BEING A BY-LAW TO RE-ESTABLISH AN ACCESSIBILITY ADVISORY COMMITTEE FOR THE CORPORATION OF THE TOWN OF COLLINGWOOD
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WHEREAS Section 12 of the Ontarians with Disabilities Act, 2001, S.O. 2001 c.32, as amended, requires council of every municipality having a population of not less than 10,000 to establish or continue an accessibility advisory committee;
AND WHEREAS the Council of the Town of Collingwood enacted and passed By-law No. 02-110, as amended, being a by-law to establish an Accessibility Advisory Committee;
AND WHEREAS on December 15, 2014 Council of the Town of Collingwood enacted and passed By-law No. 2014-090, a by-law to govern the proceedings of Council, Standing Committees, and Other Committees and Boards of Council;
AND WHEREAS the Council of the Town of Collingwood enacted and passed By-law No. 2012-14, being a by-law that established an Accessibility Advisory Committee and deems it expedient to repeal the by-law and establish the Committee based on the Council approved recommendations provided for in Staff Report CAO2014-07;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS:
In this By-law:
“Act”means the Ontarians with Disabilities Act, 2001, S.O. 2001 c. 32 and any amendments and regulation thereto;
“Advisory Committee”and “Committee” means the Accessibility Advisory Committee;
“Council”means the Council of the Town of Collingwood;
“Collingwood”means the Corporation of the Town of Collingwood;
“Town”means the Town of Collingwood.
2. ESTABLISHMENT, AUTHORITY AND PURPOSE
2.1 The Council of the Corporation of the Town of Collingwood hereby re-establish a Committee to be known as the “Accessibility Advisory Committee”, under the authority of the Ontarians with Disabilities Act, 2001S.O. 2001 c.32, as amended.
2.2 Duties of the Council
Council shall seek advice from the Advisory Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises,
a) that the council purchases, constructs or significantly renovates;
b) for which the council enters into a new lease; or
c) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with section 110 of the Municipal Act, 2001
2.3 Functions of the Advisory Committee
The Committee shall:
a) Perform the functions set out in this section, including responsibility to review in a timely manner the site plans and drawings described in Section 41 of the Planning Act that the committee selects; and
b) Perform all other functions that are specified in the regulations.
3. TERMS OF REFERENCE/MANDATE
3.1 The Accessibility Advisory Committee will prepare a Terms of Reference within the first six (6) months of the establishment of the Advisory Committee, to be presented to the Corporate Services Standing Committee for consideration. Once approved, the Terms of Reference for the Committee shall be appended hereto, and referenced as Schedule “A” of this By-law.
3.2 The Terms of Reference contained in Schedule “A” shall be reviewed every four (4) years, within the first year of the term of the succeeding Council, or more frequently as required. Council can initiate the review of the Terms of Reference at their discretion.
4. COMMITTEE COMPOSITION
4.1 The composition of the Accessibility Advisory Committee shall be as described in sections 4.2 and 4.3.
4.2 Voting members shall consist of:
Six (6) citizen members as appointed by the Corporate Services Standing Committee
One (1) Breaking Down Barriers representative
A majority of the members will be persons with disabilities as required by the legislation.
4.3 Non-voting members shall not be included to establish quorum, and shall consist of:
Staff Resource as determined by the CAO
4.4 Appointment Process
The citizen appointments will occur in accordance with the corporate policy known as “Recruitment and Selection – Committee/Local Committee Appointments”.
4.5 Key Qualifications & Eligibility Requirements of Citizen Members include:
eligible to vote in the Town of Collingwood municipal election;
should represent the following skill sets and/or interest areas: youth, adults, seniors, persons with disabilities, keen awareness of accessibility issues, expertise in construction or design of public spaces;
demonstrated leadership (mandatory for chair); and
good communication skills, demonstrate initiative, and positive attitude.
5. MEETING PROCEEDURES
5.1 Meetings shall be conducted in accordance with the current enacted Procedural By-law of the Town of Collingwood governing the proceedings of Other Committees and Boards, except as modified herein.
