What is the AODA? A Guide to Accessibility Compliance in Ontario

The Accessibility for Ontarians with Disabilities Act (AODA) is all about creating an inclusive, accessible Ontario. Besides being the right thing to do, complying with AODA keeps legal action at bay, helping protect your organization against customer churn, financial loss, and reputational damage. If you’re an Ontario-based business, website, or public entity, then this guide is for you. 

What is Accessibility for Ontarians with Disabilities Act (AODA)?

With the creation of the Accessibility for Ontarians with Disabilities Act (AODA), Ontario became the first Canadian province to enact specific accessibility legislation in 2005. The AODA is a framework aimed at making Ontario fully accessible by 2025. It covers areas such as employment, transportation, customer service, and digital accessibility. 

The act is built on four principles:

• Dignity: People with disabilities should be treated with the same respect as everyone else.
• Independence: Individuals with disabilities should be able to access services on their own whenever possible.
• Integration: Accessibility features should be seamlessly integrated into the overall design and functionality of a website or service, rather than being added as separate, secondary considerations.
• Equal Opportunity: People with disabilities should have the same opportunities as everyone else.

The AODA mandates accessibility across five key areas:

• Customer service
• Information and communications (including websites and digital content)
• Employment
• Transportation
• Public spaces

The idea behind AODA is to create a barrier-free Ontario, where people with disabilities have the same access to products, services, facilities, opportunities, and information as everyone else. 

Practically speaking, this might involve the installation of wheelchair ramps at the entrance of a brick-and-mortar store. Or it might involve ensuring that digital content is clearly readable and compatible with assistive technologies. 

Either way, whether wheelchair ramps or screen-reader-friendly websites, every aspect of accessibility is covered under the AODA. For the purposes of this article, however, we will focus our attention on what AODA means for digital accessibility. 

Which organizations need to be AODA compliant?

The AODA is a broadly applicable law. Generally speaking, the act applies, at least in some capacity, to all public and private sector organizations across Ontario who have one or more employees. 

This includes municipalities, schools, ecommerce stores, hospitals, and even websites. However, some of the AODA’s standards apply only to specific sectors or organizations of a particular size.

Typically, organizations which must comply with AODA, also: 

• Offer goods, services, or facilities to the public
• Employ Ontario-based workers
• Provide accommodation 
• Own a building or premises
• Operate as a business

AODA categorizes organizations based on size — large and small.

• Businesses with 1-49 employees are small organizations
• Businesses with 50+ employees are large organizations

While both large businesses and small businesses are expected to be AODA compliant, the extent to which they must comply differs slightly, depending on the standard. But more on that later. 

The role of WCAG in AODA compliance 

The Web Content Accessibility Guidelines (WCAG), particularly WCAG 2.0 Level AA, plays a crucial role in AODA compliance. It serves as the act’s benchmark for website accessibility, providing detailed recommendations on how to make digital content accessible. 

In this sense, WCAG serves as the enforcing arm of AODA, pertaining mostly to the Information and Communications standard. It covers every aspect of digital accessibility, from keyboard accessibility and color contrast to accessible forms and compatibility with assistive technologies. And while WCAG isn’t itself a law, failure to adhere with its guidelines is also a failure to comply with the digital aspects of AODA.

What are the five standards of AODA?

The AODA is divided into five key standards. Each standard sets the rules for a different sector of the economy. 

1. Customer Service standard: Businesses must provide accessible customer service, including alternative communication methods, assistance devices, and staff training on accessibility.
2. Information and Communications standard: Organizations must ensure that websites, documents, and digital content are accessible. This includes providing alt text for images, captioning videos, and offering accessible formats upon request.
3. Employment standard: Employers must accommodate employees with disabilities throughout the hiring process and workplace environment.
4. Transportation standard: Public transportation services must ensure accessibility in vehicles, transit stops, and communication services.
5. Design of Public Spaces standard: New or redeveloped public spaces (parks, sidewalks, entrances) must be built with accessibility in mind.

While some organizations are only subject to one standard, others may have to comply with several standards. A new shopping mall, for example, must comply with both the Design of Public Spaces standard and the Customer Service standard. The Transportation standard, however, applies specifically to transportation organizations. 

The Information and Communications Standard

Then there’s the Information and Communications standard; the standard that relates to website accessibility. Here, large organizations (50+ employees) are required to meet WCAG 2.0 Level AA standards. That is, with two exemptions: 

• Live captions (success criteria 1.2.4)
• Pre-recorded audio descriptions (success criteria 1.2.5)

Small organizations, on the other hand, are not required to meet WCAG 2.0 Level AA standards. Although, they are obligated to make emergency information accessible and to provide alternative formats of information and communication upon request. 

Though small organizations aren’t mandated to comply with WCAG 2.0 AA requirements, it is highly recommended that they do so. Not only does this help prepare for future growth, but anticipating AODA compliance is a great way to improve website usability, win over ethically-conscious consumers, and create a more welcoming environment.

Examples of AODA compliance violations and how to fix them

When an Ontario-based organization fails to meet its digital AODA requirements, lawsuits often follow. That’s why it’s important to know what constitutes an AODA violation. In this section, we’ll unpack a few examples and look at how best to fix them. 

Missing Alt Text on Images

Images are widely used throughout modern websites, and are a crucial part of understanding any document or web page. Without alt text, screen readers cannot accurately interpret these images or their intended purpose. This specifically impacts visually impaired users who rely on screen readers to digest digital content. To fix this, go through each image on your website, adding alt text descriptions that accurately describe the image without using technical jargon. 

Vague Link Text

When inserting links in your site, there is a right way and a wrong way to do it. Simply pasting the full link is visually unappealing and causes confusion. Embedding the link into descriptive text is a much better alternative, but you have to make sure the text is relevant. Vague link text like “click here”, for example, doesn’t do screen reader users any favors. Instead, use clear, precise link descriptions like “download our pricing guide”. 

Poor Keyboard Navigation

Many users rely solely on keyboards to browse the web. Therefore, your site has to be keyboard navigable, or you risk alienating a vast proportion of your customer base. To do this, you must ensure each website element can be accessed via keyboard functions like the Tab and Enter keys. 

Lack of Color Contrast

When digital elements are made up of high contrast colors, it makes them more visible. This is especially useful for those who suffer from visual impairments. Under WCAG guidance, web designers should strive for a minimum color contrast ratio of 4.5:1 for normal-sized text. 

Inaccessible Online Forms 

Inaccessible forms can be a challenge for anyone to complete, but especially those who rely on screen readers. To ensure your online forms are accessible, label all form fields appropriately, provide clear error messages, and make sure the form can be completed via keyboard only. 

What are the consequences of non-compliance with the Accessibility for Ontarians with Disabilities Act

If you fail to comply with AODA, you risk having lawsuits filed against you. By mere association, lawsuits can bring about some rather damaging consequences, even before a verdict is reached. Let’s take a look at what non-compliance means for your organization. 

Fines and Legal Penalties

Organizations that fail to comply can face fines of up to a maximum of $100,000 per day, depending on the severity and duration of the violation. Repeated non-compliance can also lead to increased scrutiny and more severe penalties over time.

Lawsuits and Legal Action

Non-compliance opens businesses up to disability discrimination lawsuits, which can result in costly settlements and legal fees. Lawsuits may be filed by individuals who face barriers accessing goods or services, as well as advocacy groups dedicated to enforcing accessibility rights.

Reputation Damage

A lack of accessibility can lead to negative press and public backlash, which undermines customer trust. Businesses that fail to comply with AODA can expect to see significant customer churn as a result, as well as decreased sales and financial loss. 

Costly Website Overhauls

Fixing accessibility issues after a lawsuit or government intervention can be expensive. A full website redesign to meet compliance can cost significantly more than implementing accessibility from the start. Businesses that proactively invest in accessibility save money in the long run while improving user experience.

Detect AODA non-compliance with an accessibility check of your website

So, you’re convinced — you need an AODA-compliant website. But where do you start? Well, you first need to know what needs improving on your website. Is it your website’s color contrast? Are your images missing alt text? Is your text even legible?

To find this out, you need to conduct an accessibility audit. Use an automated tool like our accessibility checker to rapidly scan your website for any WCAG failures. The accessibility checker synthesizes the audit’s findings in a concise report, complete with recommended fixes. You can then go ahead and start tackling these fixes one by one until your site is fully AODA compliant. 

For a more thorough understanding of your website’s accessibility, consider combining automated testing with manual methods. This can help you identify accessibility nuances that might not otherwise be apparent. 

The importance of accessibility training for employees

Training employees on accessibility acts as an extra line of defense. Trained staff are better positioned to identify and deal with AODA violations as and when they arise. They are also more likely to apply general accessibility and inclusion practices throughout their day-to-day. 

Training sessions could be held on different topics for different teams. For example, web designers might benefit from workshops on WCAG best practices, whereas HR teams may benefit from sessions on unconscious bias. 

Canadian web accessibility lawsuit: Donna Jodhan v. Canada 

In 2010, Donna Jodhan, a blind individual, filed a lawsuit against the Canadian federal government because she was unable to independently apply for government jobs or complete the 2006 Census online due to inaccessible websites. The Federal Court ruled that the government’s failure to provide accessible websites violated the equality rights of Canadians with disabilities. As such, the court ordered the government to pay Jodhan $150,000 to cover legal costs.

Conclusion: The importance of accessible web design 

AODA compliance is inextricably linked to accessibility. Legalities aside, accessibility opens your doors to a broader customer base, improves your brand’s reputation, and helps existing staff to thrive in their role. Don’t wait until accessibility becomes a problem—begin your journey towards AODA compliance today. 

Accessibility for Ontarians with Disabilities Act FAQs