Canadian Accessibility Laws

What is the Accessibility for Ontarians with Disabilities Act (AODA)?

Enacted in 2001, the Accessibility for Ontarians with Disabilities Act (AODA) is a non-discrimination law that requires organizations to remove barriers and create accessible experiences for users with disabilities. The law was designed to “improve opportunities for [people] with disabilities” and remove barriers that hinder “full participation in the life of the province.”

The AODA started in 1994 in response to growing demands for stronger disability rights legislation in Ontario. This led to the creation of the Ontarians with Disabilities Act (ODA) in 2001, which was later updated to the AODA in 2005. 

The AODA was built on the standards established in the ODA by including accessibility standards for five key areas of daily life: 

• Customer service

• Information and communications

• Employment

• Design of public spaces

• Transportation

The AODA operates on the understanding that accessibility should be an ongoing process, with organizations regularly testing and improving content to make it more accessible. People with disabilities must have meaningful involvement in creating the standards that affect them.

What are the Requirements of the AODA?

To be considered AODA-compliant, organizations must meet WCAG 2.0 Level AA standards. 

It’s important to note that the AODA includes two specific exceptions to WCAG 2.0 Level AA standards:

• Success Criterion 1.2.4 (Live Captions): Live audio content is not required to have captions.

• Success Criterion 1.2.5 (Audio Descriptions): Audio descriptions are not required for pre-recorded video content.

Additionally, the AODA requires organizations to provide regular training, especially whenever changes are made to your accessibility policies or if content changes significantly. 

Who Needs to Comply with AODA?

The AODA applies to all organizations in Ontario, both public and private, that provide goods, services, or facilities with at least one employee. This includes:

• Provincial government ministries and agencies

• Municipal governments

• Public sector organizations (hospitals, schools, libraries)

• Private businesses of any size

• Nonprofit organizations

• Crown operations

Compliance requirements will vary depending on the size and type of organization, but all must follow the accessibility standards in the five areas mentioned above.

What Digital Content Does the AODA Apply to?

Under the AODA’s Information and Communications Standard, the following digital content must be AODA-compliant:

• Public-facing websites: All websites and web applications that provide information about the organization’s goods, services, or programs to the public must be fully accessible.

• Digital documents: PDFs, Word documents, presentations, spreadsheets, and other downloadable documents must be accessible upon request.

• Multimedia content: This includes videos, audio recordings, and interactive media.

• Online forms and applications: All digital forms, e-commerce systems, and online applications must be fully accessible.

It’s important to note that archived content, third-party content (content not directly produced by the company), and live content are excluded from AODA compliance.

Who Enforces the AODA?

The Accessibility Directorate of Ontario enforces AODA compliance through inspections, compliance orders, and administrative penalties. Enforcement methods overseen by the Accessibility Directorate include:

• Random audits and compliance-based investigations

• Compliance reporting reviews

• Director’s orders requiring corrective actions

• Administrative penalties without court proceedings

Under the AODA, any organization with over 20 employees must file Accessibility Compliance Reports (ACR) every three years. 

What are the Risks of Non-compliance with the AODA?

Non-compliance with the AODA exposes organizations to significant financial, legal, and reputation risks that can have long-term impacts.

From a financial perspective, the AODA allows for substantial daily fines that continue until violations are corrected:

• Corporations can be fined up to $100,000 per day for ongoing violations.

• Individuals and unincorporated organizations can be fined up to $50,000 per day for continued non-compliance.

• Directors or officers can face personal liability of up to $50,000 per day.

Penalties will depend on the severity of the violation, previous violations, and the actual impact the violation has on people with disabilities. Additionally, the Accessibility Directorate can impose administrative penalties directly.

Aside from financial risks, non-compliance can result in legal and business risks, including:

• Human rights complaints: Non-compliance can expose organizations to discrimination complaints under the Ontario Human Rights Code, leading to additional legal costs and remedies. 

• Litigation risk: Individuals who face barriers may pursue legal action, which could result in damages, legal fees, and court-ordered remedies. 

• Market access limitations: Non-compliant organizations exclude approximately 15% of Ontario's population that live with disabilities(opens in a new tab), resulting in significant lost revenue potential.  

• Reputational damage: Public enforcement actions and accessibility barriers can severely damage an organization’s reputation and stakeholder trust.

What is the Accessible Canada Act (ACA)?

The Accessible Canada Act (ACA) aims to create a barrier-free Canada on or before January 1, 2040, by identifying, removing, and preventing barriers that limit the full participation of people with disabilities in Canadian society. The act covers seven key areas:

• Employment

• Physical locations

• Information and communication technologies (ICT) and communication in forms other than ICT

• The procurement of goods, services, and facilities

• The design and delivery of programs and services

• Transportation

• Other designated areas, as determined by regulatory bodies

The ACA takes a different approach to accessibility than previous laws. Instead of waiting for individuals to encounter barriers and file a complaint, the ACA requires organizations to actively find and remove those barriers. Unlike discrimination-based approaches, the ACA requires proactive planning. More simply, organizations must create accessibility plans, test content, gather feedback, and report on their progress regularly. 

What are the Requirements of the ACA?

While the ACA doesn’t spell out specific technical standards in the law itself, but the regulations and standards point to familiar guidelines. 

Take digital accessibility requirements, for example. The ACA recommends following WCAG 2.0 Level AA for digital content and EN 301 549 for ICT accessibility (which incorporates WCAG 2.1 Level AA requirements). 

Employment settings are an example. Employers must ensure individuals with disabilities have the tools and support to do their jobs effectively. Additionally, they must follow accessible hiring practices, including removing barriers in job postings, application processes, and interviews. Accommodations must be provided when candidates request them.

Who Needs to Comply with the ACA?

The ACA applies to organizations under federal jurisdiction, including:

• Government agencies at the federal level

• Crown operations (e.g., Canada Post, CBC)

• Banks and financial institutions under federal regulation

• Telecommunication companies (e.g., internet and phone service providers)

• Broadcasting organizations (e.g., radio and television networks)

• Transportation providers under federal jurisdiction (e.g., airlines, railways, ferries)

• Parliamentary entities, including the House of Commons and the Senate

While private businesses do not fall under federal regulations, these businesses may be subject to other provincial accessibility laws. Small, federally regulated businesses may also be exempt from ACA compliance.

Additionally, there are size thresholds for ACA compliance. For example, small organizations (fewer than 10 employees) are currently exempt from most ACA requirements. Large- and medium-sized are required to meet most or all compliance requirements enforced by the ACA.

Who Enforces the ACA?

ACA enforcement is primarily overseen by the Accessibility Commissioner. This individual is part of the Canadian Human Rights Commission and has real enforcement power. The act is also enforced by additional regulatory bodies, including:

• The Canadian Transportation Agency (CTA) 

• The Canadian Radio-Television and Telecommunications Commission (CRTC)

• The Federal Public Sector Labour Relations and Employment Board

The Accessibility Commissioner can issue compliance orders requiring specific actions, issue financial penalties of up to $250,000 per violation, and create compliance agreements for those who want to fix issues voluntarily. 

What are the Risks of ACA Non-compliance?

Organizations that fail to comply with the ACA face financial penalties of up to $250,000 per violation. Additionally, should organizations be found in non-compliance with the ACA, they may face penalties, including:

• Compliance orders require organizations to stop activities (including selling) until they bring their physical and/or digital properties into compliance.

• Public reporting, where information becomes publicly available, can harm an organization’s reputation.

• Missed opportunities; non-compliant organizations can be excluded from government contracts or partnerships.

• Discrimination complaints filed by individuals who suffered “physical or psychological harm, property damage, or economic loss” from non-compliance.

Additional Canadian Accessibility Laws

In addition to the AODA and ACA, Canada also enforces other accessibility laws designed to enhance accessibility for individuals with disabilities. Below are some of those laws.

Accessibility for Manitobans Act (AMA)

Manitoba’s accessibility law requires organizations to meet accessibility standards across five key areas: customer service, workplace practices, information and communications, transportation, and public spaces. The AMA sets specific deadlines for different types of organizations and requires them to develop comprehensive accessibility plans. Organizations must also ensure their websites and digital content are accessible to people with disabilities.

Nova Scotia Accessibility Act

Nova Scotia’s accessibility legislation aims to make the province fully accessible by 2030. The law covers six main areas: service delivery, information and communications, transportation, employment opportunities, education systems, and physical environments. Like other provincial acts, it requires organizations to proactively identify and eliminate barriers rather than wait for a complaint to be filed. 

Accessible British Columbia Act (ABCA)

British Columbia’s accessibility law targets provincial government organizations, including school boards, municipalities, health authorities, and other public institutions. The legislation focuses on removing barriers in government services, hiring practices, and online platforms. A key feature of this act is its emphasis on involving people with disabilities in creating solutions and establishing clear accountability measures.

Newfoundland and Labrador Accessibility Act

Newfoundland and Labrador’s Accessibility legislation creates standards for eliminating barriers across multiple sectors. The law requires organizations to address accessibility in their employment processes, communication methods, and public service delivery. It includes provisions for digital accessibility to ensure everyone can use online content and services.