Accessible Canada Act

2019, c. 10

Annual Statutes

C-81 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

An Act to ensure a barrier-free Canada

Accessible Canada Act

Accessible Canada Act 2019 6 21 10 2019 90878

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “

An Act to ensure a barrier-free Canada ”.

SUMMARY

This enactment enacts the Accessible Canada Act in order to enhance the full and equal participation of all persons, especially persons with disabilities, in society. This is to be achieved through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, particularly by the identification, removal and prevention of barriers.

Part 1 of the Act establishes the Minister’s mandate, powers, duties and functions.

Part 2 of the Act establishes the Canadian Accessibility Standards Development Organization and provides for its mandate and structure and its powers, duties and functions.

Part 3 of the Act authorizes the Accessibility Commissioner to provide the Minister with information, advice and written reports in respect of the administration and enforcement of the Act. It also requires the Accessibility Commissioner to submit an annual report on his or her activities under the Act to the Minister for tabling in Parliament.

Part 4 of the Act imposes duties on regulated entities that include the duty to prepare accessibility plans and progress reports in consultation with persons with disabilities, the duty to publish those plans and reports and the duty to establish a feedback process and to publish a description of it.

Part 5 of the Act provides for the Accessibility Commissioner’s inspection and other powers, including the power to make production orders and compliance orders and the power to impose administrative monetary penalties.

Part 6 of the Act provides for a complaints process for, and the awarding of compensation to, individuals that have suffered physical or psychological harm, property damage or economic loss as the result of — or that have otherwise been adversely affected by — the contravention of provisions of the regulations.

Part 7 of the Act provides for the appointment of the Chief Accessibility Officer and sets out that officer’s duties and functions, including the duty to advise the Minister in respect of systemic or emerging accessibility issues.

Part 8 of the Act authorizes the Governor in Council to make regulations, including regulations to establish accessibility standards and to specify the form of accessibility plans and progress reports. It also provides, among other things, for the designation of the week starting on the last Sunday in May as National AccessAbility Week.

Part 9 of the Act provides for the application of certain provisions of the Act to parliamentary entities, without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.

Parts 10 and 11 of the Act make related and consequential amendments to certain Acts.

Preamble

Whereas the Canadian Charter of Rights and Freedoms guarantees the right to the equal protection and equal benefit of the law without discrimination and, in particular, discrimination on the basis of disability;

Whereas the Canadian Human Rights Act recognizes that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated without discrimination and, in particular, discrimination on the basis of disability;

Whereas a proactive and systemic approach for identifying, removing and preventing barriers to accessibility without delay complements the rights of persons with disabilities under the Canadian Human Rights Act ;

Whereas Canada is a State Party to the United Nations Convention on the Rights of Persons with Disabilities and Canada has agreed to take appropriate measures respecting accessibility and to develop and monitor minimum accessibility standards;

Whereas barriers to accessibility can impact all persons in Canada, in particular those with disabilities and their families, and can prevent persons with disabilities from achieving their full and equal participation in society;

And

whereas Parliament considers that it is essential to ensure the economic, social and civic participation of all persons in Canada, regardless of their disabilities, and to allow them to fully exercise their rights and responsibilities in a barrier-free Canada;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the Accessible Canada Act .

Interpretation

Definitions

The following

definitions apply in this Act.

Accessibility Commissioner means the member of the Canadian Human Rights Commission that is appointed under subsection 26(1) of the Canadian Human Rights Act and that is referred to in that Act as the “Accessibility Commissioner”. ( commissaire à l’accessibilité )

barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. ( obstacle )

broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act . ( entreprise de radiodiffusion )

Canadian carrier has the same meaning as in subsection 2(1) of the Telecommunications Act . ( entreprise canadienne )

disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. ( handicap )

Minister means the member of the Queen’s Privy Council for Canada designated under

section 4 . ( ministre )

personal information has the same meaning as in

section 3 of the Privacy Act . ( renseignements personnels )

regulated entity means an entity or person referred to in subsection 7 (1). ( entité réglementé

e) Standards Organization means the Canadian Accessibility Standards Development Organization established under subsection 17 (1). ( organisation de normalisation )

telecommunications service provider has the same meaning as in subsection 2(1) of the Telecommunications Act . ( fournisseur de services de télécommunication )

Her Majesty

Binding on Her Majesty

This Act is binding on Her Majesty in right of Canada.

Designation

Designation of Minister

The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.

Purpose of Act

Purpose

The purpose of this Act is to benefit all persons, especially persons with disabilities, through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, on or before January 1, 2040, particularly by the identification and removal of barriers, and the prevention of new barriers, in the following areas:

(

a) employment;

(

b) the built environment;

(

c) information and communication technologies;

(c.1)

communication, other than information and communication technologies;

(

d) the procurement of goods, services and facilities;

(

e) the design and delivery of programs and services;

(

f) transportation; and

(

g) areas designated under regulations made under paragraph 117 (1)(b).

Clarification

5.1

(1) The area of communication referred to in paragraph 5(c.1)

(

a) includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and

(

b) does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act .

Recognition of sign languages

(2) American Sign Language, Quebec Sign Language and Indigenous sign languages are recognized as the primary languages for communication by deaf persons in Canada.

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

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

(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 Crown corporation , 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.

Parliamentary entities

(2) This Act also applies, to the extent provided for in

Part 9, to the entities referred to in the definition of parliamentary entity in

section 134 .

Designation

(3) For the purposes of paragraph (1)(c), the Governor in Council may, by order, designate any portion of the federal public administration that is not named or set out in any of Schedules I to V to the Financial Administration Act .

Non-application

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.

Canadian Forces

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.

Royal Canadian Mounted Police

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

Mandate

(1) The Minister’s mandate is the realization of a Canada without barriers on or before January 1, 2040.

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.

Minister’s powers, duties and functions

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.

Policies, programs and projects

The Minister may initiate, recommend, implement and promote policies, programs and projects in relation to matters relating to accessibility.

Grants and contributions

The Minister may make grants and contributions in support of the Minister’s programs and projects in relation to matters relating to accessibility.

Information

Subject to the Statistics Act , the Minister may collect, analyse, interpret, publish and distribute information in relation to matters relating to accessibility.

Coordination with provincial and territorial authorities

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

Canadian Accessibility Standards Development Organization

(1) A corporation is established to be known as the Canadian Accessibility Standards Development Organization.

Agent of Her Majesty

(2) The Standards Organization is an agent of Her Majesty in right of Canada.

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

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

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 Trade-marks Act and authorize and regulate their use subject to that Act;

(

d) license, sell or otherwise make available any patent, copyright, industrial design, trade-mark 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.

Other powers

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

Ministerial directions

(1) The Minister may issue general directions to the Standards Organization respecting the carrying out of its mandate.

Non-application of Statutory Instruments Act

(2) The Statutory Instruments Act does not apply to directions issued under subsection (1).

Board of Directors

Establishment and composition

The Standards Organization is to have a board of directors consisting of not more than 11 directors, including a Chair and a Vice-Chair.

Appointment and tenure

(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.

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.

Persons not eligible for appointment

(3) A person is not eligible to be appointed or to continue as a director if the person

(

a) is not a Canadian citizen or a permanent resident 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.

Reappointment

(4) A director is eligible for reappointment in the same or another capacity.

Remuneration and expenses

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.

Benefits

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 .

Role of board of directors

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.

By-laws

(1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs.

Copy to Minister

(2) The board of directors must send a copy of every by-law to the Minister.

Advisory and other committees

The board of directors may, in accordance with the by-laws, appoint advisory or other committees.

Chair

Role of Chair

(1) The Chair presides over meetings of the board of directors and performs any other duties that are assigned by the board.

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.

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

Appointment

(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.

Reappointment

(2) The Chief Executive Officer is eligible for reappointment.

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.

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 .

Role of Chief Executive Officer

(1) The Chief Executive Officer is responsible for the Standards Organization’s day-to-day operations.

Rank of deputy head

(2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.

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.

Committees

(1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards.

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

Officers and employees

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

Recommended standards to be made public

The Standards Organization must make available to the public every accessibility standard that it recommends to the Minister under paragraph 18 (b).

Inventions

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

Duty to submit

(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.

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

Provision of information or advice

The Accessibility Commissioner may provide information or advice to the Minister in respect of issues arising from the administration and enforcement of this Act.

Special report

(1) The Accessibility Commissioner may report in writing to the Minister in respect of issues arising from the administration and enforcement of this Act.

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.

Annual report

(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.

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);

(

b) the Accessibility Commissioner’s observations about whether the information referred to in paragraph (

a) discloses any systemic or emerging accessibility issues; and

(

c) information prescribed in regulations made under subsection 117 (1).

Tabling

(3) 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.

Delegation to any person

(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.

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.

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.

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.

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.

Immunity

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

Initial accessibility plan

(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 of the regulated entity’s licence issued under

Part II 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.

Updated accessibility plan

(2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 45 (1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.

Notice to Commission

(3) 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 every version of its accessibility plan.

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

(6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition, order or regulation referred to in paragraphs (1)(

b) to (

d) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.

Duty to make plan available on request

(7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 45 (1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

Conditions

(8) 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 accessibility plan is to be made available to the person making the request.

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 45 (1).

Notice to Commission

Progress Reports

Obligation

(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.

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.

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

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.

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

(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).

Obligation

(1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force.

Distinguishing — classes

(2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.

Exemptions

Power to exempt

(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.

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

Initial accessibility plan

(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.

Updated accessibility plan

(2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117 (1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.

Notice to Accessibility Commissioner

(3) 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 every version of its accessibility plan.

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

(6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117 (1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.

Duty to make plan available on request

(7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117 (1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

Conditions

(8) 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 accessibility plan is to be made available to the person making the request.

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117 (1).

Notice to Accessibility Commissioner

Progress Reports

Obligation

(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.

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.

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

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.

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

Power to exempt

(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.

Copy to Accessibility Commissioner

(2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).

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

Initial accessibility plan

(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.

Updated accessibility plan

(2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 54 (1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.

Notice to Commission

(3) 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 every version of its accessibility plan.

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

(6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition or regulation referred to in paragraphs (1)(

b) and (

c) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.

Duty to make plan available on request

(7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 54 (1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

Conditions

(8) 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 accessibility plan is to be made available to the person making the request.

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 54 (1).

Notice to Commission

(3) 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 the description of every version of its process.

Progress Reports

Obligation

(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.

Notice to Commission

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

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.

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

(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).

Obligation

Distinguishing — classes

(2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.

Exemptions

Power to exempt

(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.

Non-application of Statutory Instruments Act

Accessibility Plans — Regulations Under This Act

Initial accessibility plan

(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.

Updated accessibility plan

Notice to Accessibility Commissioner

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

Duty to make plan available on request

Conditions

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117 (1).

Notice to Accessibility Commissioner

Progress Reports

Obligation

(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.

Notice to Accessibility Commissioner

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

Duty to make progress report available on request

Conditions

Exemptions

Power to exempt

(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.

Copy to Accessibility Commissioner

(2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).

Non-application of Statutory Instruments Act

Regulated Entities in the Transportation Network

Accessibility Plans — Regulations Under the Canada Transportation Act

Initial accessibility plan

(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

(

b) the provisions of regulations made under subsection 170(1) of the Canada Transportation Act that apply to it.

Updated accessibility plan

(2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 63 (1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.

Notice to Agency

(3) 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 every version of its accessibility plan.

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

(6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 170(1) of the Canada Transportation Act unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.

Duty to make plan available on request

(7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 63 (1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

Conditions

(8) 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 accessibility plan is to be made available to the person making the request.

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 63 (1).

Notice to Agency

Progress Reports

Obligation

(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.

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.

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

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.

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

(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).

Obligation

(1.1) The Canadian Transportation Agency must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force.

Distinguishing — classes

(2) Regulations made under subsection (1) may distinguish among different classes of regulated entities.

Exemptions

Power to exempt

(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.

Non-application of Statutory Instruments Act

Accessibility Plans — Regulations Under This Act

Initial accessibility plan

(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

(

b) the provisions of regulations made under subsection 117 (1) that apply to it.

Updated accessibility plan

Notice to Accessibility Commissioner

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

Duty to make plan available on request

Conditions

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117 (1).

Notice to Accessibility Commissioner

Progress Reports

Obligation

(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.

Notice to Accessibility Commissioner

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

Duty to make progress report available on request

Conditions

Exemptions

Power to exempt

(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.

