Accessible Canada Act (S.C. 2019, c. 10)
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Assented to 2019-06-21
PART 10Related Amendments (continued)
1993, c. 38Telecommunications Act (continued)
163 Section 51 of the Act is replaced by the following:
Marginal note:Mandatory and restraining orders
51 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act.
Marginal note:2014, c. 39, s. 209(2)
164 (1) Subsection 71(1) of the Act is replaced by the following:
Marginal note:Designation of inspectors
71 (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, with sections 51 to 53 of the Accessible Canada Act and with the decisions of the Commission under this Act.
Marginal note:2014, c. 39, s. 209(3)
(2) Paragraph 71(4)(a) of the Act is replaced by the following:
(a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act, and examine the document, information or thing or remove it for examination or reproduction;
Marginal note:2014, c. 12, s. 137(5)
(3) Subsection 71(9) of the Act is replaced by the following:
Marginal note:Information requirement
(9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.
Marginal note:2014, c. 39, s. 201
165 The portion of section 72.001 of the Act before paragraph (a) is replaced by the following:
Marginal note:Commission of violation
72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable
1996, c. 10Canada Transportation Act
Marginal note:2007, c. 19, s. 2
166 Paragraph 5(d) of the Canada Transportation Act is replaced by the following:
167 Subsection 42(2) of the Act is replaced by the following:
Marginal note:Additional content
(2) The Agency shall include in every report referred to in subsection (1)
(a) the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act;
(b) in respect of the year to which the report relates, information about, including the number of, the following:
(i) inspections conducted under this Act for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act,
(ii) orders made under section 181.2,
(iii) orders, in writing, made under section 26 that require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act,
(iv) notices of violation issued under section 180 that identify a violation referred to in subsection 177(3), and
(v) inquiries made under any of sections 172, 172.1 and 172.3;
(c) the Agency’s observations about whether the information referred to in paragraph (b) discloses any systemic or emerging issues in respect of any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities; and
(d) any other information prescribed by regulations made under subsection (2.01).
Marginal note:Regulations
(2.01) For the purpose of paragraph (2)(d), the Governor in Council may make regulations prescribing information about any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities.
168 The heading of Part V of the French version of the Act is replaced by the following:
Transport des personnes handicapées
169 The Act is amended by adding the following before section 170:
Marginal note:Definitions
169.5 The following definitions apply in paragraph 5(d.1) and this Part.
- barrier
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)
- disability
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)
170 (1) The portion of subsection 170(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations
170 (1) The Agency may, after consulting with the Minister, make regulations for the purpose of identifying or removing barriers or preventing new barriers — particularly barriers in the built environment, information and communication technologies and the design and delivery of programs and services — in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities, including regulations respecting
(2) Paragraph 170(1)(c) of the French version of the Act is replaced by the following:
c) toute mesure concernant les tarifs, taux, prix, frais et autres conditions de transport applicables au transport et aux services connexes offerts aux personnes handicapées;
(3) Section 170 of the Act is amended by adding the following after subsection (3):
Marginal note:Exemption
(4) On application and after consulting with the Minister, the Agency may, by order, on any terms that it considers necessary,
(a) exempt a person from the application of regulations made under subsection (1) if the Agency is satisfied that the person has taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers; or
(b) exempt a class of persons from the application of regulations made under subsection (1) if the Agency is satisfied that all the members of the class have taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers.
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.
- Date modified: