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

Marginal note:Commission established

• 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, a member referred to as the “Accessibility Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.

• Marginal note:Members

  (2) The Chief Commissioner, the Deputy Chief Commissioner and the Accessibility Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.

Marginal note:Convention on the Rights of Persons with Disabilities

28.1 The Commission is, for the purposes of paragraph 2 of article 33 of the Convention on the Rights of Persons with Disabilities, adopted by the General Assembly of the United Nations on December 13, 2006, designated as a body responsible for monitoring the Government of Canada’s implementation of that Convention.

• Marginal note:Absence or incapacity of Chief and Deputy Chief

  (3) In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member, other than the Accessibility Commissioner, with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner.

Marginal note:Accessibility unit

32.1 The officers and employees of the Commission that support the Accessibility Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Accessible Canada Act may be referred to as the “Accessibility Unit”.

Accessibility Commissioner

Marginal note:Powers, duties and functions

38.1 In addition to being a member of the Commission, the Accessibility Commissioner has the powers, duties and functions assigned to him or her by the Accessible Canada Act.

Marginal note:Absence or incapacity of Accessibility Commissioner

38.2 In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.

Marginal note:Disclosure of personal information

40.01 For the purpose of the administration of the Accessible Canada Act, an officer or employee of the Commission may disclose to the Accessibility Commissioner any personal information that is contained in a complaint filed with the Commission.

Marginal note:Accessible Canada Act

2.1 For greater certainty, a person who is referred to in section 2 and who is not entitled to present a grievance under section 62 may file a complaint under subsection 94(1) of the Accessible Canada Act with respect to a contravention of an applicable provision of regulations made under subsection 117(1) of that Act if the person has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — that contravention.

• (g) the contravention by the employer of any applicable provision of regulations made under subsection 117(1) of the Accessible Canada Act, if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention,

Marginal note:Notice to Accessibility Commissioner

• 63.1 (1) When a grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of any 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:Submissions of Accessibility Commissioner

  (2) If the Accessibility Commissioner is notified of an issue under subsection (1), he or she may make submissions during the adjudication with respect to that issue.

• Marginal note:Adjudication by members

  (5) Despite section 65 and subsections (1) and (2), only members of the Board may adjudicate grievances respecting a matter referred to in paragraph 63(1)(g).

Marginal note:Powers of adjudicator

66.1 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in any of paragraphs 63(1)(a) to (c) and (g) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Federal Public Sector Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it.

Marginal note:Accessible Canada Act

67.1 An adjudicator may, in relation to the adjudication of a grievance respecting a matter referred to in paragraph 63(1)(g),

• (a) interpret and apply the Accessible Canada Act; and

• (b) give relief in accordance with section 102 of that Act.

• (a.1) the manner of giving notice of an issue to the Accessibility Commissioner under section 63.1;

• Marginal note:Accessibility inquiries

  (1.1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under sections 51 to 53 of the Accessible Canada Act.

Marginal note:Mandatory and restraining orders

51 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act.

Marginal note:Commission of violation

72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable

• (d) the transportation system is accessible without undue obstacle to the mobility of all persons;

• (d.1) the transportation system is accessible without barriers to persons with disabilities; and

• Marginal note:Additional content

  (2) The Agency shall include in every report referred to in subsection (1)

  • (a) the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act;

  • (b) in respect of the year to which the report relates, information about, including the number of, the following:

    • (i) inspections conducted under this Act 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,

    • (ii) orders made under section 181.2,

    • (iii) orders, in writing, made under section 26 that require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act,

    • (iv) notices of violation issued under section 180 that identify a violation referred to in subsection 177(3), and

    • (v) inquiries made under any of sections 172, 172.1 and 172.3;

  • (c) the Agency’s observations about whether the information referred to in paragraph (b) discloses any systemic or emerging issues in respect of any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities; and

  • (d) any other information prescribed by regulations made under subsection (2.01).

• Marginal note:Regulations

  (2.01) For the purpose of paragraph (2)(d), the Governor in Council may make regulations prescribing information about any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities.

Transport des personnes handicapées

Marginal note:Definitions

169.5 The following definitions apply in paragraph 5(d.1) and this Part.

barrier

barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle)

disability

disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap)