AODA

Integrated Accessibility Standards Policy

PURPOSE AND POLICY STATEMENT

Purpose:

Ensure that employees, partners and applicants for employment at Scarfone Hawkins LLP (“Scarfone Hawkins”) are aware of their rights and responsibilities under the Integrated Accessibility Standards (O. Reg. 191/11);
Set out in writing the organization’s procedures for accommodation and the responsibilities of each of the parties to the accommodation process.

Integrated Accessibility Standards have been developed to break down barriers and increase accessibility for persons with disabilities in the area of employment (among other areas).

Under Section 1 of the Integrated Accessibility Standards, the requirements set out in this regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.

This Multi-Year Accessibility Plan outlines the policies and actions that Scarfone Hawkins will put in place to improve opportunities for people who have disabilities. This plan will be reviewed and updated regularly to ensure that Scarfone Hawkins meets the requirements to be fully accessible by 2025.

APPLICATION AND SCOPE

This Policy applies to all employees, lawyers, students, volunteers of Scarfone Hawkins who deal with members of the public or other third parties, all clients and vendors.

The Accessibility for Ontarians with Disabilities Act (AODA) was published in 2005 and defines disability as:

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 co-ordination, 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; (“handicap”)

COMMITMENT TO ACCESSIBILITY

Scarfone Hawkins is committed to providing a barrier-free environment for our employees, partners, volunteers, clients, students, job applicants, visitors and other stakeholders who enter our premises, contact us or access our information. We are committed to applying the principles of dignity, independence, integration, and equal opportunity outlined in the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service Standard, and the Integrated Accessibility Standards Regulation (IASR). Scarfone Hawkins understands the importance of ensuring the full inclusion of all persons with disabilities by fostering an accessible and welcoming environment for all.

TRAINING

Scarfone Hawkins is committed to providing training to all its employees, partners, volunteers and contracted staff on the requirements of the accessibility standards referred to in the AODA, IASR and the Human Rights Code (as it relates to persons with disabilities). Training will be appropriate to the function of the employees and other persons. Specifically, the training will cover the details and requirements of:

Accessibility for Ontarians with Disabilities Act
Information and Communication Standards (under the IASR)
Employment Standards (under the IASR)
Understanding Human Rights (as it pertains to the AODA)

Scarfone Hawkins will provide training on an ongoing basis. Records will be kept of all completed training and will also include accessibility training as part of all new hire orientations.

INFORMATION AND COMMUNICATION STANDARDS

Feedback

Scarfone Hawkins will ensure that its processes for receiving and responding to feedback are accessible to persons with disabilities by providing or arranging for the provision of accessible formats and with communication supports upon request. Scarfone Hawkins will notify guests about the availability of accessible formats and communication supports.

Feedback pertaining to this policy may be submitted to:

In Person:	HR Manager Office, 16^th Floor
By Telephone:	905 523-1333 ext.297
Mail:	Attention: Human Resources Manager
	Scarfone Hawkins
	One James Street South, 14th Floor \| Hamilton, Ontario L8P 4R5

Accessible Formats and Communication Supports

Scarfone Hawkins will, upon request, provide or arrange for accessible formats and communication supports for persons with disabilities as follows:

in a timely manner that takes into account the person’s accessibility needs due to a disability
at a cost that is no more than the regular cost charged to other persons
by consulting with the person making the request and determine suitability of an accessible format or communication support
By notifying the public about the availability of accessible formats and communication supports

EMPLOYMENT STANDARDS

Recruitment, Assessment and Selection

Scarfone Hawkins is committed to ensuring recruitment, assessment and selection process is fully accessible. Scarfone Hawkins will focus on experience and skills and will not discriminate against candidates who have a disability or require an accommodation during the recruitment process. Scarfone Hawkins will notify employees and the public about the availability of accommodations for applicants and employees with disabilities as follows:

Notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.
Throughout the recruitment process, Scarfone Hawkins will notify job applicants when they are individually selected to participate in an assessment or selection process that accommodations are available upon request in relation to the materials or processes to be used.
If a selected applicant requests an accommodation, Scarfone Hawkins will consult with the applicant and provide or arrange for the provision of a suitable accommodation in a manner that takes into account the applicant’s accessibility needs due to disability.
When making offers of employment, Scarfone Hawkins will notify the successful applicant of its policies for accommodating employees with disabilities.

