Accessibility for Ontarians with Disabilities Act Alliance Update
United for a Barrier-Free Ontario for All People with Disabilities
New 2-Minute Teaser/Promo Video Available for the Longer AODA Alliance Video on Accessibility Problems at New and Recently Renovated Toronto Public Transit Stations – and – Let Us Know If You Face Disability Barriers When Voting – and – Progress on AODA Alliance Chair David Lepofsky’s Latest Freedom of Information Application
June 5, 2018
SUMMARY
We know that we are sending out more frequent AODA Alliance Updates than usual. This is due to the current election. We expect this to slow down after this week.
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1. New 2-Minute Teaser/Promo for the AODA Alliance’s Online Video About Accessibility Problems at New and Recently Renovated Public Transit Stations in Ontario
If you are not one of the 2,300 people who have seen our widely-watched new captioned video on accessibility problems at new and recently renovated Toronto area public transit stations, check out the new 2-minute teaser/promo for this video that we just posted online. Encourage others to watch it. Even if you don’t have time to watch the 16 minute version or 30 minute version, this 2-minute video is worth a look. Encourage others to watch it.
Our new 2-minute teaser/promo is available at:
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2. Let Us Know of Any Disability Voting Barriers You Face
Last Friday, June 4, 2018, the AODA Alliance issued a news release. It documented serious disability barriers that AODA Alliance Chair David Lepofsky experienced when he went to vote at his riding’s Returning Office. Since then, several AODA Alliance supporters have contacted us to report barriers they have experienced in this election, when trying to vote. With their permission, we have shared these complaints with Elections Ontario, the public organization which runs the election process.
If you encounter any disability-related difficulties when you go to vote, whether at a Returning Office on June 6, or at your local polling station on Election Day June 7, 2018, please notify us with as many details as possible. Email us at aodafeedback@gmail.com
It is also very important for you to immediately notify Elections Ontario if you face any such difficulties.
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3. Progress on AODA Alliance Chair David Lepofsky’s Freedom of Information Application Seeking Information Regarding AODA Implementation and Enforcement
On April 2, 2018, AODA Alliance Chair David Lepofsky had to file a new Freedom of Information application to get current information about the Ontario Government’s implementation and enforcement of the Accessibility for Ontarians with Disabilities Act. Earlier efforts to get the Government to reveal the requested information had not succeeded.
In the dying days of the current term of the Ontario Government, David Lepofsky was notified that key parts of his requests would be fulfilled. We set out the key correspondence below. This time the Government is only charging him $7.50. This is quite a reduction from the $2,325 it tried to charge for his 2013 Freedom of Information application or the $4,250 it tried to charge for his June 4, 2015 Freedom of Information application. We acknowledge that those earlier applications sought more information. However that did not justify those huge fees. In the end, the Government answered his entire 2013 Freedom of Information application at no charge. As for his 2015 Freedom of Information application, AODA Alliance Chair David Lepofsky appealed to the Information and Privacy Commission. It ruled that the Government had overcharged him by over 5 times the permissible fee.
We need this information for our future advocacy work, including preparing to make submissions to the upcoming Independent Review of the AODA’s implementation and enforcement. Below we set out the key correspondence on this. We are still awaiting answers on some parts of his Freedom of Information application. We will have more to say when we can review all the information to be released
At the end of this Update are links to key background information, and a button to unsubscribe from these Updates. We hope you will all stay subscribed!
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MORE DETAILS
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April 19, 2018 Email from AODA Alliance Chair David Lepofsky to the Ontario Government
To: Amanda Doobay-Kydd
Manager, Information Management & Access
Via email: amanda.doobay@ontario.ca
Ministry of Government and Consumer Services
Corporate Resources Management Branch
20 Dundas St. W., 4th Floor
Toronto ON M7A 1N3
Telephone: 416-325-2791
From: AODA Alliance Chair David Lepofsky
Date: April 19, 2018
RE: ADO 18-001 – AODA Stats
Thank you for your April 13, 2018 email, confirming receipt of my April 2, 2018 Freedom of Information application. I would ask the Ministry to do what it can to respond to my request before the forthcoming election writ period begins. The information I request is very important for issues to be raised in this election. If some of that information can be quickly provided, while other parts may take more time to consider, I ask that the easy-to-deliver information be provided now, without waiting for the rest to be dealt with.
