2017 02 16 region of peel accessibility advisory committee … · 2017-10-20 · * see text for...

For questions about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Meenu Sikand, Accessibility Planning Specialist at (905) 791-7800, Ext. 4778 or by e-mail at [email protected] Some meeting information may also be available in alternate formats, upon request. Please contact: Veronica Montesdeoca at (905) 791-7800, Ext. 5454 or by e-mail at [email protected]

REGION OF PEEL

ACCESSIBILITY ADVISORY COMMITTEE REVISED AGENDA AAC - 1/2017 DATE: February 16, 2017 TIME: 1:30 PM – 3:30 PM LOCATION: Council Chambers, 5th Floor Regional Administrative Headquarters 10 Peel Centre Drive, Suite A

Brampton, Ontario MEMBERS: C. Belleth; A. Brar; R. Chopra; F. Dale; M. Daniel;

D. Farrace; T. Geraghty; A. Groves; N. Husain; R. Khedr; M. Mahoney; M. Palleschi; L. Soulliere; T. Tamlin;

1.

CALL TO ORDER

2. ELECTION OF CHAIR AND VICE CHAIR

3. DECLARATIONS OF CONFLICTS OF INTEREST

4. APPROVAL OF AGENDA

mailto:[email protected]

mailto:[email protected]

AAC-1/2017 -2- AAC Agenda Thursday, February 16, 2017 5.

PREVIOUS MEETING MINUTES

5.1. Minutes of the Region of Peel Accessibility Advisory Committee (AAC-5/2016) meeting held on November 17, 2016

6.

DELEGATIONS

6.1. Kathy Hering, Manager and Kendrick Doll, Natural Heritage Coordinator, Ontario Heritage Trust, To provide an Update on Efforts to Enhance Accessibility at the Cheltenham Badlands (Presentation material now available)

7.

REPORTS

7.1. Update on Region of Peel Disability Accommodation Policy (Oral) (For information) Presentation by Debra Wight, Manager, Health, Safety and Wellness

7.2 Accessibility Planning Program Update – February 16, 2017 (For information)

8.

COMMUNICATIONS

8.1. Ontario Human Rights Commission: Policy Position on Medical Documentation to be Provided when a Disability-Related Accommodation Request is Made (Receipt recommended)

8.2. Employment and Social Development Canada, Discussion Guide titled “Accessibiltiy Legislation, What Does an Accessible Canada Mean to You?” (Receipt recommended)

9.

OTHER BUSINESS

10.

NEXT MEETING Thursday, April 20, 2017 1:30 – 3:30 p.m. Council Chamber, 5th floor Regional Administrative Headquarters 10 Peel Centre Dr., Suite A Brampton, ON

11.

ADJOURNMENT

* See text for arrivals � See text for departures

REGION OF PEEL

ACCESSIBILITY ADVISORY COMMITTEE

MINUTES

AAC - 5/2016

The Region of Peel Accessibility Advisory Committee met on Thursday, November 17, 2016 at 1:44 p.m., in the Regional Council Chamber, 5th Floor, Regional Administrative Headquarters 10 Peel Centre Drive, Suite A, Brampton, Ontario. Members Present: C. Belleth; R. Chopra; M. Daniel; D. Farrace; A. Groves �; N. Husain;

R. Khedr; M. Mahoney �; M. Palleschi �; L. Soulliere; T. Tamlin Members Absent: A. Brar; F. Dale; T. Geraghty; J. McArthur Also Present: Region of Peel: L. Graham-Watson, Commissioner of Corporate

Services; K. Lockyer, Regional Clerk and Director of Clerk’s; M. Sikand, Accessibility Planning Specialist; D. Obaseki, Acting Legislative Assistant; R. Comacchio, Committee Clerk

Chaired by Naz Husain. 1.

CALL TO ORDER

Naz Husain, Chair of the Region of Peel Accessibility Advisory Committee (AAC) called the

meeting to order at 1:44 p.m.

2.

DECLARATIONS OF CONFLICTS OF INTEREST - Nil

5.1-1

AAC-5/2016

Thursday, November 17, 2016 3.

APPROVAL OF AGENDA

Moved by M. Palleschi;

RECOMMENDATION AAC-8-2016: That the agenda for the November 17, 2016, Region of Peel Accessibility Advisory Committee meeting be approved.

4.

PREVIOUS MEETING MINUTES

4.1.

Minutes of the Region of Peel Accessibility Advisory Committee (AAC – 4/2016) meeting held on September 15, 2016

Received

5.

DELEGATIONS - Nil

6.

REPORTS

6.1.

Citizen First Accessibility: Building for the Future (Oral)

Presentation by Glenn Brunetti, Manager, and Jay Adams, Digital Specialist, Digital Strategy and Service Peel

Received

Glen Brunetti, Manager, and Jay Adams, Digital Specialist, Digital and Service Peel, provided

an overview on the Region of Peel’s Digital Strategy. The Region’s Digital Strategy sets an organizational direction to address the rapid changes in technology and the way people want access to service and information. The goal is to make digital offerings easy and simple to use by removing as many barriers as possible. Naz Husain, Committee Chair, and Rabia Khedr, Committee member, explained the functional capabilities of readers and how they are set to the user preference including but not limited to, reading speed and reading formats, example acronyms.

Councillor Palleschi departed at 2:25 p.m. 6.2.

Accessibility Planning Program Update – November 17, 2016

Received

5.1-2

AAC-5/2016

Thursday, November 17, 2016 6.3.

Annual Accessibility Status Report 2015

Received 7. COMMUNICATIONS

7.1.

Alfred Spencer, Director, Accessibility Directorate of Ontario, Email dated September 20, 2016, Providing a Copy of the Recently Updated “Guide to Accessible Festivals & Outdoor Events”

Received

Naz Husain, Committee Chair, requested a digital copy of the “Guide to Accessible Festivals and Outdoor Events”.

7.2.

Accessibility Directorate of Ontario, Email dated September 29, 2016 Notifying of In-Person Consultation Sessions, being held across Canada, to Inform the Development of Planned Accessibility Legislation

Received

7.3.

Ministry of the Attorney General, News Release dated September 30, 2016 titled “Ontario Appoints Five New Human Rights Commissioners”

Received

7.4.

The Ontario Human Rights Commission, Executive Summary of the New Policy on Ableism and Discrimination Based on Disability

Received

7.5.

Naz Husain, Chair, Region of Peel Accessibility Advisory Committee, Email dated October 4, 2016, Congratulating Accessibility Advisory Member Rabia Khedr on her Recent Appointment as Human Rights Commissioner

Received

The committee congratulated Rabia Khedr on her appointment as Human Rights Commissioner. Naz Husain, Committee Chair, requested that Rabia Khedr speak to the committee at the next meeting regarding the new Ontario Human Rights Commission policy on Ableism and Discrimination Based on Disability. Rabia Khedr stated that she would confirm with the Commission that she is permitted to speak to the policy, and if not, she will request that they send a representative.

5.1-3

AAC-5/2016

Thursday, November 17, 2016 7.6.

Rachel Comacchio, Acting Legislative Technical Coordinator, Memo dated October 11, 2016, Regarding the 2017 Meeting Schedule for the Region of Peel AAC

Received

8.

OTHER BUSINESS

9.

AAC Membership Update

Moved by R. Chopra; RECOMMENDATION AAC-9-2016:

Whereas the Procedure By-law states should any member appointed to a committee fail to attend three successive Committee meetings of the same Committee without authorization from the Committee Chair, that member’s appointment to the committee is terminated and Council may appoint another member to take his or her place; And whereas, Judith McArthur has not attended a meeting since February 2, 2015; And whereas, the Region of Peel Accessibility Advisory Committee Chair signed an authorization of continuation form on February 18, 2016 providing an extension of three meetings; And whereas, Judith McArthur has been absent for three consecutive meetings since the signing of the authorization of continuation form, deeming her ineligible to continue her membership on the AAC; Therefore be it resolved, that the appointment of Judith McArthur to the AAC be terminated.

Councillor Groves departed at 3:05 p.m. Councillor Mahoney departed at 3:07 p.m. Quorum was lost at 3:07 p.m. A quorum of voting members was not present, and in accordance with Section Ill-5(g) of the Region of Peel Procedure By-law 100-2012, as amended, the Region of Peel Accessibility Advisory Committee continued to receive information. 10. Committee Workshop (Oral) Rachel Comacchio, Committee Clerk, provided an overview of the roles and responsibilties

of the Chair and Vice-Chair along with basic meeting procedures including procedures for the election of a Chair and Vice Chair.

5.1-4

AAC-5/2016

Thursday, November 17, 2016 11.

NEXT MEETING

The next meeting of the Region of Peel Accessibility Advisory Committee is scheduled for

Thursday, February 16, 2017 at 1:30 p.m., Council Chamber, 5th floor, Regional Administrative Headquarters, Suite A, 10 Peel Centre Drive, Brampton, Ontario. Please forward regrets to Rachel Comacchio, Committee Clerk, (905) 791-7800 ext. 5454 or at [email protected].

12.

ADJOURNMENT The meeting adjourned at 3:42 p.m.

5.1-5

Feedback to Accessibility

Enhancement Options at the

Cheltenham Badlands

Region of Peel Accessibility Advisory Committee Meeting

February 16, 2017

Logos of partner agencies including the Ontario Heritage Trust, the Region of Peel, Bruce Trail Conservancy, Niagara Escarpment

Commission, Credit Valley Conservation, Town of Caledon and Government of Ontario.

6.1-2

https://www.google.ca/url?q=http://people.trentu.ca/joenocera/research.html&sa=U&ei=VwtEU_fBFsik2gXPj4CwAw&ved=0CC0Q9QEwAA&usg=AFQjCNF0u09Pj1ML0CjlJUaI08v5xstdDg

2

Purpose of meeting

• Receive feedback to accessibility enhancements

being considered for Phase 1 of the Master Plan

2

6.1-3

3

Agenda

• Background

• Proposed accessibility enhancements

• Summary of Caledon AAC feedback

• Regional AAC feedback discussion

6.1-4

4

Phase 1

Trail works

Road safety improvements

Subsequent Phases

Developing through the Master Planning process

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5

Phase 1 of the Master Plan

• Includes the following:

1. off-street parking area

2. accessible on street parking area

3. roadside pedestrian walkway

4. trail improvements

1 2 3

4 4

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6

Location of the Off-Street Parking Lot Due to the existing physical and site constraints (e.g. site topography), the off-

street parking lot is proposed 250m East from the Badlands feature

A large ravine and cold water stream situated between the parking lot and the

Badlands feature

Olde Base Line Rd continues West to Creditview Rd Olde Base Line Rd continues East to Chinguacousy Rd

AODA On-street

Parking Spot

Off-street Parking Lot

250m from AODA Parking Spot to Parking Lot

Location of main

Badlands feature

12m 2.8m

Location of main

Badlands feature

4.8m

6.1-7

Actions from ToC AAC recommendations

Overhead image of the property featuring the Badlands, surrounding forest and Olde Base Line Road

6.1-8

8

Actions from AAC recommendations

• Questions and Comments received from Caledon

Accessibility Advisory Committee on Sept 15, 2016

• Ontario Heritage Trust actions:

• Obtained technical input from accessibility consultant

• Developed options for enhancing accessibility

• Consulting directly with the Town of Caledon and

Region of Peel AAC for additional feedback

6.1-9

Proposed accessibility enhancements


6.1-10

10

Proposed accessibility enhancements

1. Accessibility drop off area

2. Priority parking spaces at main parking lot

3. Tactile walking surface indicator at drop off

4. Phase 1 trail works

6.1-11

ToC AAC feedback summary


6.1-12

12


1. Accessibility drop off area

• Mixed interest amongst the ctte; some are supportive

others have safety concerns

2. Priority parking spaces at main lot

• Not supportive of priority parking spaces

• Would prefer design modifications to include AODA

parking (ex: addition of picnic or rest area)

January 26, 2017

6.1-13

13


3. Tactile walking surface indicator at drop off

• Support for this enhancement

4. Phase 1 trail works

• Reference to Integrated Accessibility Standards from

Ontario Regulation 191/11

• Ex: Crawford lake CA

January 26, 2017

6.1-14

14


5. Signage

• For pedestrians: Roadside walkway incline/slope

• For vehicles: Direction required to use accessible

drop off

• For vehicles: If time limits on parking, additional time

for AODA

January 26, 2017

6.1-15

AAC feedback and discussion


6.1-16

16

1. Accessible drop off area?

1. We can create accessible parking at the main viewing area.

A. Is the AAC supportive of parking at the main viewing

area?

B. If supportive, would the AAC prefer a) one parking

space, b) an accessible drop off or c) a parking space

that is converted to a drop off on weekends and

holidays?

6.1-17

17

6.1-18

18

6.1-19

19

2. Priority parking spaces in main parking lot?

2. We can create designated parking spaces in the main lot to

allow for parking for those who can benefit from its use.

C. Is the AAC supportive of the creation of priority parking

spaces in the main parking lot?

D. Are there any additional improvements we can

incorporate?

6.1-20

20

6.1-21

21

3. Tactile walking surface indicators at drop off?

3. Currently considering adding a tactile walking

surface indicator at the accessible drop off area.

E. Is the AAC supportive of implementing this feature?

6.1-22

22

6.1-23

23

4. Accessibility enhancements to Phase 1 trails

4. As part of the proposed phase 1 trail works, a basic

temporary Bruce Trail may be established linking the

parking areas to the Badlands feature. We are currently

working with the NEC to determine feasible options.

F. Is the AAC supportive of the concept?

G. Are there any features you recommend we consider as

part of the Phase 1 trail works?

6.1-24

24

6.1-25

25

5. Other accessibility enhancements for Phase 1?

5. Are there any other accessibility enhancements for the

Phase 1 trail works and safety improvements?

G. Does the AAC have any other recommended accessibility

enhancements for us to consider?

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26

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27

6. Options for feedback to Master Plan

6. The planning team values feedback and would like to know the AAC’s preferred method to provide feedback to the Master Plan (including trail upgrades in 2017 and beyond)

H. Is the AAC interested in any of the following feedback opportunities?

a. Additional presentation to AAC to cover preferred site concept and operational considerations.

b. Added to the circulation list for public consultation materials

c. Other ideas?

