The Treasury Board and the Public Service Commission are
committed to developing an inclusive, barrier-free work
environment in which all persons have equal access to
opportunities in the federal Public Service, appointments are
based on merit and all employees feel included and valued. This
policy outlines the principal steps necessary to attain the goal
of a representative Public Service that includes persons with
disabilities.
This policy is consistent with fundamental Canadian legal
principles. The Canadian Charter of Rights and Freedoms
guarantees certain democratic rights to all persons and prohibits
discrimination on the basis of physical or mental disability. In
several cases, Canadian courts have emphasized that accommodation
is an essential means of ensuring the equal participation of all
persons in all sectors of Canadian society.
Under the Canadian Human Rights Act, employers must
accommodate individuals and groups of individuals to the point of
undue hardship considering issues of health, safety and cost.
The Employment Equity Act requires the reasonable
accommodation of persons with disabilities and others within the
federal workplace. The Act also requires employers to identify
and remove barriers to the employment of persons in designated
groups.
Under the Employment Equity Act, the Treasury Board and the
Public Service Commission share employer responsibilities to the
extent of their authority under the Financial Administration Act
and the Public Service Employment Act. This policy therefore sets
out the requirements for the Treasury Board, the Public Service
Commission and their delegates.
Annex A provides guidelines to help in the interpretation of
this policy. These guidelines may be updated periodically based
on experience in applying the policy.
This policy becomes effective June 3, 2002. It replaces the
Treasury Board Policy on the Provision of Accommodation to
Employees with Disabilities dated July 1, 1999.
This policy's goal is to ensure the full participation of
persons with disabilities in the federal Public Service whether
as candidates for employment or as employees.
It is the policy of the Treasury Board and the Public Service
Commission to create and maintain an inclusive, barrier-free
environment in the federal Public Service to ensure the full
participation of persons with disabilities. This policy is to be
implemented by:
- identifying and removing barriers to employment, career
development and promotion of persons with disabilities unless
doing so would result in undue hardship
- designing all employment systems, processes and facilities to
be accessible by building accommodation into workplace standards,
systems, processes and facilities and
- accommodating individuals when such barriers cannot be
removed. Such accommodation must be made to the point of undue
hardship taking into consideration issues of health, safety and
cost. Accommodation must also be based on the circumstances of
each case and must respect an individual's right to privacy and
confidentiality.
This policy applies:
- with respect to accommodation within the workplace, to all
departments and agencies and other portions of the Public Service
listed in Part 1 of Schedule 1 of the Public Service Staff
Relations Act for whom the Treasury Board is the employer
and
- with respect to accommodation during staffing processes, to
all departments and agencies and other portions of the Public
Service for which the Public Service Commission has exclusive
authority to appoint persons.
In this policy:
Accommodation/accommodate (adaptation/adapter) -- refers to the
design and adaptation of the work environment to the needs of as
many types of persons as possible and, according to the Supreme
Court of Canada, refers to what is required in the circumstances
of each case to avoid discrimination. Several examples of
accommodation are listed in the guidelines attached to
this policy.
Adaptive technology (technologie d'adaptation) -- consists of
work-related devices or equipment that allow employees with
disabilities to participate as fully as possible in the workplace
and include items such as magnification software and hardware,
voice recognition software and augmentative communication
devices.
Attendant services (services auxiliaires) -- refers to the
provision of services to persons with disabilities who require
assistance with the duties of their position, as well as
assistance with activities of everyday living during the
employees' hours of work.
Barriers (obstacles) -- are physical barriers as well as formal
or informal policies and practices that restrict or exclude
persons in the designated groups from employment opportunities in
the federal Public Service.
Bona fide occupational requirements (exigences
professionnelles justifiées) -- according to the Supreme Court of
Canada, are those requirements that:
- the employer has adopted for a purpose or goal that is
rationally connected to the functions of the position,
- the employer has adopted in good faith, in the belief that
they are necessary to fulfil the purpose or goal and
- are reasonably necessary to accomplish the purpose or goal in
the sense that the employer cannot accommodate persons with the
characteristics of a particular group without incurring undue
hardship.
More information on the application of this definition is
contained in the Guidelines attached to this policy.
Candidates (candidats) -- includes applicants from outside the
federal Public Service, as well as existing employees who are
participating in a staffing process.
Employees (employés) -- includes full-time, part-time, casual,
seasonal, term and indeterminate employees.
Employment and employment-related opportunities (chances
d'emploi et les possibilités liées à l'emploi) -- includes
appointments, promotions, deployments, secondments, assignments,
training and career development opportunities.
Facilities (installations) -- includes premises and
equipment.
Flexible work arrangements (modalités de travail flexibles) -- include but are not limited to telework and compressed work
weeks.
Persons with disabilities (personnes handicapées) -- as defined
by the Employment Equity Act, are persons who have a long-term or
recurring physical, mental, sensory, psychiatric or learning
impairment and who:
- consider themselves disadvantaged in employment by reason of
that impairment or
- believe that an employer or potential employer likely would
consider them disadvantaged in employment by reason of that
impairment.
These would include persons whose functional limitations owing
to their impairment have been accommodated in their current job
or workplace.
For the purpose of this policy, persons with disabilities do
not have to fall strictly within this definition. Examples of
types of disabilities that may require accommodation are listed
in the attached Guidelines.
Staffing and selection processes (processus de dotation et de
sélection) -- include open, closed or without competition staffing
actions that result in a permanent or temporary appointment or
deployment. Staffing and selection processes encompass all
related activities such as establishing qualifications,
advertising, assessment, giving notice that an appointment or
deployment has been made, recourse and disclosure, as well as any
related communications with candidates.
Systems (systèmes) -- includes information systems and
employment systems (such as policies, practices, directives and
guidelines).
Work-related events (activités liées au travail) -- includes
meetings, training programs, conferences, retreats, seminars,
social events and information sessions, whether conducted inside
or outside the workplace.
The Public Service Commission and/or its delegates will:
- ensure that Standards for Selection and Assessment do not
discriminate on any prohibited ground of discrimination,
including disability, unless the requirement is a bona fide
occupational requirement,
- ensure that all employment opportunities are advertised in an
accessible format,
- ensure that assessment methods or tools used in the staffing
process, including tests and interviews, accurately assess the
qualifications required, do not constitute barriers and assess
candidates fairly,
- ensure that the second language evaluations and language
training programs do not contain barriers,
- inform all candidates of this policy and the procedure for
obtaining accommodation during the staffing process,
- inform all candidates, in a timely fashion, of the type or
nature of tests or other evaluation methods that will be used in
the selection process to allow the candidates to make an informed
request for appropriate accommodation,
- if necessary, consult appropriate health care professionals
and others, with the candidate's consent, to determine the
accommodation appropriate to that person,
- respect candidates' right to privacy and confidentiality,
and
- accommodate individual candidates with disabilities up to the
point of undue hardship.
Candidates in a selection process must:
- inform the Public Service Commission or departmental staffing
representative of any accommodation required in a timely fashion
so that appropriate accommodation can be arranged and
- collaborate with departmental representatives in finding the
most appropriate accommodation.
The Treasury Board Secretariat will:
- inform all departments of this policy,
- provide interpretation and guidance to departments with
respect to the requirements of this policy, and
- undertake a comprehensive review of the provisions and
operation of this policy within five years of its coming into
effect.
Deputy heads are responsible for the implementation of this
policy within their departments. They and their delegates
must:
- create and maintain an inclusive, barrier-free work
environment that is accessible,
- inform all employees of this policy and the procedure for
obtaining accommodation,
- ensure that employment opportunities are advertised in an
accessible format,
- ensure that all managers within the department abide by this
policy,
- make available the resources necessary for implementing this
policy,
- examine all systems to identify any barriers to employees
with disabilities, and remove those barriers,
- when barriers cannot be removed, accommodate individual
employees with disabilities up to the point of undue
hardship,
- consult employees with disabilities, including employees with
learning disabilities, with respect to:
- any design, changes or upgrades to physical structures, new
or existing systems or equipment so that the workplace is
accessible to employees with disabilities, and
- the planning and design of work-related events and
conferences so that all events and opportunities are accessible
to employees with disabilities,
- provide training to employees with disabilities on the use of
any new or upgraded equipment or systems,
- ensure that employees with disabilities are provided with
information in a timely fashion and a usable format,
- after general barriers have been removed and general
accommodation measures have been put in place, proceed with
individual accommodation requests of persons with disabilities
by:
- consulting with the employee to identify the nature of the
accommodation,
- if necessary, consulting appropriate medical and
rehabilitation advisors and others, with the employee's consent,
to determine the accommodation appropriate to that person
and
- accommodating the employee,
- consult and collaborate with bargaining agents or other
employee representatives where accommodation affects other
employees or where the employee being accommodated requests that
the bargaining agents or other employee representatives be
consulted,
- provide and pay for technical aids, equipment and services
for employees with disabilities as well as repairs to such aids
and equipment,
- respect individuals' right to privacy and confidentiality
and
- allow employees with disabilities to retain technical aids,
equipment and support materials should they move to another
position within the federal Public Service and accommodation is
still required.
