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

Marginal note:Immunity

41 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 4Duties of Regulated Entities

Regulated Entities That Carry On Broadcasting Undertakings

Accessibility Plans — Requirements Under the Broadcasting Act

Marginal note:Initial accessibility plan

• 42 (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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

Marginal note:Establishment of process

• 43 (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.

• Marginal note:Publication

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

• Marginal note: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 the description of every version of its process.

Progress Reports

Marginal note:Obligation

• 44 (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.

• Marginal note: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.

• Marginal note:Duty to consult

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

Marginal note:Regulations

• 45 (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).

• Marginal note: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.

• Marginal note:Distinguishing — classes

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

Exemptions

Marginal note:Power to exempt

• 46 (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.

• Marginal note: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.