The Accessible Canada Act S.C. 2019, c.10 (the Act) is federal legislation that applies to all federally regulated employers and seeks to identify, remove, and prevent barriers facing people with disabilities. The goal of the Act is to remove barriers for people with disabilities by 2040.
In accordance with the Act and its regulations, federally regulated employers with 10 to 99 employees are required to publish their first Accessibility Plans by June 1, 2024. Federally regulated employers include employers in the following industries and workplaces:
- Air transportation, including airlines, airports, aerodromes and aircraft operations;
- Banks, including authorized foreign banks;
- Grain elevators, feed and seed mills, feed warehouses and grain-seed cleaning plants;
- First Nations band councils and Indigenous self-governments (certain activities);
- Most federal Crown corporations, for example, Canada Post Corporation;
- Port services, marine shipping, ferries, tunnels, canals, bridges and pipelines (oil and gas) that cross international or provincial borders;
- Postal and courier services;
- Radio and television broadcasting;
- Railways that cross provincial or international borders and some short-line railways;
- Road transportation services, including trucks and buses, that cross provincial or international borders;
- Telecommunications, such as, telephone, Internet, telegraph and cable systems; and
- Uranium mining and processing and atomic energy.
Requirement to Consult and Publish an Accessibility Plan
The Act requires federally regulated employers to consult with “people with disabilities” with the view to identifying, removing, and preventing barriers in the following areas:
- Employment;
- The built environment;
- Information and communication technologies;
- Communication, other than information and communication technologies;
- The procurement of goods, services, and facilities;
- The design and delivery of programs and services; and
- Transportation.
Federally regulated employers with 10 to 99 employees who have not yet started to prepare their accessibility plans should do so with the goal of publishing their plan by the June 1, 2024 deadline.
Below we set out recommended steps to prepare an accessibility plan. Please note that the steps provide high-level and general guidance only and does not include specific requirements that apply to federally regulated employers in the broadcasting, telecommunications, or transportation industries.
Recommended Process to Prepare Accessibility Plan
- Step 1: Designate an individual in the organization to be responsible for the development of the accessibility plan and for receiving required feedback on behalf of the employer. This information will need to be included in the accessibility plan.
- Step 2: Plan the consultation process, with consideration given to the following:
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- Identity individuals to be consulted. The employer will have to consult with anyone who engages with or are affected by the employer’s policies, programs, practices, and services. This can include employees, customers and the public;
- Consider the form of the consultation. The consultation can be in the form of online surveys, in person meetings, or both;
- Consider what questions you will ask participants; and
- Consider whether external assistance or accommodations are needed.
- Step 3: Conduct the consultations.
- Step 4: Prepare the accessibility plan. The accessibility plan must include the following information at a minimum (this information is legally required):
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- A “general heading” that includes the position title and contact information of the person designated to receive feedback on behalf of the employer (see Step 1 above).
- A description of the employer’s policies, programs, practices, and services in relation to the identification, removal, and prevention of barriers in the areas listed above.
- A description of the process through which feedback was received from persons with disabilities.
- Step 5: Post the Accessibility Plan on the employer’s website.
- Step 6: Notify the Accessibility Commissioner within 48 hours of publishing the Accessibility Plan.
Conclusion
The June 1 deadline is fast approaching and any federally regulated employers with 10 to 99 employees should start the planning process to ensure that they can publish their Accessibility Plans by the June 1, 2024, deadline. If you would like assistance in this process, or have any questions regarding the above, please contact any member of the Employment & Labour Group at Cassels.