APPROVED AT REGIONAL COUNCIL May - Region of Peel · May 9,2013 MA-B3. Report of the Region of Peel Accessibility Advisory Committee (AAC-2013-3) meeting held on April 23, 2013

Region of Peel

APPROVED AT REGIONAL COUNCIL May 9,2013

MA-B3. Report of the Region of Peel Accessibility Advisory Committee (AAC-2013-3) meeting held on April 23, 2013

6. REPORTS

b. Region of Peel Accessibilify Advisory Committee - Updated Terms of Reference

Deferred fo the May 21, 2013 Accessibility 2013-418 Advisow Committee meeting

P Rqion d Ped REPORT Wokkiziuq fok qotl Meeting Date: May 21, 201 3

Peel Accessibility Advisory Committee

DATE: April 8, 2013

REPORT REGION OF PEEL ACCESSIBILITY ADVISORY COMMITTEE - TITLE: UPDATED TERMS OF REFERENCE

FROM: Norma Trim, Chief Financial Officer and Commissioner of Corporate Services

RECOMMENDATION

That the proposed amendments to the Terms of Reference for the Region of Peel Accessibility Advisory Committee, attached as Appendix I to the report of the Chief Financial Officer and Commissioner of Corporate Services, dated April 8, 2013, titled "Region of Peel Accessibility Advisory Committee - Updated Terms of Reference", be adopted.

Ontarians with Disabilities Act, 2005 require that the Region of Peel maintain an Accessibility Advisory Committee (AAC).

0 The first terms of reference for the AAC was created in December, 2002 and was last amended in June 2008.

0 At the request of AAC members, staff reviewed and are recommending a number of changes to the current terms of reference.

DISCUSSION

1. Background

The Ontarians with Disabilities Act 2007, (ODA), and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) require all municipalities with

April 8, 201 3 REGION OF PEEL ACCESSIBILITY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

a population over 10,000 to establish and maintain an Accessibility Advisory Committee (AAC). In accordance with the ODA requirements, the Region of Peel first approved the terms of reference for the AAC on December 12, 2002 (Resolution 2002-1221) and subsequently established its first AAC in June 2003 (Resolution 2003-525). The terms of reference for the Committee were subsequently amended on May 28, 2003 and June 18, 2008 respectively.

Over the past year some members of the AAC expressed a desire to increase membership on the Committee to address issues with quorum requirements at the regular meetings and to increase representation on the subcommittees. Upon the request of the AAC, staff reviewed the current terms of reference and discovered that in addition to creating a process to recruit new members there was also a need to clarify the roles, responsibilities and mandate of the AAC. Staff also identified some administrative matters in the terms of reference that required updates.

2. Findings

After several discussions with the AAC Chair and Vice-Chair, staff recommended amendments to the following sections of the terms of reference.

a. Mandate

The mandate was amended to better clarify the roles and responsibilities of the AAC and refocus the activities of the Committee on matters that are within the jurisdiction of Council. In addition, the mandate now reflects the responsibilities of the AAC as outlined in the ODA and AODA.

b. Membership Requirements

The membership composition was amended to require at least two members from organizations that represent individuals with disabilities that reside in the Peel region. This will assist in promoting broader representation of different disability types on the AAC and will create opportunities for the Committee to share information and learn from the organizations represented.

April 8, 2013 REGION OF PEEL ACCESSlBlLlN ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

In addition, this section was amended to include a procedure to recruit non-elected members to the AAC during an existing Council term. The procedure was created to address issues with satisfying quorum requirements at the regular meetings and to increase member representation on the subcommittees.

c. Term of Appointment of Committee Members

The term of appointment for AAC members was amended to increase opportunities for new members to participate in the AAC with the goal of bringing new perspectives and experiences vital to the sustainability of the AAC. This is also consistent with many other municipalities which place limits on the terms of their AAC members.

d. Member Responsibilities

This section was amended to require non-elected members to sign a Membership Responsibility Agreement. The goal of the agreement is to further clarify the roles and responsibilities of the members and emphasize the importance of atte.nding and participating in regular and subcommittee meetings.

