Bill 47 - Accessibility Act

BILL 47

Accessibility Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS, PURPOSE AND INTERPRETATION

Definitions

1 The following definitions apply in this Act.

“barrier” includes a physical barrier, an architectural or structural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice. (obstacle)

“Board” means the Accessibility Advisory Board established under subsection 7(1). (Conseil)

“Department” means the Department of Post-Secondary Education, Training and Labour. (ministère)

“Director” means the Director of Compliance and Enforcement appointed under subsection 6(1). (directeur)

“disability” means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap)

“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Purpose

2 The purpose of this Act is

(a) to recognize that

( i) barriers to accessibility impact all persons in New Brunswick, particularly persons with disabilities,

( ii) persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures that impact their full and effective participation in society on an equal basis with others,

( iii) persons with disabilities have rights and freedoms in their own right, including those stated in the Human Rights Act and the Canadian Charter of Rights and Freedoms, and in particular a right to equal protection and benefit of the law without discrimination, and

( iv) under the United Nations Convention on the Rights of Persons with Disabilities, ratified by Canada in 2010, States Parties are expected to take appropriate measures to ensure accessibility,

(b) to achieve a more accessible New Brunswick by 2040 by identifying, preventing and removing barriers to accessibility through the creation of accessibility standards respecting

( i) government services,

( ii) transportation,

( iii) education,

( iv) employment,

( v) the built environment,

( vi) housing,

( vii) information and communications,

( viii) sports and recreation, and

( ix) any activity or matter prescribed by regulation,

(c) to provide for the involvement of persons with disabilities, the public sector, the private sector and other stakeholders in the development of accessibility standards, and

(d) to ensure that progress toward greater accessibility is monitored, reported and reviewed.

Interpretation

3 Nothing in this Act shall be construed as requiring or authorizing any delay in the removal of barriers to accessibility or the implementation of measures to prevent new barriers to accessibility as soon as the circumstances permit.

Conflict

4 If a provision of this Act or a regulation under this Act is inconsistent with or in conflict with a provision of any other act or regulation, the provision of this Act or the regulation under this Act prevails unless the provision of the other act or regulation provides a higher level of accessibility.

PART 2

ACCESSIBILITY OFFICE, DIRECTOR OF COMPLIANCE AND ENFORCEMENT
AND ACCESSIBILITY ADVISORY BOARD

Accessibility Office

5 There is established an office within the Department called the Accessibility Office that shall

(a) undertake research and provide advice, recommendations and assistance to the Minister and the Board on matters relating to accessibility, including policy development, programming and implementation,

(b) identify and study issues of concern to persons with disabilities and recommend action to the Minister where appropriate,

(c) develop and conduct educational programs designed to promote an awareness and understanding of this Act and the regulations,

(d) promote understanding, acceptance and compliance with respect to this Act and the regulations,

(e) assist the Minister and the Board in the implementation and administration of this Act and the regulations, and

(f) perform any other duties or exercise any other powers imposed or conferred on the Office by the Minister or under this Act and the regulations.

Director of Compliance and Enforcement

6( 1) The Minister shall appoint an employee of the Department as the Director of Compliance and Enforcement.

6( 2) The Director shall

(a) be responsible for the general supervision and direction of inspectors,

(b) provide advice to the Minister with respect to compliance with and enforcement of this Act and the regulations,

(d) report to the Minister on compliance and enforcement activities, and

(e) perform any other duties or exercise any other powers imposed or conferred on the Director by the Minister or under this Act and the regulations.

6( 3) No later than 60 days after the end of the fiscal year, the Director shall submit to the Minister a report on compliance and enforcement activities under this Act and regulations with respect to the preceding fiscal year containing a summary of

(a) reports of contraventions received,

(b) inspections carried out,

(d) administrative penalties imposed,

(e) compliance agreements entered into,

(f) charges and convictions for offences, and

(g) reviews and appeals carried out.

6( 4) The Minister may require the Director to submit a report referred to in subsection (3) within another time or for another period specified by the Minister.

6( 5) The Director may delegate, in writing, to any person a duty or power of the Director under this Act or the regulations, except for the power to review an order and the power to delegate.

6( 6) The Director may impose any terms and conditions on a delegation under subsection (5) that the Director considers appropriate.

Accessibility Advisory Board

7( 1) There is established the Accessibility Advisory Board consisting of not more than 12 members appointed by the Minister.

7( 2) In making an appointment under subsection (1), the Minister shall

(a) ensure that a majority of the members of the Board are persons with disabilities, persons who work on behalf of persons with disabilities, or members of provincial agencies or provincial branches of national agencies that work on behalf of, or represent, persons with disabilities, and

(b) have regard to gender, geographic representation, Indigenous representation and the linguistic duality of New Brunswick.

7( 3) The Minister may designate a Chair from among the members of the Board.

Duties and powers

8 The Board shall

(a) make recommendations to the Minister with respect to accessibility standards,

(b) provide advice to the Minister on measures, policies, practices and requirements relating to accessibility,

(c) assess existing measures, policies, practices and requirements relating to accessibility and, if they are inconsistent with the purpose of this Act, suggest improvements to the Minister,

(d) establish objectives for furthering the purpose of this Act, and

(e) perform any other duties or exercise any other powers imposed or conferred on the Board by the Minister or under this Act and the regulations.

Term of office

9( 1) A member of the Board shall be appointed for a term of up to five years and is eligible for reappointment.

9( 2) A member of the Board shall not hold office for more than ten consecutive years.

9( 3) A person who has held office as a member of the Board for ten consecutive years is not eligible to be reappointed until one year has elapsed since the person ceased to hold office.

9( 4) The Minister may only revoke the appointment of a member of the Board for cause.

Meetings and quorum

10( 1) The Board shall meet at least twice each year.

10( 2) A majority of the members of the Board constitutes a quorum.

10( 3) The Board shall prepare and make publicly available a summary of any meeting of the Board within 30 days after the meeting takes place.

Advisory committees

11( 1) The Board may establish advisory committees to assist the Board in making recommendations to the Minister with respect to accessibility standards and for any other purpose the Board considers necessary to carry out its duties under this Act and the regulations.

11( 2) A person is not required to be a member of the Board to be eligible to be appointed as a member of an advisory committee.

11( 3) The Board shall appoint members to an advisory committee, and subsection 7(2) applies with the necessary modifications to the appointments.

11( 4) A member of an advisory committee shall be appointed for a term of up to five years and is eligible for reappointment.

11( 5) A member of an advisory committee shall not hold office for more than ten consecutive years.

11( 6) A person who has held office as a member of an advisory committee for ten consecutive years is not eligible to be reappointed until one year has elapsed since the person ceased to hold office.

11( 7) The Board may appoint a person employed in a portion of the public service specified in Part 1, Part 2, Part 3 or Part 4 of the First Schedule of the Public Service Labour Relations Act as a non-voting member of an advisory committee.

11( 8) A majority of the voting members of an advisory committee constitutes a quorum.

11( 9) The Board may only revoke the appointment of a member of an advisory committee for cause.

Remuneration and reimbursement

12( 1) The Lieutenant-Governor in Council may determine the remuneration to be paid to a member of the Board.

12( 2) A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with the member’s duties on the Board in accordance with the Treasury Board travel policy guidelines, as amended.

12( 3) This section applies with the necessary modifications to a member of an advisory committee appointed by the Board under subsection 11(3).

Confidentiality

13( 1) Except for the purposes of the administration and enforcement of this Act or as required by the Right to Information and Protection of Privacy Act, no member of the Board shall

(a) disclose or allow to be disclosed any information, statement or document obtained under this Act, or

(b) allow any person to inspect or have access to any statement or document obtained under this Act, or any report prepared by or on behalf of the Board from any information, statement or document obtained under this Act.

13( 2) This section applies with the necessary modifications to a member of an advisory committee appointed by the Board under subsection 11(3).

Reporting

14( 1) No later than October 31 in each year, the Board shall submit to the Minister an annual report with respect to the preceding fiscal year containing

(a) a summary of the activities undertaken by the Board, and

(b) any other information required by the Minister.

14( 2) Despite subsection (1), the first annual report of the Board after the commencement of this section shall be submitted to the Minister no later than October 31, 2025.

14( 3) On receiving the Director’s report on compliance and enforcement activities referred to in subsection 6(3), the Minister shall provide it to the Board.

PART 3

ACCESSIBILITY STANDARDS

Recommendations respecting accessibility standards

15( 1) The Board shall make a recommendation to the Minister with respect to an accessibility standard in the form and manner required by the Minister and within the time specified by the Minister.

15( 2) The Board shall consider the following when developing a recommendation to the Minister with respect to an accessibility standard:

(a) the accessibility objectives for the persons, organizations, activities and places to which the accessibility standard would apply;

(b) the measures, policies, practices or other requirements that the Board considers necessary for the effective implementation of the proposed accessibility standard, including

( i) technical and economic factors,

( ii) how and by whom the measures, policies, practices or other requirements should be implemented,

( iii) the time for implementing the measures, policies, practices or other requirements;

(d) the relevant standards enacted or proposed in other jurisdictions that have legislation with a similar purpose as this Act, including the Government of Canada and the government of any other province or territory of Canada; and

(e) the United Nations Convention on the Rights of Persons with Disabilities.

15( 3) The Board shall consider the following when developing a recommendation to the Minister with respect to the time for implementing an accessibility standard:

(a) the nature of the barriers to accessibility that the measures, policies, practices or other requirements are intended to identify, prevent or remove;

(b) any relevant technical or economic factors that may be associated with the implementation of the proposed accessibility standard;

(c) whether different times for implementing the measures, policies, practices or other requirements should apply to organizations of different types and sizes; and

(d) any other matter that the Minister considers advisable.

15( 4) In developing a recommendation to the Minister with respect to an accessibility standard, the Board shall consult with

(a) persons with disabilities,

(b) members of provincial agencies or provincial branches of national agencies that work on behalf of, or represent, persons with disabilities,

(d) any other person or organization that the Minister considers advisable.

15( 5) The Board shall attempt to reach a consensus in making a recommendation to the Minister with respect to an accessibility standard, but if that is not possible, members of the Board may submit separate recommendations to the Minister.

Minister to consider and publish recommendations

16( 1) The Minister shall consider any recommendation made by the Board with respect to an accessibility standard.

16( 2) The Minister shall publish any recommendation made by the Board with respect to an accessibility standard on the Department website.

16( 3) A regulation establishing an accessibility standard shall not be made unless the Board has made a recommendation to the Minister with respect to the accessibility standard.

Review of established accessibility standards

17( 1) The Board shall undertake a review of an accessibility standard established by regulation, in accordance with any requirements prescribed by regulation, within five years after the commencement of the regulation that establishes the standard.

17( 2) The Board shall undertake any subsequent review of an accessibility standard within the time prescribed in the regulation establishing the accessibility standard and in accordance with any requirements prescribed by regulation.

17( 3) In undertaking a review of an accessibility standard, the Board shall consult with

(a) persons with disabilities,

(b) members of provincial agencies or provincial branches of national agencies that work on behalf of, or represent, persons with disabilities, and

17( 4) The Board shall provide to the Minister a report on any review of an accessibility standard it undertakes, in accordance with any requirements prescribed by regulation, and the Minister shall publish the report on the Department website within 30 days after receiving it.

PART 4

REPORTING CONTRAVENTIONS

Reporting contraventions

18( 1) A person may report a contravention of a provision of this Act or the regulations to the Director.

18( 2) A report shall be made in the form and manner that the Director considers appropriate within 12 months after the person becomes aware of the matter that gave rise to the report.

18( 3) The Director may extend the time for making a report if, in the opinion of the Director, the circumstances warrant it.

18( 4) The Director may agree to keep confidential the identity of a person who makes a report if the Director is satisfied that there exists a possibility of intimidation or retaliation by any person towards that person.

18( 5) Unless the Director considers that a report is frivolous, vexatious or not made in good faith, the Director shall refer it to an inspector to carry out an inspection in relation to the alleged contravention.

Reprisals prohibited

19 No person shall dismiss, exclude, expel, suspend, evict, intimidate, coerce, threaten, refuse to employ or deny a right or benefit to or otherwise discriminate against a person because that person has reported a contravention under subsection 18(1), acted in accordance with this Act or the regulations or sought the enforcement of this Act or the regulations.

PART 5

INSPECTIONS

Inspectors

20( 1) The Minister may appoint or designate inspectors for the purpose of this Act.

20( 2) The Minister shall issue to every inspector a certificate of appointment or designation.

20( 3) An inspector, in the execution of the inspector’s duties under this Act or the regulations, shall produce the certificate on request.

Powers of inspectors

21( 1) An inspector may carry out any inspection, examination or test reasonably required to determine compliance with this Act and the regulations and shall perform any other duties or exercise any other powers imposed or conferred on an inspector under the regulations.

21( 2) For the purposes of subsection (1), an inspector may be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise.

21( 3) For the purposes of subsection (1), an inspector may, at any reasonable time, inspect

(a) any land or building, structure or premises that is subject to this Act or the regulations, or

(b) any other premises or place that the inspector has reasonable grounds to believe that records or other things relevant to the administration or enforcement of this Act or the regulations are kept.

21( 4) Despite subsection (3), an inspector shall not enter a private dwelling unless the inspector

(a) is entering with the consent of a person who appears to be an adult and an occupant of the dwelling, or

(b) has obtained an entry warrant under the Entry Warrants Act.

21( 5) The person in charge of the premises or place being inspected or having custody or control of the relevant records or other things shall

(a) produce or make available to the inspector all records and other things that the inspector requires for the inspection,

(b) provide any assistance or additional information, including personal information, that the inspector reasonably requires to perform the inspection, and

21( 6) To inspect records that are maintained electronically at the premises or place being inspected, an inspector may require the person in charge of the premises or place or having custody or control of the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

21( 7) An inspector may use equipment at the premises or place being inspected to make copies of relevant records and may remove copies from the premises or place for further examination.

21( 8) An inspector who is not able to make copies of records being inspected may remove the records from the premises or place.

21( 9) An inspector who removes records under subsection (8) shall give a receipt for the items and return them as soon as the circumstances permit after the making of copies or extracts.

Obstruction of inspector

22( 1) No person shall obstruct, interfere with or fail to cooperate with an inspector who is carrying out or attempting to carry out an inspection under this Act.

22( 2) A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing or interfering with an inspector within the meaning of subsection (1), except if an entry warrant has been obtained.

Inspector’s notice of contravention

23 If an inspector finds that a person or organization has contravened or failed to comply with a provision of this Act or the regulations, the inspector shall make a finding in writing that includes any relevant information and shall give the person or organization a notice in accordance with the regulations that sets out

(a) the contravention or the failure to comply, and

(b) the time within which the contravention or the failure to comply is required to be remedied.

Inspector’s order

24( 1) If a person or organization has received a notice under section 23 and has not remedied the contravention or the failure to comply within the time set out in the notice, the inspector may make an order requiring the person or organization to remedy the contravention or failure to comply within the time specified in the order or to take any step specified in the order, within the time specified in the order, to ensure that the contravention or the failure to comply does not continue or reoccur.

24( 2) An order remains in effect until the inspector is satisfied that the order has been complied with.

24( 3) The Director may review a decision of an inspector not to make an order and may confirm the inspector’s decision or direct the inspector to make an order.

Administrative penalties

25( 1) If the Director is of the opinion that a person or organization has failed to comply with an order under section 24 within the time set out in the order, the Director may issue a notice in writing imposing on the person or organization an administrative penalty established by regulation to be paid to the Minister of Finance and Treasury Board within the time prescribed by regulation.

25( 2) A person or organization referred to in subsection (1) who pays an administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty, unless the incident continues after the penalty is paid.

25( 3) If a person or organization referred to in subsection (1) does not pay an administrative penalty within the time prescribed by regulation, the person or organization may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.

25( 4) Subject to subsection (3), a person or organization charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

25( 5) The Crown in right of the Province may sue for and recover the amount payable as an administrative penalty in an action in any court as if the amount were a debt.

25( 6) The Crown in right of the Province may use any amount paid as an administrative penalty for the purpose of accessibility initiatives, including public education and awareness.

Compliance agreement

26( 1) A person or organization who receives a notice of administrative penalty under subsection 25(1), may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Director for the purpose of ensuring their compliance with the provisions of this Act or the regulations.

26( 2) After considering a request made under subsection (1), the Director may enter into a compliance agreement with the person or organization and impose any terms that the Director considers appropriate, including requiring the deposit of a reasonable security in a form and amount satisfactory to the Director as a guarantee that the person or organization will comply with the compliance agreement, and providing for the reduction of the amount of the administrative penalty in whole or in part.

26( 3) A person or organization that enters into a compliance agreement shall be deemed to have contravened the provision of this Act or the regulations in respect of which the compliance agreement was entered into.

26( 4) If the Director is satisfied that a person or organization has complied with a compliance agreement, the Director shall serve the person or organization with a notice of compliance, and once it is served, any security given under the compliance agreement shall be returned to the person or organization.

26( 5) If the Director is of the opinion that a person or organization has not complied with a compliance agreement, the Director shall serve the person or organization with a notice of default informing them:

(a) that instead of being liable to pay the amount of the penalty set out in the notice of administrative penalty in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner specified in the notice of default, an amount that is twice the amount of that penalty; and

(b) that the security given under the compliance agreement will be forfeited to the Crown in right of the Province.

26( 6) If served with a notice of default under subsection (5),

(a) the person or organization may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of default, and

(b) the security is forfeited to the Crown in right of the Province.

26( 7) If the person or organization pays the amount set out in the notice of default within the time and in the manner specified in the notice, the Director shall accept the amount in complete satisfaction of the amount owing in respect of the contravention.

Refusal to enter into compliance agreement

27 If the Director refuses to enter into a compliance agreement requested under subsection 26(1), the person or organization that made the request is liable to pay, within the time and in the manner specified in the notice of administrative penalty, the amount of the penalty set out in the notice of administrative penalty and section 25 applies.

Review

28( 1) A person or organization named in an order made under section 24 may request that the Director conduct a review of the order by applying in accordance with the regulations.

28( 2) The Director shall conduct a review in accordance with the procedure established by regulation and may confirm, vary or revoke the order.

Appeal

29 A person or organization who is directly affected by a decision of the Director under section 28 may appeal the decision, in accordance with the regulations, to the entity established or designated, as the case may be, by regulation as being responsible for hearing appeals.

PART 6

OFFENCES

Offences

30( 1) A person or organization commits an offence who

(a) violates or fails to comply with section 19 or 22,

(b) fails to prepare or publish an accessibility plan required under this Act or the regulations,

(c) fails to prepare and keep records in accordance with this Act or the regulations or to make those records available for inspection or examination,

(d) knowingly makes a false or misleading statement in a record or report submitted or required under this Act or the regulations, or

(e) knowingly makes a false or misleading statement to the Minister, the Director or an inspector acting under the authority of this Act or the regulations.

30( 2) A person or organization who violates or fails to comply with any provision of the regulations commits an offence.

30( 3) For the purpose of Part 2 of the Provincial Offences Procedure Act, a person or organization who violates or fails to comply with a provision of this Act or the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

30( 4) If an offence under the Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

PART 7

STRATEGIC PLAN AND ACCESSIBILITY PLANS

Strategic plan

31( 1) Within 12 months after the commencement of this section and every five years after that, the Minister shall prepare and publish on the Department website a five-year strategic plan for achieving the goal of a more accessible New Brunswick by 2040.

31( 2) A strategic plan shall contain the following information:

(a) the Minister’s goals and objectives for the relevant five-year period, which shall take into account the policy direction of the government in the area of accessibility; and

(b) the performance measures with respect to the goals and objectives referred to in paragraph (a).

Requirement to prepare and publish accessibility plans

32( 1) Within 18 months after the commencement of this section, every portion of the public service specified in Part 1 of the First Schedule of the Public Service Labour Relations Act shall prepare and publish online an accessibility plan.

32( 2) A portion of the public service specified in Part 2, Part 3 or Part 4 of the First Schedule of the Public Service Labour Relations Act that is required by regulation to prepare and publish online an accessibility plan shall do so within 12 months after being so required.

32( 3) A local government, post-secondary institution or other organization that is required by regulation to prepare and publish online an accessibility plan shall do so within 12 months after being so required.

Accessibility plans

33( 1) In this section, “public sector entity” means an entity required under subsection 32(1) or under a regulation referred to in subsection 32(2) or (3) to prepare and publish an accessibility plan.

33( 2) A public sector entity shall consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan.

33( 3) An accessibility plan shall contain the following information:

(a) a description of the manner in which the public sector entity consulted persons with disabilities in its preparation;

(b) a report on the measures taken with respect to the identification and removal of barriers to accessibility and the prevention of new barriers;

(c) an assessment of any proposed policies, programs, practices, services, laws or by-laws of the public sector entity and their impact on accessibility;

(d) a description of the manner in which the accessibility plan is intended to be implemented and the measures used to evaluate the implementation;

(e) a report on the barriers to accessibility identified and removed since the previous accessibility plan; and

(f) any other information prescribed by regulation.

33( 4) An accessibility plan shall be updated every three years.

33( 5) A public sector entity may agree to prepare an accessibility plan with one or more other public sector entities.

33( 6) If a public sector entity is required to prepare an annual report of its activities, that annual report shall include a report on the public sector entity’s accessibility plan.

PART 8

GENERAL

Recognition of AccessAbility Week

34 Throughout New Brunswick, the week commencing on the last Sunday in May shall be recognized as “AccessAbility Week”.

Minister may enter agreements

35 The Minister may enter into agreements with the Government of Canada, the government of another country, the government of a province or territory of Canada or a state or territory of another country that the Minister considers necessary or expedient for the administration of this Act.

Publication of information by Minister

36( 1) The Minister may publish information in relation to the following:

(a) a decision of the Director under this Act or the regulations;

(b) an inspector’s order made under section 24;

(d) a compliance agreement entered into under section 26; and

(e) a charge or conviction for an offence under this Act or the regulations.

36( 2) Without limiting the generality of subsection (1), the Minister may publish

(a) an individual’s name,

(b) the amount of any penalty, and

36( 3) The Minister may publish the information referred to in subsection (1) in whatever form or manner the Minister considers appropriate.

Delegation by the Minister

37( 1) The Minister may delegate, in writing, to any person any of the Minister’s duties or powers under this Act or the regulations, except the power of delegation.

37( 2) In a delegation under subsection (1), the Minister

(a) shall establish the manner in which the delegate is to exercise the delegated authority, and

(b) may impose on the delegate terms and conditions that the Minister considers appropriate.

37( 3) A delegate shall

(a) exercise the delegated authority in the manner established in the delegation, and

(b) comply with the terms and conditions imposed in the delegation.

37( 4) A person purporting to perform a duty or exercise a power of the Minister by virtue of a delegation under subsection (1) shall produce evidence of their authority to perform the duty or exercise the power when required to do so.

Immunity

38 No action or other proceeding lies or shall be instituted against any of the following persons for anything done or purported to be done in good faith by any of them or in relation to anything omitted in good faith by any of them in the exercise or intended exercise of a power or duty under this Act or the regulations:

(a) the Crown in right of the Province;

(b) the Minister;

(d) the Director;

(e) an inspector;

(f) the Board; and

(g) any other person acting or having acted under the authority of this Act.

Administration

39 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

40( 1) The Lieutenant-Governor in Council may make regulations

(a) respecting the form, language and other means of communication by which information relating to this Act and the regulations shall be made accessible to persons with disabilities;

(b) subject to subsection 16(3), establishing accessibility standards respecting

( i) government services,

( ii) transportation,

( iii) education,

( iv) employment,

( v) the built environment,

( vi) housing,

( vii) information and communications, and

( viii) sports and recreation;

(c) prescribing activities or matters in addition to those set out in subparagraphs (b)(i) to (viii) in respect of which an accessibility standard shall be established;

(d) respecting accessibility standards, including

( i) specifying persons, organizations, activities and places or classes of persons, organizations, activities and places to which an accessibility standard applies,

( ii) respecting measures, policies, practices or other requirements for identifying and removing barriers to accessibility,

( iii) respecting measures, policies, practices or other requirements for preventing barriers to accessibility,

( iv) respecting the evaluation of the measures, policies, practices or other requirements referred to in subparagraphs (ii) and (iii),

( v) specifying the time for implementing measures, policies, practices or other requirements referred to in subparagraphs (ii) and (iii), and

( vi) respecting requirements for record-keeping and reporting on the measures, policies, practices or other requirements referred to in subparagraphs (ii) and (iii);

(e) exempting persons, organizations, activities or places or classes of persons, organizations, activities or places from the application of an accessibility standard;

(f) respecting incentive-based measures to encourage and assist persons or organizations or classes of persons or organizations to meet or exceed accessibility standards;

(g) respecting requirements for the review of accessibility standards by the Board, including specifying the time for conducting a review;

(h) prescribing duties imposed and powers conferred on inspectors;

(i) respecting notices referred to in section 23;

(j) respecting administrative penalties, including

( i) prescribing or determining the amounts that may be imposed as administrative penalties, including minimum and maximum amounts,

( ii) prescribing the time for paying and manner of paying an administrative penalty,

( iii) prescribing the form of a notice of administrative penalty or its content, and

( iv) varying the amount of an administrative penalty prescribed or determined under subparagraph (i) according to the nature or frequency of the contravention or failure to comply and whether the person in contravention or in non-compliance is an individual or a person other than an individual;

(k) respecting reviews under section 28, including

( i) prescribing grounds for a review,

( ii) prescribing the time and manner for an application for a review,

( iii) establishing procedures for reviews,

( iv) respecting the effect of an inspector’s order pending the outcome of a review, and

( v) prescribing duties and powers of the Director with respect to a review;

(l) respecting appeals under section 29, including

( i) establishing or designating, as the case may be, an entity responsible to hear appeals,

( ii) prescribing grounds for an appeal,

( iii) prescribing the time and manner for an application for an appeal,

( iv) prescribing fees for appeals,

( v) establishing procedures for appeals,

( vi) respecting the effect of a decision of the Director pending the outcome of an appeal, and

( vii) prescribing the duties and powers of the entity responsible to hear appeals;

(m) prescribing categories of offences for offences under this Act or the regulations for the purposes of Part 2 of the Provincial Offences Procedure Act;

(n) prescribing portions of the public service specified in Part 2, Part 3 or Part 4 of the First Schedule of the Public Service Labour Relations Act for the purposes of subsection 32(2);

(o) prescribing local governments, post-secondary institutions or other organizations for the purpose of subsection 32(3);

(p) prescribing any other information to be included in an accessibility plan for the purposes of paragraph 33(3)(f);

(q) defining any word or expression used but not defined in this Act for the purpose of this Act, the regulations or both;

(r) respecting any other matter that may be necessary for the proper administration of this Act.

40( 2) A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.

40( 3) Regulations may vary for or be made in respect of different persons, matters, activities or things or different classes of persons, matters, activities or things.

40( 4) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

PART 9

CONSEQUENTIAL AMENDMENT AND COMMENCEMENT

Regulation under the Accountability and Continuous Improvement Act

41 New Brunswick Regulation 2022-80 under the Accountability and Continuous Improvement Act is amended in Schedule B by adding in alphabetical order the following:

Accessibility Advisory Board

Commencement

42( 1) Subject to subsection (2), Parts 2 and 3, paragraphs 40(1)(b) to (g) and section 41 of this Act come into force on August 30, 2024.

42( 2) Sections 6 and 36, paragraphs 40(1)(h), (i), (j), (k), (l) and (m) and Parts 4, 5 and 6 of this Act or any provision of them come into force on a day or days to be fixed by proclamation.