Background

In 2005, the Accessibility for Ontarians with Disabilities Act (AODA), was passed. Under this legislation, mandatory accessibility standards that apply to the public, private and non-profit sectors to identify, prevent and remove barriers for people with disabilities were developed.

Accessibility standards have been developed in five key areas of daily living:

  • customer service
  • information and communications
  • employment
  • transportation
  • design of public spaces

In early 2022, three Standards Development Committees submitted final recommendations to the government proposing new standards in the following areas:

Standards development process

Standards development committees are responsible for developing and/or reviewing accessibility standards in Ontario. These accessibility standards help achieve the purpose of the Accessibility for Ontarians with Disabilities Act.

Each accessibility standard is required to be reviewed five years after it becomes law to determine whether it works as intended and to adjust, if required.

A standards development committee determines the long-term accessibility objectives by identifying the measures, policies, practices and requirements that it believes should be implemented.

Committees

Terms of reference

Updated: August 2019

Purpose

The purpose of this terms of reference is to outline the responsibilities, expectations, and requirements of Standards Development Committees (the “committee”).

Each committee will receive a letter from the Minister Responsible for Accessibility (the “minister”) which will define the scope, focus and timelines for their standards development or review, including the deadlines that the committee must meet throughout various stages of the standards development process. The minister’s letter is to be used in conjunction with these terms of reference.

Preface

Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of the Accessibility for Ontarians with Disabilities Act, 2005 (the “Act”) is to benefit all Ontarians by:

  1. developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025
  2. providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards (as set out in section 1 of the Act)

Per section 6(6) of the Act, an accessibility standard shall:

  1. set out measures, policies, practices or other requirements for the identification and removal of barriers with respect to goods, services, facilities, accommodation, employment, buildings, structures, premises or such other things as may be prescribed, and for the prevention of the erection of barriers
  2. require the persons or organizations named or described in the standard to implement those measures, policies, practices or other requirements within the time periods specified in the standard

Legislative requirements

Committees are responsible for developing proposed accessibility standards to be submitted to the minister to be considered for adoption by regulation.

Per sections 8 and 9 of the Act, a Committee shall:

  1. develop proposed accessibility standards for such industries, sectors of the economy or classes of persons or organizations as the minister may specify
  2. further define the persons or organizations that are part of the industry, sector of the economy or class specified by the minister
  3. determine the long-term accessibility objectives for the industry, sector of the economy or class of persons or organizations in relation to which the Committee has responsibilities in respect of identifying the measures, policies, practices and requirements that it believes should be implemented by the members of the industry, sector or class on or before January 1, 2025
  4. determine an appropriate time-frame for the implementation of measures, policies, practices and requirements taking into account:
    1. the range of disabilities that the measures, policies, practices and requirements are intended to address
    2. the nature of the barriers that the measures, policies, practices and requirements are intended to identify, remove and prevent
    3. any technical and economic considerations that may be associated with their implementation
    4. meet any other considerations required under the Act

Minister’s direction

Within the time period specified by the minister’s letter, each committee shall prepare a proposed accessibility standard and submit it to the Minister Responsible for Accessibility, for the purpose of posting the standard for public review (sections 9(5) and 10 of the Act).

As well, per section 9(6) of the Act, after considering the comments received from the public, a committee may make any changes it considers advisable to the proposed standard and provide the Minister Responsible for accessibility with the proposed accessibility standard within the time period specified by the minister’s letter.

Within five years after an accessibility standard is adopted by regulation or at such earlier time as the Minister Responsible for accessibility may specify, a committee will review and, if required, revise the measures, policies, practices and requirements to be implemented on or before January 1, 2025, and the time-frame for their implementation (section 9(9) of the Act).

Membership

Composition

Per section 8(4) of the Act, the minister shall invite the following persons or entities to participate as members of a committee:

  1. persons with disabilities or their representatives
  2. representatives of the industries, sectors of the economy or classes of persons or organizations to which the accessibility standard is intended to apply
  3. representatives of ministries that have responsibilities relating to the industries, sectors of the economy or classes of persons or organizations to which the accessibility standard is intended to apply
  4. such other persons or organizations as the minister may consider advisable

50 percent of the members of the committee shall be persons with disabilities, or their representatives.

Minister’s invitation

The minister may invite Accessibility Standards Advisory Council members to sit on committees (section 8(5) of the Act).

