What is the AODA?

The Accessibility for Ontarians with Disabilities Act (AODA) is a law passed in 2005 that sets out a process for developing and enforcing accessibility standards. Under the AODA, the government must create accessibility standards that businesses, non-profit, and public sector organizations must follow. Implementing and enforcing these standards will help us work together to make Ontario more accessible and inclusive by 2025.

The Goal of AODA

Under the new AODA rules, there are four principles one must consider when providing services: independence, dignity, integration, and quality of opportunity. Our software ensures these core principles are achieved.

AODA Covers Websites

The law includes standards for Information and Communication so that organizations make their information accessible. The law states that all websites conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG). The current minimum standard is WCAG 2.0 Level AA. The section of the law that applies to websites is the Information and Communication Standard. By law, you must make all public websites accessible. The organization that controls the website must meet the accessibility requirements.

Lookit Design’s Solution for AODA Compliance

Lookit Design uses a web-based solution on any website platform and content management system. The accessibility solution connects with a fully managed SaaS (software as a service) platform on Amazon Web Services (AWS), the largest global cloud computing platform. The service is provided through a subscription. 

Using Lookit Design’s solution, you can be sure that your website complies with the latest AODA standards. The solution uses AI-assisted technology (Artificial Intelligence) to automatically scans your website and continuously make changes and adjustments to ensure compliance. This includes adding alt text to images, improving navigability, and more accessibility features. AccessiBe’s solution is always up-to-date with the latest AODA standards, so you can be confident that your website will always be compliant. Lookit Design can transform any website into an AODA-Compliant site, giving special tools for visually-impaired visitors and those with other disabilities, including motor skills impairment, ADHD, and Epilepsy. All site visitors can see your Accessibility Statement, which is updated daily.

Ready to Start? 

If you’re ready to make your website AODA-compliant, Lookit Design can help. Schedule a free 30-minute virtual consultation. The consultation includes a scan of your website and a complimentary report with an accessibility score and a list of areas for improvement, which can be helpful when completing the AODA accessibility reports required by the Province of Ontario.

Who Must Meet This Standard?

All registered businesses are required to follow and comply with the law. Ontario determines the requirements based on the size of your company based on the number of employees. In addition, the classification of your organization matters. 

Businesses with 20 or more employees

Businesses and non-profits with 20 or more employees must file an accessibility compliance report. Filing your report is a legal obligation under the AODA. 

Companies with more than 49 employees

These organizations have additional responsibilities and must file compliance reports more frequently.

If you have fewer than 20 employees

You are still required to create policies to achieve accessibility goals, but you are not required to document these policies.

How to Count Your Employees?

Included:
  • full-time employees
  • part-time employees
  • seasonal employees
  • contract workers

 
Excluded:
  • employees outside Ontario
  • volunteers
  • independent contractors

Public and Private Sector Organizations:

  • The Government of Ontario and the Legislative Assembly
  • Public Sector Organizations
  • Non-Profit Organizations
  • Commercial Businesses

Public Sector Organizations include: 

  • school boards
  • hospitals
  • colleges and universities
  • public transportation

Penalties for non-compliance

The AODA allows the government to set monetary penalties to enforce compliance with accessibility standards. The maximum penalties under the AODA include the following:

  • A corporation or organization can be fined up to $100,000 daily.
  • Directors and officers of a corporation or a guilty organization can be fined up to $50,000 daily.
  • A person and unincorporated organizations that are guilty of a major offence under this Act can be fined up to $50,000 dollars for each day the violation continues

According to current enforcement guidelines, businesses face more significant fines for their first violations, and these penalties can apply every day that the violation continues.

Random Audits

Enforcement isn’t based on complaints. The government wants to encourage education and outreach of issues surrounding digital accessibility. However, the government will audit select companies based on risks and the submitted accessibility report. Companies that fail to submit a report are much more likely to be audited. The government will also perform random audits on fully compliant companies.

To mitigate both risk and financial penalty exposure, organizations should proactively comply with the AODA.

Sources

  1. Government of Ontario | Accessibility AODA Website

Ontario's Report Filing Deadlines

The law establishes a reporting requirement and a specific timetable for businesses and organizations to inform the government.

January 1, 2021
Initial Report Deadline
Organizations with 50 or more employees residing in Ontario must submit their initial accessibility compliance report.
January 1, 2021
June 30, 2021
First Report Deadline
Organizations with 20 - 49 employees residing in Ontario must file their initial accessibility compliance report.
June 30, 2021
December 31, 2023
Business 2nd Report
All business or non-profit organizations with 20+ employees must file a complete accessibility compliance report.

Organizations include:
  • private businesses and partnerships
  • employment agencies
  • retail organizations
  • restaurants
  • wholesale manufacturing
  • construction companies
  • charity foundations
  • all other organizations that are not ‘designated’ public sector organizations
December 31, 2023
December 31, 2023
Public Sector 2nd Report
Designated Public Sector Organizations, municipalities and other organizations must file a complete accessibility report.

Public Sector includes: 
  • school boards
  • hospitals
  • colleges and universities
  • public transportation
December 31, 2023
December 31, 2025
Public Sector Supplemental
Designated Public Sector Organizations, municipalities and other organizations must file an updated accessibility report. and every 2 years thereafter.
December 31, 2025
December 31, 2026
Business Supplemental
All business or non-profit organizations with 20+ employees must file an updated accessibility report by this date, and every 3 years thereafter.
December 31, 2026

How to Submit a Compliance Report

How To File Your Compliance Reports

Additional Resources

Disclaimer

This webpage aims to help individuals and businesses with information about the Accessibility for Ontarians with Disabilities Act, 2005, and its associated regulation OReg 191/11. While we aim to provide relevant and timely information, no guarantee can be given to the accuracy or completeness of any information provided. This guidance is not intended to nor does it provide legal advice and should not be relied upon or treated as legal advice. Those seeking legal advice should consult with a qualified legal professional.

In case of discrepancy between website content and relevant Ontario legislation and regulations, the official version of Ontario Acts and Regulations published by the King’s Printer for Ontario will prevail.

The Ministry for Seniors and Accessibility and the Government of Ontario do not endorse or recommend any accessibility consultant(s), their advice, opinions, or recommendations.