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

Feedback

Marginal note:Establishment of process

• 66 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback:

  • (a) the manner in which the regulated entity is implementing its accessibility plan; and

  • (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.

• Marginal note:Publication

  (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1).

• Marginal note:Notice to Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.

Progress Reports

Marginal note:Obligation

• 67 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.

• Marginal note:Notice to Accessibility Commissioner

  (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.

• Marginal note:Duty to consult

  (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

• Marginal note:Manner of consultation

  (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.

• Marginal note:Feedback information

  (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.

• Marginal note:Duty to make progress report available on request

  (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

• Marginal note:Conditions

  (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.

Exemptions

Marginal note:Power to exempt

• 68 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 65 to 67, on any terms that the Minister considers necessary. 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 subsection (1) in respect of a regulated entity, 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.

Other Regulated Entities

Accessibility Plans — Regulations Under This Act

Marginal note:Initial accessibility plan

• 69 (1) A regulated entity – other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting

  • (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a) to (g); and

  • (b) the provisions of regulations made under subsection 117(1) that apply to it.

• Marginal note:Updated accessibility plan

  (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection.

• Marginal note:Notice to Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan.

• Marginal note:Duty to consult

  (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

• Marginal note:Manner of consultation

  (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan.

• Marginal note:Applicable requirements

  (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published.

• Marginal note:Duty to make plan available on request

  (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

• Marginal note:Conditions

  (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request.

• Marginal note:Principles

  (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan.

Feedback

Marginal note:Establishment of process

• 70 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must establish a process for receiving feedback about the following and for dealing with that feedback:

  • (a) the manner in which the regulated entity is implementing its accessibility plan; and

  • (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity.

• Marginal note:Publication

  (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1).

• Marginal note:Notice to Accessibility Commissioner

  (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process.

Progress Reports

Marginal note:Obligation

• 71 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan.

• Marginal note:Notice to Accessibility Commissioner

  (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report.

• Marginal note:Duty to consult

  (3) The regulated entity must consult persons with disabilities in the preparation of its progress report.

• Marginal note:Manner of consultation

  (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report.

• Marginal note:Feedback information

  (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration.

• Marginal note:Duty to make progress report available on request

  (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request.

• Marginal note:Conditions

  (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request.

Exemptions

Marginal note:Power to exempt

• 72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 69 to 71, on any terms that the Minister considers necessary. 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 subsection (1) in respect of a regulated entity, 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.

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.