HomeMy WebLinkAboutBy-law No. 2016-103 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016-103
BEING A BY-LAW TO AMEND BY-LAW 2015-040
A BY-LAW TO ADOPT ACCESSIBILITY PLAN —POLICIES UNDER
THE ACCESSIBILITY OF ONTARIANS WITH DISABILITIES ACT, 2005
WHEREAS the Council of the Municipality of Bayham on the 2nd day of April, 2015 enacted By-Law
2015-040, being a by-law to adopt Accessibility Plan—Policies under The Accessibility of Ontarians
With Disabilities Act, 2005;
AND WHEREAS Council is desirous of amending By-law 2015-040;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT 2015-2020 Multi-Year Accessibility Plan and Municipality of Bayham Accessibility Policy
be removed and replaced with amended 2015-2020 Multi-Year Accessibility Plan and
Municipality of Bayham Accessibility Policy affixed hereto and forming part of this by-law;
2. THAT in all other respects, By-law 2015-040 is hereby confirmed and remains unchanged;
3. AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF
DECEMBER 2016.
•
MAYOR '�
The Corporation of the
Municipality of Bayham
2015-2020 Multi-Year Accessibility Plan
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TABLE OF CONTENTS
1. EXECUTIVE SUMMARY 1
2. GOVERNING LEGISLATION 2
3. COMMITMENT TO ACCESSIBILITY PLANNING 4
4. HOLISTIC ACCESSIBILITY, INCLUSION &YOU 5
5. IMPORTANCE OF ACCESSIBILITY & INCLUSION 6
6. ACCESSIBILITY PARTNERSHIP IN ELGIN COUNTY & BEYOND 7
7. BARRIER EXAMPLES 8
8. REVIEW& MONITORING PROCESS 10
9. COMMUNICATION OF THE PLAN 11
10. GLOSSARY 12
11. APPENDICES
Appendix 'A' 15
Appendix 'B' 19
Executive Summary
The need to improve accessibility is
becoming more pronounced ins°
Ontario as the population ages and
the labour force shrinks. According
to the Ministry of Community and
sot
Social Services, approximately
1.85 million people or 15.5% of
people in Ontario have some type
of disability; that is 1 in every 7
Ontarians. By 2036,
that number ��� ,1
will rise to 1 in 5 as the population
ages. In the next 20 years, the
aging population and people with
disabilities will represent 40% of the
total income in Ontario, that's
$536 billion dollars (Ontario
Population Projections 2008-2036,
Fall 2009 Ministry of Finance
Report).
A University of Toronto study further concluded that disability tends to increase with
age, with the highest incidence of occurrence among individuals forty-five years of age
and older. It is important to note the increasing aging population in the Municipality of
Bayham, as older persons have higher tendencies to experience declining functional
abilities. Accordingly, the 2011 Census revealed that 2,680 people, or 38% of the
population of the Municipality of Bayham are forty-five years of age or older. This
statistic provides the impetus for removing and preventing barriers in the Municipality of
Bayham to allow for holistic accessibility and inclusion.
The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan was prepared int
order to meet the obligations of the Ontarians with Disabilities Act, 2001 (ODA) and the
Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 2015-2020
Municipality of Bayham Multi-Year Accessibility Plan reviews earlier efforts to remove
and prevent barriers to people with disabilities and identifies the measures to be
undertaken in the coming years to increase accessibility and inclusion in the
Municipality. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan also
describes how the Municipality of Bayham will make the Multi-Year Accessibility Plan
available to the public, provide opportunity for feedback and strive towards a holistically
accessible and inclusive Municipality.
1
Governing Legislation
There are two pieces of broad legislation in
Ontario that speak to accessibility for
individuals with disabilities as well as
impact directly on the Municipality. The
Ontarians with Disabilities Act, 2001
(ODA) directs that municipalities with
more than 10,000 residents appoint
Accessibility Advisory Committees as
well as create and make public an
annual accessibility plan. More recently,
the Province passed the Accessibility for
Ontarians with Disabilities Act, 2005
(AODA) which also includes the (1111111
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development of mandatory accessibility
standards that will identify, remove and
prevent barriers for people with
disabilities in key areas of daily living.
Enforceable requirements will ensure
the removal of these barriers in both the
public and private sectors with the aim of
a fully-accessible province by 2025. These '
accessibility standards include:
• Accessible Customer Service Standard
This standard ensures that goods and services are provided in a manner that
takes into account persons with disabilities. Requirements include policy
development and extensive training thereof for all employees who deal directly
or indirectly with the public. The training is key in assuring accessible customer
service is provided by the Municipality.
• Integrated Accessibility Standard
Areas of information and communication, employment and transportation often
contain barriers for persons with disabilities. The Accessibility Directorate
determined that these three key areas will be combined and the accessibility
requirements identified in a single regulation. Compliance deadlines vary
according to the type of organization and the particular component of each
individual requirement, i.e. Communications & Information, Transportation or
Employment.
2
• Built Environment Standards
The Accessibility Standards for the Built Environment focus on removing
barriers in two areas:
Ontario Building Code
Ontario's Building Code was amended to include enhancements to accessibility
in buildings. As of January 1, 2015, new construction and renovations will be
subject to updated accessibility requirements.
Accessibility Standard for the Design of Public Spaces
The standard for the design of public spaces only applies to new construction
and major changes to existing features. The standard covers:
i. Recreational trails/beach access routes
ii. Outdoor public eating areas like rest stops or picnic areas
iii. Outdoor play spaces, like playgrounds in provincial parks and local
communities
iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest
areas
v. Service-related elements like service counters, fixed queuing lines and
waiting areas
3
Commitment to Accessibility Planning
The Council of the Municipality of Bayham is committed to:
' The continual improvement, over time, of access to all municipal facilities,
programs and services for those with disabilities, while having regard for the
financial constraints faced by the Municipality.
• The concept of universal design which makes the environment more user
friendly for everyone.
• The provision of quality Municipal services to all members of the community.
' Accessibility training
• Incorporating accessibility into the daily functions of all employees
The process of accessibility planning is one that is never complete. Staff, Council and
the Public are continually involved in discussions regarding accessibility planning year-
round. The Municipality of Bayham Accessibility Plan provides the opportunity to
demonstrate current achievements in accessibility and to establish implementation
framework and future priority initiatives.
Please refer to Appendix 'A' attached hereto to review the Municipality's current
achievements in accessibility and inclusion.
Please refer to Appendix 'B' attached hereto to review the Municipality's future priority
initiatives to improve accessibility and inclusion.
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4
Holistic Accessibility, Inclusion & You
Recognizing that the Municipality of Bayham, organizations, businesses, and
community agencies (including businesses and organizations that provide services,
supplies or products, to, or on behalf of the Municipality of Bayham) set the tone for the
community, the Municipality will do the following and encourage other organizations to
do the same:
• ensure that this policy is widely communicated and that all employees, and
others to whom the policy applies, understand its intent;
• ensure that existing policies and practices, including employment policies, are
built upon non-discriminatory bases such as merit; that future policies and
practices meet the objectives of this policy; and that revisions are
communicated to the entire organization;
• review current practices to ensure that every person is treated without
discrimination and to eliminate barriers in accessing goods and services;
• seek opportunities to involve people of diverse backgrounds in the design, use
and evaluation of goods and services;
• provide training and involve staff and volunteers in activities designed to
promote an awareness, acceptance, and celebration of accessibility and
inclusion;
• establish mechanisms to ensure that discrimination and harassment are not
encouraged or tolerated;
• monitor organizational compliance with this policy; and lead by example.
What can you do?
• recognize that social change begins with individual change; you can, as a
resident or visitor of the Municipality of Bayham, initiate change;
• evaluate your own actions and preconceived biases and ideas about
accessibility and inclusion;
• educate yourself, volunteer your time and participate in activities which will
broaden your experience with accessibility and inclusion;
• encourage and support the development of programs and projects that promote
holistic accessibility and inclusion;
• advocate for both the elimination of barriers and discrimination and the
celebration of accessibility and diversity within your own workplace and
community;
• challenge barriers and discrimination when you experience them or become
aware of their existence.
5
Importance of Accessibility & Inclusion?
• When we encourage the full and active participation of every person, we are
drawing on the diverse life experiences and points of view of our fellow citizens,
which leads to innovative solutions;
• When we promote the Municipality of Bayham as a diverse Municipality that is
welcoming of all people, the Municipality is more competitive in the economic
marketplace and more attractive as a destination for visitors and new residents;
• When we respect, value, and nurture accessibility and inclusion as an exciting
and integral part of our collective experience and identity, we can strengthen
and create a safe, healthy, and vibrant community;
• In order to enjoy the benefits of a holistically accessible and inclusive
community, we need to address barriers that impede equal participation, work
toward the elimination of bias, prejudice and discrimination
• (which can be intentional, unintentional or systemic).
Responsibility
Every resident, organization, institution, agency, government and individual has an
opportunity to make this plan successful. We are all leaders. This plan is designed to
create plenty of opportunities for all voices to be heard and new leaders to emerge.
6
Accessibility Partnership in Elgin County & Beyond
All lower tier Elgin County Municipalities utilize the Accessibility Coordinator services
provided by Elgin County.
Elgin County coordinates regular meetings with local municipal accessibility staff,
which provides the opportunity to share best practices and information.
Additionally, Accessibility Coordinators meet regularly with staff counterparts across the
County and Southwestern Ontario to discuss ongoing planning and implementation.
The Municipality of Bayham Accessibility Coordinator is also a member of the Ontario
Network of Accessibility Professionals (ONAP), a group comprised primarily of staff
responsible for accessibility planning in the municipal sector. The network provides the
opportunity to share accessibility planning resources and initiatives across the
province.
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Barrier Examples
The intent of the Multi-Year Accessibility Plan is to prevent, identify and remove
barriers. Barriers are obstacles that stand in the way of people with disabilities from
being able to do many of the day-to-day activities that most people take for granted.A
barrier is defined as anything that prevents a person with a disability from fully
participating in all aspects of society because of the disability. The traditional definition
of a barrier used in the context of accessibility has been expanded to include obstacles
beyond physical boundaries. There are several other categories of barriers to consider,
such as
• Environmental Barriers: features, buildings or spaces that restrict or impede
physical access. For example, a doorway that is too narrow to accommodate
entry by person in a motorized scooter.
• Communication Barriers: obstacles with processing, transmitting or interpreting
information. For example, print on a brochure that is too small to read or
documents not available in alternative formats.
• Attitudinal Barriers: prejudgments or assumptions that directly or indirectly
discriminate. For example, assuming that all visually impaired persons can read
Braille.
• Technological Barriers: when technology cannot or is not modified to support
various assistive devices and/or software. For example, a website that does not
provide for increased text size or contrast options.
• Systemic Barriers: barriers within an organization's policies, practices and
procedures that do not consider accessibility. For example, listing a driver's
licence as an employment qualification for an office position may prohibit
persons with visual impairments from applying.
Members of Council, Municipal staff and Committee members must keep in mind that
barriers can be either "systemic" or "specific"; that is, barriers that are prevalent
throughout the Municipality or are just specific to one process or facility.
8
Two examples are:
A Systemic Barrier: Job postings and public meeting notices are advertised in local
newspapers and on the website. As the Municipal website does
not have a program for the visually impaired, and visually impaired
residents may not be able to read the newspaper, not all residents
or viewers have equal access to the information.
A Specific Barrier: There is no accessible entrance at the Vienna Community Centre,
therefore any person unable to utilize the stairs is prevented from
participating in events hosted at the Community Centre.
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Review & Monitoring Process
The Accessibility Plan is intended as a working document. Comments and
recommendations will be noted throughout the upcoming year. These comments and
recommendations will then be taken into account during the compilation of the 2016
Annual Accessibility Plan.
Accessibility improvements, ideologies and benchmarks continue to be solidified with
planning concepts that develop into Municipal procedures and processes.
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Additional evaluation and reporting efforts include:
• Annual review of the Multi-Year Accessibility Plan and preparation of a progress
report.
• Annual progress report prepared for Council to identify progress of the Plan's
implementation, accomplishments and achievements; posted online and
available in alternative formats upon request.
• Compliance reports submitted to the Accessibility Directorate of Ontario, which
regulates compliance for all Ontario Organizations
10
Communication of the Plan
Feedback is an integral part of the evaluation process. The Municipality of Bayham will
continue to review and expand consultation strategies to engage key groups in
providing accessibility related feedback, including people with disabilities.
Members of the public are encouraged to make comments on the Municipality of
Bayham Multi-Year Accessibility Plan and accessibility matters in general. There are a
number of ways you can contact the Municipality of Bayham to express your
accessibility related comments including contacting the undersigned.
The Corporation of the Municipality of Bayham
9344 Plank Rd
Bayham ON
NOJ 1Y0
Phone: 519-866-5521
Email: accessibility a(�?.bayham.on.ca
The 2015-2020 Multi-Year Accessibility Plan will also be available in the following
locations:
Report to Council: Initially, this Accessibility Plan will be made
available through a report to Council.
Website: The 2015-2020 Multi-Year Accessibility Plan can be
accessed through the Municipality of Bayham website
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11
Glossary
Accessibility:
In a context relating to people with disabilities, the term can be defined as the
degree with which people with disabilities are able to access the functionality, and
possible benefit, of some system or entity. Essentially, `Accessibility' refers to the
potential for a product or service to be beneficial to as many people as possible.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA): Legislation
enacted by the Province of Ontario in June of 2005, that provides the framework by
which certain accessibility standards will be developed to ensure that businesses
and organizations maintain practices and provide goods and services in a manner
that is accessible to everyone including people with disabilities. The goal of the
AODA is to build on the framework of the ODA, establish enforceable and
qualitative standards in order to assist in developing a "fully accessible" province by
2025.
Accessible Formats:
May include, but not limited to large print, recorded audio and electronic formats,
Braille and other formats useable by persons with disabilities.
Assistive Device:
Any auxiliary tool, aid, technology or other mechanism that enables a person with a
disability to do everyday tasks and activities such as moving, communicating or
lifting; assists in accessing goods, services or information and helps the person to
maintain independence. Examples include but are not limited to: communication
aids, cognition aids, personal mobility aids, and medical aids.
Barrier:
Anything that prevents a person with a disability from fully participating in all
aspects of society due to their disability. The definition is not limited to structural or
physical impediments, it can also relate to various other obstacles such as
systemic, attitudinal, technological, informational, etc.
Designated Public Sector Organization:
Every municipality and every person or organization listed in Column 1 of Table 1 of
Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies —
Definitions) made under the Public Service of Ontario Act, 2006.
12
Disability:
The ODA and AODA both adopt the broad definition for disability that is set out in
the Ontario Human Rights Code, "Disability" is:
• 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;
• A condition of mental impairment or a developmental disability;
• A learning disability, or a dysfunction in one or more of the processes
involved in understanding or using symbols or spoken language;
• A mental disorder; or.
• An injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety and Insurance Act,
1997; ("handicap").
Information:
Includes data, facts and knowledge that exist in any format, including text, audio,
digital or images, that convey meaning.
Multi-Year Accessibility Plan:
A program and itemization of forecasted initiatives to identify past achievements
with respect to improving accessibility for people with disabilities, formulating future
goals and providing a context by which both can be assessed and evaluated.
Ontarians with Disabilities Act, 2001 (ODA):
Legislation enacted by the Province in November of 2001 to 'improve opportunities
for persons with disabilities and provide for their involvement in the identification,
removal and prevention of barriers'. The ODA required municipalities with more than
10,000 residents to develop an Accessibility Advisory Committee and to submit an
annual Accessibility Plan to the province. The AODA will eventually replace the
ODA; however, a date for its repeal has not yet been determined.
Ontario Human Rights Code:
A provincial law in Ontario that gives all citizens equal rights and opportunities
without discrimination in specific areas such as employment, housing and services.
The Human Rights Commission was established as an oversight and appeal body
in relation to the law. Prior to the ODA being enacted in 2001, the Human Rights
Code was the only applicable legislation to uphold accessibility rights.
13
Ontario Regulation 429/07 (Accessible Customer Service Standard): The first
standard to be released under the AODA which took force and effect for all public
organizations on January 1, 2010 and private organizations on January 1, 2012.
The standard mandates the development of policies, practices and procedures in
the areas of communication, notice for disruption of services, service and support
animals, assistive devices, training and customer feedback in relation to the core
principles of the standard; dignity, independence, integration and equal opportunity.
Ontario Regulation 191/11 (Integrated Accessibility Standards):
The second standard to be released under the AODA which took force and effect for
all public organizations on July 1, 2011. The standard consolidates the development
of policies, practices and procedures in the areas of information and
communications, employment and transportation within a phased implementation
schedule.
Redeployment:
The reassignment of employees to other departments or jobs within the
organization
Standard:
The criterion establishing what a person or organization must accomplish to achieve
the minimum level of compliance.Accessibility Standards will be legislated by way
of Ontario Regulations pursuant to the AODA.
Web Content Accessibility Guidelines (WCAG):
International guidelines to ensure consistent web accessibility; the World Wide Web
Consortium recommendation, dated December 2008, entitled "Web Content
Accessibility Guidelines" (WCAG) 2.0.
14
Accessibility for Ontarians with Disabilities Act
Legislation
Ontario Regulation 191/11 — The Integrated
Accessibility Standards Ontario Regulation 429/07 —
Accessibility Standards for Customer Service
The Municipality of Bayham is dedicated to promoting, enhancing and creating, where
possible, a barrier-free environment for all persons, regardless of needs, to participate
as fully as possible in all aspects of community life.
The following table depicts the Municipality's compliance with the various regulations
stemming from the Accessibility for Ontarians with Disabilities Act. The Municipality has
taken a proactive approach to compliance with the legislation and regulations and is on
track to satisfy all requirements under the Accessibility for Ontarians with Disabilities
Act by January 2014. The Municipality's compliance with the legislation will allow
resources to be directed towards increasing policy and program efficiency and
effectiveness, while also reaching out into the community to assist the private sector
with legislative compliance in an effort to make the Municipality of Bayham holistically
accessible and inclusive.
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2010 Accessibility Standards for Customer Service: CAO The Municipality is in
compliance with this
Establishment of policies, practices and requirement
procedures regarding Accessible Customer
Service Procedure, Service Animals and
Support Persons Procedure, Disruption in
Municipal Service Procedure, Feedback
Mechanisms Procedure and the Accessible
Customer Service Feedback Form.
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January Emergency Procedure, Plans or Safety CAO The CAO will arrange to
2012 information: provide emergency
information in accessible
Provide or arrange for the provision of formats upon request.
accessible formats and communication
supports for persons with a disability, as soon This requirement relies
as is practical upon request. on the use of the
Alternate Formats Policy
The Municipality is in
compliance with this
requirement
15
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2012 Workplace Emergency Response: CAO The Municipality of
Bayham Workplace
Provide individualized workplace emergency Emergency Response
response information to employees who have a Procedure is an internal
disability, if the disability is such that the policy available to all
individualized information is necessary and the Municipal staff and is
employer is aware of the need to provide circulated to new
accommodation. employees during
orientation and to
If employee requires assistance,with the existing employees once
employee's consent,the employer shall provide a year.
the individualized workplace emergency
response information to the person designated This requirement relies
to provide such assistance. on the use of the
Alternate Formats Policy.
