GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Accessible Canada Regulations — 20
Service — individual 20 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.
Accessible Canada Regulations — 21
Service — regulated entity 21 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.
Accessible Canada Regulations — 22
Date of service — signature 22 (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). 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.
Accessible Canada Regulations — 23
Definition of small business 23 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.
Accessible Canada Regulations — 24
Classification 24 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.
Accessible Canada Regulations — 25
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. 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.
Accessible Canada Regulations — 26
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. 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 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 Zero gravity value (3) If the gravity value would, but for this subsection, be a negative amount, it is deemed to be zero.
Accessible Canada Regulations — 27
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. 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.
Accessible Canada Regulations — 28
Registration 28 These Regulations come into force on the day on which they are registered.
Accessible Canada Regulations — 1
1 (1) The definition employee in subsection 1(1) of the Accessible Canada Regulations 1 is replaced by the following: 1 SOR/2021-241 employee includes a dependent contractor as defined in subsection 3(1) of the Canada Labour Code . ( employé ) (2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order: broadcasting or telecommunications entity means an entity that carries on a broadcasting undertaking or that is a Canadian carrier or a telecommunications service provider. ( entité de radiodiffusion ou de télécommunication ) federal public sector entity means a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act. ( entité du secteur public fédéral ) transportation service provider means an entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act . ( fournisseur de services de transport ) (3) Subsection 1(3) of the Regulations is replaced by the following: Average number of employees — period of years (3) For the purposes of these Regulations, the average number of employees during a given period of years is the sum of the average number of employees during each year in that period, divided by the number of years in the period and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number. Number of employees — exclusion (4) For the purposes of subsections (2) and (3), the number of employees excludes (a) any person employed under a program designated by the employer as a student employment program; and (b) any student employed solely during the student’s vacation periods.
Accessible Canada Regulations — Accessible Canada Regulations
employee includes a dependent contractor as defined in subsection 3(1) of the Canada Labour Code . ( employé )
Accessible Canada Regulations — Accessible Canada Regulations
broadcasting or telecommunications entity means an entity that carries on a broadcasting undertaking or that is a Canadian carrier or a telecommunications service provider. ( entité de radiodiffusion ou de télécommunication )
Accessible Canada Regulations — Accessible Canada Regulations
federal public sector entity means a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act. ( entité du secteur public fédéral )
Accessible Canada Regulations — Accessible Canada Regulations
transportation service provider means an entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act . ( fournisseur de services de transport )
Accessible Canada Regulations — 2
2 The portion of section 2 of the Regulations before paragraph (a) is replaced by the following: Band 2 With respect to a band, the following entities and persons are exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act and sections 3 to 19.9 of these Regulations until December 31, 2033:
Accessible Canada Regulations — 2
Band 2 With respect to a band, the following entities and persons are exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act and sections 3 to 19.9 of these Regulations until December 31, 2033:
Accessible Canada Regulations — 3
3 Subparagraph 8(3)(b)(i) of the Regulations is replaced by the following: (i) 15 days after the day on which the request is received, in the case of a federal public sector entity,
Accessible Canada Regulations — 4
4 Subparagraph 9(6)(b)(i) of the Regulations is replaced by the following: (i) 15 days after the day on which the request is received, in the case of a federal public sector entity,
Accessible Canada Regulations — 5
5 Subparagraph 17(3)(b)(i) of the Regulations is replaced by the following: (i) 15 days after the day on which the request is received, in the case of a federal public sector entity,
Accessible Canada Regulations — 6
nder this Part to conform to the ICT Standard may be satisfied by instead conforming to (a) any version of the European Telecommunications Standards Institute (ETSI) standard EN 301 549, Accessibility requirements for ICT products and services , that was published more recently than the current version of the ICT Standard; or (b) the version of the ICT Standard that immediately precedes its current version, if the current version was published within the last three years.
