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

Marginal note:Request for review — penalty

• 180.3 (1) A person who is served with a notice of violation that sets out a penalty and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.

Marginal note:Request for review — warning

• 180.61 (1) A person who is served with a notice of violation that contains a warning and who wishes to have the facts of the alleged contravention reviewed shall, on or before the date specified in the notice or within any further time that the Agency on application may allow, file a written request for a review with the Agency at the address set out in that notice.

• Marginal note:Burden of proof

  (2) The burden of establishing that a person has contravened the provision of the regulations or of the Accessible Canada Act to which a notice of violation relates is on an enforcement officer.

• Marginal note:Determination by Agency

  (3) At the conclusion of a review, the Agency shall without delay inform the person who is alleged to have contravened the provision and the enforcement officer of its determination. If the Agency determines that the person has not contravened the provision, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention.

• Marginal note:Deeming

  (4) If a person does not file a request for a review under subsection (1), the person is deemed to have committed the contravention alleged in the notice of violation.

Marginal note:Entering into compliance agreements

• 180.62 (1) After considering a request made under paragraph 180.1(3)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may

  • (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Agency, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the amount of the penalty.

• Marginal note:Deeming

  (2) A person who enters into a compliance agreement is, on doing so, deemed to have committed the contravention in respect of which the compliance agreement was entered into.

• Marginal note:Notice of compliance

  (3) If the Agency is satisfied that a person who has entered into a compliance agreement has complied with it, the Agency shall cause a notice of compliance to be provided to the person and, once it is provided,

  • (a) no further proceedings under this Part shall be taken against the person in respect of the contravention; and

  • (b) any security given under the compliance agreement shall be returned to them.

• Marginal note:Notice of default

  (4) If the Agency is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Agency shall cause a notice of default to be served on the person informing them of one of the following:

  • (a) that instead of being liable to pay the amount of the penalty specified 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 177(3), an amount that is twice the amount of that penalty;

  • (b) that the security, if any, given under the compliance agreement is forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) Once a person is served with a notice of default,

  • (a) if the notice provides that the person is liable to pay the amount specified in the notice, the person may not deduct from that amount any amount they spent under the compliance agreement and they are liable to pay the amount specified in the notice within the time and in the manner set out in it; and

  • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Effect of payment

  (6) If the person pays the amount specified in the notice of default within the time and in the manner set out in it, the Agency shall accept the amount in complete satisfaction of the amount owing in respect of the contravention and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Delegation

  (7) The Agency may delegate its powers under subsection (1) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (8) Each person to whom powers are delegated under subsection (7) must be provided with a certificate of delegation in a form established by the Agency.

Marginal note:Refusal to enter compliance agreement

• 180.63 (1) If the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation.

• Marginal note:Effect of payment

  (2) If the person pays the amount specified in the notice of violation,

  • (a) they are deemed to have committed the contravention in respect of which the amount is paid;

  • (b) the Agency shall accept the amount in complete satisfaction of the amount of the penalty; and

  • (c) no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Deeming

  (3) If the person does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), they are deemed to have committed the contravention alleged in the notice of violation.

Marginal note:Certificate

• 180.64 (1) If a person to whom subsection 180.1(1) applies neither pays the amount of the penalty specified in the notice of violation in accordance with the particulars set out in the notice nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice of violation and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

• Marginal note:Subsection 170(1) or Accessible Canada Act

  (2) If a person to whom subsection 180.1(3) applies does not pay the amount of the penalty — or the lesser amount — specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(3)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

• Marginal note:Notice of default

  (3) If a person who has been served with a notice of default under subsection 180.62(4) that specifies an amount does not pay the amount within the time and in the manner set out in the notice, the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount specified in that notice.

• Marginal note:Refusal to enter into compliance agreement

  (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

Marginal note:Registration of certificate

• 180.7 (1) If the time limit for the payment of the amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

Marginal note:References to “Minister”

• 180.8 (1) In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.

Marginal note:Publication

181.1 The Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act.

Production Order

Marginal note:Power to order production

• 181.2 (1) The Agency may, by order, for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose.

• Marginal note:Copies

  (2) The Agency may

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

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

• Marginal note:Delegation

  (3) The Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (4) Each person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency.

Marginal note:Reference to adjudication

209.1 In addition to his or her rights under section 209, an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, and the grievance is related to that contravention.

Marginal note:Notice to Accessibility Commissioner

• 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Marginal note:Exception

211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to

Marginal note:Decision final and binding

214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it.

Marginal note:Notice to Accessibility Commissioner

• 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Marginal note:Notice to Accessibility Commissioner

• 222.1 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

• Marginal note:Standing of Accessibility Commissioner

  (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).