The minister may also retain, appoint or request experts to provide advice to a committee (section 12 of the Act).

Chair

The minister shall assign a chair to a committee to be responsible for ensuring the committee meets its deadlines and for the effective, balanced, fair and equal participation of all members on the committee during deliberations and discussions.

The minister may, at their discretion, invite a committee member to act as vice-chair or as the chair’s alternate where the chair is unavailable. The chair’s alternate will be responsible for performing the role of the chair should the chair be absent.

Committee chair and membership, including requested experts or technical sub-committee membership, does not constitute employment with the Ontario Public Service.

Meetings

Unless otherwise stated, the committees will meet in Toronto. However, members are encouraged to participate via networking technology, where appropriate, to ensure meetings are conducted in a fiscally responsible way.

The frequency of meetings may vary as required, according to the work volume of the committee and the time within which such work is to be completed.

As far as is possible, appropriate time will be provided between committee meetings in order to allow members the time carry out required tasks associated with each committee.

Quorum

In order to hold a vote, 75% of committee members must be present at the meeting to constitute a quorum.

Voting

Voting members

  1. Accessibility Standards Advisory Council members invited to sit on a committee
  2. Committee members invited by the minister, including the chair, vice-chair or their alternate as applicable

Non-voting members

  1. Ontario ministry representatives
  2. Technical sub-committee members that are not committee members (if applicable)

For initial proposals being posted for public comment, and final proposals to the minister, committee members are only permitted to indicate two voting options: an affirmative (yes vote), when the content of the recommendation is acceptable as presented and a negative (no vote), when the content of the recommendation is deemed unacceptable, in error, or incomplete.

Voting is to take place on a provision-by-provision basis.

All voting on initial proposals being posted for public comment and final proposals for the minister must be recorded, with the results noted in the minutes.

Votes will only be recorded numerically (for example, yes=10, no=5), and will not identify how individual committee members voted.

Before each vote, committee members will be asked two questions:

  1. For each of the individual proposals, committee members will be asked: “Do you agree that this proposal should be included in the final recommendations submitted to the minister?”
  2. After the committee has voted on all of the individual proposals, committee members will be asked: “Do you support submitting the final recommendations for the standard to the minister for government’s consideration?”

In order to pass formal resolutions on proposed standards and recommendations for the minister, agreement by 75% of the voting members present at the meeting will constitute approval.

Of the 75% who vote to pass a formal resolution, proposed standard or recommendation, 50% must be comprised of representatives from the disability community or persons with disabilities.

One or more members who vote ‘no’ may submit a separate recommendation during the meeting that will be recorded in the committee minutes and submitted to the minister with the committee’s initial and final recommendations.

With the exception of the chair’s alternate, no alternates or proxies are permitted to participate in the duties of the voting members of the committee unless otherwise directed by the minister. However, alternatives or proxies are permitted to participate on technical sub-committees, if applicable.

Expenses and Allowance

Allowance

Note that committee members may be provided an allowance for carrying out committee work (per section 8(7(a)) of the Act). This allowance is based on the precedent established for remuneration of the Accessibility Standards Advisory Council members, as noted in the minister’s letter, and is provided at the discretion of the minister.

Travel-related

Committee members will be reimbursed for travel-related expenses to attend meetings, in accordance with the government’s Travel, Meal and Hospitality Expenses Directive. Committee members must apply in writing to the Ministry Responsible for accessibility and receive Ministry approval prior to incurring any expenses.

Committee members must submit expense forms with original receipts, where required, to the Ministry for reimbursement of these expenses. Travel-related expenses are provided at the discretion of the minister.

Accessibility-related support

All committee meetings will be accessible to members with disabilities. Members will be asked to identify accessibility supports required, without disclosure of disability or nature of disability to the Ministry to support participation in meetings.

Committee members who require additional assistance to allow for their participation at meetings, which may include expenses incurred because of a disability, may be reimbursed.

This additional assistance may be provided, as appropriate, at the discretion of the minister.

Committee members must receive Ministry approval prior to scheduling accessibility supports, incurring expenses, or providing direct invoices to the Ministry. Committee members must submit expense forms with original receipts, where required, to the Ministry for reimbursement of these expenses.

Term

These terms of reference are effective from June 2019 until terminated or modified by the minister.

Sensitivity of information

The committee is required to conduct itself in accordance with the Freedom of Information and Protection of Privacy Act (Ontario) principles and requirements regarding the collection, use and disclosure of information.

Conflict of interest

Committee members are required to fulfill the duties of their invitation in a professional, ethical and competent manner and avoid any real or perceived conflict of interest.

In particular, and without limiting the generality of the foregoing obligations, a committee member shall:

  1. not use or attempt to use his or her membership to benefit himself or herself or any person or entity
  2. not participate in or attempt to influence decision making as a member if he or she could benefit from the decision
  3. not accept a gift that could influence, or that could be seen to influence, the member in carrying out their duties in respect of the committee

Roles and responsibilities

The chair shall be responsible for:

  1. ensuring the committee meets all the requirements in these terms of reference and the minister’s letter
  2. acting as an impartial facilitator and mediator in discussions, where necessary
  3. providing leadership in seeking consensus
  4. collaborating and encouraging a balanced and strategic analysis of relevant issues
  5. preparing meeting agendas and materials, with Ministry support as required
  6. verifying that minutes of the meetings are accurately recorded
  7. monitoring the work of the committee having regard to the requirements of the Act, these terms of reference and the minister’s letter to meet timelines and deliverables
  8. providing updates to the minister as requested
  9. referring committee members to the ministry for requests related to accessibility supports, allowance, and travel and meeting-related expenses
  10. submitting allowance and travel and meeting-related expense claims to the Ministry with required receipts and an explanation for the allowance claimed

All committee members shall be responsible for:

  1. completing mandatory training and orientation
  2. actively participating in all meetings
  3. presenting their respective views and interests, as well as the views and interests of the sector or organization which they represent, if applicable
  4. participating in the preparation of materials, with Ministry support as required
  5. reviewing all material and background information
  6. reviewing committee minutes for accuracy and confirming that interests are properly documented
  7. carrying out individual assignments within set timelines
  8. working collaboratively with other committee members to achieve consensus on decisions
  9. working with individuals and organizations outside the committee if required to support the work of the committee
  10. considering the advice and input of other parties including members of the public who are called on to present to the committee or who otherwise assist the committee in its work
  11. contacting the Ministry with requests related to accessibility supports, allowance, and travel and meeting-related expenses
  12. submitting allowance and travel and meeting-related expense claims to the Ministry with required receipts and an explanation for the allowance claimed

Functions of the Ministry

The Ministry shall:

  1. support all committee meetings
  2. assist the chair in their responsibilities
  3. prepare orientation materials for committee members
  4. ensure the deliberations of the committee are consistent with the intent, spirit, and the letter of the Act
  5. assist the chair with preparing and distributing materials, as required and on a timely basis
  6. act as the repository and manager of all committee records and documentation
  7. provide appropriate and timely accessibility supports for members with disabilities with respect to all aspects of committee work, proceedings and activities
  8. reviewing all documentation related to allowance claims, travel and meeting-related expenses, and accessibility-related supports submitted for Ministry approval

The Ministry is also responsible for providing the above support to the work and meetings of technical sub-committees, if applicable and approved by the minister.

Technical sub-committees

Should technical expertise be required to support the committee’s work, the chair will seek the minister’s approval to organize a technical sub-committee.

Technical sub-committees will only be tasked with technical standards review and development activities and will provide this information to the committee. Technical sub-committees will not advise the minister on any matters relating to the Act.

The chair of the committee, in accordance with the terms approved by the minister, shall provide instructions to the technical sub-committee which will define the deliverables and timelines, including the number of meetings required.

The chair of the Committee shall assign a lead of the technical sub-committee who is responsible for ensuring the technical sub-committee meets its duties as outlined in the minister’s letter and these terms of reference. The lead will be responsible for reporting back to the chair and committee on the progress of the technical sub-committee.

Technical sub-committee members may be provided an allowance for carrying out technical sub-committee work at the discretion of the minister. This allowance is based on the precedent established for remuneration of the committee members, as outlined in their letter and is provided at the discretion of the minister.

Technical sub-committee members are required to act in accordance with the expenses and allowance, sensitivity of information and conflict of interest provisions above.

Meeting Minutes

General Orientation for the Employment, the Information and Communications, and the Health Care Standards Development Committees

Meeting information

March 29 and 30, 2017

123 Queen Street West, 2nd Floor, Sheraton Hotel (Birchwood Ballroom)

Format of Committee Minutes and References: For the purposes of referencing committee documents and items in the minutes: ‘O’ (Orientation Meeting) represents the meeting number/minute items/sections/action items.

