AODA Alliance Call to Email MPs RE Bill C-22 (the Canada Disability Benefit Act)

The AODA Alliance issues a call to email as many MPs as possible and an example of what to say is included as a starring point to let MPs know why this matters to you:

Please vote to ratify the amendments to Bill C-22 (the Canada Disability Benefit Act) that the Senate passed. Hundreds of thousands of people with disabilities living in poverty need the Bill C-22 to be passed right now. The Senate’s amendments read the post, May 19, 2023 AODA Alliance Update.

Essex MP Chris.Lewis@parl.gc.ca

Tell The Accessibility Advisory Committee To Select Hotel Site Plans For Review

I’ve suggested that committee members’ contact information be made available to receive input from the public regarding accessibility concerns. Committees may not always be representative of persons with a range of disabilities.

Councillor McArthur is this term’s rep so I’ve emailed him the following and request you send him one at dmcarthur@amherstburg.ca and copy me at theburgwatch@gmail.com.

as council’s new rep to the accessibility advisory committee, you may not be fully aware of the committee’s mandate. as i’ve mentioned before, i was not given the accessibility training materials that members of council received on november 29 but i’ve submitted an FOI request for them.

given the controversy of the proposed hotel, and accessibility/safety concerns affecting persons with disabilities involving the back stairs, i would urge the committee to select the site plans and drawings for the project.

also, as i’ve repeatedly raised the issue about the lack of reports included on the committee’s agenda, you should know that there are several empty links in tomorrow’s meeting agenda. I’ve also mentioned before that verbal reports, instead of attached reports, may pose a barrier. wouldn’t it be ironic if the committee that is supposed to remove barriers creates them?

Agenda Accessibility Advisory Committee April 27

The agenda for the first meeting of this year/term is now posted on the town’s website and contains empty links which to me indicates a lack of transparency and accountability.

I have suggested training in procedure and have raised the issue of empty agenda links with no attachments. I advised then-CAO Simmons of a recurring problem that i previously mentioned. The agenda contains links to no attachments; for those who are interested in observing the meetings, having to rely on audio without being able to read any documents is a barrier to participation and accountability.

Simmons responded, thank you for bringing them to our attention and we will endeavour to make improvements including not leaving links devoid of information.

And it continues with this agenda: I counted 14 empty links.

Nomination of Chair and Nomination of Vice Chair contain two empty links.

The presentation, Amherstburg Accessibility Advisory Committees (AAAC) and the Accessibility for Ontarians with Disabilities Act (AODA) is an empty link to 6.1  Amherstburg Accessibility Advisory Committees (AAAC) and the Accessibility for Ontarians with Disabilities Act (AODA).

This item has no attachments.

ORDER OF BUSINESS is an empty link to 7. ORDER OF BUSINESS.

This item has no attachments.

7.1 Accessibility Advisory Committee Work Plan is an empty link to 7.1  Accessibility Advisory Committee Work Plan.

This item has no attachments.

7.2 Multi-Year Accessibility Plan is an empty link but the pop up link does work: 2022 07 04 – 2021 Multi-Year Accessibility Plan.pdf

7.3 Committee 2023 Meeting Schedule is an empty link; the pop up window contains a link that works but colours should be reviewed. 2023 Calendar of Committee Meetings.pdf

7.4 Accessibility Audits of Town Property and Parkland is an empty link to 7.4  Accessibility Audits of Town Property and Parkland.

This item has no attachments.

8. NEW BUSINESS is an empty link to 8.  NEW BUSINESS.

This item has no attachments.

9. ADJOURNMENT is an empty link to Adjournment.

This item has no attachments.

When Will Town Hall Accessibility Be A Priority?

Council will consider South Fire Station – Consolidated Build verses Renovation Options with Fire Chief Montone’s report and recommendations, including one upside down Attachment 4.

Attachment 5 points out the obvious about the town hall:

‘The building is non AODA compliant for, it is not possible to to convert this building to make accessible due to the general construction of the building. This building was designed as a multilevel building with provision for accessibility in mind and the cost to convert the town hall to AODA compliant is $291,117.78.’

Could that cost have been covered if it had been a priority?

Dog Park = $165,000.

Libro Trail Over expenditure = $170,000

Total spent on two projects = $335,000.

Watch tonight’s council meeting live.

Short Term Rental Meeting Post Review

It would be so much more enjoyable, and less time consuming, if council meetings were conducted with more decorum – less speeches, personal anecdotes and repetitive comments and my pet peeve – staff appreciation. I understand the importance of council/staff relations, but offering kudos and thanking staff for a report? applauding staff for reading comments into the record?

As recently as the March 14 post, Open Air Post Review To Council, copied to council, I offered kudos to Councillor Pouget for consistently acknowledging the town’s legal obligation to comply with provincial legislation, specifically, the AODA and Human Rights Code.

At the April 17 meeting, Short Term Rentals, Councillor Pouget raised a concern regarding the accessibility issues: According to the provincial government guidelines do mention accessibility legislation, including the Human Rights Code for short term rentals. Pouget asked Mr. Tetler has that been taken into consideration?

Mr. Tetler said these properties would need to be brought into compliance with the Fire Code and the Ontario Building Code so he couldn’t speak to what each property would have at this time.

Councillor Pouget said she was basically referring to the Accessibility Act, according to the provincial government,

CAO Crtichley explained the Building Code has specifications for what has to be in properties to comply with AODA so these homes will need to be in compliance with the Building Code.

As I mentioned on March 13, the Human Rights Code has primacy over all other Ontario legislation.

I repeat today, kudos to Councillor Pouget for consistently acknowledging the town’s legal obligation to comply with provincial legislation, specifically, the AODA and Human Rights Code.

On March 14, Deputy Mayor Gibb spoke about his in-laws, as he did yesterday, in reference to where family members live, in Blue Mountain, and when they come to Amherstburg to visit his in laws.

As council’s rep on the Accessibility Advisory committee, Councillor McArthur should have advocated for the removal of barriers.

Councillor McArthur offered kudos to the bylaw department while Councillor Crain wanted to thank staff for their work on this. A staff member listed about twelve municipalities that were looked at. Shouldn’t all of the research been included in a ‘fulsome’ report so council was more informed?

Councillor Allaire shared her personal experience of what she prefers as a renter and was in favour of Option C.

I counted four members of council who encouraged people to continue contacting authorities to report disturbances.

Revised Agenda Short Term Rentals April 17

There are now six delegations for the 5:00 pm meeting listed on the revised agenda regarding the Administration Report, Appendix “B” OWNER OCCUPIED and Appendix “C” Not Owner Occupied. The pages are not numbered.

The provincial guide for municipalities that are considering regulating home-sharing in their communities does mention accessibility and provincial legislation.

Short Term Rentals On April 17 Council Agenda

There is one delegation, Peggy Thompson, to provide some well researched input on Short Term Rentals.

Some Boblo Island residents have submitted a petition requesting any and all short term rentals be prohibited on the island.

A committee is recommended ‘to address any appeals’ but the report continues that the committee would have full authority to make decisions on applications and appeals relating to licensing matters.

I couldn’t find any mention of accessibility in the Administration Report or Appendix “B” –OWNER OCCUPIED and Appendix “C” – Not Owner Occupied.

The provincial guide for municipalities that are considering regulating home-sharing in their communities does mention accessibility and provincial legislation.

Provincial Act

Accessibility for Ontarians with Disabilities Act, 2005 (AODA)

Integrated Accessibility Standards Regulation (IASR), O. Reg. 191/11

Ontario has laws to improve accessibility for people with disabilities. The Accessibility for Ontarians with Disabilities Act (AODA) is a law that sets out a process for developing and enforcing accessibility standards.

Accessibility standards are laws under the Integrated Accessibility Standards Regulation that government, businesses, non-profits and public sector organizations must follow to become more accessible. They help organizations identify and remove barriers to improve accessibility for people with disabilities in 5 areas of daily life in the areas of transportation, customer service, employment, information and communications and in the design of public spaces.

Application

The AODA and its related accessibility standards applies to every person or organization that provides goods, services or facilities to the public or other third parties and that has at least one employee in Ontario. Accessibility requirements and deadlines depend on the type and size of your organization.

If an organization has one or more employees, the organization must adhere to the accessibility requirements under the AODA and its standards. Sole proprietors or self-employed individuals who do not have employees are exempt from having to comply with the AODA and its accessibility standards.

