HomeMy WebLinkAbout13 068 Integrated Accessibility Standards Policy By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 - 068
A BY -LAW TO ADOPT A POLICY WITH RESPECT TO INTEGRATED
ACCESSIBILITY STANDARDS
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 191/11, established accessibility standards
for information and communications, employment and transportation under the
said Act;
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 the Council of the Municipality of Kincardine passed Resolution
# 04/17/13 — 04 adopting Policy G.G. 3.9 Integrated Accessibility Standards
Policy;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
• 1. That the Integrated Accessibility Standards Policy attached hereto as
Schedule "A ", and forming part of the by -law, be adopted.
2. This By -law shall come into full force and effect upon its final passage.
3. This By -law may be cited as the "Integrated Accessibility Standards Policy
By -law ".
READ a FIRST and SECOND TIME this 5 day of June, 2013
90.x Utz. D
Mayor Clerk `
READ a THIRD TIME and FINALLY PASSED this 5 day of June, 2013
ayor Clerk J
This is Schedule "A" to By -law
No. 2O 3 y passed the 5th
day of June, 2013
POLICY
• POLICY NO.: GG. 3.9
SECTION: GENERAL GOVERNMENT — CLERK
TITLE /SUBJECT: INTEGRATED ACCESSIBILITY STANDARDS
ADOPTED DATE: April 17, 2013
REVISION DATE:
Purpose:
Under the Accessibility for Ontarians with Disabilities Act, 2005 all public and
private sector organizations must meet the requirements of accessibility standards
established by Regulation. This Policy establishes the Integrated Accessibility
Standards in the areas of Employment, Information and Communication and
• Transportation for the Municipality of Kincardine in accordance with Ontario Regulation
191/11 and with the Ministry of Community and Social Services intent to "streamline,
align and phase -in accessibility requirements and allow for progress on accessibility and
reduce the regulatory burden for obligated organizations ". This Regulation came into
force July 1, 2011.
Scope:
This Policy has been drafted in accordance with the Regulation and addresses
how the Municipality of Kincardine achieves accessibility through meeting the
Regulation's requirements. It provides the overall strategic direction that we will follow
to provide accessibility supports to Ontarians with disabilities.
The requirements of the Regulation include:
(a) Establishment, implementation, maintenance and documentation of a Multi -
Year Accessibility Plan, which outlines the organization's strategy to prevent
Ill and remove barriers and meet its requirements under the Regulation;
(b) Incorporation of accessibility criteria and features when procuring or
acquiring goods, services or facilities;
(c) Training; and
(d) Other specific requirements under the Information and Communication,
Employment and Transportation Standards.
Policy Statement and Organizational Commitment
The Municipality of Kincardine is committed and guided by the four core
principles of Dignity, Independence, Integration and Equal Opportunity and supports the
full inclusion of persons as set out in the Canadian Charter of Rights and Freedoms and
the Accessibility for Ontarians with Disabilities Act, 2005.
III The Municipality of Kincardine shall use every effort to ensure that we meet the
needs of people with disabilities, in a timely manner, through the implementation of this
Policy.
Definitions
Accessible Formats may include, but are not limited to, large print, recorded
• audio and electronic formats, Braille and other formats usable by persons with
disabilities.
Accommodation means the special arrangement made or assistance provided
so that persons with disabilities can participate in the experiences available to
persons without disabilities. Accommodation will vary depending on the persons'
unique needs.
Communication Supports may include, but are not limited to, captioning,
alternative and augmentative communication supports, plain language, sign
language and other supports that facilitate effective communications.
Communications means the interaction between two or more persons or
entities, or any combination of them, where information is provided, sent or
received.
Conversion Ready means an electronic or digital format that facilitates
• conversion into an accessible format.
Information includes data, facts and knowledge that exists in any format,
including text, audio, digital or images, and that conveys meaning.
Internet Website means a collection of related web pages, images, videos or
other digital assets that are addressed relative to a common Uniform Resource
Identifier and is accessible to the public.
Mobility Assistive Device means a cane, walker, wheelchair, scooter of similar
aid.
New Internet Website means either a website with a new domain name or a
website with an existing domain name undergoing a significant refresh.
Redeployment means the reassignment of employees to other departments or
jobs within the organization as an alternative to layoff, when a particular job or
• department has been eliminated.
Unconvertible means:
- If it is not technically feasible to convert the information or
communications;
- The technology to convert the information or communications is not readily
available.
Web Content Accessibility Guidelines means the World Wide Web
Consortium recommendation, dated December 2008, and entitled "Web Content
Accessibility Guidelines 2.0 ".
General Provisions
Multi -Year Accessibility Plan
The Municipality of Kincardine Multi -Year Accessibility Plan outlines a phased -in
• strategy to prevent and remove barriers and addresses the current and future
requirements of the Accessibility for Ontarians with Disabilities Act, 2005. The
Municipality of Kincardine will report annually on the progress and implementation
of the Plan, post the information on the Municipality's website and will provide it in
alternative formats upon request. The Plan will be reviewed and updated at least
once every five years.
• Procuring or Acquiring Goods, Services or Facilities
The Municipality of Kincardine will use accessibility criteria and features when
procuring or acquiring goods, services or facilities, except where it is not practical
to do so (in which case, if requested we will provide an explanation).
Training
The Municipality of Kincardine will ensure that training is provided to all employees
and regular fee - for - service staff on the requirements of the accessibility standards
referred to in the Regulation and on the Human Rights Code as it pertains to
persons with disabilities. Training will be provided as soon as practicable. If any
changes are made to this Policy or the requirements training will be provided. The
Municipality of Kincardine shall maintain a record of the dates when training is
provided and the number of individuals to whom it was provided.
• Information and Communication Standard
The Municipality of Kincardine will create, provide and receive information and
communications in ways that are accessible to people with disabilities.
If the Municipality of Kincardine determines that it is not technically feasible to
convert the information or communications or the technology to convert the
information or communication is not readily available, we will be obligated to
provide the person that requires the information with:
(a) An explanation as to why the information and communications are
unconvertible; and
(b) A summary of the unconvertible information or communications.
Emergency Information
III If the Municipality of Kincardine prepares emergency procedures, plans or public
safety information and makes the information available to the public, we shall
provide the information in an accessible format or with appropriate communication
supports, as soon as practicable, upon request.
Feedback
The Municipality of Kincardine has a process in place for receiving and responding
to feedback and will ensure that those processes are provided in accessible
formats and with communication supports upon request. The Municipality of
Kincardine will notify the public about the availability of accessible formats and
communication supports.
Accessible Formats and Communication Supports
• The Municipality of Kincardine shall be obligated to provide or arrange for
accessible formats and communication supports for persons with disabilities:
(a) Upon request in a timely manner that takes into account the persons
accessibility needs due to a disability;
(b) At a cost that is no more than the regular cost charged to other persons;
(c) Consult with the person making the request and determine suitability of an
• accessible format or communication support;
(d) Notify the public about the availability of accessible formats and
communication supports.
Website Accessibility
The Municipality of Kincardine has made their Internet website and web content
conform to the World Wide Web Consortium Web Content Accessibility Guidelines
2.0 Level A. By January 1, 2014 any new web content will conform to WCAG 2.0
Level A. By January 1, 2021 all internet website and web content will conform to
WCAG 2.0 Level AA.
Employment Standard
• The Employment Standard builds upon the existing requirements under the
Ontario Human Rights Code in relation to how to accommodate individuals with
disabilities throughout the job application process and the employment
relationship. It applies in respect to employees and does not apply to volunteers
and other non -paid individuals.
The requirements of the Employment Standard shall be met by the Municipality of
Kincardine by January 1, 2014 unless otherwise specified.
