Marginalia

Statute · S.C. 2019, c. 10

Accessible Canada Act

An Act to ensure a barrier-free Canada

Version as of Last amended 825 sections All versions What changed Schedules Amendments
  • s. 1

    Short title

    This Act may be cited as the Accessible Canada Act.

  • s. 2

    Definitions

    The following definitions apply in this Act.

    ▾ 10 defined terms
    • def

      Accessibility Commissioner — means the member of the Canadian Human Rights Commission that is appointed under subsection 26(1) of the Canadian Human Rights Act and that is referred to in that Act as the “Accessibility Commissioner”. (commissaire à l’accessibilité)

    • def

      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)

    • def

      broadcasting undertaking — has the same meaning as in subsection 2(1) of the Broadcasting Act. (entreprise de radiodiffusion)

    • def

      Canadian carrier — has the same meaning as in subsection 2(1) of the Telecommunications Act. (entreprise canadienne)

    • def

      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)

    • def

      Minister — means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre)

    • def

      personal information — has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

    • def

      regulated entity — means an entity or person referred to in subsection 7(1). (entité réglementée)

    • def

      Standards Organization — means the Canadian Accessibility Standards Development Organization established under subsection 17(1). (organisation de normalisation)

    • def

      telecommunications service provider — has the same meaning as in subsection 2(1) of the Telecommunications Act. (fournisseur de services de télécommunication)

  • s. 3

    Binding on Her Majesty

    This Act is binding on Her Majesty in right of Canada.

  • s. 4

    Designation of Minister

    The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.

  • s. 5

    Purpose

    The purpose of this Act is to benefit all persons, especially persons with disabilities, through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, on or before January 1, 2040, particularly by the identification and removal of barriers, and the prevention of new barriers, in the following areas: communication, other than

    ▾ 8 subsections
    • (a)

      employment;

    • (b)

      the built environment;

    • (c)

      information and communication technologies;

    • (c.1)

      communication, other than information and communication technologies;

    • (d)

      the procurement of goods, services and facilities;

    • (e)

      the design and delivery of programs and services;

    • (f)

      transportation; and

    • (g)

      areas designated under regulations made under paragraph 117(1)(b).

  • s. 5.1

    Clarification

    ▾ 2 subsections
    • (1)

      The area of communication referred to in paragraph 5(c.1)

      ▾ 2 paragraphs
      • (a)

        includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and

      • (b)

        does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act.

    • (2)

      Recognition of sign languages

      American Sign Language, Quebec Sign Language and Indigenous sign languages are recognized as the primary languages for communication by deaf persons in Canada.

  • s. 5.2

    Interpretation

    Nothing in this Act, including its purpose of the realization of a Canada without barriers, should be construed as requiring or authorizing any delay in the removal of barriers or the implementation of measures to prevent new barriers as soon as is reasonably possible.

  • s. 6

    Principles

    This Act is to be carried out in recognition of, and in accordance with, the following principles:

    ▾ 7 subsections
    • (a)

      all persons must be treated with dignity regardless of their disabilities;

    • (b)

      all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities;

    • (c)

      all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities;

    • (d)

      all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities;

    • (e)

      laws, policies, programs, services and structures must take into account the disabilities of persons, the different ways that persons interact with their environments and the multiple and intersecting forms of marginalization and discrimination faced by persons;

    • (f)

      persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures; and

    • (g)

      the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities.

  • s. 7

    Application

    ▾ 3 subsections
    • (1)

      This Act applies to the following entities and persons:

      ▾ 6 paragraphs
      • (a)

        each entity named or set out in any of Schedules I to V to the Financial Administration Act;

      • (b)

        each Crown corporation, as defined in subsection 83(1) of the Financial Administration Act that is not referred to in Schedule III to that Act;

      • (c)

        every portion of the federal public administration that is designated under subsection (3);

      • (d)

        the Canadian Forces;

      • (e)

        any person, partnership or unincorporated organization that operates a work or carries on an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; and

      • (f)

        any entity or person — including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor — that acts in the name of, or for the benefit of, any entity or person in the operation of a work or carrying on of an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut.

    • (2)

      Parliamentary entities

      This Act also applies, to the extent provided for in Part 9, to the entities referred to in the definition of parliamentary entity in section 134.

    • (3)

      Designation

      For the purposes of paragraph (1)(c), the Governor in Council may, by order, designate any portion of the federal public administration that is not named or set out in any of Schedules I to V to the Financial Administration Act.

  • s. 8

    Non-application

    Nothing in this Act applies to the Yukon Government, the Government of the Northwest Territories or the Government of Nunavut or a corporation established to perform any function or duty on behalf of any of those Governments.

  • s. 9

    Canadian Forces

    Nothing in this Act is to be construed as affecting the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.

  • s. 10

    Royal Canadian Mounted Police

    Nothing in this Act is to be construed as affecting the principle that certain physical and other qualifications are necessary for appointment under the Royal Canadian Mounted Police Act or to prevent the establishment of requirements that are necessary to carry out functions and duties within the Royal Canadian Mounted Police.

PART 1: Minister’s Powers, Duties and Functions ▾

  • s. 11

    Mandate

    ▾ 2 subsections
    • (1)

      The Minister’s mandate is the realization of a Canada without barriers on or before January 1, 2040.

    • (2)

      Powers

      In carrying out his or her mandate, the Minister may, among other things,

      ▾ 2 paragraphs
      • (a)

        provide information, advice and assistance in relation to matters relating to accessibility; and

      • (b)

        promote, support and conduct research into the identification and removal of barriers and the prevention of new barriers.

  • s. 12

    Minister’s powers, duties and functions

    The Minister’s powers, duties and functions extend to and include all matters relating to accessibility over which Parliament has jurisdiction and that are not by law assigned to any other Minister or to any department, board or agency of the Government of Canada.

  • s. 13

    Policies, programs and projects

    The Minister may initiate, recommend, implement and promote policies, programs and projects in relation to matters relating to accessibility.

  • s. 14

    Grants and contributions

    The Minister may make grants and contributions in support of the Minister’s programs and projects in relation to matters relating to accessibility.

  • s. 15

    Information

    Subject to the Statistics Act, the Minister may collect, analyse, interpret, publish and distribute information in relation to matters relating to accessibility.

  • s. 16

    Coordination with provincial and territorial authorities

    The Minister must make every reasonable effort to collaborate with provincial or territorial authorities with a view to coordinating efforts in relation to matters relating to accessibility.

PART 2: Canadian Accessibility Standards Development Organization ▾

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PART 3: Accessibility Commissioner ▾

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PART 4: Duties of Regulated Entities ▾

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PART 5: Administration and Enforcement ▾

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PART 6: Remedies ▾

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PART 7: Chief Accessibility Officer ▾

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PART 8: General ▾

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PART 9: Parliamentary Entities ▾

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PART 10: Related Amendments ▾

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PART 11: Consequential and Coordinating Amendments ▾

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PART 12: Coming into Force ▾

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