Accessible Canada Act (ACA) Website Accessibility Requirements
The Accessible Canada Act applies to websites and digital services operated by federally regulated organizations, including banks, telecommunications providers, transportation companies, and Crown corporations. The law requires these entities to identify, remove, and prevent barriers in information and communication technologies. As of May 31, 2024, federally regulated organizations must align with EN 301 549, which incorporates WCAG 2.1 Level AA requirements. Penalties for non-compliance can reach $250,000 per violation.
What Is the Accessible Canada Act?
The Accessible Canada Act (S.C. 2019, c. 10) is federal legislation enacted to achieve a barrier-free Canada by January 1, 2040. It applies to Parliament, the Government of Canada, Crown corporations, and federally regulated private-sector organizations in banking, telecommunications, interprovincial transportation, broadcasting, and postal services. Organizations with 10 or more employees must publish accessibility plans, establish feedback processes, and report progress.
The ACA identifies seven priority areas, including information and communication technologies (ICT). Digital accessibility requirements under the ACA cover websites, mobile applications, software, and electronic documents. The law does not apply to provincially regulated private businesses, which fall under provincial accessibility statutes like Ontario’s AODA or Manitoba’s AMA. Federally regulated entities face both ACA obligations and potential human rights complaints under the Canadian Human Rights Act for disability discrimination.
How We Help Reduce Accessible Canada Act Digital Accessibility Exposure
Accessibility.Works helps federally regulated organizations reduce ACA exposure through structured auditing, validation, and documentation. Our senior-led teams test websites and digital applications against EN 301 549 and WCAG 2.1 Level AA requirements, producing reports that document conformance status and remediation priorities.
We focus on the evidence trail that matters during inspections and complaints. Our deliverables include detailed issue documentation with remediation guidance, validation of fixes, and defensible audit records. Organizations working with us maintain the documentation posture the Accessibility Commissioner expects when reviewing compliance.
Our approach integrates with accessibility plan requirements. We help organizations establish the feedback processes, barrier identification methods, and progress reporting structures that demonstrate ongoing commitment to accessibility.
Who the Accessible Canada Act Applies To for Websites and Digital Services
The ACA applies to organizations under federal jurisdiction. This includes federal government departments and agencies, Crown corporations such as Canada Post and VIA Rail, and the Canadian Armed Forces. Private-sector coverage extends to banks and financial institutions, telecommunications and broadcasting companies, interprovincial and international transportation providers, and postal services.
Organizations with 10 or more employees must comply with accessibility planning and reporting requirements. Organizations with 100 or more employees faced earlier compliance deadlines, with initial accessibility plans required by June 1, 2023. Smaller organizations with 10-99 employees had until June 1, 2024.
The ACA does not apply to provincially regulated businesses, territorial governments in Nunavut, Northwest Territories, or Yukon, or organizations with fewer than 10 employees. However, these entities may still face digital accessibility obligations under provincial accessibility laws or human rights legislation.
Common Accessible Canada Act Website Accessibility Risk Triggers
- Operating a public-facing website or mobile application that fails to meet WCAG 2.1 Level AA requirements.
- Failing to publish an accessibility plan, progress report, or feedback process description by required deadlines.
- Not notifying the Accessibility Commissioner within 48 hours of publishing accessibility documents.
- Providing digital documents, forms, or applications that are inaccessible to users with assistive technologies.
- Failing to respond to accessibility complaints or feedback within required timeframes.
Accessible Canada Act Website Accessibility Enforcement and Complaint Trends
The Accessibility Commissioner enforces ACA compliance through inspections, corrective action plans, compliance orders, and notices of violation. During the April 2023 to March 2024 reporting period, the Commissioner’s office created 59 corrective action plans with organizations found to be non-compliant. Compliance rates for accessibility plan notifications increased from approximately 20% in June 2023 to 40% by March 2024.
The enforcement approach has focused on education and corrective action rather than immediate penalties. Cautionary letters have been sent to organizations that failed to recognize their ACA obligations, particularly those that believed provincial compliance satisfied federal requirements.
Sector-specific regulators share enforcement authority. The Canadian Radio-television and Telecommunications Commission (CRTC) enforces accessibility requirements for broadcasters and telecom providers. The Canadian Transportation Agency (CTA) handles transportation sector compliance. Organizations in these sectors may face concurrent oversight from both the Accessibility Commissioner and their sector regulator.
Accessible Canada Act Penalties, Fines, and Settlement Exposure
ACA violations carry administrative monetary penalties ranging from $250 to $250,000 depending on severity and circumstances. Minor violations, such as failing to publish an accessibility plan, can result in penalties between $250 and $75,000. Serious violations, including refusing to comply with Commissioner orders, carry penalties from $2,500 to $150,000. Very serious violations, such as obstructing investigations or providing false information, can result in fines between $6,250 and $250,000.
Penalty amounts depend on multiple factors: violation classification (minor, serious, or very serious), the organization’s prior compliance history, organizational size, and whether the violation continues over multiple days. Each day of continued non-compliance can constitute a separate violation.
Beyond ACA penalties, organizations remain exposed to human rights complaints under the Canadian Human Rights Act. The Canadian Human Rights Tribunal can order compensatory measures and remedies for disability discrimination, providing an additional enforcement pathway for individuals who experience digital barriers.
WCAG Benchmarks Used in Accessible Canada Act Website Accessibility Cases
The ACA references EN 301 549, adopted as the Canadian standard CAN/ASC-EN 301 549:2024, which incorporates WCAG 2.1 Level AA requirements. This standard became effective for federally regulated organizations on May 31, 2024. EN 301 549 extends beyond web content to cover mobile applications, software, hardware, and electronic documents.
For web content, organizations must meet WCAG 2.1 Level AA success criteria. This includes requirements for keyboard accessibility, sufficient color contrast, text alternatives for images, captions for video content, and compatibility with assistive technologies including screen readers.
Accessibility plans and feedback process descriptions must themselves be accessible, published in formats meeting WCAG 2.0 Level AA at minimum. Organizations must provide alternate formats including large print, Braille, audio, or electronic formats within 15 to 45 days upon request, depending on organization size and format requested.
Common Misconceptions About Accessible Canada Act Website Accessibility Compliance
The ACA applies separately to federally regulated organizations. AODA or other provincial compliance does not satisfy federal obligations. Both may apply depending on organizational scope.
The ACA applies to private-sector organizations in federally regulated industries including banking, telecommunications, broadcasting, and transportation. Crown corporations are also covered.
Organizations with 10 or more employees must comply with accessibility planning requirements. Only organizations with fewer than 10 employees are exempt from planning obligations, though human rights obligations still apply.
The plan is one element. Organizations must also establish feedback processes, publish progress reports, notify the Commissioner, and actually implement accessibility measures across their ICT systems.
What Good Faith Looks Like Under the Accessible Canada Act for Websites
Good faith under the ACA involves demonstrable progress, not perfection. Organizations should maintain accessibility plans that identify specific barriers in their digital properties and set realistic timelines for remediation. Plans must reflect genuine consultation with persons with disabilities, not checkbox compliance.
Progress reports should document concrete actions taken since the previous reporting period. This includes accessibility audits conducted, barriers removed, training provided, and tools or processes implemented. The Commissioner expects to see measurable improvement, not repeated acknowledgment of the same barriers.
Feedback processes must be functional and accessible. Organizations should document complaints received, responses provided, and changes made as a result of feedback. This creates an evidence trail that demonstrates responsiveness to accessibility concerns. Organizations that engage constructively with the Commissioner’s office during inspections and implement corrective action plans demonstrate the good faith posture that reduces enforcement escalation.
What the Accessibility Commissioner Looks For in ACA Website Accessibility Cases
- Published accessibility plan that meets content requirements and is posted in accessible format.
- Documented feedback process with designated point of contact and evidence of response procedures.
- Technical conformance with EN 301 549 and WCAG 2.1 Level AA for public-facing digital content.
- Evidence of consultation with persons with disabilities in accessibility plan development.
- Progress reports demonstrating barrier identification and removal over successive reporting periods.
Accessible Canada Act Website Accessibility FAQs
The ACA applies if your organization is federally regulated. This includes banks, telecommunications companies, broadcasters, interprovincial transportation providers, Crown corporations, and federal government entities. If your organization operates under federal jurisdiction and has 10 or more employees, ACA digital accessibility requirements apply to your public-facing websites and applications.
The ACA references EN 301 549, which incorporates WCAG 2.1 Level AA for web content. This became the applicable standard on May 31, 2024. Accessibility plans and feedback documents must meet at minimum WCAG 2.0 Level AA. Organizations should test against WCAG 2.1 AA and ensure compatibility with assistive technologies including screen readers.
Penalties range from $250 to $250,000 per violation depending on severity. Minor violations (failing to publish plans) carry penalties up to $75,000. Serious violations (refusing Commissioner orders) reach $150,000. Very serious violations (obstructing investigations) can result in $250,000 penalties. Each day of continued violation can constitute a separate offense.
The ACA and provincial laws operate independently. Organizations operating in Ontario, for example, may need to comply with both AODA (provincial) and ACA (federal) if they are federally regulated. Provincial compliance does not satisfy federal obligations. Both frameworks require accessibility plans, though content requirements and enforcement mechanisms differ.
Your plan must include organization contact information, description of how you consulted persons with disabilities, and your policies for identifying, removing, and preventing barriers. It must address the seven ACA priority areas including ICT. Plans must be published on your website in accessible format and updated every three years, with progress reports filed annually.
The CRTC enforces ACA requirements for broadcasters and telecommunications providers within its jurisdiction. These organizations may face concurrent oversight from both the CRTC and the Accessibility Commissioner. A single accessibility plan can satisfy both sets of requirements if it meets all applicable content standards.
Yes. Individuals who experience barriers can file complaints with the Accessibility Commissioner. Complaints about employment-related accessibility go to the Federal Public Sector Labour Relations and Employment Board for federal employees. Separately, individuals can file human rights complaints with the Canadian Human Rights Commission for disability discrimination, which may include digital accessibility barriers.
No. ACA compliance and human rights obligations operate independently. Meeting ACA requirements does not prevent human rights complaints under the Canadian Human Rights Act. An individual who experiences discrimination due to inaccessible digital services can pursue both ACA complaints and human rights complaints concurrently.
Recent Accessible Canada Act Website Accessibility Enforcement Actions
2023-2024
Accessibility Commissioner Inspection Program - Federal Government Departments
- Plaintiff / Agency
- Office of the Accessibility Commissioner
- Defendant
- Multiple federal government departments
- Venue & Jurisdiction
- Administrative enforcement, Canada
- Allegations
- Failure to publish accessibility plans meeting content requirements; failure to notify Commissioner of published plans within 48-hour deadline.
- Status / Outcome
- 100% of government organizations inspected for key compliance requirements. 59 corrective action plans established with non-compliant organizations.
- Remedies / Payment
- Corrective action plans with defined timelines for compliance; no public penalty amounts disclosed.
- Why It Matters
- Establishes the Commissioner's inspection-first approach, prioritizing corrective action over immediate penalties during the initial enforcement period.
2023-2024
Private Sector Compliance Monitoring - Large Federally Regulated Organizations
- Plaintiff / Agency
- Office of the Accessibility Commissioner
- Defendant
- Private-sector organizations with 100+ employees in banking, telecommunications, and transportation
- Venue & Jurisdiction
- Administrative enforcement, Canada
- Allegations
- Failure to notify Commissioner of published accessibility plans; failure to meet content requirements for plans and feedback processes.
- Status / Outcome
- Compliance rate increased from approximately 20% to 40% following cautionary letters and outreach. Ongoing monitoring continues.
- Remedies / Payment
- Not publicly disclosed.
- Why It Matters
- Shows significant initial non-compliance in the private sector and the Commissioner's education-focused enforcement approach during rollout.
2024
Ontario AODA Enforcement Report
- Plaintiff / Agency
- Ontario Ministry of Seniors and Accessibility
- Defendant
- Multiple Ontario organizations
- Venue & Jurisdiction
- Ontario, Canada (provincial enforcement with federal implications)
- Allegations
- Non-compliance with AODA Information and Communications Standard, including website accessibility failures.
- Status / Outcome
- Over 1,000 audits conducted; 19 compliance orders issued; one administrative penalty imposed.
- Remedies / Payment
- Undisclosed penalty amount; penalties can reach $100,000 per day for corporations.
- Why It Matters
- Demonstrates enforcement activity under provincial accessibility law that often overlaps with ACA obligations for organizations operating in Ontario.
2024
Canadian Human Rights Commission Annual Complaints Report
- Plaintiff / Agency
- Canadian Human Rights Commission
- Defendant
- Various federally regulated organizations
- Venue & Jurisdiction
- Federal jurisdiction, Canada
- Allegations
- Disability discrimination complaints, including allegations related to inaccessible services and information.
- Status / Outcome
- 49% of 663 accepted complaints in 2023 related to disability. Disability remains the most-cited ground for human rights complaints.
- Remedies / Payment
- Varies by case; Tribunal can order compensatory damages and remedial measures.
- Why It Matters
- Human rights complaints provide an enforcement pathway parallel to ACA, with potential for individual remedies including compensation.
2010-2012 (foundational precedent)
Jodhan v. Canada (Attorney General)
- Plaintiff / Agency
- Donna Jodhan (individual plaintiff)
- Defendant
- Attorney General of Canada
- Venue & Jurisdiction
- Federal Court of Canada; Federal Court of Appeal
- Allegations
- Government of Canada websites violated Section 15 Charter equality rights by being inaccessible to blind and visually impaired users.
- Status / Outcome
- Federal Court found systemic failure to implement accessibility standards; ordered government to comply with WCAG 2.0 within 15 months. Federal Court of Appeal upheld key elements.
- Remedies / Payment
- Declaratory relief; government ordered to update accessibility standards and achieve compliance; legal costs awarded.
- Why It Matters
- Foundational Canadian precedent establishing constitutional obligations for government website accessibility. Influenced development of the ACA.
2023
Fourth Independent Review of AODA Implementation (Donovan Report)
- Plaintiff / Agency
- Province of Ontario (statutory review)
- Defendant
- Ontario government accessibility implementation
- Venue & Jurisdiction
- Ontario, Canada (provincial review with national implications)
- Allegations
- Review found "unequivocal failure" to achieve accessibility goals; $100,000 per day penalty provision never used; minimal enforcement staffing.
- Status / Outcome
- Report released December 2023 recommending crisis-level response and creation of new accessibility agency.
- Remedies / Payment
- Not applicable (policy review).
- Why It Matters
- Demonstrates weak enforcement history under provincial accessibility law, raising questions about federal ACA enforcement trajectory.