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

Administrative Monetary Penalties

Marginal note:Commission — regulated entity

• 77 (1) Every regulated entity that contravenes any of the following commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1):

  • (a) any of subsections 47(1) to (4) and (7), 48(1) to (3), 49(1) to (3) and (6), 56(1) to (4) and (7), 57(1) to (3), 58(1) to (3) and (6), 65(1) to (4) and (7), 66(1) to (3), 67(1) to (3) and (6), 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126;

  • (b) an order made under section 74;

  • (c) an order made under subsection 75(1) or amended under subsection 76(4); and

  • (d) a provision of regulations made under subsection 117(1).

• Marginal note:Commission — person

  (2) Every person that contravenes an order made under any of paragraphs 73(2)(i) to (l) or contravenes subsection 73(8) or section 124 or 125 commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1).

• Marginal note:Exception

  (3) Subsection (2) does not apply to a specified person as defined in subsection 140(11).

Marginal note:Purpose of penalty

78 The purpose of a penalty is to promote compliance with this Act and not to punish.

Marginal note:Issuance of notice of violation

• 79 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity or person has committed a violation, the Accessibility Commissioner may issue, and must cause to be served on the regulated entity or person, a notice of violation that names the regulated entity or person, identifies the violation and

  • (a) contains a warning; or

  • (b) sets out

    • (i) the penalty for the violation that the regulated entity or person is liable to pay,

    • (ii) the particulars concerning the time and manner of payment of the penalty, and

    • (iii) the lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.

• Marginal note:Summary of rights and obligations

  (2) The notice of violation must also summarize, in plain language, the rights and obligations of the regulated entity or person under this Part, including their right referred to in subsection 80(1), or their rights referred to in subsection 81(2), and the procedure for exercising that right, or those rights, as the case may be.

Marginal note:Warning — right to request review

• 80 (1) A regulated entity or person that is served with a notice of violation that sets out a warning may, within the time and in the manner specified in the notice, request a review of the acts or omissions that constitute the violation.

• Marginal note:Warning — right not exercised

  (2) If a regulated entity or person that is served with a notice of violation that contains a warning does not exercise the right referred to in subsection (1) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice of violation.

Marginal note:Notices with penalty — payment

• 81 (1) If a notice of violation sets out a penalty and the regulated entity or person named in the notice pays, within the time and in the manner specified in the notice, the amount of the penalty or the lesser amount set out in the notice,

  • (a) they are deemed to have committed the violation in respect of which the amount is paid;

  • (b) the Accessibility Commissioner must accept that amount in complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty set out in a notice of violation or the lesser amount that may be paid in lieu of the penalty, the regulated entity or person named in the notice may, within the time and in the manner specified in the notice,

  • (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provisions of this Act or of regulations made under subsection 117(1), or the order, to which the violation relates; or

  • (b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty.

• Marginal note:Deeming

  (3) If a regulated entity or person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice.

Marginal note:Entering into compliance agreements

• 82 (1) After considering a request made under paragraph 81(2)(a), the Accessibility Commissioner may enter into a compliance agreement, as described in that paragraph, with the regulated entity or person making the request on any terms that the Accessibility Commissioner considers appropriate. The terms may

  • (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Accessibility Commissioner, as a guarantee that the regulated entity or person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

• Marginal note:Deeming

  (2) A regulated entity or person that enters into a compliance agreement is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

• Marginal note:Notice of compliance

  (3) If the Accessibility Commissioner is satisfied that a regulated entity or person that has entered into a compliance agreement has complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of compliance, and once it is served,

  • (a) the proceedings commenced in respect of the violation are ended; and

  • (b) any security given under the compliance agreement must be returned to them.

• Marginal note:Notice of default

  (4) If the Accessibility Commissioner is of the opinion that a regulated entity or person that has entered into a compliance agreement has not complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of default informing them of one of the following:

  • (a) that instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default, and without taking account of the limit set out in subsection 91(2), an amount that is twice the amount of that penalty;

  • (b) that the security, if any, given under the compliance agreement will be forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of service of notice of default — payment

  (5) If served with a notice of default under paragraph (4)(a), the regulated entity or person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of default.

• Marginal note:Effect of service of notice of default — forfeiture

  (6) If served with a notice of default under paragraph (4)(b), the security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

• Marginal note:Effect of payment

  (7) If the regulated entity or person pays the amount set out in the notice of default within the time and in the manner specified in the notice of default, the Accessibility Commissioner must accept the amount in complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.

Marginal note:Refusal to enter into compliance agreement

• 83 (1) If the Accessibility Commissioner refuses to enter into a compliance agreement requested under paragraph 81(2)(a), the regulated entity or person that made the request is liable to pay, within the time and in the manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.

