Ontario Public Service (OPS) accessible customer service policy

Introduction

The Government of Ontario supports the full inclusion of persons with disabilities in its laws, policies, programs and services. These obligations are outlined in the Ontario Human Rights Code (the Code), the Ontarians with Disabilities Act, 2001 (ODA), the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), and Ontario Regulation 191/11 – Integrated Accessibility Standards (IASR) under the AODA.

The Code protects persons with disabilities in Ontario from discrimination and harassment based on their disability, including when receiving goods, services, and using facilities. The OPS strives to maintain accessible and inclusive environments that respect human rights and are free from discrimination and harassment. Under the Code, the OPS also has a legal duty to accommodate the needs of persons with disabilities, up to the point of undue hardship.

The IASR establishes accessibility standards in the areas of information and communications, employment, transportation, design of public spaces, and customer service. Many of these requirements impact the way the OPS provides services to the public. The OPS is required to develop, implement, and maintain policies governing how it will provide goods, services or facilities to persons with disabilities.

Standards development committees are responsible for reviewing existing accessibility standards in Ontario and may propose statutory amendments to accessibility standards from time-to-time. This policy will be reviewed and updated as needed to ensure consistency with the customer service standards under the IASR.

The OPS is committed to providing high-quality, cost-effective services that keep pace with rising public expectations. The OPS endeavors to demonstrate leadership for accessibility in Ontario, and is committed to ensuring accessibility for its employees and the public in the delivery of OPS services, products, and facilities.

Purpose

The purpose of this policy is to:

• Outline ministry responsibilities for providing accessible goods, services, and facilities to persons with disabilities as set out in the IASR.

Note: This policy focuses on those elements of the IASR that impact ministries in providing goods, services and facilities to their customers or service users (e.g., customer service standards). Ministries are accountable for meeting all requirements and obligations owing to persons with disabilities under the Code, ODA, AODA (and IASR), and other applicable legislation, regulations, and OPS policies.

• Support the service vision, principles and mandatory requirements of the OPS Service Directive and OPS Common Service Standards, which are intended to guide ministries in their efforts to meet or exceed the needs and expectations of their customers or service users.

Application and scope

This policy applies to:

• all ministries
• all consultants and contractors to ministries

Throughout the policy, the terms “ministry” and “ministries” also mean all consultants and contractors to ministries as the context may require. 

This policy is intended to benefit the full range of persons with disabilities, as defined in the Code and the AODA.

Principles

The OPS is committed to ensuring that its policies, practices, procedures, and programs are consistent with the following principles:

• Goods, services and facilities are provided in a manner that respects the dignity and independence of persons with disabilities.
• Goods, services and facilities are provided to persons with disabilities with the same attention to quality and timeliness that are provided to others.
• The provision of goods, services and facilities to persons with disabilities is integrated with the provision of goods, services, and facilities to others, unless an alternate measure is necessary, to enable a person with a disability to obtain, use or benefit from the goods, services or facilities.
• Persons with disabilities are given equal opportunity to obtain, use and benefit from government goods, services and facilities.
• Communication with a person with disabilities is done in a way that takes into account the person’s disability.

Whether a person’s disability is apparent or not, everyone should be treated with dignity, made to feel welcome, and have their need for disability-related accommodation respected when they access OPS goods, services and/or facilities.

Mandatory requirements

Customer service training

• Ministries will ensure that all employees, volunteers, and any other persons who provide ministry goods, services or facilities, as well as those involved in developing policies, practices or procedures governing the provision of ministry goods, services or facilities to the public, (collectively “employees, volunteers and other persons”), are provided with training in accessible customer service.
• Training will be provided as appropriate to the duties of the employees, volunteers and other persons, and will include:
  • a review of the:
    • Purpose of the AODA
    • Requirements of the accessibility standards in the IASR, notably the requirements under the Customer Service Standards.
    • The Code as it pertains to persons with disabilities.
    • Applicable OPS policies, practices and procedures on the provision of accessible services to persons with disabilities.
  • instruction on:
    • How to interact and communicate with persons with various types of disabilities.
    • How to interact with persons with disabilities who use assistive devices or require the assistance of service animals or support persons.
    • How to use assistive communication devices and other assistive devices available on the ministry’s premises.
    • What to do if a person with a disability is having difficulty accessing OPS goods, services or facilities.
• Training will be included as part of the orientation or onboarding processes for employees, volunteers and other persons who are new to the OPS as well as to employees, volunteers and other persons where new duties are assigned that involve interaction with the public or other third parties; training will be provided as soon as it is practicable upon the employee, volunteer or other person being assigned the applicable duties.
• Training will also be provided on an ongoing basis when material changes are made to the policies, practices and procedures governing the provision of ministry goods, services, or facilities to persons with disabilities.
• All ministries will keep records of the accessibility training provided, including the dates on which training took place and the number of individuals to whom it was provided.

Assistive devices

• Ministries will strive to effectively serve persons with disabilities who use assistive devices, to obtain, use or benefit from ministry goods, services and facilities, regardless of service mode (e.g., voice, online, in-person).
• Ministries will inform customers of the assistive devices (e.g., TTY, sound amplification systems, mobility devices, video remote interpreting services) available at their various locations upon request and ensure that employees, volunteers and other persons have received training on how to use them.

Use of service animals and support persons

Service animals

• Persons with disabilities may bring their guide dog or service animal to ministry premises that are open to the public or that the person would otherwise be permitted to access.  They will be permitted to enter the premises with the guide dog or service animal, unless the animal is excluded from the premises by law.
• In cases where a guide dog or service animal is excluded by law, ministries will ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the goods, services and facilities.
• Guide dogs and service animals can often be readily identified through visual indicators such as a vest or harness worn by the animal.
• If it is not readily apparent that the animal is a guide dog or a service animal, the person with a disability may be required to provide documentation.
  • People should be treated with dignity, respect, and with due regard for privacy when being asked to provide documentation.
  • Documentation for guide dogs may include an identification card from the Ministry of the Attorney General.
  • Documentation for service animals may be provided by an audiologist or speech-language pathologist, chiropractor, nurse or nurse practitioner, occupational therapist, optometrist, physician, physiotherapist, psychologist, registered psychotherapist or registered mental health therapist.
  • The documentation should confirm that the person requires the animal for either: (1) reasons relating to a disability, in which case no specific diagnosis need be identified, or (2) training purposes, in which case the person should be identified as a certified service animal handler.
• It is the responsibility of the person with a disability to ensure that his or her service animal is kept in control at all times.

Support persons

• Any person with a disability who is accompanied by a support person (e.g., sign language interpreter, real-time captioner, personal support worker or personal attendant) will be allowed to enter ministry premises open to the public or premises that the person would otherwise be permitted to access, with the support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to the support person while on ministry premises.
• In some circumstances, ministries may require a person with a disability to be accompanied by a support person to protect the health or safety of the person with a disability or that of others on the premises. 
  • Ministries may require a support person only after (a) consulting with the person with a disability; (b) considering the available evidence; and (c) determining that no other reasonable alternative exists to protect the health or safety of the person with a disability or the health or safety of others on the premises.
• When support persons are required for ministry-sponsored meetings, consultations or events, ministries will arrange for and cover the costs for the necessary support persons to be present. If a person requests ahead of time to have their own support person present, the ministry may enter into an agreement with the person to pay support persons directly for their time and reasonable travel expenses on request, in accordance with OPS directives and policies, including the Management Board of Cabinet Travel, Meal and Hospitality Expenses Directive.
• In situations where the confidential information of a customer or service user with a disability is to be discussed, ministries must require permission from the customer or service user (verbal, written, or digital, as appropriate) allowing their support person to be present. Ministries may also require the support person and person with a disability to indicate in writing or otherwise, their understanding of confidentiality considerations where confidential ministry matters are being discussed.

