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Quick disclaimer: We are not lawyers!! We’re a digital agency that is really nerdy when it comes to accessibility, so we like to help organizations sift through the legal stuff and understand why accessibility is so important. Here you go!
This blog is the first piece in a three-part series. The second blog discusses the return on investment (ROI) for accessibility, what organizations need to consider, and the importance of understanding your user. The third part (coming soon) will outline how to integrate accessibility into your build process, considerations for different job functions, and the importance of feedback loops.
The Accessible Canada Act — Striving for a barrier free Canada by 2040
Beginning in July of 2016, the Government of Canada consulted with Canadians to find out what an accessible Canada would look like to them. About two years later, the Government introduced the Accessible Canada Act in Parliament, and it came into force on July 11th 2019.
The Accessible Canada Act strives to find, remove, and prevent barriers facing Canadians with disabilities by 2040. It is enforced by Michael Gottheil, Canada’s first accessibility commissioner, appointed under the Accessible Canada Act.
The Act takes a proactive approach to accessibility, placing the responsibility on organizations to start finding, removing, and preventing barriers now, rather than waiting for people with disabilities to issue complaints.
Quick Question: What Is Accessibility?
Accessibility, in general, is the act of making information, activities, and environments meaningful and usable for as many people as possible. Accessibility is a large priority for those with disabilities but building for accessibility is beneficial for everyone.
Since you’re here reading this article you’re probably more interested in web accessibility, which refers to when websites, web tools, apps, software, etc., are designed and coded so that all people, including those with disabilities, can use them effectively. In Canada and the United States, we use Web Content Accessibility Guidelines (WCAG, sometimes pronounced wuh-kag)—technical standards developed by the World Wide Web Consortium (W3C) to ensure digital products meet the needs of as many people as possible.
Who Does the Accessible Canada Act Apply To?
The Act applies to the federal government and to businesses and nonprofits with 10 or more employees that are regulated by the federal government. This includes government departments and private businesses in sectors like banking, airlines, and telecommunications. Non-compliance can lead to fines of up to $250,000.
The Act does not apply to provincial or territorial governments or private businesses they regulate, such as schools, hospitals, or restaurants. However, several provincial governments have put their own standards in place to help close these gaps. British Columbia, Manitoba, Newfoundland, Nova Scotia, and Ontario have already implemented their own accessibility laws, with specific requirements and penalties for non-compliance. Provinces without laws are working towards them, so even if your organization doesn’t currently fall under a federal or provincial government purview, it’s likely that someday it will.
So How Do We Meet the Standards?
To meet the requirements of the Accessible Canada Act, organizations must:
- Consult people with disabilities.
- Publish accessibility plans about how they are finding, removing, and preventing barriers.
- Set up ways to receive and respond to feedback about accessibility.
- Publish progress reports about how they are following their accessibility plans.
Wait, That’s It? Isn’t There a Massive List of Web Accessibility Guidelines We Need to Follow?
Some argue that the Accessible Canada Act is too loose to be effective, with too many loopholes, flimsy timelines, and weak enforcement. However, considering one of the requirements is to publish your plans for finding, removing, and preventing barriers, it would be a little silly not to ensure your digital products meet WCAG standards when you are building them*.
Accessibility standards for federal government websites and applications have been in place since 2011. These require a minimum standard of WCAG 2.0 AA, with a recommendation to follow the Harmonised European Standard, EN 301 549, and WCAG 2.1 AA.
Provincial Web Compliance Standards
To dive a bit deeper into the provinces that have implemented accessibility laws:
- British Columbia – Provincial government web content must meet WCAG 2.2 Level AA, and reading level must meet AAA compliance (Success Criterion 3.1.5: Reading Level).
- Manitoba – Government, businesses, and nonprofits that employ at least one person must meet WCAG 2.1 AA standards for websites and web content. Older content and websites needed to access a business’s goods/services must also comply. Manitoba requires private organizations, businesses, and nonprofits to provide ongoing accessibility training for any employees creating or maintaining web content, and for those with 50+ employees to have documented policies, measures, and practices related to accessible information and communication publicly available.
- Ontario – Government, businesses, and nonprofits with 50 or more employees must meet WCAG 2.0 Level AA, with the exception of WCAG Success Criteria 1.2.4 – Captions (Live) and 1.2.5 – Audio Descriptions (Pre-recorded). Ontario also requires training for employees or volunteers on web standards. Businesses with 20 or more employees and public sector organizations are required to file Accessibility Compliance Reports every three years as of December 31 2023.
- Nova Scotia – Specific WCAG standards are to be set by 2025. Government, businesses, and nonprofits will soon be expected to adhere to these standards.
- Newfoundland & Labrador – The Government has released their Accessibility Plan 2024-2026, which contains a list of accessibility goals and indicators of success. By December 31, 2024, the Office of the Chief Information Officer will develop an online accessibility resource, in compliance with the Web Content Accessibility Guidelines, to provide information and support to designers and developers of Provincial Government websites and applications.
So Do I Really Need to Do This?
Yes. Just yes. While you don’t need to tackle everything at once, the bottom line (and the main thing to take from this article) is this: laws and regulations are advancing, and it’s smarter to start now, while building your product or while you have time, than wait for a law to be enforced and risk having to rush changes later, which is often more costly.
Besides, laws and regulations aside, making your digital products accessible is not only the smart thing to do for your business—it’s the right thing to do for your communities.
Still not sold on the importance of web accessibility? Check out our our next article about the ROI of accessibility and how to build accessible practices within your organization.