HomeMy WebLinkAboutCLD-013-08
ClMil]glDn
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, April 14, 2008 ~e.-'SOlu-+1D()# ~ PA- ;t7/-0 8
Report #: CLD-013-08
File #:
By-law #:
Subject: ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT-
ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE (ONTARIO
REGULATION 429/07)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-013-08 be received for information.
Submitted by:
O~~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-013-08
Page 2
1.0 BACKGROUND AND COMMENT
The Accessibility for Ontarians with Disabilities Act (AODA) was passed in 2005. The
purpose of the legislation is to develop, implement and enforce accessibility standards
in order to achieve province-wide accessibility by 2025 and to involve persons with
disabilities in the development of those standards. The AODA applies to municipalities,
all of the public sector and all of the private sector. Under the legislation, five Standards
Development Committees have been charged with preparing regulations addressing the
following areas:
}- Customer Service
}- Transportation
}- Accessible Information and Communications
}- Accessible Built Environment
}- Employment Accessibility
2.0 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
The Accessibility Standards for Customer Service (Regulation 429/07) is the first to be
passed and came into effect January 1, 2008. Municipalities and other designated
public sector organizations must comply with the regulation by January 1,2010. Other
providers of goods or services (including the private sector) must comply by January 1,
2012. The Regulation applies to the provision of goods and services to the public, but
does not apply to services provided internally within an organization. Goods
themselves are not covered; the manner in which they are provided is covered. Any
contractors providing services on behalf of the municipality must also comply with the
Regulation.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-013-08
Page 3
The main areas covered by the Regulation are:
)> Development of policies, practices, procedures
)> Service animals and support persons
)> Training of employees
)> Provision of notice of disruption
)> Establishment of a system for feedback
)> Reporting requirements
2.1 Policies, Practices and Procedures
The legislation requires municipalities to establish policies, procedures and practices
governing the provision of goods or services to persons with disabilities. We must
ensure that these policies, practices and procedures are consistent with the core
principles of dignity, independence, integration and equality of opportunity. The policies
must deal with assistive devices such as communication aids, cognition aids, personal
mobility aids and medical aids. We must allow customers to use their own assistive
devices and identify situations where they are not allowed. We must communicate in a
manner that takes into account the person's disability and must prepare documents
describing our policies, practices and procedures.
2.2 Service Animals and Support Persons
Service providers who operate out of premises to which the public has access must
ensure entry by a person with a disability accompanied by a guide dog or other service
animal and must permit the person to keep the animal with him or her. As well, a
support person accompanying a person with a disability must be permitted access to
public areas. Free access is not required for the support person, but there must be
notice of any fee charged. Should a significant risk to the person with a disability, ie, a
risk that is greater to any other customer, be present, the municipality can mandate that
a support person must be present.
REPORT NO.:CLD-013-08
Page 4
2.3 Training of Employees
The legislation requires that every person who participates in developing policies,
practices, or procedures and every person who deals with the public or third parties on
behalf of the municipality be trained on the purposes of the legislation and the
requirements of the customer service standard. The training must cover:
>- Interacting and communicating with people with disabilities including different
ways that people with disabilities may communicate
>- Various assistive devices that may be used
>- Appropriate ways of communicating with people with disabilities
>- Instruction on interacting with people who use assistive devices, service animals,
support persons
>- Instruction on how to use assistive devices available on the premises
>- What to do if a person with a disability is having difficulty accessing services
Municipalities must keep records of the training provided, including the dates when the
training is provided and the number of individuals to whom it is provided.
2.4 Service Interruption
Municipalities must give notice of temporary disruptions to services or facilities used by
persons with disabilities. This notice must include the reasons for the disruption and
must be posted in a conspicuous manner.
2.5 Feedback
Municipalities must establish a process for receiving and responding to feedback about
the manner in which they provide goods and/or services to persons with disabilities.
This process must allow feedback in person, by telephone, in writing, or electronically.
Information about the feedback process must be made available to the public.
REPORT NO.:CLD-013-08
Page 5
2.6 Reporting Requirements
The Customer Service Standard requires municipalities to prepare documents
describing the policies, practices and procedures they have put in place to comply with
the standard. The documents must be provided to the public on request and must be
provided in a format that takes the person's disability into account.
3.0 IMPLEMENTATION
The Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO)
have developed a "toolkit" and training package. Staff will be taking advantage of these
tools in order to ensure compliance with the legislation. As well, staff from the Clerk's
Departments of the Township of Brock, the Township of Uxbridge, the Township of
Scugog, the Region of Durham and the Municipality of Clarington are working together
in developing the programs required. As we work through the requirements of the
standard, we will also be seeking input from the Accessibility Advisory Committee.
4.0 CONCLUSION
This report has been prepared for information purposes only. As staff continue to work
through the processes required by the regulation, further status reports will be
presented to Council.
Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07
FI'll1r;ais
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Attachment No. 1 to
Report CLD-013-0a
Accessibility for Ontarians with Disabilities Act, 2005
ONTARIO REGULATION 429/07
ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
Consolidation Period: From January 1,2008 to the e-Laws currency datt::.
No amendments.
This is the English version of a bilingual regulation.
SKU' TABLE OF CQNLEJ'!:fS
CONTENTS
Purpose and application
Effective dates
Establishment of policies, practices and procedures
Use of service animals and support persons
Notice of temporary disruptions
Training for staff, etc.
Feedback process for providers of goods or services
Notice of availability of documents
Format of documents
Boards, commissions, authorities and agencies
Broader public sector
l.
2.
:1.
4.
5.
6.
7.
8.
9.
S."b""ule 1
S~b.~QJJJe 2
Purpose and application
I.n OJ This Regulation establishes accessibility standards for customer service and it
applies to every designated public sector organization and to every other person or organization
that provides goods or services to members of the public or other third parties and that has at
least one employee in Ontario. O. Reg. 429/07, s. I (1).
(2) In this Regulation,
"designated public sector organization" means the Legislative Assembly and the offices of
persons appointed on the address of the Assembly, every ministry of the Government of
Ontario, every municipality and every person or organization listed in Schedule 1 or
described in Schedule 2 to this Regulation; ("organisation designee du secteur public")
"provider of goods or services" means a person or organization to whom this Regulation
applies. ("fournisseur de biens ou de services") O. Reg. 429/07, s. 1 (2).
Effective dates
;l. The accessibility standards for customer service apply to the designated public sector
organizations on and after January 1,2010 and to other providers of goods or services on and
after January 1,2012. O. Reg. 429/07, s. 2.
Establishment of policies, practices and procedures
3.( 1) Every provider of goods or services shall establish policies, practices and
procedures governing the provision of its goods or services to persons with disabilities. O. Reg.
429/07, s. 3 (I).
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(2) The provider shall use reasonable efforts to ensure that its policies, practices and
procedures are consistent with the following principles:
1. The goods or services must be provided in a manner that respects the dignity and
independence of persons with disabilities.
2. The provision of goods or services to persons with disabilities and others must be
integrated unless an alternate measure is necessary, whether temporarily or on a
permanent basis, to enable a person with a disability to obtain, use or benefit from the
goods or services.
3. Persons with disabilities must be given an opportunity equal to that given to others to
obtain, use and benefit from the goods or services. O. Reg. 429/07, s. 3 (2).
(3) Without limiting subsections (1) and (2), the policies must deal with the use of
assistive devices by persons with disabilities to obtain, use or benefit from the provider's goods
or services or the availability, if any, of other measures which enable them to do so. O. Reg.
429/07, s. 3 (3).
(4) When communicating with a person with a disability, a provider shall do so in a
manner that takes into account the person's disability. O. Reg. 429/07, s. 3 (4).
(5) Every designated public sector organization and every other provider of goods or
services that has at least 20 employees in Ontario shall prepare one or more documents
describing its policies, practices and procedures and, upon request, shall give a copy of a
document to any person. O. Reg. 429/07, s. 3 (5).
Use of service animals and support persons
4.{D This section applies if goods or services are provided to members of the public or
other third parties at premises owned or operated by the provider of the goods or services and if
the public or third parties have access to the premises. O. Reg. 429/07, s. 4 (1).
(2) If a person with a disability is accompanied by a guide dog or other service animal, the
provider of goods or services shall ensure that the person is permitted to enter the premises with
the animal and to keep the animal with him or her unless the animal is otherwise excluded by
law from the premises. O. Reg. 429/07, s. 4 (2).
(3) If a service animal is excluded by law from the premises, the provider of goods or
services shall ensure that other measures are available to enable the person with a disability to
obtain, use or benefit from the provider's goods or services. O. Reg. 429/07, s. 4 (3).
(4) If a person with a disability is accompanied by a support person, the provider of goods
or services shall ensure that both persons are permitted to enter the premises together and that
the person with a disability is not prevented from having access to the support person while on
the premises. O. Reg. 429/07, s. 4 (4).
(5) The provider of goods or services may require a person with a disability to be
accompanied by a support person when on the premises, but only if a support person is
necessary to protect the health or safety of the person with a disability or the health or safety of
others on the premises. O. Reg. 429/07, s. 4 (5).
