Accessibility Regulations

This federal law aims to achieve a "barrier-free Canada" by 2040, requiring organizations under federal jurisdiction to identify, remove, and prevent barriers in areas including information and communication technologies. The ACA covers federal government departments, Crown corporations, and federally regulated industries (banks, telecom, transportation, etc.).

Under the ACA, these entities must publish accessibility plans, involve people with disabilities in feedback processes, and report on progress. Web accessibility is explicitly part of the scope – the Government of Canada's own websites are required to meet WCAG 2.0 standards (and updated standards as they are adopted).

In 2023, Canada adopted the European Standard EN 301 549 as a National Standard for ICT accessibility, which references WCAG 2.1 Level AA for websites. While EN 301 549 is currently voluntary, it provides a common benchmark that may influence future regulations and procurement requirements at the federal level.

The ACA does not prescribe specific technical standards in the law itself, but the trend is that WCAG 2.1 AA (and eventually 2.2) will be expected compliance levels for federal organizations. Enforcement of the ACA is handled by bodies like the Canadian Transportation Agency and CRTC for their sectors, and organizations can face compliance orders or fines if they do not make adequate progress on accessibility.

Ontario was the first province in Canada to enact broad accessibility legislation. AODA's goal is to create a fully accessible Ontario by 2025, and it established standards in multiple areas, including Information and Communications.

Since January 1, 2021, AODA regulations require that all public sector organizations and private businesses in Ontario with 50+ employees have websites and web content that conform to WCAG 2.0 Level AA (for content published since 2012). This was a major deadline that spurred compliance activity.

Organizations had to file accessibility compliance reports (by December 2020, later extended to June 2021) attesting they met the web standards. The AODA allows for significant penalties for non-compliance – corporations can be fined up to $100,000 per day of violation (though in practice such fines are used sparingly).

As of 2023, the Ontario government has ramped up enforcement, conducting audits and issuing orders to organizations still not conforming to WCAG requirements. The AODA also set 2025 as the target by which all aspects of accessibility (not just digital, but also employment, transportation, etc.) should be in place in Ontario, making it a landmark year.

In essence, any large Ontario-based company or any organization serving Ontarians has been legally bound to address web accessibility, making AODA a key market driver for services.

Following Ontario's lead, several other provinces implemented their own accessibility acts:

• Manitoba passed the Accessibility for Manitobans Act (AMA) in 2013, which includes an Information and Communications Standard that mandates WCAG 2.1 AA for websites in the public and private sectors.
• Nova Scotia's Accessibility Act (2017) set a goal of an accessible Nova Scotia by 2030; it is developing standards, including one for Information and Communication (digital content) currently in progress.
• British Columbia (Accessible BC Act, 2021) and Newfoundland and Labrador(Accessibility Act, 2021) have more recently introduced legislation focusing on requiring organizations to create accessibility plans and standards, though specific web requirements are still being fleshed out.

These provincial laws generally follow the pattern of requiring public sector compliance first, then phasing in private sector requirements, often aligned with WCAG levels. Organizations in those provinces are beginning to prepare for upcoming deadlines.

In Québec, while there isn't a singular accessibility act for websites, the Quebec government has policies that its ministries must meet SGQRI 008 standard (largely mirroring WCAG) for their web content, and the provincial human rights commission has addressed digital accessibility under anti-discrimination provisions.

Even in the absence of a specific act, Canadians with disabilities have used the Canadian Human Rights Act and provincial human rights codes to file complaints about inaccessible digital services (especially against federally regulated businesses prior to ACA, or in provinces without their own AODA-like law).

The legal landscape in Canada is moving toward more explicit digital accessibility obligations, but even implicitly, failure to accommodate persons with disabilities in the provision of services (including websites) can be deemed discriminatory. This has influenced many organizations to act proactively rather than risk litigation or reputational damage.

In practice, these laws have created a strong compliance market. Private sector companies operating nationally often choose to comply with the highest standard across the board (e.g. adopting WCAG 2.1 AA for all their websites) to satisfy all jurisdictions. Public sector websites across Canada are steadily being upgraded.

The staggered timelines (Ontario by 2021, federally by ongoing timelines to 2040, other provinces by 2025–2030) mean there has been successive waves of demand for services, rather than one simultaneous deadline.

Many Canadian companies are also influenced by U.S. ADA requirements (if they have U.S. customers) and by European accessibility rules (e.g., European Accessibility Act) if they export software or content, so they seek to align with WCAG globally.

Overall, Canada's legal framework for web accessibility is considered relatively strong, and it continues to evolve. As laws mature, we see an emphasis on not just one-time compliance but ongoing accountability (through required reporting, plans, and feedback mechanisms).