All telecommunications service providers (TSPs) and broadcasters registered with the Canadian Radio-Television and Telecommunications Commission (CRTC) must comply with the CRTC’s first June 1, 2022, deadline pursuant to the Accessible Canada Act (ACA).

TSPs and Broadcasters with at least 10 employees must act by June 1, 2022 deadline

TSPs and broadcasters with at least 10 employees must, by June 1, 2022, either:

1. Electronically post their accessibility feedback process and notify the CRTC within 48 hours of doing so (TSPs with over 100 global employees or 10 to 99 global employees if no attestation is filed) or
2. File an attestation with the CRTC to defer publication of the feedback processes for one year (TSPs with 10 to 99 global employees) or confirm the TSP is exempt (TSPs with under 10 global employees).

Additional details on the initial ACA compliance deadlines, as well as an example of applicable ongoing deadlines, are discussed in our May 2 ACA advisory.

Failure to comply with accessibility-related obligations, including compliance with CRTC regulations pursuant to the ACA, may subject TSPs to administrative monetary penalties (AMPs), which can apply to both TSPs and individuals, such as directors.

Contact our firm today for assistance in complying with your ACA CRTC obligations, whether you need to learn about your obligations, assistance with preparing and publishing the feedback process, or assistance with completing an attestation.

Additional Disability Access Considerations (Beyond CRTC / ACA Compliance)

We also always welcome questions about your company’s compliance with the more “substantive” Canadian disability access responsibilities or U.S. laws & regulations arising from the Americans with Disabilities Act (ADA) or Twenty-First Communications and Video Accessibility Act (CVAA).  Disability access laws and regulations continue to develop in both Canada and the U.S., and the U.S., in particular, has become rife with civil litigation arising from businesses whose websites litigious plaintiffs claim are non-compliant. 

In Canada, TSPs must comply with substantive Canadian disability access responsibilities, including:

• Providing federally mandated telecommunications relay services (TRS) to customers with hearing and speech disabilities;
• Maintaining a website that is compatible with screen readers, screen magnifiers, and other popular assistive technologies; and
• Offering accessible customer service and technical support options accommodating a wide range of disabilities.

In the end, accessibility always benefits everyone—not just those who absolutely need it due to their personal limitations.

To proactively explore how you can make your offerings more inclusive for everyone (and safe from enforcement or, more likely, the costs and burdens of defending civil litigation claims), we are always delighted to help. In addition to advising on applicable accessibility laws, our firm can connect you with trusted accessibility vendors who can evaluate your products and website, identify specific access barriers for people with disabilities, and implement appropriate remedial measures

In short, we can work with you to, through a holistic process, transform your company into an industry leader in accessibility, enabling you to tap into a market of millions of people with disabilities.

Contact Our Firm Today to Ensure Compliance with Canadian and U.S. Accessibility Requirements

If you have questions about the applicability of the Accessible Canada Act or CRTC Regulations Implementing the Accessible Canada Act, need assistance with preparing an feedback process description or attestation, or need to ensure you are meeting your accessibility obligations in Canada, please reach out to Ivan Zajicek at 703-714-1310 or isz@commlawgroup.com and Michal Nowicki at 703-714-1311 or mjn@commlawgroup.com.

For questions about or assistance with other CRTC compliance matters, including registration, BITS Licenses for international traffic, or STIR/SHAKEN, please reach out to Ivan Zajicek at 703-714-1310 or isz@commlawgroup.com.

For questions about or assistance with accessibility in the United States and before the Federal Communications Commission (FCC), including TRS, the CVAA, or the ADA, please reach out to Michal Nowicki at 703-714-1311 or mjn@commlawgroup.com.