I have drafted the request in order to ensure that the information I have requested can be found with absolutely minimal search time. In the case of my last Freedom of Information application regarding the Accessibility Directorate of Ontario, the Information and Privacy Commission concluded that the Accessibility Directorate of Ontario had exaggerated the search fee that the ADO was requesting by over five times the justifiable fee. I ask that this not be repeated here.
The Accessibility Directorate of Ontario should be able to find this information quickly, since I had earlier requested it in a letter to the Minister of Accessibility in a February 1, 2018 letter to her. In formulating the Government’s March 7, 2018 response to that letter, no doubt the Assistant Deputy Minister for the Accessibility Directorate, Ann Hoy, already accessed most if not all of the information I have requested. Any fee estimate should not involve re-searching for information that the Accessibility Directorate of Ontario would already have gathered.
In your email, you suggested that I look for some of the information I requested in the Ontario Government’s 2017 Accessibility Compliance and Enforcement Report. I carefully studied that, before formulating my April 2, 2018 Freedom of Information application. If I am incorrect, no doubt the Accessibility Directorate of Ontario can quickly point that out, since they wrote the Accessibility Compliance and Enforcement Report.
Your April 20, 2018 email to me suggested that I could find the actual expenditures for the Accessibility Directorate of Ontario by going to this link:
https://www.ontario.ca/page/expenditure-estimates-accessibility-directorate-ontario-2017-18
I have tried that link. I regret that given the way the Government has formatted that web page, a blind person like me, using a screen-reader, can find it hard to make sense of it. I certainly did.
In the past several years, the Government has been prepared, ultimately at no charge, to simply send me the figures I requested regarding the actual per=-year total expenditure of the Accessibility Directorate of Ontario. I hope and trust that this could be done again now.
As in the past, I am happy to speak by phone or in person if you need help in taking the quickest and easiest route to the information I have requested. Please confirm that you received this email.
Sincerely,
David Lepofsky CM, O. Ont
Chair Accessibility for Ontarians with Disabilities Act Alliance
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April 19, 2018 Email from the Ontario Government to AODA Alliance Chair David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Thursday, April 19, 2018 4:28 PM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: RE: Freedom of Information Request ADO 18-001 Acknowledgement Letter from the Ministry of Government and Consumer Services
Good Afternoon Mr. Lepofsky,
Thank you for your email. I am writing to confirm receipt and to let you know that I will review the information you have provided and will respond to you early next week.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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April 30, 2018 email from the Ontario Government to David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Monday, April 30, 2018 12:54 PM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: RE: Freedom of Information Request ADO 18-001 Acknowledgement Letter from the Ministry of Government and Consumer Services
Good Afternoon Mr. Lepofsky,
Enclosed please find our response to your inquiry below.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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April 30, 2018 David Lepofsky email to the Government
From: David Lepofsky
Sent: Monday, April 30, 2018 4:40 PM
To: ‘Doobay, Amanda (MGCS)’
Subject: RE: Freedom of Information Request ADO 18-001 Acknowledgement Letter from the Ministry of Government and Consumer Services
Thank you for your April 30, 2018 email. Re my Freedom of Information application request Item 7, please accept this email as a confirmation that I do not seek any private third party identifying information. Please confirm that this is a sufficient clarification to eliminate the need for the Government to contact the related third parties.
Sincerely,
David Lepofsky CM, O. Ont
Chair Accessibility for Ontarians with Disabilities Act Alliance
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May 2, 2018 email from the Ontario Government to David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Wednesday, May 02, 2018 9:09 AM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: RE: Freedom of Information Request ADO 18-001 Acknowledgement Letter from the Ministry of Government and Consumer Services
Good Morning Mr. Lepofsky,
Thank you for confirming the scope for item 7 of your request. We will proceed accordingly. I also wanted to let you know that any records released will be done using a USB key sent to you via regular mail.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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May 4, 2018 Email from the Ontario Government to AODA Alliance Chair David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Friday, May 04, 2018 3:14 PM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: Freedom of Information Request ADO 18-001
Good Afternoon Mr. Lepofsky,
I am writing to you today in relation to your FOI Request ADO 18-001. In reviewing records responsive to your request, we have determined that third party notification is required for item 1. In order to expedite the processing of your request to ensure the ministry’s disclosure decision is communicated to you by May 8, 2018, we are recommending that item 1 of your request be processed independent of items 2 to 7. If you are agreeable to this, the ministry will proceed with issuing a disclosure decision to you relating to items 2 to 7, and will continue to process item 1 and will communicate a revised decision due date accordingly. Please let me know if you are agreeable to this approach.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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May 4, 2018 Email from AODA Alliance Chair David Lepofsky to the Ontario Government
From: David Lepofsky
Sent: Friday, May 04, 2018 3:19 PM
To: ‘Doobay, Amanda (MGCS)’
Subject: RE: Freedom of Information Request ADO 18-001
To speed up the Government’s processing of my Freedom of Information application, I agree to my Item 1 being separated out and treated separately from the rest of the application. I would expect that in the report which I there requested, the Government had contractually secured the right to make use of and share the report, so that no third party would have a right to veto its distribution. Can you please advise on this?