(6) If an amount is payable by a person for admission to the premises or in connection
with a person's presence at the premises, the provider of goods or services shall ensure that
notice is given in advance about the amount, if any, payable in respect of the support person.
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O. Reg. 429/07, s. 4 (6).
(7) Every designated public sector organization and every other provider of goods or
services that has at least 20 employees in Ontario shall prepare one or more documents
describing its policies, practices and procedures with respect to the matters governed by this
section and, upon request, shall give a copy ofa document to any person. O. Reg. 429/07, s. 4
(7).
(8) In this section,
"guide dog" means a guide dog as defined in section I of the Blind Persons Rights' Act;
("chien-guide")
"service animal" means an animal described in subsection (9); ("animal d'assistance")
"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. ("personne de soutien") O. Reg.
429/07, s. 4 (8).
(9) For the purposes of this section, 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. O. Reg. 429/07, s. 4 (9).
Notice of temporary disruptions
5. (I) If, in order to obtain, use or benefit from a provider's goods or services, persons
with disabilities usually use particular facilities or services of the provider and ifthere is a
temporary disruption in those facilities or services in whole or in part, the provider shall give
notice of the disruption to the public. O. Reg. 429/07, s. 5 (I).
(2) Notice of the disruption must include information about the reason for the disruption,
its anticipated duration and a description of alternative facilities or services, if any, that are
available. O. Reg. 429/07, s. 5 (2).
(3) Notice may be given by posting the information at a conspicuous place on premises
owned or operated by the provider of goods or services, by posting it on the provider's website,
ifany, or by such other method as is reasonable in the circumstances. O. Reg. 429/07, s. 5 (3).
(4) 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 that sets out the steps
to be taken in connection with a temporary disruption and, upon request, shall give a copy of the
document to any person. O. Reg. 429/07, s. 5 (4).
Training for staff, etc.
6__(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:
I. 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.
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2. 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. O. Reg. 429/07, s. 6 (1).
(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:
1. How to interact and communicate with persons with various types of disability.
2. 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.
3. 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.
4. What to do if a person with a particular type of disability is having difficulty accessing
the provider's goods or services. O. Reg. 429/07, s. 6 (2).
(3) The training must be provided to each person as soon as practicable after he or she is
assigned the applicable duties. O. Reg. 429/07, s. 6 (3).
(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. O. Reg. 429/07, s. 6 (4).
(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. O. Reg. 429/07, s. 6 (5).
(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. O. Reg. 429/07, s. 6 (6).
Feedback process for providers of goods or services
7. (I) Every provider of goods or services shall establish a process for receiving and
responding to feedback about the manner in which it provides goods or services to persons with
disabilities and shall make information about the process readily available to the public. O. Reg.
429/07, s. 7 (1).
(2) The feedback process must permit persons to provide their feedback in person, by
telephone, in writing, or by delivering an electronic text by email or on diskette or otherwise.
O. Reg. 429/07, s. 7 (2).
(3) The feedback process must specifY the actions that the provider of goods or services is
required to take if a complaint is received. O. Reg. 429/07, s. 7 (3).
(4) 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
feedback process and, upon request, shall give a copy of the document to any person. O. Reg.
429/07, s. 7 (4).
Notice of availability of documents
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8. (1) Every designated public sector organization and every other provider of goods or
services that has at least 20 employees in Ontario shall noti/y persons to whom it provides goods
or services that the documents required by this Regulation are available upon request. O. Reg.
429/07, s. 8 (I).
(2) The notice may be given by posting the information at a conspicuous place on
premises owned or operated by the provider, by posting it on the provider's website, ifany, or
by such other method as is reasonable in the circumstances. O. Reg. 429/07, s. 8 (2).
Format of documents
9. (I) If a provider of goods or services is required by this Regulation to give a copy of a
document to a person with a disability, the provider shall give the person the document, or the
information contained in the document, in a format that takes into account the person's
disability. O. Reg. 429/07, s. 9 (I).
(2) The provider of goods or services and the person with a disability may agree upon the
format to be used for the document or information. O. Reg. 429/07, s. 9 (2).
1Q. Omitted (provides for coming into force of provisions of this Regulation). O. Reg.
429/07, s. 10.
SCHEDULE I
BOARDS, COMMISSIONS, AUTHORITIES AND AGENCIES
I. Agriculture, Food and Rural Affairs Appeal Tribunal.
2. Agricorp.
3. Alcohol and Gaming Commission of Ontario.
4. Algonquin Forestry Authority.
5. Assessment Review Board.
6. Board of negotiation continued under subsection 27 (I) of the Expropriations Act.
7. Cancer Care Ontario.
8. The Centennial Centre of Science and Technology.
9. Child and Family Services Review Board.
10. College Compensation and Appointments Council.
II. Each community care access corporation as defined in section I of the Community
Care Access Corporations Act, 2001.
