Accessibility

Accessibility Laws in Canada

Continual Engine Team
July 29, 2024

According to a survey, approximately 22% of Canadians above the age of 15 live with at least one disability. Their disability limits their day-to-day activities, often hindering their interactions in the physical as well as the digital world.

The Canadian government is currently working on closing the gap for the problems faced by Canadians with disabilities on a daily basis in both the physical and digital world. Today, we will discuss the existing accessibility laws in Canada and throw light on the future plans of the Canadian government to tackle accessibility issues.

The Origins of Disability Policy in Canada

Before we begin with the list of all the accessibility laws in Canada, you need to understand the origin of the disability policy in Canada and how it has evolved over the years. To understand the origins, we will first look at all the existing accessibility laws in the country that have existed for the longest amount of time. Below is the list of some accessibility laws that have existed in Canada:

1. The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is one of the highest accessibility laws in Canada. It is meant to protect everyone’s rights and freedom, guaranteeing equal protection to everyone. This law protects everyone by banning discrimination against people who are mentally and physically challenged.

2. The Canadian Human Rights Act

The Canadian Human Rights Act, written in 1977, prohibits the harassment or discrimination of people on 11 different grounds, including age, disability, religion, race, sex, and more. This act also protects employees employed under federal services, like the First Nations government, and private companies ruled by the government, such as broadcasters, banks, and trucking companies.

This act includes a section that expands on whom to protect in the Canadian Charter of Rights and Freedoms. In 2017, the government introduced an amendment aimed at prohibiting discrimination based on gender identity or expression. The goal of this Act is to guarantee that everyone has equal opportunities and receives necessary accommodations, irrespective of their race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or a pardoned conviction.

3. The Employment Equity Act

Under the Employment Equity Act, employers must create employment practices that encourage representation in the workforce. The representation that is being talked about here includes four groups that should be highlighted for hiring – people with disabilities, women, visible minorities, and Aboriginal people. In Canada, the term “visible minority” describes individuals who are non-Caucasian in race or non-white in color and who do not belong to the Aboriginal peoples.

This law covers industries regulated by the federal government, federal organizations employing over 100 people, and Crown corporations (government-owned entities functioning as legal corporations).

Federal and Provincial Accessibility Laws and Legislation

The Canadian federal government and provinces have been developing new accessibility laws and legislation focusing on the rights of people with different abilities instead of merging them with laws meant for minorities. These laws are specifically designed to draw attention to people with disabilities and protect their human rights. Let’s talk about some of the main federal and provincial accessibility laws and legislations in Canada:

1. The Accessible Canada Act (Bill C-81)

In June 2018, Kirsty Duncan, the Minister of Science, Sport, and Persons with Disabilities, introduced Bill C-81, known as the Accessible Canada Act: An Act to Ensure a Barrier-Free Canada, to parliament. This bill was developed in response to Prime Minister Justin Trudeau’s directive to create federal legislation that promotes greater inclusion for Canadians with disabilities.

The act aims to eliminate accessibility barriers in information and communication technologies, including digital content and the devices used to access it. Compliance with this act, which is expected to adhere to WCAG standards, is mandatory for organizations under federal jurisdiction, with penalties of up to $250,000 for non-compliance.

On June 21, 2019, the Accessible Canada Act became law after receiving Royal Assent.

2. Canadian Standard on Web Accessibility

Along with protecting the rights of people with disabilities in the real world, the Canadian government also strives to protect their rights in the digital world by maintaining digital accessibility policies on a federal level. To help people with different abilities maintain their digital rights, the government passed the Canadian Standard on Web Accessibility in the year 2011. This law’s main objective is to ensure that all web applications and websites of the Canadian government have high web accessibility for people with different abilities.

With the increased usage of the internet, online accessibility is extremely important. Today, everyone pays their bills online, finds work online, and even learns about the different government-offered services online. People who have full access to the internet without any hindrance from their abilities can easily access these things, but it may not be the same for people with disabilities. Hence, they cannot access such services and resources. With this law, people who have different disabilities in Canada can access all the materials and information.