6.1-28

28

Master plan trails and infrastructure

• Planning team is working on developing the

preferred concept

• Public meeting planned for March 2017

• We’ll return to AAC to receive feedback on trails and

infrastructure being proposed

• Ramps, trail surface, rest areas, signage

6.1-29

29

Next steps

• Provide written feedback to us

• Due in 2 weeks

• Presentation at subsequent AAC meeting?

6.1-30

https://www.google.ca/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwie4cvwy8fRAhVEQyYKHbHDBxcQjRwIBw&url=https://clipartfest.com/categories/view/bmV4dCBzdGVwIGNsaXBhcnQ%3D/next-step-clipart.html&psig=AFQjCNF6TV49W2KFXEv2yhUKMASFoeHOMQ&ust=1484687973107360

30

Contact:

Kendrick Doll

Acquisition and Conservation Services

Ontario Heritage Trust

416-314-5988

[email protected]

6.1-31

of 2

Feedback to Accessibility Enhancement Options at the Cheltenham Badlands Region of Peel Accessibility Advisory Committee Meeting

February 16, 2017

Feedback Discussion Questions:

1. Accessible drop off area? We can create accessible parking at the main viewing area.

A. Is the AAC supportive of parking at the main viewing area?

B. If supportive, would the AAC prefer a) one parking space, b) an accessible drop off or c) a parking space that is converted to a drop off on weekends and holidays?

2. Priority parking spaces in main parking lot? We can create designated parking spaces in the main lot to allow for parking for those who can benefit from its use.

C. Is the AAC supportive of the creation of priority parking spaces in the main parking lot?

D. Are there any additional improvements we can incorporate? 3. Tactile walking surface indicators at drop off? We are currently considering adding a tactile walking surface indicator at the accessible drop off area.

E. Is the AAC supportive of implementing this feature?

6.1-32

of 2

4. Accessibility enhancements for Phase 1 trail improvements As part of the proposed phase 1 trail works, a basic temporary Bruce Trail may be established linking the parking areas to the Badlands feature. We are currently working with the NEC to determine feasible options.

F. Is the AAC supportive of the concept?

G. Are there any features you recommend we consider as part of the Phase 1 trail works? 5. Other accessibility enhancements for Phase 1? Are there any other accessibility enhancements for the Phase 1 trail works and safety improvements?

H. Does the AAC have any other recommended accessibility enhancements for us to consider? 6. Options for feedback to Master Plan The planning team values feedback and would like to know the AACs preferred method to provide feedback to the Master Plan (including trail upgrades in 2017 and beyond).

I. Is the AAC interested in any of the following feedback opportunities? a. Additional presentation to AAC to cover preferred site concept and operational

considerations.

b. Added to the circulation list for public consultation materials

c. Other ideas?

6.1-33

Title of Presentation Accommodation for

Persons with Disability

Policy Framework (2)

To: Region of Peel Accessibility Advisory Committee

By: Debra Wight, Manager Workplace Health, Safety & Wellness

Date: January 2017

7.1-1

Policy Framework Policy: Outlines commitment,

guiding principles, confidentiality,

and roles & responsibilities

Procedures: Outlines detailed

steps for reasonable

accommodation throughout

Employment Cycle

Guidelines: User friendly

guidelines/ booklet for

Accommodation and Return to

Work in plain language

7.1-2

Policy Update

Updated Policy now includes

the term ‘barrier-free’

7.1-3

Employment Cycle 7.1-4

Accommodation During Recruitment Phase

Written interview questions may be shared with interviewees during interview, upon request

Alternative formats are available, upon request

7.1-5

Website Update

The Region is working on

strengthening

communications regarding

accommodation process

during recruitment

7.1-6

Accommodation Statistics

In 2016, there were 465 work accommodations implemented

7.1-7

CATEGORY: HUMAN RESOURCES SUBCATEGORY: HEALTH, SAFETY & WELLNESS SUBJECT: ACCOMMODATION FOR PERSONS WITH DISABILITIES

12/2016

Corporate Policy Number: HR03-32 Policies Page: 1 of 9

A. PURPOSE This policy outlines the Region of Peel’s (Region’s) obligations and responsibilities related to the accommodation for persons with disabilities throughout their employment cycle. Its intent is to create a framework for fostering an inclusive, supportive and barrier-free workplace culture for persons with disabilities. B. SCOPE This policy applies to all Region employees throughout the employment cycle and job applicants who may need accommodation during the recruitment process at the Region.

It aligns with the Diversity & Inclusion Charter of Peel, our Regional Values, and all applicable legislative requirements. The requirements set out in this policy do not replace or substitute the requirements established under Ontario’s Human Rights Code and do not limit any obligations to persons with disabilities under any other legislation. As such, this policy shall be interpreted consistent with the:

• Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (AODA) • Ontario Regulation 191/11 Integrated Accessibility Standards (IASR), (refer to

Part III Employment Standards) • Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32 (ODA) • Human Rights Code, R.S.O. 1990, c. H.19 • Workplace Safety & Insurance Act, 1997, S.O. 1997, c. 16, Schedule A

In addition, this policy shall be interpreted consistent with Regional policies including but not limited to the following:

• Policy HR02-01 Code of Conduct • Policy GOO-20 Accessibility • Policy HR03-01 Healthy Workplace

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http://pathways.peelregion.ca/images/exec_office/Diversity%20and%20Inclusion/Diversity_Charter_-_signed.pdf

http://pathways.peelregion.ca/corpinfo/exec_office/corp-policy/RV%20Poster.pdf

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_110191_e.htm

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01o32_e.htm

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm

http://eim.peelregion.ca/llprd/llisapi.dll/46721749/HR02-01_Code_Of_Conduct.pdf?func=doc.Fetch&nodeid=46721749&viewType=1

http://eim.peelregion.ca/llprd/llisapi.dll?func=ll&objId=47466704&objAction=download&viewType=1

http://eim.peelregion.ca/llprd/llisapi.dll/46721578/HR03-01_Healthy_Workplace.pdf?func=doc.Fetch&nodeid=46721578&viewType=1


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C. DEFINITIONS:

Accommodation: The arrangements made or assistance provided so that persons with disabilities can participate in employment experiences available to persons without disabilities. Accommodation will vary depending on the unique needs of the employee or job applicant. Accessibility: The absence of barriers which prevent persons and/or groups from fully participating in all aspects of employment. Barriers: Obstacles that impede persons with disabilities from fully participating in all aspects of society because of their disability. Barriers include attitude, technology, architectural/structural, information and communication, and systemic.

Disability: All disabilities protected in the Human Rights Code, R.S.O. 1990, Ch.H.19 and is defined in sec.10 of the Code as:

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. 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.

For purposes of this policy, a disability may be either temporary or permanent in nature.

Duty to Accommodate: The obligation of an employer to take steps to eliminate the disadvantage caused by systemic, attitudinal, or physical barriers that exclude

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persons or groups protected under the Human Rights Code from participating in all aspects of employment. There is an obligation to explore all accommodation options and to implement an accommodation solution that is reasonable. Every accommodation request must be fully considered, and may be refused if the request is not related to a Human Rights Code-related need or undue hardship can be demonstrated. Employee: Any person hired by the Region on a regular, contract, temporary or casual basis, working either full-time or part-time hours. Essential Duties: The main job tasks of a position that an employee or job applicant must be able to perform, with or without reasonable accommodation, in order to achieve the overall objective of the position. Job Applicant: A person who has applied to work at the Region and requires accommodation in order to participate during the recruitment process.

