Accessibility for Ontarians with Disabilities
Act, 2005
S.o. 2005, chapter 11
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Table of Contents
CONTENTS
PART
I
INTERPRETATION |
1. |
Purpose |
2. |
Definitions |
3. |
Recognition of existing legal obligations |
PART
II
APPLICATION |
4. |
Application |
5. |
Crown bound |
PART
III
ACCESSIBILITY STANDARDS |
Establishment
of Standards |
6. |
Accessibility standards established
by regulation |
Standards
Development Process |
7. |
Process for development of standards |
8. |
Standards development committees |
9. |
Development of proposed standards |
10. |
Proposed standards made public |
11. |
Progress reports |
12. |
Assistance for standards development
committees |
Compliance
with Standards and Review of Reports |
13. |
Compliance with accessibility standard |
14. |
Accessibility report |
15. |
Certification of accessibility report |
16. |
Review of director |
17. |
Other reports and information |
PART
IV
INSPECTIONS |
18. |
Inspectors |
19. |
Inspections without warrant |
20. |
Search warrant |
PART
V
DIRECTOR’S ORDERS AND ADMINISTRATIVE PENALTIES |
21. |
Orders |
22. |
Notice of order |
23. |
Enforcement of administrative penalties |
24. |
No hearing required prior to order |
25. |
Order reviewed, etc. |
PART
VI
APPEALS TO TRIBUNAL |
26. |
Designation of tribunals |
27. |
Appeals to Tribunal |
28. |
Mediation |
PART
VII
MUNICIPAL ACCESSIBILITY ADVISORY COMMITTEES |
29. |
Accessibility advisory committees |
PART
VIII
ADMINISTRATION |
30. |
Directors |
31. |
Accessibility Standards Advisory Council |
32. |
Accessibility Directorate of Ontario |
PART
IX
INCENTIVE AGREEMENTS |
33. |
Agreements |
PART
X
GENERAL |
34. |
Delegation of Minister’s powers |
35. |
Document formats |
36. |
Service |
37. |
Offences |
38. |
Conflict |
39. |
Regulations |
40. |
Annual report |
41. |
Review of Act |
Part
I
interpretation
Purpose
1. Recognizing the history
of discrimination against persons with disabilities in Ontario,
the purpose of this Act is to benefit all Ontarians by,
(a) developing, implementing and enforcing accessibility
standards in order to achieve accessibility for
Ontarians with disabilities with respect to goods, services, facilities,
accommodation, employment, buildings, structures and premises
on or before January 1, 2025; and
(b) providing for the involvement of persons
with disabilities, of the Government of Ontario and of representatives
of industries and of various sectors of the economy in the development
of the accessibility standards. 2005, c. 11, s. 1.
Definitions
2. In this Act,
“accessibility standard” means an accessibility
standard made by regulation under section 6; (“norme d’accessibilité”)
“barrier” means anything that prevents a person
with a disability from fully participating in all aspects of society
because of his or her disability, including a physical barrier,
an architectural barrier, an information or communications barrier,
an attitudinal barrier, a technological barrier, a policy or a
practice; (“obstacle”)
“director” means a director appointed under
section 30; (“directeur”)
“disability” means,
(a) any degree of physical disability, infirmity,
malformation or disfigurement that is caused by bodily injury,
birth defect or illness and, without limiting the generality of
the foregoing, includes diabetes mellitus, epilepsy, a brain injury,
any degree of paralysis, amputation, lack of physical co-ordination,
blindness or visual impediment, deafness or hearing impediment,
muteness or speech impediment, or physical reliance on a guide
dog or other animal or on a wheelchair or other remedial appliance
or device,
(b) a condition of mental impairment or a developmental
disability,
(c) a learning disability, or a dysfunction
in one or more of the processes involved in understanding or using
symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits
were claimed or received under the insurance plan established
under the Workplace Safety and Insurance Act, 1997; (“handicap”)
“Minister” means the Minister of Citizenship
and Immigration or whatever other member of the Executive Council
to whom the administration of this Act is assigned under the Executive
Council Act; (“ministre”)
“organization” means any organization in the
public or private sector and includes,
(a) a ministry of the Government of Ontario
and any board, commission, authority or other agency of the Government
of Ontario,
(b) any agency, board, commission, authority,
corporation or other entity established under an Act,
(c) a municipality, an association, a partnership
and a trade union, or
(d)
any other prescribed type of entity; (“organisation”)
“prescribed” means
prescribed by regulation; (“prescrit”)
“regulations” means
the regulations made under this Act, unless the context indicates
or requires otherwise; (“règlements”)
“Tribunal” means,
with respect to an appeal of an order made by a director under
this Act, the tribunal designated by the Lieutenant Governor in
Council under section 26 for the purposes of hearing that appeal.
(“Tribunal”) 2005, c. 11, s. 2.
Recognition of existing legal obligations
3. Nothing in this Act
or in the regulations diminishes in any way the legal obligations
of the Government of Ontario or of any person or organization
with respect to persons with disabilities that are imposed under
any other Act or otherwise imposed by law. 2005, c. 11,
s. 3.
part
ii
application
Application
4. This Act applies to
every person or organization in the public and private sectors
of the Province of Ontario, including the Legislative Assembly
of Ontario. 2005, c. 11, s. 4.
Crown bound
5. This Act binds the
Crown. 2005, c. 11, s. 5.
part
iii
accessibility standards
Establishment
of Standards
Accessibility standards established by regulation
6. (1) The Lieutenant Governor
in Council may make regulations establishing accessibility standards.
2005, c. 11, s. 6 (1).
Application of standards
(2) An accessibility standard shall name or describe
the persons or organizations to which it applies. 2005,
c. 11, s. 6 (2).
Same
(3) An accessibility standard may apply only to a person
or organization that,
(a) provides goods, services or facilities;
(b) employs persons in Ontario;
(c) offers accommodation;
(d) owns or occupies a building, structure or
premises; or
(e) is engaged in a prescribed business, activity
or undertaking or meets such other requirements as may be prescribed.
2005, c. 11, s. 6 (3).
Same, Legislative Assembly
(4) An accessibility standard that applies to the Legislative
Assembly may impose obligations on the Speaker of the Assembly
and may apply with respect to all or part of the Legislative Building
or of such other offices that fall within the jurisdiction of
the Legislative Assembly and are identified in the accessibility
standard. 2005, c. 11, s. 6 (4).
Several applicable standards
(5) A person or organization may be subject to more
than one accessibility standard. 2005, c. 11, s. 6 (5).
