Why are the compliance and reporting dates under the Customer Service Standard sooner for municipalities and other public sector organizations?
Designated public sector organizations, including municipalities, must begin complying with and reporting on the Customer Service Standard in 2010. Public Sector organizations are well positioned to implement and report on accessibility improvements since they have been developing annual accessibility plans under the Ontarians with Disabilities Act, 2001 (ODA) since 2003.
The broader public sector has had a head start with accessibility planning under the ODA, and municipalities have been a leader in improving accessibility in Ontario for a number of years.
Are local boards included in municipalities for the purposes of compliance and reporting on the Customer Service Standard?
It is up to the municipality to determine whether local boards are included for the purpose of the Customer Service Regulation. If boards are included as part of the municipality, then they would need to comply by 2010. Each municipality itself is likely in the best position, in consultation with its lawyers, to determine what boards to include for that municipality.
What is the meaning of the phrase “or other third parties” in the regulation?
The phrase “other third parties” is used in sub-sections 1(1), 4(1) and 6(1) of the regulation, and this phrase refers to who is receiving the services. For example, in section 6(1), municipalities are required to ensure that “every person who deals with members of the public or other third parties on behalf of the provider” is trained about providing goods or services to people with disabilities.
Other third parties might include:
- business clients
- non-profit organizations
- charities, etc.
So, if an employee, volunteer or agent of a municipality deals with members of the public, businesses, charities or other organizations, then the municipality must ensure that training is provided. See also Section 4(b) of the Guide.
Do municipalities have to ensure that staff of contractual parties delivering services on their behalf are trained by 2010?
Under section 6(1) of the regulation, organizations must ensure that every employee, agent, volunteer or other person who deals with members of the public or other third parties on their behalf receives training about providing services to people with disabilities by 2010.
It is up to municipalities to determine whether any person provides services on their behalf for the purposes of the regulation. See Section 9(a) of the Guide for examples.
By 2012, all other organizations need to ensure that their staff, volunteers, agents, etc., receive training. However, this does not remove the obligation for municipalities to ensure that people providing goods or services on their behalf receive training.
Municipalities may wish to consult with their legal counsel to determine who is providing services on their behalf for the purposes of this section.
Do senior managers need to be trained on the use of equipment or devices?
Section 6 of the regulation requires the provider of a good or service to ensure training is received on the provision of the goods or services of the provider to persons with disabilities, including training on how to use equipment or devices. If managers participate in developing customer service policies, practices or procedures, or deal with the public (for example, by filling in for front-line workers), then they would need to be trained on using equipment or devices that may help to provide goods or services to people with disabilities. See also Section 9(b) of the Guide.
Can municipalities (along with other service providers) impose reasonable limits on service animals brought into service facilities?
Municipalities cannot impose limits on service animals beyond those already addressed in the standard. The Customer Service Standard includes an exception when animals are excluded from the premises by law. Two examples of laws that exclude animals are regulations under the Health Protection and Promotion Act and the Food Safety and Quality Act, 2001. There may also be others. See also Section 7(f) of the Guide.
Note that the provisions about service animals only apply to those parts of a provider’s premises that are open to the public or other third parties.
Will the government provide financial support to assist the designated public sector to comply with the Customer Service Standard?
Dedicated funding to meet accessibility standards will not be provided by the provincial government. However, compliance assistance tools, such as the Guide to the Accessibility Standards for Customer Service, Ontario Regulation 429/07 are available on AccessON to help organizations meet the requirements of the Customer Service Standard. Municipalities can build on their accessibility planning as well as their existing customer service and training processes to meet the requirements of the standard.