Every four years, the Lieutenant Governor of Ontario appoints someone to review the AODA. This reviewer spends time meeting with the public, especially people with disabilities, discussing possible improvements the AODA might need. Based on this public feedback, the reviewer writes a report about how effective the AODA and its mandates are. In addition, the reviewer recommends steps the government can take to improve the Act. The reviewer then submits this report to the Minister in charge of the AODA. The fourth review of the AODA was submitted in June 2023, and became public in December 2023.
Recommendations in the Fourth Review of the AODA
Rich Donovan, CEO of The Return on Disability Group, wrote the fourth review of the AODA. Like David Onley, author of the third review of the AODA, Donovan states that Ontarians with disabilities encounter many barriers every day. Moreover, Donovan concurs with Onley’s assessment that the current AODA does not do enough to remove or prevent barriers. In short, Donovan states that the current AODA will not meet its goal of making Ontario fully accessible by 2025.
An Accessibility Crisis
Moreover, this lack of progress on the creation, implementation, and enforcement of AODA standards impacts the well-being and safety of Ontarians with disabilities. Therefore, Donovan recommends that the Ontario government declare this lack of progress on accessibility a crisis. This crisis state should last six (6) months. During this time, the Ontario government should work quickly to implement some of the most important changes needed to improve accessibility in the province. For example, these changes include the development of:
- Emergency response protocol that addresses the needs of people with disabilities
- Accessibility plans for government services and employment
- An agency to oversee AODA enforcement and other accessibility initiatives
- An accessibility action plan
- A process for auditing accessible procurement
Federal Government Responsibility for Accessibility in the Private Sector
In addition, Donovan states that the province lacks the knowledge and resources to implement and enforce needed accessibility regulations for every organization in Ontario. In contrast, the federal government has the resources to create widespread change. Moreover, the federal government has recently made more progress toward accessibility than the provincial government. For example, the Accessible Canada Act requires federally-regulated employers to have accessibility plans, feedback processes, and progress reports. In short, Ontario should coordinate with the federal government to ensure accessibility. As a result, Donovan recommends that the federal government should take responsibility for accessibility in the private sector. Under this new arrangement, the provincial government could focus on public-sector AODA enforcement.
Tactical Recommendations
Furthermore, Donovan outlines tactical recommendations the province should follow to fulfill its remaining responsibilities in the public sector. Some of these responsibilities involve research, including:
- A research team to gather data on disability
- Use of data on disability in public policy decisions
- Gathering data on life expectancy of people with disabilities
- A public dashboard of information about disability
- A panel of consultants with disabilities
- Measurable outcomes for accessibility success
- Accountability for accessibility plans
- Feedback processes for accessibility in the public sector
Other recommendations have the goal of changing behaviours or public perceptions of disability, including:
- Social impact bonds to fund AODA compliance
- Changing discussions about disability in mainstream media
- An interface for crowd-sourcing reviews of accessibility
- Communicating the financial benefits of accessibility
- Publicizing examples of organizations that remove accessibility barriers
- Pay deductions for deputy ministers whose departments do not meet accessibility goals
- Making disability a core platform of Environmental, Social, and Corporate Governance (ESG)
- Digital solutions to physical accessibility barriers
In addition, the review recommends frameworks that the government should create to strengthen the AODA, including:
- Clarifying federal, provincial, and municipal government responsibilities for accessibility
- More measures to enforce the AODA
- Appointing a Commissioner of Accessibility to review the AODA
Finally, the review makes recommendations for constructing and retrofitting buildings:
- Financial support for accessible building construction and retrofits
- Auditing of built environments in the public sector
- Expertise on building accessibility within the Ministry of Infrastructure
- Accessibility in all Ontario public buildings by 2030
Based on the outcomes of previous reviews, it seems unlikely that the government will implement many of these valuable strategies for improving the province. If the government does not begin following the recommendations in these mandated reviews, the province may never become accessible. Instead, “the outright discrimination that people with disabilities face every day” will continue forever.