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HomeMy WebLinkAboutBy-law No. 2009-079 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-079 A BY-LAW TO ESTABLISH CUSTOMER SERVICE POLICIES AND PROCEDURES UNDER THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT,2005. WHEREAS Ontario Regulation 429/07,under the Accessibility for Ontarians with Disabilities Act, 2005 requires all public sector organizations to"establish policies,practices and procedures governing the provision of its goods and services to persons with disabilities" THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT a customer service accessibility policy be established as detailed in Schedule"A" attached hereto. 2. THAT a customer service accessibility information guide be approved as the primary training document under the customer service accessibility policy and is attached hereto as Schedule"B". 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 411' DAY OF JUNE 2009. { R CLERK Schedule "A" to By-Law 2009-079 Customer Service Accessibility Policy OBJECTIVES 1. This customer service policy outlines the procedures to be followed in the provision of service to the general public and, more specifically, those persons with disabilities. 2. The guiding principals integral to this policy are: (a) Services must be provided in a manner that respects the dignity and independence of persons with disabilities. (b) The provision of services to persons with a disability and other persons must be integrated unless alternate measures are necessary to obtain, use or benefit from a service provided by the municipality. (c) Persons with disabilities must be given an opportunity equal to that given to other persons of the general public to obtain, use or benefit from municipal services. 3. Barriers to access shall be identified on an on-going basis and shall be removed, reduced, or mitigated as is feasible. DEFINITIONS 4. Accessible: capable of being entered or reached; approachable; easy to get at; capable of being influenced; obtainable; easy to understand or appreciate. 5. Barrier: anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice. (Accessibility for Ontarians with Disabilities Act, 2005) 6. Disability: (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, or (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. (Accessibility for Ontarians with Disabilities Act, 2005) 7. Service or companion animal: An animal is a service animal for a person with a disability (a) if it is a guide dog as defined in section 1of the Blind Persons Rights'Act. (b) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (c) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. (Accessibility for Ontarians with Disabilities Act, 2005 — O. Reg. 42917 ss4(8) & (9)) 8. Support person: another person who accompanies a person with a disability in order to help with communication, mobility, personal care or medical needs or with access to goods or services. (Accessibility for Ontarians with Disabilities Act, 2005—O. Reg. 429/7 ss4(8)) COMMUNICATION 9. When communicating with a person with a disability, the municipality shall do so in a manner that takes into account the person's disability. 10. If a person with a particular type of disability is having difficulty accessing a service, discuss with them the barrier that he or she is facing, what alternative is available to meet the immediate service need and what could potentially be done to remove, reduce or mitigate the barrier. These discussions should be brought to the attention of the administrator for further review. 11. When communicating with a person, the municipality shall consider the person's needs and either make use of an assistive device or change the method of communication to a medium more appropriate in the circumstances. 12. Where possible, the municipality shall design original forms of communication to be more accessible. 13. Where feasible, alternative formats should be considered and produced to meet other needs. Alternative formats readily produced include Accessible Adobe Acrobat, audiocassette or CD, electronic text (via diskette, e-mail, world wide web), and large print text. 14. If a person with a disability asks for a document in an alternative format, you may discuss what options they have available to them and agree on a format you will provide. 15. Alternative formats, if not available immediately upon request, should be produced and provided within 5 business days. ASSISTWE DEVICES 16. Persons are permitted without restriction to use personal assistive devices that enable them or enhance their ability to access municipal services. 17. Currently the municipality does not have any assistive devices. Assistive devices will be investigated and acquired as demand is identified. Accessible technology will be considered with all future acquisitions and programming. 18. Upon request or where appropriate, assistance may be given by a staff member or volunteer to enable a person with a disability to access municipal services. SERVICE OR COMPANION ANIMALS 19. Service and/or companion animals are permitted to accompany a person with a disability in all areas of the municipality that are open to the public. 20. If it is not readily apparent that an animal is a service animal, you may ask the person using the animal for a letter from a doctor or nurse, on their letterhead, stating the animal is needed because of a disability. The letter does not need to identify the disability, why the animal is needed or how it is used. 21. The animal must be supervised and the person must retain full control of the animal at all times. 22. If a service animal becomes unruly or disruptive (jumping on people, biting, making excessive noise or other harmful behaviour), the person may be asked to remove the animal from the area. 23. A person that has care or control of a service animal that is a dog must comply with the municipality's dog control by-law. SUPPORT PERSON 24. Support persons are permitted to accompany a person with a disability in all areas of the municipality that are open to the public. The municipality reserves the right to request the person with a disability be accompanied by a support person in circumstances considered necessary to protect the health and safety of the person with a disability and/or the health and safety of others on the premises. 25. Unless the person with a disability wishes certain matters to be dealt with privately, support persons are permitted to stay with the person. Where personal information is required to be disclosed and/or discussed, it is appropriate to ask the person prior to commencement of the discussion if they want the support person to remain or to wait nearby. 26. Support persons are required to contribute monies for admission to local museums and events hosted by committees of council in the same manner as all other members of the public. Please be aware that most local festivals are not hosted by committees of council and may be subject to different rules. DISRUPTION OF SERVICES 27. If there is a temporary disruption in municipal facilities or services, notice of the disruption must be provided to the public either upon awareness of an impending disruption or as soon as possible following commencement of an unexpected disruption. 28. A notice of 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. 29. The notice is to be posted at the front of the municipal office, at the front of the affected facility(as applicable) and posted on the municipal website. TRAINING 30. The municipality shall ensure that the following persons receive training about the provision of its services to persons with disabilities: (a) All members of council. (b) All full time and part time members of staff, whether permanent or temporary. (c) All seasonal employees. (d) All contractors or third party providers who deal with members of the public on behalf of the municipality such as community centre managers. (e) All volunteers who deal with members of the public on behalf of the municipality such as members of committees, museum boards, community centre boards and cemetery boards as well as fire fighters. 31. Training for everyone noted in section 30 shall include: (a) A review of the purpose of the Accessibility for Ontarians with Disabilities Act, namely that it recognizes the history of discrimination against persons with disabilities in Ontario and that it provides for the involvement of all persons, governments and their agencies, industries and various sectors of the economy to establish accessibility standards in order to achieve accessibility for Ontarians with disabilities. (b) A review of the requirements of the Accessibility Standards for Customer Service Regulation, namely that it establishes accessibility standards for customer service and it applies to every provider of goods or services whether public or private. (c) A review of this policy, namely the expectations of all persons providing services to the public within the organization of the Municipality of Bayham. (d) A discussion of how to interact and communicate with persons with various types of disabilities. (e) A discussion of 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. (f) A lesson on how to use assistive devices available on the municipality's premises or otherwise provided by the municipality that may help with the provision of services to a person with a disability. (g) A discussion of what to do if a person with a particular type of disability is having difficulty accessing the municipality's services. 32. Training shall be provided initially to everyone noted in subsections 30(a), (b), (d) and (e)no later than December 31, 2009. 33. Training shall be provided to all new persons, including seasonal staff, during their first [day, meeting, practice] of service or change of position with the municipality. Thereafter, training shall be provided as changes are made to any policies, practices or procedures. The municipality may provide additional training if, in its discretion, a refresher of this policy and its requirements is warranted. 34. At the present time, the municipality does not own or operate any assistive devices that may be beneficial to persons with disabilities. In the event that the municipality purchases an assistive device, this policy will be updated and training on its use will be provided. 35. The clerk shall maintain a log of training provided including such data as who received the training, the date and the format in which the training was provided. FEEDBACK 36. Questions, comments or concerns regarding the manner in which the municipality provides services to persons with disabilities may be made by any person. 37. Questions, comments or concerns may be provided to the municipal office in person, by telephone, in writing or by electronic text by e-mail, on diskette or otherwise. 38. At a minimum, feedback must be accompanied by the person's name, contact information and sufficient detail of the issue to identify the area of concern. Recommendations or suggestions for improving service are welcome and will be taken into consideration by staff when determining a resolution to the issue. 39. All feedback received shall be forwarded to the appropriate department head for initial review. The department head shall be responsible for addressing and responding to the issue(s)raised. 40. The department head may collect information regarding thr issue or concern from staff, council, third party providers and/or volunteers involved. The department head may also contact the person submitting the feedback for clarification or to obtain additional information. 41. In collaboration with the administrator and the person submitting the feedback, the department head shall determine the most appropriate means of addressing the issue or concern to best meet the needs of a person with a particular type of disability. In the event that the most appropriate means is not feasible for the municipality to undertake, the municipality and the person may determine an alternate acceptable means of providing the service or addressing the issue or concern. ADMINISTRATION 42. This is an over-arching policy that applies to all other policies, practices and procedures that pertain to the provision of services within the municipality regardless of whether they were established before or after this policy. 43. The Accessibility for Ontarians with Disabilities Act, the Accessibility Standards for Customer Service Regulation and this policy are to be taken into consideration and incorporated into other municipal policies, practices and procedures as they are established, amended or reviewed. 