Accessible Canada Act (S.C. 2019, c. 10)

Marginal note:Application of Part 6

• 141 (1) Subject to subsections (2) and (3), sections 94 to 104, subsection 106(1) and sections 108 to 110 apply with respect to a parliamentary entity as if it were a regulated entity.

• Marginal note:Exception

  (2) An individual is not entitled to file a complaint under subsection 94(1) in respect of a contravention by a parliamentary entity of any provision of regulations made under subsection 117(1) if the individual is entitled to present a grievance under section 62 of the Parliamentary Employment and Staff Relations Act in respect of the contravention.

• Marginal note:Appeal

  (3) An appeal with respect to a parliamentary entity under subsection 104(1) is to be made to the Federal Public Sector Labour Relations and Employment Board instead of to the Canadian Human Rights Tribunal and, with respect to such an appeal, a reference to the member or panel of members of the Tribunal in subsection 106(1) is to be read as a reference to a panel of the Board.

• Marginal note:For greater certainty

  (4) For greater certainty, section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply with respect to an order of the Federal Public Sector Labour Relations and Employment Board made with respect to an appeal under subsection 104(1).

Marginal note:Application of Part 8 — regulations

• 142 (1) Regulations made under any of paragraphs 117(1)(a) to (l) — and under paragraph 117(1)(m) with respect to sections 69 to 71 — apply with respect to a parliamentary entity as if it were a regulated entity, but only to the extent that the regulations apply generally to regulated entities that are departments named in Schedule I to the Financial Administration Act.

• Marginal note:Exemption

  (2) On application by a parliamentary entity and after consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may, in writing and on any terms that they consider necessary, exempt the parliamentary entity from the application of any provision of the regulations referred to in subsection (1) if the Speaker or Speakers are satisfied that the parliamentary entity will take or has taken measures that will result in an equivalent or greater level of accessibility for persons with disabilities.

• Marginal note:Amendment or revocation

  (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.

• Marginal note:Statutory Instruments Act

  (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act.

• Marginal note:Sections 122 to 125, 127 and 131

  (5) Sections 122 to 125, 127 and 131 apply with respect to a parliamentary entity.

• Marginal note:Sections 126 and 132

  (6) Sections 126 and 132 apply with respect to a parliamentary entity as if it were a regulated entity.

Notification of Speakers

Marginal note:Notification — entrance into place

• 143 (1) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under section 73 or paragraph 98(d), a place that is under the authority of a parliamentary entity.

• Marginal note:Other notifications

  (2) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she

  • (a) makes an order with respect to a parliamentary entity under section 74;

  • (b) makes a compliance order with respect to a parliamentary entity under section 75;

  • (c) makes a decision under subsection 76(4) in respect of a compliance order referred to in paragraph (b);

  • (d) begins to conduct an investigation of a parliamentary entity under section 95;

  • (e) makes an order under subsection 102(1) with respect to a parliamentary entity;

  • (f) issues a notice of contravention under subsection 140(1) or (2);

  • (g) makes a decision under subsection 140(5); or

  • (h) causes a notice of compliance or default to be served under subsection 140(8).

• Marginal note:Notice or order — complaint

  (3) Whenever the Accessibility Commissioner causes a parliamentary entity to be served with a notice under subsection 94(5), 96(1), 100(2), 101(2) or 103(3), the Accessibility Commissioner must provide a copy to the Speaker of the Senate or the Speaker of the House of Commons, or both.

Marginal note:Notification — appeal under subsection 104(1)

• 144 (1) The Federal Public Sector Labour Relations and Employment Board must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Board receives a request for appeal of a decision or order with respect to a parliamentary entity under subsection 104(1).

• Marginal note:Power of Speakers

  (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought,

  • (a) the Board must, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and

  • (b) the Speaker may present evidence and make representations to the Board in the appeal.

Marginal note:Non-compliance with compliance order

• 145 (1) The Accessibility Commissioner must provide to the Speaker of the Senate or the Speaker of the House of Commons, or both, a compliance order that is made under section 75 or amended under subsection 76(4) with respect to a parliamentary entity, if the order is not complied with.

• Marginal note:Order under subsection 102(1)

  (2) The Accessibility Commissioner must provide an order made under subsection 102(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with.

• Marginal note:Order under subsection 106(1)

  (3) The Federal Public Sector Labour Relations and Employment Board must, at the request of the Accessibility Commissioner or the complainant, provide an order made under subsection 106(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with.

Marginal note:Tabling by Speaker

146 The Speaker of the Senate or the Speaker of the House of Commons, or both, must, within a reasonable time after receiving it, table every notice of default received under paragraph 143(2)(h) and every order received under section 145 in the House over which the Speaker presides.

PART 10Related Amendments

R.S., c. C-22Canadian Radio-television and Telecommunications Commission Act

147 Section 13 of the Canadian Radio-television and Telecommunications Commission Act is renumbered as subsection 13(1) and is amended by adding the following: