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3539 To adopt the Town of Tillsonburg Accessibility PolicyTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3539 A BY-LAW to adopt the Town of Tillsonburg Accessibility Policy. WHEREAS the Accessibility for Ontarians with Disabilities Act (AODA 2005) under regulation 429/07 Accessibility Standards for Customer Service requires Municipalities to have an Accessibility Policy. WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting an Accessibility Policy. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg Accessibility Policy attached hereto as "Schedule A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 12th day of September, 2011. Read a Third and Final Time and passed this 26th day of September, 2011. Maiyor-/Joh- Clerk - Donna Hemeryck Schedule "A" to By-Law 3539 Town of Tillsonburg Accessibility Policy Contents 1. Purpose/ Background Information 2. Application 3. Definitions 4. Policy Statement 5. General Principles a. The Provision of Goods and Services to Persons with Disabilities b. Communication with Persons with Disabilities c. Notice of Temporary Disruptions in Services and Facilities d. Assistive Devices and other Measures that Assist with Accessibility e. Service Animals f. Support Persons g. Feedback h. Training 6. Availability and Format of Documents Required by the Accessibility Standards for Customer Service 7. Notice of the Availability of Documents Accessible Customer Service Policy 1. Purpose / Background Information The Accessibility for Ontarlans with Disabilities Act, 2005 (the "AODA") is a Provincial Act with the purpose of developing, implementing and enforcing accessibility standards in order to achieve accessibility for persons with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises. Under the AODA, Ontario Regulation 429/07 entitled "Accessibility Standards for Customer Service" came into force on January 1, 2008. That Regulation establishes accessibility standards specific to customer service for public sector organizations and other persons or organizations that provide goods and services to members of the public or other third parties. This policy is drafted in accordance with the Accessibility Standards for Customer Service (Ontario Regulation 429/07) and addresses the following: • the provision of goods and services to persons with disabilities; • the use of assistive devices by persons with disabilities; • the use of service animals by persons with disabilities; • the use of support persons by persons with disabilities; • notice of temporary disruptions in services and facilities; • training; • customer feedback regarding the provision of goods and services to persons with disabilities; and • notice of availability and format of documents. 2. Application This policy applies to all persons who deal with members of the public or other third parties on behalf of the Town, whether the person does so as an employee, member of Council, agent, volunteer, student on placement, or otherwise and all persons who participate in developing the Town's policies, practices and procedures governing the provision of goods and services to members of the public or other third parties. 3. Definitions "Assistive Device" A device used to assist persons with disabilities in carrying out activities or in accessing the services of persons or organizations covered by the Customer Service Standard. "Town" The Corporation of the Town of Tillsonburg, excluding boards and commissions. "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. "Guide Dog" A guide dog as defined in section 1 of the Blind Persons' Rights Act is a dog trained as a guide for a blind person and having qualifications prescribed by the regulations under the Blind Persons' Rights Act. "Nurse" A Registered Nurse or Registered Practical Nurse who is a registered member in good standing with the College of Nurses of Ontario. "Physician" A physician who is a registered member, in good standing, with the College of Physicians and Surgeons of Ontario. "Service Animal" Any animal used by a person with a disability for reasons relating to the disability where it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or where the person provides a letter from a physician or nurse confirming that he or she requires the animal for reasons relating to his or her disability; or 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. "Support Person" A person who accompanies a person with a disability in order to assist him or her with communication, mobility, personal care, or medical needs or with access to goods or services. 4. Policy Statements • The Corporation of the Town of Tillsonburg is committed to providing quality goods and services that are accessible to all persons that we serve. • The Town of Tillsonburg's Mayor, Deputy Mayor, Councillors staff and agents will communicate with persons who have disabilities in ways that are respectful and take into account the person's disability. The Town of Tillsonburg will, in advance, where possible and in a timely manner, provide notice when services are temporarily disrupted, particularly those services used by or relied upon by persons who have disabilities The Town will ensure that all staff and individual who act on behalf of the town are appropriately trained, knowledgeable and skilled in providing good, services, and opportunities to persons with disabilities. The Town will establish an accessible process for receiving and responding to accessibility feedback and complaints, and this process will be made known to the public. The Town will welcome and provide access for persons with disabilities accompanied by a service animal to all facilities The Town shall charge a reduced fee for support persons at any of its facilities which require fees for entrance or participation, and may waive the fee on a case-by-case basis. 5. General Principles a. The Provision of Goods and Services to Persons with Disabilities The Town of Tillsonburg will use reasonable efforts to ensure that its policies, practices and procedures are consistent with the following principles: • the Town's goods and services are provided in a manner that respects the dignity and independence of persons with disabilities; • the provision of the Town's goods and services to persons with disabilities are 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 Town's goods or services and, • persons with disabilities are given an opportunity equal to that of persons without disabilities to obtain, use or benefit from the Town's goods and services. b. Communication with Persons with Disabilities The purpose of this policy is to ensure that all persons with disabilities, who receive goods and services provided by the Town of Tillsonburg, and on behalf of the town of Tillsonburg, enjoy unhindered and respectful access to those goods and services, irrespective of their communication mode while maintaining their dignity and independence. It is intended to facilitate efficient, effective and respectful provision of goods and services to persons with disabilities. All communication between the Town of Tillsonburg and the public shall take into account the communication needs of persons with disabilities. Communication is a process of providing, sending, receiving