1, 2011.
Service disruptions
50. (1) Where a route or scheduled service is temporarily changed and the change is known
in advance of the commencement of the trip, conventional transportation service providers shall,
(a) make available alternate accessible arrangements to transfer persons with disabilities
to their route destination'where alternate arrangements for persons without disabilities
are inaccessible; and
(b) ensure information on alternate arrangements is communicated in a manner that takes
into account the person's disability.
(2) This section applies in respect of the following:
1. Transit buses.
2. Motor coaches.
3. Streetcars.
4. Subways.
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5.. Light rail.
6. Commuter rail.
7. Inter -city rail.
(3) Conventional transportation service providers shall meet the requirements of this section
by July 1, 2013.
Pre -boarding announcements
51. (1) Every conventional transportation service provider shall ensure that there are, on
request, a pre -boarding verbal announcements of the route, direction, destination or -next major
stop.
(2) Every conventional transportation service provider shall ensure that there are electronic
pre -boarding announcements of the route, direction, destination or next major stop on its
transportation vehicles and that that these announcements•satisfy the requirements set out in
section 58.
(3) This section applies in respect of the.following:
1.
Transit buses.
2.
Motor coaches.
3.
Streetcars.
4.
Subways.
5.
Light rail.
6.
Commuter rail.
7.
Inter -city rail.
(4) Conventional transportation service providers shall meet the requirements of subsection
(1) by July 1, 2011 and the requirements of subsection (2) by January 1, 2017.
On -board announcements
52. (1) Every conventional transportation. service provider shall ensure that there are verbal
announcements of all destination points or stops on its transportation vehicles while the vehicle
is on route or while the vehicle is being operated.
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(2) Every conventional transportation service provider shall ensure that all destination
points or stops,
(a) are announced through electronic means; and
(b) are legibly and visually displayed through electronic means.
(3) For purposes of clause (2) (b), visual displays of destination points or stop information
shall satisfy the requirements set out in section 58.
(4) This section applies in respect of the following:
1.
Transit buses.
2.
Motor coaches.
3.
Streetcars.
4.
Subways.
5.
Light rail.
6.
Commuter rail.
7.
Inter -city rail.
(5) Conventional transportation service providers shall meet the requirements of subsection
(1) by July 1, 2011. and the requirements of subsections (2) and (3) by January 1, 2017.
CONVENTIONAL TRANSPORTATION SERVICE PROVIDERS, TECHNICAL REQUIREMENTS
Requirements re grab bars, etc.
53. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles to which this section applies that are manufactured on or after January 1,
2013 are equipped with grab bars, handholds, handrails or stanchions that are provided where
appropriate at,
(a) locations where passengers are required to pay fares;
(b) each mobility aid securement position;
(c) each courtesy seating area intended for use by persons with disabilities; and
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(d) each side of any entrance or exit used by persons with disabilities.
(2) With respect to all transportation vehicles to which this section applies, every
conventional transportation service provider shall ensure that grab bars, handholds, handrails or
stanchions located at an entrance or exit used by a person with a disability are accessible from
ground level and are mounted so that they are inside the vehicle when the doors are closed.
(3) Every conventional transportation service provider shall ensure that all vehicles to which
this section applies meet the following standards:
1. The location of grab bars, handholds, handrails or stanchions must be distributed, as
appropriate to the vehicle's design, throughout the vehicle to support independent and
safe boarding, on -board circulation, seating and standing assistance and deboarding
for persons with disabilities.
2. Grab bars, handholds, handrails or stanchions must not interfere with the turning and
manoeuvring space required for mobility aids to reach the allocated space from the
entrance.
Grab bars, handholds, handrails or stanchions must be high colour -contrasted with
their background to assist with visual recognition.
4. Every grab bar, handhold, handrail or stanchion must,
i. be sturdy, rounded and free of any sharp or abrasive element,
ii. have an exterior diameter that permits easy grasping by the full range of
passengers and sufficient clearance from the surface to which it is attached,
iii. be designed to prevent catching or snagging of clothes or personal items, and
iv. have a slip resistant surface.
5. Where grab bars, handholds, handrails or stanchions return to a wall or floor, they
must do so in a smooth curve.
6. Brackets, clamps, screw heads or other fasteners used on grab bars, handholds,
handrails or stanchions must be rounded or flush with the surface and free from burrs
or rough edges.
(4) This section applies in respect of the following:
1. Transit buses.
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2.
