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

Powers

Marginal note:Powers

19 The Standards Organization, in carrying out its mandate, may

• (a) enter into contracts, agreements or other arrangements with any person or entity, including any government, in the name of Her Majesty in right of Canada or in its own name;

• (b) make grants and contributions;

• (c) establish and register its own marks under the Trademarks Act and authorize and regulate their use subject to that Act;

• (d) license, sell or otherwise make available any patent, copyright, industrial design, trademark or other similar property right that it holds, controls or administers;

• (e) charge a fee for any accessibility standard that it develops or revises and any information, product or service that it provides under this Act;

• (f) spend any money that it receives through its activities, in the fiscal year in which the money is received or in the subsequent fiscal year;

• (g) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and

• (h) undertake any other activities that it considers conducive to the furtherance of its mandate and the exercise of its powers.

Marginal note:Other powers

20 The Standards Organization may develop accessibility standards for — or provide any information, product or service related to accessibility standards to — any person or entity, including any government in Canada or elsewhere.

Minister

Marginal note:Ministerial directions

• 21 (1) The Minister may issue general directions to the Standards Organization respecting the carrying out of its mandate.

• Marginal note:Non-application of Statutory Instruments Act

  (2) The Statutory Instruments Act does not apply to directions issued under subsection (1).

Board of Directors

Marginal note:Establishment and composition

22 The Standards Organization is to have a board of directors consisting of not more than 11 directors, including a Chair and a Vice-Chair.

Marginal note:Appointment and tenure

• 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term of not more than four years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors.

• Marginal note:Appointment considerations

  (2) The appointment of directors is to be made having regard to the following considerations:

  • (a) that at all times, as far as possible, the majority of the directors are persons with disabilities;

  • (b) the importance of having directors that are representative of the diversity of Canadian society; and

  • (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians.

• Marginal note:Persons not eligible for appointment

  (3) A person is not eligible to be appointed or to continue as a director if the person

  • (a) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) is a member of the Senate or House of Commons or a member of a provincial or territorial legislature; or

  • (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

• Marginal note:Reappointment

  (4) A director is eligible for reappointment in the same or another capacity.

Marginal note:Remuneration and expenses

24 A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.

Marginal note:Benefits

25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

Marginal note:Role of board of directors

26 The board of directors is responsible for

• (a) setting the strategic direction for the Standards Organization;

• (b) supervising and managing the Standards Organization’s activities and affairs; and

• (c) advising the Chief Executive Officer on matters relating to the Standards Organization’s mandate.

Marginal note:By-laws

• 27 (1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs.

• Marginal note:Copy to Minister

  (2) The board of directors must send a copy of every by-law to the Minister.

Marginal note:Advisory and other committees

28 The board of directors may, in accordance with the by-laws, appoint advisory or other committees.

Chair

Marginal note:Role of Chair

• 29 (1) The Chair presides over meetings of the board of directors and performs any other duties that are assigned by the board.

• Marginal note:Absence or incapacity of Chair

  (2) In the event of the absence or incapacity of the Chair, or a vacancy in that office, the Vice-Chair acts as Chair.

• Marginal note:Absence or incapacity of Chair and Vice-Chair

  (3) In the event of the absence or incapacity of the Chair and the Vice-Chair or a vacancy in both those offices, the Minister may authorize another director to act as Chair, but no director so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.

Chief Executive Officer

Marginal note:Appointment

• 30 (1) The Chief Executive Officer of the Standards Organization is to be appointed by the Governor in Council to hold office on a full-time basis during pleasure for a term of up to five years.

• Marginal note:Reappointment

  (2) The Chief Executive Officer is eligible for reappointment.

• Marginal note:Remuneration and expenses

  (3) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act.

• Marginal note:Benefits

  (4) The Chief Executive Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

Marginal note:Role of Chief Executive Officer

• 31 (1) The Chief Executive Officer is responsible for the Standards Organization’s day-to-day operations.

• Marginal note:Rank of deputy head

  (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.

• Marginal note:Absence or incapacity of Chief Executive Officer

  (3) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.

Marginal note:Committees

• 32 (1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards.

• Marginal note:Public notice

  (2) As soon as feasible after establishing a committee, the Chief Executive Officer must make the committee’s terms of reference and the names of its members available to the public.

Human Resources

Marginal note:Officers and employees

33 Officers and employees necessary for the proper conduct of the work of the Standards Organization are to be appointed in accordance with the Public Service Employment Act.

General

Marginal note:Recommended standards to be made public

34 The Standards Organization must make available to the public every accessibility standard that it recommends to the Minister under paragraph 18(b).

Marginal note:Inventions

35 Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Standards Organization and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Standards Organization.

Annual Report

Marginal note:Duty to submit

• 36 (1) The Standards Organization must, within three months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister.

• Marginal note:Tabling

  (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.

PART 3Accessibility Commissioner

Marginal note:Provision of information or advice

37 The Accessibility Commissioner may provide information or advice to the Minister in respect of issues arising from the administration and enforcement of this Act.

Marginal note:Special report

• 38 (1) The Accessibility Commissioner may report in writing to the Minister in respect of issues arising from the administration and enforcement of this Act.

• Marginal note:Publication

  (2) The Accessibility Commissioner may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.

Marginal note:Annual report

• 39 (1) The Accessibility Commissioner must, within three months after the end of each fiscal year, submit a report on his or her activities under this Act during that year to the Minister and provide the Minister of Justice with a copy of the report.

• Marginal note:Contents

  (2) The report must include

  • (a) information about the following in respect of the fiscal year, including their number:

    • (i) inspections conducted under section 73,

    • (ii) orders made under section 74,

    • (iii) orders made under section 75,

    • (iv) notices of violation issued under section 79, and

    • (v) complaints filed under subsection 94(1);

  • (b) the Accessibility Commissioner’s observations about whether the information referred to in paragraph (a) discloses any systemic or emerging accessibility issues; and

  • (c) information prescribed in regulations made under subsection 117(1).

• Marginal note:Tabling

  (3) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.