In Canada, most public and private organizations have a legal responsibility to follow the Web Content Accessibility Guidelines (WCAG), the international standards for digital accessibility.
WCAG is a straightforward framework that seeks to improve online experiences for people with disabilities. It’s also the basis for compliance with various non-discrimination laws, including the United States' Americans with Disabilities Act (ADA) and the European Accessibility Act (EAA).
In this article, we’ll discuss the federal and provincial requirements for web accessibility in Canada. We’ll also explain how the best practices of inclusive design can help you reach more customers.
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The Accessibility Canada Act (ACA) prohibits discrimination against people with disabilities and applies to most organizations that fall under federal jurisdiction. It’s somewhat similar to the United States' ADA, but more limited in its scope.
The ACA took effect in 2019 and applies to:
Crucially, it does not apply to the governments of the Northwest Territories, Nunavut, or Yukon.
The ACA established the Canadian Accessibility Standards Development Organization (CASDO), which can create reasonable standards for covered entities. Those standards are currently WCAG 2.0 Level AA.
Agencies that fail to comply with the ACA may face fines and other penalties. Accessibility Commissioners with the Canadian Human Rights Commission investigate claims of non-compliance. Fines range from $250 to $250,000, although higher penalties are typically reserved for willful violations (such as lying to the Accessibility Commissioner).
Learn more: What is the Accessibility Canada Act?
Other federal laws with an impact on digital accessibility include the Canadian Human Rights Act of 1977 (CHRA), which prohibits discrimination against numerous categories of Canadian citizens (including those with disabilities).
Again, the CHRA primarily applies to the federal government and its agencies; it doesn’t contain specific technical standards — unsurprising, given that the law was written nearly 50 years ago — but courts may interpret web accessibility barriers as a type of discrimination under the law.
Canada’s federal government also recognizes the European harmonized standard on Information and Communication Technologies (ICT), also known as EN 301 549. That standard incorporates WCAG 2.1 Level AA by reference.
The bottom line: Canadian federal laws require government agencies to provide accessible digital content. Private businesses fall into a grey area — but that’s where provincial laws and regulations come into play.
For private businesses and non-profit organizations, provincial digital accessibility laws are arguably more important than federal laws — since they’re directly enforceable.
Those laws include:
Canadian organizations that ignore web accessibility take substantial risks — and while federal and provincial fines can be significant, they’re not the only factor to consider. About one in five Canadians aged 15 years or older have at least one disability. If your website doesn’t meet the needs and expectations of those users, you’re missing an opportunity.
And while accessibility requires an investment, many changes can be made at little or no cost. Each improvement has benefits for all users, regardless of their abilities:
The best practices of WCAG make content better, period. They’re straightforward, simple rules that help you create a robust website — and improve compliance with the AODA, the ACA, and other non-discrimination laws.
Learn more about WCAG by downloading our Ultimate Guide to Web Accessibility. To see how your website compares to WCAG Level AA standards, get started with a free automated accessibility analysis from AudioEye.