Laws that affect you co-op

Transcription

1 Laws that affect you co-op CHF Canada Member Education Forum June 8, 2017 Peter Gesiarz, Program Manager, CHF Canada Legislation affecting housing co-ops CHF Canada Workshop 1

2 Laws affecting housing co-ops Different laws affect co-ops in different ways Codes top other Ontario legislation Human Rights Code is dynamic Look at social legislation through the Human Rights lens Two laws recently revised that affect how you manage and govern your co-op - Accessibility for Ontarians with Disabilities Act - The Occupational Health and Safety Act Agenda Quick overview of the Human Rights Code Accessibility for Ontarians with Disabilities Act The Occupational Health and Safety Act CHF Canada Workshop 2

3 Human Rights In Ontario 1944 The Ontario Racial Discrimination Act prohibited publishing or displaying symbols that expressed racial or religious discrimination 1951 Fair Employment Practices Act which prohibited discrimination based on race and religion in employment 1954 Fair Accommodation Practices Act which prohibited discrimination in public places on racial, religious or ethnic grounds 1958 Ontario Anti-Discrimination Commission Act which created a commission to administer the above acts and develop educational programs 1961 Amendment to the Fair Accommodation Practices Act which prohibited discrimination in rental accommodation 1961 Amendment to the Ontario Anti-Discrimination Commission Act, to change the name of the province s human rights body to the Ontario Human Rights Commission Human Rights In Ontario CHF Canada Workshop 3

4 The Human Rights System in Ontario Ontario Human Rights Code CHF Canada Workshop 4

5 Human Rights Policy on Rental Housing Fall 2009: Launch of Human Rights Policy on Rental Housing Key points for co-ops: The co-op (through the board) is responsible for addressing all human rights issues in the co-op that comes to its attention (or that it should have known about). Includes: Dealing with complaints between members, between board and members, between members and staff, etc. Responding to requests for accommodation on human rights grounds (usually disability) /attachments/policy_on_human_rights_a nd_rental_housing.pdf Prohibited Grounds of Discrimination CHF Canada Workshop 5

6 I m 77, so it s all right for the building manager to keep asking me if I m ready to move into a retirement home. True or False? I m a student with a young child. The landlord said he wants to rent to a couple. Is this discrimination? Yes or No? CHF Canada Workshop 6

7 I rent an apartment in a low-rise building with three floors. I live on the top floor, but now use a walker. I asked to transfer to a unit on the 1st floor, but the property manager said there s a long waiting list. Is this discrimination? Yes or No? What wording may screen out tenants on Code grounds in rental ads? Two-bedroom condo. Ideally suited for mature couple Pet friendly building. Close to parks and schools Available now. Smoke-free apartment on main floor CHF Canada Workshop 7

8 What three questions can you ask on a rental application form? Accessibility for Ontarians with Disabilities Act Background to AODA Changes January 1, 2016 effective July 1, 2016 Changes January 1, 2017 Changes January 1, 2018 Resources CHF Canada Workshop 8

9 Accessibility for Ontarians with Disabilities Act Why the AODA? CHF Canada Workshop 9

10 What s a disability? Initial AODA standards CHF Canada Workshop 10

11 Co-ops and the customer service standards Initial Customer service requirements... CHF Canada Workshop 11

12 ... Customer service requirements Legislative Objectives Must address measures your co-op takes to ensure people with disabilities have access to services Must uphold principles of dignity, independence, integration and equality of opportunity Must include policy on use of assistive devices no requirement for co-op to supply devices No prescribed format or detailed contents CHF Canada drafted a sample policy CHF Canada Workshop 12

13 Amendments to the AODA January 1, Amendments to the AODA CHF Canada Workshop 13

14 Training General membership: presentation on the co-op s AODA policy Committee members: interactive online training that gives volunteers the tools they need to interact with people with disabilities: Staff and directors: more comprehensive training sessions such as: Service animals CHF Canada Workshop 14

15 Support persons Accessible documents CHF Canada Workshop 15

16 Communication supports Amendments to the AODA January 1, 2017 CHF Canada Workshop 16

17 Make your public information accessible when asked Types of information that can be requested in an accessible format include: Emergency plans and procedures Maps, warning signs and evacuation routes Information about alarms or other emergency alerts Customer service feedback processes Workplace information for employees Other public or member information Make your public information accessible when asked Members, employees, and the public know that written information and other forms of communication are available in accessible formats, upon request, by posting notice on a website, promotional material, or on a bulletin board Accessible formatted information will be provided in a timely manner without charge CHF Canada Workshop 17

18 Feedback processes for employees and the public Accessible employment practices... CHF Canada Workshop 18

19 Accessible employment practices... The co-op will provide workplace information in an accessible format if an employee requests it. Workplace information includes: Any information employees need to perform their jobs (e.g. job descriptions and manuals) General information that is available to all employees at work (e.g. company newsletters, bulletins about company policies and health and safety information) Procedures when an employee with a disability may need accommodation in an emergency... Accessible employment practices The co-op will consider the needs of an employee with disabilities when conducting a performance review or during career develop by providing accommodations to successfully develop skills or take on new responsibilities The co-op will tell its employees about policies to support people with disabilities, including changes to policies. The coop could inform employees through newsletters, s, memos, staff meetings or one-on-one conversations CHF Canada Workshop 19

