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HomeMy WebLinkAboutCSD-17-019 - Accessibility Policy - Revised REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: May 1, 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 Lori Palubeski, Manager, Program and Resource Services, 519- 741-2200 ext 7623 WARD(S) INVOLVED: All DATE OF REPORT: April 12th, 2017 REPORT NO.: CSD-17-019 SUBJECT: Accessibility Policy Revised ___________________________________________________________________________ RECOMMENDATION: That the revised Council Policy GOV-COR-217 (Accessibility Policy), as attached to report CSD-17-019, be approved. BACKGROUND: The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is the provincial legislation that provides guidance to municipalities as it relates to the identification, prevention and removal of barriers for persons with disabilities. Municipalities, colleges, universities, hospitals, schools and the private sector are required to comply with this legislation and its accompanying standards. REPORT: Effective July 1, 2016, the Accessible Customer Service Standard was incorporated under the Integrated Accessibility Standards Regulation, O.Reg 191/11. Due to this provincial direction, revisions to the Accessibility Policy were required in order to comply with the standard. Revisions to the Accessibility Policy include: Removal of all references to the Customer Service Standard. Employees (including volunteers, interns, students etc.) are to be trained on accessible customer service. facilitiesPolicy. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 The definition of service animal has broadened to include various types of regulated health professionals that documentation canbe accepted from. Clarity in the definition and requirements of support persons. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Open Government To provide training to all employees, students, interns and volunteers on accessible customer service to persons with disabilities. Safe and Thriving Neighbourhoods This Accessibility Policy will act as an all-encompassing policy to guide the actions of the Corporation in fulfilling the requirements of the standards developed under the Accessibility for Ontarians with Disabilities Act, 2005. FINANCIAL IMPLICATIONS: There has not been any cost identified as a result of the revisions to the policy. COMMUNITY ENGAGEMENT: Municipalities are required to consult and seek advice from an Accessibility Advisory Committee, of which, the majority of members must be persons with a disability. The City of Kitchener consults with the Grand River Accessibility Advisory Committee (GRAAC) in all matters related to accessibility including the revisions to the draft Accessibility Policy. The revisions to the Accessibility Policy were presented to GRAAC members on March ly committee meeting. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services 1 - 2 POLICY Policy No:GOV-COR-217 Approval Date:November 23, 2009 Policy Title:ACCESSIBILITY Policy Type:COUNCILNext Review Date:June 2021 Reviewed Date:June 2016 Category:Governance Sub-Category:Corporate Amended:May 1, 2017 Author:Inclusion Services Replaces: Dept/Div:Community Services Repealed:December 3, 2012 Department, Program & Replacedby:I-217 Resource Services Related Policies, Procedures and/or Guidelines: Accessibility for Ontarians with Disabilities Act, 2005 1. POLICY PURPOSE: The Accessibility Policy will act as an all-encompassing policy to guide the actions of the Corporation in fulfilling the requirements of the Standards developed under the Accessibility for Ontarians with Disabilities Act, 2005 The requirements set out in the Accessibility Policy are not a replacement or a substitution for the requirements established under the Human Rights Code nor does the Policy limit any obligations owed to persons with disabilities under any other legislation. Further amendments to the Accessibility Policy may occur if Standards are amended or developed and will be brought forward for Council approval based on timelines and compliance requirements. 2. DEFINITIONS: For the purposes of this policy: ay include, but are not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities. 1 of 8 1 - 3 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY eans the Accessibility for Ontarians with Disabilities Act, 2005, S.O.2005, c.11. eans any piece of equipment or product that is used to increase, maintain or improve functional capabilities of persons with disabilities. he Corporation of the City of Kitchener. Communication Supportsmay include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications. in section 10 of the Human Rights Code, R.S.O 1990 c. H.19. eans an interactive electronic terminal, including a point-of-sale device, intended for public use that allows users to access one or more services or products or both. Standards. Service Animal defined as either: A)section 1 of the Blind Persons Rights 1990, c.B.7; or B) Service Disruption the planned or temporary disruption of goods, services or facilities operated or provided by the City of Kitchener including but not limited to washroom facilities, elevators and websites. Service Providermeans every person who deals with members of the public or other third parties on behalf of the City. regulations under the Act. eans 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, services or facilities. 2 of 8 1 - 4 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY eans any person or entity that provides goods, services or 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: AllEmployees ManagementPermanent Full-Time Employees Permanent Full-Time Non UnionPermanent Full-Time C.U.P.E. 791 TemporaryPart-Time Non-Union StudentPermanent Full-Time Union Continuous Part-Time EmployeesPart-Time Employees Continuous Part-Time Non-UnionContinuous Part-Time Union Specified Positionsonly: Other: CouncilLocal Boards & Advisory Committees The Accessibility for Ontarians with Disabilities Act, 2005 and the Ontario Regulation 191/11, Integrated Accessibility Standards, requires that every provider of goods, services or facilities shall develop, implement and maintain policies governing its provisions of goods, services or facilities to persons with disabilities. The Accessibility Policy will be posted on the City website and Intranet. Staff will be advised of the policy during staff AODA training. Any amendments to this 4. POLICY CONTENT: a) Accessible Formats and Communication Supports The City will upon request provide or arrange for the provision of accessible formats and communication supports for persons with disabilities. The City accessibility needs due to disability. b) Accessibility Plans The City will establish, implement, maintain and document a multi-year accessibility plan, which will outline the ways the City will prevent and remove barriers and meet the requirements of the Act. The multi-year Accessibility Plan will be posted on the City website. 