Content of standards
(6) An accessibility standard shall,
(a) set out measures, policies, practices or
other requirements for the identification and removal of barriers
with respect to goods, services, facilities, accommodation, employment,
buildings, structures, premises or such other things as may be
prescribed, and for the prevention of the erection of such barriers;
and
(b) require the persons or organizations named
or described in the standard to implement those measures, policies,
practices or other requirements within the time periods specified
in the standard. 2005, c. 11, s. 6 (6).
Classes
(7) An accessibility standard may create different classes
of persons or organizations or of buildings, structures or premises
and, without limiting the generality of this power, may create
classes with respect to any attribute, quality or characteristic
or any combination of those items, including,
(a) the number of persons employed by persons
or organizations or their annual revenue;
(b) the type of industry in which persons or
organizations are engaged or the sector of the economy of which
persons or organizations are a part;
(c) the size of buildings, structures or premises.
2005, c. 11, s. 6 (7).
Same
(8) An accessibility standard may define a class to
consist of one person or organization or to include or exclude
a person or organization having the same or different attributes,
qualities or characteristics. 2005, c. 11, s. 6 (8).
Scope
(9) An accessibility standard may be general or specific
in its application and may be limited as to time and place.
2005, c. 11, s. 6 (9).
Standards
Development Process
Process for development of standards
7. The Minister is responsible
for establishing and overseeing a process to develop and implement
all accessibility standards necessary to achieving the purposes
of this Act. 2005, c. 11, s. 7.
Standards development committees
8. (1) As part of the process
referred to in section 7, the Minister shall establish standards
development committees to develop proposed accessibility standards
which shall be considered for adoption by regulation under section
6. 2005, c. 11, s. 8 (1).
Responsibility for specified industries, etc.
(2) Each standards development committee is responsible
for,
(a) developing proposed accessibility standards
for such industries, sectors of the economy or classes of persons
or organizations as the Minister may specify; and
(b) further defining the persons or organizations
that are part of the industry, sector of the economy or class
specified by the Minister under clause (a). 2005, c. 11,
s. 8 (2).
Consultation with ministries
(3) Before establishing a standards development committee
for a particular industry, sector of the economy or class of persons
or organizations, the Minister shall consult with other ministers
having responsibilities relating to that industry, sector or class
of persons or organizations. 2005, c. 11, s. 8 (3).
Composition of standards development committee
(4) The Minister shall invite the following persons
or entities to participate as members of a standards development
committee:
1. Persons with disabilities or their representatives.
2. Representatives of the industries, sectors
of the economy or classes of persons or organizations to which
the accessibility standard is intended to apply.
3. Representatives of ministries that have responsibilities
relating to the industries, sectors of the economy or classes
of persons or organizations to which the accessibility standard
is intended to apply.
4. Such other persons or organizations as the
Minister may consider advisable. 2005, c. 11, s. 8 (4).
Participation of Council members
(5) The Minister may invite members of the Accessibility
Standards Advisory Council to participate as members of a standards
development committee. 2005, c. 11, s. 8 (5).
Terms of reference
(6) The Minister shall fix terms of reference for each
standards development committee and shall establish in the terms
of reference the deadlines that each committee must meet throughout
the various stages of the standards development process.
2005, c. 11, s. 8 (6).
Committee members’ allowance
(7) The terms of reference may,
(a) provide for the Minister to pay members
of a standards development committee an allowance for attendance
at committee meetings and a reimbursement for expenses incurred
by members in an amount that the Minister determines; and
(b) specify the circumstances in which the allowance
or reimbursement may be paid. 2005, c. 11, s. 8 (7).
Terms of reference made public
(8) After fixing the terms of reference under subsection
(6), the Minister shall make the terms of reference available
to the public by posting them on a government internet site and
by such other means as the Minister considers advisable.
2005, c. 11, s. 8 (8).
Minutes of meetings
(9) A standards development committee shall keep minutes
of every meeting it holds and shall make the minutes available
to the public by posting them on a government internet site and
by such other means as the terms of reference may provide.
2005, c. 11, s. 8 (9).
Development of proposed standards
9. (1) Each standards development
committee shall develop proposed accessibility standards in accordance
with the process set out in this section and with the terms of
reference established by the Minister. 2005, c. 11,
s. 9 (1).
Determination of long-term objectives
(2) Promptly after its establishment, each standards
development committee shall determine the long-term accessibility
objectives for the industry, sector of the economy or class of
persons or organizations in relation to which the committee has
responsibilities under subsection 8 (2), by identifying the measures,
policies, practices and requirements that it believes should be
implemented by the members of the industry, sector or class on
or before January 1, 2025. 2005, c. 11, s. 9 (2).
Progressive implementation
(3) Each standards development committee shall determine
an appropriate time-frame for the implementation of the measures,
policies, practices and requirements identified under subsection
(2) taking into account,
(a) the range of disabilities that the measures,
policies, practices and requirements are intended to address;
(b) the nature of the barriers that the measures,
policies, practices and requirements are intended to identify,
remove and prevent;
(c) any technical and economic considerations
that may be associated with their implementation; and
(d) any other consideration required under the
committee’s terms of reference. 2005, c. 11, s. 9 (3).
Time-frame
(4) The time-frame referred to in subsection (3) shall
enable the measures, policies, practices and requirements identified
under subsection (2) to be implemented in stages according to
the following rules:
1. The standards development committee shall
fix a target date for the implementation of the measures, policies,
practices and requirements that the committee identifies for implementation
at the first stage and the target date shall be no more than five
years after the day the committee was established.
2. The standards development committee shall
fix successive target dates for the implementation of the measures,
policies, practices and requirements that the committee identifies
for implementation at each of the following stages and each target
date shall be no more than five years after the previous target
date. 2005, c. 11, s. 9 (4).
Initial proposed standard
(5) Within the time period specified by the committee’s
terms of reference, each standards development committee shall
prepare a proposed accessibility standard and submit it to the
Minister for the purposes of making the proposed standard public
and receiving comments in accordance with section 10. 2005,
c. 11, s. 9 (5).
Finalizing initial proposed standard
(6) After considering the comments received under section
10, a standards development committee may make any changes it
considers advisable to the proposed accessibility standard and
provide the Minister with the proposed accessibility standard
within the time period specified by the committee’s terms of reference.
2005, c. 11, s. 9 (6).
Minister’s response
(7) No later than 90 days after receiving a proposed
accessibility standard under subsection (6), the Minister shall
decide whether to recommend to the Lieutenant Governor in Council
that the proposed standard be adopted by regulation under section
6 in whole, in part or with modifications. 2005, c. 11,
s. 9 (7).
Same
(8) On making a decision under subsection (7), the Minister
shall inform, in writing, the standards development committee
that developed the proposed standard in question of his or her
decision. 2005, c. 11, s. 9 (8).
Development of subsequent proposed standards
(9) Within five years after an accessibility standard
is adopted by regulation or at such earlier time as the Minister
may specify, the standards development committee responsible for
the industry, sector of the economy or class of persons or organizations
to which the standard applies shall,
(a) re-examine the long-term accessibility objectives
determined under subsection (2);
(b) if required, revise the measures, policies,
practices and requirements to be implemented on or before January
1, 2025 and the time-frame for their implementation;
(c) develop another proposed accessibility standard
containing such additions or modifications to the existing accessibility
standard as the standards development committee deems advisable
and submit it to the Minister for the purposes of making the proposed
standard public and receiving comments in accordance with section
10; and
(d) make such changes it considers advisable
to the proposed accessibility standard developed under clause
(c) based on the comments received under section 10 and provide
the Minister with the subsequent proposed accessibility standard.
2005, c. 11, s. 9 (9).
Completion of process
(10) Subsection (9) applies with necessary modifications
to the development of successive proposed accessibility standards
until such time as all the measures, policies and practices and
requirements identified under subsection (2) and by subsequent
reviews under clause (9) (b) are adopted by regulation.
2005, c. 11, s. 9 (10).
Proposed standards made public
10. (1) Upon receiving
a proposed accessibility standard from a standards development
committee under subsection 9 (5) or clause 9 (9) (c), the Minister
shall make it available to the public by posting it on a government
internet site and by such other means as the Minister considers
advisable. 2005, c. 11, s. 10 (1).
Comments
(2) Within 45 days after a proposed accessibility standard
is made available to the public in accordance with subsection
(1) or within such other period of time as may be specified by
the Minister, any person may submit comments with respect to a
proposed accessibility standard to the appropriate standards development
committee. 2005, c. 11, s. 10 (2).
Progress reports
11. (1) Each standards
development committee shall provide the Minister with periodic
reports on the progress of the preparation of the proposed standard
as specified in the committee’s terms of reference or as may be
required by the Minister from time to time. 2005, c. 11,
s. 11 (1).
Progress reports made public
(2) Upon receiving a report under subsection (1), the
Minister shall make it available to the public by posting it on
a government internet site and by such other means as the Minister
considers advisable. 2005, c. 11, s. 11 (2).
Assistance for standards development committees
12. The Minister may
retain, appoint or request experts to provide advice to a standards
development committee. 2005, c. 11, s. 12.
Compliance with Standards and Review of Reports
Compliance with accessibility standard
13. A person or organization
to whom an accessibility standard applies shall comply with the
standard within the time period set out in the standard.
2005, c. 11, s. 13.
Accessibility report
14. (1) A person or organization
to whom an accessibility standard applies shall file an accessibility
report with a director annually or at such other times as the
director may specify. 2005, c. 11, s. 14 (1).
Report available to public
(2) A person or organization shall make an accessibility
report filed under subsection (1) available to the public.
2005, c. 11, s. 14 (2).
Form
(3) An accessibility report shall be in the form approved
by the Minister and the Minister may require
that the report or a part of the report be provided electronically
in a format approved by the Minister. 2005, c. 11,
s. 14 (3).
Content
(4) An accessibility report shall contain such information
as may be prescribed. 2005, c. 11, s. 14 (4).
Certification of accessibility report
15. (1) An accessibility
report shall include a statement certifying that all the information
required to be provided in the report under this Act has been
provided and that the information is accurate and the statement
shall be signed,
(a)
if the person preparing the report is an individual, by the individual;
and
(b)
in all other cases, by a director, a senior officer or other responsible
person with authority to bind the organization. 2005, c. 11,
s. 15 (1).
Electronic signature
(2) If an accessibility report is filed in an electronic
format approved by the Minister, the requirement that a person
sign the report under subsection (1) shall be met if he or she
provides an electronic signature. 2005, c. 11, s. 15 (2).
Definition
(3) In subsection (2),
“electronic signature”
means a personal identification number (PIN), password, biometric
information or any other electronic information that a person
creates or adopts to be used in the place of his or her signature
to authenticate his or her identity and that is in, attached to
or associated with an accessibility report. 2005, c. 11,
s. 15 (3).
Review of director
16. A director may review
an accessibility report filed under section 14 to determine whether
it complies with the regulations and whether the person or organization
who submitted the report has complied with all applicable accessibility
standards. 2005, c. 11, s. 16.
Other reports and information
17. At the request of
a director, a person or organization shall provide the director
with reports or information relating to the compliance of the
person or organization with the accessibility standards.
2005, c. 11, s. 17.
part
iv
inspections
Inspectors
18. (1) The Deputy Minister
shall appoint one or more inspectors for the purposes of this
Act and the regulations within a reasonable time after the first
accessibility standard is established under section 6. 2005,
c. 11, s. 18 (1).
Certificate of appointment
(2) The Deputy Minister shall issue to every inspector
a certificate of appointment bearing his or her signature or a
facsimile of his or her signature. 2005, c. 11, s. 18 (2).
Production of certificate
(3) An inspector carrying out an inspection under section
19 shall produce his or her certificate of appointment upon request.
2005, c. 11, s. 18 (3).
Inspections without warrant
19. (1) An inspector may
carry out an inspection under this Act for the purpose of determining
whether this Act and the regulations are being complied with.
2005, c. 11, s. 19 (1).
Entry
(2) In the course of carrying out an inspection, an
inspector may, without warrant, enter any lands or any building,
structure or premises where the inspector has reason to believe
there may be documents or things relevant to the inspection.
2005, c. 11, s. 19 (2).
Time of entry
(3) The power to enter and inspect a place without
a warrant may be exercised only during the place’s regular business
hours or, if it does not have regular business hours, during daylight
hours. 2005, c. 11, s. 19 (3).
Dwellings
(4) An inspector shall not enter into a place or part
of a place that is a dwelling without the consent of the occupant.
2005, c. 11, s. 19 (4).
Powers
(5) Upon entering a place under subsection (2), an
inspector may,
(a)
require any person in the place to produce any document, record
or thing that is relevant to the inspection;
(b)
upon giving a receipt for it, remove any document, record or thing
that is relevant to the inspection for the purposes of making
copies or extracts;
(c) question any person present in the place
on matters relevant to the inspection;
(d) use any data storage, processing or retrieval
device or system used in carrying on business in the place in
order to produce a document or record in readable form.
2005, c. 11, s. 19 (5).
Written demand
(6) A demand that a document, record or thing be produced
for inspection must be in writing and must include a statement
of the nature of the document, record or thing required.
2005, c. 11, s. 19 (6).
