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Business Law and the Accessible Canada Act: Navigating Legal Obligations for Inclusivity*

Desautels Blog Blog

In today’s increasingly diverse society, businesses are recognizing the importance of inclusivity and accessibility—not only from a moral and ethical standpoint but also as a legal obligation. One key piece of legislation driving this change in Canada is the Accessible Canada Act (ACA). The ACA aims to create a barrier-free Canada for people with disabilities by identifying and removing obstacles in various areas of society, including the business world. For business owners and managers, understanding the intersection of business law and the ACA is crucial for maintaining legal compliance and fostering an inclusive environment for employees, customers, and stakeholders alike.

Understanding the Accessible Canada Act

Enacted in 2019, the Accessible Canada Act is a landmark federal law designed to improve accessibility for people with disabilities across Canada. The Act applies to federally regulated sectors, including the public sector, transportation, communications, banking, and other private-sector organizations that fall under federal jurisdiction. Its main goal is to identify, remove, and prevent barriers to accessibility in five main areas:

  1. Employment – Ensuring that workplaces are accessible and that employees with disabilities have equal opportunities.
  2. Built environment – Addressing the physical environment in workplaces, public spaces, and transportation facilities.
  3. Information and communications – Making digital and printed materials accessible, including websites and media.
  4. Transportation – Ensuring that transportation systems are accessible to all individuals, including those with mobility or sensory disabilities.
  5. Procurement – Ensuring accessibility is considered when acquiring goods, services, or facilities.

The ACA gives the Canadian government a leadership role in establishing accessibility standards, while also requiring businesses to comply with regulations aimed at achieving these goals. Importantly, the Act requires businesses to create accessibility plans, report on their progress, and take proactive measures to identify barriers in their services, policies, and environments.

The Role of Business Law in Promoting Accessibility

Business law, which governs the legal aspects of how businesses operate, plays a critical role in shaping the responsibilities that businesses have under the Accessible Canada Act. The ACA aligns with broader legal principles that emphasize fairness, non-discrimination, and the duty to accommodate individuals, particularly those with disabilities. However, business owners and managers must understand how to navigate the legal framework in the context of both corporate governance and human rights.

Here are some of the key legal areas that intersect with the ACA:

  1. Human Rights Law: In Canada, the Canadian Human Rights Act (CHRA) is an essential part of the legal framework for addressing discrimination against people with disabilities. The ACA complements the CHRA by providing a proactive approach to prevent discrimination before it occurs. Business owners must understand how to apply both laws, ensuring that their business practices, policies, and services do not inadvertently discriminate against individuals with disabilities.
  2. Employment Law: Under the ACA, employers are required to ensure that their workplaces are accessible, which includes making reasonable accommodations for employees with disabilities. This may involve modifying workspaces, offering assistive technologies, or adjusting work schedules. The Employment Equity Act and provincial/territorial human rights codes also require businesses to take steps toward equal employment opportunities for individuals with disabilities, further reinforcing the obligations businesses have to create accessible environments.
  3. Consumer Protection: The ACA mandates that businesses provide accessible services to customers with disabilities. This may involve creating websites that are usable by people with visual impairments, offering alternative formats for printed materials, or making physical spaces accessible to those with mobility challenges. Failure to comply with these standards may not only harm a business’s reputation but also result in legal consequences under both human rights laws and consumer protection regulations.
  4. Contract Law and Procurement: The ACA requires federally regulated businesses to ensure that accessibility is considered when entering into contracts for goods and services. This includes taking accessibility needs into account in the procurement of goods or services for public-facing or employee-related activities. For example, businesses must ensure that suppliers of digital platforms, furniture, or other office equipment comply with accessibility standards.

Steps Businesses Can Take to Comply with the Accessible Canada Act

  1. Develop an Accessibility Plan: Under the ACA, businesses are required to develop an accessibility plan that outlines how they will identify, remove, and prevent barriers for people with disabilities. This plan must be updated every three years, and businesses are expected to consult with individuals with disabilities during the process to ensure that their needs are considered.
  2. Train Employees: All employees, particularly those in customer-facing roles, should receive training on accessibility practices and how to interact with individuals with disabilities. This can help build a culture of inclusion and ensure that accessibility considerations are embedded in everyday business practices.
  3. Review Physical Spaces: Businesses should assess their physical locations for accessibility, ensuring that entranceways, restrooms, and workspaces are fully accessible to individuals with mobility challenges. Simple adjustments, such as providing ramps, elevators, or accessible signage, can make a significant difference.
  4. Enhance Digital Accessibility: With a growing reliance on digital services, businesses should ensure that their websites, mobile apps, and other online platforms comply with accessibility standards. This may include implementing features like screen reader compatibility, easy navigation, and accessible multimedia content.
  5. Monitor Progress and Report: The ACA requires businesses to monitor their progress in meeting accessibility goals and report this progress publicly. Transparency not only helps to demonstrate compliance with the law but also helps build trust with customers and employees.

The Business Case for Accessibility

While compliance with the ACA is a legal requirement, accessibility can also be a powerful business strategy. Accessible businesses attract a wider pool of customers, including the millions of Canadians who live with disabilities. Moreover, fostering an inclusive workplace can enhance employee satisfaction, reduce turnover, and improve productivity. Companies that prioritize accessibility are also seen as forward-thinking, enhancing their corporate reputation and brand loyalty.

In conclusion, understanding the intersection of business law and the Accessible Canada Act is vital for businesses that want to thrive in an inclusive, legal, and socially responsible manner. By taking proactive steps to ensure accessibility in all aspects of their operations, businesses can contribute to a more inclusive society while minimizing legal risks and maximizing the potential for growth and innovation.

* With research assistance from Kelci Miller

The views and opinions expressed in the blogs and case reporter are the views of their authors, and do not represent the views of the Desautels Centre for Private Enterprise and the Law, the Faculty of Law, or the University of Manitoba. Academic Members of the University of Manitoba are entitled to academic freedom in the context of a respectful working and learning environment.