AODA or ACA? Understanding Which Accessibility Rules Apply to Your Organization
Accessibility compliance is often discussed as though there is one set of rules for every Canadian employer.
There isn't.
For organizations operating in Ontario, the applicable accessibility framework depends on several factors, including your jurisdiction, sector and number of employees. That distinction matters because Ontario's Accessibility for Ontarians with Disabilities Act (AODA) and the federal Accessible Canada Act (ACA) establish different requirements, timelines and reporting obligations.
And with Ontario's next AODA reporting deadline approaching, now is a good time to make sure your organization knows where it fits.
If You're Provincially Regulated in Ontario: AODA
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) establishes accessibility standards that apply to organizations across Ontario.
Importantly, the AODA doesn't begin at 20 employees. Businesses and non-profits with at least one employee can have accessibility obligations, with requirements varying according to the size and type of organization.
The 20-employee threshold relates to compliance reporting. Ontario businesses and non-profits with 20 or more employees must file an Accessibility Compliance Report every three years. The next deadline is December 31, 2026.
Organizations with 50 or more employees in Ontario have additional requirements, including documented accessibility policies and a multi-year accessibility plan.
But filing a report or having a policy on file isn't the same thing as knowing your organization is compliant.
Depending on your organization's size and circumstances, accessibility requirements can affect areas including:
Customer service
Information and communications
Recruitment and employment practices
Accessibility training
Accessible formats and communication supports
The design of public spaces, where applicable.
The December 31 deadline, therefore, shouldn't be the first time an organization asks whether its accessibility practices are current.
If You're Federally Regulated: The Accessible Canada Act
Organizations under federal jurisdiction need to look at a different framework.
The Accessible Canada Act applies to federally regulated entities, including federal government organizations and federally regulated private-sector organizations in sectors such as banking, telecommunications, broadcasting and certain transportation services.
Under the federal accessibility planning and reporting framework, federally regulated private-sector organizations with 10 or more employees are generally subject to requirements under the ACA and Accessible Canada Regulations, subject to applicable exemptions.
The 100-employee threshold does not determine whether the federal planning and reporting requirements apply. Rather, it distinguishes between large federally regulated private-sector organizations with 100 or more employees and smaller organizations with 10 to 99 employees for certain requirements and timelines.
Organizations subject to the federal planning and reporting requirements must undertake activities that include:
Developing and publishing accessibility plans
Establishing and publishing a process for receiving accessibility feedback
Consulting persons with disabilities
Publishing progress reports
Updating accessibility plans on the prescribed cycle
Making required accessibility documents available in alternate formats upon request.
The federal framework is also an ongoing process, not a one-time filing.
Generally, organizations move through a cycle of:
Accessibility Plan → Progress Report → Progress Report → Updated Accessibility Plan
and then continue the reporting cycle.
AODA vs. ACA: What's the Difference?
At a high level:
| AODA | ACA / Accessible Canada Regulations |
Jurisdiction | Ontario | Federal |
Who may have obligations? | Ontario businesses and non-profits with 1+ employees, with requirements varying by size and type | Federally regulated entities, subject to applicable exemptions |
Key reporting threshold | Businesses/non-profits with 20+ employees file accessibility compliance reports | Federally regulated private-sector entities with 10+ employees generally have accessibility planning/reporting obligations |
Additional size threshold | 50+ employees in Ontario triggers additional requirements | 100+ employees distinguishes large from small federally regulated private-sector entities for certain requirements and timelines |
Current Ontario reporting deadline | December 31, 2026 for businesses/non-profits with 20+ employees | Reporting dates depend on entity type, size and applicable reporting cycle |
The important point isn't simply knowing the acronyms.
It's knowing which obligations apply to your organization and whether your current practices actually meet them.
Accessibility Is More Than a Policy
One of the risks with compliance exercises is treating accessibility as a document rather than an organizational practice.
Having an accessibility policy doesn't necessarily tell you whether accessibility has been incorporated into recruitment.
Completing training doesn't necessarily tell you whether managers understand their responsibilities.
Publishing an accessibility plan doesn't necessarily mean identified barriers are being addressed.
A meaningful review should look across the organization.
Policies and procedures: Are they current and consistent with the requirements that apply?
Training: Has required training occurred, and can the organization demonstrate it?
Recruitment and employment: Are accessibility and accommodation incorporated throughout the employee lifecycle?
Information and communications: Can employees, applicants, customers and other stakeholders access information appropriately?
Feedback and complaints: Are there appropriate mechanisms for receiving and responding to accessibility concerns?
Documentation and reporting: Can the organization support what it is reporting to the regulator?
And accessibility legislation is not the only consideration. Employers must also consider their accommodation obligations under applicable human rights legislation.
As a reporting deadline approaches, it's easy to focus on the form:
“Have we filed the report?”
But there's a better question:
“If we had to demonstrate our accessibility compliance today, would we know where we stand?”
If the answer is unclear, that's the gap to address.
Not Sure Where Your Organization Stands?
Orion HR's Accessibility Gap Review can help determine the accessibility requirements that apply to your organization, assess existing policies, training, employment practices, communications and documentation, identify gaps, and establish practical priorities for remediation.
Don't wait for a reporting deadline to discover a compliance gap.
Contact the Orion HR team to discuss how we can help.
Resources
