HomeMy WebLinkAboutCSD-15-032 - Terms of Reference Updates - GRAAC Staff Report
I rTC'.�► t .R Community Services Department wmkitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: April 20, 2015
SUBMITTED BY: Mark Hildebrand, Director, Community Programs and Services
519-741-2200 ext 7687
PREPARED BY: Lolita Paroski, Inclusion Coordinator, 519-741-2200 ext 7226
WARD(S) INVOLVED: All
DATE OF REPORT: March 27, 2015
REPORT NO.: CSD-15-032
SUBJECT: GRAND RIVER ACCESSIBILITY ADVISORY COMMITTEE (GRAAC)
—AMENDED TERMS OF REFERENCE AND COMMITTEE
APPOINTMENTS
RECOMMENDATION:
That the revised Grand River Accessibility Advisory Committee terms of
reference, as attached as appendix A to report CSD-15-032, be approved; and,
That the appointment of Donna Hartzler and Rob Bender, to the Grand River
Accessibility Advisory Committee, for a 4 year term ending December 31, 2018,
be approved pending ratification by the partnering municipalities of the Region of
Waterloo, City of Waterloo, Township of North Dumfries, Township of Wellesley
and Township of Woolwich.
BACKGROUND:
Under the requirements of the Ontarians with Disabilities Act 2001 (ODA), all
municipalities with a population of 10,000 or greater are required to establish an
Accessibility Advisory Committee (AAC) to advise Council on the prevention,
identification and removal of barriers for persons with disabilities. The Grand River
Accessibility Advisory Committee (GRAAC) is a joint committee of the Cities of
Kitchener and Waterloo, the Region of Waterloo and the Townships of North Dumfries,
Wellesley and Woolwich. As a legislated AAC, GRAAC's role is to advise participating
municipalities on the identification, removal and prevention of barriers.
The GRAAC terms of reference (adopted by Council in 2003) specify that the
Committee will consist of 11 to 15 members, of which a majority must be persons with a
disability.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
The Township of Wilmot submitted a formal request to become a participating municipal
member of (GRAAC) on November 24th, 2014. Wilmot's Accessibility Advisory
Committee disbanded at the end of 2014 and two members of the committee have
subsequently submitted applications to be considered for GRAAC committee
appointments. The individuals have since been attending GRAAC's monthly meetings
as observers in order to become familiar with the role and scope of GRAAC.
The terms of reference (appendix A) have been revised to reflect the inclusion of the
Township of Wilmot as a participating municipal member. The second significant
revision is the change to the committee members' terms. Staff is recommending a
move to 4 year appointments rather than 3 years. This change will align with the terms
of Council and is consistent with other advisory committees.
Staff presented the draft terms of reference to GRAAC at their standing committee
meeting on March 26, 2015. Committee members were in support of the proposed
changes and endorsed the revised terms of reference.
GRAAC membership currently consists of 13 members, 1 of which represents a
Township. The staff selection committee reviewed and ranked the Wilmot applications
and are presenting them for Council's approval. Recommendations for committee
membership are based on the terms of reference and consider the inequitable
representation from participating municipalities and various disability groups. This will
provide the committee with a full complement of members.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Quality of Life
• GRAAC provides persons with disabilities the opportunity to discuss, define and
address their shared concerns in regards to the identification, removal and
prevention of barriers in City facilities, programs and services.
Diversity
• Consulting with persons with disabilities in an advisory role increases the
capacity of the City to ensure a greater degree of equity and inclusion in the
community and to provide increased opportunities for citizens to access services.
FINANCIAL IMPLICATIONS:
NIL
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COMMUNITY ENGAGEMENT:
Staff informed GRAAC of the Township of Wilmot's request in December 2014. The
proposed amendments to the terms of reference were presented to GRAAC on March
26, 2015 for feedback and GRAAC is in support and is excited to welcome the
Township of Wilmot as a participating municipality on GRAAC.
ACKNOWLEDGED BY: Michael May, DCAO Community Services
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Grand River Accessibility Advisory Committee
Terms of Reference
1. Name of Committee
The Committee shall be known as the Grand River Accessibility Advisory Committee or
"G RAAC".
2. Legislated Definitions
"Barrier" means anything that prevents a person with a disability from fully participating in
all aspects of society because of his or her disability, including a physical barrier, an
architectural barrier, an information or communications barrier, an attitudinal barrier, a
technological barrier, a policy or practice; ('obstacle")
"Disability" means,
(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;
("handicap")
"Participating Municipalities" means the municipalities listed in Schedule "A".
"Councils" means the elected councils of the participating municipalities.
3. Purpose of Provincial Legislation
The purpose of the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for
Ontarians with Disabilities Act, 2005 (AODA) is to improve opportunities for persons with
disabilities and to provide for their involvement in the identification, removal and
prevention of barriers to their full participation in the life of the Province.
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4. Mission Statement of the Grand River Accessibility Advisory Committee
The Grand River Accessibility Advisory Committee shall assist the participating
municipalities in fulfilling the purpose of the ODA and the AODA by providing vision and
advice in regards to the identification, prevention and removal of barriers.
5. Mandate
5.1 The authority to establish the Grand River Accessibility Advisory Committee
originated from the provisions of the ODA and will continue to exist under the
provisions of the AODA.
5.2 The Grand River Accessibility Advisory Committee shall operate in accordance
with the procedures set out in this document.
5.3 The Grand River Accessibility Advisory Committee is the advisory committee to
participating municipalities for fulfilling the purpose of the ODA and the AODA.
6. Legislated Duties and Functions
In fulfilling the purpose of the ODA and the AODA, the Grand River Accessibility Advisory
Committee shall:
6.1 Advise Councils, as required by legislation, regarding the preparation,
implementation and effectiveness of the accessibility plans of the participating
municipalities.
6.2 Advise participating municipalities on the accessibility of buildings, structures or
premises, or part of a building, structure or premises, that the municipalities lease,
purchase, construct or significantly renovate.
6.3 Review in a timely manner and advise participating municipalities on the
accessibility of site plans and drawings described in Section 41 of the Planning Act
that the Grand River Accessibility Advisory Committee selects, having regard to
the approved barrier-free best practices of the participating municipalities.
6.4 Perform other functions specified in the ODA and the AODA and their associated
regulations.
7. Other Duties
The Grand River Accessibility Advisory Committee may undertake the following duties
provided that the legislated duties and functions set out in Section 6 are being addressed
to meet statutory requirements:
7.1 Review matters provided for review from participating municipalities and respond
with advice as appropriate.
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7.2 Consult with persons with disabilities, community groups and organizations
representing persons with disabilities in order to capture and communicate
emerging issues to participating municipalities.
7.3 Refer issues, make recommendations or suggestions for action to appropriate
groups, agencies, committees and organizations in the community to address
barriers that affect persons with disabilities.
7.4 Provide advice to participating municipalities on ways to address issues for the
inclusion of persons with disabilities relating to the provision of the services
provided by the participating municipalities.
7.5 Provide advice to participating municipalities with respect to government directives
and regulations relating to the status of persons with disabilities including
regulations for the AODA.
7.6 Provide advice on existing and proposed procurement processes of the
participating municipalities with respect to the purchase of goods or services with
regard to accessibility for persons with disabilities.
7.7 Liaise with other local accessibility advisory committees including, but not limited,
to the City of Cambridge and the City of Guelph.
7.8 Provide feedback to participating municipalities regarding these terms of reference
and advise on changes if required. Changes must comply with statutory
requirements and shall require the ratification of participating municipalities.
8. Committee Size and Composition
8.1 Voting Members
The Committee will be comprised of 11-15 volunteer laypersons or agency
representatives appointed by the councils of the participating municipalities, with one vote
each, represented as follows:
• A majority of the members shall include persons with disabilities representing the
interests of citizens with varying disabilities. These Committee members shall
reflect the cross-disability nature of the definition of"disability".
• Remainder of the committee could include;
a) parents/caregivers of a person with a disability, who may also be persons
with a disability.
b) laypersons or agency representatives interested in disability issues, who
may also be persons with a disability.
Although no residency requirement is outlined under Provincial legislation, municipalities
will strive to ensure representation of members from all the participating municipalities.
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8.2 Other Participants
Council Liaisons:
Mayors of participating municipalities and the Regional Chair will serve in a non-voting ex
officio capacity. Members of Councils of the participating municipalities are invited to
attend all meetings and may liaise on issues relating to their municipality and
communicate their municipality's perspective on matters. Councillors will act in a non-
voting capacity.
Staff Advisors:
Each participating municipality will assign one Staff Advisors to attend meetings of the
Grand River Accessibility Advisory Committee to serve in an advisory/resource capacity.
Other staff may participate for specific issues. Staff Advisors will serve in a non-voting
capacity.
9. Staff Support Group
Staff Advisors shall participate on the GRAAC Staff Support Group (GSSG) and assist in
identifying issues that need review by the Grand River Accessibility Advisory Committee.
