Key Takeaways
- The Regulations Amending the Accessible Canada Regulations were posted in the Canada Gazette on December 17, 2025, and will come into force on December 5, 2027, and December 5, 2028, for certain sections.
- The Regulations aim to improve the accessibility of digital technologies for persons with disabilities.
- Entities must ensure that new or updated webpages, mobile applications, and non-web documents comply with the Accessibility requirements for ICT products and services (ICT Standard).
- Employers must provide training to employees involved in the development, maintenance, or procurement of information and communication technologies on accessibility fundamentals.
- Failure to comply with the Regulations may result in penalties for non-compliance.
Introduction to the Regulations
The Regulations Amending the Accessible Canada Regulations (the “Regulations”) were posted in the Canada Gazette on December 17, 2025. These Regulations are designed to improve the accessibility of digital technologies for persons with disabilities. The Regulations will come into force on December 5, 2027, with certain sections coming into force on December 5, 2028. The compliance obligations and timing of those obligations depend on whether and where an entity is included in section 7 of the Accessible Canada Act (the “Act”).
Information and Communication Technologies
The Regulations add a new section titled “Information and Communication Technologies,” which adopts the Accessibility requirements for ICT products and services (the ICT Standard). This standard outlines accessibility requirements for information and communication technology products and services. Under the Regulations, entities must ensure that any new or updated webpages, mobile applications, and non-web documents (Items) are in compliance with the ICT Standard. An entity will be required to publish an accessibility statement pertaining to all Items that are required to be in compliance with the ICT Standard by the date that the Regulations come into force for that entity.
Accessibility Statements
The accessibility statement must be written in simple, clear, and concise language and include its publication date, the entity’s contact information, an acknowledgement of the entity’s obligations, a description of the accessibility features, and an overview of cases where obligations to conform to the ICT Standard are not met. The statement must also include any alternative means established, plans and timelines for any gaps in the entity’s conformity with the ICT standard, and be accessible from a prominent location. The entity must post an accessibility statement once every 12 months after the initial publication.
Training and Procurement
The Regulations require employers to provide training to employees who are involved in the development, maintenance, or procurement of information and communication technologies on accessibility fundamentals regarding those technologies. Refresher training must be provided at a minimum of once every three years, and an electronic record of the training must be retained. The training requirements come into force for all applicable entities on December 5, 2027. Regulations concerning procurement will come into force on December 5, 2028, and will require applicable entities who are purchasing products or services related to new or updated web pages and mobile applications to conduct or obtain a conformity assessment that includes a gap analysis against the ICT Standard.
Compliance and Penalties
Failure to comply with the Regulations is classified as a minor violation, which includes penalties for non-compliance. Employers subject to the Act and its Regulations should begin preparing to implement accessibility statements and ensuring their organizations’ new or updated webpages, mobile applications, and non-web documents will be in compliance with the Regulations to avoid penalties. The labour and employment team at MLT Aikins would be happy to assist with all aspects of compliance with the Regulations, including creating accessibility statements.
Conclusion and Recommendations
In conclusion, the Regulations Amending the Accessible Canada Regulations aim to improve the accessibility of digital technologies for persons with disabilities. Entities must ensure that new or updated webpages, mobile applications, and non-web documents comply with the ICT Standard, and employers must provide training to employees involved in the development, maintenance, or procurement of information and communication technologies on accessibility fundamentals. It is recommended that organizations review the Act directly to determine the applicability of the Regulations to their specific entity and any exceptions that may apply. Readers should consult a legal professional for specific advice in any particular situation, as laws may change over time and should be interpreted only in the context of particular circumstances.
