Comparing Amherstburg To Other Municipalities: Accessibility Committee Applications

How will council appoint applicants on January 23 pursuant to the AODA 2005 if they are unaware of applicants’ eligibility?

Section 29 (3) of the Accessibility for Ontarians with Disabilities Act 2005 states: ‘A majority of the members of the committee shall be persons with disabilities.  2005, c. 11, s. 29 (3).’

Amherstburg advertised, ‘A majority of the members of the committee shall be persons with disabilities or caregivers of persons with disabilities.

Municipal Clerks from Essex County, Kingsville, Leamington, LaSalle and Tecumseh quickly responded to my request for copies of the application form for this article.

Note: emphasis has been added if application forms reference the legislation and eligibility lists have been summarized.

Amherstburg: Applications Form

ELIGIBILITY CRITERIA (Please check all boxes applicable to you)

  • resident or owner/tenant of land in the Town of Amherstburg
  • at least 18 years old
  • not prohibited from voting in a municipal election
  • understand and agree to adhere to the Council and Committee Code of Conduct.
    (Each Committee may have additional criteria for eligibility – Refer to Terms of Reference)
    Do you meet the qualifications for your chosen Committee/Board?

There was no link to the Terms of Reference.

Essex County Application Form

You are eligible to apply if you meet all of the following criteria:

  • person living with a disability
  • resident, owner or tenant of land in Essex County
  • Canadian citizen
  • At least 18 years old
  • Not prohibited by law from voting in a municipal election
  • Not an employee of the Corporation of the County of Essex
    Do you meet all of the eligibility criteria listed above? * Yes No

In accordance with the Accessibility for Ontarians with Disabilities Act, a majority of the members of the Accessibility Advisory Committee must be persons with disabilities.

Please select the sector which you would be representing on the Committee. I am a person with a disability. I am a professional from the disability stakeholder community.

Kingsville Application Form

If you are applying for the Accessibility Advisory Committee, please note that the Accessibility for Ontarians with Disabilities Act, 2005 requires that a majority of the committee members be persons with disabilities.

Do you identify yourself as having a disability? * Yes No Prefer not to identify

LaSalle Application Form

For more information about the Committee, please review the Terms of Reference here.

Have you read the Terms of Reference for this Committee? * Yes No

What are three areas related to increasing accessibility and inclusion that the Town of LaSalle Accessibility Advisory Committee should focus on during the 2022-2026 term? *

What is your understanding of the Accessibility for Ontarians with Disability Act (AODA)? How do you think the Town of LaSalle Accessibility Advisory Committee can support the Town in implementing the standards laid out in the AODA? *

Do you identify as a person with a disability or disabilities? *No Yes Prefer Not to Say

If you have identified yourself as a person with a disability or disabilities, and feel comfortable in sharing, can you please tell us about the barriers you may have experienced or are able to identify in our community?

Leamington Application Form

In accordance with the Committee’s membership requirements, the Municipality is searching for a citizen that is a person with a disability or disabilities. Do you wish to identify yourself as a person with a disability or disabilities?

I have read and understand the Terms of Reference for this Board or Committee. I understand that as a Board or Committee Member I will be required to attend mandatory training as organized and provided by the Municipality of Leamington Clerk. * Yes No

Tecumseh 

Our application follows the legislative requirements for advisory committees which can be found here.

Essex and Lakeshore did not respond at the time of writing, but information is posted to their websites:

Essex

View the proposed Terms of Reference and Learn More about the Accessibility Advisory Committee.

The Committee is made up of 1 member of Council and up to 12 members who are appointed by Council from the community. The Mayor may also attend meetings as an ex officio. The Ontarians with Disabilities Act requires that the majority of the Committee members be persons with disabilities.

Lakeshore 

Applications for vacant positions will be accepted until Friday, February 3, 2023 at 12:00 PM.

Prospective applicants can read each committee/board’s terms of reference and apply online at Lakeshore.ca/CommitteeApp (under the “Vacancies” tab).

Related posts: Amherstburg’s vacancy ad and committee composition.

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Amherstburg Caremongering Comment Declined

I guess the Caremongering group didn’t care for my comment. I tried to join the conversation about the re-opening of Jack Purdie park and its lack of accessible playground equipment.

In response to Councillor Molly Allaire’s comments, i tried to post:

There should be no reason for ‘baby steps.’ There’s the ODA 2001, AODA 2005, Human Rights Code, Charter of Rights and Freedoms, UN Convention on the Rights of Persons With Disabilities. What is the explanation for NOT incorporating accessible design? Who approved the design? Who approved the tender? Anyone could file a human rights complaint against the town, like I had to resort to for the library. There is a long history of persons with disabilities being marginalized and discriminated against and it is unacceptable, given all the legislation, polices, practices, guidelines, etc. to encounter ‘it’s just a painfully slow process.’ The law is the law is the law.

Comparing Amherstburg To Other Municipalities: Candidates’ Questions

Are candidate and third party advertiser questions to administration disclosed to the public? I received two different answers when I requested the same information from Amherstburg and Toronto.

Amherstburg:

I requested information, without revealing the source, to post to the burg watch blog.

Answer from CAO Critchley: Please file a Freedom of Information Request for this information. The form can be found at this link.

i’m not requesting any personal information; just the questions asked and answered.

Answer: This request is properly an MFIPPA request.

thank you but i respectfully disagree that a formal FOI request would be required.


Toronto:

I requested information to post to the burg watch blog.

Answer from City Clerk’s Office: Access to records held by the City of Toronto is regulated by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The public has a right to see most City records, with some exceptions.

The City of Toronto engages in routine disclosure to automatically make information available to the public when it is requested. When information is not available routinely, the public may submit a freedom of information request.

In regards to the “You Asked Us” page, the City has established a protocol for responding to requests for information from candidates and third party advertisers about City services and programs so that all candidates have equal access to information for the municipal election.

Candidate & Third Party Advertiser Questions to the City

Why Does Committee Vacancy Ad Not Mirror Provincial Legislation?

For decades, since the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005, a majority of the members of the committee shall be persons with disabilities.

The River Town Times ad states, A majority of the members of the committee shall be persons with disabilities or caregivers of persons with disabilities. Caregivers cannot be substituted.

River Town Times ad committee vacancies

CAO Critchley Answers Questions About Accounts Payable On Agenda

Following up on yesterday’s post, Accounts Payable On Agenda: A Matter of Trust, Council’s discussion left me wondering – aren’t documents already accessible when they’re created? how do employees with disabilities access these documents? are employees with disabilities working at town hall?

As an aside, I also questioned why the majority of barriers I submitted were not included in the post-election report to council.

  1. i’m writing to request an explanation for the verbal statement that if the accounts payable were to be placed back on the agenda it will cost about $1000.00 per month and 6 hours of work to render the document accessible.

    In order to render the document accessible and ensure it is in compliance with accessibility rules for municipal websites, the Town will need to contract with an outside service provider to do the work as we do not have the internal resource capacity. We anticipate that this will take anywhere between 6-10 hours of work depending on the size of each document.

  2. i’m also writing to request an explanation for the $20,000. estimate for the same.

    It was suggested that an UP SET LIMIT of $20,000 be allocated to this issue in order to ensure we had built enough funding into the budget to complete the work however, that amount was not approved.

  3. would you confirm that the documents are therefore currently inaccessible? 

    In order for the document to meet website accessibility requirements, they need to be rendered so, as is the case with many computer generated documents. The documentation requested is not currently being produced. As with any content that is created, effort is required to build accessible components into the work to meet the legislative requirements.

  4. would you confirm that sending this information via email that would negate the necessity of making it accessible would result in inaccessible documents being emailed? 

    As is the case with many computer and word processed documents, they need to be adjusted to meet website accessibility requirements. To be emailed, they would also need to be rendered accessible.

  5. how would elected officials then share those inaccessible documents with the public?

    If citizen needs a document tco be rendered accessible, we would work to have that done, but there could be costs involved.

  6. what process is in place for elected officials with disabilities to receive accessible documents?

    The process would be the same as listed for question 5 above.

  7. on what date did current members of council receive training in accessibility?

    November 29, 2022.

  8. i also request an explanation for the post election report’s exclusion of the majority of 2022 election barriers i submitted.

    Administration developed a report which it felt was fulsome and the majority of your issues were mentioned.

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Accounts Payable On Agenda: A Matter of Trust

Commentary by Linda Saxon

Should the focus be trust for administration or the public trust?

A long-standing practice, by a motion carried over a decade ago when transparency was the focus, was not reconsidered yet it will be reinstated as a pilot for the next ten months.

Councillor Pouget campaigned ‘to regain the loss of trust by many of our taxpayers.’ Following her motion to reinstate accounts payable on public agendas, council and administration discussed it for about fifteen minutes at the December 5 council meeting.

CAO Critchley mentioned a $1000. monthly cost to render documents accessible, noted other local municipalities no longer do this, there may be privacy concerns, and council approves a budget and it is administration’s professional responsibility to spend within that budget. The treasurer commented on KPMG findings after Councillor Pouget mentioned the report.

I rarely agree with Councillor McArthur, but I was pleasantly surprised that he supported the cost for reasons of accountability and transparency and accessibility. Councillor Allaire supported it for transparency reasons and Councillor Courtney also spoke of public trust and transparency and accountability.

Deputy Mayor Gibb dissented and spoke against the motion, using the royal ‘we.’ He thought we have a level of trust or we ought to have a level of trust for the administration we have. If we don’t have that level of trust, then we need to have a different conversation. He was not going to support spending what’s been told almost $1,000 a month to see cheques that have gone through when we approve a budget and administration is legally bound to follow that budget. He was the only one In a recorded vote to oppose.

Council represents the public, ensures the accountability and transparency of operations, and is to maintain the financial integrity of the municipality. Administration implements council’s decisions and undertakes research and provides advice. Read the full Municipal Act, 2001, or just these sections: 224, role of council, 227, role of administration and 229, discretionary CAO.

Given all the unbudgeted items that have been approved, this is money well spent if it helps to restore public trust and fulfills the obligation to represent the public interest.

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Questions For New Council Unanswered: Update

Some elected officials have now answered some of my October 26 questions, as mentioned in the November 14 post, Kudos And Questions For New Council Unanswered.

Since I did not encounter any barriers during campaigns by Councillor Diane Pouget and Councillor Peter Courtney, they were not asked to answer the three questions.

Mayor Michael Prue and Councillor Donald McArthur did not respond at the time of this post.

All answers, including typos and misspellings, are as received.

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

    Deputy Mayor Chris Gibb: no answer

    Councillor Molly Allaire: I read all materials supplied to me during my campaign from the town. I did not want anything to jeopardize my chances of making it into council.

    Councillor Linden Crain: 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.?

    Deputy Mayor Chris Gibb
    : I’m proud to say that I did complete the ADOA training that was offered to all members of council and I hope to put what I learned into practice not only in my “municipal life” but also in my personal life.

Councillor Molly Allaire: I have never really had any accessibility training. I have taken a few courses in university such as “Special Populations” and “Athletics for Everyone” which basically taught us many different populations accessibility needs and how to make recreation possible for everyone. At my previous job I learnt in the field about all walking aid assistive devices and such/

Councillor Linden Crain: 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?

    Deputy Mayor Chris Gibb: no answer

Councillor Molly Allaire: I am just dipping my feet into the waters here so bare with me. I plan to start applying for grants with the towns approval of course to help making our playgrounds and “heritage buildings” more accessible. I know this is not the perfect plan but starting somewhere is important. If you have any ideas or concerns specifically about the town that you would like to bring forward I will always listen and try to help. This is why I stepped up for this position.

Councillor Linden Crain:

  • 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.

Adminstrative Duties or Administrative Burdens?

Another item of concern on tonight’s agenda: Changes to Committee Structure. In an Auugust 2022 post, Concurrent Committee Members, I stated, Amherstburg’s Boards and Committees Appointment Policy, enacted September 26, 2011, could use an update but also adherence to the policy.

Will the proposed changes be counter productive to “The purpose of the Town of Amherstburg Boards and Committees Appointment Policy is to ensure a fair and equitable appointment process to Town Boards and Committees?”

What is motivating changes now?

In a November 14 Report to Council:

In order that the Administrative burdens associated with such a large committee structure are reduced, Administration will seek to recruit and train the same member to serve on the following committees:

    • Dangerous Dog Appeal Committee
    • Fence Viewers
    • Livestock Evaluators
    • Property Standards

This change would allow Administration to reduce the costs and resources required to provide these committees and the associated training in light of their being called to meet only as required, to address specific matters. Given the Town’s Board and Committee Appointment Policy requires that applicants be appointed to a maximum of two boards, Administration would request Council direction to amend the Boards and Committee Appointment Policy to reflect this change, and allow for applicants to be appointed to more than two Boards in these limited circumstances.

I believe administration are well compensated for performing their duties and whether it’s committees or freedom of information requests, how could they be viewed as burdens?