Under the Accessibility for Ontarians with Disabilities Act (AODA), since January 1, 2021, designated public sector organizations and businesses or non-profits with 50 or more employees must make all public websites meet WCAG 2.0 Level AA. That covers websites and web content published after January 1, 2012. Businesses with fewer than 50 employees aren't required to follow these website rules, but Ontario encourages them to.
The two exceptions to Level AA are live captions and pre-recorded audio descriptions. Everything else in WCAG 2.0 Levels A and AA applies to the public website you control.
Who must make their website AODA compliant
| Organization | Website requirement |
|---|---|
| Designated public sector organization | All public websites must meet WCAG 2.0 Level AA (with 2 exceptions) |
| Business or non-profit with 50 or more employees | All public websites must meet WCAG 2.0 Level AA (with 2 exceptions) |
| Business or non-profit with fewer than 50 employees | Not required under the regulation, but encouraged |
The organization that controls the website has to meet the rules. Ontario says control means direct control, or control through a contract, over the site's appearance, functionality or content. So if an agency builds and hosts your site but you direct it, the duty is still yours.
What WCAG 2.0 Level AA means
WCAG 2.0 is the international web accessibility standard from the World Wide Web Consortium (W3C). Each guideline has 3 levels, A, AA and AAA, with success criteria that spell out what you must achieve. In most cases you meet Level A before you can meet Level AA.
In practice, the guidelines cover things like:
- text alternatives for images and other non-text content (alt text)
- captions and alternatives for audio and video
- content that adapts and is easy to see and hear, including colour contrast
- everything working from a keyboard
- giving people enough time to read and use content
- nothing designed in a way known to cause seizures
- clear navigation, readable text, predictable pages and help with forms
Content means any information on a web page or web app: text, images, forms and sounds. If you're starting from scratch, our guide to web accessibility explains these in plain English.
The video caption rule people miss
Live captions are one of the 2 exceptions, but Ontario's own example shows the limit. A large company streaming a live event doesn't have to caption it live. If it then posts the recording on its website, it does have to add captions, because the video is now pre-recorded content.
For anyone who runs webinars or live product launches, that's the practical rule: replays need captions.
What's exempt
- Intranets and extranets. Internal sites don't have to meet WCAG 2.0 A or AA. Ontario gives an employee portal as an intranet example and a student login system as an extranet example. If someone asks for content in an accessible format, such as large print or braille, you must still work with them.
- Content published before January 1, 2012. Changing a page's address or updating a copyright line without meaningfully changing the content doesn't reset the publication date.
- Content that can't be converted, such as some online maps and complex diagrams. You can still post it, but if someone asks for an accessible version you can't provide, you must explain why and give a summary.
- Situations where it isn't feasible, including when the site is outside your control or no commercial software exists to make it accessible.
If you're leaning on the pre-2012 exemption, Ontario suggests asking a few honest questions first: is the old content still useful and accurate, is there a business, legal or historical reason to keep it in its original form, and have you made a documented effort to reduce the barriers, such as offering alternative formats on request?
You don't have to notify the province when one of these applies, but you may be asked to explain it in a compliance audit.
If you also sell into the EU, read about the European Accessibility Act.
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How to check your website
- Run an automatic assessment to flag issues. Our roundup of the best accessibility checker tools covers the options.
- Test with assistive technology such as a screen reader.
- If you can, ask people with disabilities to test the site before launch, and collect feedback from customers.
- Keep a record of the accessibility issues you've fixed. Ontario says this helps if you're asked to show your site is WCAG 2.0 Level AA compliant.
Working with a web developer
Ontario suggests asking a developer whether they know WCAG 2.0 Level A and AA criteria, whether they've built accessible sites before (with links), whether their tools support accessibility, and how they test, including automated tests, manual tests and assistive technology. Ask for a project plan that covers the techniques they'll use, how the site will be tested and how it'll be maintained, including training your staff to publish accessible content.
Quebec has its own website rules, covered in the French language rules in Quebec.
If parts of your site fall short
Ontario's best practices: fix what you can, write a remediation plan with clear timelines for what you can't, have a way to receive and respond to feedback, offer accessible formats on request in a timely way, and review new technology regularly. Accessibility, in Ontario's words, is always the goal.
My advice
Even under 50 employees, build to WCAG 2.0 Level AA. It's far less work to build it into a redesign than to retrofit later, you'll be ready if you grow past the threshold, and accessible sites tend to be clearer for everyone. Start with alt text, captions on every replay, colour contrast and keyboard navigation.
Frequently asked questions
Who has to comply with AODA website requirements?
Designated public sector organizations and businesses or non-profit organizations with 50 or more employees must make all public websites accessible, as of January 1, 2021.
What WCAG level does AODA require?
Public websites and web content posted after January 1, 2012 must meet WCAG 2.0 Level AA, except for live captions and pre-recorded audio descriptions.
Do small businesses in Ontario need an accessible website?
Businesses and non-profits with fewer than 50 employees aren't required under the regulation to follow the website accessibility requirements, but Ontario encourages them to.
Does AODA require captions on recorded webinars?
Yes. Live captions are an exception, but once a recording of a live event is posted online it's pre-recorded content and must include captions.
Does AODA apply to intranets?
No. Intranets and extranets don't have to meet WCAG 2.0 Levels A or AA, but if someone asks for content in an accessible format you must work with them to meet their needs.
