Compliance & Risk Mitigation
Understanding Your Obligations to Accessibility
T-Base stays abreast of legislation, guidelines and policies pertaining to effective accessible communications. With extensive experience working with legal and standards groups on a consultative basis, T-Base works with its clients to ensure they understand the issues with respect to independent, secure and private access to information for their blind and partially sighted customers.
Organizations need to ask themselves two very vital questions...
- Am I communicating accessibly in adherence with current legislation?
- Am I delivering information privately and securely?
Understanding your obligations for accessible communications mitigates risk. We have compiled a list of various pieces of legislation pertaining to accessibility for both Canada and the United States. For ease of reference, we have also provided a list of accessibility legislation that pertains specifically to your industry. Please refer to our Your Business section for product solutions that have been created for your industry to address accessibility compliance and to mitigate your risk.
Accessibility Legislation By Industry
In deriving benefit from T-Base's expertise, clients are best positioned to achieve accessibility compliance and successful resolution.
This section of the website is intended to provide general compliance information in regard to the subject(s) covered. It is provided with the intent and understanding that the T-Base is not engaged in the act of rendering legal advice. The information provided in this website is not intended nor should be used as a substitute for legal advice.
- Financial Institutions
- Telecommunication Service Providers
- Government Department and Agencies
- Educational Institutions
- Utility Companies
- State Legislation
- International Legislation
Financial Institutions
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United States: ADA Requirements and Web Accessibility Standards
Legislation
ADA requirements are outlined in Title III of the Americans with Disabilities Act, (ADA), which prohibits discrimination on the basis of disability in "places of public accommodation" (businesses and non-profit agencies that serve the public) and "commercial facilities" (other businesses).
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADA Amendments 2008 came into effect January 1, 2009, which emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
ADA requirements within Section 508 have the net effect of requiring that vendors seeking to do business with the U.S. Federal Government must also ensure their web sites and software tools meet accessibility requirements. While Section 508 compliance requirements stop short of placing an obligation on the operators of private sector web sites, it is the buying power of federal Government that makes many private companies decide to comply with the terms of 508 - because compliance may help them to win federal work.
Standards, Policies and Guidelines
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Financial Institutions in Canada
Legislation
Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms ensure equality of opportunity and freedom from discrimination in federal jurisdiction.
On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA 2005) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025.
Standards, Policies and Guidelines
The customer service standard applies to all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario, (third parties), and that have one or more employees in Ontario. All providers that are covered by the customer service standard must comply with certain requirements to improve accessibility with regards to customers service.
The Accessible Information and Communications Standard, which falls under the AODA, specifies requirements to prevent and remove barriers to persons with disabilities when creating, procuring, conveying, receiving, or distributing information and communications to and from persons with disabilities in the province of Ontario. This standard applies to public and private sector organizations, (including not-for-profits), that provide information and communications in the province of Ontario. For information and communications that are not provided through accessible web content on accessible websites, organizations will be required to deliver alternate formats and other related communication supports and services in a manner that takes into account the person's disability.
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Telecommunications
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United States: ADA Requirements and Web Accessibility Standards
Legislation
Section 255 of the Telecommunications Act of 1996 requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to persons with disabilities, if readily achievable. The Federal Communications Commission's Report and Order Implementing Section 255 was released in September 1999.
ADA requirements are outlined in The Americans with Disabilities Act, (ADA), which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services.
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADA Amendments 2008 came into effect January 1, 2009, which emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
Section 508 compliance requirements have the net effect of requiring that vendors seeking to do business with the U.S. Federal Government must also ensure their web sites and software tools meet 508 accessibility requirements. While Section 508 compliance stops short of placing an obligation on the operators of private sector web sites, it is the buying power of federal Government that makes many private companies decide to comply with the terms of 508 compliance requirements - because compliance may help them to win federal work.
Standards, Policies and Guidelines
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Telecommunication Service Providers in Canada
Legislation
Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms ensure equality of opportunity and freedom from discrimination in federal jurisdiction.
On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA 2005) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025.
