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

Marginal note:Review by Accessibility Commissioner

• 103 (1) The Accessibility Commissioner may, on application made within the time and in the manner specified in the notice served under section 96 or 100, as the case may be, review a decision under section 95 not to investigate a complaint or a decision under section 100 to discontinue an investigation.

• Marginal note:Representations

  (1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant.

• Marginal note:Powers

  (2) After concluding the review, the Accessibility Commissioner must

  • (a) confirm the decision not to investigate the complaint;

  • (b) investigate the complaint;

  • (c) confirm the decision to discontinue the investigation; or

  • (d) continue the investigation.

• Marginal note:Notice

  (3) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice that sets out the Accessibility Commissioner’s decision under subsection (2) and the reasons for it.

• Marginal note:Decision final

  (4) Every decision made by the Accessibility Commissioner under any of paragraphs (2)(a) to (d) is final and is not to be questioned or reviewed in any court.

Marginal note:Appeal

• 104 (1) A complainant or regulated entity that is affected by a decision made under section 101 or an order made under subsection 102(1) may appeal the decision or order to the Canadian Human Rights Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances.

• Marginal note:Nature of appeal

  (1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice.

• Marginal note:Grounds of appeal

  (2) The request for appeal must contain a statement of the grounds of appeal and set out the evidence that supports those grounds.

Marginal note:Assignment of member

• 105 (1) On receipt of an application for an appeal, the Chairperson of the Canadian Human Rights Tribunal must assign a member of the Tribunal to hear the appeal, but the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she considers that the complexity of the matters under appeal requires three members.

• Marginal note:Chair of panel

  (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel.

Marginal note:Decision

• 106 (1) The member or panel of members of the Canadian Human Rights Tribunal assigned to hear the appeal may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give.

• Marginal note:Nature of appeal

  (1.1) An appeal shall be on the merits based on the record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available.

• Marginal note:Panel’s decision

  (2) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel.

• Marginal note:Copy

  (3) A copy of the order made by the member or panel of members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal.

• Marginal note:Decision final

  (4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court.

Marginal note:Report of activities

107 The Canadian Human Rights Tribunal must include in its annual report referred to in subsection 61(3) of the Canadian Human Rights Act a report of its activities under this Act during the year.

Marginal note:Regulations

108 The Governor in Council may make regulations

• (a) prescribing the procedures to be followed by the Accessibility Commissioner when conducting an investigation; and

• (b) governing the manner in which complaints are to be investigated by the Accessibility Commissioner.

General

Marginal note:Duty to act informally and expeditiously

109 The Accessibility Commissioner must deal with complaints filed under subsection 94(1) and applications made under subsection 103(1) as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

Marginal note:Disclosure of personal information

110 For the purpose of the administration of Part III of the Canadian Human Rights Act, the Accessibility Commissioner may disclose to any officer or employee of the Canadian Human Rights Commission any personal information that is contained in a complaint filed with the Accessibility Commissioner.

PART 7Chief Accessibility Officer

Appointment

Marginal note:Special advisor

• 111 (1) The Governor in Council may appoint, on a full-time basis, a special adviser to the Minister to be called the Chief Accessibility Officer.

• Marginal note:Tenure of office

  (2) The Chief Accessibility Officer holds office during good behaviour, for a term of not more than five years, but may be removed for cause at any time by the Governor in Council.

• Marginal note:Reappointment

  (3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office.

• Marginal note:Absence or incapacity of Chief Accessibility Officer

  (4) In the event of the absence or incapacity of the Chief Accessibility Officer, or if the office of Chief Accessibility Officer is vacant, the Minister may authorize a person to act as Chief Accessibility 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.

Remuneration and Expenses

Marginal note:Remuneration and expenses

• 112 (1) The Chief Accessibility 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

  (2) The Chief Accessibility 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.

Duties and Functions

Marginal note:Advice

113 The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — provide information or advice to the Minister in respect of systemic or emerging accessibility issues.

Marginal note:Special report

• 114 (1) The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — report in writing to the Minister in respect of systemic or emerging accessibility issues.

• Marginal note:Publication

  (2) The Chief Accessibility Officer 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:Assistance

115 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission, the Federal Public Sector Labour Relations and Employment Board and the Standards Organization must take all reasonable steps to assist the Chief Accessibility Officer in the performance of his or her duties and functions.

Marginal note:Annual report

• 116 (1) The Chief Accessibility Officer must, after the end of each fiscal year but no later than December 31 following the end of that fiscal year, submit to the Minister a report on

  • (a) the outcomes achieved by this Act during that fiscal year; and

  • (b) systemic or emerging accessibility issues.

• 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 8General

Regulations

Marginal note:Regulations

• 117 (1) Subject to sections 118 to 120, the Governor in Council may make regulations

  • (a) defining, for the purposes of this Act, any term that is used but not defined in this Act;

  • (b) designating areas for the purposes of paragraph 5(g);

  • (c) establishing standards intended to remove barriers and to improve accessibility in the areas referred to in section 5;

  • (d) imposing obligations or prohibitions on regulated entities for the purpose of identifying or removing barriers or preventing new barriers;

  • (e) fixing or determining, for the purposes of subsections 47(1), 56(1), 65(1) and 69(1), a day in respect of a regulated entity;

  • (f) specifying the form in which the accessibility plans required by subsections 47(1) and (2), 56(1) and (2), 65(1) and (2) and 69(1) and (2) are to be prepared and the manner in which they are to be published;

  • (f.1) respecting the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1);

  • (g) specifying the form and manner in which descriptions of the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1) are to be published;

  • (h) specifying the form in which progress reports required by subsections 49(1), 58(1), 67(1) and 71(1) are to be prepared and the time and manner in which they are to be published;

  • (i) respecting the records, reports, electronic data or other documents that are required to be prepared, retained or provided by regulated entities and

    • (i) the time, manner or place in which they are to be prepared and retained, or

    • (ii) the time, manner or form in which they are to be provided;

  • (j) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or regulations made under this subsection;

  • (k) respecting the circumstances under which reviews under section 76 are to be oral or in writing;

  • (l) exempting, on any terms that are specified in the regulations, in whole or in part, any of the following, or any class of the following, from the application of all or any part of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or all or any provision of regulations made under this subsection:

    • (i) a regulated entity,

    • (ii) a built environment,

    • (iii) an object,

    • (iv) a work, undertaking or business that is within the legislative authority of Parliament,

    • (v) an activity conducted by a regulated entity, and

    • (vi) a location; and

  • (m) prescribing anything that is to be prescribed by any of sections 39, 47 to 49, 56 to 58, 65 to 67 and 69 to 71.

• Marginal note:Obligation

  (1.1) The Governor in Council must make at least one regulation under any of paragraphs (1)(e) to (h) 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.

• Marginal note:Paragraph (1)(c)

  (3) A standard established in regulations made under paragraph (1)(c) may be general or specific in its application and may be limited as to time and location.

• Marginal note:Incorporation by reference — limitation removed

  (4) The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraph (1)(c).

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.