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

Marginal note:Limited application — transportation

120 The only regulations made under subsection 117(1) that apply in respect of a regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act are those that relate to the identification and removal of barriers, and the prevention of new barriers, in the following areas:

• (a) employment;

• (b) the built environment, other than a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal;

• (c) the procurement of goods, services and facilities that are not related to the mobility of persons with disabilities;

• (d) areas designated under regulations made under paragraph 117(1)(b); and

• (e) the area referred to in paragraph 5(c.1) as it relates to the areas referred to paragraphs (a) to (d).

Marginal note:Exemption

• 121 (1) On application by a regulated entity, the Minister may, by order and on any terms that he or she considers necessary,

  • (a) exempt a regulated entity from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that the regulated entity has taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities; or

  • (b) exempt a class of regulated entities from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that all the members of the class have taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities.

  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 paragraph (1)(a), 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.

Marginal note:For greater certainty

121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament.

Miscellaneous

Marginal note:Collaboration — complaints, applications and grievances

• 122 (1) The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to put in place mechanisms for the efficient and expeditious referral to the appropriate authority of accessibility-related complaints, applications and grievances.

• Marginal note:Notice of referral

  (2) If an authority referred to in subsection (1) decides not to deal with a complaint, application or grievance for one of the following reasons and it decides to refer the complaint, application or grievance to the appropriate authority, it must cause a written notice of its decision, and the reasons for it, to be served on the individual that filed the complaint or application, or presented the grievance, and on the individual or entity that is the subject of the complaint, application or grievance:

  • (a) the complaint, application or grievance is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under any Act of Parliament; or

  • (b) the complaint, application or grievance is beyond the jurisdiction of the authority required to serve the notice.

• Marginal note:Suspension of time

  (3) If an authority causes a notice under subsection (2) to be served, the period that begins on the day on which the complaint or application was filed or the grievance was referred to adjudication and that ends on the day on which the complaint, application, or grievance was referred to the appropriate authority is not to be included in the calculation of any time the individual has to avail themselves of any procedure under any Act of Parliament.

• Marginal note:Disclosure of information

  (4) An authority referred to in subsection (1) may, for the purpose of implementing the mechanisms referred to in subsection (1), disclose to the appropriate authority any information, including personal information, that is contained in a complaint, application or grievance that it refers to the appropriate authority.

Marginal note:Collaboration — policies and practices

123 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to foster complementary policies and practices in relation to accessibility-related matters.

Marginal note:Obstruction

124 It is prohibited to obstruct, by act or omission, the Accessibility Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act.

Marginal note:False statements — Accessibility Commissioner

125 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Accessibility Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act.

Marginal note:False statements — records, reports, etc.

126 It is prohibited for a regulated entity to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that it is required to prepare, retain or provide under this Act.

Marginal note:Section 126 of Criminal Code

127 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or of regulations made under subsection 117(1).

Marginal note:Debts to Her Majesty

• 128 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) costs incurred by Her Majesty in right of Canada in relation to the inspection of a place or the examination of any thing;

  • (b) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is served;

  • (c) every amount undertaken to be paid under a compliance agreement entered into with the Accessibility Commissioner under subsection 82(1), from the time the compliance agreement is entered into;

  • (d) the amount set out in a notice of default referred to in subsection 82(4), from the time the notice is served;

  • (e) the amount of a penalty confirmed or corrected in the Accessibility Commissioner’s notice of decision served under subsection 84(4), from the expiry of the time specified in the notice.

• Marginal note:Limitation period

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 81 to 84.

Marginal note:Certificate of default

• 129 (1) Any debt referred to in subsection 128(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Accessibility Commissioner.

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Enforcement of order

130 An order made under subsection 75(1) or amended under subsection 76(4) and an order made under subsection 102(1) or section 106 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Accessibility Commissioner filing in the Registry of the Court a copy of the order certified by the Accessibility Commissioner to be a true copy.

Marginal note:Review by Senate and House of Commons

• 131 (1) Five years after the day on which the first regulation is made under subsection 117(1), or as soon as feasible after that day, a comprehensive review of the provisions and operation of this Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

• Marginal note:Report

  (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is commenced, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee.

Marginal note:Independent review

• 132 (1) Five years after the first day on which a report is submitted under subsection 131(2) to either House of Parliament and every tenth anniversary of that day, the Minister must cause an independent review of the provisions and operation of this Act to be conducted, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.

• Marginal note:Duty to consult

  (2) The person or persons conducting the review must consult the public, persons with disabilities, organizations that represent the interests of persons with disabilities, regulated entities and organizations that represent the interests of regulated entities.

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.