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Accessible Canada Regulations (SOR/2021-241)

Regulations are current to 2023-01-25

Accessible Canada Regulations

SOR/2021-241

ACCESSIBLE CANADA ACT

Registration 2021-12-13

Accessible Canada Regulations

P.C. 2021-999 2021-12-09

Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, pursuant to subsections 91(1) and 117(1) of the Accessible Canada ActFootnote a, makes the annexed Accessible Canada Regulations.

Interpretation

Marginal note:Definitions

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

    Act

    Act means the Accessible Canada Act. (Loi)

    band

    band has the same meaning as in subsection 2(1) of the Indian Act. (bande)

    employee

    employee means any person employed by a regulated entity described 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 excludes

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

    • (b) a student employed solely during the student’s vacation periods. (employé)

    planning and reporting cycle

    planning and reporting cycle means a period of three consecutive years the first year of which is a year in which there is a date by which a regulated entity is required to publish a version of an accessibility plan under section 47, 56, 65 or 69 of the Act, as the case may be and in which the second and third years are years in which there is a date by which a regulated entity is required to publish a progress report under section 49, 58, 67 or 71 of the Act, as the case may be. (cycle de planification)

    WCAG

    WCAG means the most recent version that is available in both English and French of the Web Content Accessibility Guidelines, published by the World Wide Web Consortium. (WCAG)

    year

    year means a calendar year. (année)

  • Marginal note:Average number of employees — year

    (2) For the purposes of these Regulations, the average number of employees during a year is the sum of the number of employees at the time in each month during that year when the number of employees is the greatest, divided by 12 and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number.

  • Marginal note:Average number of employees — planning and reporting cycle

    (3) For the purposes of these Regulations, the average number of employees during a planning and reporting cycle is the sum of the average number of employees during each year of the planning and reporting cycle, divided by three and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number.

Exemption

Marginal note:Band

 With respect to a band, the following entities and persons are exempted from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act and sections 3 to 19 of these Regulations until the day before the fifth anniversary of the day on which these Regulations come into force:

  • (a) a council of the band, as defined in subsection 2(1) of the Indian Act; and

  • (b) an entity or person — other than one that carries on a business — that carries on an undertaking that is not within the legislative authority of a province for or on behalf of the council of the band, as defined in subsection 2(1) of the Indian Act, or on the band’s reserve lands.

PART 1Planning, Feedback and Reporting

Exemptions

Marginal note:Fewer than 10 employees — year

  •  (1) A regulated entity described in paragraph 7(1)(e) or (f) of the Act is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act if that entity has an average of fewer than 10 employees during the later of

    • (a) the year before the year in which the entity’s first planning and reporting cycle would have started but for this exemption, and

    • (b) the year in which the regulated entity is established.

  • Marginal note:Fewer than 10 employees — planning and reporting cycle

    (2) A regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of fewer than 10 employees during a planning and reporting cycle is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act, effective the last day of the planning and reporting cycle.

  • Marginal note:Cessation of exemption

    (3) An exemption under subsection (1) or (2) ceases to have effect during any year in which the regulated entity has an average of 10 employees or more.

Accessibility Plans

Dates for Preparation, Publication and Updates

Marginal note:Initial accessibility plan

  •  (1) Subject to subsections (2) and (3), for the purposes of subsections 47(1), 56(1), 65(1) and 69(1) of the Act, the fixed day is

    • (a) for a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act, December 31, 2021;

    • (b) for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 employees or more during the year in which these Regulations come into force, June 1, 2022; and

    • (c) for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 10 to 99 employees during the year in which these Regulations come into force, June 1, 2023.

  • Marginal note:New regulated entity

    (2) If a regulated entity is established or becomes subject to the Act during any year after the year in which these Regulations come into force, the fixed day for that entity is June 1 of the year following the year in which the entity is established or becomes subject to the Act, as the case may be.

  • Marginal note:Entity no longer exempt

    (3) If a regulated entity ceases to be exempt in accordance with subsection 3(3) and has never prepared and published an initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, the fixed day for that entity is the later of

    • (a) June 1 of the second year after the year in which these Regulations come into force, and

    • (b) June 1 of the first year in which the regulated entity has an average of 10 employees or more after the year in which it has ceased to be exempted.

  • Marginal note:Updated accessibility plan

    (4) Subject to subsection (5), for the purposes of subsections 47(2), 56(2), 65(2) and 69(2) of the Act, the applicable period is 36 months beginning on the date by which the plan was last required to be published.

  • Marginal note:Entity no longer exempt

    (5) The applicable period for a regulated entity that has ceased to be exempt in accordance with subsection 3(3) and that, before becoming exempt, had completed at least one planning and reporting cycle is 12 months after June 1 of the first year in which the entity has an average of 10 employees or more after the year in which it has ceased to be exempted.

Form

Marginal note:Language and headings

  •  (1) An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2), or 69(1) or (2) of the Act must be written in simple, clear and concise language and must include the following headings:

    • (a) “General”;

    • (b) a heading for each area identified under paragraph 47(1)(a), 56(1)(a), 65(1)(a) or 69(1)(a) of the Act, as the case may be; and

    • (c) “Consultations”.