Copy to Accessibility Commissioner

(2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).

Non-application of Statutory Instruments Act

Other Regulated Entities

Accessibility Plans — Regulations Under This Act

Initial accessibility plan

(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.

Updated accessibility plan

Notice to Accessibility Commissioner

Duty to consult

(4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

Manner of consultation

(5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

Applicable requirements

Duty to make plan available on request

Conditions

Principles

(9) The regulated entity must take into account the principles set out in

section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Establishment of process

(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.

Publication

(2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117 (1).

Notice to Accessibility Commissioner

Progress Reports

Obligation

(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.

Notice to Accessibility Commissioner

Duty to consult

(3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

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.

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.

Duty to make progress report available on request

Conditions

Exemptions

Power to exempt

(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.

Copy to Accessibility Commissioner

(2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).

Non-application of Statutory Instruments Act

PART 5

Administration and Enforcement

Inspections

Power to enter

(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.

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.

Means of telecommunication

(3) For the purposes of subsection (1), the Accessibility Commissioner is considered to have entered a place when accessing it remotely by a means of telecommunication.

Limitation — place not accessible to the public

(4) The Accessibility Commissioner who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

Accompanying individual

(5) The Accessibility Commissioner may be accompanied by any other individual the Accessibility Commissioner believes is necessary to help him or her exercise his or her powers or perform his or her duties or functions under this section.

Entering private property

(6) The Accessibility Commissioner and any individual accompanying him or her may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

Consent required to enter dwelling-house

(7) In the case of a dwelling-house, the Accessibility Commissioner may enter it only with the consent of an occupant.

Assistance

(8) The owner or other person in charge of a place entered by the Accessibility Commissioner or his or her delegate under subsection (1) and every individual found in the place must give the Accessibility Commissioner or the delegate, as the case may be, all reasonable assistance in the individual’s power and provide the Accessibility Commissioner or delegate with any information that the Accessibility Commissioner or delegate may reasonably require.

Production Order

Power to order production

(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.

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

Power to order termination of contravention

(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.

Copy

(2) The Accessibility Commissioner must cause the regulated entity to be served with a copy of the order.

Request for review

(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.

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.

Order in effect

(3) An order made under

section 75 continues to apply during a review unless the Accessibility Commissioner decides otherwise.

Decision on completion of review

(4) On completion of a review, the Accessibility Commissioner must confirm, amend, revoke or cancel the order.

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

Commission — regulated entity

(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).

Commission — person

(2) Every person that contravenes an order made under any of paragraphs 73 (2)(

i) to (

l) or contravenes subsection 73 (8) or

section 124 or 125 commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91 (1).

Exception

(3) Subsection (2) does not apply to a specified person as defined in subsection 140 (11).

Purpose of penalty

The purpose of a penalty is to promote compliance with this Act and not to punish.

Issuance of notice of violation

(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.

Summary of rights and obligations

(2) The notice of violation must also summarize, in plain language, the rights and obligations of the regulated entity or person under this Part, including their right referred to in subsection 80 (1), or their rights referred to in subsection 81 (2), and the procedure for exercising that right, or those rights, as the case may be.

Warning — right to request review

(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.

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.

Notices with penalty — payment

(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.

Alternatives to payment

(2) Instead of paying the penalty set out in a notice of violation or the lesser amount that may be paid in lieu of the penalty, the regulated entity or person named in the notice may, within the time and in the manner specified in the notice,

(

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.

Deeming

(3) If a regulated entity or person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice.

Entering into compliance agreements

(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.

Deeming

(2) A regulated entity or person that enters into a compliance agreement is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

Notice of compliance

(3) If the Accessibility Commissioner is satisfied that a regulated entity or person that has entered into a compliance agreement has complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of compliance, and once it is served,

(

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.

Notice of default

(4) If the Accessibility Commissioner is of the opinion that a regulated entity or person that has entered into a compliance agreement has not complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of default informing them of one of the following:

(

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.

Effect of service of notice of default — payment

(5) If served with a notice of default under paragraph (4)(a), the regulated entity or person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of default.

