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

National AccessAbility Week

Marginal note:Designation

133 Throughout Canada, in each year, the week starting on the last Sunday in May is to be known as National AccessAbility Week.

PART 9Parliamentary Entities

Definition and Application

Marginal note:Definition of parliamentary entity

134 In this Part, parliamentary entity means

• (a) the Senate, as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;

• (b) the House of Commons, as represented by the Board of Internal Economy of the House of Commons;

• (c) the Library of Parliament;

• (d) the office of the Senate Ethics Officer;

• (e) the office of the Conflict of Interest and Ethics Commissioner;

• (f) the Parliamentary Protective Service; and

• (g) the office of the Parliamentary Budget Officer.

Marginal note:Application of other Parts

135 Parts 4 to 6 and 8 apply in respect of parliamentary entities only to the extent provided for in this Part.

Marginal note:Constituency offices

136 For greater certainty, this Part applies with respect to the constituency offices of members of the House of Commons.

Parliamentary Powers, Privileges and Immunities

Marginal note:Powers, privileges and immunities

137 For greater certainty, nothing in this Act or in any regulations made under it is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty under this Act if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.

Application

Marginal note:Application of Part 4

• 138 (1) Sections 69 to 71 apply with respect to a parliamentary entity as if it were a regulated entity.

• Marginal note:Exemption

  (2) After consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may exempt in writing a parliamentary entity from the application of all or any part of sections 69 to 71, on any terms that the Speaker or Speakers consider necessary.

• Marginal note:Amendment or revocation

  (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.

• Marginal note:Statutory Instruments Act

  (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Application of Part 5 — inspection

• 139 (1) Section 73 applies with respect to a parliamentary entity.

• Marginal note:Orders

  (2) Sections 74 to 76 apply with respect to a parliamentary entity as if it were a regulated entity.

Marginal note:Contravention — parliamentary entity

• 140 (1) The Accessibility Commissioner may issue a notice of contravention to a parliamentary entity, and must cause it to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the parliamentary entity has contravened

  • (a) any of subsections 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); or

  • (d) a provision of regulations made under subsection 117(1) that applies with respect to the parliamentary entity.

• Marginal note:Contravention — specified person

  (2) The Accessibility Commissioner may issue a notice of contravention to a specified person, and must cause them to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the specified person has contravened an order made under any of paragraphs 73(2)(i) to (l) or has contravened subsection 73(8) or section 124 or 125.

• Marginal note:Contents of notice

  (3) A notice of contravention must

  • (a) name the parliamentary entity or specified person;

  • (b) identify the contravention;

  • (c) summarize, in plain language, the rights and obligations of the parliamentary entity or specified person under this section, including their right to request to enter into a compliance agreement with the Accessibility Commissioner or request a review of the acts or omissions that constitute the contravention; and

  • (d) set out the time and manner — as determined by the Accessibility Commissioner — in which the parliamentary entity or specified person may make a request under subsection (4).

• Marginal note:Options

  (4) A parliamentary entity or specified person that is served with a notice of contravention may, within the time and in the manner set out in the notice,

  • (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provision or order to which the notice relates; or

  • (b) request a review of the acts or omissions that constitute the contravention.

• Marginal note:Review

  (5) On completion of a review requested under paragraph (4)(b), the Accessibility Commissioner must determine, on a balance of probabilities, whether the parliamentary entity or specified person committed the contravention and confirm or cancel the notice of contravention. The Accessibility Commissioner must cause the parliamentary entity or specified person to be served with a notice setting out the decision under this subsection and must, if the notice of contravention is confirmed, specify in the notice the time and the manner in which they may make a request under subsection (6).

• Marginal note:Request for compliance agreement

  (6) If the Accessibility Commissioner confirms the notice of contravention on review, the parliamentary entity or specified person may, within the time and in the manner set out in the notice of decision, request to enter into a compliance agreement as set out in paragraph (4)(a).

• Marginal note:Entering into compliance agreement

  (7) After considering a request to enter into a compliance agreement, the Accessibility Commissioner may enter into a compliance agreement with the parliamentary entity or specified person on any terms that the Accessibility Commissioner considers appropriate, other than any terms that would provide for a deposit of security or for a penalty.

• Marginal note:Notice

  (8) If the Accessibility Commissioner is satisfied that a parliamentary entity or specified person that has entered into a compliance agreement has complied with it, he or she must cause the parliamentary entity or specified person to be served with a notice of compliance. If he or she is satisfied that the parliamentary entity or specified person has not complied with the agreement, he or she must cause them to be served with a notice of default.

• Marginal note:Limitation period or prescription

  (9) No notice of contravention is to be issued after the expiry of two years after the day on which the subject matter of the contravention arose.

• Marginal note:Application — sections 85 and 87

  (10) Sections 85 and 87 apply with respect to contraventions referred to in this section, with any reference to a regulated entity to be read as a reference to a parliamentary entity, any reference to a person to be read as a reference to a specified person and any reference to a violation to be read as a reference to a contravention.

• Marginal note:Definition of specified person

  (11) In this section, specified person means a person performing duties and functions in the course of the activities or business of a parliamentary entity.

Marginal note:Application of Part 6

• 141 (1) Subject to subsections (2) and (3), sections 94 to 104, subsection 106(1) and sections 108 to 110 apply with respect to a parliamentary entity as if it were a regulated entity.

• Marginal note:Exception

  (2) An individual is not entitled to file a complaint under subsection 94(1) in respect of a contravention by a parliamentary entity of any provision of regulations made under subsection 117(1) if the individual is entitled to present a grievance under section 62 of the Parliamentary Employment and Staff Relations Act in respect of the contravention.

• Marginal note:Appeal

  (3) An appeal with respect to a parliamentary entity under subsection 104(1) is to be made to the Federal Public Sector Labour Relations and Employment Board instead of to the Canadian Human Rights Tribunal and, with respect to such an appeal, a reference to the member or panel of members of the Tribunal in subsection 106(1) is to be read as a reference to a panel of the Board.

• Marginal note:For greater certainty

  (4) For greater certainty, section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply with respect to an order of the Federal Public Sector Labour Relations and Employment Board made with respect to an appeal under subsection 104(1).

Marginal note:Application of Part 8 — regulations

• 142 (1) Regulations made under any of paragraphs 117(1)(a) to (l) — and under paragraph 117(1)(m) with respect to sections 69 to 71 — apply with respect to a parliamentary entity as if it were a regulated entity, but only to the extent that the regulations apply generally to regulated entities that are departments named in Schedule I to the Financial Administration Act.

• Marginal note:Exemption

  (2) On application by a parliamentary entity and after consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may, in writing and on any terms that they consider necessary, exempt the parliamentary entity from the application of any provision of the regulations referred to in subsection (1) if the Speaker or Speakers are satisfied that the parliamentary entity will take or has taken measures that will result in an equivalent or greater level of accessibility for persons with disabilities.

• Marginal note:Amendment or revocation

  (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it.

• Marginal note:Statutory Instruments Act

  (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act.

• Marginal note:Sections 122 to 125, 127 and 131

  (5) Sections 122 to 125, 127 and 131 apply with respect to a parliamentary entity.

• Marginal note:Sections 126 and 132

  (6) Sections 126 and 132 apply with respect to a parliamentary entity as if it were a regulated entity.

Notification of Speakers

Marginal note:Notification — entrance into place

• 143 (1) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under section 73 or paragraph 98(d), a place that is under the authority of a parliamentary entity.

• Marginal note:Other notifications

  (2) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she

  • (a) makes an order with respect to a parliamentary entity under section 74;

  • (b) makes a compliance order with respect to a parliamentary entity under section 75;

  • (c) makes a decision under subsection 76(4) in respect of a compliance order referred to in paragraph (b);

  • (d) begins to conduct an investigation of a parliamentary entity under section 95;

  • (e) makes an order under subsection 102(1) with respect to a parliamentary entity;

  • (f) issues a notice of contravention under subsection 140(1) or (2);

  • (g) makes a decision under subsection 140(5); or

  • (h) causes a notice of compliance or default to be served under subsection 140(8).

• Marginal note:Notice or order — complaint

  (3) Whenever the Accessibility Commissioner causes a parliamentary entity to be served with a notice under subsection 94(5), 96(1), 100(2), 101(2) or 103(3), the Accessibility Commissioner must provide a copy to the Speaker of the Senate or the Speaker of the House of Commons, or both.