Standards, Policies and Guidelines
The customer service standard applies to all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario, (third parties), and that have one or more employees in Ontario. All providers that are covered by the customer service standard must comply with certain requirements to improve accessibility with regards to customers service.
The Accessible Information and Communications Standard, which falls under the AODA, specifies requirements to prevent and remove barriers to persons with disabilities when creating, procuring, conveying, receiving, or distributing information and communications to and from persons with disabilities in the province of Ontario. This standard applies to public and private sector organizations, (including not-for-profits), that provide information and communications in the province of Ontario. For information and communications that are not provided through accessible web content on accessible websites, organizations will be required to deliver alternate formats and other related communication supports and services in a manner that takes into account the person's disability.
Broadcasting and Telecom Regulatory Policy, (CRTC 2009-430), has provisions and impending deadlines that affect our telecom customers. By July 21, 2010, Telecom Service Providers must promote information on all of their disability-specific services and products, in the accessible manner(s) of their choice; incorporate an easy-to-find home page link to the special needs/disability sections of their websites; and make their general call centres accessible by training CSR's in handling enquiries and familiarizing themselves with the service providers' products and services for persons with disabilities.
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Government
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United States: ADA Requirements, Section 508 Compliance and Web Accessibility
Legislation
ADA requirements are outlined in Title II of the Americans with Disabilities Act which apply to all activities of state and local governments, regardless of entity's size or receipt of federal funding. It requires that all state and local governments give people with disabilities an equal opportunity to benefit from all programs, services and activities, such as public education, employment, transportation, recreation, health care, social services, town meetings, etc. They are required to be able to communicate effectively with people who have hearing, vision or speech disabilities.
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADA Amendments 2008 came into effect January 1, 2009, which emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
Section 508 compliance requirements were enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 compliance requirements (29 U.S.C. ' 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others.
Standards, Policies and Guidelines
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Government Agencies and Departments in Canada
Legislation
Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms ensure equality of opportunity and freedom from discrimination in federal jurisdiction.
The Ontarians with Disabilities Act, 2001 requires that public sector organizations including Government ministries, municipalities, hospitals, public transportation organizations, school boards, colleges and universities are required to continue to prepare and make public annual accessibility plans.
On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA 2005) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025.
Standards, Policies and Guidelines
The customer service standard applies to all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario, (third parties), and that have one or more employees in Ontario. All providers that are covered by the customer service standard must comply with certain requirements to improve accessibility with regards to customers service.
The purpose of the Government of Canada Communications Policy is to ensure that communications across the Government of Canada are well co-ordinated, effectively managed and responsive to the diverse information needs of the public. The policy dictates that departments must employ a variety of ways and means to communicate, and provide information in multiple formats to accommodate diverse needs as well as recognizing the special needs of many Canadians, including literacy levels and perceptual or physical challenges, and designing and delivering communication tools to respond to those needs.
The Accessible Information and Communications Standard, which falls under the AODA, specifies requirements to prevent and remove barriers to persons with disabilities when creating, procuring, conveying, receiving, or distributing information and communications to and from persons with disabilities in the province of Ontario. This standard applies to public and private sector organizations, (including not-for-profits), that provide information and communications in the province of Ontario. For information and communications that are not provided through accessible web content on accessible websites, organizations will be required to deliver alternate formats and other related communication supports and services in a manner that takes into account the person's disability.
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
The New 2.0 Common Look and Feel Standards for the Internet were developed to reflect modern practices on the Web to help protect the unique identity and integrity of Government of Canada Web sites, changes in technology and issues raised by the Web community over the past six years as well as to improve navigation and format elements, (including Standard on the Accessibility, Interoperability and Usability of Web sites).
Education
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United States: Legislation & Web Accessibility Initiative
Legislation
The Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act, (ADA) , applies to people of all ages with learning disabilities offering protection against discrimination and gives them a right to different forms of assistance in the classroom and workplace.
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADA Amendments 2008 came into effect January 1, 2009, which emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA compliance requirements.
Section 508 compliance requirements were enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 compliance regulation (29 U.S.C. ' 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others.
Standards, Policies and Guidelines
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Educational Institutions in Canada
Legislation
Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms ensure equality of opportunity and freedom from discrimination in federal jurisdiction.
The Ontarians with Disabilities Act, 2001 requires that public sector organizations including Government ministries, municipalities, hospitals, public transportation organizations, school boards, colleges and universities are required to continue to prepare and make public annual accessibility plans.
On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA 2005) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025.
Standards, Policies and Guidelines
The customer service standard applies to all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario, (third parties), and that have one or more employees in Ontario. All providers that are covered by the customer service standard must comply with certain requirements to improve accessibility with regards to customers service.
The Accessible Information and Communications Standard, which falls under the AODA, specifies requirements to prevent and remove barriers to persons with disabilities when creating, procuring, conveying, receiving, or distributing information and communications to and from persons with disabilities in the province of Ontario. This standard applies to public and private sector organizations, (including not-for-profits), that provide information and communications in the province of Ontario. For information and communications that are not provided through accessible web content on accessible websites, organizations will be required to deliver alternate formats and other related communication supports and services in a manner that takes into account the person's disability.
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Utility Companies
Skip to Canada Back to Main Menu
United States: ADA Requirements, Section 508 Compliance Requirements and Web Accessibility
Legislation
ADA requirements are outlined in Title III of the Americans with Disabilities Act, (ADA), which prohibits discrimination on the basis of disability in "places of public accommodation" (businesses and non-profit agencies that serve the public) and "commercial facilities" (other businesses).
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The ADA Amendments 2008 came into effect January 1, 2009, which emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
Section 508 compliance requirements have the net effect of requiring that vendors seeking to do business with the U.S. Federal Government must also ensure their web sites and software tools meet accessibility requirements. While Section 508 compliance requirements stop short of placing an obligation on the operators of private sector web sites, it is the buying power of federal Government that makes many private companies decide to comply with the terms of section 508 accessibility standards - because compliance may help them to win federal work.
Standards, Policies and Guidelines
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
Utility Companies in Canada
Legislation
Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms ensure equality of opportunity and freedom from discrimination in federal jurisdiction.
On June 13, 2005, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA 2005) received Royal Assent and is now law. The purpose of the AODA 2005 is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025.
Standards, Policies and Guidelines
The customer service standard applies to all organizations, both public and private, that provide goods or services either directly to the public or to other organizations in Ontario, (third parties), and that have one or more employees in Ontario. All providers that are covered by the customer service standard must comply with certain requirements to improve accessibility with regards to customers service.
The Accessible Information and Communications Standard, which falls under the AODA, specifies requirements to prevent and remove barriers to persons with disabilities when creating, procuring, conveying, receiving, or distributing information and communications to and from persons with disabilities in the province of Ontario. This standard applies to public and private sector organizations, (including not-for-profits), that provide information and communications in the province of Ontario. For information and communications that are not provided through accessible web content on accessible websites, organizations will be required to deliver alternate formats and other related communication supports and services in a manner that takes into account the person's disability.
W3C, (World Wide Web Consortium), is the industry recognized standard for making web sites usable by people of all abilities and disabilities to ensure that all users can have equal access to information and functionality through the Web Accessibility Initiative (WAI). An accessible website is achieved when web pages and processes are validated for compliance against the W3C's Standards, (WCAG level AA).
State Legislation
California Disabled Persons Act & California Unruh Civil Rights Act
Arkansas Act 1227 of 1999
Texas House Bill 2819, 79th Regular Legislative Session
International Legislation
International Australia (Disability Discrimination Act 1992)
Germany (Act on Equal Opportunities for Disabled Persons of 27 April 2002)
Italy (Provisions to support the access to information technologies for the disabled)
Portugal (Resolution of the Council of Ministers Concerning the Accessibility of Public Administration Web Sites for Citizens with Special Needs)
Spain (LAW 34/2002, of 11 of July, services of the information society and electronic commerce)
United Kingdom - Disability Discrimination Act 1995