Protected/Prohibited Grounds: The criteria for protection under the Human Rights Code. Every person has the right to equal treatment on the basis of the following: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, receipt of public assistance, age, record of offences, marital status, family status, or disability. Region: The Regional Municipality of Peel. Supervisor: This refers to an individual who has full supervisory responsibility for an employee, or is responsible for making hiring decisions within the Region. For the purpose of this policy, this may include Supervisor, Manager, Director, Commissioner, or Chief Administrative Officer, as applicable. Undue Hardship: This refers to the extent to which an employer must attempt to accommodate the needs of an employee or job applicant on protected grounds under the Human Rights Code. The Code prescribes three considerations in assessing whether an accommodation could cause undue hardship: cost, outside sources of funding and health and safety considerations. Note: Budgetary restrictions cannot be assumed to be a barrier to accommodation. If the costs of providing necessary accommodations are an issue, please consult with the Disability Management Supervisor in Human Resources who will escalate the request, as required.

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D. POLICY

1. STATEMENT OF ORGANIZATIONAL COMMITMENT

The Region is committed to:

a) Ensuring that each person with a disability will be considered individually, on a case-by-case basis, in order to determine accommodation requirements.

b) Achieving a culture and work environment that is inclusive, barrier-free and supportive of employees with disabilities.

c) Ensuring compliance with all applicable legislation, collective agreement provisions and Regional policies.

d) Establishing an accommodation process that is consistent with principles of confidentiality and shared responsibility.

e) Clarifying roles and accountabilities for all workplace parties within the Region for the accommodation process.

within the guidelines of the Human Rights Code and up to the point of undue hardship.

2. GUIDING PRINCIPLES Guiding principles for accommodating persons with disabilities at the Region include:

a) Shared accountability and responsibility, amongst all workplace parties, including the person requiring accommodation, supervisor, union, and the Region.

b) Respect for the dignity of each person by ensuring that accommodations and

assistive devices are provided to meet specific circumstances, while at the same time working to ensure general accessibility for all employees in terms of spatial and physical requirements.

c) Consultation involving the person requiring accommodation, supervisor, union

and the Region. d) Inclusive process to ensure that the person requiring accommodation is involved

in the plan design.

e) Respect for confidentiality.

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12/2016


f) Equitable treatment for all persons with disabilities. A consistent process will be used for all persons requiring accommodation, whether the source of their injury or illness is occupational or non-occupational.

g) Consideration of health and safety for persons with disabilities, co-workers and the public when developing an accommodation plan.

h) Integration of accommodation activities for persons with disabilities considered throughout the employment cycle.

i) Availability of meaningful work that is within the employee’s capabilities and skill set.

j) Hierarchy for accommodation is as follows:

i. Pre-injury position, with or without accommodation. ii. Comparable available position within the same Division, with or without

accommodation. iii. Comparable available position within the same Department, with or

without accommodation. iv. Appropriate available alternative work within the Region, with or without

accommodation. The Region will strive to accommodate unionized employees within their own union, if possible.

3. CONFIDENTIALITY

In order to facilitate the accommodation process, the Region may ask the employee or job applicant to provide information pertaining to their disability (i.e. nature of disability, limitations, and anticipated duration). The information will be managed in a manner that is consistent with the requirements outlined in the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, as appropriate. Where the accommodation process requires the release of confidential information to a third party (such as an external assessor), the third party, and any person or department delegated by that third party, will be required to ensure that confidentiality is protected, that the information obtained is kept in a secure location, and used solely for the purpose that the release was required. Personal information concerning an employee or job applicant’s disability will not be released to a third party by the Region without the prior written consent of the individual.

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The Region will not request any confidential health information. Notwithstanding, any health information that is received which indicates diagnosis or that could reasonably suggest diagnosis is considered confidential by Disability Management Services section of Human Resources and will not be accessible or disclosed to any workplace parties.

If an employee or job applicant voluntarily discloses medical information to their supervisor, union, or the Region, staff will maintain the confidentiality of this information, unless the employee or job applicant authorizes its release.

E. RESPONSIBILITIES

All employees are responsible for supporting this policy’s objectives and principles. Supervisors recognize that they bear special responsibility in ensuring that their actions are in compliance with the policy and the legislated requirements of the Human Rights Code and the Workplace Safety and Insurance Act.

1. Supervisor: Supervisors are responsible for:

a) Ensuring the policy is consistently and fairly applied in their area of responsibility.

b) Responding promptly to all accommodation requests.

c) Inquiring if an employee requires accommodation or assistance in the event that they may have a disability and does not ask for help.

d) Keeping a record of the accommodation request and action taken, and ensuring

that appropriate confidentiality is maintained.

e) Working in partnership with the employee, Human Resources and any internal or external resources that are utilized, to identify and implement accommodation requirements.

f) Providing accommodation to the extent it does not cause undue hardship.

g) Implementing and overseeing accommodations within work unit, facilitating the

integration of the employee being accommodated, and ensuring a supportive and barrier-free work environment.

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2. Persons with Disabilities

Employees requesting accommodation are responsible for:

a) Advising their supervisor of accommodation needs, preferably in writing. This initiates the accommodation process.

b) Cooperating in the accommodation process, including but not limited to:

i. Answering questions and providing information regarding relevant restrictions or limitations, including information from health care providers, where appropriate, and as needed.

ii. Facilitating the identification of accommodation solutions.

iii. Working with any experts whose assistance is required to manage the

accommodation process.

c) Working with their supervisor to ensure that performance and job standards are feasible and appropriate based on the disability and the essential duties of the position.

d) Complying with the accommodation plan.

e) Advising their supervisor immediately of any change in circumstance that affects the accommodation plan.

Job applicant requesting accommodation is responsible for:

f) Advising the hiring supervisor or Human Resources staff of any accommodations that may be required during the recruitment process.

The Region is committed to ensuring that job applicants are only asked to respond to questions during the recruitment process that relate to their skills, abilities and qualifications for the position.

3. Human Resources Human Resources is responsible for:

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a) Ensuring the policy is interpreted and consistently applied throughout the organization to promote the Region’s interest in supporting a healthy, safe, inclusive and barrier-free work environment.

b) Maintaining confidential information as required under this Policy.

c) Acting as a resource for all workplace parties in resolving, tracking and

monitoring any employee accommodation issues within the Region.

d) Tracking and maintaining statistics on accommodation, including reports and statistics on the types and costs of accommodations made (without identifying persons).

e) Referring issues appropriately to the Director, Human Resources, as required.

The Director of Human Resources is responsible for:

f) Assuming overall accountability for the interpretation, application and maintenance of this policy.

g) Facilitating the resolution of any disputes concerning accommodation.

h) Requesting appropriate resources for training and accommodations.

i) Reviewing this Policy regularly and making changes, as required.

4. Executive Leadership Team

Executive Leadership Team is responsible for:

a) Assuming overall accountability for the Region’s Accommodation for Persons with Disabilities Policy and Program, including ensuring the Region is in compliance with all legislative requirements.

b) Ensuring appropriate resources and services are available to carry out accommodation under this Policy.

5. Unions

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12/2016


Under the Human Rights Code, Unions are expected to take an active role as partners in the accommodation process. As such, they share a joint responsibility with the Region for promoting accommodation and supporting employees with disabilities. Unions are encouraged to:

a) Act as a support or representative for unionized employees with disabilities.

b) Accompany unionized employees with disabilities to disability management meetings, when requested by the employee.

c) Take an active role in suggesting and testing alternative approaches, and cooperate fully when solutions are proposed.

d) Respect the privacy of the person requesting accommodation.

APPROVAL SOURCE: C16-01; Director of Human Resources (December 2016) ORIGINAL DATE: April 1, 2016 LAST REVIEW DATE: December 20, 2016 LAST UPDATE: December 20, 2016 EFFECTIVE DATE: December 20, 2016 RESPONSIBILITY: Corporate Services/Human Resources/Workplace Health,

Safety & Wellness

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REPORT Meeting Date: 2017-02-16

Accessibility Advisory Committee

For Information

DATE: February 8, 2017

REPORT TITLE: ACCESSIBILITY PLANNING PROGRAM UPDATE – FEBRUARY 16,

2017

FROM: Lorraine Graham-Watson, Commissioner of Corporate Services

OBJECTIVE

To provide an update on the activities undertaken by the Region of Peel Accessibility Planning Program (AP) and the Accessibility Advisory Committee (AAC) since the November 17, 2016 AAC meeting.

REPORT HIGHLIGHTS

The Accessibility Advisory Committee and Accessibility Planning Program were involved

in various activities during this period, which are categorized as follows:

o Consultation and Compliance Support provided to Regional Programs;

o Participation in Community Events

The report also highlights upcoming events.

Background

The main objective of the Region of Peel’s Accessibility Planning Program (AP) is to ensure that Regional programs, services and facilities continue to be inclusive and accessible for persons with disabilities. In order to accomplish this objective, the Accessibility Planning Program works collaboratively with all Regional departments and the Region of Peel Accessibility Advisory Committee (AAC). Activity List

The following are the activities the AP and the AAC have been involved in since the last AAC report was presented on November 17, 2016. The activities have been divided into two categories: Consultation and Compliance Support and Participation in Community Events.

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ACCESSIBILITY PLANNING PROGRAM UPDATE – FEBRUARY 17, 2017

- 2 -

Consultation and Compliance Support

a) Region of Peel International Day of Persons with Disabilities (IDPD) Commemoration

2016 IDPD was commemorated from November 21 – December 6. The AP program launched an educational campaign to raise staff awareness about the new Regional Alternate Format policy G00-23. Six stories were developed and posted on the Region’s intranet also known as Pathways. Each story contained a specific message and links to supporting resources and a video showcasing a human story. Stories were posted on November 22, November 25, November 29, December 2 and December 6. Story postings were supported by information booths at Regional facilities to provide information and increase staff awareness of the accessibility program and the Alternate Format policy. Program staff and members of the AAC were present at these information booths at the following Regional locations and dates: 1. November 22 – 10 Peel Center Drive

2. November 25 - 7120 Hurontario Street

3. November 29 – 10 Peel Center Drive

4. December 2 – 2 Copper Road

5. December 6 – 7120 Hurontario Street On December 2, 2016, the Region of Peel’s Transhelp program celebrated its 35th anniversary of delivering accessible transportation services in Peel. AAC chair Naz Husain was invited to speak on behalf of the AAC. An information display was also set up at the event.

b) Region of Peel second Multi-Year Accessibility Plan

Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the Region of Peel will be refreshing its multi-year accessibility plan. The first multi-year accessibility plan was prepared in 2012, which reported on the accessibility action items for 2013-2017. AP staff are currently reviewing the various formats used by other organizations to prepare their multi-year plans. We will incorporate the best practices available to create an improved and more reader-friendly plan. AAC members will be engaged to get their feedback and comments during the preparation of the Region’s 2nd multi-year accessibility plan.

c) AODA Mandatory Training Requirements

In 2016, all five of the accessibility standards were harmonized into the Integrated Accessibility Standards Regulation (IASR). The five standards are Customer Service, Information & Communications, Employment, Built Environment and Transportation.

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ACCESSIBILITY PLANNING PROGRAM UPDATE – FEBRUARY 17, 2017

- 3 -

Program staff are working with the Learning and Development program to update the existing training modules to reflect the harmonized IASR requirements. During the week of December 12, 2016, the AP program launched an internal communication on Pathways to remind Regional staff of the mandatory AODA training requirement. The program has been working with HR to ensure that all new hires in the Region complete this mandatory training.

Community Events

None

Upcoming Events 2017 National Access Awareness Week (NAAW)

The AP program will begin planning to commemorate the 2017 NAAW, which takes place in the first week of June. AAC will be engaged in the planning of this event.

CONCLUSION This report summarizes the activities and consultations that the AP program and the AAC members have participated in since November 17, 2016. The AAC and AP program will continue to engage in activities that support the Region of Peel’s primary accessibility objective of ensuring Regional programs, services and facilities continue to be inclusive and accessible for all persons with disabilities and respond to our evolving community needs.

Lorraine Graham-Watson, Commissioner of Corporate Services Approved for Submission:

D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Meenu Sikand; Accessibility Planning Specialist ext. 4778 .

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OHRC policy position on medical documentation to be provided when a disability-related accommodation request is made

Under the Ontario Human Rights Code (Code), employers, unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard at work, at school, in housing, or any of the other "social areas" covered by the Code.

The duty to accommodate exists to the point of "undue hardship." The Code only allows for three considerations when assessing whether an accommodation would cause undue hardship; these are: cost, outside sources of funding (if any), and health and safety requirements (if any).

Accommodation may mean making rules, policies, practices or procedures more flexible to make sure that people with disabilities are able to participate. It may also mean making changes to the built environment to remove barriers for people with disabilities.

The role of medical professionals in the accommodation process

Medical professionals have an important role to play when people with disabilities seek accommodation to allow them to benefit equally from and take part in services (such as education), housing or the workplace. To implement appropriate accommodations, schools, employers and other organizations covered by the Code often rely on the expertise of medical professionals to understand the functional limitations and needs associated with a disability. People seeking accommodations often rely on physicians or other medical professionals to provide clear, timely information about their disability-related needs, while still respecting their privacy interests.

The type and scope of medical information needed

It has come to the OHRC's attention that there may be some confusion about the type and scope of medical information that needs to be provided to support an accommodation request. In some cases, people with disabilities have been unable to gain equal access to services or employment because of ambiguous or vague medical notes that do not provide enough information to allow for appropriate accommodations to be meaningfully implemented.

There are also situations ~here employers and others have requested personal medical information that goes beyond what is required to support an accommodation request. Overbroad requests for private medical information - such as diagnostic information -undermine the dignity and privacy of people with disabilities. The ongoing stigma

Ontario

Ontario Human Rights Commission Commission ontarienne des droits de la personne

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63262

Receipt

associated with many disabilities, especially and including mental health disabilities, means that requests for diagnostic information may pose a barrier to a person with disabilities proceeding with their accommodation request.

In September 2016, the Ontario Human Rights Commission (OHRC) released its newly updated Policy on ableism and discrimination based on disability. The new policy sets out important information about the role of medical documentation in the accommodation process.

Section 8.7. "Medical information to be provided," sets out detailed guidance about the type and scope of medical information to be provided to support an accommodation request. This information should include:

• that the person has a disabilitylll • the limitations or needs associated with the disability • whether the person can perform the essential duties or requirements of the job, of

being a tenant, or of being a service user, with or without accommodation • the type of accommodation(s) that may be needed to allow the person to fulfill the

essential duties or requirements of the job, of being a tenant, or of being a service user, etc.

• in employment, regular updates about when the person expects to come back to work, if they are on leave.

Where more information about a person's disability is needed, the information requested must be the least intrusive of the person's privacy while still giving the organization enough information to make an informed decision about the accommodation.

To implement appropriate accommodations that respect the dignity and privacy interests of people with disabilities, the focus should always be on the functional limitations associated with the disability, rather than a person's diagnosis.

Generally, the accommodation provider does not have the right to know a person's confidential medical information, such as the cause of the disability, diagnosis, symptoms or treatment, unless these clearly relate to the accommodation being sought, or the person's needs are complex, challenging or unclear and more information is needed. For more detailed information, see the OHRC's Policy on ableism and discrimination based on disability.

ill See section 2 of the policy, 'What is disability?'' for more detailed information about the legal definition of disability.

Ontario Human Rights Commission I 2

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Now and TomorrowExcellence in Everything We Do

Accessibility Legislation

What does anACCESSIBLE CANADA

mean to you?

DISCUSSION GUIDE

8.2-1

63262

Receipt

What does an accessible Canada mean to you?

This publication is available for download at canada.ca/publicentre-ESDC

It is also available upon request in multiple formats (large print, Braille, audio cassette, audio CD, e-text diskette, e-text CD, or DAISY), by contacting 1 800 O-Canada (1-800-622-6232). By teletypewriter (TTY), call 1-800-926-9105.

© Her Majesty the Queen in Right of Canada, 2016

For information regarding reproduction rights: [email protected]

PDF Cat. No.: Em4-9/2016E-PDF ISBN/ISSN: 978-0-660-05482-7

ESDC Cat. No.: SSD-160-06-16

8.2-2

http://canada.ca/publicentre-ESDC

mailto:droitdauteur.copyright%40HRSDC-RHDCC.gc.ca%20?subject=

Table of Contents

Message from the Honourable Carla Qualtrough,Minister of Sport and Persons with Disabilities

1

1. Consultation Objectives 3

2. Attitudes and Awareness 4

3. Background and Context to the Developmentof Accessibility Legislation

4

3.1. Canada’s Constitutional Framework 4

3.2. Making Laws at the Federal Level 5

3.3. Existing Federal Law in Relation to Canadians with Disabilities 5

3.4. United Nations Convention on the Rights of Persons with Disabilities

6

3.5. Accessibility Laws in Other Jurisdictions 6

4. Topics for Discussion on Accessibility Legislation 74.1. What is the goal of the legislation? 7

4.2. What approach should the legislation take to improveaccessibility and remove barriers?

7

4.3. Who should be covered by the legislation? 8

4.4. What accessibility issues and barriers shouldthe legislation address?

9

4.5. How should compliance with the legislation be monitored and enforced?

10

4.6. How should organizations be supported to improve accessibility?

11

4.7. How will we know if the legislation is effective in improving accessibility and removing barriers?

11

5. How to Reach Us 12

Privacy Notice Statement 13

8.2-3

Accessibility Legislation What does an accessible Canada mean to you? ¡ DISCUSSION GUIDE 1

Message from the Honourable Carla Qualtrough,Minister of Sport and Persons with Disabilities

In Canada we’ve made considerable progress in making our society more inclusive.We see this throughout our communities. But there is still work to do.

Canadians with disabilities continue to face barriers in their daily lives. Persistent gapsremain in areas such as employment, income and social inclusion.

As Minister of Sport and Persons with Disabilities, I have been asked to lead a consultationprocess that will inform the development of new accessibility legislation.

Canadians with disabilities, their families, and the organizations that represent them have been integral to many of the advancements Canada has made in accessibility.To draw on this knowledge and experience, as well as that of businesses, community organizations and government partners, the Government of Canada is conducting consultations to gather input on options for the new legislation.

We have a long road ahead, but this is a big step in helping to ensure our communitiesbecome more inclusive for all Canadians.

What does an accessible Canada mean to you? Please take the time to participatein our online consultation or attend one of our in-person public sessions.

Together, we will make history.

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1. Consultation Objectives

Canadians, communities and workplaces benefit when everyone can participate equally in everydaylife. There has been much progress in making our society more inclusive, but we can do better.

This is why the Government of Canada is committed to developing new accessibility legislationto promote equality of opportunity and increase the inclusion and participation of Canadians who have disabilities or functional limitations.

Many Canadians continue to face barriers that affect their ability to participate in daily activities that most people take for granted. These could include:

¡ physical and architectural barriers that impede the ability to move freely in the built environment, use public transportation, access information or use technology;

¡ attitudes, beliefs and misconceptions that some people may have about peoplewith disabilities and what they can and cannot do; and

¡ outdated policies and practices that do not take into account the varying abilitiesand disabilities that people may have.

In developing this new legislation, the Government of Canada is consulting Canadiansboth in person and online.

The Government of Canada is seeking your ideas for this new legislation, including:

¡ feedback on the overall goal and approach;

¡ whom it should cover;

¡ what accessibility issues and barriers it should address;

¡ how it could be monitored and enforced;

¡ when or how often it should be reviewed;

¡ how and when to report to Canadians on its implementation; and

¡ how to more generally raise accessibility awareness and support organizationsin improving accessibility.

How to Participate

The purpose of this guide is to encourage and facilitate discussion. Questions are includedthroughout to solicit your views on what the legislation could look like.

There are several ways for you to get involved: attend one of the many in-person engagement sessions taking place in communities across the country, participate online, or provide your comments by email, phone, fax, TTY, ASL and LSQ video, or mail. Contact information is provided in the section entitled “How to Reach Us” at the end of this guide.

All of the feedback we receive will be incorporated into reports that will be made available online on the consultation website at Canada.ca/Accessible-Canada and in alternate formats, on request.

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http://www.Canada.ca/Accessible-Canada

4 Accessibility Legislation What does an accessible Canada mean to you? ¡ DISCUSSION GUIDE

2. Attitudes and Awareness

We all have a role to play in improving accessibility. From individuals to community organizations, businesses to governments, there are actions we can take to build a more inclusive society.

Accessibility legislation is an important step. Experience shows, however, that no matter howwell designed legal measures are, legislation on its own is only part of the answer. To achievelasting change, accessibility has to become part of our everyday thinking.

To help do this, legislation would be complemented by various initiatives to raise awareness of the importance and benefits of accessibility and of what individual Canadians and organizationscan do, in general, to improve accessibility and remove barriers.