Day 1 present

Healthcare Standards Development Committee

Committee members: Sandi Bell (Chair), Carol Anderson, Crystal Chin, Diane Quintas, Gord Kyle, Jacqueline Silvera, Jennifer Schipper, Lorin MacDonald, Marianne Park, Melanie Marsden, Natalie Spagnuolo, Peter Athanasopoulos, Raj Chopra, Richard Welland, Sam Savona, Serge Falardeau

Non-voting members: Dr. Melanie Kohn, Mary Bartolomucci

Regrets: Yona Lunsky, Gurwinder Gill, Sue Anderson, Uppala Chandrasekera

Employment Standards Development Committee Members

Committee members: Laura McKeen (Chair), Ayesha Zubair, Christopher Lytle, Diana McCauley, Gary Rygus, Jamie Burton, Karen Kuzmowich, Pina D'Intino, Scott Allinson, Stephen Murphy, Tricia Pokorny, Wendy Lau

Non-voting members: Mary Grace Borges

Regrets: Brian McKenzie, Josephine Ho, Phillip Turcotte, Ruth Wright

Information and Communications Standards Development Committee

Committee members: Rich Donovan (Chair), Ben Williamson, Chantal Perreault, David Berman, David Best, Diane Wagner, James Roots, Jennifer Cowan, Jutta Treviranus, Kim Adeney, Mattieu Vachon, Pina D'Intino, Richard Watters, Robert Gaunt, Louise Bray

Non-voting committee members: Kate Acs, Michele Babin, Kathy MacLachlan

Regrets: Jessica Gabriel, Gary Malkowski, Chris Schiller (non-voting)

Facilitator: Tracy Orr

Supporting staff: Ann Hoy, Phil Simeon, Jennifer Brown, Alex Ibrahim, Asim Zaidi, Casey Teixeira, Margaret Hageman, Hayden Porch, Christopher Sutton, Meridith St. Pierre, Ryan Nichols, Teena Derderian, Suzan Osman, Joanne Plaxton, Elisheva Bouskilla-Fox, Stoni Astley, Mary Marafioti

Guests: The Honourable David Onley, Ken Fasciano

Interpreters: Jerry Markin, Jennifer Hawkings, Carolyn Lesonsky

Captionist: Deana Santedicola

Day 1 meeting minutes

O 1.1 Welcome, Introductions and Icebreaker

  • Tracy Orr welcomed attendees and gave an overview of logistics for the day and expectations for the orientation meeting. Tracy Orr guided the attendees through an icebreaker activity.

Tracy Orr introduced the Chairs of the Committees, who each provided a brief welcome:

  • Sandi Bell, Health Standards Development Committee
  • Laura McKeen, Employment Standards Development Committee
  • Rich Donovan, Information and Communications Standards Development Committee

O 1.2 Support Staff Introductions

  • Ann Hoy, Assistant Deputy Minister, Accessibility Directorate of Ontario, provided a welcome and introduced the Accessibility Directorate of Ontario staff.

O 1.3 Module 1: Setting the Context

  • Phil Simeon, Manager Standards Development Unit, Accessibility Directorate of Ontario, gave a presentation providing an overview of the Accessibility for Ontarians with Disabilities Act and the Standards Development Committee process.

O 1.4 Module 2: Standards Development Committee Framework

  • Jennifer Brown, Manager Accessibility Policy Unit, Accessibility Directorate of Ontario, gave a presentation providing a summary of Standards Development Committee requirements.

O 1.5 Remarks from the Honourable David Onley

  • Honourable David Onley provided remarks and took questions.

O 1.6 Module 3: Standards Development Committee Experience

  • Tracy Orr facilitated a panel discussion, featuring Steve Murphy and Sam Savona discussing their experiences thus far on the Transportation Standards Development Committee.

O 1.7 Module 4: Follow up Discussion from Module 3

  • The attendees had an open question and answer session with Steve Murphy and Sam Savona.

