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Part 5. Compliance and Enforcement

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NARRATOR: Understanding and applying human rights principles may help avoid potential human rights complaints and litigation.

NARRATOR: Ontario has three organizations in the human rights system: The Ontario Human Rights Commission, the Human Rights Tribunal of Ontario, and the Human Rights Legal Support Centre:
- The Human Rights Commission provides policies, guidelines and other information on Code grounds, including disability and the duty to accommodate.
- The Human Rights Tribunal hears discrimination claims (called applications) on any Code ground. This includes claims from individuals who believe an organization or person has failed to accommodate disability-related needs.
- The Human Rights Legal Support Centre helps people through the human rights process, such as completing an application or claim to the Tribunal. NARRATOR: Individuals cannot file accessibility complaints under the AODA. But in cases of non-compliance, the Directorate can enforce standards through mechanisms set under the law. Meanwhile, the Accessibility Directorate works with organizations having trouble meeting the standards in order to bring them into compliance. NARRATOR: Today, you've learned how the Ontario Human Rights Code applies to people with disabilities and about your legal duty to accommodate. Let's recap some key learning points.
- The Code and the AODA are laws that work together.
- The Code protects every person's right to equal opportunities and to be free from discrimination.
- The Code has primacy, which means that Ontario laws (with a few exceptions) have to follow the Code.
- The Code states there is a legal duty to accommodate people with disabilities. If the accommodation was not made, and would not have caused undue hardship, a claim of discrimination can be made to the Human Rights Tribunal of Ontario. NARRATOR: You also learned how the AODA accessibility standards complement the Code to promote equality and accessibility in Ontario. The AODA uses the same definition of disability as the Code. If the two conflict, then the Code prevails. NARRATOR: Applying human rights principles and Code obligations may help in meeting the AODA standards. The AODA standards do not replace or limit the Code or any other law. NARRATOR: Congratulations, you've met the training requirement on the Code as set under section 7 of the IASR.

Compliance and Enforcement

 

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