Ultimately, the objective is for all of us to see accessibility differently—not as a series of boxes to check off to show we’ve done the minimum required, but as an integral part of everything we do.

Questions for feedback

¡ How can the Government of Canada raise awareness of and change attitudesin relation to accessibility (in the short term and long term)?

¡ How can the Government of Canada show leadership in improvingaccessibility and removing barriers for Canadians with disabilities?

¡ Do you have examples of collaborative models that have led to the creationof shared expectations and sustained culture change within organizations in relation to accessibility?

3. Background and Context to the Developmentof Accessibility Legislation

3.1. Canada’s Constitutional Framework

In Canada, lawmaking power is divided between the Parliament of Canada and the provincial and territorial legislatures. The Parliament of Canada passes laws in areas under federal jurisdiction, such as banking, broadcasting and cross-border transportation. Provincial/territorial legislatures pass laws in areas such as education, social assistance and municipal government.

Accessibility legislation passed by Parliament would apply to organizations and areas under federal jurisdiction.

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3.2. Making Laws at the Federal Level

Legislation has two main parts: An Act and regulations.

An Act is a law that has been passed by the Parliament of Canada. It is a legal statement that sets out goals in a particular area and provides authority to carry out certain activities. A draft act, called a bill, is introduced to Parliament and requires the approval of the House of Commons,the Senate and the Governor General of Canada to become law.

Regulations, which are sometimes referred to as delegated or subordinate legislation, set out the specific rules and procedures for carrying out the goals of an Act. Like Acts, they have binding legal effect. However, they are not made by Parliament, but by persons or bodies to whom Parliament has delegated the authority to make them, such as the Governor in Council (Cabinet), a Minister or an administrative agency. Authority to make regulations must be expressly delegated by an Act.

3.3. Existing Federal Law in Relation to Canadians with Disabilities

Canada has a number of laws in place that protect the human rights of Canadians with disabilities and promote income security and equal employment opportunities. These include, for example, the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the Employment Equity Act. As well, the Government of Canada has standards and regulations in a number of areas—including broadcasting, telecommunications and transportation—to improve accessibility and remove barriers for Canadians with disabilities.

In general, Canada’s current legal approach to disability is focused on protecting the human rights of Canadians with disabilities and relies on individual complaints to address what can be larger, systemic issues. In our system, the onus is usually on the person who has experienced discrimination to then seek recourse. This process can be challenging for individuals and has been slow to address ongoing inequalities and lack of accessibility.

It is envisioned that, by taking a proactive and systemic approach to improving accessibility and removing barriers, legislation would complement the laws that already exist in Canada to protect the human rights of Canadians with disabilities and build on existing federal accessibility standards and regulations.

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3.4. United Nations Convention on the Rights of Personswith Disabilities

Canada’s ratification of the Convention on the Rights of Persons with Disabilities in March 2010 reaffirmed the Government of Canada’s commitment to ensure greater accessibility and opportunities for persons with disabilities. The Convention covers a wide range of topics related to accessibility and inclusion. For example, Article 9 of the Convention calls on governments to take appropriate measures to ensure persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, and to other facilities and services open or provided to the public. Accessibility legislation will support the Government of Canada’s ongoing implementation of the Convention.

3.5. Accessibility Laws in Other Jurisdictions

Various countries around the world have introduced accessibility legislation, including, for example, the United States (Americans with Disabilities Act; ada.gov (only available in English)) and Australia (Disability Discrimination Act; humanrights.gov.au (only available in English)). In Canada, Ontario (Accessibility for Ontarians with Disabilities Act; Ontario.ca/page/accessibility), Manitoba (Accessibility for Manitobans Act; accessibilitymb.ca) and Quebec (Loi assurant l’exercice des droits des personnes handicapées en vue de leur intégration scolaire, professionnelle et sociale; ophq.gouv.qc.ca) have introduced such legislation. Nova Scotia has announced its intention to do so, and British Columbia, as part of its Accessibility 2024 action plan, has said that it will consult on options for legislation in that province.

Each of these laws takes a different approach to improving accessibility—some, for example, take a regulatory approach, while others use less prescriptive performance goals—which reflects the unique circumstances of each jurisdiction. We can, however, still learn from the experiences of these other jurisdictions. For example, how were individuals and organizations engaged in the development of the laws, and what supports are provided to help organizations improve accessibility and remove barriers?

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http://www.ada.gov

http://www.humanrights.gov.au

http://www.Ontario.ca/page/accessibility

http://www.accessibilitymb.ca

http://www.ophq.gouv.qc.ca


4. Topics for Discussion on Accessibility Legislation

4.1. What is the goal of the legislation?

The overall goal of the legislation is to increase the inclusion and participation of Canadiansin society and promote equality of opportunity by improving accessibility and removing barriers in areas of federal jurisdiction.


¡ Do you have any input regarding this goal?

¡ How should the legislation define “accessibility” and/or “barrier”?

4.2. What approach should the legislation take to improveaccessibility and remove barriers?

Research suggests that accessibility legislation in other jurisdictions has taken one of two broad approaches: 1) a prescriptive approach that sets out specific accessibility requirements in law or 2) an outcome-based approach that identifies desired outcomes and establishes a planning and reporting process that organizations are to follow to achieve those outcomes. These approaches aren’t mutually exclusive, however, and aspects of one can be used in the other.

Prescriptive Approach

With a more prescriptive approach, the legislation could:

¡ provide authority for the Government of Canada to use regulations to establishdetailed accessibility standards in areas of federal jurisdiction;

¡ describe the process or processes that the Government would use to develop the accessibility standards, as well as the areas or activities to which the standardswould apply; and

¡ describe compliance measures that the Government would use to ensurethe accessibility standards have been implemented appropriately.

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Outcome-Based Approach

With an outcome-based approach, the legislation could set accessibility objectives that organizations would then try to achieve. With this approach, the legislation could enable collaborative processes for organizations to, for example, develop, publish and implement accessibility plans that would set out specific goals and commitments, as well as strategies for meeting those goals. Compliance could be monitored through measures such as reporting requirements and periodic reviews.


¡ Overall, which approach or approaches do you think would be best for accessibility legislation? Are there other approaches that you would suggest?

¡ If a prescriptive-type approach were to be taken, do you have any input on how standards could be developed?

¡ If an outcome-based approach were to be taken, do you have any input on how accessibility outcomes could be established?

4.3. Who should be covered by the legislation?

The legislation will outline the types of organizations to which it will apply. Within federal jurisdiction, the legislation could potentially apply to:

¡ Parliament of Canada

¡ Departments, agencies and institutionsof the Government of Canada

¡ Federal Crown corporations

¡ Federally-regulated businesses and industries (e.g. banking, broadcasting,cross-border transportation)

¡ Federal courts

¡ Canadian Armed Forces

¡ Royal Canadian Mounted Police

¡ Other federal lands


¡ Are there other organizations within federal jurisdiction that should be coveredby the legislation?

¡ Are there organizations that should be exempt from the legislation?

¡ The legislation could potentially set out different requirements and timelinesfor different types and sizes of organizations. Do you have any comments or suggestions for this?

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4.4. What accessibility issues and barriers shouldthe legislation address?

The legislation could specify the accessibility issues it will address, or describe a processfor identifying these issues, or use some combination of the two.