Please confirm you received this.
Thank you.
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May 4, 2018 Second Email from the Ontario Government to AODA Alliance Chair David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Friday, May 04, 2018 3:52 PM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: RE: Freedom of Information Request ADO 18-001
Good Afternoon Mr. Lepofsky,
Thank you for your response. We will proceed with processing Item 1 separately. We will undertake to look into your question and will get back to you as soon as we can.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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May 7, 2018 Email from the Ontario Government to AODA Alliance Chair David Lepofsky
Ministry of Government and Consumer Services
Corporate Resources
Management Branch
20 Dundas St. W., 4th Floor
Toronto ON M7A 1N3
Telephone: 416-325-2791
Ministère des Services gouvernementaux et des Services aux consommateurs
Direction de la gestion des ressources générales
20 rue Dundas Ouest, 4e étage
Toronto ON M7A 1N3
Téléphone: 416-325-2791
May 7, 2018
David Lepofsky, Chair
AODA Alliance
Mr. Lepofsky:
RE: ADO 18-002 – ADO Review Report – Acknowledgement and Third Party Notice Letter
This letter concerns your request for access to records held by the Accessibility Directorate of Ontario (ADO) under the Freedom of Information and Protection of Privacy Act (FIPPA). We received your request and $5.00 application fee on April 09, 2018. On May 5, 2018, you agreed to separate the first question from your original request, reference file number ADO 18-001. A new file has been opened and assigned the case number ADO 18-002.
Your request reads as follows:
In 2016-2017, the Government hired the Leadership Intelligence consulting firm to conduct a review of the Accessibility Directorate of Ontario. I request a copy of the report which Leadership Intelligence submitted on the Accessibility Directorate of Ontario.
ADO has completed the records search for your request.
I write to advise that following our careful review of the responsive records we have determined that disclosure may affect the interests of a third party. The third party has the right by law to make representations about the release of the records. Your identity will remain protected at all times. Under section 28 of FIPPA (enclosed), a decision on whether the records can be disclosed will be made by June 6, 2018.
Please feel free to contact our office at 416-327-4113 or email us at MGCS.FreedomOfInformation@ontario.ca.
Sincerely,
Original signed by
Amanda Doobay-Kydd
Manager, Information Management & Access
Ministry of Government & Consumer Services
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
R.S.O. 1990, CHAPTER F.31
Third party information
- (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to,
(a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied;
(c) result in undue loss or gain to any person, group, committee or financial institution or agency; or
(d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute. R.S.O. 1990, c. F.31, s. 17 (1); 2002, c. 18, Sched. K, s. 6.
Tax information
(2) A head shall refuse to disclose a record that reveals information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax. R.S.O. 1990, c. F.31, s. 17 (2).
Consent to disclosure
(3) A head may disclose a record described in subsection (1) or (2) if the person to whom the information relates consents to the disclosure. R.S.O. 1990, c. F.31, s. 17 (3).
Notice to affected person
- (1) Before a head grants a request for access to a record,
(a) that the head has reason to believe might contain information referred to in subsection 17 (1) that affects the interest of a person other than the person requesting information; or
(b) that is personal information that the head has reason to believe might constitute an unjustified invasion of personal privacy for the purposes of clause 21 (1) (f),
the head shall give written notice in accordance with subsection (2) to the person to whom the information relates. R.S.O. 1990, c. F.31, s. 28 (1).
Contents of notice
(2) The notice shall contain,
(a) a statement that the head intends to release a record or part thereof that may affect the interests of the person;
(b) a description of the contents of the record or part thereof that relate to the person; and
(c) a statement that the person may, within twenty days after the notice is given, make representations to the head as to why the record or part thereof should not be disclosed. R.S.O. 1990, c. F.31, s. 28 (2).