20 Amendments to the AODA January 1, 2018 Do I have to renovate our building? CHF Canada Workshop 20

21 Accessibility Standard for the design of public spaces Accessible parking Exterior paths of travel Service-related elements Outdoor public-use eating areas Maintenance Recreational trails and beach access routes Outdoor play spaces Going-forward CHF Canada Workshop 21

22 Accessible parking Off-street parking includes open area parking lots and structures intended for the temporary parking of vehicles by the public, and includes visitor parking in these lots/structures Service-related elements Accessible waiting areas Accessible service counters CHF Canada Workshop 22

23 Maintenance AODA resources CHF Canada Workshop 23

24 AODA resources Occupational Health and Safety Act Background to Violence and Harassment legislation Changes to OHSA Sept 2016 Resources CHF Canada Workshop 24

25 Occupational Health and Safety Act Background... Bill 168 the Occupational Health & Safety Amendment Act (Violence and Harassment in the Workplace), 2009 came into effect on June 15, 2010 Introduced to enhance protections against workplace violence and harassment Applies to all employers in Ontario All workers staff should enjoy a workplace that is free from violence and harassment CHF Canada Workshop 25

26 The Tragedy of Lori Dupont... Background 23% of Canadians have experience workplace harassment Queens School of Business 28% received unwelcomed sexual advances or requests Angus Reid 2,200 lost time injuries due to assaults, violent acts and harassment WSIB Statistical Supplement CHF Canada Workshop 26

27 Definition of workplace violence Under the Occupational Health and Safety Amendment Act 2009, workplace violence means: The exercise of physical force by a person against a worker, in a workplace, that causes, or could cause, physical injury to the worker, An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. CHF Canada Workshop 27

28 Definition of workplace harassment Under the Occupational Health and Safety Amendment Act 2009, workplace harassment means: Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known, or ought reasonably to be known, to be unwelcome. Definition of worker CHF Canada Workshop 28

29 Bill 132 The Sexual Violence and Harassment Action Plan Act, 2015 Received Royal Assent on March 8, 2016 Amendments to the OHSA come into force on September 8, 2016 Amendments apply to all workplaces of provincially-regulated businesses in Ontario OHSA Amendment Act 2016 Under the Occupational Health and Safety Amendment Act 2016, workplace sexual harassment means: Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. CHF Canada Workshop 29

30 Not workplace harassment CHF Canada Workshop 30

31 Workplace harassment program new requirements... Develop and maintain a written Workplace Harassment Program (the Program ) to implement its Workplace Harassment Policy Review the Program as often as necessary, but at least annually to ensure that it effectively implements the Workplace Harassment Policy... New requirements Alternative reporting procedures for instances in which the alleged harasser is the worker s employer or supervisor How information obtained about the incident or complaint will not be disclosed, unless necessary CHF Canada Workshop 31

32 ... New requirements The process for how the employer will appropriately investigate both incidents and complaints of workplace harassment How the results of the investigation, or any corrective action that will be taken, will be shared with the worker who reported the complaint and the alleged harasser... New requirements CHF Canada Workshop 32

33 Provide workers with information & instruction Provide workers with appropriate instruction and information on the contents of the policy and program Possible options include: Webinar Distribution of written documents regarding the updated policy and program Distribution of the updated policy and program Department meetings Investigations The Bill imposes positive duties on employers to protect workers from workplace harassment Employers must conduct investigations into all incidents and complaints of workplace harassment Inform the parties in writing of the results of the investigation and/or of resulting corrective action Review Program as often as necessary but at least annually CHF Canada Workshop 33

34 New enforcement mechanism Is workplace violence and harassment legislation restricted to employees on co-op property? Yes or No? CHF Canada Workshop 34

35 Abdul is an administrative professional in an office environment. To access the office he needs to swipe his employee card in order for the door to unlock. He does not have any interaction with clients and does not handle large sums of cash. Is this an example of a high risk workplace? Yes or No? Recently, Carla stopped a disagreement between two members, who were yelling and pushing each other. When she went to interject she got pushed and strained her wrist. Is this an example of workplace violence? Yes or No? CHF Canada Workshop 35

36 Henrik has been a co-op member for many years. He has been known to lose his temper by pounding his fist on the desk, yelling threats, and slamming doors. Carol just started at the co-op and is responsible for reception. Should the co-op warn her about Henrik's behaviours? Yes or No? John and Barbara work together at a housing co-op. Barbara is a transgender person and has asked her coworkers to call her Barbara, and to use female pronouns when referring to her. John has refused. He consistently calls Barbara Justin'' and uses derogatory terms, despite being given sensitivity training. Would John's conduct be considered: Harassment Sexual harassment A Human Rights complaint None of the above All of the above CHF Canada Workshop 36

37 Remember If an employee feels they have been harassed by someone, and is unable to stop the harassment by letting them know that the behaviour is unacceptable and unwelcome, the next step is to file a formal complaint To file a formal complaint, it is critical to review the policies and procedures specific to your workplace Your employer has a duty to take complaints seriously, and must investigate any harassment complaints Your employer must also provide written results of the investigation and any corrective actions that are to be taken In Summary CHF Canada Workshop 37

38 OHSA resources Getting workshop materials CHF Canada Website AGM Conference App CHF Canada Workshop 38

39 Time for Evaluation Evaluations on Conference App Paper copies also available in the workshop room! CHF Canada Workshop 39