Motor coaches.
3.
Streetcars.
4.
Subways.
5.
Light rail.
6.
Commuter rail.
7.
Inter -city rail.
.(5) Despite subsection (4), this section does not apply to vehicles regulated under
Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles,for the Transportation of
Physically Disabled Passengers) under the Highway Traffic Act.
(6) Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of a type referenced in subsection (4)
on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
(7) Subsection (6) does not apply if the installation of the grab bars, handholds, handrails or
stanchions would impair the structural integrity of the vehicle.
Floors and carpeted surfaces
54.. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies,
(a) have floors that produce a minimal glare and are slip resistant; and
(b) any carpeted surfaces have a low, firm and level pile or loop and are securely
fastened.
(2) This section applies in respect of the following:
1. Transit buses.
2. Motor coaches.
3. Streetcars.
4. Subways. .
5. Light rail.
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6. Commuter rail.
7. Inter -city rail.
-(3) Despite subsection (2), this section does not apply to vehicles regulated under.
Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of
Physically Disabled Passengers) under the Highway Traffic Act.
(4) Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of a type referenced in subsection (2)
on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the.
requirements of this section.
Allocated mobility aid spaces
55. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies,
(a) have two or more allocated mobility aid spaces, with each space being a minimum of,
(i) 1220 millimetres by 685 millimetres for vehicles designed to have a seating
capacity of 24 passengers or less, and
(ii) 1220 millimetres by 760 millimetres for vehicles. designed to have a seating
capacity of more than 24 passengers; and
(b) are equipped, as appropriate, with securement devices.
(2) Spaces on transportation vehicles that are allocated as mobility aid spaces may be used
for other passenger purposes, if not required for use by a person with a disability who uses a
mobility aid.
(3) This section applies in respect of the following:
1. Transit buses.
2. Motor coaches.
3. Streetcars.
4. Subways.
5. Light rail.
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6. Commuter rail.
7. Inter -city rail.
(4) Despite subsection (3), subsection (1) does not apply to vehicles that have two.or more
allocated mobility aid spaces' and that are regulated under Regulation 629 of the Revised
Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled
Passengers) under the Highway Traffic Act.
(5) Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of a type referenced in subsection (3)
on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
(6) Subsection (5) does not apply if the installation of mobility aid spaces would impair the
structural integrity of the vehicle.
Stop -requests and emergency response controls
56. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies,
are equipped with accessible stop -requests and emergency response controls that are located
throughout the transportation vehicle, including places within reach of allocated mobility aid
spaces and courtesy seating locations.
(2) Accessible stop -requests and emergency response controls must meet the following
standards:
1. They must provide auditory and visual indications that the request has been made.
2. They must be mounted no higher than 1220 'millimetres and no lower than 380
millimetres above the floor.
3. They must be operable with one hand and must not require tight grasping, pinching or
twisting of the wrist.
4. They must be high colour -contrasted with the equipment to which the control is
mounted.
5. They must provide tactile information on emergency response controls.
(3) With respect to stop -requests, this section applies to the following:
1. Transit buses.
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2.. Motor coaches.
3. Street cars.
(4) With respect to emergency response'controls, this section applies to the following:
1. Subways.
2. Light rail.
3. Commuter rail.
4. Inter -city rail.
(5) Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(3) or (4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles
meet the requirements of this section.
Lighting features
57. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies
are equipped with lights above or beside each passenger access door that are constantly lit when
the door is open and that illuminate the lifting device, ramp, portable bridge plate or step
nosings, as the case may be.
(2) The light above or beside each passenger access door must,
(a) when the door is open, illuminate the ground surface for a distance of at least .9
metres perpendicular to the bottom step tread or lift outer edge; and
(b) be shielded to protect the eyes of entering and exiting passengers.
(3) This section applies in respect of the following:
1.
Transit buses.
2.
Motor coaches.
3.
Streetcars.
4.
Subways.
5.
Light rail.
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6. Commuter rail.
7. Inter -city rail.
(4) Despite subsection (3), this section does not apply to vehicles regulated under
Regulation 629 of the, Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of
Physically Disabled Passengers) under the Highway Traffic Act.
(5) Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(3) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
(6) Subsection (5) does not apply if the installation of the lights would impair the structural
integrity of the vehicle.
Signage
58. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies
display the route or direction of the transportation vehicle or its destination or next major stop.
