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

Marginal note:Canadian Forces

9 Nothing in this Act is to be construed as affecting the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.

Marginal note:Royal Canadian Mounted Police

10 Nothing in this Act is to be construed as affecting the principle that certain physical and other qualifications are necessary for appointment under the Royal Canadian Mounted Police Act or to prevent the establishment of requirements that are necessary to carry out functions and duties within the Royal Canadian Mounted Police.

PART 1Minister’s Powers, Duties and Functions

Marginal note:Mandate

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

• Marginal note:Powers

  (2) In carrying out his or her mandate, the Minister may, among other things,

  • (a) provide information, advice and assistance in relation to matters relating to accessibility; and

  • (b) promote, support and conduct research into the identification and removal of barriers and the prevention of new barriers.

Marginal note:Minister’s powers, duties and functions

12 The Minister’s powers, duties and functions extend to and include all matters relating to accessibility over which Parliament has jurisdiction and that are not by law assigned to any other Minister or to any department, board or agency of the Government of Canada.

Marginal note:Policies, programs and projects

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

Marginal note:Grants and contributions

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

Marginal note:Information

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

Marginal note:Coordination with provincial and territorial authorities

16 The Minister must make every reasonable effort to collaborate with provincial or territorial authorities with a view to coordinating efforts in relation to matters relating to accessibility.

PART 2Canadian Accessibility Standards Development Organization

Establishment

Marginal note:Canadian Accessibility Standards Development Organization

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

• Marginal note:Agent of Her Majesty

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

• Marginal note:Head office

  (3) The head office of the Standards Organization is to be at a place in Canada that is designated by the Governor in Council.

Mandate

Marginal note:Mandate

18 The Standards Organization’s mandate is to contribute to the realization of a Canada without barriers, on or before January 1, 2040, through, among other things,

• (a) the development and revision of accessibility standards;

• (b) the recommendation of accessibility standards to the Minister;

• (c) the provision of information, products and services in relation to the accessibility standards that it has developed or revised;

• (d) the promotion, support and conduct of research into the identification and removal of barriers and the prevention of new barriers; and

• (e) the dissemination of information, including information about best practices, in relation to the identification and removal of barriers and the prevention of new barriers.

Powers

Marginal note:Powers

19 The Standards Organization, in carrying out its mandate, may

• (a) enter into contracts, agreements or other arrangements with any person or entity, including any government, in the name of Her Majesty in right of Canada or in its own name;

• (b) make grants and contributions;

• (c) establish and register its own marks under the 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.

Marginal note:Other powers

20 The Standards Organization may develop accessibility standards for — or provide any information, product or service related to accessibility standards to — any person or entity, including any government in Canada or elsewhere.

Minister

Marginal note:Ministerial directions

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

• Marginal note:Non-application of Statutory Instruments Act

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

Board of Directors

Marginal note:Establishment and composition

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

Marginal note:Appointment and tenure

• 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term of not more than four years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.

• Marginal note:Appointment considerations

  (2) The appointment of directors is to be made having regard to the following considerations:

  • (a) that at all times, as far as possible, the majority of the directors are persons with disabilities;

  • (b) the importance of having directors that are representative of the diversity of Canadian society; and

  • (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.

• Marginal note: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.

• Marginal note:Reappointment

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

Marginal note:Remuneration and expenses

24 A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.

Marginal note:Benefits

25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.