Review of Individualized Emergency The Municipality is in
Response Plan: compliance with this
When the employee moves to a different requirement
location in the organization,when the
employee's overall accommodation needs are
reviewed,when the employer reviews its
general emergency response policies.
ComplianceLegislated Requirement Area of Action Plan or status
Date Responsibility
January 2014 Establishment of Accessibility Policies: CAO The Municipality
documents its
Develop, implement and maintain policies accessibility initiatives
governing how the organization achieves or will yearly in its annual Multi-
achieve accessibility through meeting its Year Accessibility Plan.
requirements under the accessibility standards. Additionally, all Municipal
policies are based on the
Establishment of a Multi-Year Accessibility Plan Mission Statement:
The Municipality of
Bayham is dedicated
to promoting,
enhancing and
creating a barrier-free
environment for all
persons, regardless of
needs, to participate
as fully as possible in
all aspects of
community life.
The Municipality is in
compliance with this
requirement
January 2014 Procuring or Acquiring Goods, Services or CAO The Municipal
Facilities: Treasurer Procurement By-law and
Accessible
Incorporate accessibility criteria and features Procurement Guide
into procurement practices so that goods, satisfy this requirement.
services and facilities are more accessible to
people with disabilities unless it is not The Municipality is in
practicable to do so. compliance with this
requirement
16
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2014 Self-Service Kiosks: CAO The Municipality of
Bayham does not
All organizations that offer services or products currently utilize any self-
through self-service kiosks shall take steps to service kiosks.
make them accessible to people with
disabilities so they can be used independently
and securely.
January 2015 Training: CAO Municipal Staff in
consultation with the
All organizations will train those individuals Elgin County Accessibility
(employees or volunteers)who participate in Coordinator are currently
developing the organization's policies, and all developing
those who provide goods or services on behalf comprehensive training
of the organization, about the requirements of to satisfy this
the Integrated Accessibility Standards and the requirement that will be
Ontario Human Rights Code as it relates to ready for spring 2015.
people with disabilities.
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2015public Feedback Process: CAO This requirement relies
on the use of the
Provide or arrange for provision of accessible Alternate Formats Policy.
formats and communication supports for
persons with a disability upon request. The Municipality is in
Notify the public of the availability of accessible compliance with this
formats and communication supports for the requirement
feedback process.
January 2014 Internet Content and Websites: CAO The Municipality had a
website accessibility
New Internet websites and content to conform audit completed on the
to the World Wide Web Consortium Web Municipal website in the
Content Accessibility Guidelines(WCAG)2.0 spring or 2014 and will
initially at level A. have all Internet websites
&content conforming to
World Wide Web
Consortium Web Content
Accessibility Guidelines
(WCAG)2.0 Level AA
(exceptions success
criteria 1.2.4& 1.2.5)by
May 2015
Additionally, all Municipal
documents are produced
in accordance with the
Alternate Formats Policy.
17
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2015 Recruitment Process: CAO The Municipality is in
compliance with this
Notify employees and public about the requirement
availability of accommodation.
Selection&Assessment Process: Notify job
applicants,when individually selected,that
accommodations are available upon request.
Documented Individual Accommodation Plans:
develop a written process for the development
of documented individual accommodation
plans.
Return to Work: Develop and document a
return to work process for employees who have
been absent due to a disability and require
disability-related accommodations in order to
return to work.
Compliance Legislated Requirement Area of Action Plan or Status
Date Responsibility
January 2015 Accessible Formats and Communication: CAO The Alternate Formats
Policy ensures that all
Provide or arrange for provision of accessible corporate documents are
formats and communication supports for produced in an
persons with a disability upon request; in a accessible format.
timely manner taking into account the person's
accessibility needs; at a cost no more than The Municipality is in
charged by other persons. compliance with this
requirement
January 2012 All internet websites&content to conform to CAO The Municipality will have
World Wide Web Consortium Web Content a website accessibility
Accessibility Guidelines(WCAG) audit completed on the
2.0 Level AA,exceptions success criteria 1.2.4 Municipal website by the
& 1.2.5. spring 2015 and have all
internet websites&
content conform to World
Wide Web Consortium
Web Content
Accessibility Guidelines
(WCAG)2.0 Level AA
(exceptions success
criteria 1.2.4& 1.2.5).
Additionally, all Municipal
documents are produced
in accordance with the
Alternate Formats Policy.
18
Accessibility for Ontarians with Disabilities Act
Legislation
MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES
The Municipality of Bayham is dedicated to promoting, enhancing and creating, where
possible, a barrier-free environment for all persons, regardless of needs, to participate
as fully as possible in all aspects of community life.
The following table depicts the Municipality's initiatives completed to date and a list of
proposed future initiatives to enhance accessibility in the Municipality of Bayham in an
effort to make the Municipality holistically accessible and inclusive.
Year 2015-2020
Task Department
Municipal Facilities Accessibility Audit (2014-2015) CAO
Barrier-Free Municipal Elections (2006-2010) Clerk's Department
Continual monitoring of Municipal sidewalks including mud-jacking Public Works
(leveling sidewalks to alleviate water ponding and trip hazards),
cutting (eliminating trip hazards) and replacement
Utilization of the Elgin County Coordinator to ensure holistic CAO
accessibility and Inclusion
19
Accessibility for Ontarians with Disabilities Act Legislation
MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES
The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for
all persons, regardless of needs, to participate as fully as possible in all aspects of community life.
2016 Municipality Annual Accessibility Report Status Update
The purpose of this Status Report is to make the public aware of the Municipality's progress with accessibility implementation and to
prevent and remove barriers and meet requirements under the AODA.
Task Department
Completed and filed Accessibility Compliance Report with the Accessibility Directorate of CAO
Ontario under the Ministry of Economic Development Trade and Employment Services
The Municipality focuses on removing barriers which may exist in buildings and facilities, Council/Staff
while ensuring that new buildings, leases, and renovations do not create any new
barriers. This includes the construction of the renovated Straffordville Community
Centre, Municipal Office and Council Chambers
Training for all staff on the Integrated Accessibility Standard and updated Corporate All Staff
Accessibility Policy (2014) - Ongoing training for new staff
Training for all staff on the Ontario Human Rights Code as it pertains to people with All Staff
disabilities (2014) - Ongoing training for new staff- On-going training for staff on the
Customer Service Standard
Update Corporate Accessibility Policy (December 2016) Council
Submitted a funding application under the Enabling Accessibility Fund in order to provide Council
an accessible viewing platform at the Port Burwell Municipal East Beach
Participate in review and consultation of Provincial Accessibility Legislation and CAO
Regulations
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Corporation of the Municipality of Bayham
Policy Name: Municipality of Bayham Accessibility Policy
Section 1 - Policy Statement
The Corporation of the Municipality of Bayham is committed to providing quality goods, services
and facilities that are accessible and inclusive toall persons that it serves. In order to meet the
needs of persons with disabilities the Municipality of Bayham will:
i. Ensure policies, practices and procedures address dignity, independence, integration,
inclusiveness and provide for equal opportunity for persons with disabilities;
ii. Allow persons with disabilities to use their own personal assistive devices to obtain, use
or benefit from the services offered by the Municipality;
iii. Strive to meet the needs of persons with disabilities in a timely manner, at a cost no
greater than that for persons without disabilities;
iv. Accommodate the accessibility needs of persons with disabilities to ensure they can
obtain, use or benefit from the Municipality's goods, services, programs and facilities.
The Municipality will promote accessibility by ensuring that compliance is met for all regulations
made under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). In order to
ensure that timelines are met and the Municipality continues to strive to be holistically
accessible, the Municipality will establish, implement and maintain a multi-year accessibility
plan. The Municipality of Bayham Multi-Year Accessibility Plan will outline the Municipality's
strategy to prevent and remove barriers to persons with disabilities. The Municipality of Bayham
Multi-year Accessibility Plan will be reviewed at least once every five years. Further, an annual
status report will be prepared and presented to Council.
Section 2 - Background
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a provincial statute that
allows the government to develop and enforce specific standards for accessibility. The
standards, or regulations, are intended to achieve accessibility for persons with disabilities with
respect to customer service, transportation, built environment, information/communication and
employment.
Section 3 -Application
This policy shall apply to every person who deals with members of the public or other third
parties on behalf of the Corporation of the Municipality of Bayham, whether the person does so
as an employee, agent, volunteer or otherwise.
This policy applies to all services offered at facilities owned, leased or operated by the
Municipality, as well as public events hosted by the Municipality, regardless of where the event
takes place. This policy also applies to all external groups and agencies that use facilities
owned leased or operated by the Municipality to hold a public event.
Section 4 - Definitions
i. 'Assistive Device'shall mean a device used to assist persons with disabilities in carrying
out activities or accessing the services of persons or organizations;
ii. 'Barrier' shall mean an obstacle 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;
iii. 'Disability' shall be as defined in the Ontario Human Rights Code and the Accessibility
for Ontarians with Disabilities Act, 2005 and include 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; a condition of mental impairment or a
developmental disability; a learning disability, or a dysfunction in one or more of the
processes involved in understanding or using symbols or spoken language; a mental
disorder: or an injury or disability for which benefits were claimed under the insurance
plan established under the Workplace Safety and Insurance Act, 1997.
iv. 'Discrimination' shall mean unequal treatment based upon any of the prohibited grounds
as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour,
Sex (including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record
of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability.
v. 'Municipality' shall mean the Corporation of the Municipality of Bayham.
vi. 'Nurse' shall mean a Registered Nurse, Registered Practical Nurse or Nurse Practitioner
who is a registered member in good standing with the College of Nurses in Ontario.
vii. 'Physician' shall mean a physician who is a registered member in good standing with the
College of Physicians and Surgeons of Ontario.
viii. 'Service Animal'shall include:
a. A 'guide dog', as defined in Section 1 of the Blind Persons Rights'Act; or
b. an animal used by a person with a disability if it is readily apparent that the
animal is used by the person for reasons relating to his or her disability; or the
person provides a letter from one of the following regulated health professionals
confirming that the person requires the animal for reasons relating to the
disability:
• A member of the College of Audiologists and Speech-Language Pathologists of
Ontario.
• A member of the College of Chiropractors of Ontario.
• A member of the College of Nurses of Ontario.
• A member of the College of Occupational Therapists of Ontario.
• A member of the College of Optometrists of Ontario.
• A member of the College of Physicians and Surgeons of Ontario.
• A member of the College of Physiotherapists of Ontario.
• A member of the College of Psychologists of Ontario.
• A member of the College of Registered Psychotherapists and Registered Mental
Health Therapists of Ontario
c. As defined within legislation
ix. `Support Person'shall mean a person who accompanies a person with a disability in
order to assist them with communication, mobility, personal care, or medical needs or
with access to goods or services.
Section 5—Accessible Procurement
The Municipality will use reasonable efforts to ensure accessibility criteria and features are
considered when purchasing goods, service and facilities. When it is not practicable to
incorporate accessibility criteria, the Municipality will provide an explanation upon request. In
general, procurement will be consistent with the following principles:
i. The Municipality's goods and services are provided in a manner that respects the dignity
and independence of persons with disabilities;
ii. The provision of the Municipality's goods and services to persons with disabilities is
integrated with those provided to persons who do not have disabilities unless an
alternative measure is necessary to enable a person with a disability to obtain, use or
benefit from the Municipality's goods and services and;
iii. Persons with disabilities are given an opportunity equal to that of persons without
disabilities to obtain, use or benefit from the Municipality's goods and services.
Section 6 -Alternate Formats—Communication Supports—Web Content
The Municipality will provide alternate formats of information and communication that is
produced or in direct control of the Municipality. Alternate formats will be provided upon
request, in a timely manner and at a cost that is no more than the cost charged for the original
format. When it is not practicable to provide an alternate format, the Municipality will provide an
explanation and a summary of the document in an accessible format.
The Municipality will provide communication supports to members of the public upon request.
If the Municipality is unable to obtain the requested communication support, the Municipality will
work with the individual to determine an appropriate alternative method of communication.
In accordance with applicable legislation, the Municipality will ensure that websites and web
content are created in a manner keeping with the expectations of the Web Content Accessibility
Guidelines 2.0 (WCAG).
Purchased Documents or Videos: The Department purchasing a document or video that will be
available on the Municipality's website shall ensure that the document or video is created in a
manner that ensures compliance with WCAG 2.0.
Third-Party Documents: The Municipality will put forward efforts to ensure that documents
provided to the Municipality on behalf of a third party, that will be posted on the Municipality's
website, and not in direct control of the Municipality through a contractual relationship, will be
remediated in accordance with WCAG 2.0, unless it is not practicable to do so.
In the event that it is not practicable to remediate a third party document, for which the
Municipality is not in direct control through a contractual relationship, a member of the public
may contact the Municipality to arrange for the information to be provided in an accessible
format, upon request. The Municipality will consult with the requesting individual to determine
suitability of format.
Section 7 - Feedback Process
The ultimate goal of the Municipality is to meet and surpass public expectations pertaining to
public service. Comments on Municipal services regarding how well those expectations are
being met are welcome and appreciated as they may identify areas that require change and
encourage service improvements.
Feedback regarding the way the Municipality provides goods and services can be made by
completion of a Feedback Form available at all on the Municipal website.
Section 8 - Service Disruptions
The Municipality will make reasonable effort to provide notice of a disruption to the public,
including information about the reason for the disruption, its anticipated duration, and a
description of alternative facilities or services, if any, that may be available. The Municipality will
make reasonable effort to provide prior notice of planned disruption whenever possible,
recognizing that in some circumstances such as in the situation of unplanned temporary
disruption, advance notice will not be possible. In such cases, the Municipality will provide
notice as soon as practicable.
The notice will be placed on the Municipal website and by any other method that is reasonable
and applicable under the circumstances.
Section 9 - Support Persons
The Municipality is committed to welcoming persons with disabilities who are accompanied by a
support person. Any person with a disability who is accompanied by a support person will be
allowed to enter the Municipality's premises with their support person. At no time will a person
with a disability who is accompanied by a support person be prevented from having access to
their support person while on Municipal premises.
The Municipality may require a person with a disability to be accompanied by a support person
while on Municipal premises in situations where it is necessary to protect the health and safety
of the person with the disability or the health and safety of others on the premises.
In certain situations, the Municipality, at its discretion, may require a support person to sign a
confidentiality agreement prior to an exchange of information with the person with a disability.
A support person, when assisting a person with a disability to obtain, use or benefit from the
Municipality's goods or services, shall not be charged for admission to any facility owned and
operated by the Municipality.