(2) For purposes of subsection (1), the signage displaying the route or direction or
destination or next stop may include pictograms or symbols, but the signage must,
(a) be visible at the boarding point;
(b) be consistently located;
(c) have a glare -free surface; and
(d) be positioned to avoid shadow areas and glare.
(3) Every conventional transportation service provider shall ensure that the signage
displaying the route or direction or destination or next stop,
(a) is consistently shaped, coloured and positioned, when used in the same type of
transportation vehicle to give the same type of information; and
(b) has text that;
(i) is high colour -contrasted with its background, in order to assist with visual
recognition, and
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(ii) has the appearance of solid characters.
(4) This section applies in respect of the following:
1. Transit buses.
2. Motor coaches.
3.. Streetcars.
4. Subways.
5. Light rail.
6. Commuter rail.
7: Inter -city rail.
(5) Despite subsection'(1), where_a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
Lifting devices, etc.
59. (1) Every conventional transportation service provider shall ensure that all of its
transportation vehicles manufactured on or after January 1, 2013 to which this section applies .
are equipped with lifting devices, ramps or portable bridge plates and that each of them has,
(a)' a colour strip that runs its full width marking the bottom edge and that is high colour
contrasted with its background to assist with visual recognition;
(b) a slip resistant platform surface; and
(c) raised edges of sufficient height to prevent a mobility aid from rolling off the edge of
the ramp during the boarding or deboarding of passengers.
(2) This section applies in respect of the following:
1.
Transit buses.
2.
Motor coaches.
3.
Streetcars.
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4. Subways.
5. Light rail.
6. Commuter rail. .
7. Inter -city rail.
(3) Despite subsection (2), this section does not apply to vehicles that are equipped with
lifting devices, ramps or portable bridge plates and that are regulated under Regulation 629 of
the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically
Disabled Passengers) under the Highway Traffic Act.
(4). Despite subsection (1), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(2) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
Steps
60. (1) Every conventional transportation service provider shall ensure that where
transportation vehicles are equipped with steps, the steps meet the following requirements:
1. The top outer edge of each step is marked by a colour strip that is high colour -
contrasted with its background, to assist with visual recognition, that runs. the full
width of the leading edge of the step, excluding any side edge mouldings, and can be
viewed from both directions of travel.
2. The steps have surfaces that are slip resistant and that produce minimal glare.
3. The steps have uniform, closed riser heights and tread depths, subject to the structural
limitations of the vehicle.
(2) This section applies in respect of the following:
1. Transit buses
2. Motor coaches.
3. Streetcars.
4. Subways.
5. Light rail.
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6. Commuter rail.
7. Inter -city rail.
(3) Despite subsection (2), this section does not apply to vehicles regulated under
Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of
Physically Disabled Passengers) under the Highway Traff c Act.
(4) Conventional transportation service providers shall comply with the requirements of this
section in respect of its vehicles to which this section applies that are manufactured on or after
January 1, 2013.
(5) Despite subsection (4), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(2) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
Indicators and alarms
61. (1) Every conventional transportation service provider shall ensure that where its
transportation vehicles have a ramp, lifting device or a kneeling function, each of them is
equipped with a visual warning lamp indicator mounted on the exterior near the mobility aid
accessible door and with an audible warning alarm.
(2) The visual warning lamp indicator and the audible warning alarm must function when
the kneeling function, ramp or lifting device is in motion.
(3) If a ramp or lifting device is being manually operated, no warning lamp indicator or
warning alarm is required.
(4) This section applies, in respect of the following:
1. Transit buses.
2. Motor coaches.
3. Streetcars.
4. Subways.
5. Light rail. .
6. Commuter rail.
7. Inter -city rail.
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(5) Despite subsection (4),. this section does not apply to vehicles regulated under
Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of
Physically Disabled Passengers) under the Highway Traffic Act.
(6) Conventional transportation service providers shall comply with the requirements of this
section in respect of its vehicle to which the section applies that are manufactured on or after
January 1, 2013.
(7) Despite subsection (6), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used vehicles of the type referenced in subsection
(4) on or after July 1, 2011, the transportation service provider shall ensure the vehicles meet the
requirements of this section.
(8) Subsection (7) does not apply if the installation of the warning lamp indicator or
warning alarm would impair the structural integrity of the vehicle.
Accessibility, rail cars
62. (1) Every conventional transportation service provider whose transportation services
include light rail, commuter rail or inter -city rail shall ensure that at least one rail car per train is
accessible to persons with disabilities who use mobility aids.
(2) Every conventional transportation service provider whose transportation services include
light rail, commuter rail or inter -city rail shall ensure that where washrooms are provided on the
rail cars there is at least one mobility aid accessible washroom on the mobility aid accessible rail
car.
(3) Conventional transportation service providers shall meet the requirements of subsection
(1) by July 1, 2011.
(4) Conventional transportation service providers shall meet the requirements of subsection
(2) by January 1, 2013 with respect to trains that are using rail cars manufactured on or after
January 1, 2013.
(5) Despite subsection (4), where a conventional transportation service provider enters into
a contractual obligation to purchase new or used rail cars on or after July 1, 2011, it shall ensure
that trains that are using such rail cars meet the requirements of subsection (2).
(6) Subsection (5) does not apply if the installation of the mobility aid accessible washroom
would impair the structural integrity of the mobility aid accessible rail car.
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SPECIALIZED TRANSPORTATION SERVICE PROVIDERS
Categories of eligibility
63. (1) Every specialized transportation service provider shall have three categories of
eligibility to qualify for specialized transportation services,
(a) unconditional eligibility;
(b) temporary eligibility; and
(c) conditional eligibility.
(2) For purposes of eligibility for specialized transportation services, specialized
transportation service providers shall categorize persons with disabilities as follows:
1. A person with a disability that prevents them from using conventional transportation
services shall be categorized as having unconditional eligibility_
2. A person with a temporary disability that prevents them from using conventional
transportation services shall be categorized as having temporary eligibility.
3. A person with a disability where environmental or physical barriers. limit their ability
to consistently use conventional transportation services shall be categorized as having
conditional eligibility.
(3) A specialized transportation service provider may deny requests for specialized
transportation services to persons who are categorized as having temporary eligibility or
conditional eligibility if the conventional transportation service is accessible to the person and
the person has the ability to use it.
(4) Specialized transportation service providers shall meet the requirements of this section
by January 1, 2017.
Eligibility application process -
64. (1) If a person has completed an application for eligibility for specialized transportation
services and the person's eligibility has not been determined within 14 calendar days after the
completed application is received by the specialized transportation service provider, the person
shall .be considered to have temporary eligibility for specialized transportation services until a
decision on his or her eligibility is made.
(2) A specialized transportation service provider shall not charge a fee to persons with
disabilities who apply or who are considered eligible for specialized transportation services.
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(3) A specialized transportation service provider may require a reassessment of the
eligibility of temporarily eligible registrants at reasonable intervals.
(4) A specialized transportation service provider shall, upon the request of the person
requesting specialized transportation services, make available to the requester all of his or her
specialized transportation services eligibility application and decision information in accessible
formats.
(5) A specialized transportation service provider shall establish anindependent appeal
process to review decisions respecting eligibility.
(6) An applicant may only appeal a decision with respect to their eligibility for specialized
transportation services, if the applicant has new information that was not presented with the
original application.
(7) A specialized transportation service provider shall make a decision on an appeal with
respect to eligibility within 30 calendar days after receiving the complete appeal application, but
if a final decision is not made within the 30 days, the applicant shall be granted temporary
eligibility until a final decision is made.
(8) Specialized transportation service providers shall meet the requirements of this section
by January 1, 2014.
(9) A specialized transportation service provider shall have policies respecting the
collection, use and disclosure of personal information collected for purposes of determining
eligibility under this section.
(10) In this section,
"personal information" means personal information within the meaning of the Freedom of
Information and Protection of Privacy Act.
Emergency or compassionate grounds
65. (1) Specialized transportation service providers shall develop procedures respecting the
provision of temporary specialized transportation services earlier than in the 14 calendar days
referred to in subsection 64 (1),
(a) where the services are required because of an emergency or on compassionate
grounds; and
(b) there are no other accessible transportation services to meet the person's needs.
(2) A person shall apply for the services described in subsection (1) in the manner
determined by the specialized transportation service provider.
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(3) Specialized transportation service providers shall meet the requirements of this section
by January 1, 2014.
Fare parity
66. (1) Where conventional transportation services and specialized transportation services
are provided by separate transportation service providers in the same jurisdiction, the specialized
transportation service provider shall not charge more than the highest fare charged for
conventional transportation services in the same jurisdiction.
(2) Specialized transportation service providers shall meet the requirements of subsection
(1) by January 1, 2017.
