4. Accessibility for Ontarians with Disabilities Implementation Update Mise à jour sur l’application de la Loi sur
l’accessibilité pour les personnes handicapées de l’Ontario |
That Council:
1.
Receive this report as an
update on the implementation of the provincial Accessibility for Ontarians
with Disabilities Act (AODA); and
2.
Approve the Corporate
Accessibility Customer Service Policy, required under the AODA, attached as
Document 1.
RecommandationS du Comité
Que le Conseil:
1.
reçoive
ce rapport, mise à jour sur l’application de la Loi sur l’accessibilité pour
les personnes handicapées de l’Ontario; et
2.
approuve
la politique municipale sur les services au public accessibles, exigée en vertu
de la Loi sur l’accessibilité pour les personnes handicapées de l’Ontario,
ci-jointe en tant que document 1.
DOCUMENTATION
1. Accessibility
Advisory Committee and Deputy City Manager of City Operations report dated 27
October 2009 (ACS2009-COS-ODP-0005)
Report
to/Rapport au :
Corporate Services and Economic Development Committee /
Comité des services organisationnels et du
développement économique
and Council / et au Conseil
27 October 2009/ le 27 octobre 2009
Submitted by/Soumis par:
Accessibility Advisory Committee / Comité consultatif sur
l’accessibilité
and / et
Steve Kanellakos, Deputy City Manager,
City Operations/ directeur municipal adjoint, Opérations municipales
Donna Gray,
Director/directrice
Organizational
Development and Performance/Services du développement et du rendement
organisationnels, 613‑580‑2424, ext./poste 25684
Ref N°: ACS2009-COS-ODP-0005 |
SUBJECT: |
Accessibility
for Ontarians with Disabilities Implementation Update |
|
|
OBJET : |
Mise à jour sur l’application de la Loi sur
l’accessibilité pour les personnes handicapées de l’Ontario |
REPORT RECOMMENDATIONS
That
the Corporate Services and Economic Development Committee and Council:
1.
Receive this report as an
update on the implementation of the provincial Accessibility for Ontarians
with Disabilities Act (AODA); and
2.
Approve the Corporate
Accessibility Customer Service Policy, required under the AODA, attached as
Document 1.
RECOMMANDATIONS
DU RAPPORT
Que le Comité des services organisationnels et
du développement économique ainsi que le Conseil :
1.
Reçoivent
ce rapport, mise à jour sur l’application de la Loi sur l’accessibilité pour
les personnes handicapées de l’Ontario; et
2.
Approuvent
la politique municipale sur les services au public accessibles, exigée en vertu
de la Loi sur l’accessibilité pour les personnes handicapées de l’Ontario,
ci-jointe en tant que document 1.
EXECUTIVE SUMMARY
The inclusion of
citizens with disabilities is a citywide vision shared by Council and
staff. Bringing this vision to reality
requires the attention, dedication and skills of all City staff. In recent
years the Province of Ontario has set out legislation to assist municipalities
with their mandates around accessibility.
The Provincial Accessibility for Ontarians with Disabilities Act (AODA) received royal assent in 2005. Under the AODA, private, public and non-profit organizations are required to identify, remove and prevent barriers in order to make the Province accessible for all people with disabilities by 2025. Through the AODA, the provincial government has identified four key areas for the development of “common” accessibility standards. These standards are intended to set requirements across all organizations and sectors:
1. Customer service
2. Information and communications
3. Built environment
4. Employment
All common standards are intended to apply to municipalities. The first Standard enacted in 2008 was the Accessibility Standards for Customer Services regulation, which has a compliance deadline of January 1, 2010.
In order to meet the compliance deadline for the first, already enacted Accessible Customer Service Standard, City staff have been focused on delivering Accessible Customer Service training to the over 10,000 staff who provide direct service or are involved in policy development. Staff have also been reviewing existing policies, procedures and practices that support accessibility. A new Accessible Customer Service Policy, required by the legislation, has been developed and is attached to this report for approval.
In 2010, the Accessibility Office along with an interdepartmental staff team, the Accessibility Working Group (AWG), will focus on developing a multiyear COMAP plan to ensure that we are preparing in advance for compliance with the remaining standards. This plan will include the identification of financial impacts of proposed standards to assist with budget planning, and an assessment of the activities that will be required to ready the corporation for compliance.
A budget pressure of $75,000 has
been referred to the 2010 budget process in order to assist with implementation
of the remaining AODA standards and the development of a multi-year plan for
compliance readiness.
RÉSUMÉ
Tant le Conseil que le personnel de la Ville souscrivent à la vision
d’une pleine intégration des citoyens handicapés. Pour que cette vision
devienne réalité, tous les employés doivent s’y consacrer et mettre leurs
compétences à contribution. Au cours des dernières années, le gouvernement de
l’Ontario a adopté diverses réglementations pour aider les municipalités à
remplir leur mandat en matière d’accessibilité.
La Loi sur l’accessibilité pour les personnes
handicapées de l’Ontario (LAPHO) a reçu la sanction royale en 2005. En
vertu de la LAPHO, toutes les organisations privées, publiques et sans but
lucratif doivent cerner les obstacles existants, les éliminer et prévenir
l’apparition de nouveaux obstacles afin de rendre la province entièrement
accessible aux personnes handicapées d’ici 2025. Le gouvernement provincial a
donc ciblé quatre domaines qui feront l’objet de normes d’accessibilité
communes visant l’ensemble des organisations et des secteurs :
1. le service à la clientèle,
2. l’information et les communications,
3. l’environnement bâti,
4. l’emploi.
Toutes
les normes communes s’appliquent aux municipalités. Ces dernières ont
d’ailleurs jusqu’au 1er janvier 2010 pour se conformer à la
première série de normes, les normes d’accessibilité pour les services à la
clientèle, adoptées en 2008.
Afin
de respecter cette date limite, le personnel de la Ville a donné de la
formation sur l’accessibilité aux services à la clientèle à plus de 10 000
employés qui travaillent directement avec le public ou qui participent à
l’élaboration de politiques. Le personnel revoit également les politiques, les
procédures et les pratiques actuelles en matière d’accessibilité. Conformément
aux exigences de la nouvelle réglementation, il a aussi élaboré une nouvelle
politique d’accessibilité aux services à la clientèle, que vous trouverez en
annexe aux fins d’approbation.
En
2010, le Bureau de l’accessibilité et le Groupe de travail sur l’accessibilité,
une équipe interservices formée de membres du personnel, travailleront de
concert à l’élaboration d’un plan pluriannuel dans le cadre du Plan
d’accessibilité municipal de la Ville d’Ottawa (PAMVO). Ce plan, qui permettra
à la Ville d’être bien préparée pour la suite du processus, présentera
notamment les incidences financières des normes proposées, aux fins de
planification budgétaire, ainsi qu’une évaluation des activités que la Ville
devra entreprendre pour se conformer à ces normes.
Une
pression budgétaire de 75 000 $ a été incluse dans le processus
budgétaire de 2010 afin de faciliter la mise en œuvre des autres normes de la
LAPHO et l’élaboration d’un plan de conformité pluriannuel.
BACKGROUND
The inclusion of
citizens with disabilities is a citywide vision shared by Council and
staff. Bringing this vision to reality
requires the attention, dedication and skills of all City staff. The goal of
the City of Ottawa Municipal Accessibility Plan (COMAP) is to have
accessibility become a part of everyday business at the City. While numerous
achievements have already been accomplished in the past, we remain dedicated to
continuous improvement in the area of accessibility. In recent years the
Province of Ontario has set out legislation to assist municipalities with their
mandates around accessibility.
The Ontarians with Disabilities Act (ODA) was enacted in 2001, requiring public sector organizations to establish accessibility advisory committees for consultation purposes in accessibility planning and to submit public accessibility reports. These reports describe plans and measures to identify, remove and prevent barriers that impede access of services by citizens with disabilities. The measures were voluntary and neither standards, nor enforcement mechanisms existed.
Since then, the Accessibility for Ontarians with Disabilties Act (AODA) received royal assent in 2005, changing the approach from voluntary targets to enforced standards. Under the AODA, private, public and non-profit organizations are required to identify, remove and prevent barriers in order to make the Province accessible for all people with disabilities by 2025. Through the AODA, the provincial government has identified four key areas for the development of “common” accessibility standards. These standards are intended to set requirements across all organizations and sectors:
1. Customer service
2. Information and communications
3. Built environment
4. Employment
All common standards are intended to apply to municipalities. The first Standard enacted in 2008 was the Accessibility Standards for Customer Services regulation, which has a compliance deadline of January 1, 2010. The Provincial deadline to full compliance to all AODA standards is 2025.
The Province is also developing standards that apply to a single sector and the first of these is accessible transportation services. Federally regulated transportation services, such as OC Transpo, are bound by the federal codes of practice on accessibility and therefore the Provincial AODA standards are not applicable.
Since the enactment of the ODA the City of Ottawa has shown leadership in the field of Accessibility by creating the Accessibility Advisory Committee (AAC) in 2001, creating the Accessibility Interdepartmental Steering Committee (now Senior Management Committee) and creating the Accessibility Taskforce in 2002 to develop the City’s very first Accessibility Plan in 2003 and the creation of a Corporate Accessibility Office.
Since then, many other significant accessibility initiatives have been identified and successfully implemented through the annual City of Ottawa Municipal Accessibility Plan (COMAP).
With the first of the AODA standards now enacted and the others in their draft forms, the Accessibility Office is preparing to integrate future COMAP reports so that they are reflective of the initiatives specifically related to compliance with the AODA. In 2010, the Accessibility Office, along with an interdepartmental staff team, the Accessibility Working Group (AWG), will focus on developing a multiyear COMAP plan to ensure that we are preparing in advance for compliance with the remaining standards. This Plan will include the identification of financial impacts to assist with budget planning, as the remaining standard timelines will overlap in upcoming years once enacted.
In order to meet the compliance deadline for the already enacted Accessible Customer Service Standard the entire Corporation has been focused on delivering Accessible Customer Service training to the over 10,000 staff who provide direct service or are involved in policy development. Staff has also been reviewing existing policies, procedures and practices that support accessibility. A new Accessible Customer Service Policy, required by legislation, has been developed and is attached to this report for approval. It is anticipated that once all Standards are enacted they will be joined to create one overall City of Ottawa Accessibility Policy.
AODA Standards Overview
Development of Standards
The proposed and enacted AODA standards have been developed by provincially established Standards Development Committees. Committee members include:
· Persons with disabilities or their representatives;
· Representatives of industries, sectors of the economy or classes of persons to which an accessibility standard applies;
· Representatives of Ontario government ministries; and
· Other persons or organizations the Minister considers advisable.
Committee membership is structured so that overall 50 per cent of voting and advisory members are comprised of persons with disabilities or their representatives.
Throughout the development of the AODA standards the City of Ottawa has been working closely with the Accessibility Advisory Committee, the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers Clerks and Treasurers (AMCTO), the Ontario Network of Accessibility Professionals (ONAP) and the Municipal Information Systems Association (MISA) to respond to each draft standard released for public review by the Province. The City of Ottawa has submitted feedback to each of the proposed standards as they have come available for public review and has provided a representative to sit on the Information and Communication Development Committee, in partnership with the Association of Municipalities of Ontario.
The last standard released for public review is the initial proposed Accessible Built Environment Standard, which was out for public review until October 16, 2009. A copy of the City’s comments to the Province for this standard will be circulated to Council under separate memo. This position was created with the assistance of staff from across the corporation. The City of Ottawa has also consulted with other municipalities from across the Province to inform our position and feedback to the Province.
The City of
Ottawa, not unlike other Municipalities and Associations across the Province,
is very supportive to the new proposed AODA legislation. To date, the following key themes and
recommendations have been identified in our feedback to the Province and have
been echoed by AMO and AMCTO:
1. Harmonization:
All standards
under the AODA need to be harmonized, preferably prior to becoming
regulation. The current approach of
developing each AODA standard independently of one another creates unnecessary
confusion and limits the ability of organizations to develop holistic
accessibility implementation plans.
The standards
also need to be harmonized with related existing legislative requirements such
as the Ontario Building Code, the Highway Traffic Act, and the Ontario
Human Rights Code. Reconciliation
of competing requirements should not be left to the judicial process subsequent
to the standards being legislated.
2. Compliance Timeframes:
The AODA
envisions accessibility by 2025.
However, the draft standards have short zerp to five year compliance
timeframes. A longer timeframe using
the full roll out window to 2025 allows for a phase-in of incremental
improvements, which would provide organizations the opportunity to fiscally
plan for implementation in a responsible and sustainable manner. Longer compliance timeframes will reduce the
financial impact and allow for long-term implementation budgeting. Should organizations be forced to meet
unreasonably aggressive compliance timelines in several AODA standards,
degradation of existing services may occur.
In addition, a number of standards overlap in compliance deadlines and
reference each other in requirements. For example, the proposed Employment
Standard frequently references the Information and Communications
Standard. It is strongly recommended
that the compliance dates for all draft standards be harmonized over a
reasonable phase-in period.
3. Financial
Impact:
The
responsibility for the cost of meeting the standard(s) will rest with the
person/organization responsible for compliance. Any funding from the Province would be within existing funding
envelopes. It is impossible to
accurately estimate costs without first seeing the final draft of all of the
standards. Attempts have been made to try to estimate costs with a few very
specific requirements in some of the draft standards but nothing that would
capture the full financial impact of a standard let alone of all of the
standards combined.
DISCUSSION
Standards Update
Accessibility Standards for
Customer Service
The first of the four accessibility
standards to be regulated was the Accessibility Standards for Customer Service
- ON Regulation 429/07, which came into effect January 1, 2008. This standard has a compliance deadline of
January 1, 2010 and requires municipalities to:
1. Establish policies, practices and procedures about how services are provided to people with disabilities including notice of temporary disruption of services, providing accessible formats and accommodating service animals.
2. Provide training to all staff who deal with members of the public and all staff involved in policy development about the provincial accessibility legislation and regulations, and how to deliver accessible services (including: communication, assistance for people using service animals, technical devices and/or support persons).
3. Develop a mechanism for people to give feedback about the accessibility of services.
4. Report back to Province on progress and prepare and make available documents about how these standards are met and ensure documents are provided in such a way as to take into account the person’s disability.
The City of Ottawa and all other organizations within the public sector are required to comply with this standard by January 1, 2010 and report back in spring 2010. This standard applies to all organizations within Ontario with at least one employee. Federally regulated transportation services, such as OC Transpo, are bound by the federal codes of practice on accessibility and therefore the Accessibility Standards for Customer Service – ON Regulation 429/07 are not applicable.
The City of Ottawa is positioned to meet the compliance deadline to this standard.
The City of
Ottawa Accessibility Customer Service Policy, before Committee and Council for
approval, is the first of its kind in Ottawa and will guide the development of
procedures, practices and training throughout the corporation on issues such
as; providing notice of temporary disruptions in services, providing accessible
formats and accommodating support persons and service animals.
The policy
complies with the AODA Customer Service regulation and other relevant
legislation such as the Human Rights Act. This policy has been created
with extensive involvement of key staff from across the corporation and the AAC
and informed by a scan of other municipalities to ensure alignment.
Similar policies
will be developed to comply with other standards as they are enacted, and will
eventually be assembled to create one comprehensive City of Ottawa
Accessibility Policy.
Departments will
use the new Accessible Customer Service Policy as a benchmark for reviewing and
creating procedures, practices and by-laws within their service area.
Accessible
Customer Service Training
In order to comply with the Accessibility Customer Services standard, training of approximately 10,000 city staff who deliver customer service to the public or develop city policy is underway. A train the trainer model is being used with departments to ensure compliance and consistency in messaging to staff across the corporation. The Accessibility Office staff has developed tools to support the training that include details on the legislation, responsibilities, training formats and materials. Various tailored training formats such as a corporate accessibility training module, an integrated module, a compliance module and an e-leaning module have all been developed in consultation with departments and the community. They have also been created using a variety of mediums and materials from the Province and community partners. Community co-facilitators have also been identified and invited to support departments with their training needs.
Departmental
training plans and targets have been established in each service area of the
corporation and each department is responsible for forwarding monthly updates
on these targets to the Training Coordinator in the Accessibility Office, who
collects and centrally monitors performance towards compliance. All training taken is tracked through SAP to
ensure proper recordings. Once initial training of existing staff has been
completed the AWG will assess the requirements and responsibilities for ongoing
training.
There are three exceptions to the current staff training requirements under the AODA. Paramedics, Fire and Police do not require training until 2012.
The Customer
Service Standard also applies to people who deal with members of the public or
other third parties on behalf of the City, and people who participate in
developing the City’s policies, practices and procedures governing the
provision of goods or services to members of the public or other third parties,
whether the person does so as an agent, volunteer or otherwise. The Accessibility Office, along with key
staff from Legal Services and Purchasing and Supply Management, are determining
a process to confirm compliance on the part of contractors and third party
agents. They are also consulting with
the Province and other municipalities to determine the best approach to address
our obligations as they relate to third parties/contractors conducting work for
the City.
Another requirement of the AODA’s Customer Service
regulation is to establish a process whereby people with disabilities can
easily provide feedback and receive responses to feedback on the city’s
programs and services. A process for
receiving accessible feedback on services is already in place corporately
through 3-1-1 and directly to various departments. The current process complies
with the regulation.
Information & Communications
The proposed Accessible Information and Communication standard underwent public review in the winter of 2008/2009 and is with the Minister of Community and Social Services for consideration. It is anticipated that this standard may be regulated sometime in 2010.
The Accessible Information and Communication (IC) standard is designed to achieve equal access to communication systems and information for all Ontarians. The proposed standard contains requirements for:
· Developing policies and procedures,
· Training of staff and third parties,
· Accessible processes such as feedback mechanisms,
· Emergency and public safety information for the public and employees,
· Web-based information and communications systems, as well as
· Technical specifications for accessible formats and methods of delivery.
The City of Ottawa provided input into the initial proposed Information and Communications standard in February 2009. At that time the City’s feedback included a request for consideration of the timelines proposed, clarity in scope of applicability, and consideration of vendor readiness in cases where the City must rely on technology from a third party. The City also expressed concern for the potential costs of implementation and suggested the Province provide financial support to ensure successful implementation.
The proposed IC standard has different recommended implementation timeframes depending on the class of organizations, size and sector. Timeframes range from one year for development of policies and provision of Emergency and Public Safety Information to 15 years for procurement of conversion-ready electronic formats for educational library materials. Most requirements are expected to be complied with within the first five years with large public sector organizations taking the lead.
Employment
The AODA Employment Standard is considering how best to remove barriers within the employment life cycle. It will cover policies and procedures to address recruitment, hiring, retention, advancement and employee job accommodation, as well as awareness training. There will be cross-linkages to technical specifications within the Information and Communications standard with the intent that these be applied within the workplace. The City of Ottawa provided feedback during the public review period ending on May 22, 2009. The provincial Standard Development Committee forwarded the final proposed standard to the Minister for consideration in September 2009. Release of the final proposed standard is expected before the end of 2009 and it is expected that this standard may be regulated in 2010.
In our
feedback on the draft proposed standard, the City of Ottawa explained that
although it recognizes the importance of accessible workplaces and supports a
workforce that is representative of persons with disabilities living in our
community, the proposed standard document, reaches beyond the Human Rights
Code’s duty to accommodate individuals with disabilities and employment
practices. The City of Ottawa’s view is that prior to becoming regulations, all
AODA Standards and the Ontario
Human Rights Code should be harmonized, as this would ensure clarity
and consistency across the various related legislative instruments.
The City of Ottawa is well
positioned with respect to its employment policies, procedures and
programs. All were developed taking
into consideration obligations under human rights legislation.
Built
Environment
This Standard
looks at the application of accessibility features according to different types
of construction – public and private sectors, commercial and residential
construction. It is expected to address access into and within buildings and
outdoor spaces and will build on the Ontario Building Code.
The Government’s initial announcement on July 14, 2009 stated the Built Environment Accessibility Standard retrofits to existing buildings, or any requirements for residential homes. The Province has committed to establishing a Standards Development Committee process to deal with retrofitting of existing buildings, and accessible housing issues.
Our proposed feedback to the Province on the draft initial Built Environment Standard reviews the impact on City services and facilities for new construction and major renovation standards in relation to heritage buildings, existing city buildings and pathways. It also highlights the benefits of the City’s current retrofit program, in relation to retrofitting existing construction. The deadline for public review of this standard was October 16, 2009. It is expected that this standard may be regulated in 2012.
Transportation
The proposed
Transportation Standard addresses modes of transportation within provincial and
municipal jurisdictions including municipal public transit services and
taxis. The initial proposed standard
received public review between June 27, 2008 and September 28, 2008. The final proposed standard was submitted to
the Minister of Community and Social Services in December 2008.
The City of
Ottawa’s Transit Services falls under federal jurisdiction and is bound by the
federal codes of practice on accessibility and therefore the municipality did
not respond to the public review period for the initial proposed Standard.
Transit Services
intends to align its efforts toward removing barriers for persons with
disabilities with the highest standards applicable to the transit industry. The
standard proposed in the Strategic Branch Review reflects the language used in
the Accessibility for Ontarians with Disabilities Act, which encompasses
barrier-free customer service, built environment and transportation. Once
enacted, there may be very little difference between the federal and the
provincial accessibility standards. In fall of 2009, Transit Services initiated
a comprehensive accessibility audit and evaluation of their services.
It is expected that this standard may be regulated in 2010.
Compliance
Once individual
standards are enacted as over-riding legislation, the AODA enables the Province
to establish enforcement mechanisms, including inspections, administrative
penalties, the issuance of orders and non-compliance fines. Fines are not to exceed $100K per day for
organizations and $50K per day director liability.
The Municipality
must report on compliance to the Customer Service regulation in the first
quarter of 2010. The Province will identify additional compliance dates for
each of the remaining standards, using progressive, graduated timelines.
Organizational
Development and Performance department has included $75,000 one-time funding in
its 2010 draft budget for the Accessibility Office in order conduct a review of
all remaining draft AODA standards to assess impact and financial implications
of their implementation within the City of Ottawa. The review will include a
full cost analysis, and undertake other activities that will prepare the
corporation for the upcoming standards.
Activities will include:
· Purchasing web software and other supplies required to facilitate easy compliance with the upcoming Information and Communication Standard
· Ongoing training requirements of the Customer Service standard, development of new training programs and materials for the Information and Communication and Employment Standards.
· Developing a cost analysis/study of the impact of AODA standards over time, as part of an implementation plan to ensure the City is ready to achieve compliance by yet-to-be-set target dates.
· Continuing to meet our community engagement mandate by providing specialized interpretation services at our City events/initiatives and planning and implementing AccessAbility Day.
Results of this review will be reported to Committee and Council in 2010.
NEXT STEPS
The immediate
focus for the remainder of 2009 will be on completing the training for staff
identified. Early in 2010 the City will
submit its first required report to the Province demonstrating compliance to
the AODA Customer Service regulation.
In 2010 focus
will be on the analysis of our obligations under the remaining 4 standards and
the development of an overall City of Ottawa AODA implementation plan. This
plan will be the main 2010 City of Ottawa Municipal Accessibility Plan (COMAP)
initiative and will require input, analysis and decisions from all departments
across the corporation. It will include a detailed multi year implementation
plan, timelines, cost implications and responsibility areas. It is anticipated
that this plan will go to Committee and Council for approval in late 2010.
CONSULTATION
Staff from
Accessibility Working Group as well as the Accessibility Advisory Committee
were consulted for this report.
The consultation
process for the development of the Policy includes the AAC, members of the
Accessibility Working Group, Corporate groups such a Legal Services and other
staff knowledgeable in the area of Accessibility.
RURAL
IMPLICATIONS
The AODA
standards are province-wide. There are
no specific rural implications.
FINANCIAL
IMPLICATIONS
There
are no financial implications associated with this report. $75,000 has been included in Organizational
Development and Performance Department’s 2010 budget to undertake a review of
all remaining draft AODA standards as described in this report.
ATTACHMENTS:
Accessibility Standards for Customer
Service Policy (Immediately follows the
report)
DISPOSITION
City Operations
will implement direction received from Council. In addition, the Corporate
Accessibility Office, through the Organizational and Performance Department,
City Operations will update Council when other Accessibility Standards are
enacted.
Supported by the Corporate Accessibility Office the AWG oversees the development, monitoring, implementation and reporting of initiatives described in COMAP and members act as a liaison for their respective departments.
Document 1
policy statement
The City of Ottawa is committed to
providing equal treatment to people with disabilities with respect to the use
and benefit of City services, programs, and goods in a manner that respects
their dignity and that is equitable in relation to the broader public.
purpose
The objective of this Policy is to provide guidelines for the delivery of City services to people with disabilities, in compliance with requirements of the Accessibility Standards for Customer Service, O. Reg. 429/07 (see Appendix A), made under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11.
application
This Policy applies to all City
employees, volunteers, and third party contractors who deal with the public on
behalf of the City, and those who are involved with City policy development.
Federally regulated transportation services, such as OC Transpo, are bound by the
federal codes of practice on accessibility, therefore, the Accessibility
Standards for Customer Service – ON Regulation 429/07 is not applicable.
policy requirements
City services, programs and goods are to be provided to people with disabilities in a manner that:
· Accommodates disability-related needs *
· Reflects the principles of dignity and independence
· Seeks to provide integrated services
City employees, volunteers and third
party contractors shall accommodate the use of personal assistive devices such
as scooters and Braille display boards.
Assistive devices including, but not limited to, Assistive Listening
Devices and FM Loop systems that are available for access to specific services
and programs shall be kept in good working order and the public shall be
informed of their availability.
City employees, volunteers and third
party contractors shall accommodate the use of service animals by people with
disabilities who are accessing City services or goods unless the animal is
otherwise excluded by law, such as food preparation areas as prohibited by Food
Premises, R.R.O. 1990, Reg. 562 under the Health Protection and Promotion
Act, R.S.O. 1990, c. H.7. See
Definitions for a detailed description of Service Animals.
Where a person with a disability
accessing City goods or services is accompanied by a support person, City
employees, volunteers and third party contractors shall ensure that both
persons are permitted to enter the premises together and shall ensure that the
person with a disability can access the support person while on the premises. See Definitions for a detailed description
of Support Persons.
If the City charges an admission fee in
connection with a support person’s presence at an event or function, the City
shall ensure that notice is given in advance about the amount, if any, that is
payable in respect of the support person accompanying a person with a
disability.
When communicating with a person with a
disability, City employees, volunteers and third party contractors shall do so
in a manner that respects the person’s disability. Guidelines for communicating
with people who have various types of disabilities are provided in the City’s Accessibility
Training for Customer Service – Reference Guide (2009) (see Appendix B).
When referring to people with
disabilities, City employees, volunteers and third party contractors shall use
terminology that adheres to guidelines provided in the City of Ottawa’s Accessibility
Training for Customer Service – Reference Guide (2009) (see Appendix B).
In the event that there is a temporary disruption in the
availability of facilities, services or goods used by persons with disabilities
(e.g., temporary loss of elevator service), the City shall give notice to the
public of the reason for the disruption, the date(s) of disruption, its
anticipated duration and a description of alternative facilities or services,
if any, that are available. Such notice may be provided by a variety of
methods, depending on the circumstances, and may include postings in
conspicuous places at the affected premises, other City facilities, and the
City's website (www.ottawa.ca), as well as by other means that will ensure that
the notice reaches those persons potentially affected by the temporary disruption.
All employees and volunteers who deal
with the public on behalf of the City and who are involved in City policy
development shall receive training on accessible customer service. This
includes information on the Accessibility for Ontarians with Disabilities
Act, 2005, S.O. 2005, c. 11 and the requirements of the Accessibility
Standards for Customer Service, O. Reg. 429/07 as they pertain to the
City. Accessibility training shall also
be made available to other staff as determined by their Managers.
Managers and supervisors shall determine
the appropriate method of training based on the employee’s roles and
responsibilities. Training shall
utilize the material in the City of Ottawa’s Accessibility Training for
Customer Service – Reference Guide (2009) (see Appendix B) and material
provided by the Corporate Accessibility Office.
Managers and supervisors shall ensure
that training records are maintained, including dates when training is
provided, the number of employees who received training and that individual
training records are entered into SAP.
Third party contractors shall be required
to demonstrate to the City that they are in compliance with the AODA Customer
Service Standard training.
Feedback about how services are delivered
to people with disabilities shall be invited, forwarded to the appropriate
personnel, responded to, documented and tracked. Feedback shall be collected by phone and TTY at 3-1-1, by e-mail
(accessibilityoffice@ottawa.ca) and in person at any of the City’s service
locations.
Documentation
Documentation that describes this Policy
and each of its requirements shall be maintained on the City’s website
(www.ottawa.ca) and provided to individuals, upon request, in the appropriate
format.
responsibilities
The Corporate Accessibility Office is responsible for reviewing this Policy annually and recommending amendments to ensure on-going compliance with regulated accessibility standards and legislated obligations.
The Corporate Accessibility Office shall provide advice and direction on the implementation of this Policy.
Supervisors and managers shall ensure that they and their staff are familiar with this Policy.
monitoring/contraventions
Supervisors and managers will monitor current practices to ensure compliance.
Failure to comply with this Policy may
result in disciplinary action, up to and including dismissal.
references
City of Ottawa, Municipal Accessibility Plan (COMAP)
City of Ottawa, Accessibility Training for
Customer Service – Reference Guide (2009)
legislative and administrative authorities
Accessibility
for Ontarians with Disabilities Act, 2005, S.O.
2005, c. 11
Accessibility
Standards for Customer Service, O. Reg. 429/07
Human Rights Code, R.S.O. 1990, c. H.19
definitions
Disability –is defined, per Section 2 of the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and the Human Rights Code, R.S.O. 1990, c. H.19, as follows:
“(a) any degree of physical
disability, infirmity, malformation or disfigurement that is caused by bodily
injury, birth defect or illness and, without limiting the generality of the
foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of
paralysis, amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment, muteness or speech impediment, or
physical reliance on a guide dog or other animal or on a wheelchair or other
remedial appliance or device,
(b) a condition of mental
impairment or a developmental disability,
(c) a learning disability, or a
dysfunction in one or more of the processes involved in understanding or using
symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.”
Service Animals – are defined, per Section 4(9) of the Accessibility Standards for Customer Service, O. Reg. 429/07, as follows:
“an animal is a service animal for a
person with a disability:
(a) if it is readily apparent that the
animal is used by the person for reasons relating to his or her disability; or
(b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.”
Support Person – is defined, per Section 4(8) Accessibility Standards for Customer
Service, O. Reg. 429/07, as follows:
“a
support person means, in relation to a person with a disability, another person
who accompanies him or her in order to help with communication, mobility,
personal care or medical needs or with access to goods or services.”
NOTE: For more definitions relevant to accessible customer services, see Appendix B, City of Ottawa, Accessibility Training for Customer Service – Reference Guide (2009).
keyword search
Accessibility
Accessibility Training
Accommodations, Disability-related
Disability
Personal Support Workers
Service Animals
Support Person
enquiries
For further information regarding this Policy, contact:
Corporate Accessibility Office
Organizational Development and Performance
City Operations
accessibilityoffice@ottawa.ca
TEL: 3-1-1
appendices
Appendix
A: Accessibility Standards for Customer Service, ON Regulation 429/07
Appendix B: City of Ottawa, Accessibility Training for Customer Service – Reference Guide (2009)