Accessible Canada Rules for Plans and Penalties

Summary#

The federal government published the final Accessible Canada Regulations under the Accessible Canada Act (registered December 13, 2021, published in the Canada Gazette December 22, 2021). The rules set when and how federally regulated organizations must make accessibility plans, accept feedback, publish progress reports, keep records and face penalties for non‑compliance.

What it does#

• Sets the planning and reporting cycle at 3 years (plan in year 1, progress reports in years 2 and 3).
• Fixes the dates for initial plans:
  • federal departments, agencies and Crown corporations: fixed day December 31, 2021 (so initial plans due within one year of that date);
  • private sector entities with 100 or more employees: fixed day June 1, 2022;
  • private sector entities with 10 to 99 employees: fixed day June 1, 2023.
• Exempts some groups:
  • entities with an average of fewer than 10 employees are exempt while they stay that small;
  • First Nations band councils are exempt from the planning and reporting requirements for 5 years from the regulations’ coming into force.
• Requires accessibility plans and progress reports to be:
  • written in simple, clear language and include set headings (General, the ACA priority areas, Consultations, and for reports a Feedback section);
  • published on the organization’s main public digital platform in a format that meets WCAG Level AA (Web Content Accessibility Guidelines) or displayed in visible printed form if there is no public digital platform.
• Requires alternate formats on request (print, large print, Braille, audio, or electronic formats compatible with adaptive tech) with deadlines:
  • Braille or audio: within 45 days;
  • other formats: within 15 days for federal entities and large private employers, 20 days for smaller private employers (99 or fewer).
• Requires a public description of how to give feedback, with a designated person named to receive it and the ability for people to submit feedback anonymously and by mail, phone, email or other usual public channels.
• Requires notification to the Accessibility Commissioner within 48 hours after publishing a plan, report or feedback description (give web link or physical addresses).
• Requires organizations to retain published plans, reports, feedback descriptions and any feedback received for 7 years.
• Creates an administrative monetary penalty (AMP) system:
  • violations are classified as “minor,” “serious” or “very serious” and mapped to penalty ranges that rise with repeat violations;
  • for a regulated entity that is not a small business, a first “minor” violation ranges from $1,000 to $10,000; higher ranges apply for repeat or more serious violations and larger entities;
  • the AMP framework allows up to $250,000 in penalties and applies a formula that adjusts amounts based on factors such as negligence, harm, mitigation and cooperation;
  • a 10% reduction is available if a penalty is paid within 15 days.

Who's affected#

• Federally regulated public bodies: federal departments, agencies and Crown corporations (including the Canadian Forces, Royal Canadian Mounted Police, and parliamentary entities).
• Federally regulated private-sector employers and businesses (examples: banks, telecommunications, parts of transportation, postal services, pipelines and others that fall under federal jurisdiction).
• Small employers with fewer than 10 employees are generally exempt from the planning and reporting rules while they remain that small.
• First Nations band councils are temporarily exempt from those planning/reporting duties for 5 years (but businesses run by bands or on reserve lands are not exempt).
• People with disabilities, employees, customers and the public who interact with these organizations — they are the intended beneficiaries.
• The regulations also set out how the Accessibility Commissioner will be notified and how enforcement (including AMPs) will work.

Why it matters#

• It forces federally regulated organizations to publish plain-language plans and regular updates about how they will identify and remove accessibility barriers. That should make it easier for people with disabilities to find information and request help in formats they can use.
• Requiring WCAG Level AA and alternate formats aims to improve online and offline access to important information.
• The rules create a measurable schedule and record-keeping (plans, reports, feedback, 7‑year retention) so progress can be tracked and checked.
• The AMP system gives the Accessibility Commissioner a tangible enforcement tool (penalties up to $250,000) to encourage compliance rather than relying only on voluntary action.
• The government’s analysis estimates the regulations' present value costs at about $23.2 million and present value benefits at about $73.7 million, yielding an estimated net present benefit of about $50.5 million over ten years — meaning officials expect overall public benefits to outweigh costs.