(3) Where a transportation service provider provides both conventional transportation
services and specialized transportation services, the transportation service. provider shall ensure
that there is fare parity between conventional transportation services and specialized
transportation services.
(4) Transportation service providers to which subsection (3) applies shall meet the
requirements of that subsection by January 1, 2013.
(5) Where a transportation service provider provides both conventional transportation
services and specialized transportation services, the transportation service provider shall ensure
that the same fare structure is applied to conventional transportation services and specialized
transportation services.
(6) Where a transportation service provider provides both conventional transportation
services and specialized transportation services, the 'transportation service provider shall ensure
that the same fare payment options are available for all transportation services, but alternative
options shall be made available to persons with disabilities who cannot because of their
disability use a fare payment option.
(7) Conventional transportation service providers and specialized transportation service
providers shall meet.the requirements of subsections (5) and (7) by January 1, 2013.
(8) In this section,
"fare structure's means the fare price determined by fare media such as cash, tickets and bulk
quantity discounts and by fare category such as adults, seniors and students and bulk quantity
discounts., but does not include promotional fares that a transportation service provider may
employ from time to time.
:
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Visitors
67. (1) Every specialized transportation service provider shall,
(a) make specialized, transportation services available to visitors; and
(b) consider as eligible,
(i) visitors who provide confirmation that they are eligible for specialized
transportation services in the jurisdiction in which they reside, or
(ii) visitors who meet the specialized transportation services eligibility
requirements of the specialized transportation service provider.
(2) Every specialized transportation service provider shall develop criteria to determine who
falls into the category of visitor for purposes of this section.
(3) Specialized transportation services providers shall meet the requirements of this section
by January 1, 2013.
(4) A specialized transportation service provider shall have policies respecting the
collection, use and disclosure of personal information collected for purposes of determining
eligibility under this section.
(5) In this section,
"personal information" means personal information within the meaning of the Freedom of
Information and Protection of Privacy Act.
Origin to destination services
68. (1) Every specialized transportation service provider shall provide origin to destination
services within its service area that takes into account the abilities of its passengers and that
accommodates their abilities.
(2) Origin to destination services may include. services on any accessible conventional
transportation services.
(3) For purposes of this section, origin to destination services refers to the overall package
of transportation services that allows a specialized transportation service provider to provide, in
a flexible way, transportation services in a manner that best meets the needs of persons with
disabilities and includes door-to-door service, if required.
(4) Specialized transportation service providers shall meet the requirements of this section
by July 1, 2011.
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Co-ordinated service
69. (1) Where specialized transportation services are provided in adjacent municipalities
within contiguous urban areas, the specialized transportation service providers shall facilitate
connections between their respective services.
(2) Specialized transportation service providers to which subsection (1) applies shall
determine the accessible stops and drop off locations in the contiguous urban areas that has
specialized transportation services.
(3) Specialized transportation service providers shall meet the requirements of this section
by January 1, 2013.
Hours of service
70. (1) Where conventional transportation services and specialized transportation services
are provided by separate transportation service providers in the same jurisdiction, the specialized
transportation service provider shall ensure that it has, at a minimum, the same hours and days
of service as any one of the conventional transportation service providers.
(2) Where a transportation service provider provides both conventional transportation
services and specialized transportation services, it shall ensure that the specialized transportation
services has, at a minimum, the same hours and days of service as the conventional
transportation services.
(3) Specialized transportation service providers to which subsection (1) applies shall meet
the requirements of subsection (1) by January 1, 2017 and transportation service providers to
which subsection (2) applies shall meet the requirements of subsection (2) by January 1, 2013.
Booking
71. (1) Every specialized transportation service provider shall, where the specialized
transportation services require reservations,
(a) provide same day service to the extent that it is available; and
(b) where same day service is not available, accept booking requests up to three hours
before the published end of the service period on the day before the intended day of
travel.
(2) A specialized transportation service provider to whom subsection (1) applies shall
provide accessible means to accept reservations.
(3) Specialized transportation services providers shall meet the requirements of this section
by January 1, 2014.
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Trip restrictions
72. (1) No specialized transportation service provider shall limit the availability of
specialized transportation services to persons with disabilities by,
(a) restricting the number of trips a person with a disability is able to request; or
(b) implementing any policy or operational practice that unreasonably limits the
availability of specialized transportation services.
(2) Specialized transportation services providers shall meet the requirements of this section
by January 1, 2014.
