In Canada, accessibility laws allow individuals with disabilities equal and uninterrupted access to public services, digital websites, and online tools, just like non-disabled individuals. These accessibility laws foster a more inclusive Canadian society, enabling historically marginalized communities to benefit from everything from wheelchair ramps in public buildings to improved website layouts with deeper color contrast and larger cursors for the visually impaired.
Keep reading to learn more about accessibility laws in Canada. This section provides an overview of website accessibility standards, the role of the ACA (Accessible Canada Act/Canadian Human Rights Act) / AODA (Accessibility for Ontarians with Disabilities Act), accessibility barriers on web pages and web applications, and an in-depth exploration of WCAG (Web Content Accessibility Guidelines) and its impact on web accessibility.
What is the ACA (Accessible Canada Act)?
Arguably the foremost piece of accessibility legislation in Canada, the ACA promises individuals with disabilities equal access across all public domains, including goods and services. Specifically, it mandates that businesses and organizations implement measures to enhance accessibility by designing and implementing physical and web accessibility plans.
For instance, the ACA mandates accessibility standards for parking facilities, including designated accessible parking spaces. It dictates the exact number of available accessible parking spaces, their specifications, location, layout, and other features. Signs must also meet accessibility standards with clearly visible markings. Naturally, non-disabled drivers are prohibited from parking in accessible parking spaces under the threat of fines and administrative penalties.
Another aspect of the ACA involves public consultation and engagement, promoting collaboration among various stakeholders to establish best practices regarding physical and web accessibility standards. Multiple organizations might conduct public hearings and seek public feedback on making their buildings more accessible, for example. Consequently, a Canadian transportation agency or a Canadian radio station in a 70-year-old building might be required to install handicap ramps to facilitate easier access for wheelchair users.
A critical component of the ACA is the appointment of an Accessibility Commissioner vested with full authority to launch investigations into businesses and organizations that fail to comply with web accessibility standards for information and communication technologies. For instance, if an advocacy group owns a building lacking handicapped access, the Accessibility Commissioner enforces fines and other penalties.
Lastly, the ACA advocates for raising awareness about individuals with disabilities and ADA compliance. For instance, it may conduct public awareness campaigns through televised spots by non profit organizations, radio, newspapers, and other media to draw attention to the issue and encourage full and equal participation. Additionally, the government of Canada has been known to reward companies for promoting inclusion through funding and technical support for a barrier-free Canada, providing web accessibility for all.
A Word on the Accessibility Commissioner
Another critical aspect of the ADA is the role of the Accessibility Commissioner, who enforces compliance for public and private entities to meet physical and web accessibility standards. If an individual or advocacy group files a non-compliance complaint, the Accessibility Commissioner is on the front line with the power to enforce fines and penalties, ensuring full and equal participation for persons with disabilities.
As of this writing, Michael Hottheil is Canada’s (first and only) Accessibility Commissioner, bringing more than 35 years of experience advocating for the rights of people with disabilities. He previously served as a member of an Ottawa Law Firm and held key positions such as Executive Chair at the Social Justice Tribunals of Ontario and Executive Chair of the Environment and Land Tribunals of Ontario. He is also blind, so his work as a communication technologies and web accessibility advocate for a barrier-free Canada is even more impressive.
What is the AODA (Accessibility for Ontarians with Disabilities Act)?
Another critical piece of physical and web accessibility standards Canada enforces is the AODA (Accessibility for Ontarians with Disabilities Act). Enacted in 2005, the AODA’s mission is to make Ontario fully accessible to people with all disabilities by 2025 through a regulatory framework/feedback processes that maintain physical and web accessibility standards, one part being this AODA website compliance checklist.
Another area the Ontario government focuses on is enforcement. Under the AODA, businesses and organizations must adhere to accessibility standards across all areas of public life, including transportation, employment, and websites, including mobile apps. They are required to develop policies, conduct internal training, and advocate for accessible Canada regulations, preventing barriers to the wider public.
Whether retrofitting a 10-year-old website to meet AODA compliance/web accessibility standards or installing handicap ramps in public spaces, businesses have clear standards to follow.
Similar to the Accessibility Commissioner, the government of Canada enact physical and web accessibility legislation and enforces AODA compliance, imposing civil penalties, lawsuits, and other infractions for non-compliance (e.g., the Nova Scotia Accessibility Act), which could adversely affect a business or organization’s prospects. Don’t let bad usability standards or a violation of the Canadian human rights act derail your business’ goals.
What Are WCAG (Web Content Accessibility Guidelines)?
Developed by the World Wide Web Consortium (W3C), WCAG provides a framework on which all websites and digital services should operate, recognizing visual, auditory, speech, cognitive, and other disabilities with helpful elements that improve the perception and understandability of the content being offered.
There are four main criteria that define WCAG: Perceivable, Operable, Understandable, and Robust, with each overarching principle speaking to a set of guidelines.
- First of all, Perceivable encourages web developers to design websites with recognition of one’s sensory abilities. For instance, the visually impaired could benefit from alternative text for images or stark color contrast ratios to better discern content.
- Secondly, Operable leans in on focus management, ensuring that all website and application functions can occur with a few simple keyboard strokes.
- The third concept, Understandable, elaborates on the importance of building websites with clear and easy-to-understand language and a logical sequence of organizing data, implying heavy use of intuitive navigation and other visual aids.
- Lastly, Robustness ensures that assistive technologies are made available to all users. All content within a web page or digital property should be easily scanned and offer compatibility with assistive technologies. No longer are web developers confined to semantic HTML, so there is a larger calling to integrate web content wisely with accessibility tools.
In short, WCAG promotes inclusivity, legal compliance, and an enhanced user experience for all individuals with disabilities.
Let’s Talk About Guidelines and Requirements for Canadian Websites
For Canadian websites to meet web accessibility requirements, two forms of legislation offer guidance — the Accessibility for Ontarians with Disabilities Act (AODA) and the Canadian Human Rights Act.
Under the AODA (specific to Ontario only), all organizations with more than 50 employees must adhere to Level AA WCAG guidelines. Remember, these guidelines are highly web-specific, calling for specific features like alternative image text, captioning, larger cursors, simplified navigation menus, and much more.
Here’s a brief look at the specific guidelines and requirements based on WCAG guidelines:
- Alternative Text: Conveys the meaning of an image (for the visually impaired).
- Semantic HTML: Allows screen readers and other assistive technologies to scan and interpret your website’s contents, enabling users to understand hierarchy, navigation, and other key features contained within.
- Focus Indicators: Relies on keyboard navigation to bring a desired element into focus. Whether it’s opening up a form field or interacting with a form, all of these tasks should be easily conducted using one’s keyboard, not a complicated series of on-site instructions.
- Color Contrast Ratios: Another important aspect of web accessibility is ensuring color contrasts are adequate for text and images.
In turn, the Canadian Human Rights Act serves as official legislation that bans discrimination based on disability, ensuring that all people have equal access to websites and online services.
Benefits of Having an Accessible Website for Businesses and Individuals
Here are three of the best benefits accessible websites offer:
Longer Reach
With close to 15% of Americans having a partial or full disability, accessible websites allow for an expanded reach, which can translate to increased traffic, revenue, and other business KPIs.
Legal Compliance
In Canada, non-exempt websites and digital applications must meet accessibility standards. Failure to meet these standards may result in several government regulators imposing fines and other consequences, in accordance with the Accessibility for Ontarians with Disabilities Act (AODA) and other legislation.
Improved User Experience
Another benefit of accessible websites is an improved user experience. By providing descriptive alternative text for images, increasing cursor size, and making menus clearer, it opens the door for individuals with disabilities to be part of an inclusive online environment, which can help improve traffic, increase revenue, and enhance brand perception.
In addition to the three benefits above, there’s no shortage of other benefits like reduced bounce rates, improved SEO, and other metrics that can be enhanced after expanding your reach.
Common Challenges in Achieving Website Accessibility and How Accessibly Addresses Them and Encourages Compliance
As with all worthwhile initiatives, there are challenges in achieving website accessibility across businesses and organizations, regardless of the type.
Here are three challenges we recognize from our years in the field:
Guideline Complexity
Naturally, the Web Content Accessibility Guidelines (WCAG) can be confusing, especially for non-web developers. There’s an ever-evolving mix of different legal and regulatory guidelines, as well as technical requirements that could add an entirely new level of sophistication. Technology is constantly changing and evolving, and with WCAG being living/breathing documentation, it’s often exhaustive staying on top of all these updates, especially for those not used to web accessibility.
Lack of Alignment
Not everyone perceives specific WCAG elements the same way. For example, there’s a lot of subjectivity with web accessibility. One visually impaired person could think a certain color contrast combination is insufficient while another would like it, which raises questions over whether or not web accessibility guidelines are being met.
Technical Complexity
WCAG guidelines have a heavy amount of technical terminology which could stump even some experienced web developers. If you don’t have a technical background, you may find it challenging to understand, but not completely impossible.
Tips and Best Practices for Businesses to Improve Their Website Accessibility
If you want to improve your website accessibility, one of our leading recommendations is to use Accessibly.
Designed with WCAG and ADA guidelines in mind, Accessibly is one of the leading web accessibility widgets around. It helps retrofit existing sites so they are compliant by introducing a number of services and features allowing users to modify web elements to create larger text, larger cursors, inverted colors, brighter or darker contrast, additional reading lines, alternative text for images, and dozens of other best practice features around web accessibility.
Apart from these features, users have the option to subscribe to a 5-day free trial with a white label solution that removes Accessibly branding to make it your website’s own. Pricing plans depend on the platform.
As of this writing, Accessibly is compatible with more than 10 different platforms, including WordPress, Magento, WooCommerce, and Shopify.