Employees must:
- inform their supervisors of their employment-related
needs,
- collaborate with the department or its representatives in
finding the most appropriate means to accommodate their
employment-related needs, and
- notify the department when attendant or other services,
technical aids or equipment are no longer needed, and return the
equipment.
The Treasury Board Secretariat will assess and evaluate the
effectiveness and implementation of this policy in accordance
with the Policy on Active Monitoring.
The Public Service Commission will also monitor the
application of this policy as part of its overall active
monitoring of the federal Public Service staffing system.
Departments and agencies will provide early notice to the
Treasury Board Secretariat and/or the Public Service Commission
of significant issues arising from the implementation of this
policy.
Access to Information Act
Canada Labour Code, Part II
Canadian Charter of Rights and Freedoms
Canadian Human Rights Act
Employment Equity Act and Regulations
Financial Administration Act
Official Languages Act
Privacy Act
Public Service Employment Act and Regulations
Public Service Staff Relations Act
Communications Policy
Disability Insurance Plan for Public Service Employees
Personnel Psychology Centre Guidelines for Assessment of Persons
with Disabilities
Policy on Alternate Formats
Policy on Language Training
Policy on the Disposal of Surplus Moveable Crown Assets
Policy on the Staffing of Bilingual Positions
Public Service Commission's Standards for Selection and
Assessment
Public Service Management Insurance Plan (Long-Term
Disability)
Real Property Accessibility Policy
Enquiries should be directed to human resource or employment
equity personnel in your department or agency. They may review
questions of policy interpretation or clarification with the
Employment Equity Division of the Treasury Board of Canada
Secretariat or with the Public Service Commission.
Information may also be obtained from the Treasury Board
Secretariat Employment Equity Division's Web site at the
following address: http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TB_852/ee_e.asp
or from the PSC Web site at http://www.psc-cfp.gc.ca
These guidelines are not intended to be exhaustive, but offer
some suggestions on how to interpret and implement
this policy.
As stated in the preamble, the Treasury Board and the Public
Service Commission are committed to an inclusive and barrier-free
work environment in which all persons have equal access to
opportunities in the federal Public Service and appointments are
based on merit. Creating such a work environment requires that
differences are accommodated before the merit assessment is
undertaken and that assessment and evaluation tools are inclusive
and barrier-free.
According to the Supreme Court of Canada, barriers to
participation for persons with disabilities must be eliminated
from policies, rules, standards and practices at the design
stage. Employers cannot rely on accommodating individuals after
the fact but must build accommodation into their policies or
practices, as far as possible, to the point of undue hardship. If
provision for accommodation has not been incorporated into the
policy or standard then the policy or standard is not a bona fide
occupational requirement.
The corporate culture of a department or agency can ensure
that persons with disabilities feel welcome in that environment.
Training should be made available to managers and others, such as
selection board members, on the duty to accommodate.
The accommodation process should be as uncomplicated as
possible and should respect the dignity and privacy of the person
being accommodated. This can be accomplished if, at the time any
person applies for a position, he or she is asked whether or not
accommodation is required. The inquiry should be made again at
the time of appointment or at the beginning of any other staffing
process.
