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HomeMy WebLinkAboutCSD-10-063 - Municipal Response to the Province of Ont Proposed Integrated Accessibility StandardREPORT REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: September 27, 2010 SUBMITTED BY: Mark Hildebrand, Director, Community Programs and Services (ext. 2687) PREPARED BY: Pamela Albrecht, Inclusion Coordinator (ext. 2226) WARD(S) INVOLVED: All DATE OF REPORT: September 21, 2010 REPORT NO.: CSD-10-063 SUBJECT: Municipal Response to the Province of Ontario's Proposed Integrated Accessibility Standard RECOMMENDATION: That the summary of response to the Government of Ontario's Proposed Integrated be endorsed; and further, Accessibility Regulation That staff be directed to submit a formal written response to the province by its deadline of October 16, 2010. BACKGROUND: The Government of Ontario has drafted and circulated for public review its Proposed Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act (AODA). This new integrated regulation harmonizes the former proposed Information and Communication Standard, Employment Standard and Transportation Standard. These three standards have been brought together in one regulation in order to align the phase-in requirements and reduce the regulatory burden for obligated organizations. The AODA will also address barriers in the Built Environment; however these issues will be addressed in a forthcoming standard. In addition to the three barrier areas, the Proposed Integrated Accessibility Regulation also includes an implementation timeframe and information about compliance and enforcement. The Province of Ontario is asking for a written response by its deadline of October 16, 2010. This is an important standard as it aims to remove and prevent barriers that limit the participation of Ontarians with a disability. Improving the accessibility of our communities is not only the right thing to do, but additionally makes good sense economically and socially. It is estimated that in twenty years, 20 per cent of the people living in Ontario will have a disability. This standard aims to remove barriers now and in the future so people with disabilities can participate fully in society. Summary of Proposed Standard The proposed legislation identifies five categories of organizations. The City of Kitchener falls into the category of broader public organizations with 50+ employees. As such, the various í ó ï accessibility requirements have specified deadlines for compliance over the next 10 years. It is important to note that the Transportation requirements do not apply to the City of Kitchener, as the Corporation does not operate transportation services within the scope of the standard at this time. The deadlines for compliance and their requirements are as follows: By the end of 2012 Provide prepared emergency and public safety information in an accessible format upon request. The information will need to be provided in a manner that takes into account the person's disability. Develop and deliver individualized workplace emergency information to employees with disabilities. By the end of 2013 Establish, maintain and implement policies that describe how the organization will meet the requirements of the accessibility standards. Information on policies must be made available to the public. Consider accessibility features when procuring new self service kiosks. By the end of 2014 Train all employees, volunteers and persons who provide services on behalf of the organization on the requirements of the accessibility standards. Maintain or create accessible processes for receiving and responding to public feedback. All new internet websites and web content on those sites must conform with WCAG 2.0 level A. Inform all applicants for employment about the accommodations available to them throughout the recruitment process. Maintain or create a documented procedure for return to work of employees absent from work due to injury or illness. Provide information to all employees on how the organization supports employees with disabilities in the workplace. Maintain or create a process to develop individualized workplace accommodation plans. The process must include, but not be limited to, involving the employee in the process, ensuring that all information is provided in an accessible manner, and stating the frequency with which the plan will be reviewed. Maintain or create practices and procedures that ensure accommodation needs are met throughout the employment life cycle. This includes, but is not limited to, performance management, providing career development and advancement information and using redeployment procedures. By the end of 2015 Inform the public that information is available in accessible formats upon request. If a person requires an alternate format, it must provide at a cost that is no more than the regular cost charged to other persons. By 2021 All existing internet websites and web content conforms with WCAG 2.0 level AA. In addition to accessibility requirements and their implementation deadlines, the proposed standard outlines two elements that will be a part of the AODA's inspection and enforcement system. The first is the Administrative Monetary Penalties Scheme; the second is the í ó î designation of a Tribunal. An individual may be fined up to $2,000 while a corporation may face fines of up to $15,000. Both the person’s or organization’s compliance history and the impact of the violation on persons with disabilities will be assessed when determining the amount of the fine. The Province of Ontario's Licence Appeal Tribunal (LAT) will handle appeals related to the AODA. REPORT: In preparing a response to the Province's proposed standard, input was received from staff in Purchasing, Human Resources, the Corporate Contact Centre, Emergency Preparedness, Fire, Communications and Marketing, Information Technology, Legal Services and Community Programs and Services. Staff discussed clarity of requirements, feasibility of timelines and potential resource implications. The following is a summary of the response that incorporates internal feedback received regarding the proposed legislation. Should council endorse the content contained within the summary, staff will submit a response directly to the Province. Summary of City of Kitchener's Response to the Initial Proposed Integrated Accessibility Standard The City of Kitchener wholeheartedly supports the proposed standard’s aim to remove and prevent barriers that limit the participation of Ontarians with a disability. The timelines laid out in the proposed standard are reasonable and achievable. Work that has already been done to comply with the Accessible Customer Service Regulation is an excellent foundation on which to build the accessible programs, services, policies and practices outlined in the proposed standard. In order to ensure that the City of Kitchener provides the best possible service to citizens with disabilities and meets the requirements of the standard, it would be helpful to have a number of resources in place to assist with compliance. 1. The requirement to provide training to “persons who provide services on behalf of an organization” is unclear. Further information and the provision of examples would assist organizations to comply with this requirement. 2. Further definition of what constitutes an accessible format or communication support would provide the organization with the tools needed to appropriately serve citizens with disabilities. Resources outlining technically viable formats that people with disabilities find useful would allow organizations to offer as many choices as possible to citizens. 3. In addition to information produced in house, the City of Kitchener distributes information to the public that it procures from third parties, for example, information on fire safety. While the Corporation would want to ensure that all citizens have access to this information, it would be helpful to clarify whose responsibility it is to provide alternate formats, the producer or the distributor. 4. In order to ensure that employees with disabilities receive the support they need, organizations would benefit from resources on providing effective workplace accommodations. Resources could include, but would not necessarily be limited to, promising practices, availability of adaptive technology, agencies that provide further assessment and recommendations. 5. The City of Kitchener is committed to making every effort to provide disability-related accommodations to an employee. However, it is recognized that in some cases, bona fide occupational requirements will apply. In an effort to reduce confusion and remain consistent with other legislation governing workplace accommodations, it would be helpful to include a í ó í reference to bona fide occupational requirements and how these requirements may over ride the requirement to accommodate. FINANCIAL IMPLICATIONS: At which time the proposed standard is finalized, staff will develop a detailed financial impact study for the implementation of the standard. COMMUNICATIONS: Additionally, the Grand River Accessibility Advisory Committee will review the proposed Integrated Accessibility Standard at its September 23, 2010 meeting. ACKNOWLEDGED BY: Pauline Houston, General Manager Community Services í ó ì