HomeMy WebLinkAboutCSD-17-005 - Grand River Accessibility Advisory Committee Appointments
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: January 9, 2017
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: December 2nd, 2016
REPORT NO.: CSD-17-005
SUBJECT:Grand River Accessibility Advisory Committee – Committee
member appointments and Terms of Reference Update (2017)
__________________________________________________________________________
RECOMMENDATION:
That the revised Grand River Accessibility Advisory Committee Terms of
Reference, as attached to report CSD-17-005, be approved and;
That the following applicants be appointed to the Grand River Accessibility
Advisory Committee for a 4-year term ending December 31, 2020, pending
ratification by the partnering municipalities of the City of Waterloo, Region of
Waterloo, Township of North Dumfries, Township of Wellesley, Township of
Wilmot and Township of Woolwich.
Name Location New or Reappointment
Jason Angel City of Waterloo New
Jolene MacDonald Township of Wellesley New
Keri Cameron City of Kitchener Reappointment
Greg Moore City of Kitchener Reappointment
Staff Representation Canadian Hearing SocietyReappointment
Staff Representation Carizon Family and Reappointment
Community Service
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 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
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Region of Waterloo and the Townships of North Dumfries, Wellesley, Wilmot and
Woolwich and is appointed the task of advising the participating municipalities on
accessibility planning.
The GRAAC Terms of Reference specify that the Committee will consist of 11 to 15
members of which a majority must be persons with a disability. Recruitment for GRAAC
is conducted in the fall with members beginning their 4 year term in January.
REPORT:
The GRAAC Terms of Reference were adopted by Council in 2003. Revisions were
subsequently approved by Council in March 2015 to include the Township of Wilmot as
a participating municipality.
The draft Terms of Reference have been revised in response to legislative changes and
to provide clarity on committee member roles. The revisions were drafted
collaboratively with all municipal staff and were presented to GRAAC at the November
th
24, 2016 standing meeting.
The legislative updates in the draft Terms of Reference include the removal of reference
to the Ontarians with Disabilities Act (ODA) 2001, as they relate to the establishment
and mandate of municipal accessibility advisory committees. The ODA was repealed
by the Province of Ontario in December 2015. Municipal requirements related to this
standard are outlined in the Accessibility for Ontarians with Disabilities Act (AODA),
2005 and the draft Terms of Reference have been updated accordingly.
GRAAC membership currently consists of 11 members. A selection committee of staff
representing the participating municipalities reviewed the applications.
Recommendations for membership are based on consideration of the Terms of
Reference as well as equitable representation from participating municipalities and
various disability groups.
Pending ratification by each of the participating municipalities, staff is recommending
that the residents noted be appointed by the City of Kitchener. The proposed 2017
committee will have a total of 15 members.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Safe and Thriving Neighbourhoods
This committee provides persons with disabilities the opportunity to discuss,
define and address their shared vision in regards to the identification, removal
and prevention of barriers in City facilities, programs and services.
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Consulting with persons with disabilities in an advisory role increases the
capacity of the City to ensure a greater degree of access, equity and inclusion in
the life of the Corporation.
FINANCIAL IMPLICATIONS:
NIL
COMMUNITY ENGAGEMENT:
The draft Terms of Reference was presented to GRAAC for comment at its November
2016 meeting.
The community was informed of the application process for GRAAC via electronic
postings on municipal websites and on all participating municipalities social media
feeds.
ACKNOWLEDGED BY: Michael May, Deputy CAO 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
“GRAAC".
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").
"Councils" means the elected councils of the participating municipalities.
"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").
“Legislation” means the Ontarians with Disabilities Act, 2001, as amended or the
Accessibility for Ontarians with Disabilities Act, 2005, as amended, as applicable.
"Participating Municipalities" means the municipalities listed in Section 15 of these
terms of reference.
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3. Purpose of Provincial Legislation
The purpose of the Province of Ontario’s accessibility Legislation 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.
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 Legislation 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 exists
under the provisions of the Legislation.
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 Legislation.
6. Legislated Duties and Functions
In fulfilling the purpose of the Legislation, 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 premise, 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 Legislation and any associated regulations.
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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.
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 and 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 Legislation.
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;
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a) parents/caregivers of a person with a disability, who may also be persons
with a disability.
b) laypersons interested in disability issues, who may also be persons with a
disability.
c) staff representatives from agencies related to disability issues.
Although no residency requirement is outlined under Provincial legislation, municipalities
will strive to ensure representation of members from all the participating municipalities.
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 Advisor 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.
Staff Advisors may advise on procedural matters relative to how a meeting is to be
conducted giving regards to these terms of reference and Roberts Rules of Order. When
appropriate, Staff Advisors may consult with the Co-chairs to clarify such matters.
9. Staff Advisor Group
Staff Advisors shall participate on the GRAAC Staff Advisor Group 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 Advisor Group who are
responsible for carrying out a bias-free recruitment and selection process, and for
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submitting the names of persons or agencies 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.
Applications from agencies are accepted based on the agency’s merit to represent
persons with disabilities; the agency may determine who from their organization may
represent them on GRAAC.
In order to avoid potential conflict of interest, employees of participating municipalities are
not eligible to be voting members of the Committee.
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 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 Advisor 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)
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week prior to the meeting and will be sent to all members of the Grand River Accessibility
Advisory Committee, the GRAAC Staff Advisor 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 formats upon request.
Approved minutes will be posted on all participating municipalities websites. 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
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
A quorum shall consist of a majority of the Voting Members appointed to the Committee. If
quorum is not achieved at a meeting, the meeting may continue but no decisions may be
made and no resolutions may be passed. Any items on the Agenda requiring a decision or
resolution of the Committee will be deferred to the next scheduled meeting.
12.6 Voting
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.
12.7 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.
12.8 Reporting and Communication
The Committee will provide advice and feedback to participating municipalities through
the GRAAC Staff Advisor Group. The Co-Chairs or other approved member of the
Committee will be the official spokesperson to the media and the public.
12.9 Conflict of Interest
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Voting members will be subject to the Conflict of Interest Policy attached as Schedule “A”
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.
12.10 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 Advisor 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 GRAAC
Accommodation Procedure.
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, staff, or
Council of the participating municipalities.
15. Participating Municipalities
The participating municipalities are the municipalities of:
City of Kitchener
City of Waterloo
Township of North Dumfries
Township of Wellesley
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Township of Wilmot
Township of Woolwich
Regional Municipality of Waterloo
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GRAAC Terms of Reference
Schedule “A”
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.
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.
Policy 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 Section 15 of the Grand
River Accessibility Advisory Committee Terms of Reference.
“Committee” is the Grand River Accessibility Advisory Committee as established by the
participating municipalities;
“Immediate family” means a parent, child, spouse, partner 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.
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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
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.
Declaring a Conflict
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.
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.
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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.
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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