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About our presenter… Dianne Winterrmute is a staff lawyer at ARCH Disability Law Centre. She has represented individuals and disability organizations at various tribunals and all levels of court, including the Supreme Court of Canada, in cases involving advancement of the rights of people with disabilities and people living in poverty. Formerly the Executive Director of East Toronto Community Legal Services, Dianne was called to the bar in 1986.

Accessibility for Ontarians with Disabilities Act and Customer Service Standard ARCH Disability Law Centre November 22, 2010

 AODA became law in 2005  Purpose of AODA = achieve accessibility for Ontarians with disabilities in goods, services, facilities, accommodation, employment and buildings by Jan. 1, 2025  AODA allows government to develop accessibility standards Accessibility for Ontarians with Disabilities Act (AODA)

 Accessibility standards set out steps to identify and remove existing barriers to accessibility and to prevent creation of new barriers  Accessibility standards require persons/organizations to take those steps within specified period of time  Accessibility standards become regulations under AODA  Accessibility Standards for Customer Service (CSS) was first accessibility standard to become law Accessibility Standards

 Designated public sector organizations  Legal Aid Ontario  Ontario government ministries  Many boards, commissions, agencies: LTB, SBT, HRTO, OHRC etc.  School boards, hospitals, public transportation in Ontario  Every other person or organization in Ontario that provides goods or services to the public or third parties and has at least 1 employee  Stores, restaurants, hotels, bars  Police, ambulance, fire department  Professionals: doctors, accountants, lawyers, etc.  Legal aid clinics Who does the CSS Apply to?

 Establish policies, practices, procedures on providing goods and services to people with disabilities  Policies, practices, procedures should ensure that goods and services are provided in a manner that is consistent with principles of dignity, independence, integration of services, equality of opportunity  Policy, practices, procedures must address the use of assistive devices (symbol board, magnifier, computer, walker etc) CSS Requirements: Policies

 Communicate with people with disabilities in a way that takes into account their disability  Organizations with at least 20 employees must prepare policy documents and make these available to public on request CSS Requirements: Policies

 Example : A coffee shop might have a policy which states that wait staff should read the bill to a customer who is blind or has low-vision. A florist shop might have small notepad and pen available by the cash register for customers who are Deaf to write notes.  Example : Some people with low vision use magnification devices called monoculars to see large screens or other things at a distance. At a movie theatre that prohibits recording devices, a staff person might assume the monocular is a recording device and restrict a person from using one. A policy could address this. CSS Requirements: Policies EXAMPLES

 Example: A client with an intellectual disability or a disability that affects her memory has a difficult time remembering details such as dates, times and tasks that need to be completed. The clinic may need to set up a system to remind that client of her appointment and the case worker may need to provide the client with a written “to do” list that is given to or ed to the client at the end of each appointment.  Example: A hospital provides sign language interpreters to Deaf patients who use American Sign Language (ASL) or langue des signes québécoise (LSQ). When a Deaf patient is admitted who does not understand ASL or LSQ, the hospital learns from her that she is comfortable communicating back and forth in writing or by typing. The hospital is therefore taking into account the patient’s disability and preferred method of communicating. CSS Requirements: Policies EXAMPLES

 Allow service animals to enter the premises and accompany person with a disability  Allow support persons to enter the premises and assist person with a disability  If person with a disability is required to pay entrance fee, organization must provide advance notice of amount payable for the support person CSS Requirements: Service Animals, Support Persons

 Organizations with at least 20 employees must prepare documents describing policies, practices and procedures regarding service animals and support persons and make these available to public on request  What is a “Service Animal”? If it is readily apparent that the person with a disability uses the animal for reasons related to the disability then the animal is a “service animal” or if the person presents a note from a doctor or nurse which states that the person needs an animal for reasons related to the disability CSS Requirements: Service Animals, Support Persons

 Example : A person with a disability comes to your clinic for an appointment along with her support person. Before discussing confidential information in front of the support person, seek the consent of the person with a disability.  Example : A client who uses a Bliss or symbol board comes to your clinic with a support person who vocalizes the words and symbols as the client indicates them on the board. Make sure you are looking at and addressing your client and not the support person. CSS Requirements: Service Animals, Support Persons EXAMPLES

 Example : A client comes to your office with a support person who explains what you are saying to the client so that the client can understand the information and what decisions he has to make. Through this support the client is insured that his capacity to make decisions for himself is protected. The caseworker must insure she is taking instructions from the client and not the support person. This may require patience and time. CSS Requirements: Service Animals, Support Persons EXAMPLES

 Organization must give notice when facilities or services that people with disabilities rely on to access goods, services are disrupted  Notice of disruption must include reason, anticipated duration, description of alternative facilities, services  Organizations with at least 20 employees must prepare documents to describe the process for providing notice of the disruption and make these available to public on request CSS Requirements: Notice of Service Disruption

 Example : A shopping mall has scheduled maintenance on one of its elevators, and it will be unavailable for two days. The mall posted the planned disruption on its website a week in advance and posted a sign by the elevator the day before the disruption. These notices explain the reason for the disruption, its expected length and where an alternative elevator is available in another area of the mall.  Example : You clinic is closing during Toronto Training Conference. You should post a notice on your website, on your door and change your outgoing phone message. The notice should indicate where other help can be obtained. If you have current clients who may need to be notified other ways to meet their disability needs, their needs must be considered. CSS Requirements: Notice of Service Disruption EXAMPLES

 Organizations must train employees, agents, volunteers and others who deal with the public or other third parties on behalf of the organization  Training must include:  purpose of AODA and requirements of CSS  how to interact and communicate with people with various disabilities  how to interact with people who use service animals, assistive devices or are accompanied by support person  what to do if a person with disability has trouble accessing services  Training must be provided on on-going basis CSS Requirements: Training

 Organizations must establish a process for receiving and responding to feedback about the way it provides goods, services to people with disabilities  Information about feedback process must be readily available to public  Process must allow people to provide feedback in person, by telephone, in writing, by or on diskette  Process must specify actions the organization will take if a complaint is received CSS Requirements: Feedback

 Designated public sector organizations must comply by January 1, 2010  All other persons or organizations to whom the CSS applies must comply by January 1, 2012 When must Organizations Comply?

 Legal clinics are not included in the designated public sector organizations that must comply by Jan. 1, 2010  Legal clinics must comply by Jan. 1, 2012  ARCH has taken steps to comply with the Customer Service Standard and encourages legal clinics to comply as soon as possible  Compliance may help legal clinics to become more accessible and better serve our clients with disabilities When must Legal Clinics Comply?

 Common misconception: organizations that only have to comply with CSS in 2012 do not have any obligations to persons with disabilities until then  In fact, AODA states that nothing in it or the accessibility standards diminishes the legal obligations imposed by other laws  Despite requirements of the CSS, organizations must ensure they comply with all existing legal obligations, including those imposed by Ont’s Human Rights Code  Compliance with CSS does not prevent person with disability from filing a human rights application AODA, CSS and Other Laws

No individual redress under AODA, CSS:  No individual complaint mechanism when persons, orgs fail to comply  No mechanisms to challenge Ministry decision that person, org has complied  Individuals can request copies of policies, procedures, training which some organizations are required to document  When organizations have filed accessibility reports, individuals can request copies  Through AODA Contact Centre/ ServiceOntario phone line individuals can report to Ministry when they believe organizations have failed to comply How can CSS be used to advocate for clinic clients?

 Evaluate whether existing policies, practices and procedures satisfy requirements of CSS  Develop new policies, practices and procedures as required  Provide training to staff, volunteers and others as needed and required Next Steps for Clinics

 Information about AODA, CSS available on Ministry of Community and Social Services website: mplyingStandards/index.aspx  Ministry’s website includes materials to assist organizations to comply with CSS  Sign up for free breakfast information session or webcast presented by MCSS. More information at: y/ComplyingStandards/csForm.aspx y/ComplyingStandards/csForm.aspx More Information and Resources

 ARCH can make our relevant policies available to assist other clinics to develop their policies  Consider obtaining ILA to ensure compliance More Information and Resources

 Other accessibility standards that are being developed: transportation, employment, built environment, information & communications  Accessibility standards on employment, built environment and information & communications will likely all have implications for clinics  None of these standards have come into enforce yet Other Accessibility Standards

 Government has posted a final proposed Built Environment Standard. Standard was developed by a Standards Development Committee and received public consultation.  Standard has been submitted to the Minister of Community and Social Services for consideration as law.  If the Standard becomes law in Ontario, businesses and organizations in the province will have to use the Standard to identify, remove and prevent barriers to accessibility in built environments.  Standard would apply to all new construction and extensive renovations to the existing built environment. Accessible Built Environment Standard (Proposed)

 Standard has 11 groups of building elements:  common access and circulation  interior accessible routes  exterior spaces  communication elements and facilities  plumbing elements and facilities  building performance and maintenance  special rooms, spaces and other elements  transient residential  recreation elements and facilities  transportation elements and multi-unit housing. Accessible Built Environment Standard (Proposed)

 For each building element (e.g., doors and doorways), there are technical requirements. The technical requirements explain how to make an element accessible for people with disabilities; for example, the minimum width of a building doorway so that a wheelchair or scooter can move through it. Accessible Built Environment Standard (Proposed)

 Originally Standards Development Committees developed separate accessibility standards for Employment, Information and Communication, and Transportation  Fall 2010: MCSS released proposed Integrated Accessibility Standard that is to replace all 3  MCSS attempting to harmonize certain elements of the standards such as which types of organizations must comply, time lines, training, compliance, enforcement and reporting Integrated Accessibility Standard (Proposed)

 Integrated Standard was open for public consultation until October 16  Integrated Standard outlines some requirements for compliance under each of the previously proposed standards:  Employment  Information and Communication  Transportation  Most requirements under the Integrated Standard now only apply to government organizations and private and not-for-profit organizations that have more than 50 employees (unlike Customer Service Standard that exempts those with fewer than 20 employees from some requirements) Integrated Accessibility Standard (Proposed)

Accessible Formats and Communication Supports  Information that is not available on an accessible website must be provided in accessible formats and communication supports must be provided, upon request  In a manner that takes into account the person’s disability  At a cost that is no more than the regular cost charged to other persons  Every obligated organization will be required to notify its employees and the public about the availability of accessible formats and communication supports Integrated Accessibility Standard (Proposed)

Accessible Formats and Communication Supports  Websites are to meet some specific industry and international accessibility standards  All educational institutions required to:  provide their educational and training materials in alternate formats when given advance notice  train educators on accessibility awareness and accessible course design  ensure that they purchase conversion ready formats  have most library materials (not rare, archival etc.) available in accessible formats Integrated Accessibility Standard (Proposed)

Accessible Employment Requirements  Requirements for employment prescribe how organizations provide accessibility for people with disabilities across all stages of employment, including:  Recruitment  Accommodation in job  Return to work plans  Performance management  Career Development Integrated Accessibility Standard (Proposed)

Transportation  If passed into law, most operators of transportation services would be required to comply with the standard with the exception of:  Voluntary or faith-based transportation  Federally regulated transportation  Emergency response vehicles  Amusement park rides Integrated Accessibility Standard (Proposed)

Transportation  Standard would cover the following types of requirements in attempt to ensure that barriers in accessing transportation services are identified and removed:  Operator Responsibilities  Training  Availability of Accessibility Equipment and Features  Equal Fares and Fees  Treatment of Support Persons Integrated Accessibility Standard (Proposed)

Transportation (cont…)  Fare Parity for Conventional and Specialized Transportation  Accessible Boarding/De-boarding  Storage of Assistive Devices  Announcement and Destination Signage  Lighting Integrated Accessibility Standard (Proposed)

 Several ways in which government can enforce:  Self-monitoring and self-reporting  Persons, organizations covered by CSS must file accessibility reports annually – first report due March 31, 2010  Organizations with fewer than 20 employees exempted  Self-reporting will likely be required under the Built Environment and Integrated Accessibility Standards, but organizations under 50 employees will be exempt  Inspections  AODA requires appointment of inspectors  Not yet clear how many inspectors will be appointment and how often they will inspect How will Government Enforce Accessibility Standards?

 Orders and penalties  Directors appointed under AODA can order people, organizations to comply with a standard, file accessibility reports or pay administrative penalties  Persons, organizations subject to an order can appeal to a designated tribunal  Licence Appeal Tribunal has been designated to hear appeals  Government can use all these ways to ensure persons, organizations comply with accessibility standards, but emphasis appears to be on self-monitoring and self- reporting How will Government Enforce Accessibility Standards?

 How does the AODA impact clinic services like summary advice, intake and PLE?  By 2012, clinics must ensure that they have policies and practices for providing services to people with disabilities in a way that takes into account the person’s disability. For example:  Some clients may need an in-person appointment, even if the clinic usually provides all summary advice by phone. Some clients may require a support person or ASL translator during their summary advice appointment.  Clinics should be able to provide PLE materials in alternate formats. Promotional materials for PLEs should specify who people can call to request accommodations. Q + A

 What are clinics’ obligations to provide accommodations such as sign language interpreters, attendant care services, communication devices like computers for clients who are blind, or fire/ emergency alarms in flashing lights? Are these new obligations under the accessibility standards?  Under the Customer Service Standard clinics will, in 2012, have obligations to create policies and practices on providing services to people with disabilities, including the use of assistive devices. Policies and practices should address the provision of ASL, attendant services, assistive devices like screen readers, and other accommodations that are necessary in order to provide goods and services to people with disabilities.  These obligations are not new. Under Ontario’s Human Rights Code, clinics must accommodate clients with disabilities up to the point of undue hardship. Q + A

 Are there resources that can help clinics to make their websites accessible?  Volunteers or professionals who develop websites for clinics should either have expertise in developing accessible websites or use consultants and online tools to develop expertise  W3C Web Accessibility Initiative:  Inclusive Design Research Centre:  Free internet tools that check websites for accessibility by screen readers Q + A

Thank-you! Questions?

2010, Community Law School (Sarnia- Lambton) Inc. This webinar was brought to you by CLEONet. For more information visit the Health and Disability section of CLEONet at For more public legal information webinars visit: