Accessible Canada Regulations (SOR/2021-241)

Marginal note:Determining penalty amount

• 26 (1) The amount of the penalty is determined by the formula

  ((A – B) × C ÷ 28) + B

  where

  A

  is the maximum amount in the applicable range of penalties set out in column 2, 3, 4 or 5, as the case may be, of the applicable Part of Schedule 2;

  B

  is the minimum amount in the applicable range of penalties set out in column 2, 3, 4 or 5, as the case may be, of the applicable Part of Schedule 2; and

  C

  is the gravity value.

• Marginal note:Gravity value

  (2) Subject to subsection (3), for the purpose of subsection (1), the gravity value is the sum of the values from the gravity scale set out in column 2 of the table to this subsection that are ascribed to each of the applicable criteria set out in column 1. A lower or negative gravity value reflects a mitigating factor, while a higher or positive gravity value reflects an aggravating factor.

  	Column 1	Column 2
  Item	Criteria	Gravity Scale
  1	The degree of negligence of the regulated entity or person	0 to 4
  2	The degree of harm that resulted or could have resulted from the violation	0 to 4
  3	The degree to which the regulated entity or person derived any competitive or economic benefit from the violation	0 to 4
  4	The level of effort made by the regulated entity or person to change the corporate culture or behaviour with respect to accessibility	-2 to 4
  5	The level of effort made by the regulated entity or person to mitigate or nullify the violation’s negative effects	-2 to 4
  6	The manner in which the violation was brought to the attention of the Accessibility Commissioner	-2 to 4
  7	The degree of assistance that the regulated entity or person provided to the Accessibility Commissioner	-2 to 4

• Marginal note:Zero gravity value

  (3) If the gravity value would, but for this subsection, be a negative amount, it is deemed to be zero.