How does Ontario enforce its accessibility legislation? It doesn't, advocates say

CBC Toronto is breaking down accessibility in Ontario in four stories: the progress made so far, how legislation is enforced, what accessibility looks like in cities, zooming in on Toronto, and if the province can reach its 2025 goal.

In her years of advocating for people with disabilities, Alex Wilding says complaints to the province about organizations failing to comply with its accessibility law have gone nowhere. 

The Accessibility for Ontarians with Disabilities Act (AODA) was meant to remove barriers for those with disabilities to ensure their full participation in society. But the Peterborough community advocate says there's no clear guidance on what recourse citizens have when organizations don't comply.

"It looks nice on paper. It looks impressive ... They can fine an individual $50,000 a day, and if they're a corporation, $100,000 a day for violation of the act... And then you think, OK, how do I start this mechanism?" she said.

"There isn't one," said Wilding, adding phone calls and emails have only led to employees reciting building codes and laws.

Wilding, who has disabilities including depression and obsessive compulsive disorder, is one of many advocates who say a lack of action from the province — from the absence of a complaint system to meaningful enforcement — underpins the AODA's failure. Reviewers appointed by the province have repeatedly pointed to such problems, saying they jeopardize the goal of an accessible Ontario by 2025. 

The Ministry of Seniors and Accessibility told CBC Toronto Minister Raymond Cho was unavailable for the interview on this series. In a statement, the ministry said it uses a "modern regulator approach" that ensures organizations understand how to meet their legal obligations under the AODA, which has led to a number of audits and enforcement actions against non-compliant businesses. 

Advocates say those numbers are too low and are evidence of the legislation's failure. And while there's a difference of opinion on exactly how to boost enforcement, critics say the status quo isn't tenable.

"The thing to celebrate is that there is the Human Rights Code, there is the Charter, there are some generous people who are willing to help people make use of it," said Wilding.

The AODA mandates standards and instructs all organizations with at least one employee in the province to remove barriers in five main sectors: public transportation, information and communication, the design of public spaces, employment and customer service. 

According to Rich Donovan, the fourth province-appointed reviewer of the legislation's implementation, Ontario is required to monitor the compliance of over 400,000 organizations.

Donovan's interim report found the ministry has only 20 to 25 staff hired for that task, leading to "minimal, if any" onsite audits. His full review, released in December, found that one of the strictest penalties in the act — a $100,000 fine per day of non-compliance by a large organization — has never been used before.

Instead, the ministry relies largely on self-certification and the honour system, particularly for small businesses, which comprise the majority of organizations the act applies to.

"This is not a strong impetus for change," Donovan wrote.