Proposed Hotel – From An Accessibility Perspective

How accessible is a hotel that provides no accessible parking and stairs?

Last fall I asked what accessibility guidelines the town provides to developers? who ensures accessibility is included in the site plan review? 

Deputy CAO Osborne wrote, in part, that Administration reviews site plans and drawings for compliance with legislative requirements.

While I awaited administration’s answer, I emailed Architectural Design Associates (ADA) about the proposed hotel: one of the pictures depicts stairs at the rear entrance to the building. how accessible will the stairs be? also, how many accessible units are proposed?

I followed up with ADA but still received no response.

Following the mandatory April 11, 2023 4:30 pm meeting, I have more questions about public safety and accessibility:

  • How will council be satisfied that undue traffic hazards would not arise?
  • Did Windsor Police Service provide a ‘fulsome’ report? 
  • Was public safety regarding the rental of electric scooters considered? 
  • Were municipalities like Toronto and Paris that banned electric scooters compared? 
  • Were statistics regarding the number of injuries and deaths from electric scooters considered? 
  • How will bike rentals be accessible if they are located downstairs?
  • How will people using mobility devices access the restaurant at the back of the building if stairs pose a barrier? 
  • How would a person using a mobility device exit through the back stairs in an emergency?
  • How is the restaurant accessible if people with hidden disabilities have to travel to the front building entrance?
  • How will ‘fully accessible’ be interpreted, by whom and by what standards? 
  • If the hotel has two accessible rooms, where will people with disabilities park? 
  • Has walking distance from available parking for persons with various types of disabilities been considered?
  • If streets are not closed, and a person with a disability is dropped off in front of the hotel, will curb cuts be installed to enable access by persons with disabilities who use wheeled assistive devices? 
  • Does the magnitude of the development warrant the provision of parking spaces for persons with disabilities?
  • Has public health and safety concerns, as mentioned in the Provincial Policy Statement, been addressed? 
  • Has ‘improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society’ as mentioned in the Provincial Policy Statement been considered?
  • As mentioned in the Official Plan, in reviewing development applications, has serious consideration been given to the creation of a barrier free environment?
  • Also as mentioned in the Official Plan, has the town encouraged developers to provide barrier free developments?
  • Do Zoning By-law parking requirements for 1.25 spaces per unit of a hotel conflict with the Official Plan?

Councillor Crain’s Flip Flop On Open Air Barriers

@LindenCrain, remember this campaign question? Will you remove barriers during Open Air weekends that block people with disabilities from driving to the bank, local stores, bars, and generally driving through town?

Crain’s answer: “Yes. It is important that all members of the community can experience Open Air.”

Well now I can’t.

Remember these questions?

how will you fulfill the obligation to remove barriers?

Crain’s answers, in part:

  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

Councillor Crain On Barriers, Accessibility And How Can He Improve?

On October 26, I congratulated newly elected council members of council and offered kudos to councillors Pouget and Courtney; I did not encounter any barriers during their campaigns to represent their community.

I asked the remaining five three questions.

On December 9, I sent a reminder that the questions were not answered. Councillor Crain then answered, below, and also asked, Thank you for the questions. Would you be able to share how I created barriers for residents with disabilities throughout my campaign?

the burg watch: December 11, i already did in emails.

Crain: Can you please resend them?

the burg watch: no.

Crain: That’s unfortunate. I guess I won’t be able to learn more about how I can improve…

the burg watch: it’s unfortunate that you didn’t take note of my previous emails or read my blog.

Crain’s answers:

of the accessibility information the town provided to you for your campaign, which did you read?

I read all election material provided by the Town throughout my campaign, including any information pertaining to the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001, and the Accessibility for Ontarians with Disabilities Act, 2005.

what trainings have you participated in for accessibility legislation, for example, as an employee, volunteer, etc.?

Both the Town of Amherstburg and the County of Essex members of Council have received training on accessibility. I have also been advised that Administration will be doing a special session on accessibility in the first quarter of 2023.

how will you fulfill the obligation to remove barriers?

  • Continue an open dialogue with the Town’s Accessibility Advisory Committee.
  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.