Accessible Canada Regulations — 19.1
Definitions 19.1 The following definitions apply in this Part. employee-facing , with respect to a web page of a regulated entity, means primarily intended for use by that regulated entity’s employees. ( destinée aux employés ) heritage content means content consisting of reproductions or representations of documents or other items that is maintained by a regulated entity primarily for reasons of historical, artistic or aesthetic interest. ( contenu patrimonial ) ICT Standard means the standard CAN/ASC - EN 301 549, Accessibility requirements for ICT products and services , published by Accessibility Standards Canada, as amended from time to time. ( norme TIC ) web page has the same meaning as in clause 3.1 of the ICT Standard. ( page Web )
Accessible Canada Regulations — Accessible Canada Regulations
employee-facing , with respect to a web page of a regulated entity, means primarily intended for use by that regulated entity’s employees. ( destinée aux employés )
Accessible Canada Regulations — Accessible Canada Regulations
heritage content means content consisting of reproductions or representations of documents or other items that is maintained by a regulated entity primarily for reasons of historical, artistic or aesthetic interest. ( contenu patrimonial )
Accessible Canada Regulations — Accessible Canada Regulations
ICT Standard means the standard CAN/ASC - EN 301 549, Accessibility requirements for ICT products and services , published by Accessibility Standards Canada, as amended from time to time. ( norme TIC )
Accessible Canada Regulations — Accessible Canada Regulations
web page has the same meaning as in clause 3.1 of the ICT Standard. ( page Web )
Accessible Canada Regulations — 19.2
Day on which section first applies 19.2 In this Part, a reference to the day on which a section first applies to an entity means the later of (a) the day on which the section comes into force, and (b) the first day on which the entity is an entity referred to in the section, regardless of whether there is subsequently any period in which it ceases to be such an entity.
Accessible Canada Regulations — 19.3
Feasibility of conformity 19.3 For the purposes of this Part, the following factors are relevant to determining the extent to which it is feasible for a web page to conform to the requirements of the ICT Standard: (a) the availability of technology that would permit conformity; (b) the existence of significant obstacles to the implementation of the technology and any efforts by the regulated entity to overcome those obstacles; and (c) the regulated entity’s degree of control over the web page, including under any agreement with a third party.
Accessible Canada Regulations — 19.4
Employee-facing web pages 19.4 (1) A federal public sector entity must, unless it is a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, ensure that each of its employee-facing web pages that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to employees. Alternative measures (2) To the extent that conformity with the applicable requirements of the ICT Standard is not feasible, the entity must, if this non-conformity imposes barriers on users or potential users of the web page, ensure that other reasonable measures to remove those barriers are taken, including the establishment of alternative means for accessing the key information that is provided on the web page or for performing the tasks associated with the web page. Exceptions to alternative measures (3) Subsection (2) does not apply in respect of any maps, mapping services or technical drawings or images on the web page. Exceptions — certain content (4) This section does not apply in respect of heritage content, user-generated content or content that is accessed through a collaborative digital environment.
Accessible Canada Regulations — 19.5
Other web pages 19.5 (1) A federal public sector entity that is not a broadcasting or telecommunications entity or a transportation service provider must ensure that each of its web pages that is not employee-facing and that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to the public. Alternative measures (2) To the extent that conformity with the applicable requirements of the ICT Standard is not feasible, the entity must, if this non-conformity imposes barriers on users or potential users of the web page, ensure that other reasonable measures to remove those barriers are taken, including the establishment of alternative means for accessing the key information that is provided on the web page or for performing the tasks associated with the web page. Exceptions to alternative measures (3) Subsection (2) does not apply in respect of any maps, mapping services or technical drawings or images on the web page. Exceptions — certain content (4) This section does not apply in respect of heritage content or user-generated content.
Accessible Canada Regulations — 19.6
Accessibility statement 19.6 (1) A federal public sector entity must publish an accessibility statement no later than the day on which any obligation under this Part first applies to it and then once every 12 months. Requirements (2) The accessibility statement must meet the following requirements: (a) it must be written in simple, clear and concise language; (b) it must indicate the date on which it is published; (c) it must provide the entity’s contact information in relation to accessibility matters, including at least two of the following: (i) an email address, (ii) a telephone number, (iii) a mailing address; (d) it must include an acknowledgement of the entity’s obligations under this Part; (e) it must describe the accessibility features of the web pages to which it relates; (f) it must provide an overview of any instances in which an obligation to conform to the ICT Standard is not being met; (g) if any instances referred to in paragraph (f) are the result of conformity with the ICT Standard not being feasible and the non-conformity imposes barriers on users or potential users of the web page, it must describe the other measures that have been taken, if required, to remove those barriers, including the alternative means that have been established for accessing information or performing tasks; (h) it must describe the entity’s plans and timelines for addressing gaps in its conformity with the ICT Standard; and (i) it must be accessible from a prominent location on each web page to which it relates. Retention (3) The entity must retain an electronic copy of the accessibility statement until the fourth anniversary of the day on which it is published.
Accessible Canada Regulations — 19.7
Conformity assessment — retention 19.7 A regulated entity that conducts or obtains a conformity assessment against the ICT Standard in respect of any web page in relation to which the entity has obligations under this Part must retain an electronic copy of the report produced in relation to the assessment, including any gap analysis, until the fourth anniversary of the day on which the assessment is completed.
Accessible Canada Regulations — 19.8
Training 19.8 (1) Each of the following regulated entities must ensure that each of its employees who are involved in the development, maintenance or procurement of information and communication technologies has received training on accessibility fundamentals in relation to those technologies, including refresher training at least once every three years: (a) a federal public sector entity other than a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply; and (b) a regulated entity described in paragraph 7(1)(e) of the Act, other than a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, that had an average of 100 or more employees during the preceding three-year period. Record (2) The regulated entity must retain an electronic record of all training provided under this section until the fourth anniversary of the day on which the training is provided.
Accessible Canada Regulations — 19.9
Alternatives to ICT Standard 19.9 Any requirement under this Part to conform to the ICT Standard may be satisfied by instead conforming to (a) any version of the European Telecommunications Standards Institute (ETSI) standard EN 301 549, Accessibility requirements for ICT products and services , that was published more recently than the current version of the ICT Standard; or (b) the version of the ICT Standard that immediately precedes its current version, if the current version was published within the last three years.
Accessible Canada Regulations — 7
7 (1) The definition employee-facing in section 19.1 of the Regulations is replaced by the following: employee-facing , with respect to a web page or mobile application of a regulated entity, means primarily intended for use by that regulated entity’s employees. ( destinée aux employés ) (2) Section 19.1 of the Regulations is amended by adding the following in alphabetical order: non-web document has the same meaning as in clause 3.1 of the ICT Standard. ( document non Web )
Accessible Canada Regulations — Accessible Canada Regulations
employee-facing , with respect to a web page or mobile application of a regulated entity, means primarily intended for use by that regulated entity’s employees. ( destinée aux employés )
Accessible Canada Regulations — Accessible Canada Regulations
non-web document has the same meaning as in clause 3.1 of the ICT Standard. ( document non Web )
Accessible Canada Regulations — 8
8 (1) The portion of section 19.3 of the Regulations before paragraph (a) is replaced by the following: Feasibility of conformity 19.3 For the purposes of this Part, the following factors are relevant to determining the extent to which it is feasible for a web page, mobile application or non-web document to conform to the requirements of the ICT Standard: (2) Paragraph 19.3(c) of the Regulations is replaced by the following: (c) the regulated entity’s degree of control over the web page, mobile application or non-web document, including under any agreement with a third party.
Accessible Canada Regulations — 19.3
Feasibility of conformity 19.3 For the purposes of this Part, the following factors are relevant to determining the extent to which it is feasible for a web page, mobile application or non-web document to conform to the requirements of the ICT Standard:
Accessible Canada Regulations — 9
9 The Regulations are amended by adding the following after section 19.3: Acting for another 19.31 A regulated entity described in paragraph 7(1)(f) of the Act that acts in the name of or for the benefit of an entity that has obligations under this Part has those same obligations in relation to that other entity, and any failure by the regulated entity described in paragraph 7(1)(f) of the Act to meet any of those obligations is, for the purposes of Part 3, to be considered a violation of the provision that imposes the obligation on the other entity.
Accessible Canada Regulations — 19.31
Acting for another 19.31 A regulated entity described in paragraph 7(1)(f) of the Act that acts in the name of or for the benefit of an entity that has obligations under this Part has those same obligations in relation to that other entity, and any failure by the regulated entity described in paragraph 7(1)(f) of the Act to meet any of those obligations is, for the purposes of Part 3, to be considered a violation of the provision that imposes the obligation on the other entity.
Accessible Canada Regulations — 10
10 Subsection 19.4(1) of the Regulations is replaced by the following: Employee-facing web pages 19.4 (1) Each of the following regulated entities must, unless it is a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, ensure that each of its employee-facing web pages that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to employees: (a) a federal public sector entity; and (b) a regulated entity described in paragraph 7(1)(e) of the Act that had an average of 100 or more employees during the preceding three-year period.