First Accessible Canada Act Deadline Approaching – Ensure Compliance Before the June 1 Deadline

Canadian telecommunications service providers (TSPs) and broadcasters with at least ten employees will soon need to take their first steps to begin compliance with the Accessible Canada Act (Act) and Telecom and Broadcasting Regulatory Policy CRTC 2021-215, which provides the Canadian Radio-television and Telecommunications Commission’s (CRTC) regulations implementing the Act. June 1, 2022 marks the first deadline when feedback process descriptions must be posted, after which a three-year reporting cycle to publish accessibility plans and two years of progress reports begins on June 1, 2023.

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

Covered TSPs Must Publish their Feedback Process or an Attestation by June 1, 2022

By June 1, 2022, TSPs must publish their feedback process description online and notify the CRTC within 48 hours of publication. This requirement applies to TSPs in class “T2,” which are non-governmental TSPs with at least 100 employees and TSPs in class “T3,” with 10-99 employees.

Alternatively, class T3 TSPs (with fewer than 100 employees) may submit an attestation to the CRTC by June 1, 2022, which defers online publication of their feedback process description to June 1, 2023.

Some Exempt TSPs Must Provide the CRTC an Attestation for Exemption

Class T4 TSPs—those with fewer than 10 employees—are exempt from publishing their feedback process, but must submit an attestation to the CRTC by June 1, 2022.

However, class T5 TSPs—those exempt from the CRTC’s registration obligations pursuant to CRTC forbearance—do not need to publish their feedback process or an attestation to the CRTC.

Ongoing Accessibility Reporting Follows Feedback Process Publication

The year after a TSP publishes it’s feedback process description online is the start of the three-year ongoing cycle of publishing accessibility plans and progress reports. An example of applicable deadlines is available below (note the CRTC must be notified within 48 hours of each publication):

Following publishing of the second progress report, TSPs must publish an updated accessibility plan the following June 1, followed by two years of progress reports by June 1 in subsequent years.

Accessibility Requirements Apply to TSPs that Become Eligible in the Future

TSPs that become subject to the Act and CRTC regulations during a calendar year must publish their feedback process description online on June 1 of the subsequent calendar year and begin the three-year cycle of filing an accessibility plan followed by two years of progress reports on June 1 of the calendar year following publication of the feedback progress report.

This applies to new TSPs that are entering the Canadian market or that are currently not required to comply with the Act and CRTC regulations because they otherwise do not meet the CRTC’s criteria as class T1, T2, or T3 TSPs (i.e., class T4 TSPs or class T5).

Thus, a TSP that first registers on June 2, 2022 and is either a class T1 or T2 TSP must publish at the same schedule as a class T3 TSP that files an attestation by June 1, 2022:

• Publish feedback process on June 1, 2023;
• Publish initial accessibility plan on June 1, 2024;
• Publish initial progress report on June 1, 2025;
• Publish second progress report on June 1, 2026; and
• Update and re-publish accessibility plan on June 1, 2027 (followed by two years of progress reports and repeated).

Content, Publication, and Alternative Format Requirements

A TSPs feedback process, accessibility plans, and progress reports must be published in “clean, simple, and concise language,” electronically published in compliance with the Act, and include certain information required pursuant to the Act. TSPs must also notify the CRTC within 48 hours of publication and provide a link to the information.

TSPs must make a description of their feedback process, accessibility plans, and progress reports available in alternative formats (print, large print, braille, audio format, electronic format compatible with adaptive technology intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement), which must be provided:

• By the 45th day after the day on which the request is received for braille/audio requests;
• By the 15th day after the day on which the request is received for other requests for class T1 or T2 TSPs; and
• By the 20th day after the day on which the request is received for other requests for class T3 TSPs.

Contact Our Firm Today to Ensure Compliance with Canadian Accessibility Requirements

Although the initial publication of the feedback process description is the simplest step in the process, TSPs should act now to ensure they are compliant and begin the process of meeting their obligations pursuant to the Act and CRTC regulations. TSPs must also ensure they comply with all ongoing accessibility requirements, including, but not limited to:

• Providing Teletypewriter Relay (TTY Relay) Service and Internet Protocol Relay (IP Relay) Service 24 hours a day, seven days a week and
• Making certain information available within a reasonable time in braille, large print, computer diskette, or other format mutually agreed-upon with a subscriber.

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 telephone relay service (TRS), video relay service (VRS), or the Americans with Disabilities Act (ADA), please reach out to Michal Nowicki at 703-714-1311 or mjn@commlawgroup.com.