Website Accessibility Laws in Canada (Everything You Need to Know)

According to a survey conducted in 2022, 27.0% of Canadians aged 15 and older (8.0 million people) had at least one disability, marking an increase of 4.7 percentage points from 2017. 

In this article we are discussing the web accessibility standards and laws of Canada, in order to get a better understanding of these. When it comes to accessibility, Canada has shown that it uses a comprehensive strategy to enhance internet accessibility through a combination of national (federal) and regional (provincial) regulations. These rules aim to make online content and applications easily accessible to all individuals, including those with disabilities. 

National, or federal, legislation includes the following: 

• The Canadian Human Rights Act of 1977, or CHRA, which sets out to eliminate discrimination for various reasons, including disability. Although it doesn't specifically call out web accessibility, it is generally interpreted to mean that government bodies and certain industries must make their digital content accessible.
• The Accessible Canada Act, or ACA, introduced in 2019, which seeks to eliminate barriers in numerous areas, such as digital technology, requiring entities under federal jurisdiction to adhere to WCAG 2.0 Level AA standards for digital content accessibility.
• The Employment Equity Act, or EEA, and the Standard on Web Accessibility (2011), also known as the Standard, mandate that federal employers and the digital content of the Government of Canada are accessible, adhering to the WCAG 2.0 Level AA guidelines.

On a provincial level, Canada’s web accessibility landscape consists of the following initiatives: 

• Ontario: The Accessibility for Ontarians with Disabilities Act (AODA), enacted in 2005, mandates WCAG 2.0 Level AA compliance for web content across the public and private sectors.
• Manitoba: Through the Accessibility for Manitobans Act, various sectors are provided with timelines to comply with WCAG 2.1 Level AA standards.
• Nova Scotia: The Nova Scotia Accessibility Act is developing standards that include web accessibility for public institutions, aiming for WCAG 2.0 Level AA compliance.
• Newfoundland: Bill 38 An act respecting accessibility in the province, which requires that digital and web services be accessible to all individuals, including those with disabilities, ensuring equal access to information and services provided online.
• British Columbia: the Accessible British Columbia Act, which mandates that public and private entities in British Columbia ensure their digital content and technologies are accessible, enabling people with disabilities to access websites and digital services without barriers.
• Saskatchewan: An Act respecting Accessibility in Saskatchewan, which mandates that public sector bodies develop and implement accessibility plans to identify and remove barriers for individuals interacting with their organizations.

The Canadian Human Rights Act (CHRA)

Who Does It Apply To?

The Canadian Human Rights Act (CHRA) applies broadly across Canada, covering individuals and entities under federal jurisdiction. This includes federal government departments and agencies, Crown corporations, private companies that are regulated federally like banks, airlines, trucking companies, and telecommunications companies, as well as individuals employed or seeking employment with these entities.

Obligations Established

The CHRA prohibits discrimination on various grounds including race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction for which a pardon has been granted. It mandates equal treatment in employment, provision of goods and services, accommodation, and other areas within federal jurisdiction without discrimination.

Web Accessibility or Web Content Accessibility Guidelines

While the Canadian Human Rights Act doesn’t explicitly detail obligations regarding web accessibility or adherence to Web Content Accessibility Guidelines (WCAG), the Act's provisions against discrimination in the provision of goods, services, and facilities would imply a requirement for accessible web content for individuals with disabilities to ensure equal access.

Penalties for Non-compliance

Non-compliance with the CHRA can result in complaints being filed to the Canadian Human Rights Commission. If a complaint is substantiated, the Canadian Human Rights Tribunal can issue orders for remedy, which may include compensatory measures for victims of discrimination, orders to cease the discriminatory practice, and potentially other measures to rectify the discrimination. Fines for violations go up to no more than $50,000. 

Who Enforces This Law?

The Canadian Human Rights Commission is responsible for enforcing the Act. It receives and screens complaints, attempts to facilitate settlements, and may refer matters to the Canadian Human Rights Tribunal for a hearing and decision if a settlement cannot be reached or if the complaint is of a nature that warrants a formal hearing.

The Accessible Canada Act (ACA)

The Accessible Canada Act (ACA) sets forth provisions to ensure a barrier-free Canada by January 1, 2040 in an effort by the Canadian government to ensure accessibility for all Canadians, particularly those with disabilities, by setting standards, enforcing compliance, and promoting a culture of inclusivity and barrier-free access across federally regulated domains.

Who Does It Apply To?

The ACA applies to a wide range of entities and individuals within federal jurisdiction, including:

• Entities named in Schedules I to V of the Financial Administration Act.
• Crown corporations not listed in Schedule III of the Financial Administration Act.
• Portions of the federal public administration designated by the Governor in Council.
• The Canadian Forces, and any person or organization operating a work, undertaking, or business within the legislative authority of Parliament, excluding local or private works in Yukon, Northwest Territories, or Nunavut.

What Obligations Does It Establish?

The ACA mandates the development and revision of accessibility standards, recommends these standards to the Minister, provides information and services related to these standards, supports research into identifying and removing barriers, and disseminates information on best practices for eliminating barriers and preventing new ones.

Web Accessibility or Web Content Accessibility Guidelines

While the ACA extensively discusses the creation, recommendation, and dissemination of accessibility standards, it does not specify details about Web Content Accessibility Guidelines (WCAG) or explicitly mention web accessibility standards. The focus is on a broader scope of creating a barrier-free environment across various domains.

Penalties for Non-compliance

Entities regulated under the ACA that fail to comply with accessibility plans, feedback processes, or progress reports may be subjected to administrative monetary penalties. The Accessibility Commissioner has the authority to issue notices of violation, which can include penalties up to $250,000 per violation, deemed necessary to promote compliance with the Act.

Who Enforces This Law?

The enforcement of the ACA involves several bodies, including the Canadian Accessibility Standards Development Organization (CASDO) for developing standards, and the Accessibility Commissioner, responsible for overseeing compliance and addressing violations through inspections, compliance orders, and monetary penalties. The Minister also plays a significant role in coordinating efforts and issuing directions to support the ACA's implementation.

The Employment Equity Act 

The Employment Equity Act focuses on achieving equality in the workplace, targeting women, Aboriginal peoples, persons with disabilities, and members of visible minorities to rectify employment disadvantages. It emphasizes the removal of employment barriers and the implementation of equity-focused policies and practices, with a structured approach to monitoring, enforcement, and penalties for non-compliance to foster a more inclusive workforce.

Who Does It Apply To?

The Act applies to private sector employers, portions of the federal public administration, the Canadian Forces, and the Royal Canadian Mounted Police (RCMP), affecting entities employing 100 or more employees or as specified by the Governor in Council.

What Obligations Does It Establish?

Employers are required to identify and eliminate employment barriers not authorized by law, institute positive policies and practices, and accommodate differences to ensure designated groups achieve appropriate workplace representation.

Web Accessibility or Web Content Accessibility Guidelines

The law does not specify details regarding web accessibility or Web Content Accessibility Guidelines (WCAG). The focus is on broader employment equity objectives, including eliminating barriers and instituting positive policies for designated groups.

Penalties for Noncompliance

The Act outlines administrative penalties for non-compliance, including the potential for compliance audits by the Canadian Human Rights Commission. Specific monetary penalties are assessed based on violations, and notices of assessment can be issued, enforcing compliance through possible fines and go from $10,000 for a single violation to $50,000 for repeated or continued violations.

Who Enforces This Law?

The enforcement of the Employment Equity Act is primarily the responsibility of the Canadian Human Rights Commission, which conducts compliance audits and can issue directives to ensure adherence to the Act's requirements. Additionally, the Treasury Board and the Public Service Commission play roles in enforcing compliance within the federal public administration.

Standard on Web Accessibility (2011)

Who Does It Apply To?

The Standard applies to "departments" as defined in section 2 of the Financial Administration Act, with some exceptions, and specifically focuses on web pages that are public-facing and for which the department is accountable, provided through Government of Canada websites and web applications.

What Obligations Does It Establish?

The Standard mandates that each web page must meet all five WCAG 2.0 conformance requirements. This includes ensuring that web pages are fully conformant with Level AA, avoiding common failures for all applicable success criteria, and using sufficient techniques for all applicable success criteria. The standard also outlines phased implementation deadlines for compliance.

Web Accessibility or Web Content Accessibility Guidelines

Specifically, the Standard adopts WCAG 2.0, emphasizing that following these guidelines will make content accessible to a wider range of people with disabilities. It outlines the expectation for Government of Canada websites and web applications to respect internationally accepted guidelines for web accessibility and to be measured consistently against these standards.

Penalties for Non-compliance

The Standard states that deputy heads are responsible for taking corrective measures within their organizations for non-compliance with the requirements of this standard. While it mentions that consequences of non-compliance can include any measure allowed by the Financial Administration Act that the Treasury Board determines appropriate, specific penalties are not detailed.

Who Enforces This Law?

Monitoring and reporting responsibilities are outlined for deputy heads, senior departmental officials designated by deputy heads, and the Treasury Board of Canada Secretariat. The Treasury Board of Canada Secretariat, in particular, is tasked with monitoring compliance government-wide through various means, including assessments under the Management Accountability Framework, examinations of Treasury Board submissions, and collaboration with departments.

The Accessibility for Ontarians with Disabilities Act (AODA)

The AODA aims to make Ontario accessible for people with disabilities by January 1, 2025. It focuses on developing, implementing, and enforcing accessibility standards that address goods, services, facilities, accommodations, employment, buildings, structures, and premises. While the text of the law doesn’t specify web accessibility in the truncated content directly, the AODA encompasses standards for information and communications, which include web and digital accessibility.

Who Does It Apply To?

The Accessibility for Ontarians with Disabilities Act (AODA) applies to every person or organization in the public and private sectors of the Province of Ontario, including the Legislative Assembly of Ontario. This encompasses a broad range of entities such as businesses, non-profit organizations, public sector organizations, and all levels of government within Ontario. The Act aims to ensure that goods, services, facilities, and employment are accessible to individuals with disabilities, and it sets specific standards and timelines for compliance.

What Obligations Does It Establish?

The Act establishes the development, implementation, and enforcement of accessibility standards to achieve accessibility for Ontarians with disabilities concerning goods, services, facilities, accommodation, employment, buildings, structures, and premises by January 1, 2025. It requires the involvement of persons with disabilities, the Government of Ontario, and representatives from various industries in developing these standards.

Organizations in Ontario are required to meet these accessibility standards, which are likely to include making web content accessible according to the Web Content Accessibility Guidelines (WCAG). The Act mandates:

• The development and enforcement of accessibility standards.
• The involvement of persons with disabilities, the government, and industry sectors in developing these standards.
• Compliance with established standards within specified timeframes.

More specifically, the AODA has set specific accessibility standards for different sectors: 

• The customer service standard requires organizations to provide accessible customer service to people with disabilities. This includes providing alternate formats for information, such as braille, large print, and audio formats. 
• The transportation standard requires that public transportation be accessible, including buses, subways, and trains. 
• The employment standard requires that employers provide accessible employment practices, such as accessible recruitment, and accommodation for disabilities.
• The information and communications standard requires that all public websites and digital content be accessible, according to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. This means that all websites, apps, and digital documents must be designed to be usable by people with disabilities, including those with visual, auditory, and physical disabilities. Organizations must also provide accessible formats for information upon request, such as alternate formats or closed captioning.

Web Accessibility or Web Content Accessibility Guidelines

While the law extensively outlines the purposes, definitions, application, and establishment of accessibility standards, it does not specifically mention Web Content Accessibility Guidelines (WCAG) or detailed requirements for web accessibility. Typically, the Information and Communications Standards under AODA would reference WCAG for web and digital content accessibility, but specific details are not included. 

Penalties for Non-compliance

The AODA allows for administrative penalties to encourage compliance, prevent economic benefits from non-compliance, and recover enforcement costs. Directors can issue compliance orders, including administrative penalties as prescribed by regulations. Failure to comply with an order can lead to increased penalties. 

The AODA establishes penalties for non-compliance, including:

• Administrative penalties for failing to comply with accessibility standards or orders made under the Act. These are intended to encourage compliance, prevent economic benefits from non-compliance, and cover enforcement costs.
• Directors may issue orders to require compliance, and these orders can include administrative penalties as per regulations.
• Failure to comply with an order to pay administrative penalties can lead to the order being filed with the Superior Court of Justice and enforced as a court order.

Moreover, individuals and organizations can face fines for:

• Providing false or misleading information in accessibility reports or to directors.
• Failing to comply with any orders made by directors or the Tribunal.
• Contravening specific provisions aimed at preventing obstruction of inspections.

For individuals, the fine can be up to $50,000 for each day the offence occurs or continues. For corporations, the fine can be up to $100,000 for each day of continued offence.

Who Enforces This Law?

The enforcement of the AODA is carried out by appointed directors responsible for the application of all or any part of the Act and regulations to any class of persons or organizations specified in their appointment. Directors can delegate their powers and are involved in reviewing accessibility reports, issuing orders for compliance or administrative penalties, and appointing inspectors for enforcement purposes.

The Accessibility for Manitobans Act (AMA)

Who Does It Apply To?

The Accessibility for Manitobans Act (AMA) applies broadly to individuals and organizations within both the public and private sectors in Manitoba. This includes the government and its boards, commissions, agencies, corporations established under an Act, unincorporated associations, partnerships, sole proprietorships, trade unions, and other entities prescribed by regulations.

What Obligations Does It Establish?

The AMA mandates the establishment of accessibility standards to achieve accessibility by identifying, removing, and preventing barriers that hinder full and effective participation in society by individuals with disabilities. Entities subject to these standards are required to comply by taking actions specified within the timelines set out in the standards.

Web Accessibility or Web Content Accessibility Guidelines

While the document extensively discusses the creation and enforcement of accessibility standards, it does not specify details about Web Content Accessibility Guidelines (WCAG) or explicitly mention standards for web accessibility. The focus is on a broader approach to eliminating various types of barriers, including physical, architectural, information or communication barriers, attitudinal barriers, technological barriers, and others established by enactments, policies, or practices.

Penalties for Non-compliance

Non-compliance with the accessibility standards may lead to the imposition of administrative penalties of no more than $250,000. Inspectors can issue written orders to remedy contraventions, and if not complied with, administrative penalties can be applied, the amount of which is determined in accordance with regulations. The process includes opportunities for review by the director and appeals to the court.

Who Enforces This Law?

The enforcement of the act is overseen by appointed directors and inspectors. The director, appointed in accordance with The Civil Service Act, is responsible for the general administration of the act, including advising the minister on its administration and enforcing compliance. Inspectors have the authority to carry out inspections, examinations, or tests to ensure compliance with the act and the regulations.

Accessible British Columbia Act 

The Accessible British Columbia Act aims to make British Columbia more accessible by requiring organizations to take proactive steps to identify, remove, and prevent barriers to accessibility, including potentially within digital and web-based environments. 

Who Does It Apply To?

The Act applies to:

• The government of British Columbia.
• Prescribed organizations and classes of organizations defined by regulation.

What Obligations Does It Establish?

• Organizations must establish accessibility committees to identify and advise on removing and preventing barriers.
• An organization must develop, review, and update an accessibility plan every 3 years to identify, remove, and prevent barriers.
• Organizations are required to establish a public feedback process regarding their accessibility plan and barriers within the organization.

Web Accessibility or Web Content Accessibility Guidelines

While the law does not specify details about web accessibility or Web Content Accessibility Guidelines (WCAG) directly, it discusses the development of accessibility standards, including for information and communications, which can imply standards related to web accessibility.

Penalties for Noncompliance

Covered entities that are found in violation of the Act’s requirements can incur a fine of up to $250,000. 

Who Enforces This Law?

The Act mentions the role of the minister in promoting accessibility, including paying grants to remove or prevent barriers. In addition to this, although the text of the Accessible British Columbia Act does not list out enforcement authorities, according to the accessibility legislation plain language summary available on the official website of the government, “the law allows for a director and inspectors to be hired to ensure organizations follow the law.”

Newfoundland’s Bill 38: An Act Respecting Accessibility in the Province

Bill 38 focuses on establishing a legislative framework to enhance accessibility throughout the province, including the creation of standards, advisory bodies, and enforcement mechanisms to ensure compliance.

Who Does It Apply To?

The Bill applies broadly, aiming to improve accessibility across the province. 

What Obligations Does It Establish?

• Authorization of Accessibility Standards: The Act will authorize the establishment of accessibility standards to improve accessibility across various domains.
• Establishment of an Advisory Board: An advisory board will be created to make recommendations to the minister regarding accessibility standards.
• Actions to Prevent and Remove Barriers: Individuals, organizations, or public bodies subject to an accessibility standard are required to take actions to prevent new barriers and to identify and remove existing barriers.
• Accessibility Plans: Public bodies are required to prepare accessibility plans every three years and make these plans publicly available.

Web Accessibility or Web Content Accessibility Guidelines

Bill 38 does not specify details about web accessibility or adherence to the Web Content Accessibility Guidelines (WCAG). It focuses on the broader establishment of accessibility standards and actions to prevent and remove accessibility barriers.

Penalties for Non-compliance

The Bill provides inspection and enforcement powers to ensure compliance with accessibility standards. Penalties range from a maximum of $1,000 for individuals and no more than $25,000 for an organization or public body. 

Who Enforces This Law?

According to Bill 38, the minister may appoint a Director of Compliance and Enforcement as well as inspectors who can investigate violations, issue orders, or impose penalties. 

Nova Scotia Accessibility Act

The Nova Scotia Accessibility Act provides a framework for improving accessibility across various sectors within the province, emphasizing the importance of public consultation, the development of accessibility standards, and the responsibility of organizations to actively work towards a more accessible Nova Scotia.

Who Does It Apply To?

The Nova Scotia Accessibility Act applies broadly to government entities, organizations, and public sector bodies within Nova Scotia. This includes a wide range of entities from different sectors, all aiming to improve accessibility and remove barriers for individuals with disabilities.

What Obligations Does It Establish?

The Act mandates the creation of accessibility standards to address various types of barriers (physical, architectural, informational or communicational, attitudinal, technological, policy, or practice) that hinder full participation in society by individuals with disabilities. It requires the development of accessibility plans by public sector bodies every three years to outline their strategies for identifying, reducing, removing, and preventing barriers.

Web Accessibility or Web Content Accessibility Guidelines

The law does not explicitly detail specifications about web accessibility or the Web Content Accessibility Guidelines (WCAG). However, given the Act's focus on removing information and communications barriers, it can be inferred that web accessibility standards would be developed to ensure digital content and services are accessible to people with disabilities.

Penalties for Non-compliance

Violations under Nova Scotia’s Accessibility Act can result in a fine of not more than $25,000.

Who Enforces This Law?

The Act is enforced by inspectors appointed by the Minister in accordance with the Civil Service Act. These inspectors have the authority to ensure compliance with the Act and its regulations through inspections, examinations, tests, and issuing orders to remedy contraventions.

An Act respecting Accessibility in Saskatchewan

The Accessible Saskatchewan Act supports the development of accessibility standards, the involvement of persons with disabilities in this process, and strict enforcement mechanisms to ensure compliance.

Who Does It Apply To?

The Accessible Saskatchewan Act applies to both the Government of Saskatchewan and public sector bodies, including other prescribed entities. It encompasses a broad range of organizations with the goal of improving accessibility within Saskatchewan.

What Obligations Does It Establish?

The Act mandates the development of accessibility plans that identify, remove, and prevent barriers to individuals interacting with the entity. It emphasizes consultation with persons with disabilities and considers principles such as inclusion and universal design.

Accessibility plans are required to be made publicly available, and a feedback process must be established.

Web Accessibility or Web Content Accessibility Guidelines

While the law emphasizes the identification, removal, and prevention of barriers, including information and communications barriers, it does not specify details about web accessibility or adherence to the Web Content Accessibility Guidelines (WCAG) directly in the provided content.

Penalties for Non-compliance

If a public sector body fails to remedy a deficiency in their accessibility plan within a specified period, the Director may impose an administrative penalty.

The Act details offences and administrative penalties for various forms of non-compliance, such as providing false information, obstructing inspectors, and contravening any provision of the Act or regulations. Penalties include fines up to $250,000.

Who Enforces This Law?

The Saskatchewan Accessibility Office (SAO) is established to support the administration of the Act, with a Director appointed to oversee its responsibilities.

Inspectors are appointed to ensure compliance with the Act, equipped with powers to enter premises, conduct inspections, and issue orders.

How can Clym help make my website accessibility ready?

Clym offers a comprehensive tool designed to facilitate data privacy and web accessibility compliance with the WCAG 2.1 standards for websites while providing customizable settings for users. 

By leveraging Clym's solution, your business can not only improve its website traffic and conversion rates but also mitigate the risk of accessibility-related legal challenges, such as those posed by the ADA Title III and the many web accessibility lawsuits being filed against businesses found to be non-compliant. 

Our user-friendly platform simplifies the management of compliance requirements, seamlessly integrating these features to meet both legal compliance and business needs effectively.

Interested in finding out how Clym can help you transform your website into an accessible website? 

Start today by scheduling a demo or reaching out  to us for a discussion tailored to your unique needs.

What are some resources for further learning about web accessibility? 

If you want to learn more about making websites easy to use for everyone, there are lots of resources you can access, from the detailed WCAG guidelines to specialized services that focus on accessibility compliance. Engaging with these resources can provide your business with the knowledge and tools necessary to navigate the complexities of web accessibility and particularly ADA compliance and contribute to a more inclusive digital environment.

To help you get started, our team has compiled a series of articles on web accessibility and the various web accessibility regulations currently in place around the world which we are including below: 

• Web Content Accessibility Uncovered: 50 Tips to Make Your Website More Accessible;
• WCAG: What is the Difference Between A, AA, and AAA Levels in Web Accessibility?;
• 21 Web Accessibility Resources To Help You Have An Accessibility Compliant Website;
• Web Accessibility for Cognitive Disability.