If you are an organization with 50 or more employees in Ontario – other than the Government of Ontario or a designated public sector organization – you meet the definition of a "large organization" as outlined in s. 2 of the Integrated Accessibility Standards Regulation 191/11 (IAS).

In accordance with the IAS, large organizations in Ontario will soon be required to make their internet and intranet websites and web content accessible, according to the Web Content Accessibility Guidelines (WCAG) 2.0 created by the World Wide Web Consortium (W3C). The requirements are set out in the Accessibility Standard for Information and Communications under Part II of the Integrated Accessibility Standards Regulation 191/11 of the Accessibility for Ontarians with Disabilities Act, 2005.

Employers in Ontario will already be familiar with the Customer Service Accessibility Standard, which required organizations to ensure policies, practices and procedures governing the provision of goods or services to persons with disabilities were established and implemented as of January 1, 2012.

The Information and Communications Standard, set out in Part II of the IAS, will require large organizations to begin making their websites accessible for all Ontarians. For example, if an employer has an explanatory video on its website, the video will have to have closed captioning to accommodate individuals with hearing loss.

The following is a summary of the requirements and the timelines for implementation for large organizations:

  • January 1, 2014: New internet websites and web content must conform with WCAG 2.0 Level A.
  • January 1, 2021: All internet websites and web content must conform with WCAG 2.0 Level AA other than criteria 1.2.4 (captions) and 1.2.5 (pre-recorded audio descriptions).

The requirements apply to websites and web content, including web-based applications and to web content published on a website after January 1, 2012.

This web accessibility requirement will be phased in for large organizations starting January 1, 2014. However, organizations should note that all content posted from January 2012 on will eventually be required to meet the Level AA WCAG 2.0 standard. Therefore, it is in an employer's best interest to begin implementing a compliance strategy to ensure that all web content that is posted going forward is meeting the standard to ease this transition. Further, any planned website redevelopment should be done with software that will meet the Level AA WCAG 2.0 standards when full compliance is required in 2021. Organizations should begin a dialogue with their IT personnel to discuss a compliance strategy as soon as possible.

What is WCAG 2.0?

WCAG 2.0 is an internationally accepted standard for web accessibility developed by the W3C, which sets out guidelines for organizations to follow to make their websites more accessible for people with disabilities. The guidelines cover things like writing web content in clear language, providing alternative text for images and making sure someone can navigate your website with just a keyboard. Each guideline has three levels of accessibility: A, AA and AAA.

You can find an overview of the WCAG 2.0 here.

The Government of Ontario has provided a compliance wizard to assist employers in understanding their obligations under the Integrated Accessibility Standards, which can be found here.

In addition to meeting the website accessibility standards, the Information and Communications Standards requires additional information and communications to be provided in accessible formats, including but not limited to:

  • Provide accessible formats and communications supports in a timely manner and at a cost that is no more than the regular cost charged to other persons, when a person with a disability asks for them. In effect for large organizations on January 1, 2016.
  • Make feedback processes accessible by providing accessible formats and communications support when requested and notify the public about the availability of accessible formats and communication support. In effect for large organizations on January 1, 2015.
  • Make public emergency information accessible when requested, if the organization prepares emergency procedures, plans or public safety information and makes the information available to the public. In effect since January 2012.

In addition to large organizations, other obligated organizations, such as the Government of Ontario, public sector organizations and small organizations (less than 50 employees), will also be required to comply with the Information and Communications Standards in accordance with timelines specified in the IAS.

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.