Accessibility: Test Edit3

1. Accessibility: Test Edit3 Implementing the Accessibility for Ontarians with Disabilities Act (AODA)

2. Agenda • Introduction to AODA • Communication approaches • Legal background • Municipal Obligations • Management Responsibilities • Discussion/Case Studies

3. Objectives • Introduction to the AODA • Background to legislation • Municipal and management obligations • Your role

4. VIDEO – MONK

5. Demographics • 15.5% of Ontario population are persons with disabilities (Stats Canada 2007) • About 1/3 are pain/mobility/agility related • 5% hearing, 2.5% visual • 2.5% learning, 2.3% psychological, 2% memory, 1.9% speech, .5% developmental, .5% unknown (2006 Stats Canada) • By 2017 there will be more Ontarians 65 + than under 14

6. Five AODA Standards • Includes standards for: • Customer Service (law) • Built Environment • Employment (law) • Information and Communications (law) • Transportation (law)

7. Disability Defined (AODA) • “disability” includes: • Physical, mental health, learning and developmental disabilities • Visible and invisible

8. Quiz – Appropriate language • Should you ask a person with a disability if they need assistance? • Do you speak to the client’s support person or to the client? • Is it okay to take someone’s arm to guide them? • Do all persons who are visually impaired read Braille? • How do you ensure a deaf or person with a hearing impairment is able to participate in a meeting? • Is it okay to ask a person in a scooter or wheelchair to walk somewhere? To ask a blind person if they “see the point?”

9. Barrier Defined • “Barrier” prevents participation • A barrier may be: • Physical and architectural • Attitudinal • Technological • Policy or practice

10. Timeline • 2005 – legislation passed (supplanting 2001 legislation) • 2010 – Service Standards effective for public sector including municipalities • Integrated Accessibility Regulation Enacted • 2025 – all standards in place

11. Engagement in the AODA • “Serve a great City and its People” • “Diversity is our Strength” • Results will not be immediate – process requires everyone’s ownership and support, input – managers are part of the process

12. Evolution of Human Rights • No protection for persons with disabilities before 1982 – Charter of Rights and Freedoms includes disability as ground of discrimination • Development of concept of systemic discrimination in 1985, Simpson Sears, in context of religion but applies to disability • Grismer (SCC 1998) – have to meet test of undue hardship if denying service/licence

13. Evolution of Human Rights • Accommodation – on request individuals are accommodated up to undue hardship • Progress slow - Disability is most litigated ground of discrimination across Canada and within the City, persons with disabilities most underrepresented in workplace • Employment Equity – review for and remove barriers plus implement positive measures • Accessibility - proactive

14. Systemic Discrimination • Rules may appear neutral but either have disparate impact or are inequitably applied for persons with disabilities • Standards not existent, differential treatment for persons with disabilities

15. Workplace Accommodation and undue Hardship • Procedural Duty: • To in good faith explore all possible options to determine whether an accommodation solution exists that enables the business to operate and the employee to be accommodated with respect and dignity • Substantive Duty: • To accommodate unless undue hardship – i.e. unless the viability of the business or health and safety are seriously impacted

16. Accessibility issues?(Air India Memorial)

17. And…

18. And…

19. City of Toronto Policies These types of policies are directly relevant: • Human Rights and Anti-Harassment • Employment Equity • Workplace Accommodation • Health and Safety

20. Purpose of AODA To remove barriers that prevent persons with disabilities from participating in the mainstream of Ontario society In your groups, discuss what impact this would have on your division and service to the public

21. Municipal Obligations • Develop annual accessibility plans • Identify, remove and prevent barriers • Create accessibility advisory committee • Guidelines for Committees to be provided by government • Comply with accessibility standards • File annual accessibility report

22. Progress made by the City • Senior management briefings • Some divisions have been trained • All management training in process • Employees e-Learning module to be rolled out shortly • Annual report requirement – in compliance

23. Service Standard Requirements • Establish policies, practices and procedures governing provision of goods and services to persons with disabilities • Must respect dignity and independence, must be integrated unless alternate measure is necessary • Must deal with assistive devices • Communication must take into account a person’s disability • Document policies, practices and procedures and make available