In addition, a training requirement was added to the membership responsibility section. The introduction of training assists members in obtaining a greater understanding of AODA, ODA, and the overall structure and operation of the Region of Peel.

e. Quorum Requirements

This section was amended to address the issues that the AAC has experienced with quorum requirements at the regular meetings. The goal of the fixed numerical quota is to reduce the number of AAC meetings that are cancelled as a result of problems meeting quorum requirements.

f. Staff Resources

This section was amended to better clarify the support services that staff will provide to the AAC.

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Apr118, 2013 REGION OF PEEL ACCESSlBlLlTY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

The following chart provides a summary of the proposed amendments and also provides a comparison between the current and proposed terms of reference. The proposed terms of reference is attached to this report as Appendix I.

SUMMARY TABLE PROPOSED CHANGES TO THE AAC TERMS OF REFERENCE

ITEM IDENTIFIED FOR REVIEW

Mandate

-

CURRENT TERMS OF REFERENCE

To address legislative requirements under the Ontarians with Disabilities Act (ODA), the Accessibility for Ontarians with Disabilities Act (AODA) and subsequent regulations; To assist the Region of Peel in identifying and prioritizing barriers for elimination;

0 To advise Regional Council and the Accessibility Planning Program, on accessibility issues; and

0 To monitor the progress of and report to Council on accessibility initiatives taken by the Region of Peel.

PROPOSED TERMS OF REFERENCE

0 To advise Regional Council on ways to improve opportunities for persons with disabilities through the identification and removal of barriers with respect to programs, and services delivered by the Region of Peel. To advise Regional Council on the requirements and implementation of the Accessibility Standards under the Accessibilify for Ontarians with Disabilities Act, (AODA) and the preparation of accessibility reports. To advise Regional Council each year on the preparation, implementation and effectiveness of the Region's accessibility plan. To review in a timely manner site plans and drawings described in section 41 of the Planning Act; and

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April 8, 2013 REGION OF PEEL ACCESSIBILITY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

Definition Section

Membership

Term of Appointment

Not previously included

The AAC shall be comprised of a minimum of eleven members in total including the Regional Chair (ex-officio*) of which six must have a disability.

Non-Elected Membership No Requirement for members who represent a group or organization.

Vacant positions from among the non-elected member component of the Committee shall be filled through a method recommended by the Committee and approved by Regional Council resolution.

The term of appointment for elected and non-elected members, is limited to three consecutive terms. Following a break in service, or at the will of Regional Council, a member

To perform all other functions specified in the Ontarians with Disabilities Act, (ODA), AODA and subsequent regulations.

*Added Definition of "barrier" and "disability" as defined in the Ontario Human Rights Code

The AAC shall be comprised of eleven to fifteen members in total including the Regional Chair (ex-officio*). The majority of the members must have a disability.

*Added Non-Elected Membership There shall be at least two members who represent a group or organization that acts on behalf of persons with disabilities residing in Peel.

Any recruitment that occurs for non-elected member positions during the mid-term of Council shall adhere to the Mid-Term Recruitment of Non-Elected Members Procedure attached as Appendix I.

The term of appointment for elected and non-elected members, is limited to two consecutive terms not to exceed eight years. Following a break in service of at least

April 8, 201 3 REGION OF PEEL ACCESSIBILIN ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

may be reappointed. Council a member may be

Membership Responsibilities

Quorum

Not previously included

Clear numerical majority of members, of which a majority shall be persons with disabilities, but shall not be differentiated upon elected or non-elected membership.

reappointed, but may not serve more than two additional terms or eight years upon reappointment.

Members will continue to serve on the committee past the expiration of their term until they are reappointed or replaced.

*Added Members will participate in training as deemed required by the Regional Clerk.

Members will be subject to the requirements of the Membership Responsibility Agreement attached as Appendix I.

Members will be subject to the requirements of the Rules of Conduct and Debate in the Region of Peel Procedure By- Law.

, / Five members of whom a majority shall be persons with disabilities. Of the five members required for quorum, 1 shall be a member of Council.

Accessibility Planning

Staff Resources

Accessibility Planning Program Mandate

Section removed

A designate of the Regional Clerk will provide secretariat

A designate of the Regional Clerk will provide

April 8, 2013 REGION OF PEEL ACCESSIBILITY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

support to the AAC. Additional advisory staff resources will be provided by Regional Departments, as required and by the Regional Accessibility Planning Program.

administrative support to the Committee. This will include preparing the minutes, agendas, meeting preparation, and other duties as provided in the Region's Procedure By-Law. The Regional AP Specialist will provide advisory support to the Committee.

CONCLUSION

The review of the terms of reference for the Region of Peel Accessibility Advisory Committee has been conducted in response to a request from AAC members. The goal of proposed terms will be to provide greater clarity to the roles and responsibilities of the AAC members and ensure that the Committee continues to function efficiently.

Norma Trim Chief Financial Officer and Commissioner of Corporate Services

Approved for Submission:

D. Smarc, Chief Administrative Officer

For further information regarding this report, please contact Kathryn Lockyer at extension 4545 or via email at [email protected].

Authored by: Aretha Adams, Manager Regulatory Compliance

c. Legislative Services

APPENDIX I April 8, 2013

REGION OF PEEL ACCESSIBILITY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

APPENDIX I

TERMS OF REFERENCE FOR THE REGION OF PEEL

ACCESSIBILITY ADVISORY COMMITTEE

1. Committee Name

The committee shall be known as the Region of Peel Accessibility Advisory Committee (AAC).

2. Mandate

The AAC shall act in an advisory capacity to Region of Peel Council as outlined in the Region of Peel Procedure By-law 100-2012, as amended, section Vlll2(c), and not as a subcommittee of Council.

The mandate of the AAC is as follows:

m To advise Regional Council on ways to improve opportunities and remove barriers for persons with disabilities through the identification and removal of barriers with respect to programs and services delivered by the Region of Peel.

m To advise Regional Council on the requirements and implementation of the Accessibility Standards under the Accessibility for Ontarians wifh Disabilities Act, (AODA) and the preparation of accessibility reports.

m To advise Regional Council each year on the preparation, implementation and effectiveness of the Region's accessibility

e To review in a timely manner site plans and drawings described in section 41 of the Planning Act; and

e To perform all other functions specified in the Ontarians wifh Disabilities Act, (ODA), AODA and subsequent regulations.

Definitions

"Barrier" means:

(a)anything that prevents a person with a disability from fully


REGION OF PEEL ACCESSiBlLlTY ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information and communication barrier, an attitudinal barrier, a technological barrier, a policy or practice.

"Disability" as defined in the Ontario Human Rights Code means:

(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 an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

4. Reporting Function

The Region of Peel Accessibility Advisory Committee shall report to Regional Council through the Management section of General Committee.

5. Membership

The Region of Peel Accessibility Advisory Committee shall be comprised of eleven to fifteen members in total including the Regional Chair (ex-officio*). The majority of the members must have a disability. To ensure that the AAC is able to carry out its duties each of the three area municipalities in Peel Region (Brampton, Caledon and Mississauga) shall have representation: one from among the elected membership and one from among the non-elected membership.

APPENDIX I April 8, 201 3


i) Elected Members

A minimum of three Regional or Local Ward Councillors, one being from each area municipality (Brampton, Caledon and Mississauga) and the Regional Chair (ex-officio*") shall comprise the elected representation on the AAC. Vacant positions from among the elected member component of the committee shall be filled by seeking interest from among members of Regional Council, and approved b y Council resolution.

(* Ex-officio Committee Member -Region of Peel Procedural By- law 100-2012, as amended, section II l(b) The Regional Chair shall be an ex- officio member of all committees, shall be counted in determining the size of the committees and quorum, and shall be entitled to all the rights of membership in the committees, including moving recommendations and voting).

ii) Mon-Elected Members

There shall be a minimum of seven non-elected members of the Region of Peel AAC appointed by Regional Council and who fulfill the eligibility requirements set out below in section 14 (the non-elected members).

Each area municipality (Brampton, Caledon and Mississauga) shall have, at a minimum, one non-elected member.

