Chapter 1: Sign Language Interpreter Services Policy Guidelines

Manual 1: Agencies, Boards and Commissions' Policy

Nova Scotia Department of Agriculture and Marketing

Approval Date:
Approved By:
Effective Date:

I   POLICY STATEMENT

The Nova Scotia Department of Agriculture and Fisheries is committed to ensuring that persons who are Deaf and hard of hearing benefit equally from services offered to the general public and will make reasonable accommodation for the provision of interpreter services.

II   DEFINITIONS

Interpreter services may be provided to persons who are Deaf and hard of hearing through a variety of mediums and these are outlined in the attached Appendix.

III   POLICY OBJECTIVE

The purpose of the policy is to ensure reasonable steps are taken to provide services to persons who are Deaf and hard of hearing in a fair and non discriminatory manner through the provision of interpreter services.

IV   APPLICATION

This policy applies to all services provided by any agencies, boards or commissions reporting to the Minister of Agriculture and Fisheries.

V   POLICY DIRECTIVES

Any agency, board or commission reporting to the Minister of Agriculture and Fisheries will make reasonable accommodation for the provision of interpreter services to ensure effective communication in the delivery of services to persons who are Deaf and hard of hearing.

To ensure effective communication in the delivery of agency, board or commission services to persons who are Deaf and hard of hearing, consideration will be given to factors such as:

(a) the complexity and importance of information to be communicated

(b) the context in which the communication takes place.

VI   POLICY GUIDELINES

Agencies, boards and commissions are in a position to make decisions regarding the rights of persons who are Deaf and hard of hearing, and the complexity and importance of the information is of a high level and often takes place in a formal context. The Supreme Court of Canada, in the decision of Eldridge v. Province of British Columbia, has ruled that the province must make reasonable accommodation for the provision of interpreter services to facilitate effective communication. To deny this right or to fail to make reasonable accommodation could result in an appeal. It is important that appropriate guidelines exist to protect the person who is Deaf or hard of hearing, as well as the board member who is conducting the proceeding. Often the person who is Deaf or hard of hearing will be represented by counsel and assisted by an interpreter. In other cases, there may be only an interpreter. The following guidelines apply to the provision of services:

1. Every board member will ensure that a person who is Deaf or hard of hearing has an interpreter to assist with understanding the nature of the proceedings.
2. Adequate time must be allocated to the hearing or appeal to ensure that the person can understand and assimilate the information being translated.
3. Appropriate breaks and rest periods should be granted to interpreters.
4. The board member must feel confident of the interpreter's skills with respect to legal language and technical terms that arise during the hearing. Every effort should be made to simplify legal and technical terms. If the board member is concerned that the interpreter does not have the requisite skills, the board member may adjourn the hearing to seek legal advice, or use the computerized note taking techniques listed below. The process of translation can be tiring for the person who is Deaf or hard of hearing and the interpreter; allowing adequate time for the process and using various translation techniques can be important factors in providing effective communications.
5. The board member shall prepare decisions, orders and agreements in written format that can be easily read or interpreted for the person who is Deaf or hard of hearing.
6. Any cost of interpretive services are paid for by the agency, board or commission. Legal services are the responsibility of the person who is Deaf or hard of hearing, or may be provided by legal aid.

VII   ACCOUNTABILITY

Members of agencies, boards and commissions are responsible for ensuring compliance with the policy guidelines and the intent contained in the Sign Language Interpreter Services Policy for Deaf and Hard of Hearing Nova Scotians.

VIII   MONITORING

The Nova Scotia Department of Agriculture and Fisheries shall review the Interpreter Services Policy of Agencies, Boards or Commissions on a periodic basis to ensure compliance with the Sign Language Interpreter Services Policy for Deaf and Hard of Hearing Nova Scotians.

IX   REFERENCES

Government of Nova Scotia Affirmative Action Policy

Government of Nova Scotia Fair Hiring Policy

Nova Scotia Human Rights Act

Interpreter Services Policy for Deaf and Hard of Hearing Nova Scotians

APPENDIX

DEFINITIONS

The following definitions are provided for the understanding and proper implementation of this policy:

"American Sign Language (ASL)" a visual gestural language with its own linguistic structure and grammar; the language used by most Deaf people in the US and Canada.

"Computerized Note Taking" one form of technical assistance provided to persons who are hard of hearing or late Deafened. Computer note takers are commonly used in large group or educational settings. A hearing person sits beside the hard of hearing or late Deafened person and types information verbatim into a laptop computer. The user of this service reads the screen and is able to more fully participate. When a group is relying on this service, information can be projected onto an overhead screen for all to view simultaneously.

"Deaf" the capital "D" Deaf has emerged as the name preferred by people who identify with and belong to a group with culture distinct from that of non Deaf people. Like any cultural group, Deaf people have a language and set of social norms, behaviours and folklore which reflect the values of their group.

"deaf" written with a small "d" is becoming more accepted as a reference to a hearing deficit only and detached from any discussion of culture and/or language. One term represents a social/cultural perspective and the other a medical/pathological view.

"Deaf-Blind" describes a person who is unable to hear and see. However, very few Deaf-blind people are both profoundly Deaf and totally blind.

"Hard of hearing" a person who is unable to follow a conversation between three or more people without the assistance of a hearing aid.

"Hearing impaired" a diagnosed auditory deficit ranging from mild to profound that may or may not respond to medical intervention or amplification and that results in functional limitations in one or more areas of daily living.

"Interpretation" the process of changing a message from one language to another; conveying all essential elements of meaning and maintaining dynamic equivalence.

"Translation" the process of changing a message in a "frozen form" (written, videotaped, audiotaped, etc) of one language to a "frozen form" of another language.

"Intervenor" a person who provides interpretation, orientation and mobility services to a person who is Deaf-Blind.

"Late Deafened" describes a person who becomes Deaf later in life due to illness, accident, disease or normal process of aging.