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

Marginal note:Appointment and tenure

• 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term of not more than four years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.

• Marginal note:Appointment considerations

  (2) The appointment of directors is to be made having regard to the following considerations:

  • (a) that at all times, as far as possible, the majority of the directors are persons with disabilities;

  • (b) the importance of having directors that are representative of the diversity of Canadian society; and

  • (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.

• Marginal note:Persons not eligible for appointment

  (3) A person is not eligible to be appointed or to continue as a director if the person

  • (a) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) is a member of the Senate or House of Commons or a member of a provincial or territorial legislature; or

  • (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

• Marginal note:Reappointment

  (4) A director is eligible for reappointment in the same or another capacity.

Marginal note:Remuneration and expenses

24 A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.

Marginal note:Benefits

25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

Marginal note:Role of board of directors

26 The board of directors is responsible for

• (a) setting the strategic direction for the Standards Organization;

• (b) supervising and managing the Standards Organization’s activities and affairs; and

• (c) advising the Chief Executive Officer on matters relating to the Standards Organization’s mandate.

Marginal note:By-laws

• 27 (1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs.

• Marginal note:Copy to Minister

  (2) The board of directors must send a copy of every by-law to the Minister.

Marginal note:Advisory and other committees

28 The board of directors may, in accordance with the by-laws, appoint advisory or other committees.

Chair

Marginal note:Role of Chair

• 29 (1) The Chair presides over meetings of the board of directors and performs any other duties that are assigned by the board.

• Marginal note:Absence or incapacity of Chair

  (2) In the event of the absence or incapacity of the Chair, or a vacancy in that office, the Vice-Chair acts as Chair.

• Marginal note:Absence or incapacity of Chair and Vice-Chair

  (3) In the event of the absence or incapacity of the Chair and the Vice-Chair or a vacancy in both those offices, the Minister may authorize another director to act as Chair, but no director so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.

Chief Executive Officer

Marginal note:Appointment

• 30 (1) The Chief Executive Officer of the Standards Organization is to be appointed by the Governor in Council to hold office on a full-time basis during pleasure for a term of up to five years.

• Marginal note:Reappointment

  (2) The Chief Executive Officer is eligible for reappointment.

• Marginal note:Remuneration and expenses

  (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act.

• Marginal note:Benefits

  (4) The Chief Executive Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

Marginal note:Role of Chief Executive Officer

• 31 (1) The Chief Executive Officer is responsible for the Standards Organization’s day-to-day operations.

• Marginal note:Rank of deputy head

  (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.

• Marginal note:Absence or incapacity of Chief Executive Officer

  (3) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.

Marginal note:Committees

• 32 (1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards.

• Marginal note:Public notice

  (2) As soon as feasible after establishing a committee, the Chief Executive Officer must make the committee’s terms of reference and the names of its members available to the public.

Human Resources

Marginal note:Officers and employees

33 Officers and employees necessary for the proper conduct of the work of the Standards Organization are to be appointed in accordance with the Public Service Employment Act.

General

Marginal note:Recommended standards to be made public

34 The Standards Organization must make available to the public every accessibility standard that it recommends to the Minister under paragraph 18(b).

Marginal note:Inventions

35 Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Standards Organization and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Standards Organization.

Annual Report

Marginal note:Duty to submit

• 36 (1) The Standards Organization must, within three months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister.

• Marginal note:Tabling

  (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.

PART 3Accessibility Commissioner

Marginal note:Provision of information or advice

37 The Accessibility Commissioner may provide information or advice to the Minister in respect of issues arising from the administration and enforcement of this Act.

Marginal note:Special report

• 38 (1) The Accessibility Commissioner may report in writing to the Minister in respect of issues arising from the administration and enforcement of this Act.

• Marginal note:Publication

  (2) The Accessibility Commissioner may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.

Marginal note:Annual report

• 39 (1) The Accessibility Commissioner must, within three months after the end of each fiscal year, submit a report on his or her activities under this Act during that year to the Minister and provide the Minister of Justice with a copy of the report.

• Marginal note:Contents

  (2) The report must include

  • (a) information about the following in respect of the fiscal year, including their number:

    • (i) inspections conducted under section 73,

    • (ii) orders made under section 74,

    • (iii) orders made under section 75,

    • (iv) notices of violation issued under section 79, and

    • (v) complaints filed under subsection 94(1);

  • (b) the Accessibility Commissioner’s observations about whether the information referred to in paragraph (a) discloses any systemic or emerging accessibility issues; and

  • (c) information prescribed in regulations made under subsection 117(1).

• Marginal note:Tabling

  (3) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.

Marginal note:Delegation to any person

• 40 (1) Subject to subsection (2), the Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 37 to 39, 76, 82, 84, 93, 95 to 103 and 110 and subsections 140(5), (7) and (8) and the power to delegate under this subsection and subsection (2) — to any person, other than the Chief Commissioner of the Canadian Human Rights Commission.

• Marginal note:Delegation to member or staff of Commission

  (2) The Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under sections 93 and 95 to 103 to another member of the Canadian Human Rights Commission — other than the Chief Commissioner — or to a member of the staff of that Commission.

• Marginal note:Consultation

  (3) The Accessibility Commissioner must consult with the Chief Commissioner before delegating any power, duty or function to a member of the Canadian Human Rights Commission.

• Marginal note:Certificate of delegation — subsection (1)

  (4) Each person to whom powers, duties or functions are delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1), the person must, on request, produce the certificate to the occupant or person in charge of the place.

• Marginal note:Certificate of delegation — subsection (2)

  (5) Each person to whom powers, duties or functions are delegated under subsection (2) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1) or paragraph 98(d), the person must, on request, produce the certificate to the occupant or person in charge of the place.

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 imposed on the regulated entity under section 9.1 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.