Accessibility Policy (Canada)

An Accessibility Policy in Canada sets how the organisation will meet its accessibility obligations toward people with disabilities, governed primarily by the Accessible Canada Act (S.C. 2019, c. 10) and provincial accessibility legislation.

The federal Accessible Canada Act (ACA, S.C. 2019, c. 10), which received Royal Assent on June 21, 2019, applies to federally regulated entities: the federal government, Parliament, First Nations governments under federal legislation, and federally regulated private-sector organizations in banking, telecommunications, broadcasting, and interprovincial transportation. Under Section 10 of the Accessible Canada Act, covered organizations must publish accessibility plans; under Section 40, they must establish feedback processes; and under Section 42, they must file progress reports with Accessibility Standards Canada and the Canadian Human Rights Commission. The Accessible Canada Act also established Accessibility Standards Canada (ASC) under Section 24, the federal body responsible for developing model accessibility standards.

Ontario's Accessibility for Ontarians with Disabilities Act 2005 (AODA) was the first provincial accessibility legislation in Canada and requires all organizations with one or more employees to comply with the Integrated Accessibility Standards Regulation (O. Reg. 191/11). The Integrated Accessibility Standards Regulation covers five standards areas: Customer Service Standard, Employment Standard, Information and Communications Standard, Transportation Standard, and Design of Public Spaces Standard. Organizations with 20 or more employees must file accessibility compliance reports every one to three years and face penalties of up to $100,000 per day for non-compliance under Section 36 of the Accessibility for Ontarians with Disabilities Act. The Accessibility Directorate of Ontario, within the Ministry for Seniors and Accessibility, administers AODA compliance.

British Columbia's Accessible British Columbia Act (S.B.C. 2021, c. 19), in force since September 1, 2022, created the Accessibility Directorate of British Columbia and requires BC public sector organizations and certain private-sector entities to establish accessibility committees, develop accessibility plans, and create feedback processes. Manitoba's Accessibility for Manitobans Act (AMA, S.M. 2013, c. 7) covers customer service, employment, information and communication, transportation, and the built environment under five separate standards. Nova Scotia's Accessibility Act (S.N.S. 2017, c. 2) established the Nova Scotia Accessibility Directorate and introduced the Accessibility Advisory Board.

All Canadian accessibility legislation exists alongside — and does not replace — the duty to accommodate persons with disabilities under human rights legislation. The Canadian Human Rights Act (R.S.C., 1985, c. H-6) prohibits discrimination based on disability at Section 3, defined broadly at Section 25 to include any previous or existing mental or physical disability, disfigurement, and functional limitation, in federally regulated workplaces and services. The Canadian Human Rights Commission investigates complaints under Section 40 of the Canadian Human Rights Act. Provincial human rights codes — including the Ontario Human Rights Code (R.S.O. 1990, c. H.19), BC Human Rights Code (R.S.B.C. 1996, c. 210), and Alberta Human Rights Act (R.S.A. 2000, c. A-25.5) — impose equivalent duties on provincially regulated employers and service providers, enforced by the Human Rights Tribunal of Ontario, BC Human Rights Tribunal, and Alberta Human Rights Commission respectively.

A Canadian Accessibility Policy is needed whenever an organization operates in Canada and is subject to accessibility legislation, employs staff, or provides goods or services to the public — which, given the breadth of Canadian accessibility law, encompasses virtually all Canadian businesses and organizations.

Federally regulated organizations subject to the Accessible Canada Act (S.C. 2019, c. 10) — including banks regulated by the Office of the Superintendent of Financial Institutions (RBC, TD Bank, Scotiabank, BMO, CIBC); telecommunications companies regulated by the Canadian Radio-television and Telecommunications Commission (Bell Canada, Rogers Communications, TELUS Corporation); broadcasters; federal government institutions; and interprovincial transportation providers regulated by the Canadian Transportation Agency — must publish a written accessibility plan under Section 10 of the Accessible Canada Act and maintain an accessibility feedback process under Section 40. A formal Accessibility Policy provides the overarching framework for these obligations.

Ontario-based organizations with one or more employees must comply with the Accessibility for Ontarians with Disabilities Act 2005 (AODA) and the Integrated Accessibility Standards Regulation (O. Reg. 191/11), which require a written accessibility policy under Section 3 of the Regulation. Organizations with 20 or more employees face the additional obligation of filing accessibility compliance reports and must document how their policy addresses the Integrated Accessibility Standards Regulation's five standards areas. Ontario organizations of any size face Director's orders and administrative penalties under Section 36 of the Accessibility for Ontarians with Disabilities Act for failing to maintain required policies.

BC organizations subject to the Accessible British Columbia Act (S.B.C. 2021, c. 19), including public sector bodies and organizations with 50 or more employees in sectors identified by regulation, must establish accessibility committees under Section 5, develop accessibility plans under Section 7, and create feedback mechanisms under Section 9 — all supported by a written Accessibility Policy enforced by the Accessibility Directorate of British Columbia.

Organizations seeking government contracts or grants from federal or provincial governments increasingly face accessibility compliance conditions. The Government of Canada's Accessibility Strategy for the Public Service of Canada (released April 2019) and provincial procurement policies require suppliers to demonstrate accessibility commitments. Employment and Social Development Canada (ESDC) oversees accessibility grant programs.

Organizations that face human rights complaints to the Canadian Human Rights Commission or provincial human rights tribunals benefit significantly from having a documented Accessibility Policy that demonstrates their proactive approach to accommodation and barrier removal. The Human Rights Tribunal of Ontario and BC Human Rights Tribunal both consider an organization's policies and practices when assessing remedies in disability discrimination cases. The Federal Court of Canada reviews decisions of the Canadian Human Rights Commission on judicial review under Section 18 of the Federal Courts Act (R.S.C. 1985, c. F-7).

A complete Canadian Accessibility Policy must contain specific elements to comply with the Accessible Canada Act, Ontario AODA requirements, and provincial equivalents, while addressing the broader duty to accommodate under human rights legislation.

Organizational commitment statement sets out the organization's commitment to accessibility and inclusion for persons with disabilities — both employees and customers — and identifies the senior leader (e.g., CEO, Executive Director) responsible for accessibility. For publicly traded companies or federally regulated entities, this statement should reference the Accessible Canada Act (S.C. 2019, c. 10) and applicable provincial legislation by name.

Scope of application identifies which locations, services, products, and workforce segments the policy covers, confirming that all customer-facing operations and employment practices fall within the policy's scope. Organizations regulated by the Canadian Radio-television and Telecommunications Commission (CRTC) or the Office of the Superintendent of Financial Institutions (OSFI) must align scope with those regulators' accessibility expectations.

Barrier identification and removal process, required under both the Accessible Canada Act and AODA's Integrated Accessibility Standards Regulation (O. Reg. 191/11), describes how the organization proactively identifies barriers to accessibility — through accessibility audits, employee consultations, customer feedback, and periodic reviews — and the process for prioritizing and removing identified barriers across all seven ACA priority areas (employment, built environment, information and communication technologies, communication, procurement, program/service design, and transportation). Accessibility Standards Canada (ASC), the federal body established under Section 24 of the Accessible Canada Act, publishes model accessibility standards that organizations should reference.

Accommodation procedures describe the process through which employees, job applicants, and customers with disabilities request accommodation. Under the Canadian Human Rights Act (R.S.C., 1985, c. H-6) and provincial human rights codes — including the Ontario Human Rights Code (R.S.O. 1990, c. H.19), BC Human Rights Code (R.S.B.C. 1996, c. 210), and Alberta Human Rights Act (R.S.A. 2000, c. A-25.5) — the accommodation process must be collaborative. The Canadian Human Rights Commission and provincial human rights tribunals, including the Human Rights Tribunal of Ontario and BC Human Rights Tribunal, adjudicate accommodation disputes. The policy should specify: how to make a request; what information the requestor may be asked to provide; the response timeline; and the appeal or escalation process if the offered accommodation is inadequate.

Accessible formats and communication supports provision, required under AODA Information and Communications Standard (O. Reg. 191/11, Section 12), commits the organization to providing documents, websites, and communications in accessible formats (large print, Braille, screen-reader-compatible electronic formats, sign language interpretation) upon request. The policy should reference WCAG 2.0 Level AA as the standard for digital accessibility, as required by the AODA Web Content Accessibility Guidelines. The Accessible Canada Regulations (SOR/2021-241) set additional requirements for federal entities.

Employee training requirements, mandated under AODA (O. Reg. 191/11, Section 7), specify that all employees, volunteers, and contractors who interact with the public or develop organizational policies must receive training on the applicable accessibility standards and on the Ontario Human Rights Code (or equivalent provincial code) as it relates to persons with disabilities. Employment and Social Development Canada (ESDC) provides training resources for federally regulated employers. The policy should document training content, frequency, and record-keeping requirements.

Feedback mechanism, required under both the Accessible Canada Act (Section 60) and AODA, describes how the organization collects and responds to feedback about accessibility barriers and accommodation requests — including the format, designated contact person, and response timeline. The Chief Accessibility Officer, a position created by Section 73 of the Accessible Canada Act, oversees compliance for federal institutions.

Accessibility plan and reporting obligations, for organizations covered by the Accessible Canada Act or AODA with 20+ employees, specify the schedule for accessibility plan publication, compliance report filing, and plan review. Ontario organizations file compliance reports through the Accessibility Compliance Reporting portal maintained by the Ministry for Seniors and Accessibility.

Policy review schedule (at minimum every three years under AODA), designated accessibility lead, and effective date complete the document. The forms-legal.com Accessibility Policy (Canada) template covers these mandatory elements. Under the Canada Business Corporations Act (R.S.C. 1985, c. C-44), Corporations Canada maintains the federal registry. Section 12 of the CBCA governs corporate name requirements. The Competition Bureau enforces the Competition Act (R.S.C. 1985, c. C-34). Provincial securities commissions — including the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC) — regulate capital markets. The Federal Court of Canada has jurisdiction under the Federal Courts Act (R.S.C. 1985, c. F-7).