Service delays
73. (1) Every specialized transportation service provider, where the specialized
transportation services require reservations, shall provide information on the duration of service
delays to affected passengers by a method agreed to by the specialized transportation service
provider and passenger.
(2) For purposes of this section, a service delay is a delay of 30 minutes or more after the
scheduled pick-up time.
(3) This section does not apply in respect of delays in service that arise during the trip.
(4) Specialized transportation services. providers shall meet the requirements of this section
by January 1, 2013.
Companions and children
74. (1) Every specialized transportation service provider shall allow companions to travel
with persons with disabilities if space is available and will not result in the denial of service to
other persons with disabilities.
(2) Every specialized transportation service provider shall allow dependants to travel with a
person with a disability who is the parent or guardian of the dependant if appropriate child
restraint securement systems and equipment are, if required, available.
(3) Specialized transportation services providers shall meet the requirements of this section
by January 1, 2012
OTHER TRANSPORTATION SERVICES
School transportation
75. (1) This section applies to every school board that provides transportation services for
its students.
MO
N
EVA
(2) School boards to which this section applies shall,
(a) ensure that integrated accessible school transportation services are provided for their
students; or
(b) ensure that appropriate alternative accessible transportation services are provided for
students with disabilities, where in the opinion of the board integrated accessible
school transportation services are not possible or not the best option for a student with
a disability because of the nature of the disability or safety concerns.
(3) School boards to which this section applies shall, in consultation with parents or
guardians of students with disabilities,
(a) identify students with disabilities before the commencement of each school year or
during the school year, based on the needs of the student with a disability;
(b) develop'individual school transportation plans for each student with a disability that,
(i) detail student assistance needs for each student with a disability, and
(ii) include plans for individual student boarding, securement and deboarding;
and
(c) identify and communicate to the appropriate parties the roles and responsibilities of
the transportation provider, the parents or guardians of the student with the disability,
the operator of the vehicle used to transport the student, appropriate school staff and
the student with the disability.
(4) School boards to which this section applies shall meet,
(a) the requirements of subsection (2) by July 1, 2011; and
(b) the requirements of subsection (3) by January 1, 2014
(5) In this section,
"school board" means a "board" as defined in subsection 1 (1) of the Education Act;
"transportation services" means transportation that a board provides under section 190 of the
Education Act.
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Public sector organizations
76. (1) Designated public sector organizations described in paragraphs 2, 3 and 4 of
Schedule 1 that are not primarily in the business of transportation, but that provide
transportation services; shall provide accessible vehicles or equivalent services upon request.
(2) Designated public sector organizations referred to in subsection (1) shall meet the
requirements of this section by July 1, 2011.
Ferries
77. (1) Designated public sector organizations that operate ferries that are under provincial
jurisdiction shall do so in accordance with the Code of Practice entitled "Ferry Accessibility for
Persons with Disabilities" ("the Code").
(2) Designated public sector. organizations that operate ferries to which this section applies
shall meet the requirements of sections 2.1, 2.2, 2.3, 2.4, 2.11, 2.12, 2.13 and 3 of the Code by
July 1, 2011.
(3) Designated public sector organizations that operate ferries to which this section applies
shall ensure that its ferries that -are manufactured on or after July 1, 2013 meet the requirements
of sections 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.14, 2.15, 2.16, 2.17, 2.18 and 2.19 of the Code.
(4) The following sections apply, as of the date set out in the sections, with necessary
modifications, to ferries to which this section applies:
1. Section 34, (Availability. of information on accessibility equipment, etc.)).
2. Section 36 (Accessibility training).
3. Section 37 (Emergency preparedness and response policies).
4. Section 38 (Fares, support persons).
5. Section 44 (General responsibilities).
6. Section 46 (Fares).
7. Section 48 (Storage of mobility aids, etc.)
8. Section 50 (Service disruptions).
(5) In this section,
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"ferry" means a vessel providing passenger transportation services solely within the province of
Ontario, transporting passengers only or passengers and motor vehicles, that may be used by
the general public and that weighs 1000 gross tonnes or more;
"Ferry Accessibility for Persons with Disabilities" means the document referred to as a Code of
Practice entitled "Ferry Accessibility for Persons with Disabilities", published by the
Canadian Transportation Agency and dated 1999! .
DUTIES OF MUNICIPALITIES AND TAXICABS
Duties of municipalities, general
78. (1) The council of every municipality described in subsection 29 (1) of the Act shall
consult with its municipal accessibility advisory committee, the public and persons with
disabilities in the development of accessible design criteria to be considered in the construction
Or replacement of bus stops and shelters.
(2) The council of every municipality described in subsection 29 (1) of the Act shall identify
planning for accessible bus stops and shelters in its accessibility plan required under Part I.
(3) The council of every municipality described in subsection 29 (1) of the Act shall consult
with its municipal accessibility advisory committee, the public and persons with disabilities to
determine the proportion of on -demand accessible taxicabs required in the community.
(4) The council of every municipality described in subsection 29 (1) of the Act shall identify
progress made toward meeting the need for accessible taxicabs in its accessibility plan required
under Part I.
(5) Municipalities described in subsection 29 (1) of the Act shall meet the requirements of
this section by January 1, 2013.
(6) In this section,
"accessible taxicab" means an accessible taxicab as defined in section 1-of Regulation 629 of the
Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically
Disabled Persons) made under the Highway Traffic Act.
Duties of municipalities, taxicabs
79. (1) Any municipality that licences taxicabs shall ensure that owners and operators of
taxicabs are prohibited,
(a) from charging a higher fare or an additional fee for persons with disabilities than for
persons without disabilities for the same trip; and
(b) from charging a fee for the storage of mobility aids or mobility assistive devices.
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. (2) Any municipality that licences taxicabs shall ensure that owners and operators of
taxicabs shall place vehicle registration and identification information on the rear bumper of the
taxicab.
(3) The information in subsection (2) shall meet the requirements of subsection58 (3).
(4) Municipalities described in this section shall meet the requirements in this section,
(a) by July 1, 2011, in respect of subsection (1); and
(b) by January 1, 2012, in respect of subsection (2).
PART V
COMPLIANCE
Application
80. This Part applies in respect to this Regulation and Ontario Regulation 429/07
(Accessibility Standards for Customer Service) made under the Act.
Definition
81. In this Part,
"corporation" means any corporation with or without share capital wherever or however
incorporated and. includes a corporation with or without share capital that is incorporated or
continued otherwise than by or under the authority of an Act of the Legislature.
Amount of administrative penalty
82. (1) For purposes of paragraph 3 of subsection 21 (3), paragraph 2 of subsection 21 (4),
subsection 21 (5) and paragraph 2 of subsection 33 (8) of the Act, a director shall determine the
amount of the administrative penalty according to the following rules:
The director shall determine whether, in his or her opinion, the severity of the impact
of the contravention is of a minor, moderate or major nature.
2. The director shall determine the contravention history of the person or organization
over the current two reporting cycles period.
3. The director shall determine whether the person or organization is a corporation or an
individual or unincorporated organization.
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4. Based on the determinations made in accordance with paragraphs 1, 2 and 3, and
subject to paragraph 5, the director shall determine the amount of administrative
penalty using Schedule 2, in the case of an individual or unincorporated organization,
or Schedule 3, in the case of a corporation.
5. In cases where the impact of the contravention is determined to be major and the
contravention history of the person or organization is determined to be major, the
director may treat the penalty determined in accordance with Schedule 2 or 3 as a
daily penalty to a maximum of,
i. $100,000, in the case of a corporation, and
ii. $50,000, in the case of an individual or unincorporated organization.
(2) For purposes. of paragraph 1 of subsection (1), the severity of the impact of the
contravention shall be determined by ranking the contravention as minor, moderate or major in
the following manner:
1. A contravention is minor where it involves the contravention of an administrative
requirement.
2. A contravention is moderate where it involves the contravention of a requirement for
organizational _preparedness.
3. A contravention is major where it involves the contravention • of a priority requirement
that includes, but is not limited to, a contravention that may pose a health or safety
risk to persons with disabilities.
(3) For purposes of paragraph 2 of subsection (1), the contravention history of the person or
organization shall be determined by ranking it as minor, moderate or major in the following
manner:
1. A contravention history is minor where there has been no more than one previous
contravention within the current two reporting cycles period.
2. A contravention history is moderate where there has been between two and five
previous contraventions within the current two reporting cycles period.
3. A contravention history is major where there has been six or more previous
contraventions within the current two reporting cycles period.
(4) For purposes of this section and subject to subsection (7), the current two reporting
cycles period is determined as follows:
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1. A reporting cycle corresponds to the cycle within which a person or organization must
file an accessibility report under subsection 14 (1) of the Act and begins on the first
day the person or organization must file the report and ends on the last day before the
next report must be filed.