Description
(2.1) If the request covers more than one record, the description mentioned in clause (2) (b) may consist of a summary of the categories of the records requested if it provides sufficient detail to identify them. 1996, c. 1, Sched. K, s. 5.
Time for notice
(3) The notice referred to in subsection (1) shall be given within thirty days after the request for access is received or, where there has been an extension of a time limit under subsection 27 (1), within that extended time limit. R.S.O. 1990, c. F.31, s. 28 (3).
Notice of delay
(4) Where a head gives notice to a person under subsection (1), the head shall also give the person who made the request written notice of delay, setting out,
(a) that the record or part thereof may affect the interests of another party;
(b) that the other party is being given an opportunity to make representations concerning disclosure; and
(c) that the head will within thirty days decide whether or not to disclose the record. R.S.O. 1990, c. F.31, s. 28 (4).
Representation re disclosure
(5) Where a notice is given under subsection (1), the person to whom the information relates may, within twenty days after the notice is given, make representations to the head as to why the record or the part thereof should not be disclosed. R.S.O. 1990, c. F.31, s. 28 (5).
Representation in writing
(6) Representations under subsection (5) shall be made in writing unless the head permits them to be made orally. R.S.O. 1990, c. F.31, s. 28 (6).
Decision re disclosure
(7) The head shall, within thirty days after the notice under subsection (1) is given, but not before the earlier of,
(a) the day the response to the notice from the person to whom the information relates is received; or
(b) twenty-one days after the notice is given,
decide whether or not to disclose the record or the part thereof and give written notice of the decision to the person to whom the information relates and the person who made the request. R.S.O. 1990, c. F.31, s. 28 (7).
Notice of head’s decision to disclose
(8) Where a head decides to disclose a record or part thereof under subsection (7), the head shall state in the notice that,
(a) the person to whom the information relates may appeal the decision to the Commissioner within thirty days after the notice is given; and
(b) the person who made the request will be given access to the record or to a part thereof, unless an appeal of the decision is commenced within thirty days after the notice is given. R.S.O. 1990, c. F.31, s. 28 (8).
Access to be given unless affected person appeals
(9) Where, under subsection (7), the head decides to disclose the record or a part thereof, the head shall give the person who made the request access to the record or part thereof within thirty days after notice is given under subsection (7), unless the person to whom the information relates asks the Commissioner to review the decision. R.S.O. 1990, c. F.31, s. 28 (9).
Personal information about deceased
(10) In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative. 2006, c. 19, Sched. N, s. 1 (3).
Deemed references
(11) If, under subsection (10), the head is informed that the deceased individual has a personal representative and is given sufficient information as to how to contact the personal representative, and if the head has reason to believe that disclosure of personal information about the deceased individual might constitute an unjustified invasion of personal privacy unless, in the circumstances, the disclosure is desirable for compassionate reasons, subsections (1) to (9) apply with the following modifications:
- The expression “the person to whom the information relates” in subsections (1), (5), (7), (8) and (9) shall be deemed to be the expression “the personal representative”.
- The expression “the person” in clauses (2) (a) and (b) shall be deemed to be the expression “the deceased individual” and the expression “the person” in clause (2) (c) shall be deemed to be the expression “the personal representative”. 2006, c. 19, Sched. N, s. 1 (3).
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May 8, 2018 Email from the Ontario Government to AODA Alliance Chair David Lepofsky
From: Doobay, Amanda (MGCS) [mailto:Amanda.Doobay@ontario.ca]
Sent: Tuesday, May 08, 2018 3:55 PM
To: David Lepofsky
Cc: MGCS Freedom of Information (MGCS)
Subject: RE: Freedom of Information Request ADO 18-002
Good Afternoon Mr. Lepofsky,
I am writing to follow up on your question on May 4, 2018 in relation to your new file ADO 18-002. Since the records are in the custody of the ADO, they are subject to the Freedom of Information and Protection of Privacy Act. Third parties who might have an interest in the information contained in the record are afforded the opportunity to provide their views on disclosure. The ministry is obligated to take their views into consideration when making its final disclosure decision. We would keep you informed in accordance with the requirements under the legislation to inform you of the outcome of this process.
Amanda Doobay
Manager, Information Management and Access
Corporate Resources Management Branch
Corporate Services Division
Ministry of Government and Consumer Services
Telephone (416) 326-3825
Cellphone (416) 894-2216
Email amanda.doobay@ontario.ca
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May 8, 2018 Ontario Government Decision Letter on David Lepofsky’s April 2, 2018 Freedom of Information application
Ministry of Government and Consumer Services
Corporate Resources
Management Branch
20 Dundas St. W., 4th Floor
Toronto ON M7A 1N3
Telephone: 416-325-2791
Ministère des Services gouvernementaux et des Services aux consommateurs
Direction de la gestion des ressources générales
20 rue Dundas Ouest, 4e étage
Toronto ON M7A 1N3
Téléphone: 416-325-2791
May 8, 2018
David Lepofsky, Chair
AODA Alliance
Mr. Lepofsky,
RE: ADO 18-001 – AODA Stats Decision Letter
This letter concerns your request for access to records held by the Accessibility Directorate of Ontario (ADO) under the Freedom of Information and Protection of Privacy Act (FIPPA). Your request and $5.00 application fee was forwarded to us, the Ministry of Government and Consumer Services, from the Ministry of Economic Development and Growth on April 09, 2018.
Your request reads as follows:
- In 2016-2017, the Government hired the Leadership Intelligence consulting firm to conduct a review of the Accessibility Directorate of Ontario. I request a copy of the report which Leadership Intelligence submitted on the Accessibility Directorate of Ontario.
- In 2016 or in 2017 (broken down by year), for how many obligated organizations, has all or part of their website been audited or inspected by or on behalf of the Ontario Government, for compliance with AODA accessibility standards?
- In 2018, at the place of business of how many obligated organizations does the Ontario Government plan to have an on-site AODA inspection? In 2018, how many obligated organizations does the Ontario Government plan to audit for AODA compliance, without conducting an on-site inspection of the organization’s place of business?
- In 2017, how many compliance orders were issued under the AODA?
- In 2017, for the three monetary penalties that were imposed under the AODA, what were their amounts? How many were against private sector organizations? How many were against public sector organizations?
- As for the annual budget of the Accessibility Directorate of Ontario:
- a) How much did the Accessibility Directorate of Ontario actually spend in fiscal year 2016-17?
- b) What total budget was allocated to the Accessibility Directorate of Ontario for fiscal year 2017-18?
- c) How much did the Accessibility Directorate of Ontario actually spend in 2017-18?
- The June 3, 2015 Toronto Star included an article on new plans for AODA enforcement.
Among other things, it stated the following, regarding complaints of AODA violations which the Government receives on its toll-free line, which the Government promised to provide for the public to report AODA violations: “New monthly reports to the minister’s office on complaints will ensure systemic problems are addressed promptly, officials say.”
I request copies of those monthly reports since the Government made that commitment.
On April 30, 2018, you narrowed your request to exclude any information where an affected third party may have an interest.
On May 4, 2018, you agreed to remove item one for this request, to be processed as a separate request.
A search has been conducted by ADO. I am pleased to inform you that access is being granted in part to the responsive records. In regards to question 2 and 6 c), we would like to advise you that no responsive records exist. As per our acknowledgement letter on April 13, 2018 and our inquiry response letter to you on April 30, 2018, records for question 4 and 6b are publicly available, and therefore exempt under section 22 of FIPPA (information currently available to the public or soon to be published). For your reference, we provided you with the following information on April 13:
In regards to your fourth question, the Accessibility Directorate of Ontario has published the 2017 Accessibility Compliance and Enforcement Report which outlines the activities undertaken by the Accessibility Directorate in 2017. It can viewed on the government’s website at: https://www.ontario.ca/page/accessibility-compliance-and-enforcement-report
As for your budget questions, specifically 6-b which asks about the 2017-18 allocation, the Directorate has published its Expenditure Estimates for fiscal year 2017-18. It can also be viewed on the government’s website at: https://www.ontario.ca/page/expenditure-estimates-accessibility-directorate-ontario-2017-18
On April 30, we provided further clarity by stating:
“Regarding item 4, in the 2017 Accessibility Compliance and Enforcement Report, the number of Director’s Orders issued was six and can be found in the section ‘Compliance Plans’, third paragraph and second bullet point.