24. Obligations Cont’d • Service Animals and Support Persons • Allow entry of guide dogs and service animals • Allow accompaniment by support person • Notice of temporary disruptions • Can be via website, conspicuous public posting or as reasonable • Staff training • Mandatory for staff who deal directly with the public and/or are involved in policy development • Must include: instruction on interacting with persons with disabilities; devices; guide dogs, service animals or support persons; how to address difficulties persons with disabilities have accessing services

25. Obligations Cont’d • Feedback process • So that persons with disabilities can communicate difficulties in accessing goods and services • Access to documents • Information about how to access documents required by this standard

26. Group Discussion - Management Responsibilities • What issues do persons with disabilities experience in accessing the services of your division? • What steps will your division take to comply? • What barriers exist to coming into compliance? • How will you overcome those barriers? • What challenges do you feel your staff will face? • How can you best fulfill your role to support your staff?

27. Enforcement • Inspectors appointed to verify compliance • Orders may be made including penalties for non-compliance with AODA requirements • Multiple warnings prior to these measures • The License Appeal Tribunal has been designated to hear appeals of orders made under the Act.

28. Case Studies

29. Path Forward Take back from this session - • Go forward with staff training • Consider how your strategic plan or your way of doing business needs to be adjusted • Start reviewing policies, practices, procedures • Input to City’s accessibility plan Integrated Accessibility Regulation: http://www.e-laws.gov.on.ca/html/source/regs/english/2011/elaws_src_regs_r11191_e.htm

30. Gov’t Contacts • Accessibility Directorate of Ontario777 Bay Street, 6th Floor, Suite 601AToronto, ON M7A 2J4E-mail: accessibility@css.gov.on.ca • Accessibility For Ontarians With Disabilities Act(AODA)Contact Centre : (ServiceOntario)Toll-free: 1-866-515-2025TTY: 416-325-3408 / Toll-free 1-800-268-7095Fax: 416-325-3407

31. City of Toronto Contacts • Office of Equity, Diversity and Human Rights 416-392-8592 • Legal – Director, Employment Law Darragh Meagher 416-392-8948

32. Test our learnings…. • What is the greatest barrier to accessibility? • Is it “schizophrenic” or “person with schizophrenia?” • What are your requirements under the Act concerning charging a fee for a person required to support a person with a disability? • What is the most important thing for you to do in meeting your accessibility requirements? • What are the consequences if your division does not comply with its accessibility requirements? • Is counter height a customer service or built environment issue?

33. CASE STUDY #1 Your division provides services directly to the public, who access these services by coming to your location. You have an employee who is allergic to dogs and cannot be in close proximity to dogs without experiencing symptoms. Nevertheless, you have to prepare under the AODA for customers who have support dogs, and also other customers who may be allergic. What do you do to prepare?

34. Case Study #2 You are aware that aspects of your physical layout are inaccessible – this may be: • The counters or some other aspect of your location for serving the public are too high for a person in a wheelchair • The only way to access services is via stairs? • Another? You lack the funds to renovate at this time – how do you ensure that the services are accessible? How are your facilities accessible?

35. Case Study #3 What are the aspects of your services that may cause barriers for persons with mental health issues? What types of mental health issues might particularly give rise to barriers? How might your division overcome these barriers?

36. Case Study #4 Discuss what developmental and learning disabilities might require in terms of accessibility to your services What barriers might persons with these disabilities face in accessing your services? What measures might you take to ensure that these barriers are removed? If it means giving the person more time, are you required to allow this?

37. Case Study #5 Your division is preparing to develop an action plan to make sure you are complying with the AODA Service Standard Discuss whether you have particular staff persons who shows leadership and/or particular expertise in assisting customers with accessibility needs? How might you engage them in the process? What messages might you convey to all staff to engage them in the process?

38. Case Study #6 How would a blind person get information about the service you provide? Are there barriers at the present time? What information do you need to assess this? How could you address these barriers now to ensure information about your services is available to everyone? Draw up a list of immediate and future actions that could be taken to make your division’s services more accessible to persons with visual impairments