HomeMy WebLinkAbout09 161 Amended Accessibility Standards for Customer Service Policy By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
BY-LAW
NO. 2009 -161
BEING A BY-LAW TO AMEND BY-LAW NO. 2009115 - A BY-LAW TO
ADOPT A POLICY WITH RESPECT TO ACCESSIBILITY STANDARDS FOR
CUSTOMER SERVICE
WHEREAS pursuant to the Accessibility for Ontarians with Disabilities Act, 2005,
S.O. 2005, c.11, the Lieutenant Governor in Council may make regulations
establishing accessibility standards and the accessibility standard shall name or
describe the persons or organizations to which it applies;
AND WHEREAS Ontario Regulation 429/07, Accessibility Standards for
Customer Service, was made under the said Act and applies to municipalities on
and after January 01, 2010;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS with the passage of By-law No. 2009-115 the Council of The
Corporation of the Municipality of Kincardine adopted a policy with respect to
accessibility standards for customer service;
AND WHEREAS Council deems it advisable to amend Schedule 'A' to By-law
No. 2009 -115 with the removal of the clause "The Municipality reserves the right
to require a letter from a physician or nurse confirming that the person requires
the support person for the reasons relating to the disability";
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Accessibility Standards for Customer Service Policy attached
hereto as Schedule "A", be amended by the removal of the clause "The
Municipality reserves the right to require a letter from a physician or nurse
confirming that the person requires the support person for the reasons
relating to the disability".
2. This By-law shall come into full force and effect upon its final passage.
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By-law No. 2009 - 161
Amended Accessibility Standards for Customer Service Policy By-Law
Page 2 of 2
3. This By-law may be cited as the "Amended Accessibility Standards for
Customer Service Policy By-law".
READ a FIRST and SECOND TIME this 4th day of November, 2009
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Clerk
READ a THIRD TIME and FINALLY PASSED this 4th day of November, 2009
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SCHEDULE 'A' BY-LAW NO. 2009-161
POLICY
POLICY NO:
GG.3.8
SECTION:
TITLE/SUBJECT:
GENERAL GOVERNMENT
ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
(Pursuant to Accessibility for Ontarians with Disabilities Act,
2005; Ontario Regulation 429/07)
ADOPTED DATE:
August 5, 2009
REVISION DATE:
PURPOSE
The Municipality of Kincardine is committed to being responsive to the needs of the
community. To do this, we must recognize the diverse needs of individuals and respond
by striving to provide services and facilities that are accessible to all. As a provider of
goods and services, and as an employer, the Municipality of Kincardine is committed to
ensuring its goods or services are provided in an accessible manner.
The Municipality of Kincardine will promote accessibility through the development of
policies, procedures and practices and by ensuring they consider persons with
disabilities. To do so, the Municipality must ensure the policies, procedures and
practices address integration, independence, dignity and equal opportunity.
PRINCIPLES
Reasonable efforts will be made to ensure the following:
(i) That goods or services be provided in a manner that respects the dignity
and independence of persons with disabilities.
(ii) The provision of goods or services to persons with disabilities and others
will be integrated unless an alternate measure is necessary, whether
temporarily or on a permanent basis, to enable a person with a disability to
obtain, use or benefit from the goods or services.
(iii) Persons with disabilities will be given an opportunity equal to that given to
others to obtain, use and benefit from the goods or services.
PROCEDURES AND PRACTICES:
Procedures and practices will strive to reflect or achieve the following:
(i) When communicating with a person with a disability, the Municipality will
do so in a manner that takes into account the person's disability.
(ii) Persons with disabilities requiring a support person or a service animal
should not be restricted in obtaining, using or benefiting from the
Municipality's goods or services.
(iii) Notice is required when facilities or services that people with disabilities
rely on to access Municipality of Kincardine goods or services are
temporarily disrupted.
(iv) Training of staff about provision of goods or services to persons with
disabilities will facilitate the delivery of those goods or services.
(v) The public should have an opportunity to provide feedback on the
provision of goods or services to persons with disabilities.
(vi) The public should have the opportunity to be aware of the availability of
documents related to this policy.
(vii) Municipal documents should be available in formats that take in to account
a person's disability.
(viii) Persons with disabilities should be allowed to use their own personal
assistive devices to obtain, use or benefit from the goods and services
offered by the Municipality.
PROCEDURES
Support Persons
Support person means, in relation to a person with a disability, another person who
accompanies him or her in order to help with communication, mobility, personal care or
medical needs or with access to goods or services.
The Municipality of Kincardine will ensure that a person with a disability, who is
accompanied by a support person, to enter municipal owned and operated public
facilities with their support person and will not prevent the person with the disability
having access to the support person while on the premises. The Municipality reserves
the right to require the person with a disability be accompanied by a support person
when on the premises, if it is considered necessary to protect the health and safety of
the person with a disability or others on the premises.
The Municipality of Kincardine will waive admission fees for support persons who
accompany a person with a disability, into facilities where admission is charged.
(a) The Municipality may require advance notice to facilitate
availability, etc.
(b) Member of public should notify a staff member the presence of the
support person.
(c) If there is confidential information to be disclosed, consent must be
received from the person with the disability.
Service Animals
For the purpose of this policy, a 'service animal' is defined as either:
(i) A "guide dog," as defined in section 1 of the Blind Persons Rights'
Act; or
(ii) A "service animal" for a person with a disability. For the purpose of
this policy, an animal is a service animal for a person with a
disability,
(a) if it is readily apparent that the animal is used by the person for
the reasons relating to his or her disability; or
(b) if the person provides a letter from a physician or nurse
confirming that the person requires the animal for reasons
relating to the disability.
The Municipality of Kincardine will ensure that a person with a disability is permitted to
enter all Municipality of Kincardine owned and operated public facilities with the service
animal and allowed to keep the service animal with him or her unless the service animal
is otherwise excluded by law from the area.
If a service animal is excluded by law from the premises, the Municipality will ensure
that other measures are available to enable the person with a disability to obtain, use or
benefit from the Municipality's goods or services.
Temporary Service Disruptions
If, in order to obtain, use or benefit from a provider's goods or services, persons with
disabilities usually use particular facilities or services of the Municipality (i.e. elevator)
and if there is a temporary disruption in those facilities or services in whole or in part,
the Municipality of Kincardine shall give notice of the disruption to the public.
Notice of the disruption must include information about the reason for the disruption, its
anticipated duration and a description of alternative facilities or services, if any, that are
available.
Notice will be given by posting the information at a conspicuous place on premises
owned or operated by the Municipality, as well as by posting it on the municipal website.
If the Municipality of Kincardine website should expect a temporary service disruption,
advance notice shall be provided on the website where possible, keeping with the
conditions of the service disruption section of this policy.
Training
The Municipality of Kincardine shall ensure that the following persons receive training
about the provision of its goods or services to persons with disabilities:
(a) Every person who deals with members of the public or other third
parties on behalf of the Municipality, whether the person does so as an
employee, agent, volunteer or otherwise.
(b) Every person who participates in developing the Municipality's policies,
practices and procedures governing the provision of goods or services
to members of the public or other third parties.
The training will include a review of the purposes of the Accessibility for Ontarians with
Disabilities Act and the requirements of applicable regulations and instruction about the
following matters:
(a) How to interact and communicate with persons with various types of
disability, as outlined in this policy.
(b) How to interact with persons with disabilities who use an assistive
device or require the assistance of a guide dog or other service animal
or the assistance of a support person, as outlined in this policy.
(c) How to use equipment or devices available on the Municipality's
premises or otherwise provided by the Municipality that may help with
the provision of goods or services to a person with a disability.
(d) What to do if a person with a particular type of disability is having
difficulty accessing the Municipality's goods or services.
The training will be provided to each person as soon as practicable after he or she is
assigned the applicable duties.
The Municipality of Kincardine will retain records of the training, including details of the
training provided, as well as the name of the persons trained, the location of training,
and the date of the training..
The Municipality of Kincardine will customize the training going forward, based on the
actual experiences of the persons with disabilities in Municipality of Kincardine owned or
operated facilities and will provide training on changes to the policies, practices and
procedures governing the provision of goods or services to persons with disabilities.
Feedback Process
The Municipality of Kincardine will receive and respond to feedback about the manner in
which it provides goods or services to persons with disabilities. While the Municipality
will provide a form for submitting feedback, it may be provided in person, by telephone,
in writing, or by delivering an electronic text by email or on diskette or otherwise
Should a member of the public wish to provide a suggestion on how to improve
provision of goods or services to persons with disabilities:
(a) Member of the public will inform Clerk of the suggestion, who will
discuss with the Manager responsible for the department.
(b) Staff member will assist member of the public in filling out the form,
should they require assistance.
(c) Member of the public will be notified in a timely manner of how the
Municipality of Kincardine will proceed with their suggestion.
(d) Staff response should include: an explanation of how we will
implement the suggestion, a response indicating further
investigation or an explanation why we are unable to implement the
suggestion.
Should a member of the public wish to make positive feedback regarding provision of
goods or services to persons with disabilities:
(a) The feedback will be handled pursuant to the Municipality's Mail
Procedure policy.
Should a member of the public wish to make a complaint regarding the provision of
goods or services to persons with disabilities:
(a) The member of the public with the complaint or concern should
have a discussion with the Manager of the staff person who was
involved in the situation.
