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

Regulations

Marginal note:Regulations

• 63 (1) The Canadian Transportation Agency may, with the approval of the Governor in Council given on the recommendation of the Minister of Transport, make regulations

  • (a) fixing or determining, for the purposes of subsection 60(1), a day in respect of a regulated entity;

  • (b) specifying the form in which accessibility plans required by subsections 60(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 61(1);

  • (c) specifying the form and manner in which descriptions of the feedback process required by subsection 61(1) are to be published;

  • (d) specifying the form in which progress reports required by subsection 62(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 60(2), (3), (7) and (8), 61(3) and 62(2), (6) and (7).

• Marginal note:Obligation

  (1.1) The Canadian Transportation Agency 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

• 64 (1) The Canadian Transportation Agency, with the approval of the Minister of Transport, may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 60 to 62, on any terms that the Agency 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.

Accessibility Plans — Regulations Under This Act

Marginal note:Initial accessibility plan

• 65 (1) A regulated entity referred to in subsection 60(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), 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

    • (i) the areas referred to in paragraphs 5(a) and (g),

    • (ii) the built environment, other than passenger aircraft, passenger trains, passenger buses, passenger vessels, aerodrome passenger terminals, railway passenger stations, bus passenger stations or marine passenger terminals, and

    • (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(a) and (g) and to the built environment referred to in subparagraph (ii); and

  • (b) the provisions of regulations made under subsection 117(1) that apply to it.

• Marginal note:Updated accessibility plan

  (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(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 Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(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 regulations made under subsection 117(1) 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 117(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 117(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

• 66 (1) A regulated entity referred to in subsection 60(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 the regulated entity’s employees and by other 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 117(1).

• Marginal note:Notice to Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.

Progress Reports

Marginal note:Obligation

• 67 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.

• Marginal note:Notice to Accessibility Commissioner

  (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(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 117(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 117(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.

Exemptions

Marginal note:Power to exempt

• 68 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 65 to 67, on any terms that the Minister 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: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 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.

Other Regulated Entities

Accessibility Plans — Regulations Under This Act

Marginal note:Initial accessibility plan

• 69 (1) A regulated entity – other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), 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(a) to (g); and

  • (b) the provisions of regulations made under subsection 117(1) that apply to it.

• Marginal note:Updated accessibility plan

  (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(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 Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(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 regulations made under subsection 117(1) 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 117(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 117(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

• 70 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(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 the regulated entity’s employees and by other 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 117(1).

• Marginal note:Notice to Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.

Progress Reports

Marginal note:Obligation

• 71 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.

• Marginal note:Notice to Accessibility Commissioner

  (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(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 117(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 117(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.

Exemptions

Marginal note:Power to exempt

• 72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 69 to 71, on any terms that the Minister 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: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 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.