12. Consent and Capacity Board.
13. Conservation Review Board.
14. Criminal Injuries Compensation Board.
15. Crown Employees Grievance Settlement Board.
16. Custody Review Board.
17. Deposit Insurance Corporation of Ontario.
18. Echo: Improving Women's Health in Ontario.
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19. Education Quality and Accountability Office.
20. Environmental Review Tribunal.
21. Financial Services Commission of Ontario.
22. Financial Services Tribunal.
23. Fire Marshal's Public Fire Safety Council.
24. Fire Safety Commission.
25. Greater Toronto Transit Authority.
26. Greater Toronto Transportation Authority.
27. Health Professions Appeal and Review Board.
28. Health Professions Regulatory Advisory Council.
29. Health Services Appeal and Review Board.
30. Human Rights Tribunal of Ontario.
31. Landlord and Tenant Board.
32. Legal Aid Ontario.
33. Licence Appeal Tribunal.
34. Liquor Control Board of Ontario.
35. Each local health integration network as defined under section 2 of the Local Health
System Integration Act, 2006.
36. McMichael Canadian Art Collection.
37. Metropolitan Toronto Convention Centre Corporation.
38. Niagara Escarpment Commission.
39. Niagara Parks Commission.
40. Normal Farm Practices Protection Board.
41. Office of the Employer Adviser.
42. Office of the Worker Adviser.
43. Ontario Civilian Commission on Police Services.
44. Ontario Clean Water Agency.
45. Ontario Educational Communications Authority.
46. Ontario Electricity Financial Corporation.
47. Ontario Energy Board.
48. Ontario Farm Products Marketing Commission.
49. Ontario Film Review Board.
50. Ontario Financing Authority.
51. Ontario Food Terminal Board.
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52. Ontario French-language Educational Communications Authority.
53. Ontario Health Quality Council.
54. Ontario Heritage Trust.
55. Ontario Highway Transportation Board.
56. Ontario Human Rights Commission.
57. Ontario Infrastructure Project Corporation.
58. Ontario Labour Relations Board.
59. Ontario Lottery and Gaming Corporation.
60. Ontario Media Development Corporation.
61. Ontario Mental Health Foundation.
62. Ontario Municipal Board.
63. Ontario Northland Transportation Commission.
64. Ontario Parole and Earned Release Board.
65. Ontario Pension Board.
66. Ontario Place Corporation.
67. Ontario Police Arbitration Commission.
68. Ontario Racing Commission.
69. Ontario Realty Corporation.
70. Ontario Review Board.
71. Ontario Securities Commission.
72. Ontario Special Education Tribunal (English).
73. Ontario Special Education Tribunal (French).
74. Ontario Tourism Marketing Partnership Corporation.
75. Ontario Trillium Foundation.
76. Ottawa Congress Centre.
77. Owen Sound Transportation Company.
78. Pay Equity Hearings Tribunal.
79. Pay Equity Office.
80. Province of Ontario Council for the Arts.
81. Public Service Grievance Board.
82. Royal Ontario Museum.
83. St. Lawrence Parks Commission.
84. Science North.
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85. Smart Systems for Health Agency.
86. Social Assistance Review Board.
87. Social Benefits Tribunal.
88. Soldiers' Aid Commission.
89. Trillium Gift of Life Network.
90. Walkerton Clean Water Centre.
91. Workplace Safety and Insurance Appeals Tribunal.
92. Workplace Safety and Insurance Board.
O. Reg. 429/07, Sched. 1.
SCBEPUlE2
BROADER PUBLIC SECTOR
1. Every district school board as defined in section 1 of the Education Act.
2. Every hospital as defined in section 1 of the Public Hospitals Act.
3. Every college of applied arts and technology established under the Ontario Colleges of
Applied Arts and Technology Act, 2002.
4. Every university in Ontario, including its affiliated and federated colleges, that receives
operating grants from the Government of Ontario.
5. Every public transportation organization in Ontario, including any municipally
operated transportation services for persons with disabilities, that provides services
for which a fare is charged for transporting the public by vehicles that are operated,
i. by, for or on behalf of the Government of Ontario, a municipality, a local board of
a municipality or a transit or transportation commission or authority,
ii. under an agreement between the Government of Ontario and a person, firm,
corporation, or transit or transportation commission or authority, or
iii. under an agreement between a municipality and a person, firm, corporation or
transit or transportation commission or authority.
O. Reg. 429/07, Sched. 2.
Fran9ais
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