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

Marginal note:Violations

• 179 (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i).

Marginal note:Issuance of notice of violation

180 If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue, and shall serve on the person, a notice of violation that names the person, identifies the violation and

• (a) in the case of a contravention other than one referred to in paragraph (b), sets out the penalty for the violation that the person is liable to pay;

• (b) in the case of a contravention of any provision of any regulation made under subsection 170(1) or a contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act

  • (i) contains a warning, or

  • (ii) sets out the penalty for the violation that the person is liable to pay, and a lesser amount that may be paid in complete satisfaction of the amount of the penalty if paid within the time and in the manner set out in the notice; and

• (c) sets out the particulars concerning the time for paying and the manner of paying the penalty, if there is one.

Marginal note:Options

• 180.1 (1) Subject to subsections (2) and (3), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

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

  (2) A person who has been served with a notice of violation that contains a warning may file with the Agency a written request for a review of the facts of the alleged contravention.

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

  (3) A person who has been served with a notice of violation that identifies a violation referred to in subsection 177(3) and that sets out a penalty for the violation must

  • (a) pay the amount of the penalty — or the lesser amount — specified in the notice;

  • (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or

  • (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations or of the Accessible Canada Act to which the violation relates.

Marginal note:Payment of specified amount

180.2 If a person who is served with a notice of violation that sets out a penalty pays the amount of the penalty — or, in the case of a person to whom subsection 180.1(3) applies, the lesser amount — specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount in complete satisfaction of the amount of the penalty and no further proceedings under this Part shall be taken against the person in respect of the contravention.

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.