Accessibility legislation: Canada

In Canada, accessibility is governed by a dual-layered legislative framework designed to remove barriers for persons with disabilities. While the Accessible Canada Act (ACA) sets the standard at the federal level, the Accessibility for Ontarians with Disabilities Act (AODA) serves as the gold standard for provincial regulation. Together, these laws aim to make Canada barrier-free, with the ACA targeting 2040 and the AODA aiming for significant transformation across Ontario’s public and private sectors.

Both the ACA and AODA mandate that digital content, services, and environments must be accessible. The scope is divided based on jurisdiction:

• ACA (Federal jurisdiction): Applies to the Government of Canada and federally regulated private sectors, including banking, telecommunications, and transportation (airlines, rail, and inter-provincial bus services).
• AODA (Ontario jurisdiction): Applies to all public, private, and non-profit organizations in Ontario with one or more employees.
• Information and communication technologies (ICT): Both acts require websites, mobile apps, and digital tools to meet specific standards (primarily WCAG 2.0/2.1 Level AA).
• Employment: Standards for inclusive hiring, workplace accommodations, and career development.
• Customer service: Ensuring that people with disabilities can access goods, services, and facilities with the same quality and timeliness as others.
• The built environment: Access to physical spaces, including offices, storefronts, and public facilities.

Certain exemptions exist to balance the regulatory burden on smaller entities:

• Small organizations (AODA): In Ontario, private and non-profit organizations with fewer than 20 employees are exempt from some filing requirements, though they must still comply with all accessibility standards.
• Micro-enterprises (ACA): Federal private sector organizations with fewer than 10 employees may have modified timelines or exemptions regarding certain reporting duties.
• First nations band councils: Currently have temporary exemptions from the ACA to allow for the co-development of culturally appropriate regulations.