Admission fees

• Where an admission fee is charged, ministries will not charge an admission fee for support persons. This policy will be: (1) posted on the ministry’s website; (2) included in information where admission fees are published; and (3) at entrances and/or location(s) where fees are collected.

Information and communication

Communications

• Ministries will ensure that communications take the accessibility needs of persons with disabilities into account across all service modes (e.g., voice, online, in-person). Ministries will communicate using methods that enable persons with disabilities to use, receive and request ministry goods, services or facilities with the same quality and timeliness as others.

Accessible formats and communication supports

• Ministries will inform the public about the availability of accessible formats and communication supports upon request, by placing notification in conspicuous places (e.g., on their websites, on their documents, on meeting invitations).
• When a person requests a ministry document or information in an accessible format or with a communication support, ministries will seek to provide the document or information in a way that takes into account the person’s individualized disability-related accessibility needs. 
  • Accessible formats and communication supports are defined terms in the IASR (see definitions below).
  • Examples of accessible formats and communications supports include large print, recorded audio and electronic formats, plain language, captioning, sign language, tape or MP3 recorders, alternative text description for images, and text-based alternatives for customer service phone lines.
• In responding to a request for an accessible format or communication support, ministries will consult with the person with the disability to determine the suitability of an accessible format or communication support.
• Requests for accessible formats and communication supports will be addressed in a timely manner.
• If a ministry is unable to fulfill a specific request, the ministry will provide an explanation to the requestor and, where required, determine with the requestor, an alternate method for meeting the request. The acknowledgment of such requests and responses regarding the ministry’s ability to meet the request must be provided in accordance with the OPS Common Service Standards.
• No cost shall be charged to the individual to produce an accessible format or to provide a communication support. If there is normally a charge for a document or service, the ministry should charge the same cost for the document or service as would be charged to others, without passing along the cost of the alternative format, conversion, or support.
• In circumstances where ministries may not be able to meet the request for a specific accessible format, for example when the technology or services needed to convert the information are not readily available, ministries will explain to the customer or service user why the information is unconvertible and provide a summary of the unconvertible information.
• The ministry that is responsible for maintaining or producing the document is responsible for producing or arranging to produce the accessible format of the document, regardless of where the request originated.

Accessible websites and web content

• Ministries are required to follow the OPS Digital Accessibility Standard (ODAS), which is a set of requirements for designing, developing, procuring, and delivering accessible digital products (e.g., websites, apps). ODAS supports compliance with AODA (and IASR) and promotes inclusively designed digital content and services.

Feedback process

• Ministries will establish a process for receiving and responding to feedback about the way they provide goods, services, or facilities to persons with disabilities.
• Ministries will inform customers and service users of methods available for giving feedback and will ensure these methods are accessible to persons with disabilities. This includes the option to provide feedback, and obtain a response to that feedback, through accessible formats and/or with communication supports, upon request.
• The feedback process must specify the actions that the ministry will take if a complaint is received about the way it provides goods, services, or facilities to persons with disabilities.
• Feedback may be provided in-person, by telephone/TTY, in writing, by email, or by other communication technology as required (e.g., accessible online form, audio/video feedback, accessible surveys).
• Privacy will be respected, and all feedback will be reviewed for action that may be taken to improve the provision of goods, services or facilities to persons with disabilities. Feedback received by ServiceOntario will be directed to a contact person at the appropriate ministry.
• Customers and service users can expect acknowledgement of feedback in accordance with the OPS Common Service Standards.  
  • If a conclusive response is not possible within the set timeframe, an interim response along with an estimated date for when the matter will be addressed and when the person will be notified will be provided. Every effort will be made to provide the response in a format that is accessible to the person who provided the comments.

