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Digital Accessibility Laws in Canada

Canada has been quietly but firmly wiring digital accessibility into law. Federally, the Accessible Canada Act (ACA), in force since 2019, aims for a barrier-free Canada by 2040 across seven areas, including information and communication technologies; all federal websites and apps must conform to WCAG 2.0 AA under the Standard on Web Accessibility.DigitalA11Y.

Provinces layer on their own rules: Ontario’s AODA targets full accessibility by 2025 and requires public sector bodies and larger private organizations to make their websites WCAG 2.0 AA compliant, while Manitoba, Nova Scotia, British Columbia and others are rolling out similar frameworks that explicitly cover digital content.

The stakes are high: more than one in four Canadians aged 15+ has a disability, yet about 45% of people with disabilities or long-term conditions report facing barriers in online activities, and 17% report at least one accessibility barrier when using the internet for essentials like government services, bookings, banking or shopping.

Federal Law: The Accessible Canada Act (ACA)

The Accessible Canada Act (ACA), passed in 2019, sets a national goal for a barrier-free Canada by 2040. A barrier-free Canada means eliminating obstacles that prevent people with disabilities from accessing services, information, and opportunities; particularly in digital environments. This includes ensuring websites, mobile apps, and digital documents are accessible to all users regardless of ability.

The ACA makes digital accessibility mandatory for all organizations under federal jurisdiction. This includes banks, telecommunications providers, airlines and rail transport companies, as well as federal government departments and agencies. These organizations must ensure their digital services meet accessibility requirements to serve all Canadians effectively.

Mandatory Digital Accessibility Requirements

Under the ACA, federally regulated organizations must make their websites, apps, and digital documents accessible. They are required to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which provide detailed technical standards for accessibility. Organizations must also publish accessibility plans and annual progress reports, demonstrating their ongoing commitment to accessibility. Additionally, a public feedback process must be provided to allow users to report accessibility issues and request improvements.

Enforcement and Penalties

The Accessibility Commissioner is responsible for monitoring compliance with the ACA. The Commissioner has the authority to investigate complaints and issue fines of up to $250,000 per violation for non-compliance. Failure to make digital content accessible can be considered discrimination under federal law, exposing organizations to legal and financial risks.

Provincial Digital Accessibility Laws

While the ACA sets the national baseline, provinces also have their own digital accessibility legislation that complements federal requirements. These laws apply to organizations operating within provincial jurisdictions and may include additional obligations.

Ontario: Accessibility for Ontarians with Disabilities Act (AODA)

Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) applies to both public and private sectors. It legally requires that all websites and web content meet WCAG 2.0 Level AA standards, with the exception of live captions and audio descriptions. Organizations must file accessibility compliance reports and regularly update web content to stay current with evolving standards. Non-compliance can result in fines of up to $100,000 per day, emphasizing the importance of ongoing accessibility efforts.

Manitoba: Accessibility for Manitobans Act (AMA)

The Accessibility for Manitobans Act (AMA) includes requirements for accessible information and communication, which extend to websites and digital documents. While WCAG compliance is not yet mandatory under the AMA, it is strongly recommended as the recognized standard for accessibility. Organizations are encouraged to adopt WCAG guidelines proactively to improve accessibility and prepare for potential future regulations.

Nova Scotia: Accessibility Act

The Nova Scotia Accessibility Act requires public sector bodies to make digital information accessible to all users. The province has set a goal of full accessibility by 2030, with WCAG Level AA serving as the guiding standard for compliance. This law reflects Nova Scotia’s commitment to creating an inclusive digital environment for residents and visitors alike.

British Columbia: Accessible British Columbia Act (ABCA)

The Accessible British Columbia Act (ABCA), enacted in 2021, requires public bodies to develop accessibility plans, establish feedback systems, and form accessibility committees. Digital accessibility is a central focus of the ABCA, and organizations are expected to meet WCAG 2.1 Level AA standards. This legislation promotes transparency and accountability in accessibility efforts across the province.

WCAG: The National Standard for Digital Accessibility

Across Canada, the Web Content Accessibility Guidelines (WCAG) are the accepted benchmark for accessibility compliance. These guidelines provide detailed technical criteria to ensure digital content is accessible to people with a wide range of disabilities.

What WCAG Covers

WCAG focuses on four key principles:

Perceivable: All users must be able to perceive content through various sensory means. This includes providing text alternatives for images, captions for videos, and other methods to ensure users can perceive information regardless of their sensory abilities.

Operable: All functionality must be usable with a keyboard or assistive technology. Users should be able to navigate and interact with content without relying on a mouse or other pointing devices.

Understandable: Content needs to be straightforward, consistent, and easy to read. This involves using simple language, consistent navigation, and error prevention measures to help users understand and use digital services effectively.

Robust: Content must be compatible with assistive technologies and future updates. This ensures that digital platforms continue to function correctly as technology evolves.

Required Compliance Level

WCAG 2.1 Level AA is the minimum legal standard for most public sector and federally regulated organizations in Canada. Compliance with this level addresses the majority of common accessibility barriers and is widely recognized as the benchmark for digital accessibility.

Private organizations are strongly encouraged to comply with WCAG 2.1 Level AA to reduce legal risk under the Accessible Canada Act (ACA) and provincial human rights laws. Adopting these standards also demonstrates a commitment to inclusivity and improves overall user experience.

How to Stay Compliant

Digital accessibility compliance requires ongoing effort, not a one-time audit. Staying compliant means regularly reviewing and updating digital content and systems to meet evolving standards and user needs.

Key Actions

Conduct regular WCAG audits: Regular audits help identify new or recurring accessibility issues, ensuring continuous improvement.

Train content creators and web teams: Educating staff on accessibility best practices fosters a culture of inclusion and reduces errors.

Ensure PDFs and forms are accessible: Accessible documents and forms are critical for full digital inclusion.

Provide captions and transcripts for media: Captions and transcripts make audio and video content usable for people with hearing impairments.

Use accessible design templates and CMS tools: Leveraging accessible templates and content management systems simplifies compliance and consistency.

Why Digital Accessibility Compliance Matters

Complying with accessibility laws is both a legal duty and a business advantage. Accessible websites and digital services reach more users, improve search engine optimization (SEO), and enhance brand reputation by demonstrating social responsibility.

Benefits of Compliance

Accessibility compliance broadens customer reach by removing barriers for people with disabilities. It improves usability for everyone, including older adults and users in varying environments. Organizations that prioritize accessibility build stronger trust and credibility with their audiences.

Risks of Non-Compliance

Failure to comply with digital accessibility laws like the ACA or AODA can lead to legal action, including costly lawsuits. Organizations may face fines of up to $250,000 per violation. Additionally, reputational damage from public complaints can harm customer loyalty and market position.

The Future of Digital Accessibility in Canada

Digital accessibility laws are becoming stricter across Canada as the country moves toward a barrier-free digital environment by 2040. By aligning with WCAG 2.1 Level AA now, organizations can meet mandatory standards, avoid penalties, and contribute to a more inclusive society. Proactive accessibility efforts position businesses and public bodies to succeed in an increasingly digital world where equal access is essential.

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