All non-exempt telecommunications service providers (TSPs) and broadcasters registered with the Canadian Radio-Television and Telecommunications Commission (CRTC) must comply with the CRTC’s June 1, 2024 reporting deadline pursuant to the Accessible Canada Act (ACA). Failure to comply with accessibility-related obligations, including compliance with CRTC regulations pursuant to the ACA and Canada’s Telecommunications Act, may subject TSPs to administrative monetary penalties (AMPs), which can apply to both TSPs and individuals. While this advisory focuses on the requirements applicable to TSPs only, questions about the obligations of broadcasters are equally welcome.

For your convenience, the 2024 ACA reporting requirements are briefly summarized below. For more detailed guidance on these requirements, please refer to our May 2, 2022 ACA Advisory.

2024 Reporting Requirements

Your company’s ACA reporting requirements this year depend on where your company falls in the three-year ACA reporting cycle, as follows:

• If your company was required to publish a description of its accessibility feedback process by June 1, 2023, its initial accessibility plan is due June 1, 2024.
• If your company was required to publish its initial accessibility plan by June 1, 2023, its first accessibility progress report is due June 1, 2024.
• If your company entered the Canadian market as a TSP in 2023, its first ACA reporting deadline is June 1, 2024.

The CRTC must be notified of the publication of each version of a TSP’s feedback process, accessibility plan, and progress report within 48 hours of online publication or by June 1, whichever is earlier.

TSPs should act now to ensure they remain compliant. The preparation of accessibility plans and progress reports, in particular, is time-consuming because it requires an in-depth review of nearly all aspects of the accessibility of the TSP’s operations to people with disabilities.

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;
• Maintaining websites that are compatible with popular assistive technologies used by people with disabilities to the point of providing a reasonable accommodation; and
• Making certain information available within a reasonable time in Braille, large print, audio, or other formats mutually agreed-upon with a subscriber.

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 Century 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 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 your compliance documentation, or need to ensure you are meeting your accessibility obligations in Canada or the U.S., please contact Michal J. Nowicki at (703) 714-1311 or mjn@commlawgroup.com.