June 1, 2024 is the compliance date for small federally-regulated private sector entities, with between 10 and 99 employees, to publish their first accessibility plans, as required by the Accessible Canada Regulations (the “Regulations”). An accessibility plan, which must be prepared following consultation with persons with disabilities, is a document outlining a federally-regulated entities’ plans to remove barriers to accessibility in several areas, including employment (Act, s. 5(a)). As it relates to employment, small federally-regulated private sector employers will, for example, need to consider how to make their employment practices and hiring processes more accessible (Regulatory Impact Analysis Statement). Failure to comply with the Regulations can result in penalties, including monetary penalties.
Background
The federal Accessible Canada Act (the “Act”) came into force in 2019, with the overall goal of creating “a Canada without barriers, on or before January 1, 2040” (s. 5) by addressing barriers to accessibility that impact those with disabilities and their families (Preamble).
The supporting Regulations came into force on December 13, 2021. Compliance dates were set in stages and cycles, beginning in late 2022, requiring federal entities such as the public service and Crown corporations, and large federally-regulated private sector entities (with 100 or more employees) to consult people with disabilities, publish accessibility plans by June 1, 2023, and in future years publish progress reports.
As noted above, the next accessibility plan compliance deadline is June 1, 2024 and targets small federally-regulated private sector entities, with between 10 and 99 employees. This compliance date means that these entities will need to publish progress reports in 2025 and in 2026, and then publish a new accessibility plan in 2027, and going forward in three-year cycles.
The Federal Government has published guidance materials and a template plan to assist entities with their compliance requirements:
- Guidance on the Accessible Canada Regulations
- Guidance on Accessibility Plans
- Accessibility plan template
Entities with a public digital presence, whether it be a website or a social media account, must publish their accessibility plan on their main digital platform, and notify the Accessibility Commissioner (ss. 6-7 of the Regulations) through its My Accessibility Portal, that they have complied with the publication requirement.
Failure to comply with the requirements set out in the Regulations can result in significant monetary penalties. The Accessibility Commissioner is responsible for enforcing compliance with the Regulations, including by way of inspection, orders, notices of violation (including imposing administrative monetary penalties), compliance agreements or corrective action plans (Canadian Human Rights Commission, “Our approach to compliance”).
Please contact a member of our Labour and Employment Group if you have any questions regarding compliance with the Act and Regulations.
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