On May 1, 2025, the Accessible Information and Communication Standard Regulation (the "Regulation") under The Accessibility for Manitobans Act, C.C.S.M. c. A1.7 (the "AMA") will take effect for private sector businesses operating in Manitoba. The AMA's goal is to ensure accessible communication for persons with disabilities, and to remove barriers to information and communication when accessing goods and services.
The Regulation applies to private sector organizations, including franchises, that are subject to the AMA and have one or more employees in Manitoba, marking an expansion in accessibility regulation which traditionally focused on compliance by public sector bodies. Franchisors should consider the implications of the Regulation from an operational and franchise disclosure perspective in light of its business activities in Manitoba.
Why This Matters for Franchisors
Compliance with the Regulation will most often be the franchisee's responsibility, unless there are franchisor-owned locations or the franchisor otherwise has employees in Manitoba, in which case the franchisor will also be responsible for compliance. Even if franchisors are not directly responsible for compliance with the Regulation, it may be prudent for franchisors to review their franchise policies and operational requirements related to communications, information formats, websites, training, and signage to ensure they are not at odds with the requirements set out in the Regulation.
Additionally, franchisors should consider whether the Regulation impacts information included in the franchise disclosure document ("FDD"), including, for example, whether the associated costs of compliance with the Regulation may impact cost estimates for establishing a franchise in Manitoba that are required to be set out in an FDD,1 or otherwise if compliance with the Regulation may amount to a "material fact" (as defined in The Manitoba Franchises Act, C.C.S.M. c. F156) that should be disclosed in an FDD.
Requirements under the Regulation
Accessible communication policy
Under the Regulation, businesses operating in Manitoba are required to develop policies that ensure barrier-free communication and information.2 If an impacted business qualifies as a large employer, defined as having 50 or more employees in the province, these policies must be documented and made publicly available.3
Training
Training is another requirement of the Regulation. Franchisees (and franchisors, if applicable) must provide training to anyone involved in customer service, web development, IT procurement, or policy development.4 The training must include content on recognizing communication barriers, using accessible formats and communication supports, and understanding the Human Rights Code, the AMA and the Regulation.5
Impacted businesses are also obligated to inform both staff and the public that accessible formats are available upon request. When such a request is made, the business must consult with the requester to identify the most suitable format or support, and then provide it at no extra cost.6 However, exceptions may apply in cases of technical feasibility, undue hardship or if the business lacks direct control over the information.7 The latter exception may be particularly relevant in the franchising context.
Online communications
Public-facing web content and digital applications must meet WCAG 2.1 Level AA accessibility standards if they are published after the compliance date or are necessary to access goods or services.8 This content could include, for example, websites, booking systems, online ordering platforms, or job application portals. Similar exceptions to compliance to those noted directly above are contemplated in the Regulation. If the franchisor controls these systems, it may wish to facilitate or take responsibility for meeting these requirements.
Feedback
Additionally, a Manitoba business subject to the Regulation must provide a mechanism for receiving feedback on accessibility. Businesses must ensure they respond appropriately to feedback, document the actions taken in response, and make this documentation available upon request.9
Non-compliance
Under the AMA, it is an offence to fail to comply with the Regulation.10 Non-compliance can lead to inspections or audits by the Accessibility Compliance Secretariat.11 If issues are found, businesses may receive compliance orders with specified deadlines for corrective action. Continued failure to comply can result in financial penalties and public reporting of violations. As a last resort, a business may be charged with a summary conviction offence.12
Going forward
The enactment of provincial accessibility legislation is a relatively new trend in Canada. Manitoba and Ontario are currently the only provinces with accessibility legislation that applies to private sector businesses.
Franchisors should consider whether the Regulation may directly apply to them, if they have employees in Manitoba, and otherwise, consider whether its policies and operational requirements that apply to franchisees in Manitoba are consistent with the Regulation's requirements. Consideration should also be given as to whether these regulatory requirements warrant disclosure in FDDs delivered to prospective franchisees in Manitoba.
Footnotes
1. Franchises Regulation, Man. Reg. 29/2012, under The Franchises Act, C.C.S.M. c. F15 at s.7.
2. Accessible Information and Communication Standard Regulation (the "Regulation") Man. Reg. 171/2022, under The Accessibility for Manitobans Act, C.C.S.M. c. A1.7 at s.3(1).
3. The Regulation at s.3(2).
4. The Regulation at s.4(1).
5. The Regulation at s.4(2).
6. The Regulation at s.6(3).
7. The Regulation at s.6(4).
8. The Regulation at s.7(1) and s.8(1).
9. The Regulation at s.9.
10. The Accessibility for Manitobans Act, C.C.S.M. c. A1.7 at s.34(1).
11. Manitoba, Department of Families, Made-in-Manitoba Compliance Framework: Compliance Framework under The Accessibility for Manitobans Act (Winnipeg: Government of Manitoba, n.d.) [PDF., Made-in-Manitoba Compliance Framework at p. 6.
12. Made-in-Manitoba Compliance Framework at p. 7-8.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
