SNL2021 CHAPTER A-1.001 - ACCESSIBILITY ACT[s2(1)(o)(v) not in force]

SNL2021 CHAPTER A-1.001 ACCESSIBILITY ACT [s2(1)(o)(v) not in force] Amended by: 2022 cP-30.1 s39; 2023 c18 s39; 2023 cT-6.2 s307 CHAPTER A-1.001 AN ACT RESPECTING ACCESSIBILITY IN THE PROVINCE (Assented to November 4, 2021) Analysis 1. Short title PART I INTERPRETATION AND PURPOSE 2. Interpretation 3. Purpose 4. Act with higher level of accessibility prevails 5. Crown bound PART II DUTIES OF MINISTER 6. Powers and duties of minister 7. Annual report 8. Delegation by minister PART III BOARD AND COMMITTEES 9. Accessibility Standards Advisory Board 10. Disability Policy Office 11. Standard development committees 12. Standard development committee composition PART IV ACCESSIBILITY STANDARDS 13. Establishment of priorities 14. Establishment of accessibility standards 15. Accessibility standards 16. Proposed accessibility standard recommendations 17. Proposed accessibility standards 18. Accessibility standards updated PART V DUTIES OF INDIVIDUALS, ORGANIZATIONS AND PUBLIC BODIES SUBJECT TO ACCESSIBILITY STANDARDS 19. Compliance with standard 20. Records 21. Incentive-based measures PART VI PUBLIC BODIES 22. Accessibility plan PART VII COMPLIANCE AND ENFORCEMENT 23. Director of Compliance and Enforcement 24. Inspectors 25. Powers of inspectors 26. Order of inspector 27. Director may review decision of inspector 28. Review of inspector's order 29. Monetary penalty PART VIII APPEALS 30. Appeal PART IX GENERAL 31. Public disclosure 32. Protection from liability 33. Statutory review 34. Offence 35. Regulations 36. RSNL1990 cP-43 Amdt. 37. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Accessibility Act. 2021 cA-1.001 s1 PART I INTERPRETATION AND PURPOSE Back to Top Interpretation 2. (1) In this Act (a) "accessibility plan" means a plan to address the prevention, identification and removal of barriers in the policies, programs, practices and services of a public body; (b) "accessibility standard" means an accessibility standard established in accordance with this Act; (c) "barrier" means anything that prevents a person with a disability from fully participating in society, including (i) a physical barrier, (ii) an architectural barrier, (iii) an information or communications barrier, (iv) an attitudinal barrier, (v) a technological barrier, or (vi) a barrier established or perpetuated by an Act, regulations, a policy or a practice; (d) "board" means the Accessibility Standards Advisory Board established under section 9; (e) "built environment" includes (i) facilities, buildings, structures and premises, and (ii) public transportation and transportation infrastructure; (f) "business day" means a day that is not a Saturday or a holiday; (g) "court" means the Supreme Court of Newfoundland and Labrador; (h) "department" means, unless the context indicates otherwise, the department presided over by the minister; (i) "director" means the Director of Compliance and Enforcement appointed section under 23; (j) "Disability Policy Office" means a division of the department established to (i) promote the inclusion of persons with disabilities in all aspects of society, (ii) engage persons with disabilities and advocates in developing ways to identify and remove barriers, and (iii) work with government departments and agencies to develop policies and programs that promote inclusion and removal of barriers; (k) "disability" includes a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation that is permanent, temporary or episodic in nature, that, in interaction with a barrier, prevents a person from fully participating in society; (l) "inspector" means an inspector appointed under section 24; (m) "minister" means the minister appointed under the Executive Council Act to administer this Act; (n) "organization" means (i) a corporation, (ii) a sole proprietorship, (iii) a partnership, (iv) a limited partnership, (v) a society, (vi) an association, and (vii) an entity prescribed as an organization in the regulations; (o) "public body" means (i) a department created under the Executive Council Act or a branch of the executive government of the province, (ii) a corporation, the ownership of which, or a majority of shares of which, is vested in the Crown, (iii) a corporation, commission, board or other body, the majority of the members of which, or the majority of members of the board of directors of which, are appointed under an Act of the province, the Lieutenant-Governor in Council or a minister of the Crown, (iv) a court established under an Act of the province, (v) the House of Assembly and committees of the House of Assembly, (vi) a town under the Towns and Local Service Districts Act , the City of Mount Pearl as established by the City of Mount Pearl Act , the City of St. John's as established by the City of St. John's Act and the City of Corner Brook as established by the City of Corner Brook Act , (vii) the authority as defined in the Provincial Health Authority Act , (viii) Memorial University of Newfoundland, (ix) College of the North Atlantic, (x) a conseil scolaire established or continued under the Schools Act, 1997 , (xi) private educational institutions, and (xii) a body designated in the regulations as a public body; and (p) "standard development committee" means a standard development committee established under section 11. (2) For the purposes of this Act, a document or information is publicly available if it is posted on a website or made available in a manner prescribed in the regulations. 2021 cA-1.001 s2 ; 2022 cP-30.1 s39 ; 2023 c18 s39 ; 2023 cT-6.2 s307 Back to Top Purpose 3. (1) The purpose of this Act is to improve accessibility by preventing, identifying and removing barriers that prevent persons with disabilities from fully participating in society with respect to (a) the design and delivery of programs and services; (b) built environment; (c) information and communication; (d) the procurement of goods, services and facilities; (e) accommodations; (f) education; (g) health; (h) employment; and (i) an activity or undertaking prescribed in the regulations. (2) Communication referred to in paragraph (1)(c) includes the use of American Sign Language and Indigenous sign languages. (3) Sign languages are recognized as languages for communication by deaf persons in the province including, without limitation, American Sign Language and Indigenous sign languages. 2021 cA-1.001 s3 Back to Top Act with higher level of accessibility prevails 4. (1) Nothing in this Act or the regulations diminishes the rights and protections offered to persons with disabilities under the Human Rights Act, 2010 . (2) Where a provision of this Act or the regulations conflicts with a provision of any other Act or regulation, the provisions of this Act or the regulations prevail unless the other Act or regulation provides a higher level of accessibility for persons with disabilities. 2021 cA-1.001 s4 Back to Top Crown bound 5. This Act binds the Crown. 2021 cA-1.001 s5 PART II DUTIES OF MINISTER Back to Top Powers and duties of minister 6. For the purpose of achieving accessibility, the minister shall (a) raise awareness of how barriers impact persons with disabilities; (b) promote and encourage the prevention, identification and removal of barriers; (c) oversee the development and implementation of accessibility standards necessary to attain the purpose of this Act; (d) provide information to assist individuals, organizations and public bodies to integrate applicable accessibility standards into activities and undertakings; and (e) ensure that individuals, organizations and public bodies that may be made subject to accessibility standards are consulted in the development of the accessibility standards. 2021 cA-1.001 s6 Back to Top Annual report 7. The minister shall (a) prepare an annual report that describes the actions taken in that year by the minister under section 6; and (b) make the report publicly available. 2021 cA-1.001 s7 Back to Top Delegation by minister 8. (1) The minister may, in accordance with the regulations, delegate a power or duty conferred or imposed on the minister under this Act to a person prescribed in the regulations. (2) The delegation of powers or duties referred to in subsection (1) shall be in writing and shall state the terms, conditions and limitations of the delegation. 2021 cA-1.001 s8 PART III BOARD AND COMMITTEES Back to Top Accessibility Standards Advisory Board 9. (1) There shall be established an Accessibility Standards Advisory Board. (2) The board shall advise and make recommendations to the minister respecting (a) priorities for the establishment of accessibility standards and, in accordance with sections 16 and 18, the content of accessibility standards and the time periods for their implementation; (b) measures, policies, practices and other requirements that may be implemented by the government to improve accessibility; (c) long-term accessibility objectives for furthering the purpose of this Act; and (d) any other matter relating to accessibility on which the minister seeks the board's advice. (3) The board shall consist of a minimum of 7 members and a maximum of 9 members appointed by the Lieutenant-Governor in Council on the recommendation of the minister and shall comply with the following requirements: (a) at least one half of the members are either ( i ) persons with disabilities, or (ii) representatives from organizations of or for persons with disabilities; and (b) at least one member shall be an Indigenous person. (4) The Lieutenant-Governor in Council shall, on the recommendation of the minister, designate from the members appointed under subsection (3) one member as the chairperson and another member as the vice-chairperson. (5) A person appointed under subsection (3) shall be appointed for a term of 3 years and is eligible to be reappointed but shall not serve for longer than 2 consecutive terms. (6) Where the term of a member expires, the member continues to be a member until reappointed or replaced. (7) The exercise of the powers of the board is not impaired by a vacancy on the board. (8) A member appointed under subsection (3) may be remunerated in accordance with Treasury Board guidelines. (9) The board shall (a) hold at least 4 regular meetings each year; and (b) meet with the minister at least once a year. (10) The board shall (a) prepare a summary report after each regular meeting and make the report publicly available; and (b) prepare an annual report of its activities and operations during the preceding fiscal year, file it with the minister and make the report publicly available. (11) Notwithstanding subsection (5), at least one half of the members appointed following the coming into force of this Act shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years. 2021 cA-1.001 s9 Back to Top Disability Policy Office 10. The Disability Policy Office shall (a) support the implementation and administration of this Act and the regulations; (b) provide policy and communication support for this Act and the regulations; (c) support other departments to develop and implement public education and awareness on the purpose of this Act; (d) examine and review measures, policies, practices and other requirements to improve opportunities for persons with disabilities; (e) identify and study issues of concern to persons with disabilities and recommend action where appropriate; and (f) provide administrative support for the board. 2021 cA-1.001 s10 Back to Top Standard development committees 11. (1) Where the minister determines that an accessibility standard shall be developed, the minister shall direct the board to establish a standard development committee of technical experts and other individuals familiar with issues specific to the standard the minister is requesting be developed, to assist the board with making recommendations to the minister regarding the content and implementation of the accessibility standard. (2) The board shall prepare terms of reference for each standard development committee and shall submit them to the minister for review and approval. (3) The terms of reference referred to in subsection (2) shall include (a) identification and criteria for any technical experts needed for the standard development committee; and (b) the timelines for each stage of the standard development process. 2021 cA-1.001 s11 Back to Top Standard development committee composition 12. (1) A standard development committee established under section 11 shall consist of (a) persons with disabilities or representatives from organizations representing persons with disabilities; (b) representatives of organizations and public bodies and classes of organizations and public bodies that may be affected by the standard being developed; and (c) representatives from departments that have responsibilities related to the standard being developed. (2) At least one half of the members of a standard development committee shall be persons referred to in paragraph (1)(a). (3) An individual does not need to be a member of the board to be a member of a standard development committee. (4) A member of a standard development committee appointed under subsection (1) may be remunerated in accordance with Treasury Board guidelines. 2021 cA-1.001 s12 PART IV ACCESSIBILITY STANDARDS Back to Top Establishment of priorities 13. (1) The board shall make recommendations to the minister respecting priorities for the establishment of accessibility standards. (2) The minister shall review the board’s recommendations referred to in subsection (1) and where the minister approves one or more of the recommendations, the minister shall determine the order in which the accessibility standards shall be developed. 2021 cA-1.001 s13 Back to Top Establishment of accessibility standards 14. (1) The Lieutenant-Governor in Council may, on the recommendation of the minister, make regulations establishing accessibility standards. (2) Notwithstanding subsection (1), the minister may recommend that an accessibility standard be made only after the minister has received the recommendations of the board under section 16. 2021 cA-1.001 s14 Back to Top Accessibility standards 15. (1) An accessibility standard may (a) specify the individuals, organizations or public bodies that are subject to the standard; (b) set out measures, policies, practices and other requirements for ( i ) preventing barriers from being established, and (ii) identifying and removing barriers; and (c) require individuals, organizations or public bodies that are subject to the standard to implement those measures, policies, practices or other requirements within the time periods specified in the standard. (2) An accessibility standard may apply to an individual, an organization or a public body that (a) designs and delivers programs and services; (b) provides information or communication; (c) procures goods, services and facilities; (d) offers accommodations; (e) provides education; (f) provides healthcare; (g) employs persons; (h) owns, operates, maintains or controls an aspect of the built environment other than a private residence with 3 or less residential units; or ( i ) conducts an activity or undertaking prescribed in the regulations. (3) An accessibility standard may create different classes of individuals, organizations or public bodies or aspects of the built environment and may create classes with respect to any attribute, quality or characteristic or any combination of those things, including (a) the number of persons employed by an individual, an organization or a public body or its annual revenue; (b) the type of activity or undertaking in which an individual, organization or public body is engaged or the sector of the economy of which an individual, an organization or public body is a part; or (c) a particular characteristic of an aspect of the built environment, such as the type of infrastructure or the size of a building, a structure or premises, that is owned, operated, maintained or controlled by an individual, an organization or a public body. (4) An accessibility standard may define a class to include or exclude an individual, an organization or a public body or an aspect of the built environment, having the same or different attributes, qualities or characteristics. (5) An individual, an organization or a public body may be subject to more than one accessibility standard. (6) An accessibility standard may be general or specific in its application and may be limited as to time and place. 2021 cA-1.001 s15 Back to Top Proposed accessibility standard recommendations 16. (1) When making a recommendation to the minister regarding a proposed accessibility standard, the board shall consider (a) the accessibility objective for the activity or undertaking, the sector, the aspect of the built environment or the individuals, organizations or public bodies to which the standard relates; (b) the measures, policies, practices or other requirements that the board believes should be implemented, including (i) how and by whom the measures, policies, practices or other requirements should be implemented, and (ii) the time periods for implementing the measures, policies, practices or other requirements; and (c) the United Nations Convention on the Rights of Persons with Disabilities. (2) In recommending the time period for implementing an accessibility standard, the board shall consider (a) the nature of the barriers that the measures, policies, practices or other requirements are intended to identify, prevent or remove; (b) any technical and economic considerations that may be associated with implementing the accessibility standard; and (c) any other matter requested by the minister. (3) In preparing its recommendation, the board shall consult with (a) persons with disabilities; (b) representatives from organizations of and for persons with disabilities; (c) representatives of those engaged in the activity or undertaking, or the individuals, organizations or public bodies, or representatives of the class that may be affected by the proposed accessibility standard; (d) representatives of the public bodies that have responsibilities relating to the activity, undertaking or class that may be affected by the proposed accessibility standard; (e) representatives from Indigenous governments and organizations; and (f) other individuals, organizations or public bodies that the minster considers advisable. (4) The board's recommendations shall be submitted to the minister in the form and within the time specified by the minister. (5) The minister shall make the recommendations publicly available. 2021 cA-1.001 s16 Back to Top Proposed accessibility standards 17. (1) After receiving the board's recommendations, the minister may prepare a proposed accessibility standard adopting the recommendations in whole, in part or with any modifications that the minister considers appropriate. (2) The minister shall make the proposed accessibility standard publicly available. (3) Within 60 business days after a proposed accessibility standard is made available to the public, or within any other longer time period specified by the minister, an individual, an organization and a public body may submit comments about the proposed standard to the minister. (4) After consulting with the board with respect to any comments received and where the minister considers it appropriate, revising the proposed accessibility standard, the minister may recommend the accessibility standard to the Lieutenant-Governor in Council. 2021 cA-1.001 s17 Back to Top Accessibility standards updated 18. (1) After the expiration of not more than 5 years after an accessibility standard is made and every 5 years thereafter, the minister shall refer the accessibility standard to a person or committee for the purpose of undertaking a comprehensive review of the accessibility standard. (2) The person or committee undertaking the review under this section shall consult with (a) persons with disabilities; (b) representatives from organizations of and for persons with disabilities; and (c) representatives from organizations and public bodies affected by the implementation of the accessibility standards. 2021 cA-1.001 s18 PART V DUTIES OF INDIVIDUALS, ORGANIZATIONS AND PUBLIC BODIES SUBJECT TO ACCESSIBILITY STANDARDS Back to Top Compliance with standard 19. An individual, an organization or a public body that is subject to an accessibility standard shall comply with the accessibility standard within the time period specified in the accessibility standard. 2021 cA-1.001 s19 Back to Top Records 20. An individual, an organization or a public body that is subject to an accessibility standard shall (a) prepare and keep records in accordance with the regulations; and (b) make those records available for inspection and examination under this Act and the regulations. 2021 cA-1.001 s20 Back to Top Incentive-based measures 21. Where the minister believes it is in the public interest to do so, the minister may recommend that the Lieutenant-Governor in Council prescribe by regulation incentive-based measures to encourage and assist an individual, an organization or a public body, or a class of individuals, organizations or public bodies, to meet or exceed an accessibility standard. 2021 cA-1.001 s21 PART VI PUBLIC BODIES Back to Top Accessibility plan 22. (1) Within 2 years of the coming into force of this Act and for every 3 years after that, a public body shall prepare an accessibility plan that addresses the prevention, identification and removal of barriers in the policies, programs, practices and services of the public body. (2) An accessibility plan shall include (a) a report on the measures the public body has taken and intends to take to identify, prevent and remove barriers; (b) information on procedures the public body has in place to assess the following to determine their effect on the accessibility for persons with disabilities: ( i ) any of its proposed policies, programs, practices and services, and (ii) any proposed enactments or by-laws that it will be administering; and (c) any other information prescribed in the regulations. (3) In preparing an accessibility plan, a public body shall consult with persons with disabilities or representatives of organizations representing persons with disabilities. (4) A public body shall make its accessibility plans publicly available. (5) Two or more public bodies may agree to have a joint accessibility plan. 2021 cA-1.001 s22 PART VII COMPLIANCE AND ENFORCEMENT Back to Top Director of Compliance and Enforcement 23. (1) The minister may appoint a Director of Compliance and Enforcement who may carry out the duties and exercise the powers of the director under this Act. (2) The director shall (a) carry out the powers and duties assigned to the director under this Act; (b) advise the minister with respect to compliance and enforcement matters; (c) monitor all complaints of non-compliance, inspector visits, orders issued, director reviews, notices of monetary penalties and appeals; (d) provide the minister with a summary report annually or at any more frequent interval as requested by the minister; and (e) perform other duties as assigned by the minister. (3) The director may delegate the exercise of any of the director's powers or duties, other than the power to review an order or decision. (4) The delegation of powers or duties referred to in subsection (3) shall be in writing and shall state the terms, conditions and limitations of the delegation. (5) The minister shall share the report referred to in paragraph (2)(d) with the board. 2021 cA-1.001 s23 Back to Top Inspectors 24. (1) The minister may designate individuals or classes of individuals to act as inspectors for the purpose of this Act and the regulations. (2) The director is designated an inspector for the purpose of this Act and the regulations. (3) A person shall not interfere with, obstruct, attempt to obstruct, or fail to cooperate with, an inspector in the exercise of the inspector's duties or functions under this Act or the regulations. (4) A person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is exercising powers or carrying out duties or functions under this Act or the regulations. 2021 cA-1.001 s24 Back to Top Powers of inspectors 25. An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act or the regulations, inspect or examine the premises, processes, book and records of a person that the inspector may consider relevant for the purpose of determining compliance with this Act or the regulations. 2021 cA-1.001 s25 Back to Top Order of inspector 26. (1) Where an inspector finds that this Act or the regulations are being or have been contravened, the inspector may issue an order requiring the individual, organization or public body responsible for the contravention to remedy it. (2) An order under subsection (1) shall contain the information prescribed in the regulations. 2021 cA-1.001 s26 Back to Top Director may review decision of inspector 27. The director may, on the director's own motion, review any decision of an inspector that does not result in the issuance of an order and may confirm the inspector's decision or direct the inspector to issue an order under section 26. 2021 cA-1.001 s27 Back to Top Review of inspector's order 28. (1) An individual, an organization or a public body named in an order made under section 26 may request the director to review the order. (2) A request under subsection (1) shall be made in writing and shall include the information prescribed in the regulations. (3) Where a request for review is not received by the director within 14 business days after the order is served, the order is final. (4) The director is not required to hold a hearing when a request for review is made but the director shall give the individual, organization or public body requesting the review the opportunity to make written submissions. (5) Where a request for a review is made, an inspector's order is stayed pending the outcome of the review by the director. (6) The director may confirm, vary or revoke an order of the inspector. (7) The director shall within 30 business days of the request for review being made, provide the individual, organization or public body who requested the review (a) a copy of the decision including written reasons; and (b) notification of the right to appeal the order to the court under section 30. 2021 cA-1.001 s28 Back to Top Monetary penalty 29. (1) Where the director is of the opinion that an individual, an organization or public body has failed to comply with an order made under section 26 within the time period specified in the order, the director may issue a written notice requiring the individual, organization or public body to pay a monetary penalty in the amount determined in accordance with the regulations. (2) Notice of a monetary penalty may only be issued after the period for appealing an order has expired or, where an appeal has been filed, after the appeal has been heard and a decision has been made confirming the order. (3) The notice of monetary penalty shall (a) include the information prescribed in the regulations; and (b) be served on the individual, organization or public body required to pay the monetary penalty. (4) An individual, an organization or a public body required to pay a monetary penalty shall pay the monetary penalty (a) within 30 business days after the notice of the monetary penalty is served; or (b) where the monetary penalty is appealed, within 30 business days after the decision on the appeal. (5) A monetary penalty may not be issued by the director where more than 2 years have passed since the act or omission that rendered the individual, organization or public body liable to the monetary penalty first came to the knowledge of the director. (6) The director may file a certificate with the court signed by the director that sets out (a) the amount of the monetary penalty issued; and (b) the individual, organization or public body against whom the monetary penalty is issued. (7) A certificate filed under this section has the same force and effect as if it were a judgment obtained in the court for the recovery of a debt in the amount set out in the certificate and may be enforced in the same manner as a judgment of the court. (8) An individual, organization or public body who pays a monetary penalty for an incident of non-compliance may not be charged with respect to that non-compliance unless the non-compliance continues after the penalty is paid. (9) Monetary penalties paid under this Act may be used for the purpose of accessibility initiatives, including public education and awareness. 2021 cA-1.001 s29 PART VIII APPEALS Back to Top Appeal 30. (1) An individual, an organization or a public body who is directly affected by a decision or order of the director made under (a) section 26 with respect to an order made by the director acting as an inspector; (b) section 28 with respect to a review of an order of an inspector; or (c) section 29 with respect to a monetary penalty, may appeal the decision or order by filing a notice of appeal with the court and serving a copy of the appeal on the director. (2) An appeal may be made to the court on the following grounds: (a) in the case of a decision or order referred to in paragraphs (1)(a) and (b), that the finding of a contravention of this Act or the regulations was incorrect; or (b) in the case of a monetary penalty, that ( i ) the amount of the penalty was not determined in accordance with the regulations, or (ii) the amount of the penalty is not justified in the public interest. (3) A notice of appeal shall be filed within 30 business days of the date the individual, organization or public body is served with the notice of the decision or order that is being appealed. (4) On receipt of the notice of appeal under subsection (1), the director shall file with the court copies of (a) all documents and materials that were before the director when the director made the decision or order; (b) the director's decision or order; and (c) the director's written reasons for the decision or order. (5) An appeal to the court operates as a stay of the decision or order pending the outcome of the appeal. (6) On hearing the appeal, the court may confirm, vary or dismiss the decision or order or refer the matter back to the director. 2021 cA-1.001 s30 PART IX GENERAL Back to Top Public disclosure 31. (1) The minister may issue public reports disclosing details of orders and monetary penalties made under this Act. (2) Reports referred to in subsection (1) may include personal information as defined in the Access to Information and Protection of Privacy Act, 2015 . 2021 cA-1.001 s31 Back to Top Protection from liability 32. The minister, director, members of the board, employees of the Disability Policy Office, members of standard development committees, an inspector or a person acting under the authority of this Act or the regulations shall not be liable for anything done in good faith in the exercise or performance of a power, duty or function conferred or imposed on the person under this Act or the regulations. 2021 cA-1.001 s32 Back to Top Statutory review 33. (1) After the expiration of not more than 5 years after the coming into force of this Act and every 5 years thereafter, the minister shall refer this Act to a person or committee for the purpose of undertaking a comprehensive review of the p rovisions and operation of this Act or part of it. (2) The person undertaking the review under this section shall consult with (a) persons with disabilities; (b) representatives from organizations of and for persons with disabilities; (c) representatives of those engaged in an activity or undertaking, or the individuals, organizations or public bodies, or representatives of a class that have been, or may be, affected by this Act or the regulations; (d) representatives of the public bodies that have responsibilities relating to an activity, undertaking or class that have been, or may be, affected by this Act or the regulations; (e) representatives from Indigenous governments and organizations; and (f) other individuals, organizations or public bodies that the minster considers advisable. 2021 cA-1.001 s33 Back to Top Offence 34. (1) An individual, an organization or a public body who (a) fails to ( i ) prepare and keep records in accordance with the regulations, (ii) make the records available for inspection and examination, or (iii) comply with an accessibility standard as required under section 19; (b) knowingly makes a false or misleading statement to the director or an inspector acting under the authority of this Act or the regulations; (c) knowingly makes a false or misleading statement in a record or report given under this Act or regulations; or (d) hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with, the director or an inspector acting under the authority of this Act or the regulations, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 where the person is an individual and not more than $25,000 where the person is an organization or public body. (2) Where an organization or public body commits an offence under this Act, a director, officer, employee or agent of the organization or public body who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the organization or public body has been prosecuted or convicted. 2021 cA-1.001 s34 Back to Top Regulations 35. The Lieutenant-Governor in Council may make regulations (a) prescribing an entity as an organization for the purposes of paragraph (2)(1)(n ); (b) designating bodies as public bodies for the purposes of paragraph 2(1)(o ); (c) prescribing the manner in which a document may be made publicly available; (d) prescribing an activity or undertaking for the purpose of paragraph 3(1)( i ) and 15(2)( i ); (e) respecting the delegation of the powers and duties of the minister and prescribing to whom the powers and duties may be delegated; (f) establishing accessibility standards; (g) respecting record-keeping requirements for individuals, organizations and public bodies that are subject to an accessibility standard; (h) respecting incentive-based measures to encourage and assist an individual, an organization or a public body, or a class of individuals, organizations or public bodies, to meet or exceed an accessibility standard; (i) prescribing the information to be included in an accessibility plan; (j) prescribing the information to be included in an order of an inspector; (k) prescribing the information to be included in a request for the director to review an order; (l) respecting the determination of amounts of monetary penalties; (m) prescribing the information to be included in a notice of monetary penalty; (n) defining any word or phrase used but not defined in this Act; and (o) generally to give effect to this Act. 2021 cA-1.001 s35 Back to Top RSNL1990 cP-43 Amdt. 36. (1) Schedule C of the Public Service Commission Act is amended by deleting the entity reference " Provincial Advisory Council on the Inclusion of Persons with Disabilities". (2) Schedule C of the Act is amended by inserting immediately before the statutory appointment reference " Apprenticeship and Certification Act , subsection 5(1)" the statutory appointment reference " Accessibility Act , subsection 9(3)". 2021 cA-1.001 s36 Back to Top Commencement 37. (1) This Act, except subparagraph 2(1)(o)(v), comes into force on December 3, 2021. (2) Subparagraph 2(1)(o)(v) comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. 2021 cA-1.001 s37