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Accessibility for Ontarians with Disabilities Act, 2005
Member Accommodation Policy Approved September 2020 Purpose Sets out how everyone in Scouting will do their best to accommodate the needs of members so they can participate in programs and activities. Our Commitment Through Scouts Canada’s Groups and Sections, we are committed to: Delivering programs that are inclusive, free from discrimination, meaningful, and safe for every participant; Respecting human and other rights of participants; and Working with members to accommodate their needs based on protected grounds and in accordance with applicable human rights legislation. Our Policy We will adhere to provincial/territorial accessibility legislation and human rights legislation across Canada. Where legislation does not exist, we will apply the standards from the Accessibility for Ontarians with Disabilities Act, 2005. It is intended that all aspects of this Policy shall comply with the AODA and other applicable provincial/territorial accessibility legislation and human rights legislation (jointly referred to as “the Applicable Legislation”). The Applicable Legislation, as it may from time to time be amended, is incorporated herein and will prevail if greater than the terms of this Policy. Sometimes an accommodation is required to enable a person to participate in and fulfill the goals of an activity. When this happens, we will cooperate and assist this person to the best of our ability and in accordance with Applicable Legislation. Before implementing an accommodation, we will determine: The existence of a need for accommodation: The needs related to the request for accommodation: Whether more information related to the accommodation request is needed (pursuant to the Member Accommodation Procedure); Whether there is a duty to accommodate pursuant to Applicable Legislation; Whether the accommodation may interfere with the health and safety of other participants; and Whether the requested accommodation may be reasonably implemented by Scouts Canada or whether implementation would create an undue hardship. Related Policies & Standards Diversity and Inclusion Policy Accessible Customer Service Policy Related Procedures Member Accommodation Procedure Accessible Customer Service Procedure Resources Accessibility for Ontarians with Disabilities Act, 2005 FAQs — Scouts Canada Online Support Centre Approved September 2020 Effective Date September 2020 Updates V2: Updated due to relevant legislation Accessible Customer Service Policy Approved September 2020 Purpose Details the standards Scouts Canada’s employees, volunteers, agents, contractors, and other third parties must follow for programs, activities, goods, services, and facilities to comply with provincial/territorial accessible customer service standards. Our Commitment Our Accessible Customer Service Policy uses the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) and Regulation 191/11, as amended from time to time, as its benchmark for accessible customer service, due to its recognition as currently being the most comprehensive provincial legislation with respect to establishing accessibility standards for persons with disabilities. We are committed to helping our Groups, Areas, and Councils meet these standards in accordance with this Policy and the corresponding Scouts Canada Accessible Customer Service Procedure. It is intended that all aspects of this Policy shall comply with the AODA and other applicable provincial/territorial accessibility legislation and human rights legislation (jointly referred to as “the Applicable Legislation”). The Applicable Legislation, as it may from time to time be amended, is incorporated herein and will prevail if greater than the terms of this Policy. Our Policy We are required to meet the requirements of the Applicable Legislation and corresponding Accessibility Standards for Customer Service. We will make every reasonable effort to ensure that our policies, practices, and procedures are consistent with the principles of independence, dignity, integration, and equal opportunity. When communicating with a person with a disability, we will make reasonable efforts to do so in a manner that takes into account the person’s disability. When accessing programs, goods, services, or facilities that we provide, persons with disabilities may use their own assistive devices as required. A customer or member with a disability who is accompanied by a guide dog, service animal, or service dog (jointly referred to as “service animal”) will be allowed access to premises that are open to the public, unless otherwise excluded by law. “No-pet” policies do not apply to service animals. If a service animal is excluded by law from the premises, we will ensure that other measures are available to enable a person with a disability to obtain, use or benefit from our services, goods, or facilities. If a customer or member with a disability is accompanied by a support person, we will ensure that both persons are allowed to enter the premises together and that the customer or member is not prevented from having access to the support person. Service disruptions may occur due to reasons that may or may not be within the control or knowledge of Scouts Canada. In the event of any temporary disruptions to facilities or services that customers or members with disabilities rely on to access or use Scouts Canada’s programs, goods, or services, reasonable efforts will be made to provide advance notice. In some circumstances, such as unplanned temporary disruptions, advance notice may not be possible. In cases of unplanned temporary disruptions, notice of the disruption including the reason, anticipated duration, and alternative services available, will be made. We will give customers and members the opportunity to provide feedback about the manner in which service is provided to customers and members with disabilities. Information about the feedback process will be readily available to all customers and members and notice of the process will be made available on Scouts Canada’s website, scouts.ca. Feedback forms and alternate methods of providing feedback—such as verbally (in person or by telephone) or written (handwritten, delivered, website, or email)—are available on request. We will provide training to all employees, volunteers, agents, and/or contractors who deal with members and the public, or other third parties that act on behalf of Scouts Canada. These include salespersons, drivers, vendors, event operators, call-centre