Assistance
(7) An inspector may be accompanied by any person who
has special, expert or professional knowledge and who may be of
assistance in carrying out the inspection. 2005, c. 11,
s. 19 (7).
Use of force prohibited
(8) An inspector shall not use force to enter and inspect
premises under this section. 2005, c. 11, s. 19 (8).
Obligation to produce and assist
(9) A person who is required to produce a document,
record or thing under clause (5) (a) shall produce it and shall,
on request by the inspector, provide any assistance that is reasonably
necessary, including assistance in using any data storage, processing
or retrieval device or system, to produce a document or record
in readable form. 2005, c. 11, s. 19 (9).
Return of removed things
(10) An inspector who removes any document, record
or thing from a place under clause (5) (b) shall,
(a) make it available to the person from whom
it was removed, on request, at a time and place convenient for
both the person and the inspector; and
(b) return it to the person being inspected
within a reasonable time. 2005, c. 11, s. 19 (10).
Admissibility of copies
(11) A copy of a document or record certified by an
inspector to be a true copy of the original is admissible in evidence
to the same extent as the original and has the same evidentiary
value. 2005, c. 11, s. 19 (11).
Search warrant
20. (1) Upon application
made without notice by an inspector appointed under this Act,
a justice of the peace may issue a warrant, if he or she is satisfied
on information under oath or affirmation that there is reasonable
ground for believing that,
(a) a person has contravened or is contravening
this Act or the regulations; and
(b) there are in any building, dwelling, receptacle
or place any documents, records or other things relating to a
contravention of this Act or the regulations. 2005, c. 11,
s. 20 (1).
Powers
(2) A warrant obtained under subsection (1) may authorize
an inspector named in the warrant, upon producing his or her appointment,
(a) to enter any place specified in the warrant,
including a dwelling; and
(b) to do any of the things specified in the
warrant. 2005, c. 11, s. 20 (2).
Conditions on search warrant
(3) A warrant obtained under subsection (1) shall contain
such conditions as the justice of the peace considers advisable
to ensure that any search authorized by the warrant is reasonable
in the circumstances. 2005, c. 11, s. 20 (3).
Expert help
(4) The warrant may authorize persons who have special,
expert or professional knowledge to accompany and assist the inspector
in respect of the execution of the warrant. 2005, c. 11,
s. 20 (4).
Time of execution
(5) An entry under a warrant issued under this section
shall be made between 6 a.m. and 9 p.m., unless the warrant specifies
otherwise. 2005, c. 11, s. 20 (5).
Expiry of warrant
(6) A warrant issued under this section shall name
a date of expiry, which shall be no later than 30 days after the
warrant is issued, but a justice of the peace may extend the date
of expiry for an additional period of no more than 30 days, upon
application without notice by the inspector named in the warrant.
2005, c. 11, s. 20 (6).
Use of force
(7) The inspector named in the warrant may call upon
police officers for assistance in executing the warrant and the
inspector may use whatever force is reasonably necessary to execute
the warrant. 2005, c. 11, s. 20 (7).
Obstruction prohibited
(8) No person shall,
(a) obstruct an inspector carrying out an inspection
under a warrant issued under this section;
(b) refuse to answer questions on matters relevant
to the inspection;
(c) provide the inspector with information on
matters relevant to the inspection that the person knows to be
false or misleading; or
(d) withhold from the inspector any information
that is relevant to the inspection. 2005, c. 11, s. 20 (8).
Application
(9) Subsections 19 (9), (10) and (11) apply with necessary
modifications to an inspection carried out pursuant to a warrant
issued under this section. 2005, c. 11, s. 20 (9).
part
v
director’s orders and administrative penalties
Orders
Determination of applicable
standard
21. (1) For the purposes
of determining whether an accessibility standard applies to a
person or organization, a director may order that,
(a) the person or organization be treated as
being part of a particular industry, sector of the economy or
class of persons or organizations; and
(b) two or more persons or organizations be
treated as one person or organization. 2005, c. 11,
s. 21 (1).
Same
(2) One of the circumstances in which a director may
make an order under subsection (1) is where a person or organization
has organized his, her or its businesses, activities or undertakings
in a particular manner and the intent or effect of doing so is
to permit the person or organization not to comply with a particular
accessibility standard or to otherwise defeat the purposes of
this Act. 2005, c. 11, s. 21 (2).
Compliance order, reporting requirements
(3) If a director concludes that a person or organization
has contravened section 14 or 17, the director may, by order,
require the person or organization to do any or all of the following:
1. File an accessibility report that complies
with the requirements under this Act within the time specified
in the order.
2. Provide the director with such reports or
information as may be required under section 17 within the time
specified in the order.
3. Subject to subsection (6), pay an administrative
penalty in accordance with the regulations. 2005, c. 11,
s. 21 (3).
Same, standards and regulations
(4) If a director concludes that a person or organization
has contravened a provision of an accessibility standard or of
any other regulation, the director may, by order, require the
person or organization to do either or both of the following:
1. Comply with the accessibility standard or
other regulation within the time specified in the order.
2. Subject to subsection (6), pay an administrative
penalty in accordance with the regulations. 2005, c. 11,
s. 21 (4).
Failure to comply with previous order
(5) If a person or organization fails to comply with
an order made under subsection (3) or (4) within the time specified
in the order and no appeal of the order is made within the time
specified in subsection 27 (1), a director may, subject to subsection
(6), make an order requiring the person or organization to pay
an administrative penalty in accordance with the regulations.
2005, c. 11, s. 21 (5).
Administrative penalties
(6) An administrative penalty may be ordered under
this section for one or more of the following purposes:
1. To encourage compliance with this Act or
with an order made under this Act.
2. To prevent a person or organization from
deriving, directly or indirectly, any economic benefit as a result
of a contravention of this Act or the regulations.
3. To recover the costs of enforcing this Act
and the regulations against the person or organization that is
required to pay the administrative penalty. 2005, c. 11,
s. 21 (6).
Content of order
(7) An order under this section shall,
(a)
in the case of an order under subsection (1), inform the person
or organization of the nature of the order and of the reasons
for the order;
(b)
in the case of an order under subsections (3), (4) and (5),
(i) contain a description of the contravention
to which the order relates and, in the case of an order under
subsection (5), identify the previous order to which that order
relates,
(ii) inform the person or organization of what
must be done in order to comply with the order, and
(iii) specify the time within which the person
or organization must comply with the order; and
(c)
inform the person or organization of the right to appeal the order
to the Tribunal under section 27 within 15 days after the day
the order is made. 2005, c. 11, s. 21 (7).
Notice of order
22. (1) A director shall
not make an order under section 21 unless, before doing so, he
or she gives notice of the order to the person or organization
that is the subject of the proposed order and gives the person
or organization an opportunity to make submissions with respect
to the proposed order in accordance with this section. 2005,
c. 11, s. 22 (1).
Content of notice
(2) The notice shall inform the person or organization,
(a) of the nature of the order that the director
proposes to make;
(b)
of the steps that the person or organization must take in order
to comply with the order;
(c)
of the right of the person or organization to make written submissions
to the director explaining the alleged failure to comply; and
(d)
of the time within which the submissions must be made. 2005,
c. 11, s. 22 (2).
Written submissions
(3) The person or organization that receives notice
under this section may make written submissions to the director
to explain any alleged contravention of section 14 or 17, of an
accessibility standard or of any other regulation within 30 days
of the day notice is received or within such further time as may
be specified in the notice. 2005, c. 11, s. 22 (3).
Enforcement of administrative penalties
23. (1) If a person or
organization fails to comply with an order to pay an administrative
penalty within the time specified in the order and no appeal of
the order is made within the time specified in subsection 27 (1),
the order may be filed with a local registrar of the Superior
Court of Justice and may be enforced as if it were an order of
the court. 2005, c. 11, s. 23 (1).
Same
(2) Section 129 of the Courts of Justice Act
applies in respect of an order filed with the Superior Court of
Justice under subsection (1) and, for the purpose, the date on
which the order is filed shall be deemed to be the date of the
order. 2005, c. 11, s. 23 (2).
Failure to pay after appeal
(3) Subsections (1) and (2) apply with necessary modifications
to an order of the Tribunal requiring a person or organization
to pay an administrative penalty. 2005, c. 11, s. 23 (3).
Stay where appeal
(4) If a person or organization gives notice of appeal
of an order to pay an administrative penalty within the time specified
in subsection 27 (1), the requirement to pay is stayed until the
disposition of the appeal. 2005, c. 11, s. 23 (4).
No hearing required prior to order
24. A director is not
required to hold a hearing or to afford a person or organization
an opportunity for a hearing before making an order under section
21. 2005, c. 11, s. 24.
Order reviewed, etc.
25. Within a reasonable
time after making an order under section 21, a director may review
the order and vary or rescind it. 2005, c. 11, s. 25.
part
vi
appeals to Tribunal
Designation of tribunals
26. (1) The Lieutenant
Governor in Council shall, by regulation, designate one or more
tribunals for the purposes of this Act and of the regulations
within a reasonable time after the first accessibility standard
is established under section 6. 2005, c. 11, s. 26 (1).
Responsibility of tribunals
(2) Each tribunal designated under subsection (1) shall
be responsible for hearing such matters arising under this Act
as are specified in the designation. 2005, c. 11, s. 26 (2).
Powers and duties
(3) A tribunal designated under subsection (1) may
exercise such powers and shall perform such duties as are conferred
or imposed upon it by or under this Act. 2005, c. 11,
s. 26 (3).
Appeals to Tribunal
27. (1) A person or organization
that is the subject of an order made by a director under section
21, 25 or subsection 33 (8) may appeal the order by filing a notice
of appeal with the Tribunal within 15 days after the day the order
is made. 2005, c. 11, s. 27 (1).
Notice of appeal
(2) A notice of appeal shall be in a form approved
by the Tribunal and shall contain the information required by
the Tribunal. 2005, c. 11, s. 27 (2).
Filing fee
(3) A person or organization that appeals an order
to the Tribunal shall pay the prescribed filing fee. 2005,
c. 11, s. 27 (3).
Hearing
(4) The Tribunal shall hold a written hearing with
respect to an appeal under subsection (1) unless a party satisfies
the Tribunal that there is good reason to hear oral submissions.
2005, c. 11, s. 27 (4).
Panels
(5) Despite the requirement of any other Act, the chair
of the Tribunal may appoint a panel of one or more persons to
hold hearings under this Act in the place of the full Tribunal
and the panel has all the powers and duties of the Tribunal under
this Act. 2005, c. 11, s. 27 (5).
Parties to appeal
(6) The parties to an appeal to the Tribunal are,
(a) the person or organization that made the
appeal to the Tribunal;
(b) the director who made the order; and
(c) any other person or organization that the
Tribunal considers necessary for the proper conduct of the hearing.
2005, c. 11, s. 27 (6).
Order of Tribunal
(7) After holding a hearing into the matter, the Tribunal
may confirm, vary or rescind an order of the director. 2005,
c. 11, s. 27 (7).
Mediation
28. The Tribunal may
attempt to effect a settlement of all or part of the matters that
are the subject of an appeal by mediation if,
(a) the parties consent to the mediation; and
(b) the Tribunal considers that it is in the
public interest to do so. 2005, c. 11, s. 28.
Part vii
municipal accessibility advisory committees
Accessibility advisory committees
29. (1) The council of
every municipality having a population of not less than 10,000
shall establish an accessibility advisory committee or continue
any such committee that was established before the day this section
comes into force. 2005, c. 11, s. 29 (1).
Small municipalities
(2) The council of every municipality having a population
of less than 10,000 may establish an accessibility advisory committee
or continue any such committee that was established before the
day this section comes into force. 2005, c. 11, s. 29 (2).
Members
(3) A majority of the members of the committee shall
be persons with disabilities. 2005, c. 11, s. 29 (3).
Duties of committee
(4) The committee shall,
(a)
advise the council about the requirements and implementation of
accessibility standards and the preparation of accessibility reports
and such other matters for which the council may seek its advice
under subsection (5);
(b)
review in a timely manner the site plans and drawings described
in section 41 of the Planning Act that the committee
selects; and
(c)
perform all other functions that are specified in the regulations.
2005, c. 11, s. 29 (4).
Duty of council
(5) The council shall seek advice from the committee
on the accessibility for persons with disabilities to a building,
structure or premises, or part of a building, structure or premises,
(a)
that the council purchases, constructs or significantly renovates;
(b)
for which the council enters into a new lease; or
(c)
that a person provides as municipal capital facilities under an
agreement entered into with the council in accordance with section
110 of the Municipal Act, 2001. 2005, c. 11,
s. 29 (5).
Supplying site plans
(6) When the committee selects site plans and drawings
described in section 41 of the Planning Act to review,
the council shall supply them to the committee in a timely manner
for the purpose of the review. 2005, c. 11, s. 29 (6).
Joint committees
(7) Two or more municipalities may, instead of each
establishing their own accessibility advisory committee, establish
a joint accessibility advisory committee. 2005, c. 11,
s. 29 (7).
Application
(8) Subsections (3) to (6) apply with necessary modifications
to a joint accessibility advisory committee. 2005, c. 11,
s. 29 (8).
Part
viii
administration
Directors
30. (1) The Deputy Minister
shall appoint one or more directors for the purposes of this Act
and the regulations. 2005, c. 11, s. 30 (1).
Responsibility
(2) A director is responsible for the application of
all or any part of this Act and of the regulations with respect
to any class of persons or organizations specified in the director’s
appointment. 2005, c. 11, s. 30 (2).
Powers and duties
(3) A director shall perform such duties and exercise
such powers as may be specified in this Act or the regulations,
subject to such conditions and restrictions as may be set out
in the appointment. 2005, c. 11, s. 30 (3).
Delegation
(4) A director may, in writing, authorize any person
to exercise any power or perform any duty of the director, subject
to such conditions and restrictions as may be set out in the authorization.
2005, c. 11, s. 30 (4).
Same
(5) An authorization under subsection (4) may authorize
an inspector appointed under this Act and named in the authorization
to make orders under subsections 21 (3), (4) and (5). 2005,
c. 11, s. 30 (5).
No liability
(6) No action or other proceeding for damages shall
be instituted against a director or a person authorized to exercise
a power of a director under subsection (4) for any act done in
good faith in the execution or intended execution of the person’s
power or duty or for any alleged neglect or default in the execution
in good faith of the person’s power or duty. 2005, c. 11,
s. 30 (6).
Accessibility Standards Advisory Council
31. (1) The Minister shall
establish a council to be known in English as the Accessibility
Standards Advisory Council and in French as Conseil consultatif
des normes d’accessibilité. 2005, c. 11, s. 31 (1).
Members
(2) A majority of the members of the Council shall
be persons with disabilities. 2005, c. 11, s. 31 (2).
Remuneration and expenses
(3) The Minister may pay the members of the Council
the remuneration and the reimbursement for expenses that the Lieutenant
Governor in Council determines. 2005, c. 11, s. 31 (3).
Duties
(4) At the direction of the Minister, the Council shall
advise the Minister on,
(a) the process for the development of accessibility
standards and the progress made by standards development committees
in the development of proposed accessibility standards and in
achieving the purposes of this Act;
(b) accessibility reports prepared under this
Act;
(c) programs of public information related to
this Act; and
(d) all other matters related to the subject-matter
of this Act that the Minister directs. 2005, c. 11,
s. 31 (4).
Public consultation
(5) At the direction of the Minister, the Council shall
hold public consultations in relation to the matters referred
to in subsection (4). 2005, c. 11, s. 31 (5).
Reports
(6) The Council shall give the Minister such reports
as the Minister may request. 2005, c. 11, s. 31 (6).
Accessibility Directorate of Ontario
32. (1) The directorate
known in English as the Accessibility Directorate of Ontario and
in French as Direction générale de l’accessibilité pour l’Ontario
is continued. 2005, c. 11, s. 32 (1).
Employees
(2) Such employees as are necessary for the proper
conduct of the Directorate’s work may be appointed under the Public
Service Act. 2005, c. 11, s. 32 (2).
Functions of Directorate
(3) At the direction of the Minister, the Directorate
shall,
(a) advise the Minister with respect to the
establishment and composition of standards development committees
and with respect to the standards development process established
under section 9;
(b) prepare training material for members of
the standards development committees and guidelines and other
reference material that may be used in preparing proposed accessibility
standards;
(c) advise the Minister as to the form and content
of accessibility reports and as to the method of reviewing the
reports and enforcing the accessibility standards;
(d) consult with persons and organizations required
to prepare accessibility reports under this Act on the preparation
of their reports;
(e) conduct research and develop and conduct
programs of public education on the purpose and implementation
of this Act;
(f) consult with organizations, including schools,
school boards, colleges, universities, trade or occupational associations
and self-governing professions, on the provision of information
and training respecting accessibility within such organizations;
(g) inform persons and organizations that may
be subject to an accessibility standard at a future date of preliminary
measures, policies or practices that they could implement before
the accessibility standard comes into force in order to ensure
that the goods, services, facilities, accommodation and employment
they provide, and the buildings, structures and premises they
own or occupy, are more accessible to persons with disabilities;
(h) examine and review accessibility standards
and advise the Minister with respect to their implementation and
effectiveness;
(i) support the Accessibility Standards Advisory
Council and consult with it;
(j) examine and review Acts and regulations
and any programs or policies established by Acts or regulations
and make recommendations to the Minister for amending them or
adopting, making or establishing new Acts, regulations, programs
or policies to improve opportunities for persons with disabilities;
and
(k) carry out all other duties related to the
subject-matter of this Act that the Minister determines.
2005, c. 11, s. 32 (3).
part
ix
incentive agreements
Agreements
33. (1) If the Minister
believes it is in the public interest to do so, the Minister may
enter into agreements under this section with any person or organization
required under this Act to comply with an accessibility standard,
in order to encourage and provide incentives for such persons
or organizations to exceed one or more of the requirements of
the accessibility standards. 2005, c. 11, s. 33 (1).
Content of agreements
(2) A person or organization who enters into an agreement
with the Minister under this section shall undertake to exceed
one or more of the requirements of an accessibility standard applicable
to that person or organization and to meet such additional requirements
as may be specified in the agreement, within the time period specified
in the agreement, in relation to accessibility with respect to,
(a) goods, services and facilities provided
by the person or organization;
(b) accommodation provided by the person or
organization;
(c) employment provided by the person or organization;
and
(d) buildings, structures or premises owned
or occupied by the person or organization. 2005, c. 11,
s. 33 (2).
Exemptions and other benefits
(3) In consideration for the undertaking referred to
in subsection (2), the Minister may, in an agreement under this
section, grant such benefits as may be specified in the agreement
to the person or organization who gave the undertaking and may
exempt the person or organization from,
(a) the requirement of filing an accessibility
report under section 14 or such part of the report as may be specified
in the agreement; and
(b) any obligation to file or submit information,
documents or reports to a director or to the Minister that is
required by regulation and referred to in the agreement.
2005, c. 11, s. 33 (3).
Same
(4) An exemption under subsection (3) may be granted
for the period of time specified in the agreement. 2005,
c. 11, s. 33 (4).
Other reporting requirements
(5) An agreement made under this section may specify
such reporting requirements as may be agreed to by the parties
instead of those required by this Act or the regulations.
2005, c. 11, s. 33 (5).
Enforcement of agreement
(6) The Minister may appoint an inspector for the purposes
of determining whether the person or organization has failed to
comply with the accessibility requirements of the agreement.
2005, c. 11, s. 33 (6).
Application
(7) Sections 18, 19 and 20 apply with necessary modifications
to an inspection carried out for the purposes of determining whether
a person or organization has failed to comply with the accessibility
requirements of an agreement entered into under this section.
2005, c. 11, s. 33 (7).
Director’s order
(8) A director who concludes that a person or organization
has failed to comply with the accessibility requirements of an
agreement entered into under this section may, by order, require
a person or organization to do either or both of the following:
1. Comply with the requirements of the agreement
within the time period specified in the order.
2. Pay an administrative penalty in accordance
with the regulations. 2005, c. 11, s. 33 (8).
Application
(9) Subsections 21 (5), (6) and (7) and sections 22,
23, 24 and 25 apply with necessary modifications to an order made
under subsection (8). 2005, c. 11, s. 33 (9).
Alternative remedy
(10) Nothing in this section affects any remedy available
at law to the Minister for breach of the agreement. 2005,
c. 11, s. 33 (10).
part
x
general
Delegation of Minister’s powers
34. The Minister may
delegate any of his or her powers under this Act to a director,
whether or not the director is an employee of the Ministry, or
to such employees of the Ministry as may be named in the delegation.
2005, c. 11, s. 34.
Document formats
35. (1) Despite any requirement
in this Act that a notice, order or other document given or made
by the Minister, a director or the Tribunal be in writing, if
a request is made by or on behalf of a person with disabilities
that the notice, order or document be provided in a format that
is accessible to that person, the notice, order or document shall
be provided in such a format. 2005, c. 11, s. 35 (1).
Same
(2) A notice, order or other document provided to a
person with disabilities under subsection (1) shall be provided
within a reasonable time after the request is made. 2005,
c. 11, s. 35 (2).
Service
36. (1) Any notice given
under section 22 or 33 and any order made under section 21, 25,
27 or 33 shall be given or served only,
(a)
by personal delivery;
(b)
by a method of delivery by mail that permits the delivery to be
verified; or
(c)
by telephonic transmission of a facsimile of the document or by
electronic mail if the person is equipped to receive such transmissions
or mail. 2005, c. 11, s. 36 (1).
Personal delivery to various entities
(2) Service by personal delivery of a notice or order
referred to in subsection (1) shall be delivered,
(a) in the case of service on a municipal corporation,
to the mayor, warden, reeve or other chief officer of the municipality
or to the clerk of the municipality;
(b) in the case of service on a corporation
other than a municipal corporation, to a director or officer of
the corporation or to a manager, secretary or other person apparently
in charge of a branch office of the corporation;
(c) in the case of service on a partnership,
to a partner or person apparently in charge of an office of the
partnership; and
(d) in the case of service on any other organization,
to a person apparently in charge of an office or of any place
at which the organization carries on business. 2005, c. 11,
s. 36 (2).
Deemed service
(3) If service is made by mail, the service shall be
deemed to be made on the fifth day after the day of mailing unless
the person on whom service is being made establishes that the
person did not, acting in good faith, through absence, accident,
illness or other cause beyond the person’s control, receive the
notice or order until a later date. 2005, c. 11, s. 36 (3).
Same
(4) A document that is served by a means described
in clause (1) (c) on a Saturday, Sunday or a public holiday or
on any other day after 5 p.m. shall be deemed to have been served
on the next day that is not a Saturday, Sunday or public holiday.
2005, c. 11, s. 36 (4).
Exception
(5) Despite subsection (1), the Tribunal may order
any other method of service it considers appropriate in the circumstances.
2005, c. 11, s. 36 (5).
Offences
37. (1) A person is guilty
of an offence who,
(a) furnishes false or misleading information
in an accessibility report filed with a director under this Act
or otherwise provides a director with false or misleading information;
(b) fails to comply with any order made by a
director or the Tribunal under this Act; or
(c) contravenes subsection 20 (8) or subsection
(2). 2005, c. 11, s. 37 (1).
Same, intimidation
(2) No person shall intimidate, coerce, penalize or
discriminate against another person because that person,
(a)
has sought or is seeking the enforcement of this Act or of a director’s
order made under this Act;
(b)
has co-operated or may co-operate with inspectors; or
(c)
has provided, or may provide, information in the course of an
inspection or proceeding under this Act. 2005, c. 11,
s. 37 (2).
Penalties
(3) Every person who is guilty of an offence under
this Act is liable on conviction,
(a)
to a fine of not more than $50,000 for each day or part of a day
on which the offence occurs or continues to occur; or
(b)
if the person is a corporation, to a fine of not more than $100,000
for each day or part of a day on which the offence occurs or continues
to occur. 2005, c. 11, s. 37 (3).
Duty of director or officer
(4) Every director or officer of a corporation has
a duty to take all reasonable care to prevent the corporation
from committing an offence under this section. 2005, c. 11,
s. 37 (4).
Offence
(5) Every director or officer of a corporation who
has a duty under subsection (4) and who fails to carry out that
duty is guilty of an offence and on conviction is liable to a
fine of not more than $50,000 for each day or part of a day on
which the offence occurs or continues to occur. 2005, c. 11,
s. 37 (5).
Conflict
38. If a provision of
this Act, of an accessibility standard or of any other regulation
conflicts with a provision of any other Act or regulation, the
provision that provides the highest level of accessibility for
persons with disabilities with respect to goods, services, facilities,
employment, accommodation, buildings, structures or premises shall
prevail. 2005, c. 11, s. 38.
Regulations
39. (1) The Lieutenant
Governor in Council may make regulations,
(a) governing the time-frames for the development
of proposed accessibility standards by standards development committees
established under section 8, for the implementation of accessibility
standards and for the review of those standards and providing
different time-frames for different accessibility standards relating
to different industries, sectors of the economy or classes of
persons or organizations;
(b) governing reports or information to be provided
to a director for the purposes of this Act and requiring persons
or organizations to provide such information;
(c) governing accessibility reports, including
the preparation of such reports;
(d) respecting the manner in which accessibility
reports shall be made available to the public and requiring persons
and organizations to make the reports available in a prescribed
manner;
(e) prescribing the times at which accessibility
reports shall be filed with a director, including prescribing
different times for different classes of persons and organizations;
(f) prescribing the information to be included
in accessibility reports, including prescribing different information
to be included in reports prepared by different classes of persons
and organizations;
(g) governing the appointment and qualifications
of inspectors appointed under section 18;
(h) governing director’s orders made under Part
V of this Act;
(i) governing the administrative penalties that
a director may require a person or organization to pay under this
Act and all matters necessary and incidental to the administration
of a system of administrative penalties under this Act;
(j) designating one or more tribunals for the
purposes of this Act and respecting the matters that may be heard
by each designated tribunal;
(k) prescribing the filing fee for filing an
appeal to the Tribunal and respecting the payment of the fee including
prescribing the person or entity to which the fee shall be paid;
(l) governing mediations conducted by the Tribunal
under section 28 including prescribing any fees relating to the
mediation process and requiring persons to pay the fees;
(m)
specifying additional functions of municipal accessibility advisory
committees for the purposes of clause 29 (4) (c);
(n) respecting what constitutes a significant
renovation for the purposes of clause 29 (5) (a) and what constitutes
a new lease for the purposes of clause 29 (5) (b);
(o) respecting the powers of a director;
(p) governing agreements made under section
33;
(q) defining the terms “accessibility”, “accommodation”
and “services” for the purposes of this Act and of the regulations;
(r) exempting any person or organization or
class thereof or any building, structure or premises or class
thereof from the application of any provision of this Act or the
regulations;
(s) prescribing or respecting any matter that
this Act refers to as a matter that the regulations may prescribe,
specify, designate, set or otherwise deal with;
(t) respecting any transitional matters necessary
for the effective implementation of this Act and the regulations;
(u) respecting any matter necessary to the enforcement
and administration of this Act. 2005, c. 11, s. 39 (1).
Administrative penalties
(2) A regulation under clause (1) (i) may,
(a) prescribe the amount of an administrative
penalty or provide for the determination of the amount of the
penalty by prescribing the method of calculating the amount and
the criteria to be considered in determining the amount;
(b) provide for different amounts to be paid,
or different calculations or criteria to be used, depending on
the circumstances that gave rise to the administrative penalty
or the time at which the penalty is paid;
(c) provide for the payment of lump sum amounts
and of daily amounts, prescribe the circumstances in which either
or both types of amounts may be required;
(d) prescribe the maximum amount that a person
or organization may be required to pay, whether a lump-sum amount
or a daily amount, and, in the case of a daily amount, prescribe
the maximum number of days for which a daily amount may be payable;
(e) specify types of contraventions or circumstances
in respect of which an administrative penalty may not be ordered;
(f) prescribe circumstances in which a person
or organization is not required to pay an administrative penalty
ordered under this Act;
(g) provide for the form and content of an order
requiring payment of an administrative penalty and prescribe information
to be included in the order;
(h) provide for the payment of administrative
penalties, prescribe the person or entity to which the penalty
is to be paid and provide for the investment of money received
from administrative penalties, including the establishment of
a special fund, and the use of such money and interest earned
thereon;
(i) prescribe procedures relating to administrative
penalties. 2005, c. 11, s. 39 (2).
Exemptions
(3) A regulation under clause (1) (r) shall state the
reasons for exempting the persons, organizations, buildings, structures
or premises or classes thereof, described in the regulation, from
the application of the provisions specified in the regulation.
2005, c. 11, s. 39 (3).
Draft regulation made public
(4) The Lieutenant Governor in Council shall not make
a regulation under subsection (1) unless a draft of the regulation
is made available to the public for a period of at least 45 days
by posting it on a government internet site and by such other
means as the Minister considers advisable. 2005, c. 11,
s. 39 (4).
Opportunity for comments
(5) Within 45 days after a draft regulation is made
available to the public in accordance with subsection (1), any
person may submit comments with respect to the draft regulation
to the Minister. 2005, c. 11, s. 39 (5).
Changes to draft regulation
(6) After the time for comments under subsection (5)
has expired, the Lieutenant Governor in Council may, without further
notice, make the regulation with such changes as the Lieutenant
Governor in Council considers advisable. 2005, c. 11,
s. 39 (6).
Classes
(7) A regulation under this section may create different
classes of persons or organizations or of buildings, structures
or premises and, without limiting the generality of this power,
may create classes with respect to any attribute, quality or characteristic
or any combination of those items, including,
(a) the number of persons employed by persons
or organizations or their annual revenue;
(b) the type of industry in which persons or
organizations are engaged or the sector of the economy of which
persons or organizations are a part;
(c) the size of buildings, structures or premises.
2005, c. 11, s. 39 (7).
Same
(8) A regulation under this section may define a class
to consist of one person or organization or to include or exclude
a person or organization having the same or different attributes,
qualities or characteristics. 2005, c. 11, s. 39 (8).
Same
(9) A regulation under this section may impose different
requirements, conditions or restrictions on or in respect of any
class. 2005, c. 11, s. 39 (9).
Scope
(10) A regulation under this section may be general
or specific in its application and may be limited as to time and
place. 2005, c. 11, s. 39 (10).
Annual report
40. (1) The Minister shall
prepare an annual report on the implementation and effectiveness
of this Act. 2005, c. 11, s. 40 (1).
Content of report
(2) The report shall include an analysis of how effective
the standards development committees, the accessibility standards
and the enforcement mechanisms provided for under this Act are
in furthering the purpose of this Act. 2005, c. 11,
s. 40 (2).
Tabling of report
(3) The Minister shall submit the report to the Lieutenant
Governor in Council and shall cause the report to be laid before
the Assembly if it is in session or, if not, at the next session.
2005, c. 11, s. 40 (3).
Review of Act
41. (1) Within four years
after this section comes into force, the Lieutenant Governor in
Council shall, after consultation with the Minister, appoint a
person who shall undertake a comprehensive review of the effectiveness
of this Act and the regulations and report on his or her findings
to the Minister. 2005, c. 11, s. 41 (1).
Consultation
(2) A person undertaking a review under this section
shall consult with the public and, in particular, with persons
with disabilities. 2005, c. 11, s. 41 (2).
Contents of report
(3) Without limiting the generality of subsection (1),
a report may include recommendations for improving the effectiveness
of this Act and the regulations. 2005, c. 11, s. 41 (3).
Tabling of report
(4) The Minister shall submit the report to the Lieutenant
Governor in Council and shall cause the report to be laid before
the Assembly if it is in session or, if not, at the next session.
2005, c. 11, s. 41 (4).
Further review
(5) Within three years after the laying of a report
under subsection (4) and every three years thereafter, the Lieutenant
Governor in Council shall, after consultation with the Minister,
appoint a person who shall undertake a further comprehensive review
of the effectiveness of this Act and the regulations. 2005,
c. 11, s. 41 (5).
Same
(6) Subsections (2), (3) and (4) apply with necessary
modifications to a review under subsection (5). 2005, c. 11,
s. 41 (6).
42. Omitted (amends
or repeals other Acts). 2005, c. 11, s. 42.
43. Omitted (provides
for coming into force of provisions of this Act). 2005,
c. 11, s. 43.
44. Omitted (enacts
short title of this Act). 2005, c. 11, s. 44.
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