Law / Canada

Accessible Canada Regulations, timing, form and publication of accessibility plans, feedback processes and progress reports

Accessible Canada Regulations, SOR/2021-241

In force since .

An accessibility requirements rule binding public and private bodies.

Enforcement body
The Accessibility Commissioner

As of .

What it requires

  • If you are a regulated entity described in paragraph 7(1)(e) or (f) of the Act with an average of 100 employees or more during the year the Regulations came into force, the fixed day for your first accessibility plan was , and with an average of 10 to 99 employees it was ; a regulated entity described in paragraphs 7(1)(a) to (d) had (s. 4(1)); a new entity's fixed day is June 1 of the year after the year it is established or becomes subject to the Act (s. 4(2)).
  • Publish an updated plan within 36 months beginning on the date by which the plan was last required to be published (s. 4(4)).
  • Write the plan in simple, clear and concise language under the headings "General", one for each area, and "Consultations", giving the position title of the person who receives feedback and a mailing address, telephone number and email address for requests and feedback (s. 5).
  • Publish each plan, feedback process description and progress report on the main digital platform you own, operate or control and use to communicate with the public, on the home screen or homepage or by a hyperlink from it, in a format that meets the requirements for Level AA conformance of the WCAG, defined as the most recent version available in both English and French (ss. 1(1), 6(1), 10(1) and 15(1)).
  • If you have no digital platform available to the public, display a printed copy of each plan, feedback process description and progress report in a clearly visible location in the reception area or entrance of each place of business (ss. 6(2), 10(2) and 15(2)).
  • Notify the Accessibility Commissioner by email or other electronic means within 48 hours after a plan, feedback process description or progress report is published, with its URL or the mailing addresses of the places of business where it is published (ss. 7, 12 and 16).
  • On request, make the plan, the feedback process description or the progress report available in print, large print, Braille, audio format or an electronic format compatible with adaptive technology, within 45 days for Braille or audio and otherwise within 15 days (a regulated entity under paragraphs 7(1)(a) to (d) or an entity with an average of 100 or more employees) or 20 days (an entity with an average of 99 or fewer employees) (ss. 8, 9(5) and (6), and 17).
  • Designate a person to receive feedback, allow feedback by mail, telephone, email and any other means you use to communicate with the public, allow it to be anonymous, and acknowledge receipt in the same means unless it is anonymous (s. 9(1) to (4)).
  • Publish a progress report by the anniversary of the date the plan was last required to be published in each year in which no plan is due, under the headings "General", one for each area, "Consultations" and "Feedback" (ss. 13 and 14).
  • Keep each published plan and progress report on your digital platform for seven years beginning on the date it was required to be published, keep the most recent feedback process description, and keep the feedback you receive for seven years (ss. 18 and 19).
  • A regulated entity described in paragraph 7(1)(e) or (f) of the Act with an average of fewer than 10 employees is exempt from the plan, feedback and progress report duties, and the exemption ceases in any year in which it has an average of 10 employees or more (s. 3).
  • A council of a band, and an entity or person, other than one that carries on a business, that carries on an undertaking for the council or on the band's reserve lands, is exempt until the day before the fifth anniversary of the day the Regulations came into force (s. 2).

These lines are LexLint's reading of the law's text, as of .

If you get it wrong

Penalty structure

Schedule 2, Part 3 sets the range for a minor violation by a regulated entity that is not a small business at $1,000 to $10,000 for a first violation, $10,000 to $25,000 for a second, $25,000 to $50,000 for a third and $50,000 to $75,000 for a fourth or subsequent violation, and the amount shown is the top of the last range. A small business, meaning a regulated entity described in paragraph 7(1)(e) or (f) of the Act with an average of fewer than 100 employees, has minor-violation ranges of $500 to $5,000, $5,000 to $12,500, $12,500 to $25,000 and $25,000 to $37,500 under Part 2, and a person that is not a regulated entity has ranges of $250 to $2,500, $2,500 to $6,250, $6,250 to $12,500 and $12,500 to $18,750 under Part 1. Each day on which a violation is committed or continued is a separate violation (section 88 of the Act).

Rule
Per violation only
As of
Currency
CAD
Per violation unit
Violation
Per violation amount
75,000

What it reaches

Instrument type

a regulation made under an act

Obligation class

Reporting, Disclosure

Applicability criteria

As of
Combinator
Any of
Criteria
  • a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act
  • a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 10 employees or more, because an entity with an average of fewer than 10 employees is exempt

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 4 fixes, by class of regulated entity, the day from which the year to publish an initial accessibility plan runs. Section 6 requires an accessibility plan to be published in a format that meets the requirements for Level AA conformance that are set out in the WCAG. The Regulations define the WCAG as the most recent version that is available in both English and French of the Web Content Accessibility Guidelines.

Section 7 requires the regulated entity to notify the Accessibility Commissioner of each publication of a plan within 48 hours. Section 9 requires a regulated entity to designate a person responsible for receiving feedback. Section 18 requires a regulated entity with a public digital platform to keep each published plan and progress report on it for seven years.

Section 88 of the Act treats a violation that is committed or continued on more than one day as a separate violation in respect of each day on which it is committed or continued. Schedule 2, Part 2 sets the range for a minor violation by a small business at $500 to $5,000 for a first violation, $5,000 to $12,500 for a second, $12,500 to $25,000 for a third and $25,000 to $37,500 for a fourth or subsequent violation.

Schedule 2, Part 1 sets the range for a minor violation by a person other than a regulated entity at $250 to $2,500 for a first violation, $2,500 to $6,250 for a second, $6,250 to $12,500 for a third and $12,500 to $18,750 for a fourth or subsequent violation. Schedule 1 classifies a violation of subsections of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act as a minor violation.

Schedule 1 also classifies a violation of the Regulations' feedback process and retention provisions as a minor violation.

When LexLint raises it

When your app profile says your app ships a consumer interface.

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