“Regarding items 6a and 6b in your FOI request, we advised you in our acknowledgement letter on April 13, 2018, that this information was already publicly available. As you have indicated that the information is not in an accessible version that meets your needs, I am enclosing with this letter an accessible Microsoft Word version.
For the remainder of your request, we are enclosing a detailed index of records and their respective decision regarding disclosure.
Section 57 of FIPPA provides that fees shall be charged for certain costs associated with processing an access request. These fees are prescribed in the General Regulation to FIPPA (Reg. 960. R.R.O. 1990). In this case, the final fee for processing your request is $7.50, calculated as follows:
“15 minutes of search time at $7.50 per 15 minutes for a total of $7.50”
Additionally, we are pleased to inform you that we are waiving the fee for the USB key and any preparation fees associated with your request.
In your original request, you indicated that you request the records be provided to you in an accessible word document. We would like to advise you that, due to the volume of records, this may cause a delay in releasing the records to you. Upon final payment, we would be happy to release the non-accessible records to you immediately and then release the accessible versions as soon they are available. However, before we take this approach, kindly confirm if this is acceptable to you.
To complete your request, please send a cheque or money order made payable to the Minister of Finance in the amount of $7.50. The payment along with the file number ADO 18-001 should be mailed to our office. After receipt of payment, the requested records will be released.
FIPPA provides that all or part of the fee can be waived if, in the opinion of ADO, it is fair and equitable to do so after considering; a) if the fee will cause you a financial hardship; or b) if dissemination of the record will benefit public health or safety. If you would like ADO to consider granting a fee waiver, please provide documentation supporting your fee waiver request. If you require assistance on what documentation is required, kindly contact our office.
If we do not hear from you by June 8, 2018, we will deem your request to be abandoned and your file will be closed.
Under FIPPA, you may ask the Office of the Information & Privacy Commissioner of Ontario to review any matter related to this access request for information. You have 30 days from the date of this notice to request a review by writing to the Commissioner at: Registrar, Suite 1400, 2 Bloor Street East, Toronto, Ontario, M4W 1A8. Telephone (416) 326-3333 or 1-800-387-0073.
If requesting a review, please provide the Commissioner’s office with the following:
- The reference number quoted at the top of this letter;
- A cheque for $25.00 payable to the Minister of Finance;
- A copy of this letter; and
- A copy of the original request that you sent to ADO.
Please feel free to contact our office at 416-327-4113 or email us at MGCS.FreedomOfInformation@ontario.ca.
Sincerely,
Original signed by
Amanda Doobay-Kydd
Manager, Information Management & Access
Ministry of Government & Consumer Services
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June 5, 2018 Email from AODA Alliance Chair David Lepofsky to the Ontario Government
To: Amanda Doobay-Kydd
Manager, Information Management & Access
Via email: amanda.doobay@ontario.ca
Ministry of Government and Consumer Services
Corporate Resources Management Branch
20 Dundas St. W., 4th Floor
Toronto ON M7A 1N3
From: David Lepofsky CM, O. Ont
Chair Accessibility for Ontarians with Disabilities Act Alliance
Date: June 5, 2018
ADO 18-001
I write as a follow-up to our telephone conversation this afternoon. Thank you for your helpful approach.
I confirm I am going to mail a cheque for $7.50 for the requested documents. Therefore, do not treat my application as abandoned if you do not receive it by June 8. Please let me know when you receive the cheque. The Accessibility Directorate of Ontario never imposed a charge when it was in this range. However you told me that your Ministry’s policy is to charge a fee whenever it involves more than $5.
Regarding my request for the budget allocation for the Accessibility Directorate of Ontario for 2017-18, I have asked you to send me the actual number, so I don’t have to try to decode a long list of numbers in a Government budget document. Thank you for agreeing to do so.
As for my request for the actual expenditures of the Accessibility Directorate of Ontario in 2016-17, I have asked you as well to send me the specific number, for the same reason. Thank you for helping with this. As I mentioned, in the past, the Accessibility Directorate of Ontario or their minister has given us the figure itself when requested, either as a direct request, or in response to a prior Freedom of Information application.
As for the actual expenditures of the Accessibility Directorate of Ontario in 2017-18, you have told me that this figure is not yet available. Can you notify the Accessibility Directorate of Ontario that I would like to receive it when it becomes available?
As discussed, you have told me that for Item 2 in my Freedom of Information application, the numbers of obligated organizations’ website that the Accessibility Directorate of Ontario has audited for AODA compliance, you have advised that there are no responsive documents. From this it is reasonable to infer that this is because none have been audited. However, to be clear, I have asked you to ask the senior managers at the ADO who are relevant, the head of AODA enforcement and the Assistant Deputy Minister, how many obligated organizations if any were audited in the years to which I inquired. The Accessibility Directorate of Ontario has, in response to past Freedom of Information applications, been willing to give a responsive answer to similar questions, even if there are no responsive documents. You have kindly agreed to pass this request on to them, and tell me their response, if any.
I did not mention during our call that in your May 8, 2018 letter to me, you state:
“For the remainder of your request, we are enclosing a detailed index of records and their respective decision regarding disclosure.”
I found no such document attached to that email. Please send it to me in an accessible MS Word document. Please ensure it is in plain text format, and not in a table.
As discussed, I am content to have the documents, to be disclosed, first provided in their current format, whether or not it is accessible. Once disclosed, I have asked to speak with you and Accessibility Directorate of Ontario staff to review what was disclosed, so I can determine which I also need in an accessible format.
Please confirm you received this.
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More Information About the AODA Alliance and Accessibility Issues in the 2018 Ontario Election
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For the AODA Alliance tips to all voters with disabilities on how to try to avoid facing any disability barriers when trying to vote in the 2018 election, visit:
To watch the new AODA Alliance video on serious accessibility problems at new and recently renovated Toronto area public transit stations, visit:
2 minute teaser/promo:
16-minute version:
30-minute version:
To read the AODA Alliance’s May 16, 2018 news release that unveiled the commitments on disability accessibility from the major Ontario parties, visit: https://www.aodaalliance.org/whats-new/news-release-major-disability-coalition-unveils-the-parties-2018-election-pledges-on-accessibility-for-1-9-million-ontarians-with-disabilities/
To read the new AODA Alliance 2018 Election Action Kit, in order to get ideas on how to raise disability accessibility issues in the June 7, 2018 Ontario election campaign, visit:
For a riding-by-riding list of all the candidates’ contact info we could find, visit https://www.aodaalliance.org/whats-new/riding-by-riding-list-of-contact-information-for-the-major-parties-candidates-in-the-june-7-2018-ontario-general-election-as-of-may-2-2018/
To read the AODA Alliance’s analysis of each party’s commitments on accessibility, visit
To read the AODA Alliance’s issue-by-issue breakdown of the commitments of each party on accessibility, visit
To read the AODA Alliance’s April 2, 2018 letter to the party leaders, listing the disability accessibility commitments we seek, visit:
To read the Ontario Green Party’s May 4, 2018 letter to the AODA Alliance, setting out its election pledges on accessibility, visit:
To read the Ontario NDP’s May 5, 2018 letter to the AODA Alliance, setting out its election pledges on accessibility, visit:
To read the Ontario Liberal Party’s May 14, 2018 letter to the AODA Alliance, setting out its election pledges on accessibility, visit:
To read the Ontario Progressive Conservative Party’s May 15, 2018 letter to the AODA Alliance, setting out its election pledges on accessibility, visit:
For more background on the AODA Alliance’s non-partisan campaign for accessibility in this election, visit
https://www.aodaalliance.org/2018vote/
To learn more about the AODA Alliance’s efforts to ensure that the voting process is fully accessible to voters with disabilities, visit:
https://www.aodaalliance.org/category/ontario-election/
You can always send your feedback to us on any AODA and accessibility issue at aodafeedback@gmail.com
Have you taken part in our “Picture Our Barriers campaign? If not, please join in! You can get all the information you need about our “Picture Our Barriers” campaign by visiting www.aodaalliance.org/2016
We encourage you to use the Government’s toll-free number for reporting AODA violations. We fought long and hard to get the Government to promise this, and later to deliver on that promise. If you encounter any accessibility problems at any large retail establishments, it will be especially important to report them to the Government via that toll-free number. Call 1-866-515-2025.
Please pass on our email Updates to your family and friends.
Check out our new and expanded collection of online videos about the history, strategies and accomplishments of Ontario’s non-partisan grassroots accessibility campaign, available at:
Why not subscribe to the AODA Alliance’s YouTube channel, so you can get immediate alerts when we post new videos on our accessibility campaign. https://www.youtube.com/user/aodaalliance
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Learn all about our campaign for a fully accessible Ontario by visiting