Web accessibility regulations that apply to private-sector businesses operating in Canada continue to develop. The federal government recently announced a consultation on the web accessibility obligations that federally regulated entities could face under proposed regulatory amendments pursuant to the Accessible Canada Act. Additionally, in 2025, businesses with employees in Manitoba will face new obligations to ensure their websites meet certain accessibility requirements.
In this bulletin, we highlight these expected legislative developments and summarize existing web accessibility obligations in Canada.
Federal Consultation on Amendments to Accessible Canada Regulations
On December 21, 2024, the Accessible Canada Directorate announced a consultation on proposed amendments to the Accessible Canada Regulations made under the Accessible Canada Act, which would require federally regulated private-sector organizations that average 100 to 499 employees (medium-sized businesses) or average more than 500 employees (large businesses) to conform to web, mobile and digital accessibility requirements.
Large and medium-sized businesses would have until June 1, 2028, to ensure that all public-facing and internal employee-facing web pages (and any content on those pages) conform to the CAN/ASC – EN 301 549:2024 Accessibility requirements for ICT products and services National Standard (CAN/ASC-EN Standard). This standard currently includes, by reference, compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Transport Service Providers (TSPs) or Broadcasting and Telecommunications Organizations (BTOs) would only need to ensure their employee-facing web pages conform to the CAN/ASC-EN Standard.
Additionally, large businesses, excluding TSPs and BTOs, would have to ensure that all public-facing mobile applications launched after June 1, 2028, and digital documents made available for download comply with specific clauses of the CAN/ASC-EN Standard. These entities would also be obligated to obtain an accessibility conformance assessment with gaps analysis against the CAN/ASC-EN Standard for applications launched before June 1, 2028.
In circumstances where full conformity cannot be achieved, the proposed amendments would allow organizations to instead take other reasonable measures to remove barriers that are related to web pages, mobile applications or digital documents. This would include putting into place alternative ways for accessing information or performing tasks associated with digital technologies that do not conform to the CAN/ASC-EN Standard.
The proposed amendments would also address web accessibility training requirements and required updates to accessibility statements.
Affected businesses may provide comments on the proposed regulatory amendments until February 19, 2025.
New Obligations in Force in Manitoba
Pursuant to the Accessible Information and Communication Standard Regulation (Manitoba Regulations) made under the Accessibility for Manitobans Act (AMA), private sector and non-profit organizations in Manitoba are required to meet web content and application accessibility standards by May 1, 2025.
Specifically, organizations with at least one employee in Manitoba must meet or exceed the standards set out in WCAG 2.1 Level AA for web content and web applications by May 1, 2025, for any new web applications (including significant updates), new web content, or any web content required to access the organization’s goods and services. Organizations do not need to comply if one or more of the following applies:
- It is not technically feasible to meet the requirement
- The technology required to meet the requirement is not readily available
- Meeting the requirement would cause the organization undue hardship
- The organization does not have direct control over the requested information, library resource, web content or web application
- The information, library resource, web content or web application relates to product labels or other product information
The Accessibility Compliance Secretariat in the Department of Families will promote and oversee compliance activities under the AMA. Organizations may be selected by random or in sector-specific reviews for compliance, including through an inspection. Enforcement under the AMA is a last resort but could result in administrative penalties.
Existing Obligations
Large organizations with 50 or more employees in Ontario must continue to ensure that all of their public and internal websites and web content conform with the WCAG 2.0 Level AA, except for the criteria to provide Live Captions and Pre-recorded Audio Descriptions. This requirement is provided for in subsection 14(4) of O. Reg 191/11: Integrated Accessibility Standards pursuant to the Accessibility for Ontarians with Disabilities Act (AODA).
The requirement does not apply:
- To internal websites used to privately and securely share any part of the organization’s information or operational systems within the organization (i.e., intranet websites)
- To controlled extensions of the intranet, or an internal network of an organization to outside users over the internet (i.e., extranet websites)
- To websites and web content, including web-based applications, that an organization does not control directly or through a contractual relationship that allows for modification of the product
- Where meeting the requirement is not practicable
In determining whether meeting the requirement is not practicable, organizations may consider the availability of commercial software and/or tools.
Controlling a website means the organization has control over the website’s appearance, functionality and content. For example, if an obligated organization purchases a web application from a supplier that provides the web application but uses the organization’s domain name (e.g., a “white labelled” HR website portal), and the organization cannot modify the web application because it is controlled by the supplier, the organization is not required to bring that web application into conformity with WCAG 2.0 Level AA.
Large organizations are not required to provide proof that their websites and web content conform to WCAG 2.0 Level AA, and there is no recognized certification of compliance. However, large organizations must attest to their conformity with applicable accessibility requirements in any required Accessibility Compliance Report. The next compliance report deadline is December 31, 2026.
Non-compliance with AODA obligations can result in an order to comply or an administrative penalty.
While British Columbia, Nova Scotia, and Quebec have also enacted accessibility legislation, none of these jurisdictions obligate private-sector businesses to meet web accessibility obligations. It is expected that similar standards will be imposed by regulations under B.C.’s accessibility legislation in the near future.
For more information, please contact the authors of this bulletin.
