Accessibility for Ontarians with Disabilities Act, 2005
Built Environment Standards Development Committee
TERMS OF REFERENCE
January 2008
This document replaces the previous document, the Built Environment Standards Development Committee Terms of Reference, as posted publicly on the MCSS web site in April 2007.
Table of Contents
- Common Accessibility Standards
- Sector-Specific Accessibility Standards
- Purpose
- Mandate
- Scope of the proposed Information and Communications Accessibility Standard
- Guiding Principles for Developing a Proposed Information and
Communications Accessibility Standard
- Committee Roles and Responsibilities
- Key Deliverables and Timelines
- Proposed Built Environment Accessibility Standard
- Finalizing the Proposed Accessibility Standard
- Meeting Minutes and Progress Reports
- Member Roles and Responsibilities
- Chair
- Chair Responsibilities
- Facilitator
- Role of Facilitator
- Term of Membership
- Accessibility Directorate of Ontario
- Conflict of Interest
- Transparency
- Confidentiality
- Expenses
- Accomodation Support for Members
- Meetings and Time Commitment
- Quorum
- Alternates or Proxies
The Accessibility for Ontarians with Disabilities Act, 2005 (“the Act”) received Royal Assent and became law on June 13, 2005. The purpose of the Act is to:
- Develop, implement and enforce accessibility standards with the goal of achieving accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises by January 1, 2025; and
- Provide for the involvement of persons with disabilities, of the Government of Ontario and of representatives of industries and of various sectors of the economy in the development of accessibility standards.
The Minister of Community and Social Services (“the Minister”)1 is responsible for establishing and overseeing a process to develop and implement all accessibility standards under the Act, necessary to achieving the purposes of the Act. Accessibility standards are established by regulation made by the Lieutenant Governor in Council.
As part of the standards development process under the Act, the Minister is required to establish standards development committees that will develop proposed accessibility standards to be considered for adoption by regulation.
Committee members include:
- Persons with disabilities or their representatives;
- Representatives of industries, sectors of the economy or classes of persons to which an accessibility standard applies;
- Representatives of Ontario government ministries; and
- Other persons or organizations the Minister considers advisable.
Individuals may be appointed to serve on the Committee as advisory members. Advisory members may bring to the Committee additional perspectives, advice, technical expertise and other input. Advisory members will be comprised of balanced representation from Ontario government ministries and persons with disabilities or their representatives.
Committee membership is structured so that overall 50 per cent of voting and advisory members are comprised of persons with disabilities or their representatives.
Standards development committees under the Act are not agencies of the Government of Ontario, and therefore their non-government members will not be considered government appointees, nor will they be in an employment relationship with the government.
The Minister is required to fix Terms of Reference for each committee and make those Terms of Reference public. If there should be a conflict between the Act and the Terms of Reference, the Act shall take precedence.
1. Common Accessibility Standards
The Minister has established standards development committees to develop proposed common standards that may address barriers that are common to all sectors, and may apply broadly to all persons and organizations in Ontario.
The Customer Service Standards Development Committee established in February 2006 fulfilled its mandate. A customer service standard has been adopted by regulation and is in force as of January 1, 2008.
The intention is to develop additional common standards in the following areas. A Standards Development Committee has been established for each area:
- Built environment - Refers to access to, from and within buildings, and outdoor street spaces such as pedestrian access routes and signal systems.
- Employment - Refers to hiring and retaining paid employees/workers.
- Information and Communications – refers to, but is not limited to, information and communication provided to the consumer or end-user through print, telephone, electronically and in person.
Proposed common accessibility standards, once adopted in regulation, may apply across all industries and sectors of the economy.
2. Sector-Specific Accessibility Standards
In February 2006, the Minister also established a standards development committee to develop a proposed sector-specific accessibility standard in the area of transportation. Transportation, in this context, refers to modes of passenger transportation within provincial and municipal jurisdiction (such as municipal transit). The committee’s initial proposed standard was posted for public review in summer 2007.
If required, additional standards development committees may be established to develop other proposed accessibility standards that are specific to a particular sector.
Proposed sector-specific accessibility standards, once adopted in regulation, may apply to persons and organizations in that sector only, and may address barriers that are unique to the sector, not addressed by the common standards.
3. Purpose
A standards development committee was established under the Accessibility for Ontarians with Disabilities Act, 2005, to be known as the Built Environment Accessibility Standards Development Committee (“the committee”). The Minister has fixed and made public the Terms of Reference in April 2007 for the committee and has authority over them.
Since the posting of the 2007 Terms of Reference, adjustments have been made to the standards development committees to ensure 50 per cent membership from the disability community. Ministries will no longer participate in voting but they will continue to bring their valuable expertise to the table.
Because of such adjustments, 2008 Revised Terms of Reference have been developed and made public.
The purpose of these revised Terms of Reference is to direct and guide the committee in carrying out its roles and responsibilities. Additional direction on the scope and application of the proposed standard may be provided by the Accessibility Directorate of Ontario ("the Directorate”) from time to time and will form part of these revised Terms of Reference.
4. Mandate
The Built Environment Accessibility Standard Development Committee will develop and give to the Minister, a proposed Built Environment Accessibility Standard as required by the Act and these revised Terms of Reference.
In developing the proposed accessibility standard, the committee will:
- identify and consider the nature of the barriers experienced by people with a range of disabilities in the area of the built environment in Ontario;
- develop accessibility requirements – the committee is not charged with determining the need for creating or adjusting government policies or programs or the means of regulating the proposed standard;
- consider the work and recommendations of other standards development committees established under the Act, including proposed accessibility standards and regulations developed under the Act, pertinent to the development of the proposed Built Environment Accessibility Standard;
- work with costing consultants, technical consultants and other individuals engaged to support the committee’s work in considering both current, emerging and future technical, economic and other relevant factors;
- for members who are endorsed by one or more organizations, regularly seek input from the organization(s) and provide input on behalf of the organization(s), to the committee in support of the standards development process.
5. Scope of the proposed Built Environment Accessibility Standard
For the purpose of discussion and development of a proposed Built Environment Accessibility Standard, the focus is to be on built public open spaces and streetscape elements as well as building elements in a range of occupancies. Occupancies may include, but are not limited to, business and industrial occupancies, multi-residential occupancies, hotels, motels, assembly occupancies such as theatres, recreational facilities, interior and exterior transportation infrastructure (boarding platforms, facilities, bus stops, etc.).
In accordance with these revised Terms of Reference and the Act, the proposed accessibility standard will set out the policies, practices or other requirements for the identification and removal of barriers with respect to the built environment for persons with a range of disabilities.
6. Guiding Principles for Developing a Proposed Built Environment Accessibility
Standard
The proposed accessibility standard should:
- In line with the principles, purpose and requirements of the Accessibility of Ontarians with Disabilities Act, develop standards to achieve accessibility for Ontarians with disabilities on or before January 1, 2025, taking into account:
- the range of disabilities that the measures, policies, practices and requirements are intended to address;
- the nature of the barriers that the measures, policies, practices and requirements are intended to identify, remove and prevent;
- any technical and economic considerations that may be associated with their implementation
- focus on first 5 year efforts on preventing barriers, on a go forward basis;
- build on existing Ontario legislative and regulatory frameworks, including the Building Code, wherever possible;
- promote the integration of needs of people with disabilities in the design of the built environment;
- address barriers to people with disabilities in using, accessing and/or circulating through buildings and built spaces;
- be sufficiently flexible to allow for innovation and best practices, but provide sufficient guidance so that obligated organizations may know when regulations have been met;
- recognize that while the built environment in Ontario should be accessible to people with as wide a range of disabilities and abilities as possible, there will continue to be a need for individual accommodation for persons with disabilities;
- where appropriate, reflect existing international standards, legislation, regulation, codes, and best practices in Ontario, other Canadian provinces, and internationally, in the area of built environment accessibility
7. Committee Roles and Responsibilities
The committee will:
- Make achieving the purpose of the Accessibility for Ontarians with Disabilities Act, 2005, the primary consideration in all of the committee’s work including its deliberations, activities and deliverables.
- Fulfil its responsibilities under the Act and these revised Terms of Reference through a consensus-based decision-making process; consensus means substantial agreement of members through a process taking into account the views of all members in the resolution of disputes; unanimous decisions are not necessarily required to achieve consensus.