(b) Should the discussion not resolve the complaint or the member of
the public is uncomfortable discussing the issue, the member of the
public should fill out a complaint form. A staff person can assist the
member of the public with the complaint form in a manner that
takes into consideration their disability.
(c) The information to be documented on the complaint form by the
member of the public shall include their personal contact
information, the date, a description of the complaint, and what the
member of the public requests to resolve the complaint.
(d) The complaint shall be forwarded to the Clerk's Department to be
dealt with as set out in the Municipality's Citizen Complaint policy,
keeping in mind the principles of this policy when communicating
with a person with a disability.
Notice of Availability of Documents
The Municipality of Kincardine will notify persons to whom it provides goods or services
that documents associated with this policy are available upon request. This notice will
be given by posting the information at a conspicuous place at the Municipal
Administration Centre, by posting it on the municipal website, or by such other method
as is reasonable in the circumstances.
Format of Documents
Should the Municipality of Kincardine be required to give a copy of a document to a
person with a disability, the Municipality shall give the person the document, or the
information contained in the document, in a format that takes into account the person's
disability.
Material printed in-house and publications produced on behalf of The Corporation of the
Municipality of Kincardine should contain a note indicating, "alternate formats are
available upon request" and include relevant contact information.
The Municipality of Kincardine and the person with a disability will try to agree upon the
format to be used for the document or information, subject to feasibility requirements of
this policy.
Alternative formats that should be considered by the Municipality of Kincardine and the
person with the disability will include, but are not limited to:
(i) Print Reauests:
Requests for alternative formats should be honoured in the most practical
manner depending on the media chosen, the size and complexity of the
document, the quality and source of the documents, the feasibility of the
request (including the cost) and the number of documents to be
converted. It should be noted that when request for one of these formats
is received and deemed feasible, staff should make every attempt to
respond to the request in the most practical manner and to the satisfaction
of the requestor. If it is determined that the format requested is not
feasible, then other alternative methods of providing the information
should be explored that will still meet the needs of the requestor (e.g.
Audio CD or explaining the information verbally etc.).
(a) Staff members receives request from member of the public for
alternative format.
(b) Employee fills out alternative format request form.
(c) Forwards request to the responsible Manager.
(d) The responsible Manager and the Clerk will determine feasibility,
and
i) if feasible, proceed with alternative format request;
ii) if not feasible; contact individual with feasible solution.
(ii) ASL Interpreter Reauest:
(a) Employee receives request from public for ASL Interpreter.
(b) Employee fills out alternative format request form.
(c) Forwards request to the responsible Manager.
(d) The responsible department contacts Canadian Hearing Society to
make request.
(e) Once Canadian Hearing Society confirms attendance of ASL
Interpreter, the responsible department contacts individual.
(f) If ASL Interpreter is not available, individual will be contacted with
an alternative solution.
Feasibility will be determined based upon cost in relation to size of document and time
associated with processing document requests.
The time frame attached to the conversion process varies depending on the media
chosen, the size, complexity, quality of source documents and number of documents to
be converted. Documents shall be returned in a timely manner depending on the factors
previously noted.
Conversion shall be processed in-house wherever possible. When a member of the
public requests a record of the Municipality in a multiple format, the department of origin
shall be responsible for the cost of the conversion, materials and distribution, not the
public requestor.
In-house printing, where possible, should adhere to the CNIB's Clear Print Standards.
Assistive Devices
The Municipality of Kincardine will allow persons with disabilities to use their own
personal assistive devices to obtain, use or benefit from the goods or services offered
by the Municipality of Kincardine.
Should a person with a disability be unable to access the Municipality's goods or
services through the use of their own personal assistive device, the Municipality of
Kincardine will ensure the following steps are taken:
(a) Determine if service is inaccessible, based upon individual
requirements.
(b) Assess service delivery and potential service options to meet the
needs of the individual.
(c) Notify person with disability of alternative service and how they can
access the service, temporarily or on a permanent basis.
Contact Information
For more information about this policy, or questions related to accessibility at the
Municipality of Kincardine, please contact us:
Clerk
Municipality of Kincardine
1475 Concession 5
RR#5
Kincardine, ON N2Z 2X6
Phone: 519.396.3468
Fax: 519.396.8288
Email: clerk@kincardine.net
Links
Customer Service Standard, Ontario Regulation 429/07:
http://www.e-
laws.gov .on. ca/htmllsourcelregs/english/2007/elaws _ src _regs _r07 429 _ e. htm
Accessibility for Ontarians with Disabilities Act, 2005:
http://www.e-laws.gov.on.ca/htmllstatutes/english/elaws_statutes_05a11_e.htm
Ministry of Community and Social Services:
http://www.mcss.gov.on.ca/mcss/english/pillars/accessibilityOntario
AccessON: www.accesson.ca