Federal vs. Provincial Accessibility Laws

One of the most common sources of confusion about accessibility law in Canada is jurisdiction: which law applies to your organization? The answer depends on whether your organization is federally or provincially regulated — a distinction rooted in the constitutional division of powers under the Constitution Act, 1867.

Which law applies to you?

Leadership

Use this table to identify your primary legal obligation:

Organization typeJurisdictionPrimary law
Federal government departments and agenciesFederalAccessible Canada Act + CHRA
Crown corporations (federal)FederalAccessible Canada Act + CHRA
Banks (Bank Act chartered)FederalAccessible Canada Act + CHRA
Telecommunications (licensed carriers)FederalAccessible Canada Act + CRTC requirements
Broadcasting (licensed)FederalAccessible Canada Act + CRTC requirements
Airlines (federally licensed)FederalAccessible Canada Act + Canadian Transportation Agency
Interprovincial railways, ferries, busesFederalAccessible Canada Act + CTA
Canada PostFederalAccessible Canada Act + CHRA
Provincial government (Ontario)ProvincialAODA + Ontario Human Rights Code
Municipalities (Ontario)ProvincialAODA + Ontario Human Rights Code
Universities and colleges (Ontario)ProvincialAODA + Ontario Human Rights Code
Hospitals (Ontario)ProvincialAODA + Ontario Human Rights Code
Private businesses (Ontario, 1+ employee)ProvincialAODA + Ontario Human Rights Code
Provincial government (British Columbia)ProvincialAccessible BC Act + BC Human Rights Code
Provincial government (Nova Scotia)ProvincialAccessibility Act (NS) + NS Human Rights Act
Provincial government (Manitoba)ProvincialAccessibility for Manitobans Act + MB Human Rights Code
Provincial government (other provinces)ProvincialProvincial human rights code
Non-profit organizations (Ontario)ProvincialAODA + Ontario Human Rights Code
Credit unions and caisses populairesProvincialProvincial law (not Bank Act)

The federal framework

The Accessible Canada Act (2019) creates a proactive framework for federally regulated organizations. Key features:

  • Organizations must publish accessibility plans and annual progress reports
  • A feedback process for reporting barriers is mandatory
  • Technical standards for ICT are based on EN 301 549 (which incorporates WCAG 2.1 AA)
  • Enforced by the Accessibility Commissioner (within the CHRC), the Canadian Transportation Agency, and the CRTC
  • Penalties up to $250,000 per violation

The Canadian Human Rights Act (1977) provides a parallel complaint mechanism for federally regulated organizations. It applies even without an ACA complaint — an inaccessible website can constitute disability discrimination under the CHRA.

Provincial and territorial laws

Ontario — AODA (most comprehensive)

The Accessibility for Ontarians with Disabilities Act (AODA, 2005) is Canada’s most detailed provincial accessibility law. It applies to all Ontario organizations with at least one employee and requires WCAG 2.0 Level AA compliance for all public-facing web content. See the AODA page for full details.

British Columbia — Accessible BC Act (2021)

The Accessible British Columbia Act (2021) requires BC public sector bodies (provincial government, Crown corps, municipalities, universities, health authorities) to establish accessibility committees and plans. As of 2025, the Act does not yet set specific technical standards for web content comparable to the AODA, but standards are under development.

Nova Scotia — Accessibility Act (2017)

Nova Scotia’s Accessibility Act creates a framework for developing accessibility standards across key sectors. Standards for accessible information and communication are under development. The Act currently applies primarily to the provincial government and public sector.

Manitoba — Accessibility for Manitobans Act (2013)

Manitoba’s AMA applies to organizations in the public, private, and non-profit sectors. The Information and Communication Accessibility Standard under the AMA requires WCAG 2.0 Level AA for public-facing websites by applicable organizations. Similar to the AODA in structure.

Prince Edward Island — Accessibility Act (2022)

PEI’s Accessibility Act (2022) creates a framework for developing standards. Standards development is ongoing as of 2025.

New Brunswick — Accessibility Act (2023)

New Brunswick’s Accessibility Act was enacted in 2023 and establishes a framework for developing standards. Implementation timelines and specific web standards are being developed.

Quebec

Quebec does not have a standalone accessibility act comparable to the AODA, but the Act to secure handicapped persons the exercise of their rights with a view to achieving social, school and workplace integration (Act S-32.1) requires public bodies to adopt annual accessibility action plans. The Quebec Charter of Human Rights and Freedoms prohibits discrimination on the basis of disability and applies to both public and private sector organizations. WCAG compliance is expected but not mandated by the same specific statutory mechanism as the AODA.

Alberta, Saskatchewan

As of 2025, Alberta and Saskatchewan do not have dedicated provincial accessibility legislation. Organizations in these provinces are subject to their provincial human rights codes (Alberta Human Rights Act, Saskatchewan Human Rights Code), which prohibit discrimination on the basis of disability. WCAG compliance is a practical and reputational requirement, and the absence of a specific accessibility statute does not eliminate the duty to accommodate.

Territories (Yukon, Northwest Territories, Nunavut)

The three territories do not have dedicated accessibility legislation. Territorial government organizations operate under territorial human rights legislation and, for activities falling under federal jurisdiction, may be subject to the ACA.

How the laws interact

For many organizations, multiple laws apply simultaneously:

Example: A national bank

  • A federally chartered bank operating across Canada is subject to the Accessible Canada Act and the Canadian Human Rights Act for all its digital services — even those accessed by customers in Ontario.
  • The AODA does not apply to banks, because banking is federally regulated.

Example: A national retailer with stores in Ontario

  • The retailer is provincially regulated (retail is not a federally regulated industry).
  • In Ontario, the AODA applies to the retailer’s website and digital services.
  • Provincial human rights codes apply in other provinces where the retailer operates.

Example: A university in British Columbia

  • BC universities are provincially regulated.
  • The Accessible BC Act applies.
  • The AODA does not apply, because the university is not in Ontario.
  • The CHRA does not apply, because universities are not federally regulated.

Practical guidance: Determining your obligations

Leadership
  1. Identify your sector — Is your industry listed in the Constitution Act as a federal power? (Banking, interprovincial transport, telecom, aeronautics, broadcasting are key ones.)
  2. Check if you are licensed by a federal regulator — CRTC, Transport Canada, or the Office of the Superintendent of Financial Institutions (OSFI).
  3. Identify your provinces of operation — For each province, check whether a dedicated accessibility act applies.
  4. Consult legal counsel for complex multi-jurisdictional situations or if you face a complaint.
  5. Target WCAG 2.1 Level AA as your minimum standard — this satisfies both the ACA framework and the AODA.

Frequently asked questions

Does the AODA apply to federal government websites?

No. Federal government websites are covered by the Accessible Canada Act and the Government of Canada’s Standard on Web Accessibility (which requires WCAG 2.0 Level AA, being updated to 2.1). The AODA is an Ontario provincial law and does not bind the federal government.

My organization is federally regulated but operates in Ontario. Do we have to follow both laws?

Federal jurisdiction takes precedence for your regulated activities. A federally chartered bank does not need to comply with the AODA — the ACA is your framework. However, for any business activities that are not part of your federally regulated core (e.g., a retail arm), provincial law may apply. Legal advice is recommended.

We're a non-profit with charitable status. Do accessibility laws apply?

Yes. The AODA applies to non-profits with at least one paid employee. Charitable registration status does not exempt an organization from accessibility obligations. However, specific obligations (reporting requirements, timelines) vary by organization size.

My province doesn't have an accessibility law. Am I legally required to make my website accessible?

You are not subject to specific technical compliance timelines, but the duty to accommodate under your provincial human rights code still applies. If a customer or member of the public with a disability cannot access your services because of an inaccessible website, you may face a human rights complaint. Additionally, meeting WCAG 2.1 Level AA is widely regarded as a professional and ethical baseline.