• Marginal note:Effect of payment

  (2) If the regulated entity or person pays the amount set out in the notice of violation within the time and in the manner specified in the notice of violation,

  • (a) they are deemed to have committed the violation in respect of which the amount is paid;

  • (b) the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation; and

  • (c) the proceedings commenced in respect of the violation are ended.

• Marginal note:Deeming

  (3) If the regulated entity or person does not pay the amount set out in the notice of violation within the time and in the manner specified in the notice of violation, they are deemed to have committed the violation identified in the notice of violation.

Marginal note:Review — with respect to facts

• 84 (1) On completion of a review requested under subsection 80(1), or under paragraph 81(2)(b) with respect to the acts or omissions that constitute the violation, the Accessibility Commissioner must determine, on a balance of probabilities, whether the regulated entity or person that requested the review committed the violation.

• Marginal note:Violation not committed — effect

  (2) If the Accessibility Commissioner determines under subsection (1) that the regulated entity or person did not commit the violation, the proceedings commenced in respect of it are ended.

• Marginal note:Violation committed — penalty

  (3) If the Accessibility Commissioner determines that the regulated entity or person committed the violation, and a penalty was set out in the notice of violation, the Accessibility Commissioner must determine whether the amount of the penalty was fixed in accordance with regulations made under subsection 91(1) and

  • (a) if the Accessibility Commissioner determines that it was correctly fixed, he or she must confirm the amount of the penalty; and

  • (b) if the Accessibility Commissioner determines that it was not correctly fixed, he or she must correct the amount.

• Marginal note:Notice of decision

  (4) The Accessibility Commissioner must cause the regulated entity or person to be served with a notice that sets out the Accessibility Commissioner’s decision under this section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Accessibility Commissioner, the time and manner in which that amount is to be paid.

• Marginal note:Payment

  (5) The regulated entity or person is liable to pay, within the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Accessibility Commissioner.

• Marginal note:Effect of payment

  (6) If a regulated entity or person pays the amount referred to in subsection (5), the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

Marginal note:Certain defences not available

• 85 (1) A regulated entity or person named in a notice of violation does not have a defence by reason that they

  • (a) exercised due diligence to prevent the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate them.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for section 127 applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Party to violation

86 If a regulated entity commits a violation, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the regulated entity is proceeded against under this Act:

• (a) an officer, director, agent or mandatary of the regulated entity;

• (b) a senior official of the regulated entity; or

• (c) any other person authorized to exercise managerial or supervisory functions on behalf of the regulated entity.

Marginal note:Employees or agents or mandataries

87 A regulated entity is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified.

Marginal note:Continuing violation

88 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.

Marginal note:Evidence

89 In any proceeding in respect of a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.

Marginal note:Limitation period or prescription

90 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose.

Marginal note:Regulations

• 91 (1) The Governor in Council may make regulations

  • (a) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (b) fixing a penalty, or a range of penalties, in respect of each violation;

  • (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

  • (d) respecting the determination of a lesser amount for the purposes of subparagraph 79(1)(b)(iii) and the time and manner in which it is to be paid;

  • (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty for a violation may be reduced under the terms of a compliance agreement entered into under subsection 82(1);

  • (f) respecting the circumstances under which reviews under section 84 are to be oral or in writing; and

  • (g) specifying information for the purposes of section 93.

• Marginal note:Paragraph (1)(b)

  (2) The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(b) is $250,000.

Marginal note:Powers regarding notices of violation

92 The Accessibility Commissioner may establish the form of notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.

Marginal note:Publication

93 The Accessibility Commissioner may make public

• (a) the name of a regulated entity or person that is determined under section 84, or that is deemed by this Act, to have committed a violation;

• (b) the nature of the violation;

• (c) the amount of the penalty imposed, if any; and

• (d) any other information specified in regulations made under subsection 91(1).

PART 6Remedies

Filing of Complaint

Marginal note:Right to file complaint

• 94 (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of — or that has otherwise been adversely affected by — a contravention by a regulated entity of any provision of regulations made under subsection 117(1) may file with the Accessibility Commissioner a complaint that is in a form acceptable to the Accessibility Commissioner.

• Marginal note:Exception — Federal Public Sector Labour Relations Act — employee

  (2) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 208 of that Act, determined without taking into account subsection 208(2) of that Act and the definition of employee in subsection 206(1) of that Act.

• Marginal note:Exception — Federal Public Sector Labour Relations Act — RCMP member

  (3) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is an RCMP member is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 238.24 of that Act, determined without taking into account subsection 208(2) of that Act.

• Marginal note:Exception — Public Service Employment Act

  (4) An individual is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to make a complaint in respect of that contravention under section 65 or 77 of the Public Service Employment Act.

• Marginal note:Notice

  (5) The Accessibility Commissioner must cause a written notice of a complaint to be served on the regulated entity against which the complaint was made.