and understanding information. Communication must take place in a manner that takes into account the individual's disability. This means that all persons who provide services on behalf of the Town of Tillsonburg must consider how the disability affects the way that the person expresses, receives or processes communications. The town shall ensure that staff know how to provide service in various manners or know who is able to and/or assigned to provide same including accessing American Sign Language interpreters, intervenes, large print, audio formats, Braille, hand-writing and texting formats. c. Notice of Temporary Disruptions in Services and Facilities The Town is aware that the operation of its services and facilities is important to the public. However, temporary disruptions in the Town's services and facilities may occur due to reasons that may or may not be within the Town's control or knowledge. The Town will make reasonable effort to provide notice of the 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 Town will make reasonable effort to provide prior notice of planned disruption if 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 Town will provide notice as soon as possible. When temporary disruptions occur to the Town's services or facilities, the Town will provide notice by posting the information in visible places, or on the Town's website (www.Tillsonburg.ca), or by any other method that may be reasonable under the circumstances as soon as reasonably possible. d. Assistive Devices and other Measures that Assist with Accessibility A person with a disability may provide their own assistive device for the purpose of obtaining, using and benefiting from the Town's goods and services. Exceptions may occur in situations where the Town has determined that 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 and others, the Town may offer a person with a disability other reasonable measures to assist him or her in obtaining, using and benefiting from the Town's goods and services, where the Town has such other measures 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. e. Service Animals Persons with a disability may enter premises owned and operated, or operated, by the Town accompanied by a service animal and keep the animal with them if the public has access to such premises and the animal is not otherwise excluded by law. If a service animal is excluded by law, the Town will ensure that alternate means are available to enable the person with a disability to obtain, use or benefit from the Town's goods and services. If it is not readily apparent that the animal is a service animal, the Town may ask the person with a disability for a letter from a physician or nurse confirming that the person requires the animal for reasons relating to his or her disability. The Town 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. It should be noted that it is the responsibility of the person with a disability to ensure that his or her service animal is kept in control at all times. f. Support Persons A person with a disability may enter premises owned and operated, or operated, by the Town with a support person and have access to the support person while on the premises. The Town may require a person with a disability to be accompanied by a support person while on Town premises in situations where it is necessary to protect the health or safety of the person with a disability or the health and safety of others on the premises. A support person, when assisting a person with a disability to obtain, use or benefit from the Town's goods and services, will be permitted to attend at no charge or at a reduced fee where an admission fee is applicable, except in special circumstances (for example, when the number of support persons is considerably greater than the number of persons with disabilities). g. Feedback The Town of Tillsonburg is committed to providing high quality goods and services to all members of the public it serves. Feedback from the public is welcomed as it may identify areas that require change and encourage continuous service improvements. Feedback from a member of the public about the delivery of goods and services to persons with disabilities may be given by telephone, in person, in writing, in electronic format or through other methods. Information about the feedback process will be readily available to the public and notice of the process will be posted on the Town's website (www.Tillsonburg.ca) on a page devoted to Accessibility/ and/or in other appropriate locations. h. Training The Town will ensure that all persons to whom this policy applies receive training as required by the Accessibility Standards for Customer Service. The amount and format of training given will be tailored to suit each person's interactions with the public and his or her involvement in the development of policies, procedures and practices pertaining to the provision of goods and services. The content of the training will include: • a review of the purposes of the AODA; • the requirements of the Accessibility Standards for Customer Service (Ontario Regulation 429 / 07); • instruction on the Town's policies, procedures and practices pertaining to the provision of goods and services to persons with disabilities; • how to interact and communicate with persons with various types of disabilities; • what to do if a person with a particular type of disability is having difficulty accessing the Town's goods or services; • how to interact with persons with disabilities who use assistive devices or who require the assistance of a support person or service animal; and • information about the equipment or devices available on the Town's premises that may help with the provision of goods or services to persons with disabilities. Timeline for Training Training will be provided as soon as practicable upon an individual being assigned the applicable duties as well as on an ongoing basis as changes occur to the Town's policies, procedures and practices governing the provision of goods or services to persons with disabilities. Records of Training The Town will keep records of the training, including the date on which training is provided and the number of individuals to whom it is provided. The names of individuals trained will be recorded for training administration purposes, subject to the Municipal Freedom of Information and Protection of Privacy Act (" 6. Availability and Format of Documents Required by the Accessibility Standards for Customer Service (Ontario Regulation 429/07) All documents required by the Accessibility Standards for Customer Service, including the Town's Accessible Customer Service policies, procedures and practices, notices of temporary disruptions, training records, and written feedback process are available upon request, subject to MFIPPA. When providing a document to a person with a disability, the Town will provide the document, or the information contained in the document, in a format that takes the person's disability into account. 7. Notice of the Availability of Documents Notice of the availability of all documents required by the Accessibility Standards for Customer Service will be posted on the Town's website, and available through the Town Clerk's Office and Town's public library.