5.2 Elect a chair and vice chair from amongst its members and appoint a secretary, or have a secretary appointed to them, who may not be a member of the Committee, all of whom shall hold office at the pleasure of the Committee or for such a period as the Committee prescribes.
5.3 The term of office of a member of the Committee shall not exceed three years but members may be eligible for reappointment.
5.4 Despite Section 5.3, the term of office of a member continues until his or her successor is appointed.
5.5 Term of office shall be as established in the Municipal Procedural By-law for Other Committees and Boards, and prescribed in the appointment by-law as enacted by Council.
5.6 Meetings of the Advisory Committee shall generally be held monthly or at the call of the Chair, with the provision that at least four meetings shall be held per year. The Advisory Committee shall generally establish a regular meeting schedule that may be reviewed from time to time.
5.7 At all meetings of the Advisory Committee, every question shall be decided by a majority of votes cast. In the case of an equality of votes, the Chair of the meeting shall not be entitled to a second or tie-breaking vote.
6.1 A quorum shall consist of a simple majority of the voting members of the Advisory Committee.
6.2 Non-voting members are not considered when establishing quorum.
7.1 Members that are unable to attend shall notify the recording secretary and/or staff liaison to report their absence, prior to the meeting date and/or time.
7.2 If a member is absent for three (3) consecutive regular meetings the Advisory Committee may recommend to Council to have the member removed from the Advisory Committee. Council shall have the final decision.
7.3 If a member of the Advisory Committee resigns, the Committee shall report the resignation to the Clerk as soon as practical to initiate the recruitment process to fill the vacancy.
8.1 No remuneration shall be made to members of the Advisory Committee for their participation, unless otherwise directed by Council.
8.2 Reasonable expenses as approved by the Advisory Committee or Staff Resource may be compensated to members.
9.1 The Advisory Committee shall report to the Corporate Services Standing Committee through recommendations contained in their official minutes, or as a deputation if deemed appropriate, or at the request of the Corporate Services Standing Committee or Council.
9.2 Minutes of the Advisory Committee shall be circulated and received by the Corporate Services Standing Committee in accordance with the Municipal Procedural By-law.
9.3 The Advisory Committee will work closely with staff but will not have supervisory authority over any staff.
9.4 Direction from Council or Standing Committee to the Advisory Committee shall be communicated back to the Advisory Committee through the Municipal Clerk.
10. ASSISTANCE / SUPPORT
10.1 The Community Services Standing Committee, in conjunction with the Advisory Committee, shall have the ability to second people fromthe community for the purpose of establishing ad hoc committees and task forces for specific issues or events, as necessary, which would providemeaningful assistance but which would dissolve upon completion of the task.
11. Established Municipal Policies, Rules and Procedures
11.1 The Advisory Committee shall abide by all municipal rules, policies, or procedures unless otherwise authorized.
11.2 The Municipal Act 2001 and the Municipal Conflict of Interest Act shall bind all Committee members as it relates to disclosure of any direct, indirect or deemed pecuniary interest, closed meetings procedures, and any other requirements under the Acts, which pertain to the conduct of the member.
11.3 All records, documents, correspondence pertaining to the activity of the Advisory Committee are considered to be records of the institution, and are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.
11.4 The records of the Advisory Committee shall be retained and preserved in accordance with the provisions of the Town of Collingwood Records Retention By-law.
12.1 Committee members will be required to sign a confidentiality declaration at the beginning of their term.
12.2 Committee members may cease to be a member of the Advisory Committee if they breach confidentiality. The Advisory Committee will make a recommendation to Council to remove the member. Items that are to be considered confidential will be so noted.
12.3 Members of the Advisory Committee are further governed by the Municipal Freedom of Information and Protection of Privacy Act.
13.1 In carrying out the provisions of this By-law, the Advisory Committee shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this section contained shall authorize or empower the Committee to incur any debt, liability, or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of Council of the Town of Collingwood.
14.1 THAT By-law No. 2012-014, as amended, being a by-law to establish the Accessibility Advisory Committee be hereby repealed.
14.2 THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
ENACTED AND PASSED this 5th day of January, 2015.