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

PART 5Administration and Enforcement

Inspections

Marginal note:Power to enter

• 73 (1) Subject to subsection (7), the Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), enter any place, including a conveyance, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose.

• Marginal note:Other powers

  (2) The Accessibility Commissioner may, for that purpose,

  • (a) open and examine any receptacle or package found in the place;

  • (b) examine anything found in the place;

  • (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;

  • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

  • (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • (g) use or cause to be used any copying equipment at the place to make copies of any document;

  • (h) take photographs and make recordings and sketches;

  • (i) order the owner or person having possession of any thing to which any provision of regulations made under subsection 117(1) applies that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (k) order any person in that place to establish their identity to the Accessibility Commissioner’s satisfaction, or to the satisfaction of the Accessibility Commissioner’s delegate, as the case may be; and

  • (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsection (1), the Accessibility Commissioner is considered to have entered a place when accessing it remotely by a means of telecommunication.

• Marginal note:Limitation — place not accessible to the public

  (4) The Accessibility Commissioner who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

• Marginal note:Accompanying individual

  (5) The Accessibility Commissioner may be accompanied by any other individual the Accessibility Commissioner believes is necessary to help him or her exercise his or her powers or perform his or her duties or functions under this section.

• Marginal note:Entering private property

  (6) The Accessibility Commissioner and any individual accompanying him or her may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

• Marginal note:Consent required to enter dwelling-house

  (7) In the case of a dwelling-house, the Accessibility Commissioner may enter it only with the consent of an occupant.

• Marginal note:Assistance

  (8) The owner or other person in charge of a place entered by the Accessibility Commissioner or his or her delegate under subsection (1) and every individual found in the place must give the Accessibility Commissioner or the delegate, as the case may be, all reasonable assistance in the individual’s power and provide the Accessibility Commissioner or delegate with any information that the Accessibility Commissioner or delegate may reasonably require.

Production Order

Marginal note:Power to order production

• 74 (1) The Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), make an order requiring a regulated entity to produce, at the time and place specified in the order, for examination or copying, any record, report, electronic data or other document that the Accessibility Commissioner has reasonable grounds to believe contains information that is relevant to that purpose.

• Marginal note:Copies

  (2) The Accessibility Commissioner may

  • (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (1); and

  • (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output.

Compliance Order

Marginal note:Power to order termination of contravention

• 75 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity is contravening or has contravened any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), he or she may make a compliance order requiring the regulated entity to terminate the contravention within the time specified in the order or to take any step specified in the order, within the time specified in the order, to ensure that the contravention does not continue or reoccur.

• Marginal note:Copy

  (2) The Accessibility Commissioner must cause the regulated entity to be served with a copy of the order.

Marginal note:Request for review

• 76 (1) Subject to any other provision of this section, an order that is made under section 75 must be reviewed by the Accessibility Commissioner on the written request of the regulated entity to which the order is addressed.

• Marginal note:Contents and time for making request

  (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.

• Marginal note:Order in effect

  (3) An order made under section 75 continues to apply during a review unless the Accessibility Commissioner decides otherwise.

• Marginal note:Decision on completion of review

  (4) On completion of a review, the Accessibility Commissioner must confirm, amend, revoke or cancel the order.

• Marginal note:Notice of decision

  (5) The Accessibility Commissioner must cause the regulated entity to be served with a notice setting out the Accessibility Commissioner’s decision under subsection (4) and the reasons for it.

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.