Informing Employees of Supports

Scarfone Hawkins will ensure that employees are informed of all accessibility policies (and any updates to those policies) used to support employees with disabilities, including policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability. This information will be provided to new employees as soon as practicable after commencing employment.

Accessible Formats and Communication Supports for Employees

Upon the request by an employee with a disability, Scarfone Hawkins will consult with the employee to provide accessible formats and communication supports for:

information that is needed in order for the employee to do their job; and
information that is generally available to employees in the workplace.

Scarfone Hawkins will consult with the employee making the request in determining the suitability of an accessible format or communication support

Workplace Emergency Response Information

Scarfone Hawkins shall provide individualized workplace emergency response information to employees who have a disability in accordance with the following elements:

If the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability.
If the employee who receives individual workplace emergency response information requires assistance, with the employee’s consent, Scarfone Hawkins shall provide the workplace emergency information to the person designated by Scarfone Hawkins to provide assistance to the employee.
As soon as practicable after becoming aware of the need for accommodation due to the employee’s disability.
Review the individualized workplace emergency response information when the employee moves to a different location in the organization, when overall accommodations needs or plans are reviewed, and when Scarfone Hawkins reviews its general emergency response policies

Documented Individual Accommodation Plans (IAP)

Scarfone Hawkins will develop and have in place a written process for developing a documented individual accommodation plan for employees with a disability. The process will include the following elements:

The manner in which an employee requesting accommodation can participate in the development of the individual accommodation plan
The means by which the employee is assessed on an individual basis
The manner in which the employer can request an evaluation by an outside medical or other expert, at the employer’s expense, to assist the employer In determining if accommodation can be achieved and, if so, how accommodation can be achieved
The steps taken to protect the privacy of the employee’s personal information
The frequency with which the individual accommodation plan will be reviewed and updated and the manner in which it will be done
If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.
The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.

Return-To-Work Processes

Scarfone Hawkins will have in place a return-to-work process for employees who have been absent from work due to a disability and require disability-related accommodation in order to return to work. Such processes shall be documented and must outline the steps that Scarfone Hawkins will take to facilitate the return to work and include an individual accommodation plan.

Performance Management, Career Development and Advancement and Redeployment

Scarfone Hawkins will take into account the accommodation needs and/or individual accommodation plans of employees when:

using performance management processes
providing career development and advancement information
using redeployment procedures

CUSTOMER SERVICE STANDARD

Intent

This policy is intended to meet the requirements of Accessibility Standards for Customer Service, Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005, and applies to the provision of goods and services to the public or other third parties, not to the goods themselves. All goods and services provided by Scarfone Hawkins shall follow the principles of dignity, independence, integration and equal opportunity.

Scope

This Policy applies to all employees of Scarfone Hawkins who deal with members of the public or other third parties, all clients and vendors.

The section of this policy that addresses the use of guide dogs, service animals and service dogs only applies to the provision of goods and services that take place at premises owned and operated by the Company.

This policy shall also apply to all persons who participate in the development of the Company’s policies, practices and procedures governing the provision of goods and services to members of the public or third parties.

Definitions

Assistive Device
Is a technical aid, communication device or other instrument that is used to maintain or improve the functional abilities of people with disabilities. Personal assistive devices are typically devices that clients bring with them such as a wheelchair, walker or a personal oxygen tank that might assist in hearing, seeing, communicating, moving, breathing, remembering and/or reading.
Disability
The term disability as defined by the Accessibility for Ontarians with Disabilities Act, 2005, and the Ontario Human Rights Code, refers to:

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 co-ordination, 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 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.

Service Animal
As reflected in Ontario Regulation 429/07, an animal is a service animal for a person with a disability if:

it is readily apparent that the animal is used by the person for reasons relating to his or
her disability; or
if the person provides a letter from a physician or nurse confirming the person requires the animal for reasons relating to the disability.

Support Person
As reflected in Ontario Regulation 429/07, a support person means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care, medical needs or access to goods and services.

General Principles

In accordance with the Accessibility Standards for Customer Service, Ontario Regulation 429/07, this policy addresses the following:

The Provision of Goods and Services to Persons with Disabilities
The Use of Assistive Devices
The Use of Guide Dogs, Service Animals and Service Dogs
The Use of Support Persons

The Provision of Goods and Services to Persons with Disabilities

Scarfone Hawkins will make every reasonable effort to ensure that its policies, practices and procedures are consistent with the principles of dignity, independence, integration and equal opportunity by:

ensuring that all clients receive the same value and quality;
allowing clients with disabilities to do things in their own ways, at their own pace when accessing goods and services as long as this does not present a safety risk;
using alternative methods when possible to ensure that clients with disabilities have
access to the same services, in the same place and in a similar manner;
taking into account individual needs when providing goods and services; and
Communicating in a manner that takes into account the client’s disability.

Assistive Devices

Client’s own assistive device(s):
Persons with disabilities may use their own assistive devices as required when accessing goods or services provided by Scarfone Hawkins. In cases where the assistive device presents a safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure the access of goods and services. For example, open flames and oxygen tanks cannot be near one another. Therefore, the accommodation of a client with an oxygen tank may involve ensuring the client is in a location that would be considered safe for both the client and business. Or, where elevators are not present and where an individual requires assistive devices for the purposes of mobility, service will be provided in a location that meets the needs of the client.

Guide Dogs, Service Animals and Service Dogs

A client with a disability that is accompanied by guide dog, service animal or service dog will be allowed access to premises that are open to the public unless otherwise excluded by law. “No pet” policies do not apply to guide dogs, service animals and/or service dogs.
Exclusion Guidelines: If a guide dog, service animal or service dog is excluded by law (see applicable laws below) Scarfone Hawkins will offer alternative methods to enable the person with a disability to access goods and services, when possible (for example, securing the animal in a safe location and offering the guidance of an employee).
Applicable Law: Dog Owners’ Liability Act, Ontario: If there is a conflict between a provision of this Act or of a regulation under this or any other Act relating to banned breeds (such as pitbulls) and a provision of a by-law passed by a municipality relating to these breeds, the provision that is more restrictive in relation to controls or bans on these breeds prevails.
Recognizing a Guide Dog, Service Dog and/or Service Animal: If it is not readily apparent that the animal is being used by the client for reasons relating to the client’s disability, Scarfone Hawkins may request verification from the client. Verification may include:

a letter from a valid Health Practitioner confirming that the person requires the animal for reasons related to the disability;
a valid identification card signed by the Attorney General of Canada; or,
a certificate of training from a recognized guide dog or service animal training school.

Care and Control of the Animal: The client that is accompanied by a guide dog, service dog and/or service animal is responsible for maintaining care and control of the animal at all time.
Allergies If a health and safety concern presents itself for example in the form of a severe allergy to the animal, the Company will make all reasonable efforts to meet the needs of all individuals.
Support Persons If a client with a disability is accompanied by a support person, Scarfone Hawkins will ensure that both persons are allowed to enter the premises together and that the client is not prevented from having access to the support person. There may be times where seating and availability prevent the client and support person from sitting beside each other. In these situations Scarfone will make every reasonable attempt to resolve the issue. In situations where confidential information might be discussed, consent will be obtained from

Communication

When communicating with person with a disability, partners, lawyers and employees will do so in a manner that takes into account the person’s disability. Where appropriate, our employees will as the person’s disability directly how best to communicate with them.

SERVICE DISRUPTION

Service disruptions may occur for various reasons that may or may not be within the control or knowledge of Scarfone Hawkins. In the event of a temporary disruption to offices, facilities or services that clients and employees with a disability rely on to access or use goods or services, reasonable efforts will be made to provide advance notice.

When disruptions occur, Scarfone Hawkins will

Contact clients with appointments or
By any other method that may be reasonable under the circumstances.

Scarfone Hawkins will make every reasonable effort to indicate when services will resume and suggest alternatives that can be utilized during the disruption. In some circumstances, such as in the situation of unplanned temporary disruptions or emergencies, advance notice may not be possible.

ACCESSIBILITY STANDARD FOR OUR FACILITIES

Scarfone Hawkins is committed to designing our offices/facilities free from barriers and accessible to all persons we serve. Scarfone Hawkins will comply with the Design of Public Spaces Standards with the respect to public spaces that are newly constructed or redeveloped in accordance with the requirements of IAS Regulation.

In the event we adopt a self-serve kiosk, we shall have a regard to accessibility in the design, procurement or acquisition of these kiosks.

REFERENCES:

Accessibility for Ontarians with Disability Act, 2005
Regulation 191/11 made under the Accessibility for Ontarians with Disability Act, 2005 (Integrated Accessibility Standards)
Accessibility Standards for Customer Service, Ontario Regulation 429/07