This is Part 1 of a 3-part series.
Organizations with employees in Ontario need to be aware of the
accessible websites requirements under the Accessibility for
Ontarians with Disabilities Act, 2005 ("Act").
They are set out in Section 14 of the Integrated Accessibility
Standards regulation under the Act ("IAS
Regulation"). I recently asked the Accessibility
Directorate of Ontario to clarify a few general scenarios to help
guide organizations.
Before getting to the Q&A, organizations should note that the
requirements are different depending on what type of organization
you are.
For those who have 50 or more employees in Ontario ("Large
Organizations"), you will need to know that any websites that
are newly created on or after January 1, 2014 will need to conform
with the "Web Content Accessibility Guidelines (WCAG)
2.0". This requirement also applies if your organization
significantly refreshes your website anytime on or after January 1,
2014. Although the legislation does not define what a
"significant refresh" is, Appendix A of the Ontario
government's publication "Information and Communications Standard: Making
your website more accessible" sets out guidelines on what
a significant refresh typically means. An example is where
you are creating, rewriting or reorganizing more than 50% of the
site's content. Even if a Large Organization has no
intention of creating a new website or doing a significant refresh
in the next several years, by January 1, 2021, all their internet
websites and web content must conform with WCAG 2.0 Level AA
(subject to limited exceptions).
The requirements described above also apply to designated public
sector organizations. That means every municipality and every
person or organization listed in Column 1 of Table 1 of Ontario
Regulation 146/10 (Public Bodies and Commission Public Bodies
— Definitions) made under the Public Service of Ontario
Act, 2006 or described in Schedule 1 to this Regulation
("Designated Public Sector Organizations").
Schedule 1 (Broader Public Sector) includes certain educational
institutions and hospitals.
Organizations with at least one but fewer than 50 employees in
Ontario ("Small Organizations") do not need to be
concerned with the requirements described above. However,
they should note the accessible formats and communication supports
requirement mentioned in this post.
Note that the Government of Ontario and the Legislative Assembly,
as those terms are defined in IAS Regulation, have different
requirements from those stated in this post.
Now, the Q&A:
Question: If a Large Organization or Designated Public Sector Organization significantly refreshes its website in 2014, and there is web content that was published before January 1, 2012, and web content that was published in 2013, what portion of the website will need to conform with WCAG 2.0 Level A?
Answer: Designated public sector organizations
and large private and not-for-profit organizations (with 50 or more
employees in Ontario) that create a new internet website or
significantly refresh their existing website on or after January 1,
2014 are required to make that website and web content on that new
or significantly refreshed site conform with WCAG 2.0 Level
A.
Any content published on that new or significantly refreshed
website after January 1, 2012 is required to be compliant with WCAG
2.0 Level A. This includes web content that was published in
2013.
Any web content published on that new or significantly refreshed
website before January 1, 2012 is not required to comply with WCAG
2.0.
Although content published on a website before January 1, 2012 is
not required to be compliant with WCAG 2.0, people with
disabilities can request that this content be provided in an
accessible format under Section 12 of the Integrated Accessibility
Standards Regulation – Accessible Formats and Communication
Supports. Section 12 requirements come into effect on January
1, 2015 for designated public sector organizations with 50 or more
employees, and on January 1, 2016 for designated public sector
organizations with 1-49 employees and large private/not-for-profit
organizations.
A "new" website means: a site with a new domain name
(i.e., a brand new website address, and not a new page or link on
the existing site); or a site with an existing domain name
undergoing a significant refresh. A significant refresh may
include, but is not limited to, a new look and feel, changes to how
the site is navigated, or the majority of content being updated or
changed.
Question: Do mobile apps have to conform with WCAG 2.0 Level A?
Answer: Designated public sector organizations
and large private/not-for-profit sector organizations would have to
meet accessibility requirements for any mobile applications that
are internet-based. Mobile applications that are not internet-based
would not have to conform with accessibility requirements under the
Integrated Accessibility Standards Regulation. Organizations will
need to assess their mobile application to determine whether it is
internet-based or not.
Next week we will post Part 2 of this series which involves
micro-sites.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.