Notice of Accessibility -
Canada

INTENT

This policy applies to the provision of accessibility standards for each of information and communications, employment, services for persons with disabilities:

• Web Accessibility in accordance with Web Content Accessibility Guidelines (WCAG), and The international Web Accessibility Initiative (WAI) and legislation in a Province (e.g. AODA and IASR);
• Ontario, in accordance with O. Reg. 191/11 Integrated Accessibility Standards (IASR) under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA); 
• British Columbia*, in accordance with the Accessible British Columbia Act and its regulations upon application to the private sector (see below);
• Manitoba**, in accordance with the Accessibility for Manitobans Act (AMA) and the Accessible Information and Communication Standard Regulation (AICSR)

*The British Columbia government has introduced regulations under its Act, which will lead to the creation of accessibility standards in the public sector.  At such time as BC introduces accessibility regulations for the private sector, this Policy will be revised to the extent that it does not meet those standards.  The BC government has not provided a timeline for such regulations under the Act.  

**Manitoba, under the AMA, introduced regulations applicable to the private sector and accessibility standards for employees and workplace accommodations.  If you have questions on employment related matters in Manitoba and the AMA, you may contact us at 1-877-466-9437.   Effective May 1, 2025, private sector businesses in Manitoba will be required to meet additional standards respecting communications.  This Policy addresses those requirements and will be updated to the extent any further standards or requirements are implemented.  Please see General Requirements and the Web Accessibility.  

If and when other provinces introduce accessibility legislation applicable to private sector businesses, this Policy will be reviewed and updated, as needed, at that time. 

General Requirements

The following general requirements apply to the five standards: information and communications, employment, transportation, design of public spaces, and customer service. 

Establishment of Accessibility Policies and Plans 

Moxie’s Restaurants, Limited Partnership, its related entities, subsidiaries, and franchisees (collectively “Moxies”) in relation to its website, online marketplace and other online offerings will develop, implement, and maintain policies governing how it will achieve accessibility through these requirements. 

Moxies will include a statement of its commitment to meeting the accessibility needs of persons with disabilities in a timely manner in its policies. These documents will be made publicly available in an accessible format upon request. 

Moxies will establish, implement, maintain, and document a multi-year accessibility plan outlining its strategy to prevent and remove barriers and meet its requirements under the IASR. Accessibility plans will be made available in an accessible format upon request and will be posted on our website. 

Moxies will review and update its accessibility plan once every five years and will establish, review, and update our accessibility plans in consultation with persons with disabilities or an advisory committee. Annual status reports will be prepared that will report on the progress of the steps taken to implement Moxies’ accessibility plan. This status report will be posted on our website. If requested, the report will be created in an accessible format. 

Procuring or Acquiring Goods and Services, or Facilities 

Moxies will incorporate accessibility criteria and features when procuring or acquiring goods, services, or facilities. The only exception is in cases where it is impracticable to do so. 

Training Requirements 

Moxies will provide training on the IASR accessibility requirements including requirements stated within the Ontario’s Human Rights Code as they pertain to individuals with disabilities. This applies to all employees, individuals who participate in developing Moxies’ policies, and all other persons who provide goods, services, or facilities on Moxies’ behalf. Training will be provided as soon as is reasonably practicable, but no later than 90 days after hire. Training will be provided regularly to new employees and as changes to Moxies’ accessibility policies occur. 

Records

Moxies will maintain records on the training provided, when it was provided, and the number of employees who were trained. 

Feedback Process 

Moxies will ensure that all feedback processes, both internal and external, are made accessible to clients, customers, and employees upon request. 

In accordance with the customer service standards, MOXIES will make known the availability of accessible feedback formats. 

Accessible Formats and Communication Supports 

Unless deemed unconvertible, Moxies will provide or arrange for the provision of accessible formats and communication supports for persons with disabilities upon request. Accessible formats and communication supports will be provided in a timely manner and at no additional cost to the individual. 

Moxies will account for the person’s accessibility needs when customizing individual requests and will consult with the individual making the request to ensure suitability. 

Moxies will make the availability of accessible formats and communication supports publicly known. 

Emergency Procedures, Plans or Public Safety Information 

Moxies will ensure that all publicly available safety and emergency information, such as evacuation procedures and floor plans, are provided in an accessible format or with appropriate communication supports upon request. 

Unconvertible Information or Communications 

If it is determined in consultation with the requesting party that information or communications are unconvertible, Moxies will ensure that the individual who made the request is provided with an explanation and a summary of the information. 

Moxies will classify information or communications as unconvertible where: 

• It is not technically practicable to convert; or 
• The technology required to make the conversion is not readily available. 

WEBSITE ACCESSIBILITY

In addition to the General Requirements, in respect to Website Accessibility:

Definitions:  

The international Web Accessibility Initiative (WAI) defines Web accessibility as follows: 

“Web accessibility means that websites, tools, and technologies are designed and developed so that people with disabilities can use them. More specifically, people can: perceive, understand, navigate and interact with the Web, and contribute to the Web. Web accessibility also benefits people without disabilities, for example older people with changing abilities due to ageing. Web accessibility encompasses all disabilities that affect access to the Web, including: visual, auditory, physical, speech, cognitive and neurological disabilities.” 

Accessible formats: Include but are not limited to large print, recorded audio and electronic formats, braille, and other formats usable by persons with disabilities. 

Communication supports: Include but are not limited to captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications. 

Conversion-ready: An electronic or digital format that facilitates conversion into an acceptable format. 

Kiosk: An interactive electronic terminal, including a point-of-sale device, for public use that allows users to access one or more services or products. 

Accessible Websites and Web Content 

Moxies will ensure that our website and web content conform to the Web Content Accessibility Guidelines (WCAG), including (Ontario specific) as outlined in the IASR and will refer to the legislation for specific compliance deadlines and requirements. 

Exceptions 

The Information and Communications Standards do not apply to: 

• Products and product labels; 
• Unconvertible information or communications; or 
• Information that the organization does not control either directly or indirectly through a contractual relationship. 

CUSTOMER SERVICE STANDARDS 

NOTE – At the time of publishing this policy (August 11 2022), standards of accessibility in respect to customer service have only been enacted in Ontario under the AODA and the IASR. 

In addition to the General Requirements, in respect to customer service standards: 

Scope

This Policy applies to the provision of goods and services at restaurants owned and operated by Moxie’s Restaurants, Limited Partnership, its subsidiaries and related entities, and is incorporated in its Operations Manual provided to its franchisees (collectively “Moxies”). This Policy applies to employees that act on behalf of Moxies, including when providing goods and services off the premises of Moxies.  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 restaurants owned and operated by Moxie’s Restaurants, Limited Partnership.  

This Policy shall also apply to all persons who participate in the development of Moxie’s Restaurants, Limited Partnership’s policies, practices and procedures (including those developed or implemented by franchisees at their restaurant(s)) governing the provision of goods and services to members of the public or third parties.

For clarity, a franchisee is responsible for ensuring its location, employees and invitees comply with:  in the Province of Ontario, Ontarians with Disabilities Act (Ontario) and the Human Rights Code (ON); in the Province of British Columbia, the Accessible British Columbia Act (upon introduction of private sector regulations) and the Human Rights Code (BC); in the Province of Manitoba, the Accessibility for Manitobans Act (upon the dates specified in the regulations) and The Human Rights Code (MB); and, in all other provinces such legislation as may be introduce in respect to Accessibility and each provinces respective Human Rights legislation. 

While Moxie’s Restaurants, Limited Partnership’s franchisees are obligated under their franchise agreement to adhere to and comply with the laws of the jurisdiction in which their franchise business is located, adherence and compliance is the sole responsibility of the franchisee.   

