- (a) includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and
- (b) does not include as defined in subsection 2(1) of the Broadcasting Act or as defined in subsection 2(1) of the Telecommunications Act .
Marginal note: Interpretation
5.2 Nothing in this Act, including its purpose of the realization of a Canada without barriers, should be construed as requiring or authorizing any delay in the removal of barriers or the implementation of measures to prevent new barriers as soon as is reasonably possible.
Principles
Marginal note: Principles
6 This Act is to be carried out in recognition of, and in accordance with, the following principles:
- (a) all persons must be treated with dignity regardless of their disabilities;
- (b) all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities;
- (c) all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities;
- (d) all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities;
- (e) laws, policies, programs, services and structures must take into account the disabilities of persons, the different ways that persons interact with their environments and the multiple and intersecting forms of marginalization and discrimination faced by persons;
- (f) persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures; and
- (g) the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities.
Application
Marginal note: Application
- 7 (1) This Act applies to the following entities and persons:
- (a) each entity named or set out in any of Schedules I to V to the Financial Administration Act ;
- (b) each , as defined in subsection 83(1) of the Financial Administration Act that is not referred to in Schedule III to that Act;
- (c) every portion of the federal public administration that is designated under subsection (3);
- (d) the Canadian Forces;
- (e) any person, partnership or unincorporated organization that operates a work or carries on an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; and
- (f) any entity or person — including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor — that acts in the name of, or for the benefit of, any entity or person in the operation of a work or carrying on of an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut.
Marginal note: Non-application
8 Nothing in this Act applies to the Yukon Government, the Government of the Northwest Territories or the Government of Nunavut or a corporation established to perform any function or duty on behalf of any of those Governments.
Marginal note: Canadian Forces
9 Nothing in this Act is to be construed as affecting the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.
Marginal note: Royal Canadian Mounted Police
10 Nothing in this Act is to be construed as affecting the principle that certain physical and other qualifications are necessary for appointment under the Royal Canadian Mounted Police Act or to prevent the establishment of requirements that are necessary to carry out functions and duties within the Royal Canadian Mounted Police.
PART 1 Minister’s Powers, Duties and Functions
Marginal note: Mandate
- 11 (1) The Minister’s mandate is the realization of a Canada without barriers on or before January 1, 2040.
- Marginal note: Powers (2) In carrying out his or her mandate, the Minister may, among other things,
- (a) provide information, advice and assistance in relation to matters relating to accessibility; and
- (b) promote, support and conduct research into the identification and removal of barriers and the prevention of new barriers.
Marginal note: Minister’s powers, duties and functions
12 The Minister’s powers, duties and functions extend to and include all matters relating to accessibility over which Parliament has jurisdiction and that are not by law assigned to any other Minister or to any department, board or agency of the Government of Canada.
Marginal note: Policies, programs and projects
13 The Minister may initiate, recommend, implement and promote policies, programs and projects in relation to matters relating to accessibility.
Marginal note: Grants and contributions
14 The Minister may make grants and contributions in support of the Minister’s programs and projects in relation to matters relating to accessibility.
Marginal note: Information
15 Subject to the Statistics Act , the Minister may collect, analyse, interpret, publish and distribute information in relation to matters relating to accessibility.
Marginal note: Coordination with provincial and territorial authorities
16 The Minister must make every reasonable effort to collaborate with provincial or territorial authorities with a view to coordinating efforts in relation to matters relating to accessibility.
PART 2 Canadian Accessibility Standards Development Organization
Establishment
Marginal note: Canadian Accessibility Standards Development Organization
- 17 (1) A corporation is established to be known as the Canadian Accessibility Standards Development Organization.
- Marginal note: Agent of Her Majesty (2) The Standards Organization is an agent of Her Majesty in right of Canada.
- Marginal note: Head office (3) The head office of the Standards Organization is to be at a place in Canada that is designated by the Governor in Council.
Mandate
Marginal note: Mandate
18 The Standards Organization’s mandate is to contribute to the realization of a Canada without barriers, on or before January 1, 2040, through, among other things,
- (a) the development and revision of accessibility standards;
- (b) the recommendation of accessibility standards to the Minister;
- (c) the provision of information, products and services in relation to the accessibility standards that it has developed or revised;
- (d) the promotion, support and conduct of research into the identification and removal of barriers and the prevention of new barriers; and
- (e) the dissemination of information, including information about best practices, in relation to the identification and removal of barriers and the prevention of new barriers.
Powers
Marginal note: Powers
19 The Standards Organization, in carrying out its mandate, may
- (a) enter into contracts, agreements or other arrangements with any person or entity, including any government, in the name of Her Majesty in right of Canada or in its own name;
- (b) make grants and contributions;
- (c) establish and register its own marks under the Trademarks Act and authorize and regulate their use subject to that Act;
- (d) license, sell or otherwise make available any patent, copyright, industrial design, trademark or other similar property right that it holds, controls or administers;
- (e) charge a fee for any accessibility standard that it develops or revises and any information, product or service that it provides under this Act;
- (f) spend any money that it receives through its activities, in the fiscal year in which the money is received or in the subsequent fiscal year;
- (g) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and
- (h) undertake any other activities that it considers conducive to the furtherance of its mandate and the exercise of its powers.
- 2019, c. 10, s. 19
- 2019, c. 10, s. 205(E)
Marginal note: Other powers
20 The Standards Organization may develop accessibility standards for — or provide any information, product or service related to accessibility standards to — any person or entity, including any government in Canada or elsewhere.
Minister
Marginal note: Ministerial directions
- 21 (1) The Minister may issue general directions to the Standards Organization respecting the carrying out of its mandate.
- Marginal note: Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to directions issued under subsection (1).
Board of Directors
Marginal note: Establishment and composition
22 The Standards Organization is to have a board of directors consisting of not more than 11 directors, including a Chair and a Vice-Chair.
Marginal note: Appointment and tenure
- 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term of not more than four years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.
- Marginal note: Appointment considerations (2) The appointment of directors is to be made having regard to the following considerations:
- (a) that at all times, as far as possible, the majority of the directors are persons with disabilities;
- (b) the importance of having directors that are representative of the diversity of Canadian society; and
- (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.
- (a) is not a Canadian citizen or a within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;
- (b) is a member of the Senate or House of Commons or a member of a provincial or territorial legislature; or
- (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.
Marginal note: Remuneration and expenses
24 A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.
Marginal note: Benefits
25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act .
