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

Marginal note:Registration of certificate

• 180.7 (1) If the time limit for the payment of the amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

Marginal note:References to “Minister”

• 180.8 (1) In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.

Marginal note:Publication

181.1 The Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act.

Production Order

Marginal note:Power to order production

• 181.2 (1) The Agency may, by order, 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, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose.

• Marginal note:Copies

  (2) The Agency may

  • (a) make copies or take extracts from any record, report, electronic data or other document produced under an order made under subsection (1); and

  • (b) reproduce any document from electronic data referred to in paragraph (a), or cause it to be reproduced, in the form of a printout or other output.

• Marginal note:Delegation

  (3) The Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (4) Each person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency.

Marginal note:Reference to adjudication

209.1 In addition to his or her rights under section 209, an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, and the grievance is related to that contravention.

Marginal note:Notice to Accessibility Commissioner

• 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Marginal note:Exception

211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to

Marginal note:Decision final and binding

214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it.

Marginal note:Notice to Accessibility Commissioner

• 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Marginal note:Notice to Accessibility Commissioner

• 222.1 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

• (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part;

• Marginal note:Inconsistency — clarification

  (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and 209(1) and (2) and section 209.1 are inconsistent with this Part.