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HomeMy WebLinkAboutGOV-BOA-2053 - Accessibility Advisory Committee Terms of Reference Page 1 of 13 POLICY GOV-BOA- 2053 Accessibility Advisory Committee (AAC) Category GOV - Governance Sub-category BOA - Board & Committee Approval Type COUNCIL Department/Division Community Services Department Author and Position LoriAnn Palubeski, Manager, Program and Resource Services Date Approved April 13, 2026 Last Reviewed/Amended Click here to enter a date. Next Review Date April 13, 2031 Related Policies or Procedures • GOV-BOA-060 (Advisory Committees) • GOV-BOA-063 (Appointment to Board & Committees) • GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory Committees) • Municipal Code Chapter 25 (Procedure) 1. Policy Purpose To establish as Accessibility Advisory Committee (AAC), in accordance with and under the guidance of the Accessibility for Ontarians with Disabilities Act 2005, as outlined in section 29 of the Act. The Accessibility for Ontarians with Disabilities Act promotes full participation for persons with disabilities by leveraging their lived experience and expertise to identify, eliminate and prevent barriers within the community. 2. Definitions “Accessibility for Ontarians with Disabilities Act (AODA)” is legislation that sets out a process for developing and enforcing accessibility standards. “Ad Hoc” means something that is formed or used for a special or immediate purpose. “Advisory Committee” is a board or committee appointed by Council to act in an advisory capacity to Council and the Council’s of the affiliated municipalities on operational and strategic issues. “Affiliation / Affiliated Municipality” refers to a formal relationship granted by the City to a municipality that allows them to engage/participate in the City’s AAC. Affiliated status enables Page 2 of 13 an approved municipality to attend AAC meetings, to present local accessibility matters, and receive guidance, feedback, and lived‑experience perspectives from the Committee members. “Agency” is a business or community organization with a focus is to serve and/or support people with disabilities that are located in The Region of Waterloo. "Barrier" is anything that prevents a person with a disability from fully participating in all aspects of society, such a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a system ic barrier, a policy or practice. “City” refers to the City of Kitchener. “Co-Chair” means the presiding officer for the meetings; they provide leadership to move forward business outlined on the meeting agenda, ensures decorum is maintained at meetings, and the rules of procedure and conduct are observed. “Committee Administrator” is a staff member from the City who provides administrative support to the Committee to complete tasks including but not limited to the agenda, minutes, delegation requests, processing payments. “Committee Governance” is related to the committee’s purpose, membership criteria, roles and responsibilities, decision‑making processes, meeting protocols, reporting expectations, and accountability mechanisms. This will be solely at the discretion of the City. “Council” are the elected members of Kitchener City Council. "Council members" are individuals elected to City Council of affiliated municipalities. "Disability" is defined in legislation as set out in section 10 of the Human Rights Code, R.S.O 1990 c. H.19., more broadly that means and/or reflects any degree of physical, sensory, emotional, cognitive, intellectual or mental condition. It can include illnesses and/or injuries. Disability can occur at any point in a person’s life (some people are born with a disability, while others develop a disability later in life), and it can be permanent, temporary, or episodic. “Diversity” is the presence of different and multiple characteristics that make up individual and collective identities, including race, gender, age, religion, sexual orientation, ethnicity, national origin, socioeconomic status, language, and physical ability. “Eligibility” refers to the criteria of requirements needed to be an affiliated municipality of the City’s AAC. “Equity” is creating an approach that would provide fair and equal access and opportunity for everyone, by addressing discrimination, exclusion and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. “Integrated Accessibility Standards Regulation (IASR)” is Provincial Legislation that provides set of standards established under the AODA in Ontario, Canada, which outlines Page 3 of 13 requirements for organizations to make their services, facilities, and communication accessible to people with disabilities across various areas like customer service, employment, transportation, and design of public spaces, aiming to create an accessible Ontario by 2025. “Inclusion” refers to creating environments where all individuals are treated with fairness and respect, experience a sense of belonging, and have equitable access to opportunities, resources, and the ability to participate without barriers. "Legislation" means the Accessibility for Ontarians with Disabilities Act, 2005, as amended, or its associated Regulations, as applicable. “Municipal Staff Representatives/Liaisons” means a staff member who attends meetings to provide advice and/or assistance to the Committee in providing feedback or reaching a decision. These staff can be from the City or an affiliated municipality. “Ontario Building Code” is Provincial Legislation that detailed technical and administrative requirements and minimum standards for building construction. “Pecuniary interest” means that an individual has a reasonable likelihood or expectation of financial loss or gain related to a matter that is before the Committee for consideration. “Position Papers” are guiding documents developed and approved by the Committee, to address initiatives or urgent matters, that require timely input outside of the meeting cycle. These documents may be shared with City staff and staff from affiliated municipalities to provide guidance on accessibility matters when in-person Committee feedback is not possible. “Quorum” is the minimum number of members in attendance at a meeting to advance the business of the Committee. “Sub-Committee” is a smaller appointed committee, composed of some members of the larger committee, that is assigned to focus on a particular task within the committee's jurisdiction, and have a responsibility of reporting to the larger committee. “Waterloo Region” is the geographic area which encompasses the City all the affiliated municipalities as outlined in Schedule ‘A’ of the Terms of Reference. 3. Policy Scope This policy shall apply to the advisory committee members who are appointed to the Committee, as well as any municipality that is approved for affiliated membership. Any member on the Committee, or approved affiliated municipality, that does not comply with the policy may result in the removal from the Committee. Application ☐ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part- time, Casual, Probationary, Student, Management, Non-union) ☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA) Page 4 of 13 ☐ Council (s) ☐ Specified Positions: Click or tap here to enter text. ☒ Other: Local Boards and Advisory Committees 4. Policy Content 4.1 Purpose of the Committee AAC will provide advice to Council, City staff and staff for all the affiliated municipalities on accessibility matters pursuant to Section 29 of the AODA, 2005. 4.2 Governance AAC is governed by procedures detailed in the Municipal Act, the AODA, 2005, the Municipal Conflict of Interest Act, the City’s Procedural By-law, the City’s Code of Conduct, and any other applicable legislation. 4.3 Mission AAC assists the City and affiliated municipalities in fulfilling the purpose of the Accessibility for Ontarians with Disabilities Act (AODA) by providing advice in regard to the identification, prevention and removal of barriers. 4.4 Mandate AAC will provide advice and recommendations to Council, City staff and staff from the affiliated municipalities about facilities, public spaces and other infrastructure, programs, services, activities and policies to improve inclusiveness and accessibility for individuals with disabilities as per the regulations and standards outlined in the AODA. 4.5 Legislated Responsibilities a. Advise Council, the City and staff of the affiliated municipalities regarding the preparation, implementation and effectiveness of municipal accessibility plans. b. Advise Council, the City and staff of the affiliated municipalities on the accessibility of buildings, structures or premises that the municipality maintain, lease, purchase, construct or significantly renovate. c. Review and advise on the accessibility of site plans and drawings as described in Section 41 of the Planning Act, as selected and discussed at AAC meetings or sub-committee meetings, including all municipal projects for the affiliated municipalities. d. Perform all other functions that are specified in the Integrated Accessibility Standards Regulation (IASR) (0. Reg. 191/11). 4.6 Other Duties / Responsibilities Page 5 of 13 a. Communicate and advise on emerging issues for the City and affiliated municipalities related to accessibility matters. b. Provide advice to the Council, the City and staff of the affiliated municipalities on ways to address issues for the inclusion of persons with disabilities relating to the provision of the services provided by the municipalities. c. Participate in ad hoc consultation opportunities as they relate to the review of relevant legislation, regulations, and standards (such as AODA, Ontario Building Code, IASR). d. Advise on existing and proposed procurement processes as requested by City staff and the affiliated municipalities, with respect to the purchase of goods or services with regard to accessibility where deemed appropriate. e. Committee members may request additional agenda items between meetings by notifying the Committee Administrator, City staff liaison, or Co -chair. Approval is not guaranteed; City staff will assess each request for relevance, alignment with the committee’s scope, and future planning considerations. Decisions will be made on a case-by-case basis. 4.7 Committee Composition AAC shall have a minimum of 7 members and a maximum of 10 members appointed to be on the committee, with full voting privileges, the majority of whom shall be persons with disabilities and/or a caregiver for a person with disabilities, as per Section 29 (3) of the AODA. Membership may be comprised of a combination of the following: • Up to 3 representatives who reside within an affiliated municipality, priority being given to ensure there is representation from the affiliated municipalities. • Up to 1 member of Kitchener City Council. • The remaining composition up to a total of 10 representatives who reside within the City. If insufficient applications are received or where Inclusion staff as part of the nomination process feel that an agency/organization would assist in expanding the broad range of disability expertise, the following representatives could be considered: • 2 representatives from agencies/organizations with mandates to serve and/or support people with disabilities and who serve Region of Waterloo residents. Committee Members shall have experience and knowledge in the field of disability, have lived disability experiences or are agencies serving persons with disabilities. 4.8 Quorum A quorum shall consist of a majority of the Members appointed to the Committee. Quorum shall be reduced when a member has formally resigned from the Committee. Page 6 of 13 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 referred to the next scheduled meeting. For any member participating virtually, where possible cameras are encouraged to be on, to ensure quorum is maintained. 4.9 Voting Every member of the committee is required to vote, including the Co -chairs. Those members who are present at a Committee meeting when a decision is rendered shall vote, except if they are disqualified from voting because of a pecuniary interest or are absent from the meeting during the vote. Any member who refuses to vote will be recorded as voting in the negative (opposed). In the event of a tied vote, the motion being voted on is deemed to be lost. 4.10 Committee Member Attendance and Expectations Any member of the Committee who fails to attend three successive regular meetings, without communicating with the City, may be removed from the Committee. Committee member attendance may be taken into consideration when considering members for reappointment. 4.11 Committee Term The Committee shall serve for a four-year term, and representatives will remain members of the Committee until new members (successors) are appointed. If a member is no longer able to volunteer on the Committee and must resign before the expiration of their term, the City may proceed with the recruitment process, if required, with the use of the Nominating Committee to appoint a new person or agency to complete the remaining balance of the unexpired term. 4.12 Committee Appointment Process Applications for the Committee will be received by the City. All affiliated municipalities are encouraged to advertise the recruitment process through their preferred communication methods. Once the recruitment process has closed, the applications will be vetted through the City’s Nominating Committee as outlined in Policy GOV- BOA-010 - Nominating Committee, along with the support of the Municipal Clerk or designate, in consultation with an accessibility professional identified by the City Municipal Clerk. 4.13 Meeting Schedule and Location AAC will generally meet on a monthly basis ten (10) times per year, on the third Wednesday of the month generally scheduled from 10:00am to 12:30pm. There are no meetings in July and/or August. The City will prepare an annual committee Page 7 of 13 schedule that will be shared with the affiliated municipalities for inclusion on their websites. The date and location of the meeting can be modified at the discretion of the City in consultation with the affiliated municipalities and the Co-chairs. Notice of any modified meeting dates will be updated on the City’s website. The default meeting format will be in-person. Staff will endeavour for all meetings to also have a virtual participation option (hybrid). Where possible, any requests for virtual participation should be no less than two hours prior to the start of the meeting to ensure the meeting link can be sent. Where the meeting is known to have a hybrid option, notice of the meeting format shall be included on the meeting agenda. While virtual participants will be counted towards quorum and members who participate electronically will be permitted to participate in all discussions and voting, the default participation is in-person and should a member have technical issues, the meeting will be permitted to proceed should in-person participation equal quorum 4.14 Open Meetings All meetings are open to the public save and except for reasons outlined under Section 239 of the Municipal Act, as amended. No person will be excluded from meetings except for improper conduct, as defined by the City’s Procedural By-law. When a matter is considered in a closed meeting, members shall maintain confidentiality of the subject matter. 4.15 Affiliated Municipalities – Eligibility, Benefits/Services and Obligations For further information related to Affiliated Municipalities, eligibility, benefits/services and obligations can be found in schedule ‘A” attached to this policy. 4.16 Co-Chairs Co-Chairs will be appointed annually by the Committee at the last meeting of the year. The Co-Chairs will lead meetings and act as a liaison between the Committee and staff where members may wish to bring forward items for consideration on a future agenda. The Co-Chairs will notify staff of any agenda items requested by the members in between Committee meetings. Members who are appointed as a Co-Chair would not be permitted to also chair a sub- committee. 4.17 Built Environment Under section 41 of the Planning Act, the Committee is required to review and provide advice on the accessibility of site plans and drawings. Items for review will be selected and discussed at AAC meetings or sub-committee meetings and will include all municipal projects for the City and affiliated municipalities. The Committee may complete this legislative responsibility either through a subcommittee or through the Committee at large. This will be decided by the Committee at the start of each term. Page 8 of 13 If a subcommittee is established, the Committee will make every effort to appoint a member to lead and coordinate the Built Environment. If the appointed member is unavailable, they may assign a designate. When consultation is requested, the Built Environment Lead (along with any interested members who have relevant experience, interest and or availability, providing participation does not exceed quorum) may provide advice on site plans brough forward for review. If the Committee is unable to appoint a lead, City staff or staff from affiliated municipalities may seek support from the full Committee to carry out this work. A standing item will be included on each monthly agenda to report on any Built Environment work completed between meetings. A tracking sheet summar izing completed work will also be included in the agenda package. will be included in the agenda for reference. Built Environment work is eligible for a daily honourarium and mileage reimbursement, as outlined in the Committee Honourarium and Reimbursement section of this policy. 4.18 Sub-Committees Where the City staff, in consultation with AAC, feel a sub-committee is required, they may be created by resolution of the committee. All such sub -committees will be ad hoc in nature and should have a specific, clearly articulated mandate. All sub -committees will report on their work to the larger committee, and any direction required shall be considered by the Committee as a whole. All sub -committees shall be reviewed annually by City staff in consultation with the AAC to determine if the mandate is still accurate and whether the sub-committee is still required. Where City staff may determine that additional expertise may be required on a sub - committee to complete the mandate of their work, membership on a sub -committees may be expanded, if required, to include individuals or organizations with a particular area of expertise who are not Committee members. Where a sub-committee is deemed required, membership on the sub-committee will be one less than the overall committee’s quorum. Sub-committee work will not be eligible for an honourarium. Staff Representatives from the City or an affiliated municipality shall serve in a resource capacity to the sub-committee as required and will provide advice/input on matters related to their respective municipalities. 4.19 Committee Honourarium and Reimbursement The City is committed to removing any barriers that would prohibit an individual’s interest in participating in the Committee; that may include support through technology, transportation and childcare. The goal is to continue developing and fostering a community where equity, Inclusion, and anti-racism are core principals of policies programs and procedures. Page 9 of 13 Members can reach out to the City to seek reimbursement (payment and/or in-kind services) to cover the following: 1. Honourarium Committee Meeting: Membership is voluntary and a public service; however, members will receive an honorarium for attendance at regular monthly meetings. Agency representatives, where it is the agency that is appointed as a member to the committee, will not be eligible for an honourarium. Members will be provided with a $150 honourarium per committee meeting attended by cheque or electronic fund transfer/monthly. 2. Honourarium Built Environment – Advisory: Members will be provided with a $50 daily rate/honourarium for sub-committee work related to the built environment, in addition to travel costs outlined below. 3. Travel Costs: • Public transit pass: Committee members will be eligible to have their bus or LRT expenses covered for travel to and from the Committee meeting, on the date of the meeting, through the form of complimentary passes provided by the City. • Parking: Committee members will be eligible to park at the Municipal facility where the Committee meeting is being held, on the day and time of the meeting, at no cost, through the form of complimentary parking passes. Committee members requiring a parking pass will be required to advise the Committee Administrator of this need and will be provided with the parking pass at the meeting. • Alternative transportation arrangements: Committee members who require an alternative form of transportation to the Committee meeting can reach out to the Committee Administrator who can assist to support transit needs to attend a committee meeting(s). • Mileage: Committee members will be eligible for mileage for all sub-committee related work to the built environment advisory work, at the mileage rate determined by the Canada Revenue Agency (CRA) effective January 1st of each year. Mileage will be reimbursed from the site of departure direct to the arrival site, including the direct return trip. 4. Childcare and Caregiver Reimbursements Committee members may request reimbursement for required childcare or caregiving Page 10 of 13 expenses incurred while attending monthly Committee meetings. Reimbursements will be provided on an as-needed basis. Maximum eligible amounts and additional requirements are outlined in the Standard Operating Procedure (SOP) and will be communicated to Committee members. Eligible Costs: The City will reimburse care giving expenses for: • Travel time to and from the meeting up to 30 minutes each way • Meeting time up to a maximum of 2.5 hours • An hourly rate as determined by City Council 5. Technology: The Committee Administrator will support reasonable technology requests made by Committee members to assist in removing barriers for participation (such as loan of laptop) The City is committed to accommodating the needs of committee members under the Ontario Human Rights Code (OHRC) and Accessibility for Ontarians with Disabilities Act (AODA). All reimbursement requests should be arranged directly with the City 4.20 Conflict of Interest The Municipal Conflict of Interest Act outlines a primary set of ethical rules for Council, Committee and local board members. These rules apply if members have a pecuniary (financial) interest in a matter that is before them at a meeting. The legislation requires a member with a pecuniary interest to: • disclose the interest and its general nature before the matter is considered at the meeting; • complete any required form(s) that are necessary by the municipal conflict of interest act; • not take part in the discussion or voting on any question in respect of the matter; • not attempt to influence the voting, during or after the meeting; and • immediately leave the meeting if the meeting is closed to the public. 4.21 Code of Conduct Members are expected to follow the City’s Code of Conduct. Persons in violation of the Code of Conduct may be referred to Council for consideration as to whether they will be permitted to maintain their appointment. Each member will receive a copy of the Code of Conduct as part of their Committee Orientation at the start of each term. Page 11 of 13 5. HISTORY OF POLICY CHANGES The Terms of Reference were previously approved in 2016. An extensive review of the Terms of Reference was completed in Q3/Q4 2024 & Q1 2025. The participating municipalities shall endeavor to review the Terms of Reference every second term. 6. Results of Review ☐ No Edits Required ☐ Housekeeping Edits ☐ Substantial Edits ☒ Repeal/Replace 7. Policy History Administrative and Housekeeping Changes Date Nature of Change yyyy-mm-dd Departmental re-organization/Titling changes/ Standing Committee restructuring. Substantial Changes Date Council/CLT Directive 2026-04-13 As Per Council/CLT Directive - Report COR-2026-131 Page 12 of 13 Schedule ‘A’ Affiliated Municipalities Eligibility, Benefits of Service, Obligations 1.1 Affiliated Municipalities - Eligibility: To be recognized as an affiliated municipality with AAC, a municipality will have the following characteristics: • The municipality must be located within the boundaries of the Region of Waterloo. • It must have a population of fewer than 50,000 residents. • It should be able to demonstrate the need for additional accessibility support offered by the City. • The municipality must receive approval for affiliated status through a recommendation from City staff, followed by approval through a motion from Kitchener City Council and the municipality’s own Council. Affiliated members may withdraw from the Committee at any time by submitting written correspondence to the staff liaison from the affiliated municipality. No reimbursements for the annual fee will be issued for withdrawals occurring mid‑year. Affiliated status will be reviewed by the City every two years, during the Committee recruitment process. 1.2 Affiliated Members – Benefits/Services: The City is committed to providing benefits/services to all approved affiliated municipalities with the goals of participation that are cost effective and efficient and responsible use of staff resources. These benefits include: • Access to staff expertise and guidance related to AODA requirements. • Support in meeting AODA obligations, including requirements for engagement with individuals with lived experience. • Access to a broad range of accessibility advice and feedback from a diverse committee membership. • Flexibility to request agenda additions, provided submissions are received on time and include proper supporting materials. • Coordination and administration of the Committee being lead by the City. • Full management of the Committee expenses by the City, including (but not limited to): honorariums, reimbursements, mileage, accommodation requests, meeting expenses, and recognition. • Attendance expectations limited to meetings where matters relevant to the affiliated municipality are included on an agenda. • Opportunities to bring matters forward at multiple meetings throughout the year, maximizing the opportunity to receive committee’s consideration and feedback. • Access to the Committee for ad hoc feedback opportunities outside regular monthly meetings and the built environment sub-committee meeting. Page 13 of 13 • Provision of accommodation supports for Committee members by the City. • Access to (and participation in the development of) position papers that are regularly reviewed and approved by the Committee which would be shared in lieu of in-person committee feedback. • Recognition as an affiliated member in City reports and communications. 1.3 Obligations: Affiliated municipalities will have to meet and maintain the following obligations to retain their affiliated status with AAC: • Pay an annual fee, as per the terms outlined in the service agreement. All Committee - related expenses will be managed by the City. • Adhere to the annual calendar of agenda deadlines provided by the City at the beginning of each year. If a deadline cannot be met, the municipality must speak with the Committee Administrator to confirm whether adjustments/accommodations are possible. • Ensure all agenda materials are AODA compliant before submission. Materials will not undergo additional review by the City prior to inclusion on the agenda. • Keep the City informed of any relevant communications with Committee members to help ensure accurate coordination and processing of any member reimbursements. • Manage all reporting to their municipal councils for relevant items arising from the Committee. • Provide guidance to staff from their municipality who have requested to include an item on the agenda, ensuring clarity of the nature of the presentation and what specific feedback may be required. • Attend Committee meetings in person, through the staff liaison, when an affiliated municipality has submitted an agenda item - except in extenuating circumstances. The liaison must be prepared to present the item, support any required materials, and respond to questions from the Committee. • Support the committee recruitment process locally. • Failure to meet the obligation requirements listed above may result in the loss of a municipality’s affiliated status, where removal is deemed necessary, the City will provide two months' notice to allow alternative options to be implemented. The following section is administrative and will be updated to reflect the approved affiliated municipalities and the date that their Council’s approved their participation with the Committee. The Council of the affiliated municipalities approved a resolution to participate in Kitchener’s Accessibility Advisory Committee on: • TBD