Day 2 present

Healthcare Standards Development Committee

Committee members: Sandi Bell (Chair), Carol Anderson, Crystal Chin, Diane Quintas, Gord Kyle, Jacqueline Silvera, Jennifer Schipper, Yona Lunsky, Lorin MacDonald, Marianne Park, Melanie Marsden, Natalie Spagnuolo, Peter Athanasopoulos, Raj Chopra, Richard Welland, Sam Savona, Serge Falardeau

Non-voting members: Dr. Melanie Kohn, Mary Bartolomucci

Regrets: Gurwinder Gill, Sue Anderson, Uppala Chandrasekera

Employment Standards Development Committee

Committee members: Ayesha Zubair, Christopher Lytle, Diana McCauley, Gary Rygus, Jamie Burton, Josephine Ho, Karen Kuzmowich, Pina D'Intino, Stephen Murphy, Tricia Pokorny, Wendy Lau

Non-voting members: Mary Grace Borges

Regrets: Laura McKeen (Chair), Brian McKenzie, Phillip Turcotte, Ruth Wright, Scott Allinson

Information and Communications Standards Development Committee

Committee members: Rich Donovan (Chair), Ben Williamson, Chantal Perreault, David Berman, David Best, James Roots, Jennifer Cowan, Jutta Treviranus, Kim Adeney, Mattieu Vachon, Pina D'Intino, Richard Watters, Robert Gaunt, Louise Bray

Non-voting members: Kathy MacLachlan

Regrets: Gary Malkowski, Jessica Gabriel, Diane Wagner, Chris Schiller (Non-voting), Kate Acs (non-voting), Michele Babin (non-voting)

Facilitator: Tracy Orr

Supporting staff: Ann Hoy, Phil Simeon, Jennifer Brown, Alex Ibrahim, Asim Zaidi, Casey Teixeira, Margaret Hageman, Hayden Porch, Christopher Sutton, Meridith St. Pierre, Ryan Nichols, Teena Derderian, Suzan Osman, Joanne Plaxton, Elisheva Bouskilla-Fox, Stoni Astley, Mary Marafioti

Guests: Hon. Tracy MacCharles, Ed Steel, Susan Picarello, Jeff Poirier, Alfred Spencer, Geordie Gibbon, Benjamin St. Louis, Karin Rasmussen, Andrea Bruce, Maria Knyazeva, Julielynn Wong

Interpreters: Jerry Markin, Jennifer Hawkings, Carolyn Lesonsky, Jeanette Nicholson

Captionist: Gemme Humenny

Day 2 meeting minutes

O 1.10 Remarks from Minister MacCharles

Tracy MacCharles, Minister Responsible for Accessibility, provided remarks to the attendees and took questions.

O 1.11 Module 6: Accessibility for Ontarians with Disabilities Act and the Human Rights Code

  • Jeff Poirier, Senior Policy Advisor, Ontario Human Rights Commission, gave a presentation on the Accessibility for Ontarians with Disabilities Act and the Human Rights Code and took questions from the attendees.

O 1.12 Module 7: Compliance Overview

  • Benjamin St. Louis, Manager, Compliance Enforcement Unit, Accessibility Directorate of Ontario, gave a presentation on Compliance and Enforcement of the Accessibility for Ontarians with Disabilities Act.

O 1.13 Module 8: Regulatory Modernization Approaches under the Business Growth Initiative

  • Andrea Bruce, Manager, Regulatory Centre of Excellence, gave a presentation on Regulatory Modernization and the Business Growth Initiative.

O 1.14 Module 9: 3D4MD

  • Dr. Julielynn Wong gave a presentation on 3D-printed medical devices and took questions form the attendees.

O 1.15 Module 10: Standards Development Committee Administration

  • Karin Rasmussen, Counsel, Ministry of the Attorney General, gave a presentation on confidentiality and conflict of interest, and Ryan Nichols gave a presentation on the Freedom of Information and Protection of Privacy Act (FIPPA) and on general administration for the Committees.

O 1.16 Module 11: Public Outreach and Education

  • Alf Spencer, Director Outreach and Strategic Initiatives, Accessibility Directorate of Ontario, gave a presentation on Public Outreach and Education, and Susan Picarello gave a presentation on the Provincial Employment Strategy.

O 1.17 Closing Remarks

  • Ann Hoy, Assistant Deputy Minister, Accessibility Directorate of Ontario, thanked the Committee members and Tracy Orr concluded the Orientation Meeting with closing remarks.

Appendix A – Action Items

No action items were recorded for the SDC minutes.

More meeting minutes