44. This is a public policy and may be provided, in suitable format, to any member of the public who requests a copy. It will also be posted on the municipal web site. Appendix A: Sample Feedback Form Customer Feedback Form The Municipality of Bayham values all its' residents and visitors and strives to meet everyone's needs. We welcome your comments and feedback. Please tell us the date and time of your visit: Please tell us the reason for your visit: Was the service you were seeking provided in an accessible, courteous manner? Y N If no,please explain: Did you have any difficulties accessing our services? Y N If yes, please explain: Please add any suggestions or comments you may have: Name: Address: Phone: e-mail: Please let us know your preferred means of communication. Schedule "B" to By-Law 2009-079 Customer Service Accessibility Information Guide Preamble The Accessibility for Ontarians with Disabilities Act, 2005 was enacted by the Ontario government in 2005. Its' purpose is stated in section 1: "Recognizing the history of discrimination against persons with disabilities in Ontario, the purpose of this Act is to benefit all Ontarians by, (a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment,buildings, structures and premises on or before January 1, 2025; and (b)providing for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of the accessibility standards." Under this Act, a number of regulations are anticipated addressing several areas of accessibility. These regulations will propose standards that must be met by organizations across the province including all levels of government and their various bodies. The first standard is the customer service standard, which this information guide and related policy addresses. Other standards that are in the process of being developed include transportation, information and communication, employment and the built environment. These standards are expected by regulation over the next few years. The Customer Service regulation establishes accessibility standards for customer service and applies to every provider of goods or services. All public bodies including governments and their related organizations must be in compliance with this regulation by January 1, 2010. All private sector organizations must be in compliance by January 1, 2012. Expectations This information guide is under the Customer Service Accessibility Policy as passed by the Council of the Municipality of Bayham. You need to be familiar with both the policy and the guide. When providing services to the public, regardless of whether they have a disability or not, it is expected of all members of the municipal organization(as defined in section 30 of the Municipality of Bayham's Customer Service Policy)to do so in a respectful, courteous and considerate manner. Rudeness and disrespect will not be tolerated and those persons exhibiting such behaviour may be subject to disciplinary action. When interacting with persons with disabilities,take into consideration the particular type of disability they have. For instance, if a person is deaf you may need to communicate by writing notes to each other. If a person is confined to a wheelchair, you may need to move to a different location within the office to provide face-to-face communication. If a person has a mental impairment or developmental disability, you may need to break down the information into simple parts using easy to understand words. It is up to the person providing the service to assess the situation, discuss options with the person accessing the service if necessary and provide the service in the most appropriate manner. Communication In addition, when providing services to a person with a disability, the following applies: 1. When interacting with a person with a disability who requires the assistance of a service animal,you shall bear in mind the following: (a) Do not pet or touch a service animal. Petting or touching a service animal when the animal is working distracts the animal from the task at hand. (b) Do not feed a service animal. (c) Do not deliberately startle a service animal. Avoid making noises at the animal (growling,whistling, etc.) (d) Do not separate or attempt to separate a person from his or her service animal. (e) Avoid initiating conversation about the service animal, the person's disabilities or other service animals one has known. (1) Remember that not all disabilities are visible. The nature of a person's disability is a private matter and you are not entitled to inquire for details. Further, a person is not required to provide any information about training or the specific tasks the service animal performs. 2. When interacting with a person with a disability who requires the assistance of a support person, staff shall bear in mind the following: (a) Talk to the person who is accessing the services offered by the municipality and not to the support person. If the support person is providing language intervention(sign language, interpretation, etc.), all responses should be directed to the person making the inquiry and not the support person. (b) Do not separate or attempt to separate a person from his or her support person. (c) Remember that not all disabilities are visible. The nature of a person's disability is a private matter and you are not entitled to inquire for details. Further, a person is not required to provide any information about the specific tasks the support person assists with. 3. During the development of printed or electronic information, design the originals to be more accessible. Have large print or screen-reader compatible options available in the office or on the web site. Items to consider when producing printed materials: (a) Contrast—use high contrast colours for text and background (b) Point size—keep text larger(12-18 points) and use a mix of upper and lower case letters (c) Leading—the space between lines of text should be at least 25 percent of the font size (d) Font—use standard fonts with easily recognizable characters and a medium thickness; avoid light type with thin strokes (e) Margins and columns—separate text into columns to make it easier to read, use wide binding margins or spiral bindings; flat pages work best for vision aids such as magnifiers (f) Paper finish—use a matte or non-glossy finish to cut down on glare, avoid watermarks or complicated background designs (g) Clean design and simplicity—use distinctive colours, sizes and shapes on the covers of materials to make them easier to tell apart (Reference: Canadian National Institute for the Blind,Print Clarity Standards, June 2006) Resolutions If a person with a particular type of disability is having difficulty accessing the municipality's services, you should discuss with them the barrier they have encountered. The discussion should include alternatives the person would like to use, alternatives the municipality can readily provide and a mutual agreement as to the method of service delivery. The discussion should be documented and forwarded to the appropriate department head. Where feasible, long-term solutions should be implemented to address the barrier or issue encountered.