Accessible Canada Act — A-0.6 82
Entering into compliance agreements 82 (1) After considering a request made under paragraph 81 (2)(a), the Accessibility Commissioner may enter into a compliance agreement, as described in that paragraph, with the regulated entity or person making the request on any terms that the Accessibility Commissioner considers appropriate. The terms may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Accessibility Commissioner, as a guarantee that the regulated entity or person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A regulated entity or person that enters into a compliance agreement is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) If the Accessibility Commissioner is satisfied that a regulated entity or person that has entered into a compliance agreement has complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of compliance, and once it is served, (a) the proceedings commenced in respect of the violation are ended; and (b) any security given under the compliance agreement must be returned to them. Notice of default (4) If the Accessibility Commissioner is of the opinion that a regulated entity or person that has entered into a compliance agreement has not complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of default informing them of one of the following: (a) that instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default, and without taking account of the limit set out in subsection 91 (2), an amount that is twice the amount of that penalty; (b) that the security, if any, given under the compliance agreement will be forfeited to Her Majesty in right of Canada. Effect of service of notice of default — payment (5) If served with a notice of default under paragraph (4)(a), the regulated entity or person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of default. Effect of service of notice of default — forfeiture (6) If served with a notice of default under paragraph (4)(b), the security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (7) If the regulated entity or person pays the amount set out in the notice of default within the time and in the manner specified in the notice of default, the Accessibility Commissioner must accept the amount in complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.