What the Accessible Canada Act Means for Telecom Providers

This article was written in collaboration with Access Partnership, an organization committed to informing you about crucial regulatory requirements impacting your business. We summarize the main implications and demands regarding telecom providers' obligations under the Accessible Canada Act (ACA) and its impacts on VoIP Resellers.   

As you will see in the next few paragraphs, many deadlines have already passed. However, you can (and should) still develop and submit your plan to align with the ACA and ensure your reseller telecom business is accessible to all.

What is the Accessible Canada Act (ACA)? 

Enacted in 2019, the ACA aims to create a barrier-free Canada by promoting the full participation of people with disabilities in society. This post outlines the key requirements Telecommunication Service Providers (TSPs) must adhere to - here's what we'll cover: 

1. Accessibility Plans 

2. Feedback  

3. Progress Reporting    

4. Recommendations 

5. Conclusion  

Please note that this post is intended to provide helpful insights and guidance but should not be considered legal advice. For specific legal concerns, we recommend consulting with a professional advisor. 

Telecommunications Service Providers and the Accessible Canada Act 

Telecommunications Service Providers (TSPs) in Canada must adhere to various accessibility standards and regulations to ensure their services are accessible to people with disabilities. Based on the list of attestations under Accessibility Reporting Regulations available on CRTC's website, specific requirements shall be implemented.  

Accessibility Plans  

The ACA was passed in 2019, and it applies to organizations under federal jurisdiction, including the federal government, federally regulated businesses, and organizations in the banking, transportation, and telecommunication sectors. The Accessible Canada Act defines different categories of entities. TSPs with 100 or more employees fall under the T2 category, while TSPs with 10 or more employees but fewer than 100 employees fall under the T3 category.  

Accessibility plans must contain the following: 

• Policy Statement: Outline the TSP's commitment to accessibility. 

• Accessibility Goals and Objectives: Define what the organization aims to achieve. 

• Action Plans: Detail specific strategies, timelines, responsibilities, and resource allocation. 

• Training Initiatives: Ensure staff are trained on disability awareness and how to interact with and effectively receive feedback from customers with disabilities. 

• Collaboration Information: Include information on consultations with disability organizations and customers with disabilities. 

• Monitoring and Evaluation Details: Describing the mechanisms for assessing the implementation of the accessibility plans. 

• Annual Reporting Measures: Outline how the organization will report on accessibility measures, progress, challenges, and improvement plans. 

Canadian TSPs, such as VoIP.ms and Bell Canada, and foreign TSPs operating in Canada, such as Zendesk, have published very detailed accessibility plans that are available online in different formats, including large print and audio.  

The complete list of Telecommunication Service Providers that have published Accessibility Plans is available on CRTC's website. 

Accessibility plans must be drafted in clear, simple, and concise language:  

1. on the main digital platform that the entity owns, operates, or controls and that it uses to communicate information to the public; 

2. in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage and 

3. in a format that meets the WCAG's requirements for Level AA conformance. 

A person may request that a TSP make its accessibility plan available to them in print, large print, braille, audio format, or an electronic format compatible with adaptive technology intended to assist persons with disabilities or any other format that the person and the entity agree upon and for which there is proof of the agreement. 

Following such requests, TSPs must make the requested format available to the person as soon as feasible after the request is received, but at the latest, in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received. 

TSPs must prepare and publish an updated version of their accessibility plan no later than the third anniversary of the day on which the plan was last published. 

In addition, TSPs must notify CRTC of the publication of every version of their accessibility plan. Notification must be done electronically within 48 hours of publication, and a hyperlink to the plan's URL must be included in the notice. 

TSPs must consult persons with disabilities in preparing their accessibility plans and every updated version. Considering the current year, under the T3 category, the TSP's initial accessibility plan should have been published by 1 June 2024. 

Feedback  

TSPs must implement measures to receive feedback from end-users on their accessibility plan. They must allow the receipt of feedback provided by using a dedicated telephone number, by email, by completing an online form, or by any other means designated by the TSPs.  

TSPs must allow feedback to be provided anonymously. The personal information of a person who provides feedback remains confidential unless they consent to disclosing it. 

TSPs must acknowledge receipt of feedback other than anonymous feedback. TSPs must designate and publicly identify a person responsible for receiving input on behalf of the entity. 

TSPs must publish a description of their processes for receiving feedback in clear, simple, and concise language:  

1. on the main digital platform that the entity owns, operates, or controls and that it uses to communicate information to the public;  

2. in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage;  

3. and in a format that meets the requirements of Level AA conformance set out in the WCAG. If TSPs update their feedback process, they must publish an updated description as soon as feasible.  

TSPs make the description of their feedback process available to users in alternative formats, such as print, large print, braille, audio format, or electronic format compatible with adaptive technology intended to assist persons with disabilities or any other format that the person and the entity agree upon and for which there is proof of the agreement.  

Following such requests, TSPs must make the requested format available to the person as soon as feasible after the request is received, but at the latest, in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received.  

TSPs must notify CRTC by electronic means within 48 hours of the publication of the description of their feedback process or of the publication of an updated description of their feedback process, and the notice must include a hyperlink to the URL of the description or updated description.  

The complete list of service providers with accessibility feedback processes is available on CRTC's website. Under the T3 category, the deadline for publishing the initial feedback processing plan was 1 June 2023.  

Progress Reporting  

TSPs must publish their most recent progress report in clear, simple, and concise language:  

1. on the main digital platform that the entity owns, operates, or controls and that it uses to communicate information to the public;  

2. in a conspicuous manner that makes the progress report accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage;  

3. and in a format that meets the requirements of Level AA conformance as set out in the WCAG. 

TSPs must make their progress reports available to users in alternative formats, such as print, large print, braille, audio format, or electronic format compatible with adaptive technology intended to assist persons with disabilities or any other format that the person and the entity agree upon and for which there is proof of the agreement. 

Following such requests, TSPs must make the progress reports available to the person in the requested format as soon as feasible after the request is received, but at the latest, in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received.  

TSPs must ensure that progress reports are provided by using a dedicated telephone number, email, completing an online form, or any other means designated by the TSPs.  

TSPs must notify CRTC of the publication of their progress report within 48 hours of publication and include a hyperlink to the report's URL in the notice. Telecommunication Service Providers must publish progress reports by 1 June each year.   

Therefore, a TSP's first progress report must be published by 1 June 2025 and the second by 1 June 2026. Subsequent accessibility plans and progress reports must then repeat the cycle.  

Other key regulations imposing requirements on TSPs to ensure that their services are accessible to all Canadians, regardless of their disabilities, include the following: 

• Telecommunications Act:The Telecommunications Act mandates that telecommunication services be made accessible to people with disabilities to the greatest extent possible.  

• CRTC Telecom Regulatory Policy CRTC 2009-430: CRTC Telecom Regulatory Policy CRTC 2009-430 requires TSPs to provide relay services for people with hearing or speech disabilities.  

• CRTC Telecom Regulatory Policy CRTC 2015-177: CRTC Telecom Regulatory Policy CRTC 2015-177 mandates TSPs to provide 9-1-1 services to Canadians who are deaf, hard of hearing, or speech-impaired through text messaging. 

• Canadian Human Rights Act: The Canadian Human Rights Act prevents discrimination and promotes equal opportunities in areas under federal jurisdiction. Under the Canadian Human Rights Act, TSPs are required to provide services in a way that does not discriminate against people with disabilities.  

• Web Content Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAGs) are a set of internationally recognized standards for making web content accessible to people with disabilities. They were developed by the World Wide Web Consortium (W3C), the leading international standards organization for the World Wide Web.  

The main principles of the WCAG are as follows:  

• Providing Content That Can Be Perceived.  

• Making UI Components and Navigation Accessible.  

• Making Content Understandable and Predictable.  

• Maximize Compatibility with Current and Future Technologies. 

While not legally binding, the WCAGs are widely adopted by organizations globally to ensure web accessibility. Canadian TSPs must follow these guidelines to ensure that their online services and content are accessible to people with disabilities.  

• Accessibility for Ontarians with Disabilities Act: The Accessibility for Ontarians with Disabilities Act (AODA) is a provincial law enacted in 2005 to make Ontario more accessible for people with disabilities. Although this is specific to Ontario, the AODA mandates certain accessibility standards that TSPs operating in Ontario must adhere to, covering various aspects, including customer service, information, and communication.  

TSPs must ensure their websites are navigable using a keyboard and compatible with assistive technologies like screen readers. TSPs must offer alternatives for non-text content, such as video captions and descriptive alt text for images. 

Recommendations 

For the T3 category, the following deadlines were set: 

Additionally, under the abovementioned regulations, the following actions shall be taken into account: 

• Ensure TSP's services include adjustable font sizes, compatibility with assistive technologies, and easy-to-use interfaces. 

• Ensure TSP publishes an accessibility plan, information on the feedback process, and progress reports. 

• Ensure TSP provides accessibility plans, information on the feedback process, and progress reports in alternative communication formats, such as braille, large print, or electronic, upon request.  

• Ensure TSP informs CRTC of any changes to its accessibility plan, feedback process, and progress report on time.  

• Ensure TSP's staff are trained to serve customers with disabilities effectively.  

• Ensure TSP's customer service is accessible to people with disabilities. 

Conclusion: Ready to make a difference as a Telecom Provider?  

If you've reached this section and still have questions about why you, a VoIP reseller or telecom entrepreneur, should abide by the ACA, we summarized the key aspects below:  

The Accessible Canada Act (ACA) brings important changes for Telecom Service Providers (TSPs) by requiring them to take significant steps to be more inclusive.  

The law aims to make services accessible to everyone, including people with disabilities. TSPs must create and update accessibility plans, gather feedback, and report their progress regularly. 

Here are the primary obligations for TSPs under the ACA: 

• Accessibility Plans: These plans outline how TSPs will make their services accessible. They need to be clear, detailed, and updated regularly with input from disability organizations. 

• Feedback Mechanisms: TSPs must provide users with ways to give feedback on their accessibility efforts. These systems must be easy to use, keep user information confidential, and respond to feedback effectively. 

• Progress Reports: TSPs need to publish annual reports on their accessibility progress, ensuring these reports are easy to find and understand. 

In addition to the ACA, TSPs must follow other important regulations, such as the Telecommunications Act, CRTC policies, the Canadian Human Rights Act, and the Web Content Accessibility Guidelines (WCAG). These rules help ensure that Canada's telecom services are fair and accessible for everyone. 

By following these regulations, TSPs show their dedication to inclusivity and accessibility, helping to create a telecom industry that serves all Canadians equally. 

If you have further questions, please get in touch with Access Partnership:   

Chrystel Erotokritou 
[email protected] 
Access Partnership