Recruitment
The Municipality of Kincardine shall notify employees and the public about the
availability of accommodations for applicants with disabilities:
(a) During the recruitment process when job applicants are individually selected
to participate in an assessment or selection process;
• (b) If a selected applicant requests an accommodation, the Municipality of
Kincardine shall consult with the applicant and provide or arrange for the
provision of a suitable accommodation that takes into account the applicant's
disability;
(c) Notify successful applicants of the policies for accommodating employees
with disabilities.
Employee Notification
In addition and where an employee with a disability requests it, the Municipality of
Kincardine will consult with the employee to provide or arrange for the provision of
accessible formats and communication supports for:
(a) Information that is needed in order to perform the employee's job;
• (b) Information that is generally available to employees in the workplace; and
(c) Consult with the employee making the request in determining the suitability of
an accessible format or communication support.
Accessible Formats
In addition and where an employee with a disability requests it, the Municipality of
• Kincardine will consult with the employee to provide or arrange for the provision of
accessible formats and communication supports for:
(a) Information that is needed in order to perform the employee's job;
(b) Information that is generally available to employees in the workplace; and
(c) Consult with the employee making the request in determining the suitability of
an accessible format or communication support.
Individual Accommodation Plan
I I
The Municipality of Kincardine shall have in place a written process for the
development of a documented Individual Accommodation Plan for employees with
a disability. Process to include:
(a) The employee's participation in the development of the Individual
• Accommodation Plan.
(b) Assessment on an individual basis;
(c) Identification of accommodations to be provided;
(d) Timelines for the provision of accommodations;
(e) The Municipality of Kincardine may request an evaluation by outside medical
or other expert, at our expense, to assist with determining accommodation and
how to achieve accommodation;
(f) Employee may request the participation of a representative from their
bargaining agent, where represented, or otherwise a representative from the
workplace not from a bargaining agent;
(g) Steps taken to protect the privacy of the employee's personal information;
(h) Frequency with which the Individual Accommodation Plan will be reviewed and
• updated and the manner in which it will be done;
(i) If denied, the reasons for denial are to be provide to the employee
(j) A format that takes into account the employee's disability needs;
(k) If requested, any information regarding accessible formats and communication
supports provided;
(I) Identification of any other accommodation that is to be provided.
Return to Work
The Municipality of Kincardine will have in place a return to work process for
employees who have been absent from work due to a disability and require
disability - related accommodation in order to return to work. Such processes must
be documented and must outline the steps that the Municipality of Kincardine will
take to facilitate the return to work and include an Individual Accommodation Plan.
•
Performance Management, Career Development and Advancement and
Redeployment
• The Municipality of Kincardine will take into account the accommodation needs
and individual accommodation plans of employees when:
(a) Using performance management processes;
(b) Providing career development and advancement information;
(c) Using redeployment procedures.
Workplace Emergency Response Information
The Municipality of Kincardine shall provide individualized workplace emergency
response information to employees who have a disability:
(a) If the disability is such that the individualized information is necessary and the
employer is aware of the need for accommodation due to the employee's
disability;
• (b) If the employee who receives an individual workplace emergency response
information requires assistance, and with the employee's consent, the
Municipality of Kincardine shall provide the workplace emergency information
to the person designated by the Municipality of Kincardine to provide
assistance to the employee;
(c) As soon as practicable after becoming aware of the need for accommodation
due to the employee's disability;
(d) Review the individualized workplace emergency response information when
the employee moves to a different location in the organization, when overall
accommodations needs or plans are reviewed and when the employer reviews
its general emergency response policies.
Transportation Standards
The Transportation Standard will make it easier for people to travel in Ontario,
• including persons with disabilities, older Ontarians and families travelling with
children in strollers. The Municipality of Kincardine will:
(a) Ensure taxicabs do not charge a higher fare or additional fee to persons with
disabilities;
(b) Ensure taxicabs do not charge a fee for mobility assistive devices;
(c) Ensure taxicabs have appropriate information displayed on the rear bumper
and business cards available in an accessible format;
(d) Ensure contracted Specialized Transportation Service Providers are aware of
their obligations to comply with the Accessibility for Ontarians with Disabilities
Act, 2005 and its Regulations.
•