Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations (SOR/2021-160)

Whereas, a copy of the proposed Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 6, 2021, and a reasonable opportunity was given to regulated entities and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 45 and 54 of the Accessible Canada ActFootnote ^a, makes the annexed Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations.

• Return to footnote ^aS.C. 2019, c. 10

Gatineau, June 22, 2021

Le secrétaire général du Conseil de la radiodiffusion et des télécommunications canadiennes, Claude Doucet Secretary General of the Canadian Radio-television and Telecommunications Commission

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Accessible Canada Act. (Loi)

  broadcasting entity

  broadcasting entity means an entity or person that is a member of one of the classes established under subsection 2(1).  (entité de radiodiffusion)

  Commission

  Commission means the Canadian Radio-television and Telecommunications Commission. (Conseil)

  employee

  employee means a person employed by a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act and includes a dependent contractor, as defined in subsection 3(1) of the Canada Labour Code, but does not include

  • (a) a person employed under a program designated by the employer as a student employment program; and

  • (b) a student employed solely during their vacation periods. (employé)

  regulated broadcasting entity

  regulated broadcasting entity means a broadcasting entity in respect of which a day has been fixed under section 3. (entité de radiodiffusion réglementée)

  regulated telecommunications entity

  regulated telecommunications entity means a telecommunications entity in respect of which a day has been fixed under section 19. (entité de télécommunication réglementée)

  telecommunications entity

  telecommunications entity means an entity or person that is a member of one of the classes established under subsection 18(1). (entité de télécommunication)

  WCAG

  WCAG means the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, as amended from time to time. (WCAG)

• Marginal note:Interpretation of document incorporated by reference

  (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

PART 1Broadcasting Entities

Classes

Marginal note:Classes — broadcasting entity

• 2 (1) For the purposes of this Part, the following classes are established:

  • (a) Class B1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that carries on a broadcasting undertaking;

  • (b) Class B2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and is not a member of any other class;

  • (c) Class B3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has 10 or more employees but fewer than 100 employees;

  • (d) Class B4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has fewer than 10 employees.

• Marginal note:Deemed class

  (2) If a regulated broadcasting entity submits an attestation that it employs a quantity of employees that qualifies it as a member of a particular class, that entity is deemed to have always been a member of that class and has the obligations of entities in that class.

• Marginal note:Obligations before deemed change

  (3) Despite subsection (2), if a regulated broadcasting entity published an accessibility plan while it was a member of a particular class, it must fulfill its obligations relating to the feedback process and progress report with respect to that accessibility plan as though it were still a member of that class.

Marginal note:Day fixed — broadcasting entity

• 3 (1) Subject to subsection (2), for the purposes of subsection 42(1) of the Act, the day fixed is

  • (a) in respect of a Class B1 regulated entity, June 1, 2022;

  • (b) in respect of a Class B2 regulated entity, June 1, 2022; and

  • (c) in respect of a Class B3 regulated entity, June 1, 2023.

• Marginal note:New broadcasting entity

  (2) If an entity or person qualifies as a Class B1, Class B2 or Class B3 broadcasting entity on a day after the day fixed under subsection (1) for that class, the day fixed for the purposes of subsection 42(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified.

Accessibility Plans

Marginal note:Form

4 A regulated broadcasting entity must include a header in its accessibility plan for each element of the plan that is required under subsections 42(1), (5) and (9) of the Act.

Marginal note:Publication of accessibility plan

5 A regulated broadcasting entity must electronically publish its most recent accessibility plan in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;

• (b) in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and

• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Marginal note:Publication of updated accessibility plan

6 A regulated broadcasting entity must prepare and publish an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last required to be published.

Marginal note:Notice to Commission

7 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan.

Marginal note:Alternative formats

• 8 (1) A person may make a request that a regulated broadcasting entity make its accessibility plan available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

• Marginal note:Form and manner of request

  (2) The request must be made

  • (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;

  • (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;

  • (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or

  • (d) by any other means that is designated by the entity for the receipt of requests.

• Marginal note:Response time

  (3) The regulated broadcasting entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest,

  • (a) in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received; and

  • (b) in the case of a request for a plan in any other format,

    • (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and

    • (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received.

Feedback

Marginal note:Feedback process

• 9 (1) For the purposes of subsection 43(1) of the Act, a regulated broadcasting entity must allow the receipt of feedback that is provided

  • (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of feedback;

  • (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of feedback;

  • (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or

  • (d) by any other means that is designated by the entity for the receipt of feedback.

• Marginal note:Anonymous feedback

  (2) The regulated broadcasting entity must allow feedback to be provided anonymously.

• Marginal note:Person designated to receive feedback

  (3) The regulated broadcasting entity must designate and publicly identify a person to be responsible for receiving feedback on behalf of the entity.

• Marginal note:Acknowledgement of feedback

  (4) The regulated broadcasting entity must acknowledge receipt of feedback, other than anonymous feedback.

• Marginal note:Confidentiality

  (5) Subject to the Personal Information Protection and Electronic Documents Act and the Privacy Act, the regulated broadcasting entity must ensure that the personal information of a person who provides feedback remains confidential, unless the person consents to the disclosure of their personal information.

Marginal note:Publication of feedback process

• 10 (1) A regulated broadcasting entity must, for the purposes of subsection 43(2) of the Act, electronically publish a description of its process for receiving feedback, in clear, simple and concise language

  • (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;

  • (b) in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and

  • (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

• Marginal note:Time limit for publication

  (2) The regulated broadcasting entity must publish the description of its feedback process before the end of the day fixed under section 3 in respect of that entity.

• Marginal note:Updated feedback process

  (3) If the regulated broadcasting entity updates its feedback process, it must publish an updated description of its feedback process in the manner set out in subsection (1) as soon as feasible.

Marginal note:Alternative formats

• 11 (1) A person may make a request that a regulated broadcasting entity make the description of its feedback process available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

• Marginal note:Form and manner of request

  (2) The request must be made

  • (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;

  • (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;

  • (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or

  • (d) by any other means that is designated by the entity for the receipt of requests.

• Marginal note:Response time

  (3) The regulated broadcasting entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received, but at the latest,

  • (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and

  • (b) in the case of a request for a description in any other format,

    • (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and

    • (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received.