Functional Accessibility on the Web: How the AODA Fails End Users

The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) impacts the way persons with disabilities are able to access goods and services in Ontario. With more than 3 million people living with disabilities in Ontario, it is essential to enact the legislation to create equity. The AODA equates “obtainable” with “accessible” without recognizing the stark contrast between having access to something and being able to keep informed because the content is created with persons with disabilities in mind. This paper focuses on the effectiveness of the AODA’s website compliance standards under the Web Content Accessibility Guidelines (WCAG) as required by Ontario Regulation 191/11, section 14 (O. Reg. 191/11s.14). Through an examination of the compliance requirements in comparison to the “Five E” Approach to Policy Analysis it is apparent that the AODA does not create equity or equality, but rather is a tool for the Ontario Government to demonstrate that it is moving toward making Ontario accessible for persons with disabilities. The “Five E” Approach to Policy Analysis of the AODA demonstrates that O. Reg. 191/11 s.14 does not have the proper mechanisms in place to ensure equity in Ontario with regards to websites and internet usage. It is hoped that this study will increase awareness about the discrepancy between what is written in the AODA and the type of accessibility needed for persons with disabilities in Ontario so the Government can move forward towards true equity