Hospitals are subject to legislation focused on accessibility generally, which refers to the ability to access a product or service regardless of ability, as well as ensuring services in certain locations are accessible to French-speaking Ontarians. The following Acts are covered in this section:
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
French Language Services Act (FLSA)
Overview
The AODA establishes accessibility standards to identify, remove and prevent barriers, for people with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises.
Who does the AODA apply to?
The AODA considers all hospitals to be “designated public sector organizations" and distinguishes between “small" and “large" organizations. “Small designated public sector organizations" include hospitals with fewer than 50 employees and “large designated public sector organizations" include hospitals with 50 or more employees.
What are the key requirements for hospitals under the AODA?
- Hospitals must create a statement of commitment to accessibility, develop and maintain accessibility policies, create, implement, and maintain multi-year accessibility plans, prepare an annual status report and post it on the website, provide training to employees and volunteers on accessibility issues, and incorporate accessibility criteria into procurement processes and when acquiring goods, services, and facilities. (O Reg 191/11, ss 1-7)
- Hospitals must train all staff and volunteers on accessible customer service and service standards for people of all abilities while maintaining written records of the training provided. They are required to welcome service animals and support persons, notify the public of any temporary unavailability of accessible services or facilities, and develop, implement, and maintain policies for providing goods, services, and facilities to individuals with disabilities. Additionally, hospitals must notify the public that documents required by regulation are available upon request and ensure that such documents or information are provided in a format that considers the person's disability when required. (O Reg 191/11, ss 80.45-80.51)
- Hospitals must provide accessible formats and communication supports upon request, ensuring they are delivered in a timely manner and at no extra cost. They must make their websites and web content compliant with WCAG 2.0 Level AA standards; provide emergency procedures, plans, and public safety information in accessible formats upon request; and ensure that processes for receiving and responding to feedback are accessible to persons with disabilities. (O Reg 191/11, ss 9-19)
- Hospitals must notify the public and employees about the availability of accommodations during recruitment processes, inform applicants that accommodations are available upon request throughout the interview and selection process, and provide accessible workplace information to employees about the policies used to support employees with disabilities. They must also develop individual accommodation plans, establish return-to-work processes for employees returning from disability-related leave, provide individualized workplace emergency response information to employees who have a disability, if necessary, and consider accessibility needs in performance management, career development, and redeployment processes. (O Reg 191/11, ss 20-32)
- If transportation services are provided, hospitals must provide accessible vehicles on main route transit routes or equivalent service on request. (O Reg 191/11, s 76)
- Hospitals must ensure that technical requirements are applied to new or redeveloped outdoor spaces, including exterior paths of travel, outdoor eating areas, play spaces, accessible parking, service counters, and waiting areas. They must also include procedures in their accessibility plans for the preventative and emergency maintenance of accessible elements and establish processes for managing temporary disruptions of accessible spaces. (O Reg 191/11, ss 80.01-80.40)
Compliance Deadlines
- Hospitals must file biennial Accessibility Compliance Reports with the Government of Ontario. The last report was due December 31, 2023, and the next report will be due December 31, 2025. (s 14(1); O Reg 191/11, s 86.1(3))
- Hospitals must review and update the multi-year accessibility plan at least once every five years. (O Reg 191/11, s 4)
Director Liability
The AODA sets out a number of offences, including furnishing false or misleading information in an accessibility report or failing to comply with an order under the Act. The Act provides that every director or officer of a corporation has a duty to take all reasonable care to prevent the corporation from committing an offence and the penalty for failing to do so is a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues to occur. (ss 37(4)-(5))
Additional Resources
For more information about the AODA, please refer to the following resources:
Overview
The FLSA provides individuals with certain rights to receive services in French from the Government of Ontario and designated public service entities and sets out rules for the provision of French services. The Act additionally establishes and sets out the functions and powers of the Ministry of Francophone Affairs and the French Language Services Commissioner.
Who does the FLSA apply to?
The FLSA applies to the Government of Ontario as well as “government agencies," as defined in the Act, which includes the prescribed hospitals and long-term care homes listed in O Reg 398/93 (Designation of Public Service Agencies).
What are the key requirements for hospitals under the FLSA?
- Hospitals subject to the FLSA must make services in French available and must bring the availability of those services in French to the attention of people from the first time contact between the hospital and a person occurs. (s 5; O Reg 544/22)
- Hospitals subject to the FLSA must comply with any directives issued by the Treasury Board or Management Board of Cabinet with respect to the provision of services in French. (s 2.1)
- If a hospital retains a third party to provide French services to the public on the hospital's behalf, the hospital must file a report with the Minister of Health (Minister). (O Reg 284/11, s 3)
Compliance Deadlines
A report with respect to retaining a third party must be filed with the Minister within 30 days of the agreement with the third party coming into force. (O Reg 284/11, s 3)
Director Liability
The Act does not contain any director specific offence provisions.
Additional Resources
For more information about the FLSA, please refer to the following resource:
