This article stems from the Ontario Bar Association’s recent program, Accommodating Students with Disabilities: Legal and Practical Perspectives, and addresses a recurring issue across both K-12 and post-secondary settings: while the duty to accommodate is well established, disputes continue to arise over process, documentation, timing, and the limits of undue hardship.
The Legal Framework: OHRC first, AODA alongside
The duty to accommodate students with disabilities in Ontario arises under the Ontario Human Rights Code (OHRC), which guarantees equal treatment in services, including education, and requires accommodation short of undue hardship (Human Rights Code, R.S.O. 1990, c. H.19, ss 1, 2, 17 [OHRC]).
This duty operates alongside the Accessibility for Ontarians with Disabilities Act (AODA) and its regulations (Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 [AODA]). The AODA imposes system-wide accessibility standards. The OHRC imposes an individualized, enforceable duty. Compliance with one does not ensure compliance with the other.
The OHRC Policy on Accessible Education for Students with Disabilities confirms that these regimes are complementary and that the OHRC remains paramount.