3 of 8 1 - 5 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY c) Assistive Devices The City and Service Providers shall use reasonable efforts to facilitate the use of assistive devices to goods, services or facilities provided by the City. It is the responsibility of the person with a disability to ensure that his or her assistive device is operated in a safe and controlled manner at all times. The City provides a variety of assistive devices at various facilities. A list will d) Communication with Persons with a Disability When communicating with a person with a disability, the City and Service Providers disability. Any person with a disability may request an accommodation and/or alternate formats to facilitate their interaction with the City, in which case the City will work with the person with a disability to provide a timely and appropriate accommodation and/or alternate format at a cost that is no more than the regular cost charged to other persons. e) Emergency Information The City shall provide publicly available emergency procedures, plans or public safety information in an accessible format or with appropriate communication supports, upon request, as soon as practicable. f) Feedback The City values the feedback from its citizens. Feedback from a member of the public about the delivery of goods, services or facilities to persons with disabilities may be submitted by telephone, in person, in writing, in electronic format, disability. Response to the feedback will be provided in the same method it was received and will outline the actions taken to resolve the concern, if any. The City shall ensure that feedback processes are accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communication supports, upon request. 4 of 8 1 - 6 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY g) Notice of Temporary Service Disruptions The City is aware that the operation of its goods, services or facilities is important to the public. However, temporary disruptions in the City services or facilities may occur. The City will make reasonable effort to provide notice to the public of the disruption. The notice will include information about the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if any, that may be available. The City will make reasonable effort to provide advance notice of any planned disruption. In situations of unplanned disruption, advance notice may not be possible. In such instances, the City will provide notice as soon as possible. The City will provide notice by posting the information in visible places and/or reasonably possible. h) Procuring or acquiring goods, services or facilities The City shall incorporate accessibility design criteria and features when procuring or acquiring goods, services or facilities, except where it is not practicable to do so. Ifthe City determines that it is not practicable to incorporate accessibility design criteria and features when procuring or acquiring goods, services or facilities, it shall provide, upon request, an explanation. i) Provision of Goods and Services to Persons with Disabilities The City shall provide the provision of goods, services or facilities to persons with disabilities as provision of goods, services or facilities are provided to others, unless an alternative 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, services or facilities. j) Self-service kiosks The City shall incorporate accessibility features when designing, procuring or acquiring self-service kiosks. k) Service Animals The City is committed to welcoming people with disabilities who are accompanied by a guide dog or other service animal on all City facilities that 5 of 8 1 - 7 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY are open to the public. The City will ensure that the person is permitted to keep the service animal with him or her unless the animal is otherwise excluded by law from the premises. If a service animal is excluded by law from the premises, the City will ensure that alternate means are available to enable the person with a disability to obtai If it is not readily apparent that the animal is a service animal, the person with the disability may be requested to provide documentation from a regulated health professional confirming that the person requires the animal for reasons relating to the disability. i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario. ii) A member of the College of Chiropractors of Ontario. iii) A member of the College of Nurses of Ontario. iv) A member of the College of Occupational Therapists of Ontario. v) A member of the College of Optometrists of Ontario. vi) A member of the College of Physicians and Surgeons of Ontario. vii) A member of the College of Physiotherapists of Ontario. viii) A member of the College of Psychologists of Ontario. ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario. O. Reg. 165/16, s. 16. It is the responsibility of the person with a disability to ensure that his or her service animal is kept in control at all times. l) Support Persons A person with a disability may participate in City programs and services accompanied by a support person. To facilitate the attendance of a support person, the City recognizes the Personal Attendant for Leisure (PAL) Card. A support person, when assisting a person with a disability to obtain, use or accompany the person with a disability at no additional charge upon provision of the PAL card. The City may require a person with a disability to be accompanied by a support person while on City premises in situations where it is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises; and there is no other reasonable way to protect the health or safety of the person with the disability and the health or safety of others on the premises. 6 of 8 1 - 8 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY If in the presence of a support person, personal information is being discussed, City staff must ensure that the individual consents to the support person being present. Consent can be given verbally or in writing. m) Training The City will ensure that the following persons receive training on the requirements of the Accessibility Standards referred to in the Regulation and on the Human Rights Code as it pertains to persons with disabilities. i) All City employees and volunteers ii) iii) Any person who provides goods, services or facilities on behalf of the City. Training will be provided as soon as practicable upon a person being assigned the applicable duties and on an ongoing basis in connection with changes to City policies governing the provision of goods, services or facilities to persons with disabilities. n) Workplace emergency response information The City shall provide individualized workplace emergency response information to employees who have a disability. The City shall notify all staff that they have the right to customized emergency response plans for those staff who need assistance during an emergency. The City shall work with the employee to develop an emergency response plan to respond to the employees individualized needs. Availability of Accessibility Standards Documents This policy and any other documents key to the delivery of goods, services or facilities to persons with disabilities will be made av This document can be provided in alternate formats, upon request. 7 of 8 1 - 9 Policy No:GOV-COR-217 Policy Title:ACCESSIBILITY 5. HISTORY OF POLICY CHANGES Administrative Updates No updates to date Formal Amendments 2012-12-03 I-217 was repealed and replaced with an updated version of the policy that was also number I-217. 2016-06-01 Policy template re-formatted and given new numbering system, policy number GOV-COR-217. 2017-05-01 GOV-COR-217 revised to reflect legislated amendments. 8 of 8 1 - 10