Under certain circumstances, employers may be required to
offer accommodation to an employee even though the employee has
not requested accommodation. Such situations should be handled
with the utmost consideration for the privacy and dignity of the
employee and managers may wish to obtain confidential, expert
advice from within their departments or from the Treasury Board
Secretariat or the Public Service Commission before
proceeding.
A request for accommodation need not be in writing, but should
be communicated as clearly and specifically as possible. The
person to whom the request has been directed should do the
following.
- Determine the type of accommodation required, based on
information provided by the candidate or employee.
- If the candidate or employee does not know what type of
accommodation is required, consult experts in the field to
determine the appropriate accommodation. This could include the
person's own physician, psychologist or centres of expertise
within the Public Service Commission or the accommodating
department.
- Provide the accommodation based on the request of the person
being accommodated, or, if necessary, on the advice of
experts.
Persons requesting accommodation may be asked to provide
documentation from a qualified health care professional to
clarify the limitations caused by the disability and/or the type
of accommodation that would be most effective. Any medical
records provided should be kept strictly confidential and
separate from personnel files. Requests for this type of
information should come from personnel designated to deal with
accommodation requests and trained to handle potentially
sensitive medical information.
Departments and agencies are expected to integrate into their
budgets and financial planning exercises the resources necessary
to accommodate their employees. When considering cost, it should
be kept in mind that in many cases the cost will be amortized
over the employee's entire career. Also, there are many payment
options available, include leasing, for any necessary
equipment.
Departments and agencies should develop their own internal
procedures for dealing with accommodation requests, including
mechanisms for resolving situations where accommodation is
denied. All candidates and employees should be advised of such
procedures.
Persons who are denied accommodation may also wish to use the
recourse mechanisms set out in the Public Service Employment Act,
or contact the Canadian Human Rights Commission.
To implement employment equity, the federal Public Service
encourages and promotes members of designated groups to identify
themselves. However, an employee does not have to self-identify
as a person with a disability in order to be accommodated or to
have accommodation offered to him or her. The self-identification
process is voluntary and the information obtained from it is
confidential. No one can be forced to self-identify to receive
accommodation or after he or she has been accommodated.
Although this policy applies only to employees of, and
candidates for positions in, the federal Public Service, managers
and others are expected to abide by the spirit of the policy when
dealing with other persons who work for the federal Public
Service, such as students and locally engaged staff.
Determining what is a disability depends on the circumstances
of each case. The following have been found to be
disabilities:
- blindness or other severe visual impairment
- deafness or other severe hearing impairment
- mobility impairment
- chronic pain
- environmental sensitivities
- addictions
- learning disabilities
- speech impairment
- chronic conditions, such as diabetes
- psychiatric disabilities
- developmental disabilities
- other permanent or temporary conditions that cause pain or
limit or restrict activities
During the selection process, a person's qualifications must
be assessed after the person has been accommodated. Types of
accommodation during the selection process may include, but are
not limited to:
- providing information about the position in multiple formats
for candidates who are blind or visually impaired,
- ensuring that applicants who are deaf or hearing impaired can
make inquiries via a TTY number or fax,
- allowing extra time, where appropriate, for tests or exams
and
- ensuring that the interview site is physically
accessible.
Types of accommodation in the workplace may include, but are
not limited to:
- attendant services,
- adaptive technology,
- changes to work sites,
- flexible work arrangements, including but not limited to
telework, task modifications or other alternative work
arrangements,
- converting printed matter to alternative media and reader
services for employees who are blind,
- providing work space and furnishings appropriate to the
nature of the disability,
- providing interpreters for deaf and hearing-impaired
employees and
- adapting training programs to the needs of employees with
disabilities, including those with learning disabilities.
Alternate formats can include:
- braille documents
- large print documents
- electronic versions of documents
Attendant and other services
The contracting department should refer to the standard
clauses established by Public Works and Government Services
Canada for inclusion in contracts for attendant and other
services.
Travel status
When employees with disabilities are on travel status and
suitable attendant services cannot be provided, or the services
of a travel companion are required, a separate contract may be
necessary and the service shall be provided at the department's
expense.
Parking requirements
Departments and agencies are responsible for setting parking
rates for government-owned or leased parking lots. Departments
should determine whether it is appropriate to charge parking fees
to employees with a disability who are unable to use public
transit, and, if so, what those fees should be.
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