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

Marginal note:Limited application — broadcasting

• 118 (1) Subject to subsections (2) and (3), regulations made under subsection 117(1) apply in respect of a regulated entity that carries on a broadcasting undertaking only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.

• Marginal note:Non-application — employment equity

  (2) Regulations made under subsection 117(1) that are in relation to employment do not apply in respect of a regulated entity that carries on a broadcasting undertaking and that is not subject to the Employment Equity Act.

• Marginal note:Non-application — areas specified in regulations

  (3) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that carries on a broadcasting undertaking if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under

  • (a) a condition imposed under section 9.1 of the Broadcasting Act;

  • (b) an order under subsection 9(4) of that Act; or

  • (c) a regulation made under subsection 10(1) of that Act.

Marginal note:Limited application — telecommunications

• 119 (1) Subject to subsection (2), regulations made under subsection 117(1) apply in respect of a regulated entity that is a Canadian carrier or a telecommunications service provider only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs.

• Marginal note:Non-application — areas specified in regulations

  (2) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that is a Canadian carrier or telecommunications service provider if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under a condition imposed under section 24 or 24.1 of the Telecommunications Act or a regulation made under that Act.

Marginal note:Limited application — transportation

120 The only regulations made under subsection 117(1) that apply in respect of a regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act are those that relate to the identification and removal of barriers, and the prevention of new barriers, in the following areas:

• (a) employment;

• (b) the built environment, other than a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal;

• (c) the procurement of goods, services and facilities that are not related to the mobility of persons with disabilities;

• (d) areas designated under regulations made under paragraph 117(1)(b); and

• (e) the area referred to in paragraph 5(c.1) as it relates to the areas referred to paragraphs (a) to (d).

Marginal note:Exemption

• 121 (1) On application by a regulated entity, the Minister may, by order and on any terms that he or she considers necessary,

  • (a) exempt a regulated entity from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that the regulated entity has taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities; or

  • (b) exempt a class of regulated entities from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that all the members of the class have taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities.

  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:Copy to Accessibility Commissioner

  (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1).

• Marginal note:Non-application of Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order made under paragraph (1)(a), 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.

Marginal note:For greater certainty

121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.

Miscellaneous

Marginal note:Collaboration — complaints, applications and grievances

• 122 (1) The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to put in place mechanisms for the efficient and expeditious referral to the appropriate authority of accessibility-related complaints, applications and grievances.

• Marginal note:Notice of referral

  (2) If an authority referred to in subsection (1) decides not to deal with a complaint, application or grievance for one of the following reasons and it decides to refer the complaint, application or grievance to the appropriate authority, it must cause a written notice of its decision, and the reasons for it, to be served on the individual that filed the complaint or application, or presented the grievance, and on the individual or entity that is the subject of the complaint, application or grievance:

  • (a) the complaint, application or grievance is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under any Act of Parliament; or

  • (b) the complaint, application or grievance is beyond the jurisdiction of the authority required to serve the notice.

• Marginal note:Suspension of time

  (3) If an authority causes a notice under subsection (2) to be served, the period that begins on the day on which the complaint or application was filed or the grievance was referred to adjudication and that ends on the day on which the complaint, application, or grievance was referred to the appropriate authority is not to be included in the calculation of any time the individual has to avail themselves of any procedure under any Act of Parliament.

• Marginal note:Disclosure of information

  (4) An authority referred to in subsection (1) may, for the purpose of implementing the mechanisms referred to in subsection (1), disclose to the appropriate authority any information, including personal information, that is contained in a complaint, application or grievance that it refers to the appropriate authority.

Marginal note:Collaboration — policies and practices

123 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to foster complementary policies and practices in relation to accessibility-related matters.

Marginal note:Obstruction

124 It is prohibited to obstruct, by act or omission, the Accessibility Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act.

Marginal note:False statements — Accessibility Commissioner

125 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Accessibility Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act.

Marginal note:False statements — records, reports, etc.

126 It is prohibited for a regulated entity to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that it is required to prepare, retain or provide under this Act.

Marginal note:Section 126 of Criminal Code

127 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or of regulations made under subsection 117(1).

Marginal note:Debts to Her Majesty

• 128 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) costs incurred by Her Majesty in right of Canada in relation to the inspection of a place or the examination of any thing;

  • (b) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is served;

  • (c) every amount undertaken to be paid under a compliance agreement entered into with the Accessibility Commissioner under subsection 82(1), from the time the compliance agreement is entered into;

  • (d) the amount set out in a notice of default referred to in subsection 82(4), from the time the notice is served;

  • (e) the amount of a penalty confirmed or corrected in the Accessibility Commissioner’s notice of decision served under subsection 84(4), from the expiry of the time specified in the notice.

• Marginal note:Limitation period

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 81 to 84.

Marginal note:Certificate of default

• 129 (1) Any debt referred to in subsection 128(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Accessibility Commissioner.

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Enforcement of order

130 An order made under subsection 75(1) or amended under subsection 76(4) and an order made under subsection 102(1) or section 106 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Accessibility Commissioner filing in the Registry of the Court a copy of the order certified by the Accessibility Commissioner to be a true copy.

Marginal note:Review by Senate and House of Commons

• 131 (1) Five years after the day on which the first regulation is made under subsection 117(1), or as soon as feasible after that day, a comprehensive review of the provisions and operation of this Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

• Marginal note:Report

  (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is commenced, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee.

Marginal note:Independent review

• 132 (1) Five years after the first day on which a report is submitted under subsection 131(2) to either House of Parliament and every tenth anniversary of that day, the Minister must cause an independent review of the provisions and operation of this Act to be conducted, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.

• Marginal note:Duty to consult

  (2) The person or persons conducting the review must consult the public, persons with disabilities, organizations that represent the interests of persons with disabilities, regulated entities and organizations that represent the interests of regulated entities.