The Grand River Accessibility Advisory Committee may call upon the resources of the
Staff Advisors as needed. The Co-Chairs of the Grand River Accessibility Advisory
Committee will work in consultation with the Staff Advisors to set the agenda for each
meeting. The Staff Advisors will convey the feedback and advice of the Grand River
Accessibility Advisory Committee back to participating municipalities.
10.Selection and Qualifications of Members
GRAAC is an advisory committee of the participating municipalities. Recruitment and
selection of members is the responsibility of the participating councils. The task of
recommending members is assigned to the members of the Staff Support Group who are
responsible for carrying out a bias-free recruitment and selection process, and for
submitting the names of persons recommended for appointment to their respective
councils for approval.
Committee members are chosen for their life experience with a disability and their
knowledge of such and/or expertise in barrier-free initiatives or disability issues. Each
member of the Committee shall serve as an independent representative to the Committee
and shall give regard to the concerns of diverse disability groups.
In order to avoid potential conflict of interest, employees of participating municipalities are
not eligible to be voting members of the Committee.
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11.Term of Appointments
The term of appointment for voting members of the Grand River Accessibility Advisory
Committee shall be 4 years to a maximum of 8 continuous years.
12.Committee Procedures and Operations
12.1 Co-Chairs
Co-Chairs will be elected from among the Committee members annually at the first
meeting of the new Committee and will preside over meetings and committee business.
Co-Chairs may not chair sub-committees of the Grand River Accessibility Advisory
Committee.
12.2 Sub-Committees
As required sub-committees may be established. The Committee will approve terms of
reference for each sub-committee created and each sub-committee shall operate in
accordance with its terms of reference. Sub-committees may draw upon members from
the Grand River Accessibility Advisory Committee but and may also include individuals
who are not members. This may include, from time to time, individuals or organizations
with a particular area of expertise. Staff Advisors and Council Liaisons shall not be voting
members of sub-committees. Their role is to serve in an advisory/resource capacity and
provide input on matters that relate to their respective municipalities.
12.3 Minutes and Agendas
The GRAAC staff support group will assign an Administrative Support Person to serve the
Grand River Accessibility Advisory Committee. Minutes will be taken and distributed by
the Administrative Support Person. Agendas will be assembled and distributed by the
Administrative Support Person in consultation with the Co-Chairs. Agendas and minutes
will be distributed electronically or in an alternate format upon request no less than one (1)
week prior to the meeting and will be sent to all members of the Grand River Accessibility
Advisory Committee, the GRAAC staff support group and Council Liaisons.
Minutes of meetings will be managed in accordance with municipal records management
practices. Minutes and agendas will be made available in alternate format upon request.
Approved minutes may be posted on the GRAAC website. The participating municipality
that provides administrative support to GRAAC shall be the keeper of the original agendas
and minutes.
12.4 Meetings
Members of the Grand River Accessibility Advisory Committee will determine a schedule
of dates, times and location of meetings. The Committee will meet no less than four (4)
times each year. Meetings will be open to the public except if the subject matter being
considered is within a category defined in Section 239 (2), (3) or (3.1) of the Municipal Act
#1825101 GRAAC Terms of Reference REVISED 2015 _
2001 as amended, in which case the meeting may be closed. When a matter is
considered in a closed meeting, members shall maintain confidentiality of the subject
matter.
12.5 Quorum and Voting
A quorum shall consist of a majority of the Voting Members appointed to the Committee.
Members will work toward a consensus model for decision making, if this is not possible a
simple majority vote will be held.
In the event of a majority vote all voting members who are present have the right to vote
in favour of the motion, in opposition of the motion or to abstain from voting. In the
instance of a tie, the Co-chair chairing the meeting will break the tie. The Co-chair may
vote on any motion.
12.6 Delegations
Delegations are welcome to attend meetings of the Grand River Accessibility Advisory
Committee for issues that fall within the guidelines of these terms of reference.
Delegations may address the Committee for five minutes and the Committee may grant
an additional five minutes. Delegations will be approved by the Co-Chairs and a
delegation guide will be completed for each delegation. A copy of the delegation guide is
attached as Schedule "B".
12.7 Reporting and Communication
The Committee will provide advice and feedback to participating municipalities through
the GRAAC staff support group. The Co-Chairs or other approved member of the
Committee will be the official spokesperson to the media and the public.
12.8 Conflict of Interest
Voting members will be subject to the Conflict of Interest Policy attached as Schedule "C"
to these terms of reference. All Voting Members, Staff Advisors and Council Liaisons
shall abide by the policy. Persons in violation of the policy may be asked to refrain from
active participation with the Committee at the discretion of the participating municipalities.
12.9 Absences
If a Committee member is absent for three consecutive meetings without notice or
justifiable reason, their membership will be reviewed by the GRAAC Staff Support Group.
13.Remuneration
Committee members shall serve without remuneration. Expenses related to the
accommodation of Voting Members who are persons with disabilities and which are
necessary to facilitate a Voting Member's participation in the activities of the Grand River
Accessibility Advisory Committee shall be compensated in accordance with the
Accommodation Policy attached as Schedule "D" to these terms of reference.
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14.Dissolution of the Committee
Formal dissolution of the Committee will require a resolution from the Councils of the
participating municipalities. Dissolution of the Committee may be triggered by one of the
following:
• Expiration of term
• Completion of task or mandate
• Resolution of issues
• Legislative requirement no longer exists
• Merger with another committee
• Following the annual review process
• Recommendation by the Grand River Accessibility Advisory Committee, or staff or
Council advisors of the participating municipalities.
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GRAAC Terms of Reference
Schedule "A"
Participating Municipalities
The participating municipalities are the municipalities of:
• City of Kitchener
• City of Waterloo
• Township of North Dumfries
• Township of Wellesley
• Township of Wilmot
• Township of Woolwich
• Regional Municipality of Waterloo
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GRAAC Terms of Reference
Schedule "B"
Delegation Guide
As a citizens' advisory committee to councils, GRAAC welcomes delegations who are
individuals or groups who wish to make a presentation on municipal issues that affect
people with disabilities. You must register to be a delegation, and fill out the following
guide. Please read it carefully, and respond to the following questions. Attach additional
information if required. Write "n/a" if a question does not apply to you.
1. Who is the person or who are the people who comprise this delegation?
2. What is the purpose of this delegation?
3. Waterloo Region has a two-tier system of local government. Does this concern
regional services (upper tier) or those of the cities or townships (lower tier)? Please
specify the issue (i.e., transportation, recreation, etc.).
4. Have you approached staff of your municipality or region first for help and advice
with the issue? If so, please advise us of their response.
5. Have you approached your local or regional Council, or any of its members? If so,
what has been the response? For questions 4 and 5, please attach copies of
correspondence, whether electronic or hard copy.
6. Does the issue involved fit the mandate of another advisory or regulatory
committee? Staff will be able to advise you on this. If so, has it been approached
fi rst?
7. What is your goal? Given the Terms of Reference under which GRAAC is set up
and which constitutes its mandate, what does the delegation propose to achieve by
presenting to GRAAC? Staff will be able to assist you with understanding Terms of
Reference for the committee. GRAAC is set up as an advisory body to councils.
8. Contact information (optional)
PLEASE NOTE: The Committee cannot make independent decisions; it can only make
recommendations to council. GRAAC may not necessarily make any recommendation or
take any action on the day of presentation. Any written material you wish to present must
be received at least two weeks prior to meeting date to accommodate special needs. No
documentation will be accepted for circulation at the meeting. Your presentation is
limited to five (5) minutes, and you will be timed by the chairperson, who will stop you if
you exceed your allotted time. Please speak clearly to facilitate the ASL interpreter. You
consent to giving us personal information for the purposes of appearing as a delegation.
Thank you for your interest.
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GRAAC Terms of Reference
Schedule "C"
Conflict of Interest Policy
Operating Principles:
Members of the Grand River Accessibility Advisory Committee (GRAAC) have a duty to
conduct themselves in an impartial and objective manner. While the municipalities value
the participation of citizens on GRAAC, it is recognized that appointees have a broad
range of interests and, from time to time, actual or potential conflicts of interest or the
appearance of such conflicts may arise. The purpose of this policy is to enable the
Committee to deal with such conflicts in as open and appropriate a way as possible.
It is understood that members of the GRAAC will perform their duties in such a way as to
promote public confidence and trust in the integrity, objectivity and impartiality of the
Committee. No member shall directly or indirectly receive any profit from his/her position,
provided that reasonable expenses may be paid in the performance of their duties.
Definitions
"Affected Party" means any individual, partnership, corporation, organization or other legal
entity which has an interest in property, objects or other assets which are the subject
matter of consideration by the Committee; "Business associate" means an individual in a
formal partnership or in a shared ownership of a company or enterprise with a Member;
"Participating Municipalities" means, the municipalities listed in Schedule "A" of the Terms
of Reference.
"Committee" is the Grand River Accessibility Advisory Committee as established by the
participating municipalities;
"Immediate family" means a parent, child, spouse or common- law spouse of a Member;
"Member" is an individual formally appointed to the Committee by the councils of the
participating municipalities, but does not include any elected member of Municipal Council
or a member of municipal staff.
Conflicts
Conflicts of interest arise when Members may financially benefit, directly or indirectly, from
their membership on a Committee. Such involvements include, but are not limited to, the
following:
• Members being the Affected Party or employed by or doing business with the
Affected Party
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• Members' immediate family being the Affected Party or employed by or doing
business with the Affected Party
• Members' business associates being the Affected Party or employed by or doing
business with the Affected Party
• A conflict of interest may be actual, potential or apparent. The same duty to
disclose applies to each. The pecuniary interests of a Member's immediate family
or business associate are considered to also be the pecuniary interests of the
Member. Full disclosure in itself does not remove a conflict of interest.
Principles and procedures
It is important that Members be sensitive to appearance and perception and err on the
side of transparency. In case of conflicts, whether actual, potential or apparent, Members
are expected to fully disclose the conflict as soon as it arises and before the Committee
makes any decisions in the matter where the conflict exists.
Once such a disclosure has been made, the Member involved shall abstain from voting
and shall not participate in the discussion of the matter which gave rise to the conflict. The
affected Member must not in any way, whether before during or after the meeting, attempt
to influence the outcome of any discussion or voting on the matter. If the meeting at which
the matter is discussed is not open to the public, in addition to the above, the Member
must leave the meeting room for the duration of any discussion and voting on the matter.
In cases where one or more of the Committee's Members has abstained from voting as a
result of conflict, such Members shall be identified in the minutes of the meeting.
Individual Members are encouraged to seek independent advice on conflicts or potential
conflicts.
Quorum
Where the number of Members who, by reason of conflict, are disallowed from
participating in a meeting such that the remaining Members no longer constitute a quorum
as set out in the Committee's Terms of Reference, then remaining Members shall be
deemed to constitute a quorum provided there are not less than two Members present.
Solicitation
No Member may in any way, either overtly or otherwise, use the fact of their membership
on the Committee to solicit business for their own benefit or the benefit of their immediate
family or business associates.
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Removal of Members
If the Councils of the participating municipalities determine, at their discretion, that a
Member has failed to fulfill their obligations pursuant to this policy, the Councils may
remove the Member from the Committee. No notice is required, nor any hearing of the
matter, prior to the Councils making the decision to remove the Member.
Acceptance of Policy
Each Member will receive a copy of this policy. Members will be asked to sign an
acknowledgement stating that they have received, read and accepted the policy in its
entirety and that they agree to be bound by its terms.
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GRAAC Terms of Reference
Schedule "D"
Accommodation Policy
Background
As per the Terms of Reference, GRAAC Voting Members shall serve without
remuneration. Expenses related to the accommodation of persons with disabilities in order
to participate in GRAAC meetings shall be compensated.
Accommodation means providing the necessary supports for a person with a disability to
fully participate, which is sensitive to their individual circumstances. Additionally,
accommodation means it is the responsibility of those providing service to accommodate
the needs of persons with disabilities so as to ensure they are treated equally. Treating
people equally does not always mean treating people "the same". In some instances,
"equal treatment" for persons with disabilities may require different treatment— e.g.
provision of meeting materials in alternate formats to remove a communication barrier, or
providing attendant care to enable the physical presence of someone at a meeting or
providing bus tickets or mileage reimbursement to remove a financial barrier due to a
disability to meeting attendance/participation. These are all examples of accommodating
persons with disabilities in order to remove barriers to their participation.
A key element to be considered in accommodation is that the needs of persons with
disabilities must be accommodated, whenever possible, in such a way that the privacy,
comfort, autonomy and dignity of the person are respected.
(adapted from the Ontario Human Rights Code)
Policy Statement of Accommodation for Voting Members with Disabilities
Members of the Grand River Accessibility Advisory Committee serve without
remuneration. Members who are persons with disabilities will be accommodated with the
resources that are deemed necessary for them to fully participate in the Committee (e.g.
American Sign Language (ASL) interpretation services, Braille translation services,
transportation, attendant services, etc)
Process for Requesting Accommodation under the Accommodation Policy
Voting Members requesting accommodation and provision of support to participate may
disclose to any Staff Advisor of the need to be accommodated in order to fully participate
in the Committee.
In order to remove transportation barriers, Voting Members requesting this particular
accommodation will be asked to complete a form which will be provided by staff and
submitted bi-annually for approval and reimbursement at the pre-approved rate. Voting
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Members may submit by July 15 of each year for the January to June period and by Dec
15 for the July to December period.
For all other accommodations (provision of ASL, Braille, etc), Voting Members are
encouraged to approach staff to identify their accommodation needs.
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