Size Exemption

Federally regulated private-sector organizations with fewer than 10 employees are exempt from the planning, feedback and reporting requirements of the Accessible Canada Act.

This calculation will help organizations determine if they are exempt due to having an average of fewer than 10 employees.

Calculating the average number of employees

  • Step 1: Determine the year to use in making your calculation.
    It will be the later of:
    • 2023, or;
    • the year your organization was established
  • Step 2: Determine the peak number of employees in each month of that year.
  • Step 3: Add together, and total the peak number of employees for the 12 months.
  • Step 4: Divide the total by 12. Round to the nearest whole number. If the value is equidistant between two whole numbers, round up to the nearest whole number. For example, if the value is 9.5, the number would be rounded up to 10.

Example 1:

A small trucking company, established in 2021, has a fluctuating number of drivers (employees). The owner wants to check if, on average, the company has had fewer than 10 employees and is therefore exempt from the Accessible Canada Act requirements. The owner chooses the year 2023 to check the average number of employees. In 2023, the peak number of employees each month looked like this:

Example 1: Steps 1 to 3 are applied in this table
Month Peak # of Employees
January 8
February 10
March 7
April 9
May 8
June 11
July 12
August 8
September 9
October 10
November 7
December 9
Total 108

Step 4: The owner divides the total number of employees at the peak employment point of each month by 12: 108/12 = 9

The average number of employees in 2023 is 9, so the owner does not have to publish an accessibility plan and description of a feedback process in 2024.

Example 2

A small radio station, established in 2022, has a fluctuating number of employees. The station manager wants to check if, on average, the station has had fewer than 10 employees and is therefore exempt from the Accessible Canada Act requirements. The owner chooses the year 2023 to check the average number of employees.

In 2023, the peak number of employees each month looked like this:

Example 2: Steps 1 to 3 are applied in this table
Month Peak # of Employees
January 8
February 10
March 7
April 9
May 8
June 12
July 15
August 8
September 9
October 12
November 7
December 9
Total 114

Step 4: The station manager divides the total number of employees at the peak employment point of each month by 12: 114/12 = 9.5 Since 9.5 is equidistant between 9 and 10, the number is rounded up to 10.

The average number of employees in 2023 is 10, so the station will have to publish an accessibility plan and description of a feedback process by June 1, 2024.

In this scenario, the station manager will claim the number of employees as being ‘10 to 99’ in their Organization Profile page on the My Accessibility Portal.

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