Notice of temporary disruption

• In the event of a planned or unexpected disruption in the facilities or services usually used by persons with disabilities to obtain, use or benefit from a ministry’s goods, services or facilities, ministries will notify customers and service users of the disruption.
• This notice will include information about the reason for the disruption, how long the disruption is expected to last, and whether any alternative facilities or services (including routes) are available. The notice shall include either a contact name and telephone number or refer people to a recorded message.
• The notice will be placed at all public entrances and service counters on premises. Depending on the nature of the disruption, notice may also be provided on outgoing telephone and TTY messages, ministry websites, and/or other platforms (e.g., social media, news releases, e-blast, mail or statement insert, newsletter).
• This notice will be provided in an accessible format.

Emergency Information

• If the ministry makes information on emergency procedures, plans, or public safety available to the public, it shall provide the information in an accessible format or with appropriate communication supports, as soon as practicable, upon request.

Roles and Responsibilities

The OPS Accessibility Office is responsible for reviewing and updating this policy as needed.

Deputy ministers are accountable for their ministry’s compliance with this policy and the IASR; and for reporting ministry compliance information to the OPS Accessibility Office in Treasury Board Secretariat.

Assistant deputy ministers are accountable for divisional compliance with this policy and the IASR; and for reporting compliance information to facilitate collecting compliance information at the ministry level.

Managers are accountable for ensuring that this policy is communicated to employees, volunteers, and other persons providing goods, services, or facilities and that it is carried out consistently. They are accountable for ensuring compliance with the IASR within their departments, branches and units, and for reporting compliance information to facilitate collecting compliance information at the divisional and branch levels.

Employees, volunteers and other persons (providing goods, services, or facilities) are responsible for being aware of accessibility legislation, meeting these requirements in their daily work, and ensuring that accessible customer service is provided to all customers or service users in accordance with this policy and related procedures.

Definitions

Accessible formats:

as defined per the IASR, may include, but are not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities.

Assistive devices:

technical aids, communication devices, or medical aids that are used to increase, maintain, or improve how a person with a disability can function. Examples may include, but are not limited to, wheelchairs, walkers, note taking devices, portable magnifiers, recording machines, and assistive listening devices.

Barrier: 

is defined in the AODA as anything that prevents someone with a disability from fully participating in all aspects of society because of their disability. Examples of barriers include physical barriers, architectural barriers, information or communications barriers, technological barriers, attitudinal barriers, and a policy or a practice.

Communications:

is defined per the IASR as the interaction between two or more persons or entities, or any combination of them, where information is provided, sent or received.

Communication supports: 

supports that individuals with disabilities may need to access information. As defined per the IASR, these may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language, and other supports that facilitate effective communications.

Customer: 

is the direct user or recipient (sometimes involuntary recipient) of a service.

Disability 

is defined per the AODA and the Code as follows:

• Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
• A condition of mental impairment or a developmental disability,
• A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
• a mental disorder, or
• An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Guide Dog

as defined in the Blind Person’s Rights Act, means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations.

IASR

refers to O. Reg. 191/11 – Integrated Accessibility Standards, under the AODA. The IASR establishes standards in the areas of information and communications, employment, transportation, the design of public spaces, and customer service. Requirements set out in the IASR do not replace or limit any obligations owing to persons with disabilities under the Code or any other legislation.

Information: 

as defined per the IASR includes data, facts, and knowledge that exists in any format, including text, audio, digital or images, and that conveys meaning.

Service animal 

is defined in the IASR as an animal for a person with a disability if:

1. the animal can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
2. the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability:
   1. A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
   2. A member of the College of Chiropractors of Ontario.
   3. A member of the College of Nurses of Ontario.
   4. A member of the College of Occupational Therapists of Ontario.
   5. A member of the College of Optometrists of Ontario.
   6. A member of the College of Physicians and Surgeons of Ontario.
   7. A member of the College of Physiotherapists of Ontario.
   8. A member of the College of Psychologists of Ontario.
   9. A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.

Support person: 

as defined per the IASR, means, in relation to a person with a disability, another person who accompanies the person with a disability in order to help with communication, mobility, personal care or medical needs or with access to goods, services or facilities.

Temporary disruption: 

is a short term planned or unplanned disruption to facilities or services that the public usually uses to obtain, use or benefit from a provider’s goods, services or facilities.