Marginal note: Role of board of directors
26 The board of directors is responsible for
- (a) setting the strategic direction for the Standards Organization;
- (b) supervising and managing the Standards Organization’s activities and affairs; and
- (c) advising the Chief Executive Officer on matters relating to the Standards Organization’s mandate.
Marginal note: By-laws
- 27 (1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs.
- Marginal note: Copy to Minister (2) The board of directors must send a copy of every by-law to the Minister.
Marginal note: Advisory and other committees
28 The board of directors may, in accordance with the by-laws, appoint advisory or other committees.
Chair
Marginal note: Role of Chair
- 29 (1) The Chair presides over meetings of the board of directors and performs any other duties that are assigned by the board.
- Marginal note: Absence or incapacity of Chair (2) In the event of the absence or incapacity of the Chair, or a vacancy in that office, the Vice-Chair acts as Chair.
- Marginal note: Absence or incapacity of Chair and Vice-Chair (3) In the event of the absence or incapacity of the Chair and the Vice-Chair or a vacancy in both those offices, the Minister may authorize another director to act as Chair, but no director so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Chief Executive Officer
Marginal note: Appointment
- 30 (1) The Chief Executive Officer of the Standards Organization is to be appointed by the Governor in Council to hold office on a full-time basis during pleasure for a term of up to five years.
- Marginal note: Reappointment (2) The Chief Executive Officer is eligible for reappointment.
- Marginal note: Remuneration and expenses (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act.
- Marginal note: Benefits (4) The Chief Executive Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act .
Marginal note: Role of Chief Executive Officer
- 31 (1) The Chief Executive Officer is responsible for the Standards Organization’s day-to-day operations.
- Marginal note: Rank of deputy head (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.
- Marginal note: Absence or incapacity of Chief Executive Officer (3) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Marginal note: Committees
- 32 (1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards.
- Marginal note: Public notice (2) As soon as feasible after establishing a committee, the Chief Executive Officer must make the committee’s terms of reference and the names of its members available to the public.
Human Resources
Marginal note: Officers and employees
33 Officers and employees necessary for the proper conduct of the work of the Standards Organization are to be appointed in accordance with the Public Service Employment Act .
General
Marginal note: Recommended standards to be made public
34 The Standards Organization must make available to the public every accessibility standard that it recommends to the Minister under paragraph 18(b).
Marginal note: Inventions
35 Despite section 9 of the Public Servants Inventions Act , the administration and control of any invention made by an employee of the Standards Organization and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Standards Organization.
Annual Report
Marginal note: Duty to submit
- 36 (1) The Standards Organization must, within three months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister.
- Marginal note: Tabling (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.
PART 3 Accessibility Commissioner
Marginal note: Provision of information or advice
37 The Accessibility Commissioner may provide information or advice to the Minister in respect of issues arising from the administration and enforcement of this Act.
Marginal note: Special report
- 38 (1) The Accessibility Commissioner may report in writing to the Minister in respect of issues arising from the administration and enforcement of this Act.
- Marginal note: Publication (2) The Accessibility Commissioner may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.
Marginal note: Annual report
- 39 (1) The Accessibility Commissioner must, within three months after the end of each fiscal year, submit a report on his or her activities under this Act during that year to the Minister and provide the Minister of Justice with a copy of the report.
- Marginal note: Contents (2) The report must include
- (a) information about the following in respect of the fiscal year, including their number:
- (i) inspections conducted under section 73,
- (ii) orders made under section 74,
- (iii) orders made under section 75,
- (iv) notices of violation issued under section 79, and
- (v) complaints filed under subsection 94(1);
Marginal note: Delegation to any person
- 40 (1) Subject to subsection (2), the Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 37 to 39, 76, 82, 84, 93, 95 to 103 and 110 and subsections 140(5), (7) and (8) and the power to delegate under this subsection and subsection (2) — to any person, other than the Chief Commissioner of the Canadian Human Rights Commission.
- Marginal note: Delegation to member or staff of Commission (2) The Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under sections 93 and 95 to 103 to another member of the Canadian Human Rights Commission — other than the Chief Commissioner — or to a member of the staff of that Commission.
- Marginal note: Consultation (3) The Accessibility Commissioner must consult with the Chief Commissioner before delegating any power, duty or function to a member of the Canadian Human Rights Commission.
- Marginal note: Certificate of delegation — subsection (1) (4) Each person to whom powers, duties or functions are delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1), the person must, on request, produce the certificate to the occupant or person in charge of the place.
- Marginal note: Certificate of delegation — subsection (2) (5) Each person to whom powers, duties or functions are delegated under subsection (2) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1) or paragraph 98(d), the person must, on request, produce the certificate to the occupant or person in charge of the place.
Marginal note: Immunity
41 No action or other proceeding of a civil nature lies against the Accessibility Commissioner, or any person acting on behalf or under the direction of the Accessibility Commissioner, in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Act.
PART 4 Duties of Regulated Entities
Regulated Entities That Carry On Broadcasting Undertakings
Accessibility Plans — Requirements Under the Broadcasting Act
Marginal note: Initial accessibility plan
- 42 (1) A regulated entity that carries on a broadcasting undertaking must, before the expiry of one year after the day fixed or determined by regulations made under subsection 45(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e), the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e) and, if it is not subject to the Employment Equity Act , employment equity;
- (b) the conditions imposed on the regulated entity under section 9.1 of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers;
- (c) the provisions of any order made under subsection 9(4) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity; and
- (d) the provisions of any regulations made under subsection 10(1) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity.
- 2019, c. 10, s. 42
- 2023, c. 8, s. 46
Feedback
Marginal note: Establishment of process
- 43 (1) A regulated entity referred to in subsection 42(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 44 (1) A regulated entity referred to in subsection 42(1) must prepare and publish, in accordance with this Act and regulations made under subsection 45(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Commission (2) The regulated entity must notify the Canadian Radio-television and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 45(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 45(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations
Marginal note: Regulations
- 45 (1) The Canadian Radio-television and Telecommunications Commission may make regulations
- (a) fixing or determining, for the purposes of subsection 42(1), a day in respect of a regulated entity;
- (b) specifying the form in which accessibility plans required by subsections 42(1) and (2) are to be prepared and the manner in which they are to be published;
- (b.1) respecting the feedback process required by subsection 43(1);
- (c) specifying the form and manner in which descriptions of the feedback process required by subsection 43(1) are to be published;
- (d) specifying the form in which progress reports required by subsection 44(1) are to be prepared and the time and manner in which they are to be published; and
- (e) prescribing anything that is to be prescribed by any of subsections 42(3), (7) and (8), 43(3) and 44(2), (6) and (7).
Exemptions
Marginal note: Power to exempt
- 46 (1) The Canadian Radio-television and Telecommunications Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 42 to 44, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act
Marginal note: Initial accessibility plan
- 47 (1) A regulated entity referred to in subsection 42(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as that paragraph applies in respect of the areas referred to in those paragraphs; and
- (b) the provisions of regulations made under subsection 117(1) that apply to it.
Feedback
Marginal note: Establishment of process
- 48 (1) A regulated entity referred to in subsection 42(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 49 (1) A regulated entity referred to in subsection 42(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions
Marginal note: Power to exempt
- 50 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 47 to 49, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
- Marginal note: Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers
Accessibility Plans — Requirements Under the Telecommunications Act
Marginal note: Initial accessibility plan
- 51 (1) A regulated entity that is a Canadian carrier or a telecommunications service provider must, before the expiry of one year after the day fixed or determined by regulations made under subsection 54(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e) and the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e);
- (b) the conditions imposed under section 24 or 24.1 of the Telecommunications Act to which the regulated entity is subject that relate to the identification and removal of barriers and the prevention of new barriers; and
- (c) the provisions of any regulations made under that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity.
Feedback
Marginal note: Establishment of process
- 52 (1) A regulated entity referred to in subsection 51(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 53 (1) A regulated entity referred to in subsection 51(1) must prepare and publish, in accordance with this Act and regulations made under subsection 54(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Commission (2) The regulated entity must notify the Canadian Radio-television and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 54(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 54(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations
Marginal note: Regulations
- 54 (1) The Canadian Radio-television and Telecommunications Commission may make regulations
- (a) fixing or determining, for the purposes of subsection 5(1), a day in respect of a regulated entity;
- (b) specifying the form in which accessibility plans required by subsections 51(1) and (2) are to be prepared and the manner in which they are to be published;
- (b.1) respecting the feedback process required by subsection 52(1);
- (c) specifying the form and manner in which descriptions of the feedback process required by subsection 52(1) are to be published;
- (d) specifying the form in which progress reports required by subsection 53(1) are to be prepared and the time and manner in which they are to be published; and
- (e) prescribing anything that is to be prescribed by any of subsections 51(3), (7) and (8), 52(3) and 53(2), (6) and (7).
Exemptions
Marginal note: Power to exempt
- 55 (1) The Canadian Radio-television and Telecommunication Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 51 to 53, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act
Marginal note: Initial accessibility plan
- 56 (1) A regulated entity referred to in subsection 51(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs; and
- (b) the provisions of regulations made under subsection 117(1) that apply to it.
Feedback
Marginal note: Establishment of process
- 57 (1) A regulated entity referred to in subsection 51(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 58 (1) A regulated entity referred to in subsection 51(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions
Marginal note: Power to exempt
- 59 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 56 to 58, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
- Marginal note: Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Regulated Entities in the Transportation Network
Accessibility Plans — Regulations Under the Canada Transportation Act
Marginal note: Initial accessibility plan
- 60 (1) A regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act must, before the expiry of one year after the day fixed or determined by regulations made under subsection 63(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 63(1), an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in
- (i) the areas referred to in paragraphs 5(c) and (d) to (f),
- (ii) the built environment, to the extent that the built environment is a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal, and
- (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(c) and (d) to (f) and to the built environment referred to in subparagraph (ii); and
Feedback
Marginal note: Establishment of process
- 61 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 62 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 63(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Agency (2) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 63(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 63(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Regulations
Marginal note: Regulations
- 63 (1) The Canadian Transportation Agency may, with the approval of the Governor in Council given on the recommendation of the Minister of Transport, make regulations
- (a) fixing or determining, for the purposes of subsection 60(1), a day in respect of a regulated entity;
- (b) specifying the form in which accessibility plans required by subsections 60(1) and (2) are to be prepared and the manner in which they are to be published;
- (b.1) respecting the feedback process required by subsection 61(1);
- (c) specifying the form and manner in which descriptions of the feedback process required by subsection 61(1) are to be published;
- (d) specifying the form in which progress reports required by subsection 62(1) are to be prepared and the time and manner in which they are to be published; and
- (e) prescribing anything that is to be prescribed by any of subsections 60(2), (3), (7) and (8), 61(3) and 62(2), (6) and (7).
Exemptions
Marginal note: Power to exempt
- 64 (1) The Canadian Transportation Agency, with the approval of the Minister of Transport, may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 60 to 62, on any terms that the Agency considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Accessibility Plans — Regulations Under This Act
Marginal note: Initial accessibility plan
- 65 (1) A regulated entity referred to in subsection 60(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in
- (i) the areas referred to in paragraphs 5(a) and (g),
- (ii) the built environment, other than passenger aircraft, passenger trains, passenger buses, passenger vessels, aerodrome passenger terminals, railway passenger stations, bus passenger stations or marine passenger terminals, and
- (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(a) and (g) and to the built environment referred to in subparagraph (ii); and
Feedback
Marginal note: Establishment of process
- 66 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 67 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions
Marginal note: Power to exempt
- 68 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 65 to 67, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
- Marginal note: Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
Other Regulated Entities
Accessibility Plans — Regulations Under This Act
Marginal note: Initial accessibility plan
- 69 (1) A regulated entity – other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a) to (g); and
- (b) the provisions of regulations made under subsection 117(1) that apply to it.
Feedback
Marginal note: Establishment of process
- 70 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must establish a process for receiving feedback about the following and for dealing with that feedback:
- (a) the manner in which the regulated entity is implementing its accessibility plan; and
- (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.
Progress Reports
Marginal note: Obligation
- 71 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.
- Marginal note: Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.
- Marginal note: Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.
- Marginal note: Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.
- Marginal note: Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.
- Marginal note: Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.
- Marginal note: Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.
Exemptions
Marginal note: Power to exempt
- 72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 69 to 71, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
- Marginal note: Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).
- Marginal note: Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public.
PART 5 Administration and Enforcement
Inspections
Marginal note: Power to enter
- 73 (1) Subject to subsection (7), the Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), enter any place, including a conveyance, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose.
- Marginal note: Other powers (2) The Accessibility Commissioner may, for that purpose,
- (a) open and examine any receptacle or package found in the place;
- (b) examine anything found in the place;
- (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;
- (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);
- (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;
- (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;
- (g) use or cause to be used any copying equipment at the place to make copies of any document;
- (h) take photographs and make recordings and sketches;
- (i) order the owner or person having possession of any thing to which any provision of regulations made under subsection 117(1) applies that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (k) order any person in that place to establish their identity to the Accessibility Commissioner’s satisfaction, or to the satisfaction of the Accessibility Commissioner’s delegate, as the case may be; and
- (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.
Production Order
Marginal note: Power to order production
- 74 (1) The Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), make an order requiring a regulated entity to produce, at the time and place specified in the order, for examination or copying, any record, report, electronic data or other document that the Accessibility Commissioner has reasonable grounds to believe contains information that is relevant to that purpose.
- Marginal note: Copies (2) The Accessibility Commissioner may
- (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (1); and
- (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output.
Compliance Order
Marginal note: Power to order termination of contravention
- 75 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity is contravening or has contravened any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), he or she may make a compliance order requiring the regulated entity to terminate the contravention within the time specified in the order or to take any step specified in the order, within the time specified in the order, to ensure that the contravention does not continue or reoccur.
- Marginal note: Copy (2) The Accessibility Commissioner must cause the regulated entity to be served with a copy of the order.
Marginal note: Request for review
- 76 (1) Subject to any other provision of this section, an order that is made under section 75 must be reviewed by the Accessibility Commissioner on the written request of the regulated entity to which the order is addressed.
- Marginal note: Contents and time for making request (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.
- Marginal note: Order in effect (3) An order made under section 75 continues to apply during a review unless the Accessibility Commissioner decides otherwise.
- Marginal note: Decision on completion of review (4) On completion of a review, the Accessibility Commissioner must confirm, amend, revoke or cancel the order.
- Marginal note: Notice of decision (5) The Accessibility Commissioner must cause the regulated entity to be served with a notice setting out the Accessibility Commissioner’s decision under subsection (4) and the reasons for it.
Administrative Monetary Penalties
Marginal note: Commission — regulated entity
- 77 (1) Every regulated entity that contravenes any of the following commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1):
- (a) any of subsections 47(1) to (4) and (7), 48(1) to (3), 49(1) to (3) and (6), 56(1) to (4) and (7), 57(1) to (3), 58(1) to (3) and (6), 65(1) to (4) and (7), 66(1) to (3), 67(1) to (3) and (6), 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126;
- (b) an order made under section 74;
- (c) an order made under subsection 75(1) or amended under subsection 76(4); and
- (d) a provision of regulations made under subsection 117(1).
Marginal note: Purpose of penalty
78 The purpose of a penalty is to promote compliance with this Act and not to punish.
Marginal note: Issuance of notice of violation
- 79 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity or person has committed a violation, the Accessibility Commissioner may issue, and must cause to be served on the regulated entity or person, a notice of violation that names the regulated entity or person, identifies the violation and
- (a) contains a warning; or
- (b) sets out
- (i) the penalty for the violation that the regulated entity or person is liable to pay,
- (ii) the particulars concerning the time and manner of payment of the penalty, and
- (iii) the lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.
Marginal note: Warning — right to request review
- 80 (1) A regulated entity or person that is served with a notice of violation that sets out a warning may, within the time and in the manner specified in the notice, request a review of the acts or omissions that constitute the violation.
- Marginal note: Warning — right not exercised (2) If a regulated entity or person that is served with a notice of violation that contains a warning does not exercise the right referred to in subsection (1) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice of violation.
Marginal note: Notices with penalty — payment
- 81 (1) If a notice of violation sets out a penalty and the regulated entity or person named in the notice pays, within the time and in the manner specified in the notice, the amount of the penalty or the lesser amount set out in the notice,
- (a) they are deemed to have committed the violation in respect of which the amount is paid;
- (b) the Accessibility Commissioner must accept that amount in complete satisfaction of the penalty; and
- (c) the proceedings commenced in respect of the violation are ended.
- (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provisions of this Act or of regulations made under subsection 117(1), or the order, to which the violation relates; or
- (b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty.
Marginal note: Entering into compliance agreements
- 82 (1) After considering a request made under paragraph 81(2)(a), the Accessibility Commissioner may enter into a compliance agreement, as described in that paragraph, with the regulated entity or person making the request on any terms that the Accessibility Commissioner considers appropriate. The terms may
- (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Accessibility Commissioner, as a guarantee that the regulated entity or person will comply with the compliance agreement; and
- (b) provide for the reduction, in whole or in part, of the penalty for the violation.
- (a) the proceedings commenced in respect of the violation are ended; and
- (b) any security given under the compliance agreement must be returned to them.
- (a) that instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default, and without taking account of the limit set out in subsection 91(2), an amount that is twice the amount of that penalty;
- (b) that the security, if any, given under the compliance agreement will be forfeited to Her Majesty in right of Canada.
Marginal note: Refusal to enter into compliance agreement
- 83 (1) If the Accessibility Commissioner refuses to enter into a compliance agreement requested under paragraph 81(2)(a), the regulated entity or person that made the request is liable to pay, within the time and in the manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.
- Marginal note: Effect of payment (2) If the regulated entity or person pays the amount set out in the notice of violation within the time and in the manner specified in the notice of violation,
- (a) they are deemed to have committed the violation in respect of which the amount is paid;
- (b) the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation; and
- (c) the proceedings commenced in respect of the violation are ended.
Marginal note: Review — with respect to facts
- 84 (1) On completion of a review requested under subsection 80(1), or under paragraph 81(2)(b) with respect to the acts or omissions that constitute the violation, the Accessibility Commissioner must determine, on a balance of probabilities, whether the regulated entity or person that requested the review committed the violation.
- Marginal note: Violation not committed — effect (2) If the Accessibility Commissioner determines under subsection (1) that the regulated entity or person did not commit the violation, the proceedings commenced in respect of it are ended.
- Marginal note: Violation committed — penalty (3) If the Accessibility Commissioner determines that the regulated entity or person committed the violation, and a penalty was set out in the notice of violation, the Accessibility Commissioner must determine whether the amount of the penalty was fixed in accordance with regulations made under subsection 91(1) and
- (a) if the Accessibility Commissioner determines that it was correctly fixed, he or she must confirm the amount of the penalty; and
- (b) if the Accessibility Commissioner determines that it was not correctly fixed, he or she must correct the amount.
Marginal note: Certain defences not available
- 85 (1) A regulated entity or person named in a notice of violation does not have a defence by reason that they
- (a) exercised due diligence to prevent the violation; or
- (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate them.
Marginal note: Party to violation
86 If a regulated entity commits a violation, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the regulated entity is proceeded against under this Act:
- (a) an officer, director, agent or mandatary of the regulated entity;
- (b) a senior official of the regulated entity; or
- (c) any other person authorized to exercise managerial or supervisory functions on behalf of the regulated entity.
Marginal note: Employees or agents or mandataries
87 A regulated entity is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified.
Marginal note: Continuing violation
88 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Marginal note: Evidence
89 In any proceeding in respect of a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.
Marginal note: Limitation period or prescription
90 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose.
Marginal note: Regulations
- 91 (1) The Governor in Council may make regulations
- (a) classifying each violation as a minor violation, a serious violation or a very serious violation;
- (b) fixing a penalty, or a range of penalties, in respect of each violation;
- (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;
- (d) respecting the determination of a lesser amount for the purposes of subparagraph 79(1)(b)(iii) and the time and manner in which it is to be paid;
- (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty for a violation may be reduced under the terms of a compliance agreement entered into under subsection 82(1);
- (f) respecting the circumstances under which reviews under section 84 are to be oral or in writing; and
- (g) specifying information for the purposes of section 93.
Marginal note: Powers regarding notices of violation
92 The Accessibility Commissioner may establish the form of notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.
Marginal note: Publication
93 The Accessibility Commissioner may make public
- (a) the name of a regulated entity or person that is determined under section 84, or that is deemed by this Act, to have committed a violation;
- (b) the nature of the violation;
- (c) the amount of the penalty imposed, if any; and
- (d) any other information specified in regulations made under subsection 91(1).
PART 6 Remedies
Filing of Complaint
Marginal note: Right to file complaint
- 94 (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of — or that has otherwise been adversely affected by — a contravention by a regulated entity of any provision of regulations made under subsection 117(1) may file with the Accessibility Commissioner a complaint that is in a form acceptable to the Accessibility Commissioner.
- Marginal note: Exception — Federal Public Sector Labour Relations Act — employee (2) An , as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act , is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 208 of that Act, determined without taking into account subsection 208(2) of that Act and the definition of in subsection 206(1) of that Act.
- Marginal note: Exception — Federal Public Sector Labour Relations Act — RCMP member (3) An , as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act , that is an RCMP member is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 238.24 of that Act, determined without taking into account subsection 208(2) of that Act.
- Marginal note: Exception — Public Service Employment Act (4) An individual is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to make a complaint in respect of that contravention under section 65 or 77 of the Public Service Employment Act .
- Marginal note: Notice (5) The Accessibility Commissioner must cause a written notice of a complaint to be served on the regulated entity against which the complaint was made.
Investigation
Marginal note: Power to conduct investigation
95 The Accessibility Commissioner may conduct an investigation into a complaint filed under subsection 94(1) unless it appears to him or her that
- (a) the complainant ought to exhaust grievance or review procedures otherwise reasonably available;
- (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act;
- (c) the complaint is beyond the jurisdiction of the Accessibility Commissioner;
- (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or
- (e) the complaint is based on acts or omissions the complainant became aware of more than one year, or any longer period of time that the Accessibility Commissioner considers appropriate in the circumstances, before the filing of the complaint.
Marginal note: Notice
- 96 (1) The Accessibility Commissioner must cause a written notice advising of whether or not he or she has decided to investigate a complaint to be served on the complainant and the regulated entity against which the complaint was made.
- Marginal note: Time and manner for application for review (2) If the Accessibility Commissioner’s decision is that the complaint will not be investigated, the notice must specify the time within which and the manner in which an application may be made for a review of the decision.
Marginal note: Joint investigation
97 If the Accessibility Commissioner is of the opinion that two or more complaints involve substantially the same issues of fact, he or she may conduct a joint investigation into the complaints.
Marginal note: Powers of Accessibility Commissioner
98 In the conduct of an investigation of a complaint, the Accessibility Commissioner may
- (a) summon and enforce the appearance of persons before the Accessibility Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Accessibility Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record;
- (b) administer oaths;
- (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Accessibility Commissioner sees fit, whether or not it is or would be admissible in a court of law;
- (d) enter any place — including a conveyance — other than a dwelling-house;
- (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Accessibility Commissioner sees fit; and
- (f) exercise any of the powers referred to in any of paragraphs 73(2)(a) to (l).
Marginal note: Dispute resolution mechanisms
99 The Accessibility Commissioner may attempt to resolve complaints by means of a dispute resolution mechanism.
Marginal note: Discontinuance of investigation
- 100 (1) The Accessibility Commissioner may discontinue the investigation of a complaint if he or she is of the opinion that
- (a) there is insufficient evidence to pursue the investigation;
- (b) any of the circumstances mentioned in paragraphs 95(a) to (e) applies; or
- (c) the matter has been resolved — by means of a dispute resolution mechanism or otherwise — by the complainant and the regulated entity.
Marginal note: Complaint dismissed
- 101 (1) At the conclusion of an investigation, the Accessibility Commissioner must dismiss the complaint if he or she finds that the complaint is not substantiated.
- Marginal note: Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice of the dismissal of the complaint that sets out the reasons for the dismissal and that specifies the time within which and the manner in which an application may be made for an appeal of the decision to dismiss the complaint.
Marginal note: Complaint substantiated
- 102 (1) If, at the conclusion of an investigation, the Accessibility Commissioner finds that the complaint is substantiated, he or she may order the regulated entity to do one or more of the following:
- (a) take the appropriate corrective measures specified in the order;
- (b) make available to the complainant, on the first reasonable occasion, the rights, opportunities or privileges that were denied to the complainant as a result of the contravention to which the complaint relates;
- (c) pay compensation to the complainant for any or all of the wages that they were deprived of and for any or all of the expenses incurred by the complainant as a result of the contravention;
- (d) pay compensation to the complainant for any or all additional costs of obtaining alternative goods, services, facilities or accommodation, and for any or all of the expenses incurred by the complainant, as a result of the contravention;
- (e) pay compensation to the complainant in an amount that is not more than the amount referred to in subsection (2) for any pain and suffering that the complainant experienced as a result of the contravention;
- (f) pay to the complainant an amount that is not more than the amount referred to in subsection (2), if the Accessibility Commissioner determines that the contravention is the result of a wilful or reckless practice.
- (a) for the calendar year during which subsection (1) comes into force, $20,000; and
- (b) for each subsequent calendar year, the amount that is equal to the product obtained by multiplying
- (i) the amount determined under this subsection for the preceding calendar year
- (ii) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.
Marginal note: Review by Accessibility Commissioner
- 103 (1) The Accessibility Commissioner may, on application made within the time and in the manner specified in the notice served under section 96 or 100, as the case may be, review a decision under section 95 not to investigate a complaint or a decision under section 100 to discontinue an investigation.
- Marginal note: Representations (1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant.