Definitions (in accordance with the AODA/IASR):

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 customers 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 – Ontario:  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.

Guide Dog is a highly-trained working dog that has been trained at one of the facilities listed in Ontario Regulation 58 under the Blind Persons’ Rights Act (section 1), to provide mobility, safety and increased independence for people who are blind.

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

• 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 a vest or harness worn by the animal; or
• if the person provides documentation form a listed regulated health professional confirming that the person requires the animal for reasons relating to the disability (section 4(b) of Ontario Regulation 191-11)  

Support Person, is defined in section 80.45 of Ontario Regulation 191-11, 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.

Principles of Policies

Moxies shall use reasonable efforts to ensure that its policies in respect to customer service are consistent with the following principles in respect to the provision of goods, services and facilities: (a) in a manner that respects the dignity and independence of persons with disabilities; (b) integrated with the provision of goods, services or facilities to others, unless an alternative measure is necessary, whether temporarily or on a permanent basis, to enable a person with a disability to obtain, use or benefit from the goods, services or facilities; (c) equal opportunity to that given to others to obtain, use and benefit from the goods, services or facilities; and (d) when communicating with a person with a disability, do so in a  manner that takes into account the person’s disability.  

Moxies policies will address the use of assistive devises by persons with disabilities to obtain, use or benefit from the goods, service or facilities or with the availability of other measures, if any, which enable them to do so.

Use of Service Animals and Support Persons

If a person with a disability is accompanied by a guide dog or other service animal, Moxies will ensure that the person is permitted onto the premises with the animal and be allowed to keep the animal with the person, unless the animal is otherwise excluded by law.  If excluded by law, Moxies will ensure that other measures are available to enable such person to obtain, use or benefit from Moxies’ goods, services or facilities.

If a person with a disability is accompanied by a support person, Moxies will ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises.

Moxies may require a person with a disability to be accompanied by a support person when on the premises but only after consultation with the person with the disability and considering available evidence Moxies determines that a support person is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises and there is no other reasonable way to provide such protection.

Training about the Provision of Moxies’ Goods, Services or Facilities

In addition to the training specified in the General Requirements, Moxies will provide the following training to (a) every person who is an employee of, or volunteer with, Moxies; (b) every person who provides goods, services or facilities on behalf of Moxies.  Franchisees shall be responsible for providing training and ensuring all the aforementioned persons at their locations are so trained. Training shall take within 90 days of hiring.

Training will include:

• How to interact and communicate with persons with various types of disabilities;
• How to interact with persons who use an assistive device ore require the assistance of a guide dog or other service animal or the assistance of a support person;
• How to use equipment or devices available on the premises or otherwise provided by Moxies that may help with the provision of goods, services of facilities to a person with a disability;
• What to do if a person with a particular type of disability is having difficulty accessing Moxies’ goods, services or facilities.

Moxies, and its franchisees for their locations, shall keep records of the training provided including the dates on which the training is provided and the number of individuals to whom it is provided.

Moxies will document its training policy, along with summarizing the content of the training and specifying when the training is to be provided.  Upon the request of any person, Moxies will provide a copy of such document.  Further, Moxies will notify persons to whom it provides goods, services or facilities that the document is available upon request. Notification will be by posting the information at a conspicuous place on premises or by such other method as is reasonable. 

REVIEW

This policy will be reviewed regularly to ensure that it reflects Moxies’ current practices and legislative requirements. This policy was last updated August 11 2022. 

If you have difficulty using our website or encounter any accessibility issues you would like to report, Moxies would appreciate your feedback. Please help us resolve any issues quickly by:

For web accessibility issues –  specify the web page and the details where an issue has occurred. We will review and we’ll do our best to improve the page accessibility.  Please complete the response form at www.moxies.com/contact or email legal@moxies.com. 

For customer service issues – please reach out to us through our hotline including the location, date and any other details regarding the issue. 1-877-466-9437