ACA Notification requirements for organizations that are subject to two regulations

Publication Type
Bulletins

HR4-95/2023E-PDF
978-0-660-48771-7

Can a regulated entity subject to two regulations create and publish one accessibility plan that addresses all of their requirements under the Accessible Canada Act (ACA)?

Short answer

Yes, organizations that are subject to more than one ACA regulation can choose to publish one accessibility plan that meets all the regulatory requirements and that meets all ACA requirements.

However, organizations must remember to notify both the Accessibility Commissioner and the other applicable regulatory authority (the Canadian Transportation Agency (CTA) or the Canadian Radio-television and Telecommunications Commission (CRTC)) when they publish their plans.

Long answer

Regulations

All federally regulated organizations that are subject to the ACA must follow the Accessible Canada Regulations (ACR), which were developed by Employment and Social Development Canada (ESDC). The Accessibility Commissioner at the Canadian Human Rights Commission enforces the ACR. Organizations must notify the Accessibility Commissioner when they publish their accessibility plans developed under the ACR.
In addition to following the ACR, some organizations must also follow another regulation made under the ACA:

Options

Organizations that are subject to two ACA regulations can either:

  • 1. Publish one accessibility plan that meets all the regulatory requirements.
    • For federal passenger transportation organizations, this means publishing a single plan that meets all the requirements in the ACR and the CTA Regulations.
    • For broadcasting and telecommunications organizations, this means publishing a single plan that meets all the requirements in the ACR and the CRTC Regulations.

Organizations must remember to notify both the Accessibility Commissioner and the other applicable regulatory authority (the CTA or the CRTC) when they publish their accessibility plans

or

  • 2. Publish two accessibility plans (i.e. a separate plan under each regulation).
    • For federal passenger transportation organizations, this means publishing one accessibility plan under the ACR and another plan under the CTA Regulations.
    • For broadcasting and telecommunications organizations, this means publishing one accessibility plan under the ACR and another plan under the CRTC Regulations.

Organizations must remember to notify the Accessibility Commissioner when they publish their plans developed under the ACR and the other applicable regulatory authority (the CTA or the CRTC) when they publish their accessibility plans developed under the CRTC or CTA regulations.

More information

  • Accessible Canada Regulations (ACR)
    For more information on accessibility plan requirements under the ACR, please read ESDC’s Guidance on Accessibility Plans.
    If you have questions about the ACR, you can contact the Accessibility Commissioner’s team:
  • CTA Regulations
    For more information about the CTA Regulations, please visit the CTA’s website.
    If you have questions about the CTA’s guidance about these regulations, you can email OTC.CETA-CEAT.CTA@otc-cta.gc.ca.
    If you have compliance-related questions, you can email OTC.conformite-compliance.CTA@otc-cta.gc.ca.
  • CRTC Regulations
    For more information about the CRTC’s Regulations, including how to file your accessibility plan under these regulations, please visit the CRTC's website.
    If you have questions about the CRTC’s guidance about these regulations, you can email engagement@crtc.gc.ca.

What are the feedback process requirements for regulated entities notifying two regulatory authorities?

The Accessible Canada Act (ACA) requires all federally regulated organizations to establish a feedback process to receive and deal with feedback about:

  • How they are implementing their accessibility plans, and
  • Barriers people face when dealing with their organization.

Organizations must publish a description of their feedback process.

Regulations

All federally regulated organizations subject to the ACA must meet the feedback process requirements in the Accessible Canada Regulations (ACR). Organizations must notify the Accessibility Commissioner when they publish their feedback process description under the ACR.
Some organizations must also meet the requirements in another regulation made under the ACA:

Differences

The requirements in the three ACA regulations are similar, but not identical. Here are three key differences:

  • Headings
    Both the ACR and the CTA Regulations require organizations to include a “General” heading in their accessibility plans. Under this heading, organizations must include the position (title) of the person they have designated to receive feedback on their behalf. They must also include information about how the public can give feedback and request an alternate format of their feedback process description. Organizations must provide their mailing address, phone number and email address.
    The CRTC Regulations do not require organizations to include a “General” heading in their accessibility plans. However, they require organizations to allow feedback by phone, by email, through an online form, or by any other means.
  • Deadlines
    The ACR and the CTA Regulations require organizations to publish their feedback process descriptions on the same day (or at the same time) that they publish their first accessibility plans.
    The CRTC Regulations require organizations to publish their feedback process descriptions one year before publishing their first accessibility plans.
    Note: All three regulations require organizations to notify the relevant regulatory authority (the Accessibility Commissioner and either the CTA or the CRTC) within 48 hours of publishing their feedback process descriptions.
  • Keeping feedback
    The ACR require organizations to keep an electronic or print copy of any feedback they receive for seven years.
    This isn’t required under the CTA or the CRTC Regulations.

These are not the only differences between the regulations. Organizations should carefully review the details in the applicable regulations to make sure their feedback process descriptions meet all the regulatory requirements.

Options

Organizations that are subject to two ACA regulations can either:

  • 1. Publish one feedback process description that meets all the regulatory requirements.
    • For federal passenger transportation organizations, this means publishing one feedback process description that meets all the requirements in the ACR and the CTA Regulations.
    • For broadcasting and telecommunications organizations, this means publishing one feedback process description that meets all the requirements in the ACR and the CRTC Regulations.

    Organizations must remember to notify both the Accessibility Commissioner and the other applicable regulatory authority (the CTA or the CRTC) when they publish their feedback process descriptions.

    or
  • 2. Publish two feedback process descriptions (i.e. a separate description under each regulation).
    • For federal passenger transportation organizations, this means publishing one feedback process description under the ACR and another one under the CTA Regulations.
    • For broadcasting and telecommunications organizations, this means publishing one feedback process description under the ACR and another one under the CRTC Regulations.

Organizations must remember to notify the Accessibility Commissioner when they publish their feedback process description developed under the ACR and the other applicable regulatory authority (the CTA or the CRTC) when they publish their feedback process descriptions developed under the CTA or CRTC regulations.