For example, the legislation could state that it will improve accessibility and remove barriersin specific areas, such as:

¡ the built environment;

¡ program and service delivery;

¡ the procurement of goods and services;

¡ employment;

¡ transportation; and

¡ information and communications.

The legislation could also describe a process that the Government of Canada would followto identify and prioritize areas for improving accessibility and removing barriers. Examples of potential mechanisms include:

¡ Advisory Council—the Government of Canada could create and supporta permanent advisory committee comprised of Canadians with disabilitiesand other stakeholders.

¡ Consultations—the Government of Canada could consult periodically with Canadians with disabilities and other stakeholders.


¡ We have listed six areas where accessibility could be improved. Of these, which are the most important to you? Are there other areas that should be included?

¡ We have listed some potential mechanisms that the legislation could describe for the ongoing identification and prioritization of accessibility issues. What do you think of these mechanisms? Are there other mechanisms you would suggest?

¡ Canada has a number of laws in place to address human rights issues and improve accessibility. Do you have any comments on how the new accessibility legislation could interact with these existing laws? Should the legislation describe a process by which these laws would be reviewed and potentially revised?

¡ Should the legislation build on accessibility standards already developedby provincial/territorial governments and other countries?

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4.5. How should compliance with the legislation be monitoredand enforced?

The legislation would likely contain a section or sections that describe how compliance with the legislation would be monitored and enforced. The exact monitoring and enforcement mechanisms used would depend on the approach or approaches the legislation ultimately takes (i.e. prescriptive or outcome-based).

Potential monitoring mechanisms include:

¡ Action plans—the legislation could require organizations to submit action plans that would detail how they will improve accessibility and remove barriers for personswith disabilities.

¡ Progress reports—the legislation could require organizations to periodically submit progress reports that would detail their progress in improving accessibility and removing barriers.

¡ Reviews and audits—the legislation could detail how action plans and progressreports could be verified through reviews, audits and/or inspections.

¡ Complaints mechanisms—the legislation could detail how Canadians could submit complaints concerning an organization that may not be meeting its obligations under the legislation.

The legislation could also describe mechanisms to address issues of non-compliance. These enforcement mechanisms could include, for example:

¡ An informal or formal mediation process to address compliance issues;

¡ Public reporting of organizations that are non-compliant;

¡ Orders that detail an organization’s areas of non-compliance and give a timeframefor the organization to become compliant; and/or

¡ Monetary penalties.


¡ What monitoring mechanisms do you think should be considered for the legislation(including ones not listed here)?

¡ What enforcement mechanisms do you think should be considered for the legislation(including ones not listed here)?

8.2-12


4.6. How should organizations be supported to improve accessibility?

The legislation could include or be accompanied by programs or supports to help and encourageorganizations to improve accessibility and remove barriers.

Some potential programs or supports include:

¡ Measures that encourage, support and recognize organizations that showaccessibility leadership. This could include, for example, reduced reporting requirements, public recognition and promotion, or monetary incentives;

¡ The creation of a Centre of Expertise on Accessibility and Barrier Removal to provide information and tools to help organizations improve accessibilityand remove barriers; and/or

¡ Financial support for conducting and sharing research and best practiceson accessibility and barrier removal.


¡ Do you have suggestions for how the Government could help organizationsto improve accessibility and remove barriers?

¡ Do you have suggestions for how the Government could encourage, support and recognize organizations that show accessibility leadership?

4.7. How will we know if the legislation is effective in improvingaccessibility and removing barriers?

The legislation could include a section or sections that detail when and how the Government of Canada would report on the implementation and effectiveness of the legislation, and when and how the legislation itself would be reviewed.


¡ In relation to the implementation and effectiveness of the legislation, how oftenwould you want the Government of Canada to report to Canadians?

¡ What kinds of things should this report look at?

¡ How often should the legislation be reviewed?

¡ Are there specific considerations for how any such review should be conducted?

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5. How to Reach Us

The best way to find out more information or to submit your comments is throughthe consultation website: www.Canada.ca/Accessible-Canada

You can also contact us by:

Email: [email protected]

Phone: 1-844-836-8126

TTY: 819-934-6649

Fax: 819-953-4797

Or by mail at the following address:

Consultation – Accessibility Legislation c/o Office for Disability Issues Employment and Social Development Canada105, rue Hôtel de ville, 1st floor, Bag 62 Gatineau, QC K1A 0J9

Prior to submitting comments by mail, email, video, audio or fax, or before calling if you are choosing to participate by telephone, please make sure to review the Privacy Notice Statement at the end of this discussion guide. By submitting your comments, you are consenting to participationin this consultation. You are also consenting to, and acknowledging that, you have reviewed, understood, and agree to the Privacy Notice Statement.

ESDC may choose to publicly reference an individual’s comments. If you would like your name associated with your comments, please indicate in your submission that you consent to your namebeing associated with your comments, and include how you would like your name to appear.

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http://www.Canada.ca/Accessible-Canada

mailto:accessible-canada%40hrsdc.gc.ca?subject=


Privacy Notice Statement

Participation in this consultation is voluntary, and acceptance or refusal to participate will in no way affect any relationship with Employment and Social Development Canada (ESDC)or the Government of Canada.

Information provided to ESDC related to this consultation can be subject to access to information and privacy requests and will be administered in accordance with the Access to Information Act and Privacy Act.

The information is collected under the authority of the Department of Employment and Social Development Act (DESDA) for the 2016–2017 Accessibility Legislation Consultation. It may be used by ESDC, including the Office for Disability Issues, other Government of Canada departments, or other levels of government, for policy analysis and research; however, these uses and/or disclosures of your personal information will never result in an administrative decision being made about you.

Any personal information provided to ESDC will be administered in accordance with the DESDA, the Privacy Act and other applicable laws. However, those providing information are requested not to provide any identifying personal information about themselves or anyone else (other than name, organization and contact information). In the event that you provide unsolicited personal information for the purpose of attribution, your unsolicited personal information could be used in publicly available reports on the consultation and elsewhere as deemed appropriate by ESDC. If personal information is provided by an individual member of the general public (who is not an individual participating in the consultation on behalf of, or as a representative of, a stakeholder organization), ESDC shall make every effort to remove the identifying personal information prior to including the individual’s responses in the data analysis, unless otherwise noted. Your submission, or portions thereof, may be published on Canada.ca, included in publicly available reports on the consultation, compiled with other responses to the consultation in an open-data submission on Open.Canada.ca or shared throughout the Government of Canada or with other levels of government.

You have the right to the protection of, access to and correction of your personal information, which is described in Personal Information Banks ESDC-PSU-914 or ESDC-PSU-938. Instructions for obtaining this information are outlined in Info Source at infosource.gc.ca. Info Source may also be accessed online at any Service Canada Centre.

You have the right to file a complaint with the Privacy Commissioner of Canada regardingthe institution’s handling of your personal information.

To obtain information related to this consultation, a request may be submitted in writingto ESDC pursuant to the Access to Information Act. When making a request, reference should be made to the name of this discussion paper.

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http://www.Canada.ca

http://www.Open.Canada.ca

http://www.infosource.gc.ca

2017 02 16 region of peel accessibility advisory committee … · 2017-10-20 · * see text for...

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