  • Marginal note:“General” heading

    (2) The information that is contained under the heading “General” must include the position title of the person designated to receive feedback on behalf of the regulated entity and the manner and information by which the public can communicate with the regulated entity, including the mailing address of its publicly accessible businesses, a telephone number and an email address in order to

    • (a) request the entity’s accessibility plan in a format referred to in subsection 8(2);

    • (b) request the description of the entity’s feedback process in a format referred to in subsection 9(5); or

    • (c) provide feedback.

  • Marginal note:“Consultations” heading

    (3) The information that is contained under the heading “Consultations” is the information referred to in subsection 47(5), 56(5), 65(5) or 69(5) of the Act, as the case may be.

Marginal note:Publication

  •  (1) An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2) or 69(1) or (2) of the Act must be published

    • (a) in a format that meets the requirements for Level AA conformance that are set out in the WCAG;

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

    • (c) in a manner that makes the plan accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage.

  • Marginal note:No digital platform accessible to public

    (2) A regulated entity that does not have a digital platform that is made available to the public must publish its accessibility plan by displaying a printed copy of the plan in a location where it is clearly visible and accessible to the public in the reception area or entrance of each of its places of business.

Marginal note:Notice to Accessibility Commissioner

 For the purposes of subsections 47(3), 56(3), 65(3) and 69(3) of the Act, within 48 hours after a version of the accessibility plan is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the plan, the hyperlink to that URL address or the mailing addresses of the places of business where that version of the plan is published.

Marginal note:Manner of request

  •  (1) A request for an accessibility plan referred to in subsection 47(8), 56(8), 65(8) or 69(8) of the Act must be made by mail, telephone, email or by any other means the regulated entity uses to communicate with the public.

  • Marginal note:Format

    (2) A person may make a request under subsection 47(7), 56(7), 65(7) or 69(7) of the Act that a regulated entity make its accessibility plan available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities.

  • Marginal note:Deadlines — accessibility plan

    (3) For the purposes of subsections 47(7), 56(7), 65(7) and 69(7) of the Act, the accessibility plan must be made available to the person making a request as soon as feasible but, at the latest,

    • (a) 45 days after the day on which the request is received, in the case of a request for a plan in Braille or audio format; or

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

      • (i) 15 days after the day on which the request is received, in the case of a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act,

      • (ii) 15 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 or more employees during the year preceding the day on which the request is received, or

      • (iii) 20 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 99 or fewer employees during the year preceding the day on which the request is received.

Feedback Process

Marginal note:Designated person to receive feedback

  •  (1) When establishing a feedback process under subsection 48(1), 57(1), 66(1) or 70(1) of the Act, a regulated entity must designate a person responsible for receiving feedback on behalf of the entity and provide the position title of that person.

  • Marginal note:Anonymous feedback

    (2) The regulated entity must ensure that feedback process allows a person to provide feedback anonymously.

  • Marginal note:Feedback — means

    (3) The regulated entity must ensure that feedback process allows a person to provide feedback by mail, telephone, email and by any other means the regulated entity uses to communicate with the public.

  • Marginal note:Acknowledgment of feedback

    (4) The regulated entity must ensure that acknowledgment of receipt is included in the feedback process, unless the feedback is received anonymously, in the same means by which it is received.

  • Marginal note:Format

    (5) A person may request that a regulated entity make the description of its feedback process referred to in section 48, 57, 66 or 70 of the Act available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that assists persons with disabilities.

  • Marginal note:Deadlines — description of feedback process

    (6) The regulated entity must make the description of its feedback process available to the person in the requested format as soon as feasible but, at the latest,

    • (a) 45 days after the day on which the request is received, in the case of a request for the description in Braille or audio format; or

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

      • (i) 15 days after the day on which the request is received, in the case of a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act,

      • (ii) 15 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 or more employees during the year preceding the day on which the request is received, or

      • (iii) 20 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 99 or fewer employees during the year preceding the day on which the request is received.

Marginal note:Publication

  •  (1) For the purposes of subsections 48(2), 57(2), 66(2) and 70(2) of the Act, the description of the feedback process must be published

    • (a) in simple, clear and concise language;

    • (b) in a format that meets the requirements for Level AA conformance that are set out in the WCAG;

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

    • (d) in a manner that makes the description accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage;

    • (e) at the same time as the regulated entity publishes its initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, as the case may be.

  • Marginal note:No digital platform accessible to public

    (2) A regulated entity that does not have a digital platform that is made available to the public must publish a description of its feedback process by displaying a printed copy of the description together with its accessibility plan.

Marginal note:Amendment of feedback process

 If a regulated entity amends its feedback process established under subsection 48(1), 57(1), 66(1) or 70(1) of the Act, it must publish a description of the new version of the process in accordance with section 10 other than paragraph 10(1)(e), as soon as feasible.

Marginal note:Notice to Accessibility Commissioner

 For the purposes of subsections 48(3), 57(3), 66(3) and 70(3) of the Act, within 48 hours after a description of a version of its feedback process is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the description, the hyperlink to that URL address or the mailing addresses of the places of business where the description of that version of the process is published.

 
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