GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Accessible Canada Act — A-0.6 84
Review — with respect to facts 84 (1) On completion of a review requested under subsection 80 (1), or under paragraph 81 (2)(b) with respect to the acts or omissions that constitute the violation, the Accessibility Commissioner must determine, on a balance of probabilities, whether the regulated entity or person that requested the review committed the violation. Violation not committed — effect (2) If the Accessibility Commissioner determines under subsection (1) that the regulated entity or person did not commit the violation, the proceedings commenced in respect of it are ended. Violation committed — penalty (3) If the Accessibility Commissioner determines that the regulated entity or person committed the violation, and a penalty was set out in the notice of violation, the Accessibility Commissioner must determine whether the amount of the penalty was fixed in accordance with regulations made under subsection 91 (1) and (a) if the Accessibility Commissioner determines that it was correctly fixed, he or she must confirm the amount of the penalty; and (b) if the Accessibility Commissioner determines that it was not correctly fixed, he or she must correct the amount. Notice of decision (4) The Accessibility Commissioner must cause the regulated entity or person to be served with a notice that sets out the Accessibility Commissioner’s decision under this section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Accessibility Commissioner, the time and manner in which that amount is to be paid. Payment (5) The regulated entity or person is liable to pay, within the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Accessibility Commissioner. Effect of payment (6) If a regulated entity or person pays the amount referred to in subsection (5), the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.
Accessible Canada Act — A-0.6 85
Certain defences not available 85 (1) A regulated entity or person named in a notice of violation does not have a defence by reason that they (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate them. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for section 127 applies in respect of a violation to the extent that it is not inconsistent with this Act.
Accessible Canada Act — A-0.6 86
Party to violation 86 If a regulated entity commits a violation, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the regulated entity is proceeded against under this Act: (a) an officer, director, agent or mandatary of the regulated entity; (b) a senior official of the regulated entity; or (c) any other person authorized to exercise managerial or supervisory functions on behalf of the regulated entity.
Accessible Canada Act — A-0.6 87
Employees or agents or mandataries 87 A regulated entity is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified.
Accessible Canada Act — A-0.6 88
Continuing violation 88 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Accessible Canada Act — A-0.6 89
Evidence 89 In any proceeding in respect of a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.
Accessible Canada Act — A-0.6 90
Limitation period or prescription 90 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose.
Accessible Canada Act — A-0.6 91
Regulations 91 (1) The Governor in Council may make regulations (a) classifying each violation as a minor violation, a serious violation or a very serious violation; (b) fixing a penalty, or a range of penalties, in respect of each violation; (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (d) respecting the determination of a lesser amount for the purposes of subparagraph 79 (1)(b)(iii) and the time and manner in which it is to be paid; (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty for a violation may be reduced under the terms of a compliance agreement entered into under subsection 82 (1); (f) respecting the circumstances under which reviews under section 84 are to be oral or in writing; and (g) specifying information for the purposes of section 93 . Paragraph (1)(b) (2) The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(b) is $250,000.
Accessible Canada Act — A-0.6 92
Powers regarding notices of violation 92 The Accessibility Commissioner may establish the form of notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.
Accessible Canada Act — A-0.6 93
Publication 93 The Accessibility Commissioner may make public (a) the name of a regulated entity or person that is determined under section 84 , or that is deemed by this Act, to have committed a violation; (b) the nature of the violation; (c) the amount of the penalty imposed, if any; and (d) any other information specified in regulations made under subsection 91 (1).
Accessible Canada Act — A-0.6 94
Right to file complaint 94 (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of — or that has otherwise been adversely affected by — a contravention by a regulated entity of any provision of regulations made under subsection 117 (1) may file with the Accessibility Commissioner a complaint that is in a form acceptable to the Accessibility Commissioner. Exception — Federal Public Sector Labour Relations Act — employee (2) An employee , as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act , is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117 (1) if he or she is entitled to present an individual grievance in respect of that contravention under section 208 of that Act, determined without taking into account subsection 208(2) of that Act and the definition of employee in subsection 206(1) of that Act. Exception — Federal Public Sector Labour Relations Act — RCMP member (3) An employee , as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act , that is an RCMP member is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117 (1) if he or she is entitled to present an individual grievance in respect of that contravention under section 238.24 of that Act, determined without taking into account subsection 208(2) of that Act. Exception — Public Service Employment Act (4) An individual is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117 (1) if he or she is entitled to make a complaint in respect of that contravention under section 65 or 77 of the Public Service Employment Act . Notice (5) The Accessibility Commissioner must cause a written notice of a complaint to be served on the regulated entity against which the complaint was made.
Accessible Canada Act — A-0.6 95
Power to conduct investigation 95 The Accessibility Commissioner may conduct an investigation into a complaint filed under subsection 94 (1) unless it appears to him or her that (a) the complainant ought to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act; (c) the complaint is beyond the jurisdiction of the Accessibility Commissioner; (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or (e) the complaint is based on acts or omissions the complainant became aware of more than one year, or any longer period of time that the Accessibility Commissioner considers appropriate in the circumstances, before the filing of the complaint.
Accessible Canada Act — A-0.6 96
Notice 96 (1) The Accessibility Commissioner must cause a written notice advising of whether or not he or she has decided to investigate a complaint to be served on the complainant and the regulated entity against which the complaint was made. Time and manner for application for review (2) If the Accessibility Commissioner’s decision is that the complaint will not be investigated, the notice must specify the time within which and the manner in which an application may be made for a review of the decision.
Accessible Canada Act — A-0.6 97
Joint investigation 97 If the Accessibility Commissioner is of the opinion that two or more complaints involve substantially the same issues of fact, he or she may conduct a joint investigation into the complaints.
Accessible Canada Act — A-0.6 98
Powers of Accessibility Commissioner 98 In the conduct of an investigation of a complaint, the Accessibility Commissioner may (a) summon and enforce the appearance of persons before the Accessibility Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Accessibility Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Accessibility Commissioner sees fit, whether or not it is or would be admissible in a court of law; (d) enter any place — including a conveyance — other than a dwelling-house; (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Accessibility Commissioner sees fit; and (f) exercise any of the powers referred to in any of paragraphs 73 (2)(a) to (l).
Accessible Canada Act — A-0.6 99
Dispute resolution mechanisms 99 The Accessibility Commissioner may attempt to resolve complaints by means of a dispute resolution mechanism.
Accessible Canada Act — A-0.6 100
Discontinuance of investigation 100 (1) The Accessibility Commissioner may discontinue the investigation of a complaint if he or she is of the opinion that (a) there is insufficient evidence to pursue the investigation; (b) any of the circumstances mentioned in paragraphs 95 (a) to (e) applies; or (c) the matter has been resolved — by means of a dispute resolution mechanism or otherwise — by the complainant and the regulated entity. Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with written notice of the discontinuance of the investigation that sets out the reasons for the discontinuance and that specifies the time within which and the manner in which an application may be made for a review of the decision to discontinue the investigation.
Accessible Canada Act — A-0.6 101
Complaint dismissed 101 (1) At the conclusion of an investigation, the Accessibility Commissioner must dismiss the complaint if he or she finds that the complaint is not substantiated. Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice of the dismissal of the complaint that sets out the reasons for the dismissal and that specifies the time within which and the manner in which an application may be made for an appeal of the decision to dismiss the complaint.
Accessible Canada Act — A-0.6 102
Complaint substantiated 102 (1) If, at the conclusion of an investigation, the Accessibility Commissioner finds that the complaint is substantiated, he or she may order the regulated entity to do one or more of the following: (a) take the appropriate corrective measures specified in the order; (b) make available to the complainant, on the first reasonable occasion, the rights, opportunities or privileges that were denied to the complainant as a result of the contravention to which the complaint relates; (c) pay compensation to the complainant for any or all of the wages that they were deprived of and for any or all of the expenses incurred by the complainant as a result of the contravention; (d) pay compensation to the complainant for any or all additional costs of obtaining alternative goods, services, facilities or accommodation, and for any or all of the expenses incurred by the complainant, as a result of the contravention; (e) pay compensation to the complainant in an amount that is not more than the amount referred to in subsection (2) for any pain and suffering that the complainant experienced as a result of the contravention; (f) pay to the complainant an amount that is not more than the amount referred to in subsection (2), if the Accessibility Commissioner determines that the contravention is the result of a wilful or reckless practice. Amount (2) The amount, for the purposes of each of paragraphs (1)(e) and (f), is (a) for the calendar year during which subsection (1) comes into force, $20,000; and (b) for each subsequent calendar year, the amount that is equal to the product obtained by multiplying (i) the amount determined under this subsection for the preceding calendar year by (ii) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year. Definition of Consumer Price Index (3) In subsection (2), Consumer Price Index , for a calendar year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in the calendar year. Amount to be published (4) The Accessibility Commissioner must, as soon as it is determined, publish the amount that is the amount for the purposes of paragraphs (1)(e) and (f) for each calendar year after the year during which subsection (1) comes into force. Interest (5) An order to pay compensation under paragraph (1)(c) or (d) may include an award of interest at a rate and for a period that the Accessibility Commissioner considers appropriate. Copy (6) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a copy of the order made under subsection (1) and a notice that specifies the time within which and the manner in which an application may be made for an appeal of the order.
Accessible Canada Act — A-0.6 103
Review by Accessibility Commissioner 103 (1) The Accessibility Commissioner may, on application made within the time and in the manner specified in the notice served under section 96 or 100 , as the case may be, review a decision under section 95 not to investigate a complaint or a decision under section 100 to discontinue an investigation. Representations (1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant. Powers (2) After concluding the review, the Accessibility Commissioner must (a) confirm the decision not to investigate the complaint; (b) investigate the complaint; (c) confirm the decision to discontinue the investigation; or (d) continue the investigation. Notice (3) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice that sets out the Accessibility Commissioner’s decision under subsection (2) and the reasons for it. Decision final (4) Every decision made by the Accessibility Commissioner under any of paragraphs (2)(a) to (d) is final and is not to be questioned or reviewed in any court.
Accessible Canada Act — A-0.6 104
Appeal 104 (1) A complainant or regulated entity that is affected by a decision made under section 101 or an order made under subsection 102 (1) may appeal the decision or order to the Canadian Human Rights Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances. Nature of appeal (1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice. Grounds of appeal (2) The request for appeal must contain a statement of the grounds of appeal and set out the evidence that supports those grounds.
Accessible Canada Act — A-0.6 105
Assignment of member 105 (1) On receipt of an application for an appeal, the Chairperson of the Canadian Human Rights Tribunal must assign a member of the Tribunal to hear the appeal, but the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she considers that the complexity of the matters under appeal requires three members. Chair of panel (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel.
Accessible Canada Act — A-0.6 106
Decision 106 (1) The member or panel of members of the Canadian Human Rights Tribunal assigned to hear the appeal may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give. Nature of appeal (1.1) An appeal shall be on the merits based on the record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available. Panel’s decision (2) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel. Copy (3) A copy of the order made by the member or panel of members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal. Decision final (4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court.
Accessible Canada Act — A-0.6 107
Report of activities 107 The Canadian Human Rights Tribunal must include in its annual report referred to in subsection 61(3) of the Canadian Human Rights Act a report of its activities under this Act during the year.
Accessible Canada Act — A-0.6 108
Regulations 108 The Governor in Council may make regulations (a) prescribing the procedures to be followed by the Accessibility Commissioner when conducting an investigation; and (b) governing the manner in which complaints are to be investigated by the Accessibility Commissioner.
Accessible Canada Act — A-0.6 109
Duty to act informally and expeditiously 109 The Accessibility Commissioner must deal with complaints filed under subsection 94 (1) and applications made under subsection 103 (1) as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Accessible Canada Act — A-0.6 110
Disclosure of personal information 110 For the purpose of the administration of Part III of the Canadian Human Rights Act , the Accessibility Commissioner may disclose to any officer or employee of the Canadian Human Rights Commission any personal information that is contained in a complaint filed with the Accessibility Commissioner.
Accessible Canada Act — A-0.6 111
Special advisor 111 (1) The Governor in Council may appoint, on a full-time basis, a special adviser to the Minister to be called the Chief Accessibility Officer. Tenure of office (2) The Chief Accessibility Officer holds office during good behaviour, for a term of not more than five years, but may be removed for cause at any time by the Governor in Council. Reappointment (3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office. Absence or incapacity of Chief Accessibility Officer (4) In the event of the absence or incapacity of the Chief Accessibility Officer, or if the office of Chief Accessibility Officer is vacant, the Minister may authorize a person to act as Chief Accessibility Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Accessible Canada Act — A-0.6 112
Remuneration and expenses 112 (1) The Chief Accessibility Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred while absent from his or her ordinary place of work in the course of performing his or her duties under this Act. Benefits (2) The Chief Accessibility Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act .
Accessible Canada Act — A-0.6 113
Advice 113 The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — provide information or advice to the Minister in respect of systemic or emerging accessibility issues.
Accessible Canada Act — A-0.6 114
Special report 114 (1) The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — report in writing to the Minister in respect of systemic or emerging accessibility issues. Publication (2) The Chief Accessibility Officer may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister.
Accessible Canada Act — A-0.6 115
Assistance 115 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission, the Federal Public Sector Labour Relations and Employment Board and the Standards Organization must take all reasonable steps to assist the Chief Accessibility Officer in the performance of his or her duties and functions.
Accessible Canada Act — A-0.6 116
Annual report 116 (1) The Chief Accessibility Officer must, after the end of each fiscal year but no later than December 31 following the end of that fiscal year, submit to the Minister a report on (a) the outcomes achieved by this Act during that fiscal year; and (b) systemic or emerging accessibility issues. Tabling (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.