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Accessible Canada Regulations (SOR/2021-241)

Regulations are current to 2023-01-11

PART 1Planning, Feedback and Reporting (continued)

Progress Reports

Marginal note:Timeline

 An entity must publish a progress report referred to in subsection 49(1), 58(1), 67(1) or 71(1) of the Act, as the case may be, by the anniversary of the date by which the accessibility plan was last required to be published for each year in which there is no date by which a version of the accessibility plan is required to be published.

Marginal note:Language and headings

  •  (1) A progress report that is required by subsection 49(1), 58(1), 67(1) or 71(1) of the Act must be written in simple, clear and concise language and must include the following headings:

    • (a) “General”;

    • (b) a heading for each area identified under paragraph 47(1)(a), 56(1)(a), 65(1)(a) or 69(1)(a) of the Act, as the case may be;

    • (c) “Consultations”; and

    • (d) “Feedback”.

  • Marginal note:“General” heading

    (2) The information that is contained under the heading “General” must include the position title of the person designated to receive feedback on behalf of the regulated entity and the manner and information by which the public can communicate with the regulated entity, including the mailing address of its publicly accessible businesses, a telephone number and an email address in order to

    • (a) request the entity’s progress report in a format referred to in subsection 17(2);

    • (b) request the description of the entity’s feedback process in a format referred to in subsection 9(5); or

    • (c) provide feedback.

  • Marginal note:“Consultations” heading

    (3) The information that is contained under the heading “Consultations” is the information referred to in subsection 49(4), 58(4), 67(4) or 71(4) of the Act, as the case may be.

  • Marginal note:“Feedback” heading

    (4) The information that is contained under the heading “Feedback” is the information referred to in subsection 49(5), 58(5), 67(5) or 71(5) of the Act, as the case may be.

Marginal note:Publication

  •  (1) A progress report that is required by subsection 49(1), 58(1), 67(1) or 71(1) of the Act must be published

    • (a) in a format that meets the requirements of Level AA conformance that are set out in the WCAG;

    • (b) on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public; and

    • (c) in a manner that makes it accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage.

  • Marginal note:No digital platform accessible to public

    (2) A regulated entity that does not have a digital platform that is made available to the public must publish each of its progress reports by displaying a printed copy of the report in a location where it is clearly visible and accessible to the public in the reception area or entrance of each of its places of business.

Marginal note:Notice to Accessibility Commissioner

 For the purposes of subsections 49(2), 58(2), 67(2) and 71(2) of the Act, within 48 hours after its progress report is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the report, the hyperlink to that URL address or the mailing addresses of the places of business where the report is published.

Marginal note:Manner of request

  •  (1) A request for a progress report referred to in subsection 49(7), 58(7), 67(7) or 71(7) of the Act must be made by mail, telephone, email or by any other means the regulated entity uses to communicate with the public.

  • Marginal note:Format

    (2) A person may make a request under 49(6), 58(6), 67(6) or 71(6) of the Act that a regulated entity make its progress report available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities.

  • Marginal note:Deadlines — progress report

    (3) For the purposes of subsections 49(6), 58(6), 67(6) and 71(6) of the Act, the progress report must be made available to the person making a request as soon as feasible but, at the latest,

    • (a) 45 days after the day on which the request is received, in the case of a request for a progress report in braille or audio format; or

    • (b) in the case of a request for a progress report in any other format,

      • (i) 15 days after the day on which the request is received, in the case of a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act,

      • (ii) 15 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 or more employees during the year preceding the day on which the request is received, or

      • (iii) 20 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 99 or fewer employees during the year preceding the day on which the request is received.

Document Retention

Marginal note:Plan and report

  •  (1) If a regulated entity has prepared and published a version of an accessibility plan under section 47, 56, 65 or 69 of the Act or a progress report under section 49, 58, 67 or 71 of the Act and it has a digital platform that is accessible to the public, the regulated entity must retain that version of the plan or that report, as the case may be, on the platform for a period of seven years beginning on the date by which that version of the plan or that report, as the case may be, was required to be published.

  • Marginal note:No digital platform accessible to public

    (2) If a regulated entity has prepared and published a version of an accessibility plan under section 47, 56, 65 or 69 of the Act or a progress report under section 49, 58, 67 or 71 of the Act and it does not have a digital platform that is accessible to the public, the regulated entity must retain an electronic or print copy of that version of the plan or of the report, as the case may be, in such a manner that it is accessible to the public for a period of seven years beginning on the date by which that version of the plan or that report, as the case may be, was required to be published.

  • Marginal note:Description

    (3) If a regulated entity has published a description of its feedback process under subsection 48(2), 57(2), 66(2) or 70(2) of the Act and it has a digital platform that is accessible to the public, the regulated entity must retain the most recent version of the description on the platform for a period of seven years beginning on the day on which the description is published or, if it is longer, for a period beginning on the day on which the description is published and ending on the day on which a new description of the feedback process is published.

  • Marginal note:No digital platform accessible to public

    (4) If a regulated entity has published a description of its feedback process under subsection 48(2), 57(2), 66(2) or 70(2) of the Act and it does not have a digital platform that is accessible to the public, the regulated entity must retain an electronic or print copy of the most recent version of the description in such a manner that it is accessible to the public for a period of seven years beginning on the day on which the description is published or, if it is longer, for a period beginning on the day of its publication and ending on the day on which a new description of the feedback process is published.

Marginal note:Feedback

 A regulated entity must retain an electronic copy or print copy of any feedback it receives under section 9 for a period of seven years beginning on the day on which it is received.

PART 2Service of Documents

Marginal note:Service — individual

 Service of any notice or order made under the Act on an individual named in the notice or order may be made

  • (a) personally, by leaving a copy of it with the individual at any place or, if it is not feasible to find the individual, with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence;

  • (b) by sending a copy of it by registered mail or courier to the individual’s last known address or usual place of residence; or

  • (c) by sending a copy of it to the individual by fax, email or other electronic means, followed by a copy of the notice or order to be sent either by registered mail or courier within 48 hours after the day of the original transmission.

Marginal note:Service — regulated entity

 Service of any notice or order made under the Act on a regulated entity named in the notice or order may be made by

  • (a) leaving a copy of it at the entity’s head office or place of business with its agent or mandatary or with an officer or other individual who appears to manage or be in control of the head office or place of business;

  • (b) sending a copy of it by registered mail or courier to the head office or place of business of the entity or its agent or mandatary; or

  • (c) sending a copy of it by fax, email or other electronic means to any individual referred to in paragraph (a), followed by a copy of the notice or order to be sent either by registered mail or courier within 48 hours after the day of the original transmission.

Marginal note:Date of service — signature

  •  (1) If a certificate of service of a notice or order on a regulated entity or individual named in the certificate states the means of service, the individual who signs the certificate is deemed to have served the notice or order on the date that is determined under subsection (2).

  • Marginal note:Date of deemed service

    (2) A notice or order served in accordance with section 20 or 21 is deemed to have been served

    • (a) in the case of service made under paragraph 20(a) or 21(a), on the day on which it is left with an individual in paragraph 20(a) or 21(a), as the case may be;

    • (b) in the case of service made under paragraph 20(b) or 21(b), on the 10th day after the date indicated on the receipt issued by the post office or courier; and

    • (c) in the case of service made under paragraph 20(c) or 21(c), on the day of its original transmission.

PART 3Administrative Monetary Penalties

Marginal note:Definition of small business

 For the purposes of this Part and Schedule 2, small business means a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that has an average of fewer than 100 employees during the year before the year in which it is served with a notice of violation under the Act or, if the regulated entity has been established for less than one year, an average of fewer than 100 employees on the day on which the notice of violation is issued.

Marginal note:Classification

 A violation of a provision that is set out in column 1 of a Part of Schedule 1 is classified as a minor, serious or very serious violation as set out in column 2 of that Part.

Marginal note:Penalty range

  •  (1) The range of penalties in respect of a violation within a classification set out in column 1 of a Part of Schedule 2 that is committed by a person other than a regulated entity, a small business or a regulated entity that is not a small business is set out in column 2 of that Part for a first violation, in column 3 for a second violation, in column 4 for a third violation and in column 5 for a fourth or subsequent violation.

  • Marginal note:Prior violations

    (2) For the purposes of subsection (1), only prior violations that the regulated entity or person is deemed or determined to have committed during the five years before the day on which the notice of violation is served are taken into account.

Marginal note:Determining penalty amount

  •  (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.

    TABLE

    Column 1Column 2
    ItemCriteriaGravity Scale
    1The degree of negligence of the regulated entity or person0 to 4
    2The degree of harm that resulted or could have resulted from the violation0 to 4
    3The degree to which the regulated entity or person derived any competitive or economic benefit from the violation0 to 4
    4The level of effort made by the regulated entity or person to change the corporate culture or behaviour with respect to accessibility-2 to 4
    5The level of effort made by the regulated entity or person to mitigate or nullify the violation’s negative effects-2 to 4
    6The manner in which the violation was brought to the attention of the Accessibility Commissioner-2 to 4
    7The 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.

Marginal note:Lesser amount

  •  (1) For the purposes of subparagraph 79(1)(b)(iii) of the Act, the lesser amount is an amount equal to 90% of the penalty and the time period for the payment is 15 days after the day on which the notice of violation is served.

  • Marginal note:Day of payment

    (2) For the purpose of subsection (1), an amount is deemed to be paid

    • (a) if sent by electronic means, on the day indicated by the electronic system used by the Accessibility Commissioner for the purpose of receiving electronic payments;

    • (b) if sent by regular mail, on the day indicated on the postmark stamped on the envelope, or if no postmark is legible, on the day on which the Accessibility Commissioner receives the payment; or

    • (c) if sent by registered mail or courier, on the day indicated on the receipt issued by the post office or the courier.

PART 4Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 
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