- Appreciate and advance, in a balanced and fair way, the views and interests of persons with disabilities and the public and private sectors of the Ontario economy affected by a proposed Built Environment Accessibility Standard.
- Carry out committee work in a manner that preserves and enhances public trust in the integrity and skill of the committee to carry out its duties under the Act in the public interest and in a fair, effective and timely manner.
- To the extent possible, provide that all materials produced by the committee, whether written or otherwise, that are to be shared with the public, are clear and in plain language, concise, logical and unambiguous. Such materials include committee meeting minutes, progress reports and the proposed Built Environment Accessibility Standard.
- Accommodate persons with disabilities on the committee throughout the committee process.
- Abide by these revised Terms of Reference, the revised Committee Rules and Procedures as provided to the committee, any direction the Minister may issue, and the Act as it relates to the committee’s roles and responsibilities.
- Review and consider all information, material and guidance provided by committee members, the Minister and the Accessibility Directorate of Ontario (“The Directorate”) and any consultants or subject matter experts to assist the committee in its work.
- As required by the Act, determine long-term accessibility objectives for Ontario industries, sectors of the economy or classes or persons or organizations impacted by a proposed Built Environment Accessibility Standard.
- The SDC, from time to time, may receive and consider, advice and information from the Accessibility Standards Advisory Council, (ASAC), and through the SDC Chair, provide information about the SDC’s progress to the Council.
- Identify the persons or organizations that must implement the proposed Built Environment Accessibility Standard and, specify the dates by which requirements should be implemented, in increments of five years or less.
- Submit the initial proposed Built Environment Accessibility Standard to the Minister.
Following the public review of the initial proposed standard, finalize the proposed standard by:
- Considering the comments received during the public review;
- Making any changes the committee considers advisable;
- Submitting the final proposed standard to the Minister; and
- Approving committee meeting minutes and providing them to the Minister to be made public.
- Responding in a timely fashion to requests for information and reports as may be required from time to time by the Minister.
8. Key Deliverables and Timelines
The committee will complete the following key deliverables within the specified timelines:
- Mandatory Orientation and Training – New members of the committee must undergo orientation and training conducted by the Directorate.
- Committee Work Plan: Once the committee re-convenes in spring 2008, it will prepare and give to the Minister a work plan no later than the second meeting of the newly constituted committee. The work plan will outline key milestones, activities, and timelines to achieve deadlines established in these revised Terms of Reference. Thereafter, the committee will update the work plan as necessary and submit a copy to the Minister.
- Long-term accessibility objectives report: The committee will identify the long term objectives for accessibility respecting the built environment in Ontario, by identifying the measures, policies, practices and requirements that it believes should be implemented on or before January 1, 2025.
9. Proposed Built Environment Accessibility Standard
No later than 10 months after re-convening in spring 2008, the committee will deliver to the Minister the initial proposed Built Environment Accessibility Standard intended for public review. The proposed standard will specify the following:
- The requirements for the identification, removal and prevention of barriers with respect to the built environment.
- The persons or organizations required to implement the requirements.
- Dates by which requirements should be implemented, in increments of five years or less.
10. Finalizing the Proposed Accessibility Standard
A report on comments received during the public review will be prepared by the Directorate and the comments will be given to the committee for its consideration. The committee will consider public comments, seek additional information if needed and may make changes to the initial proposed standard based on public comments, as the committee deems advisable. Following this review, the committee will submit the final proposed standard to the Minister along with a report on its consideration of public comments.
11. Meeting Minutes and Progress Reports
No later than the committee’s next meeting, the committee will approve and provide the Minister its Meeting Minutes which are to include a progress report on the development of the proposed Built Environment Accessibility Standard. Note: minutes for committee meetings that occurred prior to January 2008 do not require the approval of new members.
12. Member Roles and Responsibilities
In addition to contributing to the fulfillment of the roles and responsibilities assigned to the committee as a whole, all committee members will:
- complete all mandatory training and orientation designed to assist the committee in carrying out its roles and responsibilities;
- actively participate in all scheduled committee meetings;
- during all committee meetings and activities, present their respective views and interests at the strategic level to the best of their abilities, and present the views and interests of those organizations, industries, sectors of the economy or other classes of individuals or organizations or communities of interest which have endorsed members for the purpose of representing or presenting such views or interests;
- review materials and background information prior to committee meetings and be prepared to discuss materials at committee meetings;
- review committee minutes for accuracy and check that interests are properly documented;
- carry out individual assignments within set timelines;
- participate effectively and in good faith in all committee activities;
- work collaboratively with other committee members to achieve consensus on all decisions;
- provide input into committee agenda items and priorities;
- participate in sub-committees, if required;
- work with individuals and organizations outside the committee if required to support the work of the committee;
- consider the advice and input of other parties including members of the public who are called to present to the committee or who otherwise assist the committee in its work;
- disclose to the Chair any conflict of interest, as is defined within these revised Terms of Reference; and
- abide by confidentiality requirements, as are defined within these revised Terms of Reference.
13. Chair
The Minister will assign an independent and experienced individual to chair committee proceedings and an individual to perform this role in the absence of the Chair.
14. Chair Responsibilities
In carrying out his or her duties, the Chair will:
- act in an impartial manner and be non-partisan;
- assist in the preparation of meeting agendas;
- encourage the balanced and strategic analysis of all relevant issues and questions from a variety of perspectives;
- mediate disputes in accordance with the revised Committee Rules and Procedures as provided to the committee;
- determine when a consensus is reached;
- determine when an initial proposed standard and a final proposed standard, in whole or in part, are submitted to the Minister;
- record in writing any declared conflict of interest and provide to the Minister;
- verify that minutes of the meetings are accurately recorded;
- lead the development of a committee work plan;
- determine the need for sub-committees in consultation with the Facilitator and the Directorate;
- consider and authorize any nominated alternates/proxies on a meeting-by-meeting basis; and
- monitor the work of the committee, and sub-committees if any, against the requirements of the Act, these revised Terms of Reference and as outlined in the work plan, with a view to keeping it on track to meet timelines.
15. Facilitator
The Directorate may determine the need and provide for, the services of an independent facilitator to support the committee in its work.
16. Role of Facilitator
In carrying out his or her duties, the Facilitator may support the Chair in exercising his or her duties by:
- guiding discussions to assist the committee in meeting its deliverables;
- supporting the committee by facilitating discussion, openness and collaboration;
- providing for the effective, balanced, fair and equal participation all committee members during committee deliberations and discussions;
- supporting the Chair in dispute resolution; and
- in consultation with the Directorate, advising the Chair on the establishment of sub-committees and facilitating the work and discussions of sub-committees where established.
17. Term of Membership
Members shall participate on the committee until such time as the Minister writes to the Committee about whether he/she will recommend that the final proposed Built Environment Accessibility Standard be adopted in regulation, in whole, in part, or with modifications. It is anticipated that the committee will be in place for a period of no longer than 18 months from its spring 2008 meeting. The Minister may at his/her discretion vary the duration of individual membership, including termination of membership, and the duration of the committee as a whole.
Unless otherwise determined by the Minister, the committee ceases to exist once the Minister has informed the committee of his/her decision on whether or not to recommend to the Lieutenant Governor in Council that the proposed standard be adopted by regulation in whole or in part or with modifications. The Minister may terminate the committee’s mandate at his/her discretion.
18. Accessibility Directorate of Ontario
The Directorate will support the Minister in carrying out his/her roles and responsibilities under the Act. The Directorate will assist the committee in carrying out its roles and responsibilities to provide for the efficient and effective operation of committee proceedings and activities in accordance with the Act, these revised Terms of Reference, and revised Committee Rules and Procedures to be provided to the committee.
The Directorate will receive reports and other materials produced by the committee intended for the Minister and provide meeting management support including:
Support all standards development committee meetings;
- assist the Chair in his/her responsibilities through the encouragement of a balanced and strategic analysis of all relevant issues and questions from a variety of perspectives;
- ensure the deliberations of the standards development committee are consistent with the intent, spirit, and the letter of the Act;
- drafting and distributing committee agendas, minutes, and other material for committee review on a timely basis;
- acting as the repository of all committee records and documentation;
- providing administrative support to the committee as required;
- administering all financial matters related to the committee’s work;
- providing appropriate and timely accommodation for persons with disabilities with respect to all aspects of committee work, proceedings and activities; and
- consulting with and informing other ministries of any issues or concerns throughout the duration of the committee’s mandate.
19. Conflict of Interest
A conflict of interest arises when a member’s private or personal interests may take precedence over or compete with his or her responsibilities as a member of a standards development committee. A conflict of interest may be actual, perceived or potential and may occur before, during and after membership on a standards development committee.
Without limiting the generality of the foregoing, it shall be a conflict of interest for a member or a member’s family to derive a personal gain or benefit arising from his or her membership on a standards development committee. It shall also be a conflict of interest for a member to use or disclose confidential information without prior written permission of the Minister or the Chair, as appropriate.
A member of the committee must, without delay, disclose to the Chair in writing any situation that may be reasonably interpreted as being an actual, perceived or potential conflict of interest.
The Chair must, without delay, disclose to the Minister in writing any situation that may be reasonably interpreted as being an actual, perceived or potential conflict of interest.
Non-compliance with the above may result in the Minister rescinding a member’s or Chair’s invitation to participate on the committee.
The Minister will determine if a situation constitutes a conflict of interest and will work with the Chair and/or members as appropriate to address the situation.
20. Transparency
In addition to what is prescribed by the Act or elsewhere in this revised Terms of Reference, any documents and materials developed by or for the Committee will be accessible to the public upon request. Committee documents and material are subject to the Freedom of Information and Protection of Privacy Act (FIPPA).
21. Confidentiality
In the course of carrying out their roles and responsibilities as members of the committee and if necessary, committee members may be given access to sensitive or confidential information by other committee members, the Directorate or others. All personal information provided to committee members and others engaged in committee activity should be treated with sensitivity/confidentiality. In addition, all personal information is subject to the privacy provisions of FIPPA.
Committee members may share information with non-committee members in the course of bringing informed views, interests and positions to the committee and advancing the capacity to achieve consensus. Please note, that although this is not considered breach of confidentiality, personal information should not be disclosed unless there is the legislative authority to do so, or the individual to whom the personal information relates has provided consent to release the information.
All committee documents, communications, work and activities is subject to the Freedom of Information and Protection of Privacy Act and any other applicable federal and provincial privacy legislation.
22. Expenses
There is opportunity for committee members to apply in writing for reimbursement of travel-related expenses through the Directorate, if required. Expenses may be reimbursed in accordance with the government’s Travel, Meal and Hospitality Expenses Directive, which will be provided to committee members.
Committee members who require additional assistance may direct their inquiries to the Directorate. Assistance may be provided as appropriate at the discretion of the Minister.
23. Accommodation Support for Members
Supports to accommodate people with disabilities will be provided as required. Such supports may include, but are not limited to, the provision of materials in preferred formats such as electronic, print, Braille or large print, the provision of interpreter services or personal attendants, and reimbursement of out-of-pocket accommodation-related expenses (such as travel expenses for personal attendants or caregivers in accordance with the government’s Travel, Meal and Hospitality Expenses Directive).
Committee members are responsible for identifying their accommodation needs to the Directorate prior to the committee orientation and training, so that accommodations are provided in a timely manner.
24. Meetings and Time Commitment
The committee will normally meet in Toronto for one to two days, approximately every six to eight weeks. Additional time between meetings to review materials and carry out other tasks will likely be required, particularly by members of sub-committees.
25. Quorum
At least 50 per cent of the voting members plus 1 voting member will constitute a quorum. Meetings will not normally be held unless there is quorum and there is representation from voting members of each sector represented on the committee.
26. Alternates or Proxies
If necessary, committee members may nominate alternates or proxies in their place, provided that such alternates or proxies have similar expertise and experience as the original member.
Alternates or proxies must be endorsed by the organization they represent and must be able to act as agents on behalf of the committee member, with full voting authority.
If alternates or proxies are nominated for individuals (i.e. members not representing an organization), then the original member must demonstrate to the Chair that the alternate or proxy has full voting authority on behalf of the member.
The Chair will consider and authorize any nominated alternates or proxies on a meeting-by-meeting basis.
1All references to the Minister throughout this Terms of Reference may equally refer to the Minister’s delegate, as per section 34 of the Act.