and third-party marketing agents, and those who are involved in the development, implementation, and approval of customer service policies, practices, and procedures. Scouts Canada will notify customers and members that the documents related to the Accessibility Standards for Customer Service are available on request and in a format that takes into account the member’s or customer’s disability. We will give notification by posting the information in a conspicuous place owned and operated by Scouts Canada such as Scouts Canada’s website and/or any other reasonable method. Related Policies & Standards Member Accommodation Policy Volunteer Screening Policy Related Procedures Accessible Customer Service Procedure Member Accommodation Procedure Resources Accessibility for Ontarians with Disabilities Act, 2005 Ontario Integrated Accessibility Standard (O. Reg. 191/11) The Accessibility for Manitobans Act Manitoba Customer Service Standard Regulation (M.R. 171/2015) The Nova Scotia Accessibility Act Provincial/territorial Human Rights legislation FAQs — Scouts Canada Online Support Centre Approved September 2020 Effective Date September 2020 Updates V2: Updated due to relevant legislation Accessible Customer Service Procedure Approved August 2020 Introduction The Accessible Customer Service Policy and this Procedure are intended to meet the requirements of Part IV.2 of the Integrated Accessibility Standards, Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act, 2005 and other applicable provincial/territorial accessibility legislation, as amended from time to time (jointly referred to as “the Applicable AODA Legislation”). Both the Policy and this Procedure apply to the provision of goods, services, and facilities to the public or other third parties (hereinafter referred to as “customers”, “members”, or “persons with disabilities”), not to the goods themselves. In the absence of applicable provincial/territorial accessibility legislation, Scouts Canada will adopt the Ontario AODA requirements due to its recognition as currently being the most comprehensive provincial legislation with respect to establishing accessibility standards for persons with disabilities. It is intended that all aspects of this Procedure shall comply with the Applicable AODA Legislation. The Applicable AODA Legislation, as it may from time to time be amended, is incorporated herein and will prevail if greater than the terms of this Procedure. Our Procedure The Provision of Goods, Services, and Facilities To Persons with Disabilities We will make every reasonable effort to ensure that our policies, practices, and procedures are consistent with the principles of dignity, independence, integration, and equal opportunity by: Ensuring that the provision of goods, services, or facilities to persons with disabilities is integrated with the provision of goods, services, or facilities to others, wherever possible; Using alternative methods when possible to ensure that persons with disabilities have access to the same services, in the same place and in a similar manner to others; Ensuring persons with disabilities are given an opportunity equal to that given to others to obtain, use, and benefit from the goods, services, or facilities; Allowing persons with disabilities to do things in their own ways, at their own pace when accessing goods, services, or facilities as long as this does not present a safety risk; Taking into account individual needs of persons with disabilities when providing goods, services, and facilities; and Communicating in a manner that takes into account the person’s disability. Assistive Devices Members’ or Customers’ own assistive device(s): Persons with disabilities may use their own assistive devices as required when accessing goods, services, or facilities provided by Scouts Canada. In cases where the assistive device presents a safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure the access to goods, services, and facilities. For example, open flames and oxygen tanks cannot be near one another. Therefore, the accommodation of a person with an oxygen tank may involve ensuring the person is in a location that would be considered safe for both the person and others. Or, where elevators are not present and where an individual requires assistive devices for the purposes of mobility, service will be provided in a location that meets the needs of the member or customer. Scouts Canada will ensure that our staff is trained and familiar with various assistive devices that may be used by persons with disabilities while accessing our good, services, and facilities and how to interact with persons with disabilities who use an assistive device. Guide Dogs, Service Animals, and Service Dogs Persons with disabilities while accessing our good, services, and facilities, accompanied by guide dog, service animal, or service dog (jointly referred to as “service animal”) will be allowed access to premises that are open to the public unless otherwise excluded by law. “No pet” policies do not apply to service animals. Food Service Areas Persons with disabilities while accessing our good, services, and facilities, accompanied by a service animal will be allowed access to food service areas that are open to the public, unless otherwise excluded by law. Exclusion Guidelines If a service animal is excluded by applicable law we will offer alternative methods to enable the person with a disability to obtain, use or benefit from our goods, services, or facilities. Recognizing a Service Animal If it is not readily apparent that the service animal is being used by the customer or member for reasons relating to disability, we may request verification from the customer or member. Verification may include: A letter from a regulated health professional (recognized by Applicable AODA Legislation) confirming that the person requires the service animal for reasons related to the disability; and A valid identification card issued by the provincial/territorial Ministry of the Attorney General. Care and Control of the Animal The member or customer that is accompanied by a service animal is responsible for maintaining care and control of the animal at all times. Support Persons If a member or customer with a disability is accompanied by a support person, we will ensure that both persons are allowed to enter the premises together and that the member or customer is not prevented from having access to the support person. In situations in which confidential information might be discussed, consent will be obtained from the member or customer prior to any conversation in which confidential information might be discussed. If payment is required by a support person for admission to the premises, we will ensure that notice is given in advance by posting notice of admission fees for support persons where Scouts Canada fees are posted. Scouts Canada may require a person with a disability to be accompanied by a support person when on the premises, but only if, after consulting with the person with a disability and considering the available evidence, Scouts Canada determines that, (i) a support person is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises; and (ii) there is no other reasonable way to protect the health or safety of the person with a disability and the health or safety of others on the premises. Notice of Disruptions in Service Service disruptions may occur due to reasons that may or may not be within our control or knowledge. In the event of any temporary disruptions to facilities or services that members or customers with disabilities rely on to access or use Scouts Canada’s goods, services, or facilities, reasonable efforts will be made to provide advance notice. In some circumstances, such as in the situation of unplanned temporary disruptions, advance notice may not be possible. In cases of unplanned temporary disruptions, notice of the disruption will be provided and will include the information set out, below, in subparagraph (b). Notification Inclusions In the event that a notification needs to be posted, the following information will be included unless it is not readily available or known: Services or facilities that are disrupted or unavailable; Reason for the disruption; Anticipated duration; and A description of alternative facilities, services, or options that are available. Notifications Options When disruptions occur, we will provide notice by: Posting notices in conspicuous places including at the point of disruption, at the main entrance, and the nearest accessible entrance to the service or facility disruption, and/or on the Scouts Canada website; Contacting customers or members with appointments or meetings; Verbally notifying customers or members when they are making a reservation or appointment, or while they are at a Scouts Canada facility; or By any other method that maybe reasonable under the circumstances. Feedback Process We shall provide members and customers with the opportunity to give feedback on the service provided to customers or members with disabilities. Information about the feedback process will be readily available to all members and customers and notice of the process will be made available on Scouts Canada’s website, scouts.ca. Feedback forms along with alternate methods of providing feedback, such as verbally (in person or by telephone) or written (handwritten, delivered, website or email), will be available upon request. Submitting Feedback Members and customers can submit feedback by: Emailing accessibility@scouts.ca Completing a paper feedback form at any of Scouts Canada’s Service Centres or Scout Shop locations in Ontario; or Verbally providing feedback to any Scouts Canada employee. Members and customers who provide formal feedback will receive acknowledgement of their feedback, along with notification of any resulting actions based on concerns or complaints that were submitted. Training We will Provide Training to: All employees, volunteers, agents, and/or contractors who deal with the public or other third parties that act on behalf of Scouts Canada; for example: salespersons, drivers, vendors, event operators, call centres, and third party marketing agents; and Those who are involved in the development, implementation, and approval of customer service policies, practices, and procedures. Training Provisions As reflected in Applicable AODA Legislation, regardless of the format, training will cover the following: A review of the purpose of Applicable AODA Legislation; A review of the requirements of applicable Customer Service Standard Regulations; Instructions on how to interact and communicate with people with various types of disabilities; Instructions on how to interact with people with disabilities who: Use assistive devices; Require the assistance of a service animal; and Require the use of a support person (including the handling of admission fees). Instructions on how to use equipment or devices that are available at our premises or that we provide that may help people with disabilities; Instructions on what to do if a person with a disability is having difficulty accessing Scouts Canada’s goods, services, or facilities; Scouts Canada’s policies, procedures, and practices pertaining to providing accessible customer service to customers and members with disabilities. Training Schedule We will provide training as soon as practicable. Training will be provided to new employees, volunteers, agents, and/or contractors who deal with the public or act on our behalf. We will provide revised training in the event of changes to legislation, procedures, and/or practices. Record of Training We will keep a record of training that includes the dates training was provided and the number of employees or volunteers who completed the training. Notice of Availability and Format of Documents We shall notify customers and members that the documents related to the Accessibility Standard for Customer Service are available upon request, made available in a timely manner, in a format that takes into account the member or customer’s disability, and at a cost (where applicable) that is no more than the regular cost charged to other persons. Notification will be given by posting the information in a conspicuous place owned and operated by Scouts Canada, the Scouts Canada website, and/or any other reasonable method. Related Bylaws Article II — Members Related Policies & Standards Accessible Customer Service Policy Member Accommodation Policy Diversity and Inclusion Policy Related Procedures Member Accommodation Procedure Resources Scouts Canada and the Accessibility for Ontarians with Disabilities Act FAQs Accessibility for Ontarians with Disabilities Act, 2005 Accessibility Standards for Customer Service, Ontario Regulation 429/07 Blind Person’s Rights Act, 1990 Dog Owners’ Liability Act, Ontario Food Safety and Quality Act 2001, Ontario Regulation 31/05 Health Protection and Promotion Act, Ontario Regulation 562 Ontario Human Rights Code, 1990 FAQs — Scouts Canada Online Support Centre Approved August 2020 Effective Date September 2020 Updates: V2: Updated due to relevant legislation