Are you in compliance with The Accessible Information and Communication Standard Regulation?

Private sector organizations, non-profit organizations and small businesses are required to comply with The Accessible Information and Communication Standard Regulation by May 1, 2025.

The aim of the standard is to remove and prevent barriers that exist digitally, in print or through interaction with technology or people.

Background

Manitoba’s Accessible Information and Communication Standard, enacted on May 1, 2022, is the third standard under The Accessibility for Manitobans Act.

The Accessibility Standard for Information and Communication:

• Builds on existing requirements of Manitoba’s Human Rights Code;
• Helps organizations identify, reduce and remove barriers for website users and members of the public trying to access information or contact them;
• Adopts globally recognized web content accessibility guidelines as a minimum requirement; and 
• Applies to all organizations in Manitoba with one or more employees.

Private sector organizations include Manitoba businesses and organizations with one or more employees, including but not limited to shops, restaurants and professional services. Non-profit organizations include charities, places of worship, community organizations and membership associations.

Examples of accessible formats include, but are not limited to, large print, recorded audio, electronic formats and braille. Communication supports include, but are not limited to, captioning, plain language, sign language and alternative and augmentative communication supports.

Individuals who have low or no vision, who are deaf or hard of hearing, and who have learning, cognitive or dexterity disabilities all benefit from accessible information and communication.

Requirement Checklist*

Your organization is required to create and act on policies, practices and measures listed in the areas described below:

• You inform the public and our employees that information is available in accessible formats and through communication supports on request.
• You consult with the person requesting accessible information to identify the support or format that would remove the barrier.
• You provide information requested in alternate formats or through communication supports in a timely manner and do not impose a cost or fee that would not be imposed on a person who did not make a request.
• You ensure web content that is required to access your goods and services, and all newly published web content, meets or exceeds WCAG 2.1 Level AA guidelines.
• You ensure that new and updated web applications meet or exceed WCAG 2.1 Level AA guidelines. 
• You welcome and respond promptly to feedback you receive on the accessibility of your information and communication. You document the actions you take to respond to the feedback you receive, and you make that information available on request.
• You provide the required training on accessible information and communication to employees, agents, volunteers and any person who develops or maintains your web content, purchases or procures information technology or communication tools, develops or implements your accessible information and communication policies and practices, or provides information to the public or to other organizations in Manitoba.
• If your business or organization has 50 or more employees: You keep a written record of accessibility and training policies, including a summary of your training materials and when your training is offered. You let the public know that your accessibility and training policies are available on request.

*Source: Manitoba Accessibility Office. This information complements the application of the regulations under The Accessibility for Manitobans Act (AMA). It is a resource and should not be construed as legal advice. You should consult the regulations or legal counsel for further information and details about your requirements. 

Exceptions

Your organization is not required to provide the information through a communication support or accessible format if one or more of the following applies:

• It is not technically feasible to provide the information through a communication support or accessible format;
• The technology required to provide the information through a communication support or accessible format is not readily available;
• Providing the information through a communication support or accessible format would result in undue hardship to the organization;
• The organization does not have direct control over the information;
• The information relates to product labels or other product information.

Web Content

An organization's web content must meet or exceed the standards set out in WCAG 2.1 Level AA if one or more of the following applies:

• The web content is published on or after the day this regulation applies to the organization;
• The web content is required to access the organization's goods and services.

There are some exceptions. An organization's web content is not required to meet or exceed the standards set out in WCAG 2.1 Level AA if one or more of the following applies:

• It is not technically feasible to publish the web content in accordance with WCAG 2.1 Level AA;
• The technology required to publish the web content in accordance with WCAG 2.1 Level AA is not readily available;
• Publishing the web content in accordance with WCAG 2.1 Level AA would result in undue hardship to the organization;
• The organization does not have direct control over the web content;
• The web content relates to product labels or other product information.

We recommend you seek legal counsel or consult the Manitoba Accessibility Office to determine if any of the exceptions apply to your organization. 

Fillmore Riley LLP’s Employment & Labour Law Practice

The information provided in this article is general in nature and should not be construed as legal advice. Because every organization is unique, we carefully assess legal risks and obligations and arrive at the best course of action to help you achieve compliance. For more information, or if you have any questions about compliance, please contact a member of the Fillmore Riley Employment & Labour practice.