There shall be at least two members who represent a group or organization that acts on behalf of persons with disabilities residing in the Peel Region.

Any recruitment that occurs for non-elected member positions during the mid-term of Council shall adhere to the Mid-Term Recruitmenf of Non-Elected embers Procedure.

APPENDlX I April 8; 201 3

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6. Term of Appointment

The term of appointment for Committee members, both elected and non-elected members, shall coincide with the term of Regional Council.

The term of appointment for Committee members, both elected and non-elected members, is limited to two consecutive terms not to exceed eight years. Following a break in service of at least one term, or at the will of Council a member may be reappointed, but may not serve more than two terms or eight years upon reappointment.

Members will continue to serve on the Committee past the expiration of their term until they are reappointed or replaced.

7. Committee Chair and Vice-Chair

The Region of Peel AAC shall elect a Chair and Vice-Chair from among its membership at the first meeting subsequent to Council and committee appointments for a new term of Council and at the first meeting subsequent to mid-term Council and committee appointments (thus being generally a two-year term).

8. Membership Responsibilities

Members are expected to be familiar with the ODA, the AODA, and subsequent regulations as well as the terms of reference for the Committee. Members will be expected to contribute their expertise actively during meetings of the AAC.

Members are required to declare any situation that creates a conflict of interest between the member's personal or family financial interests and the interests of the Region in relation to any proposal for reducing barriers that may be under consideration and refrain from participating in the discussion and decision making in respect of that matter. A financial interest in common with all persons who have similar disabilities, without more, is not a conflict of interest.

Each member of the AAC is an independent member of the Committee and does not represent the concerns of only one disability, geographic area or group. Members of the AAC will work together for the purpose



of developing a common approach that is reasonable and practical.

The AAC may form specific ad hoc working groups as may be practical to address specific accessibility action items. A chair shall be selected from amongst the membership for any ad hoc working group and the chair of the ad hoc working group shall be a voting member of the AAC.

Members will participate in training as deemed required by the Regional Clerk.

Members will be subject to the requirements of the Membership Responsibility Agreement.

Members will be subject to the requirements of the Rules of Conduct and Debate in the Region of Peel Procedural By-Law.

9. Frequency of Meetings

Meetings of the Region of Peel Accessibility Advisory Committee (AAC) will be held at the call of the Committee Chair or in accordance with a schedule to be determined by the Committee in consultation with the Regional Clerk.

10. Quorum

Quorum for the Region of Peel AAC shall be set at five members of whom a majority shall be persons with disabilities. Of the five members required for quorum, 1 shall be a member of Council.

11. Procedure

The Chair or, in the absence of the Chair, the Vice-Chair, or in the absence of both a member appointed by those in attendance at the meeting as acting chair, shall preside at all meetings of the Region of Peel Accessibility Advisory Committee (AAC). The meetings shall be conducted in accordance with the rules applicable to committees of Regional Council, including the power to waive rules so that meetings may be conducted informally as necessary, provided that all decisions shall be decisions shall be approved by the votes of a majority of these members in attendance at the meeting.


REGION OF PEEL ACCESSlBlLlN ADVISORY COMMITTEE-UPDATED TERMS OF REFERENCE

The basis of the committee rules shall be the Region of Peel Procedure By-law.

12. Staff Resources

A designate of the Regional Clerk will provide administrative support to the Committee. This will include preparing the minutes, agendas, meeting preparations and other duties as provided in the Region's Procedure By-Law. The Regional Accessibility Planning Specialist will provide advisory support to the Committee.

13. Remuneration and Expenses

Members of the Region of Peel AAC will serve without remuneration. Non-elected members of the AAC (those other than Regional Councillors shall be eligible for reimbursement of expenses incurred which are deemed necessary for full participation in the Committee (such as sign language interpretation services, Braille translation services, transportation, and support care services).

14. Eligibility Requirements

Persons eligible for appointment to the non-elected membership of the AAC shall be those who are:

e Not an elected official of Regional Council or of the Council of municipality in the Peel Region;

e Not an employee of the Region of Peel or of municipality in the Peel Region.

Qualified electors of Peel Region pursuant to the Municipal Elections Act, 1996 and/or is a person who is a qualified elector and not a resident of Peel but represents a group or organization that acts on behalf of persons with disabilities within the Peel Region.

Preference will be given to individual applicants who have specific skills, knowledge or experience which may be an asset to the AAC.

EFFECTIVE DATE LAST REVIEW DATE LAST UPDATE

April, 2013 June, 2008



Regional of Peel Accessibility Advisory Committee Mid-Term Recruitment of Non-Elected Members Procedure

A new non-elected member of the Peel Accessibility Advisory Committee may be appointed at any time within the Council term as outlined in the following procedure.

1. The prospective candidate must express their interest in participating in the Region of Peel AAC. They can do so by submitting a resume and/or cover letter to the Regional Clerk.

The prospective member must meet following minimum requirements as outlined in the terms of reference.

The prospective candidate MUST be:

i. A qualified elector in Peel as required by the Municipal Elections Act, s. 17(2) 1996 (i.e. at least 18 years of age, a Canadian citizen and a resident of Peel) OR

ii. A qualified elector in Ontario that represents a group or organization that acts on behalf of persons with disabilities that reside in the Peel Region.

The prospective candidate CANNOT be:

i. An elected official of Regional Council or of the Council of a municipality in the Peel Region.

ii. An employee of the Region of Peel or of a municipality in the Peel Region.

2. The prospective candidate must be familiar with the Ontarians with Disabilities Act (ODA), the Accessibility for Ontarians with Disabilities Act (AODA) and subsequent regulations.

3. The Regional Clerk or the Accessibility Planning Specialist (AP Specialist) will review resumes from prospective candidates to determine if the prospective candidate meets the minimum requirements as set out above. If the minimum requirements are met, the Regional



Clerk can request that an interview be set up with the AAC interview panel.

4. The AAC interview panel shall be comprised of the Commissioner of Corporate Services, the Regional Clerk, and the AAC Chair if designated by the Commissioner of Corporate Services or the Regional Clerk, the AP specialist and a Manager in Legislative Services or Regulatory Compliance.

5. After the interview is complete the interview panel shall make a recommendation regarding the suitability of the candidate and if suitable shall put forward a motion to the AAC committee members for approval of the new member.

6. If the AAC committee approves the selection of the prospective candidate, the selection will be forwarded to Regional Council for approval through the minutes of the AAC.

7. The term of membership for new members appointed through this process will coincide with the Council term in which the appointment occurs.




Region of Peel Accessibility Advisory Committee Membershie Responsibilitv Aqreement

The Region of Peel Accessibility Advisory Committee assists Council in making it easier for people with disabilities to access Regional programs, services, and facilities.

Individual members are subject to the following responsibilities in carrying out their duties as a member of the AAC. Failure to fulfill these responsibilities may result in the removal of the member from the AAC.

1) A member shall make every effort to attend AAC meetings and the meetings of the subcommittee to which they are appointed.

2) A member shall promptly notify the Regional Clerk or their designee if they are not able to attend a regular scheduled meeting.

3) A member shall make every effort to actively participate in all AAC meetings and in the subcommittee to which they are appointed.

4) A member is responsible for complying with the AAC Terms of Reference and Region of Peel Procedure By-Law.

5) A member who is asked to speak publicly to an organization or professional association as a representative of Region of Peel AAC must notify the Region. AAC members who are speaking at a conference or a meeting who are not representing the Region must not appear to represent the opinion or policy of the Region and may not present any confidential information gained as a result of the membership on the AAC.

6) Members approached by the media shall refer all inquiries to the Region's Communications division.

7) Members should recognize that information discussed at AAC meetings made available to the public.



8) AAC members shal; l o t use confidential information shared with the AAC about Regional initiatives or use Regional material for business uses without written consent from the Region.

Name of AAC Member Member Signature Date


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Documents

APPROVED AT REGIONAL COUNCIL May - Region of Peel · May 9,2013 MA-B3. Report of the Region of Peel Accessibility Advisory Committee (AAC-2013-3) meeting held on April 23, 2013