Amherstburg Requests Website Compliance Deadline Extension – The Resolution

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The following was included in the report to council for its September 14, 2020 meeting:

It is recommended that:

  1. WHEREAS Section 14(4) of O.Reg 191/11 under the Accessibility for Ontarians with Disabilities Act requires designated public sector organizations to conform to WCAG 2.0 Level AA by January 1, 2021;
  2. AND WHEREAS the municipality remains committed to the provision of accessible goods and services;
  3. AND WHEREAS the municipality provides accommodations to meet any stated accessibility need, where possible;
  4. AND WHEREAS the declared pandemic, COVID-19, has impacted the finances and other resources of the municipality;
  5. AND WHEREAS the Accessibility for Ontarians with Disabilities Act contemplates the need to consider the technical or economic considerations in the implementation of Accessibility Standards;
  6. BE IT THEREFORE RESOLVED THAT the municipality requests that the Province of Ontario extend the compliance deadline stated in Section 14(4) of O.Reg 191/11 to require designated public sector organizations to meet the compliance standards, by a minimum of one (1) year to at least January 1, 2022;
    AND,
  7. BE IT THEREFORE RESOLVED THAT the municipality requests that the Province of Ontario consider providing funding support and training resources to meet these compliance standards.

More to follow.

Related: Town of Amherstburg Requests Website Compliance Deadline Extension.

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation

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What was recommended?

That the municipality requests the province of Ontario to extend the website compliance deadline to at least January 1, 2022 and that the province of Ontario consider providing funding support and training resources to meet these compliance standards.

The report for council’s September 24 meeting is not a status update; it is a request, 3 months in advance of the compliance deadline, for an extension to 15 months from now.

COVID-19/the pandemic is the most obvious reason for the recommendation and it is referenced nine times in the report:

  1. RECOMMENDATION: AND WHEREAS the declared pandemic, COVID-19, has impacted the finances and other resources;
  2. BACKGROUND:
    1. enhanced monitoring of declared pandemic, COVID-19;
    2. has been consumed by its response to COVID-19;
  3. DISCUSSION:
    1. did not anticipate the interruptions and redeployments caused by the declared pandemic, COVID-19.
    2. how the municipality ensures the provision of its services during a pandemic
    3. a number of staff were on unpaid leave during the pandemic,
    4. Due to the impact of the pandemic emergency on municipal operations
  4. FINANCIAL MATTERS: suggests that it cannot comply by January 1, 2021 due to COVID-19;
  5. CONCLUSION: extend the compliance deadline from January 1, 2021 to at least January 1, 2022 due to the impacts of the pandemic (COVID-19).

RISK ANALYSIS did not acknowledge the historical disadvantage of persons with disabilities. While the report mentioned administration will continue in its efforts to comply, the risk was relative to hypothetical consequences to the town: If non-compliant; can require; If this is the case; suggests that it cannot comply; may still enforce its timelines; there may be financial implications.

FINANCIAL MATTERS did not specify a dollar amount of hardship, given the reliance on how “COVID-19 has impacted the finances and other resources of the municipality.” Instead, it was noted the town might face financial implications in the form of administrative penalties or increased expenses in trying to meet the required standards after an order to comply. There was no mention of the AODA procedure relative to an Order.

CONSULTATIONS listed three staff; there was no mention of public consultations of ratepayers that pay for the town’s website or their thoughts on financial priorities for the community.

Council voted in favour of the resolution.

More to follow.

Related: Town of Amherstburg Requests Website Compliance Deadline Extension.

Accessing the Amherstburg Accessibility Advisory Committee Meeting

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Difficulties arose when I tried to tune in to today’s meeting of the Amherstburg Accessibility Advisory Committee (AAAC).

The September 24, 2020 AAAC meeting was advertised on the last page of this week’s River Town Times along with other meetings. A notation at the bottom includes text under the heading, Electronic Meeting Link http://www.amherstburg.ca/livestream.

