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THE ONTARIO HUMAN RIGHTS CODE
The Ontario Human Rights Code mandates that service must be provided without discrimination. It is also clear from the Code that accommodating individuals with disabilities is an integral part of providing a service free of discrimination. The definition of services includes university education.
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
(Ontario Human Rights Code, Revised Statutes of Ontario 1990, Chapter H-19 Section 1)
The Commission, the Tribunal or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirement, if any.
(Ontario Human Rights Code, Revised Statutes of Ontario 1990, Chapter H-19 Section 17(2))
THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT
The AODA was enacted in order to ensure that organizations become barrier-free for persons with disabilities to the extent that they can. Universities must develop services, and modify the provision of existing services, such that the need for individuals with disabilities to request accommodation is minimized. It is incumbent on the University to build accessibility into the way that it delivers its services while continuing to provide specific accommodations for individuals when appropriate.
Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by,
(a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025; and
(b) providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards.
Accessibility for Ontarians with Disabilities Act (AODA) Statutes of Ontario 2005, Chapter 11, section 1)
THE ONTARIO FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
FIPPA was enacted to ensure that individuals have access to personal information that an institution collects about them, while ensuring that those who do not have a right to that information do not have access to it, thereby ensuring individual privacy. Students who receive assistance from the University to put in place an accommodation plan, can be assured that the information provided by them is only shared with those who "need to know" in order to assist in the accommodation process.
An institution shall not use personal information in its custody or under its control except,
(a) where the person to whom the information relates has identified that information in particular and consented to its use;
(b) for the purpose for which it was obtained or compiled or for a consistent purpose;
Ontario Freedom of Information and Protection of Privacy Act Revised Statutes of Ontario 1990, Chapter F-31, Section 41
Last Updated: 19 May 2011