Section 10 - Service Animals
The Municipality is committed to welcoming persons with disabilities who are accompanied by a
service animal on those parts of Municipal premises that are open to the public and other third
parties provided the animal is not otherwise excluded by law. If a service animal is excluded by
law, the Municipality will ensure that alternate means are available to enable the person with a
disability to obtain, use or benefit from the Municipality's goods and services.
If it is not readily apparent that the animal is a service animal, the Municipality may ask the
person with the disability for a letter from a physician or nurse confirming that the person
requires the animal for reasons relating to the disability. The Municipality may also, or instead,
ask for a valid identification card signed by the Attorney General of Canada or a certificate of
training from a recognized guide dog or service animal training school. If proper documentation
is not produced, the person with the disability may be asked to remove the animal from the
premises.
It is the responsibility of the person with the disability to ensure that their service animal is kept
in control at all times. This will include controlling the behavior of the animal (e.g. barking or
growling), cleaning up after the animal (e.g. defecation) and being responsible for any damage
the animal may cause to Municipal property.
Section 11 - Use of Assistive Devices
A person with a disability may provide their own assistive device for the purpose of obtaining,
using and benefiting from the Municipality's goods and services. Exceptions may occur in
situations where the Municipality has determined the assistive device may pose a risk to the
health and safety of a person with a disability or the health and safety of others on the premises.
In these situations, the Municipality may offer a person with a disability other reasonable
measures to assist him or her in obtaining, using and benefiting from the Municipality's goods
and services where the Municipality has such other methods available.
It should be noted that it is the responsibility of the person with a disability to ensure that his or
her assistive device is operated in a safe and controlled manner at all times.
Section 12 - Built Environment Standards
The Accessibility Standards for the Built Environment focus on removing barriers in two areas
and the Municipality is committed to the same:
Ontario Building Code
Ontario's Building Code was amended to include enhancements to accessibility in
buildings. As of January 1, 2015, new construction and renovations will be subject to
updated accessibility requirements.
Accessibility Standard for the Design of Public Spaces
The standard for the design of public spaces only applies to new construction and
major changes to existing features. The standard covers:
i. Recreational trails/beach access routes
ii. Outdoor public eating areas like rest stops or picnic areas
iii. Outdoor play spaces, like playgrounds in provincial parks and local communities
iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest areas
v. Service-related elements like service counters, fixed queuing lines and waiting
areas
vi. Maintenance of accessible public spaces.
Section 13 -Accommodation
The Municipality of Bayham is an equal opportunity employer. The Municipality's commitment to
a holistically inclusive work environment and universal accommodation extends to all
employment activities: recruitment and selection, orientation, working conditions, promotion,
training, performance management, career development and workforce transition. It also
includes the purchase and management of information technology and communication systems,
development and management of information services, decisions relating to real property,
purchases of internal fittings, and decisions related to conferences, seminars and training.
The Municipality of Bayham is an Equal Opportunity Employer
If you require accommodation at any time throughout the employment activities process, please
contact us at: 519-866-5521, accessibilitv[a�bavham.on.ca or by visiting www.bayham.on.ca and
we will make every effort to provide appropriate assistance pursuant to the Municipality of
Bayham Employment Activities Accommodation Policy.
Section 14 -Training
Training will be provided to staff members, volunteers and third parties in accordance with the
Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The Municipality will retain
records of training, including the date on which training is provided, the number of individuals to
whom it is provided and the nature of the training that is provided. The names of the individuals
trained will be recorded for municipal administrative purposes and all personal information
collected will be managed in accordance with the Municipal Freedom of Information and
Protection of Privacy Act.
The training will include:
• An overview of the Ontario Human Rights Code
• A review of the Accessibility for Ontarians with Disabilities Act, 2005
• A review of the Integrated Accessibility Standards Regulation (0. Reg 191/11)
• Specific review of Integrated Accessibility Standards Regulation requirements, based on
the duties associated with the employee.
• How to interact and communicate with persons with various types of disabilities
• 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.
• 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, services or
facilities to a person with a disability.
• What to do if a person with a disability is having difficulty accessing the Municipality's
goods, services or facilities.
The training will be appropriate to the duties of the employees, volunteers and other people.
Employees will be trained as soon as practicable.
Section 15 - Responsibilities
Municipal Council and staff are responsible for adhering to the parameters of this policy. Staff
will consult with the County of Elgin Accessibility Coordinator on the implementation of this
policy.
Section 16 - Modifications to this Policy
The Municipality is committed to developing accessibility policies that respects and promotes
the dignity and independence of persons with disabilities. Therefore, no changes will be made to
this policy before considering the impact on persons with disabilities. All amendments or
modifications to this policy shall be approved by Council.
Section 17 -Questions about this Policy
This policy exists to achieve service excellence to persons with disabilities. If questions exist
about the policy, or if the purpose of a policy is not understood, an explanation will be provided
by the Administration of the Municipality of Bayham.