I copied and pasted it but the link was invalid, as verified by a google search:

Your search – http://www.amherstburg.ca/livestreamRecycleYardWasteNorthZone519-736-0012 • http://www.www.amherstburg.ca 271 Sandwich St. South, Amherstburg, Ontario did not match any documents.

It would be so much easier for everyone to access the meetings on the town’s website if the video link was placed right next to the meeting, which it wasn’t. After navigating through a couple of links too many, I emailed  Kevin Fox, Committee Co-ordinator, who advised, The livestream for all town meetings is unchanged and remains http://www.amherstburg.ca/livestream.

It turns out the meeting was on zoom and there were technical difficulties with audio cutting out for several minutes and video disappearing.

Most annoying was the sound as though someone was constantly tapping on a microphone.

Most disappointing was that one member used the outdated “handicap accessible signs.”

Most frustrating was that members did not identify themselves prior to speaking when only audio was available. Also, I couldn’t find any listed accommodations for persons who are deaf, deafened, or hard of hearing.

Urge Premier Ford To Take Action Re COVID-19

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The three Independent Reviewers of the AODA demand immediate government action on the serious hardships facing people with disabilities in yesterday’s landmark guest column in the Toronto Star.

From the AODA Alliance: Please email Premier Doug Ford today. Write him at premier@ontario.ca Urge him to immediately act on the recommendations in this guest column. Tell him that Ontario desperately needs his government to announce and implement an effective plan to meet the needs of people with disabilities during the COVID-19 pandemic.

I did.

I also urged him to not honour the forthcoming request from the Town of Amherstburg that the Province of Ontario extend the website compliance deadline to January 1, 2022 along with a request for funding; council was cc’d.

A more detailed background can be found at aoda.ca.

Town of Amherstburg Requests Website Compliance Deadline Extension

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In a Report to Council by Kevin Fox for the September 14, 2020 council meeting, Administration recommends that Council request that the Province of Ontario extend the compliance deadline from January 1, 2021 to at least January 1, 2022 due to the impacts of the pandemic (COVID-19) emergency and the impacts it has had both on the finances and resources of municipalities such as the Town of Amherstburg.

And town council voted in favour.

SHAMEFUL.

COVID-19 has only existed for the past several months compared to provincial legislation that was enacted in 2005: the AODA (Accessibility for Ontarians with Disabilities Act). Provincial Standards included deadlines for compliance but, suddenly, in September 2020, the town needs more time? 15 months more time?

More to follow.

Questioning Accessibility

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This opinion was written in response to a River Town Times article, Grand Opening of River Bookshop.

The article mentioned building owner Richard Peddie’s observation that “Right now, within 150 yards of where we are standing, there are 11 other retail entrances that could become accessible if they too used StopGap ramps.”

Entrances would not necessarily become accessible just by utilizing a StopGap ramp which, as the name implies, is a temporary measure. In fact, in order to participate in the ramp project, the StopGap organization requires business owners to agree to and sign a waiver acknowledging, in part, “I know that this ramp is not intended to be a permanent ramp to my storefront and that the ramp should only be used when needed. When in use, the ramp should be level and flush against the step with no gaps present. When the ramp is not in use, it should be stored in a safe location. I understand that the use or storage of the ramp could cause injury to persons or property.”

A small window sign is supposed to advertise the availability of the ramp so customers can request it if required. In my opinion, this access method does not meet the core principles of the Accessibility for Ontarians with Disabilities Act 2005 of dignity, independence, integration and equal opportunity.

Accessibility requires more than a ramp. A commitment to accessibility would include the removal of attitudinal barriers, the installation of automated doors, signage for people who are blind or have low vision, training on the human rights code including the accommodation of people with disabilities, and a public statement.

The bookshop’s website has some accessibility issues and provides no accessibility statement and no phone number or email or alternate methods of communication for potential customers. And, if the upper level will hold events, will it be accessible?

After a decade-long conflict with the town and my human rights complaint to ensure accessibility at the library, my observation is that there is greater emphasis on heritage preservation than barrier removal.

Linda Saxon

Face Masks Made Mandatory

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CTV News reports Amherstburg makes masks mandatory for all indoor public spaces.

Canada’s chief public health officer Dr. Theresa Tam said May 20 that non-medical masks should be worn when physical distancing cannot be achieved. On June 10, the Wellington-Dufferin-Guelph Public Health unit became the first in the province to make masks mandatory.

Other Ontario municipalities enacted by-laws;  Toronto’s fine:

“Upon conviction of an offence under this By-law, a person or operator shall be liable to a fine in accordance with section 429 of the Municipal Act, 2001, as follows:

    • A minimum of $500 and a maximum fine of $100,000.00
    • In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum of $500 and a maximum fine of $10,000.00, and the total of all daily fines for the offence is not limited to $100,000.00.
    • In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine of $500, and a maximum fine of $10,000.00, and the total of all fines for each included offence is not limited to $100,000.00.”

Enforcement is necessary, like seat belt wearing; despite education campaigns, there will always be those who refuse to comply even if it is in their, or their community’s, best interest.

Copyright Policy

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I felt compelled to add a Copyright Policy to the Policies Page after a photo of one of my post’s information was shared without my permission, without stating my blog as the source or linking to it and without editing the post as requested. In my opinion, it’s a moral responsibility if not a legal one.

theburgwatch owns the copyright to all content, including text and photos on this blog. please respect my right to my own material and the right to decide how it will and will not be used.

Accordingly, please do not use or copy any of my material without my permission or claim it as your own.

thank you for respecting my intellectual property.

(c) 2020 theburgwatch.

Windsor Police Releases Further Police Proposal Record As Ordered

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Windsor Police released further records as ordered by Information and Privacy Commissioner Ontario Order MO-3927, regarding an Appeal of Windsor Police’s decision to withhold access to parts of its policing proposal to Amherstburg.

Mayor DiCarlo advised the Windsor response would be made public and a request followed in June 2018.

Read Related Posts:

UPDATE: Town of Amherstburg Ordered to Conduct Further Records Search

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On August 10, 2020, the compliance date for Information and Privacy Commission ORDER MO-3934-I, the Town of Amherstburg requested an extension until September 30 to complete further searches and provide affidavits and representations about the additional searches in satisfaction of Order Provisions 1- 3.

As posted in Town of Amherstburg Ordered to Conduct Further Records Search). the first three Order provisions are:

  1. I order the town to conduct a further electronic search in response to the appellant’s request using the email addresses of the EA and any other staff in the CAO’s office.
  2. I order the town to conduct a further search of its electronic and paper record holdings for records that may flow from the May 8, 2017 email referred to in paragraph 24 of this order.
  3. I order the town to provide me with an affidavit sworn by the individual(s) who conduct(s) the further searches by August 10, 2020 describing its search efforts. The affidavit(s) should include the following information:
    1. the names and positions of the individuals who conducted the searches;
    2. information about the types of files searched, the nature and location of the search(es) and the steps taken in conducting the search(es);
    3. the results of the search(es); and,
    4. if the search described in order provision 2 does not yield any further results, an explanation.

The Adjudicator understood from the town’s letter that the Town of Amherstburg has commenced the additional searches, which have yielded a large volume of records that require review; and that there have been some delays in completing the additional searches due to demands on staff time because of emergency declarations for COVID-19 and flooding.

In response, the Adjudicator amended the compliance date in Order Provision 3 to be September 30, 2020.

Any further requests for extension must be made before September 15 and the appellant will be given an opportunity to make representations. Requests for additional time for compliance with Order Provisions 1-3 beyond September 30 that are received after September 15 will not be granted, unless extraordinary circumstances are present.

The Adjudicator clarified that the order was issued by the Information and Privacy Commissioner of Ontario, which is an Office of the Legislative Assembly and independent from the provincial government.