1.2 Who is responsible for compliance?

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Regulation Reference:
Section 80.2 - Application

The Accessibility Standard for the Design of Public Spaces applies to public, private and not-for-profit organizations in Ontario with one or more employees. Some of the requirements and implementation deadlines vary, depending upon the type of organization that is constructing or redeveloping the public space. Table 1.2 identifies the different types of organizations that are covered by the Regulation.

Certain requirements of the Accessibility Standard for the Design of Public Spaces do not apply to small organizations. They are identified in Section 1.6 of the Guide, as well as within each of the technical design requirements sections.

References to the applicable part of the regulation are provided at the beginning of most sections. Read the full text of the Standard.

The Accessibility Standard for the Design of Public Spaces relates primarily to land development and, as such, it differs in application from the other standards developed under the Accessibility for Ontarians with Disabilities Act. The organization that is responsible for complying with the Accessibility Standard for the Design of Public Spaces is the organization with the authority or permission to construct or redevelop the site.

Organizations that approve construction plans — like municipal site plan review committees — are not responsible for ensuring that other organizations meet accessibility requirements when building new or making major changes to public spaces.

The organization with the authority or permission to construct or redevelop a site is responsible for complying with the Standard. It may not necessarily be the owner of the land.

Examples:

A municipality decides to build a public parking garage on land it already owns and hires a private construction company to carry out the work. The municipality — not the construction company — is responsible for compliance with the Standard’s requirements for accessible parking.

A restaurant operator leases an unused parcel of land from a resort. The restaurant operator decides to build and maintain a snack bar which includes an outdoor public eating area. The restaurant operator, who is the lease holder, is responsible for compliance with the Standard’s requirements for outdoor public use eating areas because he has the authority to construct or redevelop this land.

Table 1.2 Obligated Organizations within the Accessibility Standard for the Design of Public Spaces.
Obligated Organization Includes
Government of Ontario
  • Executive of the government and operational branches
  • Every ministry of the Government of Ontario
  • Office of the Premier
  • Office of the Assembly
  • Offices of members of the Assembly including their constituency offices
  • Offices of people appointed on the address of the Assembly
Definition:Designated Public Sector Organizations Every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies - Definitions)

Note: for on-street parking facilities only (Refer to Section 2.6.6): Every municipality and every person or organization described in Schedule 1 of the Integrated Accessibility Standards Regulation. DOES NOT include people or organizations listed in Column 1 of Table 1 of Ontario Regulation 146/10.
Large Organizations Private sector and non-profit organizations with 50 or more employees

Not-for-profit sector organizations with 50 or more employees
Small Organizations Private sector and non-profit organizations with 1-49 employees

Not-for-profit sector organizations with 1-49 employees

 

Illustrated Technical Guide to the Design of Public Spaces