- Marginal note: Powers (2) After concluding the review, the Accessibility Commissioner must
- (a) confirm the decision not to investigate the complaint;
- (b) investigate the complaint;
- (c) confirm the decision to discontinue the investigation; or
- (d) continue the investigation.
Marginal note: Appeal
- 104 (1) A complainant or regulated entity that is affected by a decision made under section 101 or an order made under subsection 102(1) may appeal the decision or order to the Canadian Human Rights Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances.
- Marginal note: Nature of appeal (1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice.
- Marginal note: Grounds of appeal (2) The request for appeal must contain a statement of the grounds of appeal and set out the evidence that supports those grounds.
Marginal note: Assignment of member
- 105 (1) On receipt of an application for an appeal, the Chairperson of the Canadian Human Rights Tribunal must assign a member of the Tribunal to hear the appeal, but the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she considers that the complexity of the matters under appeal requires three members.
- Marginal note: Chair of panel (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel.
Marginal note: Decision
- 106 (1) The member or panel of members of the Canadian Human Rights Tribunal assigned to hear the appeal may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give.
- Marginal note: Nature of appeal (1.1) An appeal shall be on the merits based on the record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available.
- Marginal note: Panel’s decision (2) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel.
- Marginal note: Copy (3) A copy of the order made by the member or panel of members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal.
- Marginal note: Decision final (4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court.
Marginal note: Report of activities
107 The Canadian Human Rights Tribunal must include in its annual report referred to in subsection 61(3) of the Canadian Human Rights Act a report of its activities under this Act during the year.
Marginal note: Regulations
108 The Governor in Council may make regulations
- (a) prescribing the procedures to be followed by the Accessibility Commissioner when conducting an investigation; and
- (b) governing the manner in which complaints are to be investigated by the Accessibility Commissioner.
General
Marginal note: Duty to act informally and expeditiously
109 The Accessibility Commissioner must deal with complaints filed under subsection 94(1) and applications made under subsection 103(1) as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Marginal note: Disclosure of personal information
110 For the purpose of the administration of Part III of the Canadian Human Rights Act , the Accessibility Commissioner may disclose to any officer or employee of the Canadian Human Rights Commission any personal information that is contained in a complaint filed with the Accessibility Commissioner.
PART 7 Chief Accessibility Officer
Appointment
Marginal note: Special advisor
- 111 (1) The Governor in Council may appoint, on a full-time basis, a special adviser to the Minister to be called the Chief Accessibility Officer.
- Marginal note: Tenure of office (2) The Chief Accessibility Officer holds office during good behaviour, for a term of not more than five years, but may be removed for cause at any time by the Governor in Council.
- Marginal note: Reappointment (3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office.
- Marginal note: Absence or incapacity of Chief Accessibility Officer (4) In the event of the absence or incapacity of the Chief Accessibility Officer, or if the office of Chief Accessibility Officer is vacant, the Minister may authorize a person to act as Chief Accessibility Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Remuneration and Expenses
Marginal note: Remuneration and expenses
- 112 (1) The Chief Accessibility Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act.
- Marginal note: Benefits (2) The Chief Accessibility Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act .
Duties and Functions
Marginal note: Advice
113 The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — provide information or advice to the Minister in respect of systemic or emerging accessibility issues.
Marginal note: Special report
- 114 (1) The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — report in writing to the Minister in respect of systemic or emerging accessibility issues.
- Marginal note: Publication (2) The Chief Accessibility Officer may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.
Marginal note: Assistance
115 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission, the Federal Public Sector Labour Relations and Employment Board and the Standards Organization must take all reasonable steps to assist the Chief Accessibility Officer in the performance of his or her duties and functions.
Marginal note: Annual report
- 116 (1) The Chief Accessibility Officer must, after the end of each fiscal year but no later than December 31 following the end of that fiscal year, submit to the Minister a report on
- (a) the outcomes achieved by this Act during that fiscal year; and
- (b) systemic or emerging accessibility issues.
PART 8 General
Regulations
Marginal note: Regulations
- 117 (1) Subject to sections 118 to 120, the Governor in Council may make regulations
- (a) defining, for the purposes of this Act, any term that is used but not defined in this Act;
- (b) designating areas for the purposes of paragraph 5(g);
- (c) establishing standards intended to remove barriers and to improve accessibility in the areas referred to in section 5;
- (d) imposing obligations or prohibitions on regulated entities for the purpose of identifying or removing barriers or preventing new barriers;
- (e) fixing or determining, for the purposes of subsections 47(1), 56(1), 65(1) and 69(1), a day in respect of a regulated entity;
- (f) specifying the form in which the accessibility plans required by subsections 47(1) and (2), 56(1) and (2), 65(1) and (2) and 69(1) and (2) are to be prepared and the manner in which they are to be published;
- (f.1) respecting the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1);
- (g) specifying the form and manner in which descriptions of the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1) are to be published;
- (h) specifying the form in which progress reports required by subsections 49(1), 58(1), 67(1) and 71(1) are to be prepared and the time and manner in which they are to be published;
- (i) respecting the records, reports, electronic data or other documents that are required to be prepared, retained or provided by regulated entities and
- (i) the time, manner or place in which they are to be prepared and retained, or
- (ii) the time, manner or form in which they are to be provided;
- (i) a regulated entity,
- (ii) a built environment,
- (iii) an object,
- (iv) a work, undertaking or business that is within the legislative authority of Parliament,
- (v) an activity conducted by a regulated entity, and
- (vi) a location; and
Marginal note: Limited application — broadcasting
- 118 (1) Subject to subsections (2) and (3), regulations made under subsection 117(1) apply in respect of a regulated entity that carries on a broadcasting undertaking only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.
- Marginal note: Non-application — employment equity (2) Regulations made under subsection 117(1) that are in relation to employment do not apply in respect of a regulated entity that carries on a broadcasting undertaking and that is not subject to the Employment Equity Act .
- Marginal note: Non-application — areas specified in regulations (3) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that carries on a broadcasting undertaking if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under
- (a) a condition imposed under section 9.1 of the Broadcasting Act ;
- (b) an order under subsection 9(4) of that Act; or
- (c) a regulation made under subsection 10(1) of that Act.
- 2019, c. 10, s. 118
- 2023, c. 8, s. 47
Marginal note: Limited application — telecommunications
- 119 (1) Subject to subsection (2), regulations made under subsection 117(1) apply in respect of a regulated entity that is a Canadian carrier or a telecommunications service provider only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.
- Marginal note: Non-application — areas specified in regulations (2) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that is a Canadian carrier or telecommunications service provider if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under a condition imposed under section 24 or 24.1 of the Telecommunications Act or a regulation made under that Act.
Marginal note: Limited application — transportation
120 The only regulations made under subsection 117(1) that apply in respect of a regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act are those that relate to the identification and removal of barriers, and the prevention of new barriers, in the following areas:
- (a) employment;
- (b) the built environment, other than a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal;
- (c) the procurement of goods, services and facilities that are not related to the mobility of persons with disabilities;
- (d) areas designated under regulations made under paragraph 117(1)(b); and
- (e) the area referred to in paragraph 5(c.1) as it relates to the areas referred to paragraphs (a) to (d).
Marginal note: Exemption
- 121 (1) On application by a regulated entity, the Minister may, by order and on any terms that he or she considers necessary,
- (a) exempt a regulated entity from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that the regulated entity has taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities; or
- (b) exempt a class of regulated entities from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that all the members of the class have taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities.
The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order.
Marginal note: For greater certainty
121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.
Miscellaneous
Marginal note: Collaboration — complaints, applications and grievances
- 122 (1) The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to put in place mechanisms for the efficient and expeditious referral to the appropriate authority of accessibility-related complaints, applications and grievances.
- Marginal note: Notice of referral (2) If an authority referred to in subsection (1) decides not to deal with a complaint, application or grievance for one of the following reasons and it decides to refer the complaint, application or grievance to the appropriate authority, it must cause a written notice of its decision, and the reasons for it, to be served on the individual that filed the complaint or application, or presented the grievance, and on the individual or entity that is the subject of the complaint, application or grievance:
- (a) the complaint, application or grievance is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under any Act of Parliament; or
- (b) the complaint, application or grievance is beyond the jurisdiction of the authority required to serve the notice.
Marginal note: Collaboration — policies and practices
123 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to foster complementary policies and practices in relation to accessibility-related matters.
Marginal note: Obstruction
124 It is prohibited to obstruct, by act or omission, the Accessibility Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act.
Marginal note: False statements — Accessibility Commissioner
125 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Accessibility Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act.
Marginal note: False statements — records, reports, etc.
126 It is prohibited for a regulated entity to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that it is required to prepare, retain or provide under this Act.
Marginal note: Section 126 of Criminal Code
127 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or of regulations made under subsection 117(1).
Marginal note: Debts to Her Majesty
- 128 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:
- (a) costs incurred by Her Majesty in right of Canada in relation to the inspection of a place or the examination of any thing;
- (b) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is served;
- (c) every amount undertaken to be paid under a compliance agreement entered into with the Accessibility Commissioner under subsection 82(1), from the time the compliance agreement is entered into;
- (d) the amount set out in a notice of default referred to in subsection 82(4), from the time the notice is served;
- (e) the amount of a penalty confirmed or corrected in the Accessibility Commissioner’s notice of decision served under subsection 84(4), from the expiry of the time specified in the notice.
Marginal note: Certificate of default
- 129 (1) Any debt referred to in subsection 128(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Accessibility Commissioner.
- Marginal note: Registration in Federal Court (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
Marginal note: Enforcement of order
130 An order made under subsection 75(1) or amended under subsection 76(4) and an order made under subsection 102(1) or section 106 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Accessibility Commissioner filing in the Registry of the Court a copy of the order certified by the Accessibility Commissioner to be a true copy.
Marginal note: Review by Senate and House of Commons
- 131 (1) Five years after the day on which the first regulation is made under subsection 117(1), or as soon as feasible after that day, a comprehensive review of the provisions and operation of this Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.
- Marginal note: Report (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is commenced, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee.
Marginal note: Independent review
- 132 (1) Five years after the first day on which a report is submitted under subsection 131(2) to either House of Parliament and every tenth anniversary of that day, the Minister must cause an independent review of the provisions and operation of this Act to be conducted, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
- Marginal note: Duty to consult (2) The person or persons conducting the review must consult the public, persons with disabilities, organizations that represent the interests of persons with disabilities, regulated entities and organizations that represent the interests of regulated entities.
National AccessAbility Week
Marginal note: Designation
133 Throughout Canada, in each year, the week starting on the last Sunday in May is to be known as National AccessAbility Week.
PART 9 Parliamentary Entities
Definition and Application
Marginal note: Definition of
134 In this Part, means
- (a) the Senate, as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;
- (b) the House of Commons, as represented by the Board of Internal Economy of the House of Commons;
- (c) the Library of Parliament;
- (d) the office of the Senate Ethics Officer;
- (e) the office of the Conflict of Interest and Ethics Commissioner;
- (f) the Parliamentary Protective Service; and
- (g) the office of the Parliamentary Budget Officer.
Marginal note: Application of other Parts
135 Parts 4 to 6 and 8 apply in respect of parliamentary entities only to the extent provided for in this Part.
Marginal note: Constituency offices
136 For greater certainty, this Part applies with respect to the constituency offices of members of the House of Commons.
Parliamentary Powers, Privileges and Immunities
Marginal note: Powers, privileges and immunities
137 For greater certainty, nothing in this Act or in any regulations made under it is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty under this Act if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.
Application
Marginal note: Application of Part 4
- 138 (1) Sections 69 to 71 apply with respect to a parliamentary entity as if it were a regulated entity.
- Marginal note: Exemption (2) After consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may exempt in writing a parliamentary entity from the application of all or any part of sections 69 to 71, on any terms that the Speaker or Speakers consider necessary.
- Marginal note: Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.
- Marginal note: Statutory Instruments Act (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act .
Marginal note: Application of Part 5 — inspection
- 139 (1) Section 73 applies with respect to a parliamentary entity.
- Marginal note: Orders (2) Sections 74 to 76 apply with respect to a parliamentary entity as if it were a regulated entity.
Marginal note: Contravention — parliamentary entity
- 140 (1) The Accessibility Commissioner may issue a notice of contravention to a parliamentary entity, and must cause it to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the parliamentary entity has contravened
- (a) any of subsections 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126;
- (b) an order made under section 74;
- (c) an order made under subsection 75(1) or amended under subsection 76(4); or
- (d) a provision of regulations made under subsection 117(1) that applies with respect to the parliamentary entity.
- (a) name the parliamentary entity or specified person;
- (b) identify the contravention;
- (c) summarize, in plain language, the rights and obligations of the parliamentary entity or specified person under this section, including their right to request to enter into a compliance agreement with the Accessibility Commissioner or request a review of the acts or omissions that constitute the contravention; and
- (d) set out the time and manner — as determined by the Accessibility Commissioner — in which the parliamentary entity or specified person may make a request under subsection (4).
- (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provision or order to which the notice relates; or
- (b) request a review of the acts or omissions that constitute the contravention.
Marginal note: Application of Part 6
- 141 (1) Subject to subsections (2) and (3), sections 94 to 104, subsection 106(1) and sections 108 to 110 apply with respect to a parliamentary entity as if it were a regulated entity.
- Marginal note: Exception (2) An individual is not entitled to file a complaint under subsection 94(1) in respect of a contravention by a parliamentary entity of any provision of regulations made under subsection 117(1) if the individual is entitled to present a grievance under section 62 of the Parliamentary Employment and Staff Relations Act in respect of the contravention.
- Marginal note: Appeal (3) An appeal with respect to a parliamentary entity under subsection 104(1) is to be made to the Federal Public Sector Labour Relations and Employment Board instead of to the Canadian Human Rights Tribunal and, with respect to such an appeal, a reference to the member or panel of members of the Tribunal in subsection 106(1) is to be read as a reference to a panel of the Board.
- Marginal note: For greater certainty (4) For greater certainty, section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply with respect to an order of the Federal Public Sector Labour Relations and Employment Board made with respect to an appeal under subsection 104(1).
Marginal note: Application of Part 8 — regulations
- 142 (1) Regulations made under any of paragraphs 117(1)(a) to (l) — and under paragraph 117(1)(m) with respect to sections 69 to 71 — apply with respect to a parliamentary entity as if it were a regulated entity, but only to the extent that the regulations apply generally to regulated entities that are departments named in Schedule I to the Financial Administration Act .
- Marginal note: Exemption (2) On application by a parliamentary entity and after consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may, in writing and on any terms that they consider necessary, exempt the parliamentary entity from the application of any provision of the regulations referred to in subsection (1) if the Speaker or Speakers are satisfied that the parliamentary entity will take or has taken measures that will result in an equivalent or greater level of accessibility for persons with disabilities.
- Marginal note: Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.
- Marginal note: Statutory Instruments Act (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act .
- Marginal note: Sections 122 to 125, 127 and 131 (5) Sections 122 to 125, 127 and 131 apply with respect to a parliamentary entity.
- Marginal note: Sections 126 and 132 (6) Sections 126 and 132 apply with respect to a parliamentary entity as if it were a regulated entity.
Notification of Speakers
Marginal note: Notification — entrance into place
- 143 (1) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under section 73 or paragraph 98(d), a place that is under the authority of a parliamentary entity.
- Marginal note: Other notifications (2) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she
- (a) makes an order with respect to a parliamentary entity under section 74;
- (b) makes a compliance order with respect to a parliamentary entity under section 75;
- (c) makes a decision under subsection 76(4) in respect of a compliance order referred to in paragraph (b);
- (d) begins to conduct an investigation of a parliamentary entity under section 95;
- (e) makes an order under subsection 102(1) with respect to a parliamentary entity;
- (f) issues a notice of contravention under subsection 140(1) or (2);
- (g) makes a decision under subsection 140(5); or
- (h) causes a notice of compliance or default to be served under subsection 140(8).
Marginal note: Notification — appeal under subsection 104(1)
- 144 (1) The Federal Public Sector Labour Relations and Employment Board must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Board receives a request for appeal of a decision or order with respect to a parliamentary entity under subsection 104(1).
- Marginal note: Power of Speakers (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought,
- (a) the Board must, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and
- (b) the Speaker may present evidence and make representations to the Board in the appeal.
Marginal note: Non-compliance with compliance order
- 145 (1) The Accessibility Commissioner must provide to the Speaker of the Senate or the Speaker of the House of Commons, or both, a compliance order that is made under section 75 or amended under subsection 76(4) with respect to a parliamentary entity, if the order is not complied with.
- Marginal note: Order under subsection 102(1) (2) The Accessibility Commissioner must provide an order made under subsection 102(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with.
- Marginal note: Order under subsection 106(1) (3) The Federal Public Sector Labour Relations and Employment Board must, at the request of the Accessibility Commissioner or the complainant, provide an order made under subsection 106(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with.
Marginal note: Tabling by Speaker
146 The Speaker of the Senate or the Speaker of the House of Commons, or both, must, within a reasonable time after receiving it, table every notice of default received under paragraph 143(2)(h) and every order received under section 145 in the House over which the Speaker presides.
PART 10 Related Amendments
R.S., c. C-22 Canadian Radio-television and Telecommunications Commission Act
147 [Amendments]
R.S., c. H-6 Canadian Human Rights Act
148 [Amendments]
149 [Amendments]
150 [Amendments]
151 [Amendments]
152 [Amendments]
153 [Amendments]
R.S., c. 33 (2nd Supp.) Parliamentary Employment and Staff Relations Act
154 [Amendments]
155 [Amendments]
156 [Amendments]
157 [Amendments]
158 [Amendments]
159 [Amendments]
160 [Amendments]
1991, c. 11 Broadcasting Act
161 [Amendments]
1993, c. 38 Telecommunications Act
162 [Amendments]
163 [Amendments]
164 [Amendments]
165 [Amendments]
1996, c. 10 Canada Transportation Act
166 [Amendments]
167 [Amendments]
168 [Amendments]
169 [Amendments]
170 [Amendments]
171 [Amendments]
172 [Amendments]
173 [Amendments]
174 [Amendments]
175 [Amendments]
176 [Amendments]
177 [Amendments]
178 [Amendments]
179 [Amendments]
180 [Amendments]
181 [Amendments]
182 [Amendments]
183 [Amendments]
2003, c. 22, s. 2; 2017 c. 9, s. 2 Federal Public Sector Labour Relations Act
184 [Amendments]
185 [Amendments]
186 [Amendments]
187 [Amendments]
188 [Amendments]
189 [Amendments]
190 [Amendments]
191 [Amendments]
192 [Amendments]
193 [Amendments]
2003, c. 22, ss. 12 and 13 Public Service Employment Act
194 [Amendments]
195 [Amendments]
196 [Amendments]
197 [Amendments]
198 [Amendments]
199 [Amendments]
PART 11 Consequential and Coordinating Amendments
Consequential Amendments
R.S., c. A-1 Access to Information Act
200 [Amendments]
R.S., c. F-11 Financial Administration Act
201 [Amendments]
202 [Amendments]
203 [Amendments]
R.S., c. P-21 Privacy Act
204 [Amendments]
Coordinating Amendments
205 [Amendments]
PART 12 Coming into Force
Marginal note: Order in council
Footnote * 206 The provisions of this Act, other than section 205, come into force on a day to be fixed by order of the Governor in Council.
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in
- (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in
- (a) information about the following in respect of the fiscal year, including their number: