The Accessibility for Ontarians with Disabilities Act (AODA) allows for severe maximum monetary penalties for any violation to the Act. The maximum penalties under the AODA include:
- 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
- A corporation that is guilty can be fined up to $100,000 per day
- Directors and officers of a corporation with fiduciary responsibility who are guilty are liable to a fine of up to $50,000 a day
This said, to encourage compliance, the government has established an administrative monetary penalties scheme that determines how and why an individual or corporation might face a penalty or fine. The scheme was established under Part V, Compliance, of the Integrated Accessibility Standards Regulation, which came into force July 1, 2011.
The scheme allows a ministry director or a designate to issue an order against a person, organization or corporation to pay a penalty amount as a result
of non-compliance with the AODA or any of the accessibility standards.
These penalties and fines will depend on the severity and history of the contravention. The director will determine the severity of the contravention by ranking the contravention as minor, moderate or major.
- A contravention of an administrative requirement is minor
- A contravention of a requirement for organizational preparedness is moderate
- A contravention is major where it involves a priority requirement that includes, but is not limited to, a contravention that may pose a health or safety
risk to persons with disabilities
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