2. Subject to paragraph 3, the current two reporting cycles period refers to the period that
begins on the first day of a reporting cycle ("the first reporting cycle") and ends on the
last day of the next reporting cycle ("the second reporting cycle").
3. The first reporting cycle in a current.two reporting cycles period commences as an
odd reporting cycle, as in the first reporting cycle, the third reporting cycle and the
fifth reporting cycle, and the second reporting cycle in a current two reporting cycles
period commences as an even reporting cycle.
(5) For purposes of determining contravention history in the current two reporting cycles
period, on the first day of the first reporting cycle the contravention history of the person or
organization is deemed to be zero and on the first day of every odd reporting cycle after that the
contravention history of the person or organization is deemed to be zero.
(6) If a person or organization filed an accessibility report before July 1, 2011, the two
reporting cycles period is calculated from the first day that the person or organization was
required to file an accessibility report.
(7) For persons or organizations that are exempted from the reporting requirements of
subsection 14 (1) of the Act, the two reporting cycles period consists of the 12-month period that
begins at the earliest of the following and ends at the end of each 12-month period:
1. The first day that a director requests reports or information from the person or
organization under section 17 of the Act.
2. The first day that an inspector requires a person or organization to produce a
document, record or thing under subsection 19 (5) of the Act.
3. The first day that the person or organization receives or is deemed to have received a
notice of order under subsection 22 (1) of the Act.
(8) For persons or organizations to which subsection (7) applies, their contravention history
is deemed to be zero at the end of each 12-month period.
Review of order
83. For purposes of the review of an order under section 25 of the Act, the following apply:
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The person or organization seeking the review must provide a written submission
requesting the review, including an explanation as to why the review is sought, within
30 days after theorder was made.
2. The director who reviews the order must be a director other than the director who
made the order.
3. If the director reviewing the order decides to vary it, the director may reduce the
amount of the administrative penalty but shall not increase the amount of the penalty.
Payment of penalty
84: (1) The person or organization that has been ordered to pay an administrative penalty
shall pay the penalty within 30 days after the order was made, unless a longer period is specified
in the order.
(2) Where a person or organization that has been ordered to pay an administrative penalty
seeks a review of the order under section 25 of the Act or appeals the order under section 27 of
the Act, the person or organization shall pay the penalty within 30 days after the order is dealt
with in the review or appeal, unless a different period is specified in the order after the review or
appeal.
(3) For purposes of subsection (2), where a person or organization both seeks a review of
the order and appeals the order, the administrative penalty shall be paid within 30 days after the
order of the Tribunal, unless the order of the Tribunal specifies a different period.
Designation of tribunal
85. The Licence Appeal Tribunal is designated as the tribunal for purposes of section 26 of
the Act.
Commencement
86. This Regulation comes into force on the later of July 1, 2011 and the day it is filed.
SCHBDULEI
BROADER PUBLIC SECTOR
1., Every district school board as defined in section 1 of the Education Act.
2. Every hospital as defined in section 1 of the Public Hospitals Act.
3. Every college of applied arts and technology established under the Ontario Colleges
of Applied Arts and Technology Act, 2002.
4. Every university in Ontario, including its affiliated and federated colleges, that
receives operating grants from the Government of Ontario.
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5. Every public transportation organization in Ontario, including any municipally
operated transportation services for persons with disabilities, that provides services for
which a fare is charged for transporting the public by vehicles that are operated,
i. - by, for or on behalf of the Government of Ontario, a municipality, a local
board of a municipality or a transit or transportation commission or authority,
ii. under an agreement between the Government of Ontario and a person, firm,
corporation, or transit or transportation commission or authority, or
r
iii. under an agreement between a municipality and a person, firm, corporation or
transit or transportation commission or authority.
S CIIEDULE 2
ADMINISTRATIVE PENALTIES FOR INDIVIDUALS OR UNINCORPORATED
ORGANIZATIONS
Impact of Contravention:
Major
Moderate
Minor
Contravention History:
Major
$2,000
$1 000
$500
Moderate
$1,000
$500
$250
Minor
$500
$250
$200
, SCHEDULE 3
ADMINISTRATIVE PENALTIES FOR CORPORATIONS
Impact of Contravention:
I Major
I Moderate
I Minor
Contravention History:
Major
$15,0001
$10,0001
$5 000
Moderate
$10,000
j $5,0001.
$2,500
Minor
$2,000
$1000
$500
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