Accessible Canada Regulations (SOR/2021-241)

Marginal note:Penalty range

• 25 (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

• 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.

Marginal note:Lesser amount

• 27 (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

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