3. Regional Laws

Along with the above national laws and regulations for people with disabilities, there are other regional laws that serve people with disabilities at the local and state levels. These guidelines and laws include protecting the digital rights of people with disabilities in Ontario, Manitoba, and Nova Scotia. Let’s take a look at the regional laws:

Accessibility for Ontarians with Disabilities Act (AODA)

In 2005, Ontario pioneered comprehensive accessibility legislation in Canada by enacting the Accessibility for Ontarians with Disabilities Act (AODA). Building on the foundation of the 2001 Ontarians with Disabilities Act, the AODA establishes mandatory standards for public, private, and non-profit organizations. Its objective is to eliminate barriers and create an accessible Ontario by 2025.

Organizations in the private or non-profit sectors with over 50 employees, along with all public sector organizations, were required to ensure their websites and online content met the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA by January 1, 2021.
The Accessibility for Manitobans Act (AMA)

This act became a law in 2013, and the government of Manitoba is striving to achieve full inclusivity in Manitoba by 2023. Here, the government of Manitoba aims to eliminate any barriers not only for people with disabilities but overall for every Manitoban citizen.

The Accessibility for Manitobans Act (AMA) focuses on five main accessibility standards that highlight key areas of daily life. One of these standards is the Information and Communications Accessibility Standard, which focuses on overcoming obstacles to accessing information, such as those found on websites. Identified barriers include small font sizes, poor color contrast between text and background, and the use of unclear or complex language. Although this standard is still being developed, it is anticipated that its requirements will align with internationally recognized guidelines like the WCAG and AODA.
Nova Scotia Accessibility Act

Nova Scotia's Accessibility Act was enacted in April 2017, positioning the province as the third in Canada to introduce such legislation. The act outlines six accessibility standards, including one for Information and Communications (websites), which are currently being developed.

The Government of Nova Scotia has a multi-year plan to create a more inclusive website that adheres to WCAG 2.0 AA standards. By setting this example, the government encourages other organizations to follow suit and meet similar web accessibility requirements.

The Future of Disability Policy in Canada

It is anticipated that other provinces will implement their own accessibility programs. In British Columbia, the government is advancing toward its goal of “Accessibility 2024,” aiming to make the province the most progressive in Canada for individuals with disabilities by 2024.

This includes ensuring full internet accessibility. The government has pledged to meet WCAG 2.0 online content and applications standards.

In other regions, such as Saskatchewan and Yukon, advocates for disability rights are urging their governments to enact similar accessibility laws.

Final Thoughts

Canadian territories and provinces are trying their best to maximize their efforts to become more inclusive in terms of accessibility to their citizens in the real world as well as the digital world, regardless of their abilities. Although the existing laws and legislation currently protect human rights, there still needs to be inclusion in terms of accessibility for everyone, regardless of their abilities.

When it comes to web accessibility, today, there are several digital solutions for organizations to employ. Continual Engine is one of them. Our AI-powered digital accessibility solutions help organizations offer accessible user experiences that are efficient and cost-effective for everyone, regardless of their abilities.

Stay Compliant, Stay Inclusive!

Navigating Canada’s accessibility laws can be complex. Let Continual Engine’s AI-powered solutions ensure your digital content meets all legal requirements effortlessly.

Accessibility Laws in Canada

The Origins of Disability Policy in Canada

1. The Canadian Charter of Rights and Freedoms

2. The Canadian Human Rights Act

3. The Employment Equity Act

Federal and Provincial Accessibility Laws and Legislation

1. The Accessible Canada Act (Bill C-81)

2. Canadian Standard on Web Accessibility

3. Regional Laws

Accessibility for Ontarians with Disabilities Act (AODA)

The Accessibility for Manitobans Act (AMA)

Nova Scotia Accessibility Act

The Future of Disability Policy in Canada

Final Thoughts

Stay Compliant, Stay Inclusive!

Editors:

Debangku Sarma

Vijayshree Vethantham

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