HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Daniel William McMahon
Applicant
-and-
U-Haul Co. (Canada) Ltd.
Respondent
INTERIM DECISION
Adjudicator: David A. Wright
Decision Date: March 15, 2012
Indexed as: McMahon v. U-Haul Co. (Canada) Ltd.
WRITTEN SUBMISSIONS
Daniel McMahon, Applicant
Self-represented
1The applicant requests that the Tribunal order production of documents indicating whether the respondent has trained its employees in accordance with O. Reg. 429/07 made under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, or a Tribunal-ordered inquiry. The respondent has not responded to the Request.
2Section 6 of O. Reg. 429/07 reads as follows:
(1) Every provider of goods or services shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities:
Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise.
Every person who participates in developing the provider’s policies, practices and procedures governing the provision of goods or services to members of the public or other third parties.
(2) The training must include a review of the purposes of the Act and the requirements of this Regulation and instruction about the following matters:
How to interact and communicate with persons with various types of disability.
How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person.
How to use equipment or devices available on the provider’s premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability.
What to do if a person with a particular type of disability is having difficulty accessing the provider’s goods or services.
(3) The training must be provided to each person as soon as practicable after he or she is assigned the applicable duties.
(4) Training must also be provided on an ongoing basis in connection with changes to the policies, practices and procedures governing the provision of goods or services to persons with disabilities.
(5) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare a document describing its training policy, and the document must include a summary of the contents of the training and details of when the training is to be provided.
(6) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall keep records of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided.
3In my view, records of the information required under s. 6(6) are arguably relevant to the issues in the Application, including remedy. The respondent shall deliver to the applicant, within 21 days of the date of this Interim Decision, copies of the records required by s. 6(6) or advise the applicant that it has none.
4I am not seized.
Dated at Toronto, this 15^th^ day of March, 2012.
“Signed by”
David A. Wright
Associate Chair