Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, pursuant to subsections 91(1) and 117(1) of the Accessible Canada Act a, makes the annexed Accessible Canada Regulations. S.C. 2019, c. 10
Interpretation
The following definitions apply in these Regulations.
Act means the Accessible Canada Act. (Loi)
band has the same meaning as in subsection 2(1) of the Indian Act. (bande)
employee means any person employed by a regulated entity described in paragraph 7(1)(e) or (f) of the Act and includes a dependent contractor as defined in subsection 3(1) of the Canada Labour Code, but excludes
a person employed under a program designated by the employer as a student employment program; and
a student employed solely during the student’s vacation periods. (employé)
planning and reporting cycle means a period of three consecutive years the first year of which is a year in which there is a date by which a regulated entity is required to publish a version of an accessibility plan under section 47, 56, 65 or 69 of the Act, as the case may be and in which the second and third years are years in which there is a date by which a regulated entity is required to publish a progress report under section 49, 58, 67 or 71 of the Act, as the case may be. (cycle de planification)
WCAG means the most recent version that is available in both English and French of the Web Content Accessibility Guidelines, published by the World Wide Web Consortium. (WCAG)
year means a calendar year. (année)
For the purposes of these Regulations, the average number of employees during a year is the sum of the number of employees at the time in each month during that year when the number of employees is the greatest, divided by 12 and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number.
For the purposes of these Regulations, the average number of employees during a planning and reporting cycle is the sum of the average number of employees during each year of the planning and reporting cycle, divided by three and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number.
Exemption
a council of the band, as defined in subsection 2(1) of the Indian Act; and
an entity or person — other than one that carries on a business — that carries on an undertaking that is not within the legislative authority of a province for or on behalf of the council of the band, as defined in subsection 2(1) of the Indian Act, or on the band’s reserve lands.
Planning, Feedback and Reporting
Exemptions
A regulated entity described in paragraph 7(1)(e) or (f) of the Act is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act if that entity has an average of fewer than 10 employees during the later of
the year before the year in which the entity’s first planning and reporting cycle would have started but for this exemption, and
the year in which the regulated entity is established.
A regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of fewer than 10 employees during a planning and reporting cycle is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act, effective the last day of the planning and reporting cycle.
Accessibility Plans
Dates for Preparation, Publication and Updates
for a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act, December 31, 2021;
for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 employees or more during the year in which these Regulations come into force, June 1, 2022; and
for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 10 to 99 employees during the year in which these Regulations come into force, June 1, 2023.
If a regulated entity is established or becomes subject to the Act during any year after the year in which these Regulations come into force, the fixed day for that entity is June 1 of the year following the year in which the entity is established or becomes subject to the Act, as the case may be.
If a regulated entity ceases to be exempt in accordance with subsection 3(3) and has never prepared and published an initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, the fixed day for that entity is the later of
June 1 of the second year after the year in which these Regulations come into force, and
June 1 of the first year in which the regulated entity has an average of 10 employees or more after the year in which it has ceased to be exempted.
Subject to subsection (5), for the purposes of subsections 47(2), 56(2), 65(2) and 69(2) of the Act, the applicable period is 36 months beginning on the date by which the plan was last required to be published.
The applicable period for a regulated entity that has ceased to be exempt in accordance with subsection 3(3) and that, before becoming exempt, had completed at least one planning and reporting cycle is 12 months after June 1 of the first year in which the entity has an average of 10 employees or more after the year in which it has ceased to be exempted.
Form
An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2), or 69(1) or (2) of the Act must be written in simple, clear and concise language and must include the following headings:
“General”;
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; and
“Consultations”.
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
request the entity’s accessibility plan in a format referred to in subsection 8(2);
request the description of the entity’s feedback process in a format referred to in subsection 9(5); or
provide feedback.
The information that is contained under the heading “Consultations” is the information referred to in subsection 47(5), 56(5), 65(5) or 69(5) of the Act, as the case may be.
An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2) or 69(1) or (2) of the Act must be published
in a format that meets the requirements for Level AA conformance that are set out in the WCAG;
on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public; and
in a manner that makes the plan 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.
A regulated entity that does not have a digital platform that is made available to the public must publish its accessibility plan by displaying a printed copy of the plan 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.
For the purposes of subsections 47(3), 56(3), 65(3) and 69(3) of the Act, within 48 hours after a version of the accessibility plan 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 plan, the hyperlink to that URL address or the mailing addresses of the places of business where that version of the plan is published.
A request for an accessibility plan referred to in subsection 47(8), 56(8), 65(8) or 69(8) of the Act must be made by mail, telephone, email or by any other means the regulated entity uses to communicate with the public.
A person may make a request under subsection 47(7), 56(7), 65(7) or 69(7) of the Act that a regulated entity make its accessibility plan 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.
For the purposes of subsections 47(7), 56(7), 65(7) and 69(7) of the Act, the accessibility plan must be made available to the person making a request as soon as feasible but, at the latest,
45 days after the day on which the request is received, in the case of a request for a plan in Braille or audio format; or
in the case of a request for a plan in any other format,
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,
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
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.
Feedback Process
When establishing a feedback process under subsection 48(1), 57(1), 66(1) or 70(1) of the Act, a regulated entity must designate a person responsible for receiving feedback on behalf of the entity and provide the position title of that person.
The regulated entity must ensure that feedback process allows a person to provide feedback anonymously.
The regulated entity must ensure that feedback process allows a person to provide feedback by mail, telephone, email and by any other means the regulated entity uses to communicate with the public.
The regulated entity must ensure that acknowledgment of receipt is included in the feedback process, unless the feedback is received anonymously, in the same means by which it is received.
A person may request that a regulated entity make the description of its feedback process referred to in section 48, 57, 66 or 70 of the Act available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that assists persons with disabilities.
The regulated entity must make the description of its feedback process available to the person in the requested format as soon as feasible but, at the latest,
45 days after the day on which the request is received, in the case of a request for the description in Braille or audio format; or
in the case of a request for the description in any other format,
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,
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
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.
For the purposes of subsections 48(2), 57(2), 66(2) and 70(2) of the Act, the description of the feedback process must be published
in simple, clear and concise language;
in a format that meets the requirements for Level AA conformance that are set out in the WCAG;
on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public;
in a manner that makes the description 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;
at the same time as the regulated entity publishes its initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, as the case may be.
A regulated entity that does not have a digital platform that is made available to the public must publish a description of its feedback process by displaying a printed copy of the description together with its accessibility plan.
For the purposes of subsections 48(3), 57(3), 66(3) and 70(3) of the Act, within 48 hours after a description of a version of its feedback process 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 description, the hyperlink to that URL address or the mailing addresses of the places of business where the description of that version of the process is published.
Progress Reports
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.
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:
“General”;
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;
“Consultations”; and
“Feedback”.
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
request the entity’s progress report in a format referred to in subsection 17(2);
request the description of the entity’s feedback process in a format referred to in subsection 9(5); or
provide feedback.
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.
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.
A progress report that is required by subsection 49(1), 58(1), 67(1) or 71(1) of the Act must be published
in a format that meets the requirements of Level AA conformance that are set out in the WCAG;
on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public; and
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.
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.
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.
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.
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.
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,
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
in the case of a request for a progress report in any other format,
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,
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
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
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.
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.
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.
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.
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.
Service of Documents
Service of any notice or order made under the Act on an individual named in the notice or order may be made
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;
by sending a copy of it by registered mail or courier to the individual’s last known address or usual place of residence; or
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.
Service of any notice or order made under the Act on a regulated entity named in the notice or order may be made by
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;
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
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.
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).
Administrative Monetary Penalties
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.
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.
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.
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.
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.
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 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
If the gravity value would, but for this subsection, be a negative amount, it is deemed to be zero.
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.
For the purpose of subsection (1), an amount is deemed to be paid
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;
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
if sent by registered mail or courier, on the day indicated on the receipt issued by the post office or the courier.
Coming into Force
These Regulations come into force on the day on which they are registered.
PART 1 Accessible Canada Act Column 1 Column 2 Item Provision Classification 1 47(1) Minor 2 47(2) Minor 3 47(3) Minor 4 47(4) Minor 5 47(7) Minor 6 48(1) Minor 7 48(2) Minor 8 48(3) Minor 9 49(1) Minor 10 49(2) Minor 11 49(3) Minor 12 49(6) Minor 13 56(1) Minor 14 56(2) Minor 15 56(3) Minor 16 56(4) Minor 17 56(7) Minor 18 57(1) Minor 19 57(2) Minor 20 57(3) Minor 21 58(1) Minor 22 58(2) Minor 23 58(3) Minor 24 58(6) Minor 25 65(1) Minor 26 65(2) Minor 27 65(3) Minor 28 65(4) Minor 29 65(7) Minor 30 66(1) Minor 31 66(2) Minor 32 66(3) Minor 33 67(1) Minor 34 67(2) Minor 35 67(3) Minor 36 67(6) Minor 37 69(1) Minor 38 69(2) Minor 39 69(3) Minor 40 69(4) Minor 41 69(7) Minor 42 70(1) Minor 43 70(2) Minor 44 70(3) Minor 45 71(1) Minor 46 71(2) Minor 47 71(3) Minor 48 71(6) Minor 49 73(8) Serious 50 124 Very serious 51 125 Very serious 52 126 Very serious PART 2 Orders Made or Amended Under the Accessible Canada Act Column 1 Column 2 Item Provision Classification 1 73(2)(i) Serious 2 73(2)(j) Serious 3 73(2)(k) Serious 4 73(2)(l) Serious 5 74 Serious 6 75(1) Serious 7 76(4) Serious PART 3 Accessible Canada Regulations Column 1 Column 2 Item Provision Classification 1 9(1) Minor 2 9(2) Minor 3 9(3) Minor 4 9(4) Minor 5 9(6) Minor 6 18(1) Minor 7 18(2) Minor 8 18(3) Minor 9 18(4) Minor 10 19 Minor
Classification of Violations
PART 1 Range of Penalties — Person other than a regulated entity Column 1 Column 2 Column 3 Column 4 Column 5 Item Classification Range of Penalties ($): First Violation Range of Penalties ($): Second Violation Range of Penalties ($): Third Violation Range of Penalties ($): Fourth violation or Subsequent Violation 1 Minor 250 to 2,500 2,500 to 6,250 6,250 to 12,500 12,500 to 18,750 2 Serious 2,500 to 6,250 6,250 to 12,500 12,500 to 25,000 25,000 to 37,500 3 Very serious 6,250 to 12,500 12,500 to 25,000 25,000 to 37,500 37,500 to 62,500 PART 2 Range of Penalties — Small Business Column 1 Column 2 Column 3 Column 4 Column 5 Item Classification Range of Penalties ($): First Violation Range of Penalties ($): Second Violation Range of Penalties ($): Third Violation Range of Penalties ($): Fourth violation or Subsequent Violation 1 Minor 500 to 5,000 5,000 to 12,500 12,500 to 25,000 25,000 to 37,500 2 Serious 5,000 to 12,500 12,500 to 25,000 25,000 to 50,000 50,000 to 75,000 3 Very serious 12,500 to 25,000 25,000 to 50,000 50,000 to 75,000 75,000 to 125,000 PART 3 Range of Penalties — Regulated Entity other than a Small Business Column 1 Column 2 Column 3 Column 4 Column 5 Item Classification Range of Penalties ($): First Violation Range of Penalties ($): Second Violation Range of Penalties ($): Third Violation Range of Penalties ($): Fourth violation or Subsequent Violation 1 Minor 1,000 to 10,000 10,000 to 25,000 25,000 to 50,000 50,000 to 75,000 2 Serious 10,000 to 25,000 25,000 to 50,000 50,000 to 100,000 100,000 to 150,000 3 Very serious 25,000 to 50,000 50,000 to 100,000 100,000 to 150,000 150,000 to 250,000
Penalties