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The accessibility rules Canadian businesses should know

Who is legally required to meet WCAG in Canada, what the deadlines are, and what applies to a small business with no legal obligation at all.

4 min read
The accessibility rules Canadian businesses should know. An article by Athabasca Solutions.

Accessibility gets sold to Canadian businesses in two unhelpful ways: as an imminent legal threat, or as something only government has to care about. Neither is right, and the actual position is worth knowing before you spend anything.

This is a plain summary. It is not legal advice, and if a real obligation attaches to your organisation it is worth confirming with someone qualified.

Who is actually covered

Federally regulated organisations. The Accessible Canada Act applies to the federal public service and to federally regulated industries: banks, telecoms, airlines, interprovincial transport and broadcasting. If you are one of these, you have obligations including published accessibility plans and feedback processes, on a recurring schedule.

Ontario. The Accessibility for Ontarians with Disabilities Act has required WCAG 2.0 Level AA on public websites for larger organisations for some time. Ontario is the province where a private business is most likely to have a direct web accessibility obligation.

Manitoba, Nova Scotia, British Columbia, Quebec and others each have their own accessibility legislation at varying stages, with scope and timelines that differ. Quebec has long-standing standards for public bodies. The direction across the country is consistent even where the current requirements are not.

Everyone selling to government. This one catches more small businesses than the legislation does. Public sector procurement increasingly requires accessibility conformance from suppliers, so the obligation arrives through a contract rather than a statute.

Anyone taking public funding. Grants for charities and non-profits frequently carry accessibility conditions. Worth reading before you accept.

The standard everyone points at

All of it converges on WCAG, the Web Content Accessibility Guidelines, at Level AA. Different laws name different versions, and 2.1 AA is the sensible target: it is what most current requirements ask for, and building to it means you are not redoing the work when a rule updates.

You do not need to read the specification. It is long, written for implementers, and most of it will not apply to your site.

What this means if nothing legally applies to you

Most small businesses in Alberta have no direct legal obligation today. That is the honest position and worth saying, because the fear-based sales pitch is common.

Three reasons to do the work anyway:

The number of people affected is not small. Roughly a quarter of Canadians report a disability. Not all of those affect web use, but vision, motor and cognitive disabilities all do, and the proportion rises sharply with age. If your customers skew older, this is a straightforward commercial argument.

Most of it is just building properly. Real headings, labelled form fields, sufficient colour contrast, keyboard operability, alt text on meaningful images. None of that is an accessibility feature. It is competent web development, and it costs nothing extra when done from the start.

Retrofitting costs many times more. Fixing a site after the fact is the expensive path, and it is the path organisations take when a deadline or a contract forces them.

That last point is the practical argument: the cheapest time to do this is during a build you were doing anyway.

What to be sceptical about

Overlay widgets. The plugin that adds an accessibility button to your site and claims compliance. These are widely criticised by disability advocates, do not fix underlying problems, and have been named in litigation elsewhere rather than preventing it. They are not a substitute for accessible markup.

Automated scan scores. Automated tools catch a meaningful minority of issues and cannot detect most of the ones that actually block people. A perfect automated score on an unusable site is entirely possible.

“Compliance certificates.” There is no official certification body. What exists is an audit report, and its value is in the findings, not the badge.

The reasonable starting point

If nothing legally applies: fix the handful of things that block people most, covered in the accessibility fixes that matter most, and build accessibly from now on.

If something does apply, or a contract is coming: get a proper audit against WCAG 2.1 AA with a written report, because you will need evidence rather than an opinion. What an accessibility audit involves covers what that is.

If you are not sure which category you are in, tell us what your organisation does and who your customers are. It is usually a short answer.

Related: the fixes that matter most, grants and discounts for Canadian charities, and our accessibility work.

Further reading

Sections covered in The accessibility rules Canadian businesses should know: Who is actually covered, The standard everyone points at, What this means if nothing legally applies to you, What to be sceptical about, The reasonable starting point
The shape of the argument, in order.

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