Effect of service of notice of default — forfeiture

(6) If served with a notice of default under paragraph (4)(b), the security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

Effect of payment

(7) If the regulated entity or person pays the amount set out in the notice of default within the time and in the manner specified in the notice of default, the Accessibility Commissioner must accept the amount in complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.

Refusal to enter into compliance agreement

(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.

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.

Deeming

(3) If the regulated entity or person does not pay the amount set out in the notice of violation within the time and in the manner specified in the notice of violation, they are deemed to have committed the violation identified in the notice of violation.

Review — with respect to facts

(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.

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.

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.

Notice of decision

(4) The Accessibility Commissioner must cause the regulated entity or person to be served with a notice that sets out the Accessibility Commissioner’s decision under this

section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Accessibility Commissioner, the time and manner in which that amount is to be paid.

Payment

(5) The regulated entity or person is liable to pay, within the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Accessibility Commissioner.

Effect of payment

(6) If a regulated entity or person pays the amount referred to in subsection (5), the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

Certain defences not available

(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.

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for

section 127 applies in respect of a violation to the extent that it is not inconsistent with this Act.

Party to violation

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.

Employees or agents or mandataries

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.

Continuing violation

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.

Evidence

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.

Limitation period or prescription

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.

Regulations

(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 .

Paragraph (1)(b)

(2) The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(

b) is $250,000.

Powers regarding notices of violation

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.

Publication

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

Right to file complaint

(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.

Exception — Federal Public Sector Labour Relations Act — employee

(2) An employee , 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 employee in subsection 206(1) of that Act.

Exception — Federal Public Sector Labour Relations Act — RCMP member

(3) An employee , 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.

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 .

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

Power to conduct investigation

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.

Notice

(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.

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.

Joint investigation

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.

Powers of Accessibility Commissioner

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).

Dispute resolution mechanisms

The Accessibility Commissioner may attempt to resolve complaints by means of a dispute resolution mechanism.

Discontinuance of investigation

(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.

Notice

(2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with written notice of the discontinuance of the investigation that sets out the reasons for the discontinuance and that specifies the time within which and the manner in which an application may be made for a review of the decision to discontinue the investigation.

Complaint dismissed

(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.

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.

Complaint substantiated

(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.

Amount

(2) The amount, for the purposes of each of paragraphs (1)(

e) and (f), is

(

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.

Definition of Consumer Price Index

(3) In subsection (2), Consumer Price Index , for a calendar year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in the calendar year.

Amount to be published

(4) The Accessibility Commissioner must, as soon as it is determined, publish the amount that is the amount for the purposes of paragraphs (1)(

e) and (

f) for each calendar year after the year during which subsection (1) comes into force.

Interest

(5) An order to pay compensation under paragraph (1)(

c) or (

d) may include an award of interest at a rate and for a period that the Accessibility Commissioner considers appropriate.

Copy

(6) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a copy of the order made under subsection (1) and a notice that specifies the time within which and the manner in which an application may be made for an appeal of the order.

Review by Accessibility Commissioner

(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.

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.

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.

Notice

(3) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice that sets out the Accessibility Commissioner’s decision under subsection (2) and the reasons for it.

Decision final

(4) Every decision made by the Accessibility Commissioner under any of paragraphs (2)(

a) to (

d) is final and is not to be questioned or reviewed in any court.

Appeal

(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.

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.

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.

Assignment of member

(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.

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.

Decision

(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.

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.

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.

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.

Decision final

(4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court.

Report of activities

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.

Regulations

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

Duty to act informally and expeditiously

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.

Disclosure of personal information

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

Special advisor

(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.

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.

Reappointment

(3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office.

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

Remuneration and expenses

(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.

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

Advice

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.

Special report

(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.

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.

Assistance

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.

Annual report

(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.

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 8

General

Regulations

(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;

(

j) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or regulations made under this subsection;

(

k) respecting the circumstances under which reviews under

section 76 are to be oral or in writing;

(

l) exempting, on any terms that are specified in the regulations, in whole or in part, any of the following,

Document details

Collection	Annual Statutes
Citation	2019, c. 10
Type	statute
Volume / chapter	2019, c. 10
Language	en
Format	xml
Source	JUSTICE_LAWS
Identifier	7590715e96c250ade648b40fb9dcca52105a5034

Source file is stored in the law ingest library (xml).