Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations: SOR/2021-160

Canada Gazette, Part II, Volume 155, Number 14

Registration
SOR/2021-160 June 23, 2021

ACCESSIBLE CANADA ACT

Whereas, a copy of the proposed Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 6, 2021, and a reasonable opportunity was given to regulated entities and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to sections 45 and 54 of the Accessible Canada Act ^{footnote a}, makes the annexed Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations.

Gatineau, June 22, 2021

Claude Doucet
Secretary General of the Canadian Radio-television and Telecommunications Commission

Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act

means the Accessible Canada Act. (Loi)

broadcasting entity

means an entity or person that is a member of one of the classes established under subsection 2(1). (entité de radiodiffusion)

Commission

means the Canadian Radio-television and Telecommunications Commission. (Conseil)

employee

means a person employed by a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act and includes a dependent contractor, as defined in subsection 3(1) of the Canada Labour Code, but does not include

• (a) a person employed under a program designated by the employer as a student employment program; and
• (b) a student employed solely during their vacation periods. (employé)

regulated broadcasting entity

means a broadcasting entity in respect of which a day has been fixed under section 3. (entité de radiodiffusion réglementée)

regulated telecommunications entity

means a telecommunications entity in respect of which a day has been fixed under section 19. (entité de télécommunication réglementée)

telecommunications entity

means an entity or person that is a member of one of the classes established under subsection 18(1). (entité de télécommunication)

WCAG

means the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, as amended from time to time. (WCAG)

Interpretation of document incorporated by reference

(2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

PART 1

Broadcasting Entities

Classes

Classes — broadcasting entity

2 (1) For the purposes of this Part, the following classes are established:

• (a) Class B1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that carries on a broadcasting undertaking;
• (b) Class B2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and is not a member of any other class;
• (c) Class B3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has 10 or more employees but fewer than 100 employees;
• (d) Class B4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that carries on a broadcasting undertaking and has submitted an attestation to the Commission that it has fewer than 10 employees.

Deemed class

(2) If a regulated broadcasting entity submits an attestation that it employs a quantity of employees that qualifies it as a member of a particular class, that entity is deemed to have always been a member of that class and has the obligations of entities in that class.

Obligations before deemed change

(3) Despite subsection (2), if a regulated broadcasting entity published an accessibility plan while it was a member of a particular class, it must fulfill its obligations relating to the feedback process and progress report with respect to that accessibility plan as though it were still a member of that class.

Day fixed — broadcasting entity

3 (1) Subject to subsection (2), for the purposes of subsection 42(1) of the Act, the day fixed is

• (a) in respect of a Class B1 regulated entity, June 1, 2022;
• (b) in respect of a Class B2 regulated entity, June 1, 2022; and
• (c) in respect of a Class B3 regulated entity, June 1, 2023.

New broadcasting entity

(2) If an entity or person qualifies as a Class B1, Class B2 or Class B3 broadcasting entity on a day after the day fixed under subsection (1) for that class, the day fixed for the purposes of subsection 42(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified.

Accessibility Plans

Form

4 A regulated broadcasting entity must include a header in its accessibility plan for each element of the plan that is required under subsections 42(1), (5) and (9) of the Act.

Publication of accessibility plan

5 A regulated broadcasting entity must electronically publish its most recent accessibility plan in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Publication of updated accessibility plan

6 A regulated broadcasting entity must prepare and publish an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last required to be published.

Notice to Commission

7 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan.

Alternative formats

8 (1) A person may make a request that a regulated broadcasting entity make its accessibility plan available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated broadcasting entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest,

• (a) in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a plan in any other format,
  • (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received.

Feedback

Feedback process

9 (1) For the purposes of subsection 43(1) of the Act, a regulated broadcasting entity must allow the receipt of feedback that is provided

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of feedback;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of feedback;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of feedback.

Anonymous feedback

(2) The regulated broadcasting entity must allow feedback to be provided anonymously.

Person designated to receive feedback

(3) The regulated broadcasting entity must designate and publicly identify a person to be responsible for receiving feedback on behalf of the entity.

Acknowledgement of feedback

(4) The regulated broadcasting entity must acknowledge receipt of feedback, other than anonymous feedback.

Confidentiality

(5) Subject to the Personal Information Protection and Electronic Documents Act and the Privacy Act, the regulated broadcasting entity must ensure that the personal information of a person who provides feedback remains confidential, unless the person consents to the disclosure of their personal information.

Publication of feedback process

10 (1) A regulated broadcasting entity must, for the purposes of subsection 43(2) of the Act, electronically publish a description of its process for receiving feedback, in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Time limit for publication

(2) The regulated broadcasting entity must publish the description of its feedback process before the end of the day fixed under section 3 in respect of that entity.

Updated feedback process

(3) If the regulated broadcasting entity updates its feedback process, it must publish an updated description of its feedback process in the manner set out in subsection (1) as soon as feasible.

Alternative formats

11 (1) A person may make a request that a regulated broadcasting entity make the description of its feedback process available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated broadcasting entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received, but at the latest,

• (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a description in any other format,
  • (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received.

Notice to Commission

12 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of the description of its feedback process or the publication of an updated description of its feedback process within 48 hours of publication and include in the notice a hyperlink to the URL of the description or updated description.

Progress Report

Form

13 A regulated broadcasting entity must include a header in its progress report for each element set out in subsections 42(1) and 44(4) and (5) of the Act.

Publication of progress report

14 A regulated broadcasting entity must, for the purposes of subsection 44(1) of the Act, electronically publish its most recent progress report in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the progress report accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Alternative formats

15 (1) A person may make a request that a regulated broadcasting entity make its progress report available to the person in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated broadcasting entity must make its progress report available to the person in the requested format as soon as feasible after the request is received but, at the latest,

• (a) in the case of a request for a progress report in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a progress report in any other format,
  • (i) for Class B1 and B2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class B3 regulated entities, on the 20th day after the day on which the request is received.

Time limit for publication

16 A regulated broadcasting entity must publish a progress report by June 1 in each year in which it is not required to publish an accessibility plan.

Notice to Commission

17 A regulated broadcasting entity must, by electronic means, notify the Commission of the publication of its progress report within 48 hours of publication and include in the notice a hyperlink to the URL of the report.

PART 2

Telecommunications Entities

Classes

Classes — telecommunications entity

18 (1) For the purposes of this Part, the following classes are established:

• (a) Class T1 is a class that consists of every regulated entity referred to in any of paragraphs 7(1)(a) to (c) of the Act that is a Canadian carrier or telecommunications service provider;
• (b) Class T2 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and is not a member of any other class;
• (c) Class T3 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and has submitted an attestation to the Commission that it has 10 or more employees but fewer than 100 employees, other than an entity that is a member of Class T5;
• (d) Class T4 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a Canadian carrier or telecommunications service provider and has submitted an attestation to the Commission that it has fewer than 10 employees, other than an entity that is a member of Class T5;
• (e) Class T5 is a class that consists of every regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that is a telecommunications service provider whose telecommunications service is limited to
  • (i) a service that is offered without an explicit charge,
  • (ii) a service that is offered on a temporary basis only to individuals located on the entity’s premises, or
  • (iii) a service that does not allow individuals to engage autonomously in two-way voice telecommunications or to access the Internet autonomously.

Deemed class

(2) If a regulated telecommunications entity submits an attestation that it employs a quantity of employees that qualifies it as a member of a particular class, that entity is deemed to have always been a member of that class and has the obligations of entities in that class.

Obligations before deemed change

(3) Despite subsection (2), if a regulated telecommunications entity published an accessibility plan while it was a member of a particular class, it must fulfill its obligations relating to the feedback process and progress report with respect to that accessibility plan as though it were still a member of that class.

Day fixed — telecommunications entity

19 (1) Subject to subsection (2), for the purposes of subsection 51(1) of the Act, the day fixed is

• (a) in respect of a Class T1 regulated entity, June 1, 2022;
• (b) in respect of a Class T2 regulated entity, June 1, 2022; and
• (c) in respect of a Class T3 regulated entity, June 1, 2023.

New telecommunications entity

(2) If an entity or person qualifies as a Class T1, Class T2 or Class T3 telecommunications entity on a day after the day fixed under subsection (1) for that class, the day fixed for the purposes of subsection 51(1) of the Act in respect of that entity or person is June 1 of the calendar year after the calendar year in which the entity or person qualified.

Accessibility Plans

Form

20 A regulated telecommunications entity must include a header in its accessibility plan for each element of the plan that is required under subsections 51(1), (5) and (9) of the Act.

Publication of accessibility plan

21 A regulated telecommunications entity must electronically publish its most recent accessibility plan in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the plan accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Publication of updated accessibility plan

22 A regulated telecommunications entity must prepare and publish an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last required to be published.

Notice to Commission

23 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of each version of its accessibility plan within 48 hours of publication and include in the notice a hyperlink to the URL of the plan.

Alternative formats

24 (1) A person may make a request that a regulated telecommunications entity make its accessibility plan available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated telecommunications entity must make its accessibility plan available to the person in the requested format as soon as feasible after the request is received, but at the latest,

• (a) in the case of a request for a plan in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a plan in any other format,
  • (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received.

Feedback

Feedback process

25 (1) For the purposes of subsection 52(1) of the Act, a regulated telecommunications entity must allow the receipt of feedback that is provided

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of feedback;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of feedback;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of feedback.

Anonymous feedback

(2) The regulated telecommunications entity must allow feedback to be provided anonymously.

Person designated to receive feedback

(3) The regulated telecommunications entity must designate and publicly identify a person to be responsible for receiving feedback on behalf of the entity.

Acknowledgement of feedback

(4) The regulated telecommunications entity must acknowledge receipt of feedback, other than anonymous feedback.

Confidentiality

(5) Subject to the Personal Information Protection and Electronic Documents Act and the Privacy Act, the regulated telecommunications entity must ensure that the personal information of a person who provides feedback remains confidential, unless the person consents to the disclosure of their personal information.

Publication of feedback process

26 (1) A regulated telecommunications entity must, for the purposes of subsection 52(2) of the Act, electronically publish a description of its process for receiving feedback, in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the description accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Time limit for publication

(2) The regulated telecommunications entity must publish the description of its feedback process before the end of the day fixed under section 19 in respect of that entity.

Updated feedback process

(3) If the regulated telecommunications entity updates its feedback process, it must publish an updated description of its feedback process in the manner set out in subsection (1) as soon as feasible.

Alternative formats

27 (1) A person may make a request that a regulated telecommunications entity make the description of its feedback process available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated telecommunications entity must make the description of its feedback process available to the person in the requested format as soon as feasible after the request is received but, at the latest,

• (a) in the case of a request for a description in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a description in any other format,
  • (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received.

Notice to Commission

28 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of the description of its feedback process or the publication of an updated description of its feedback process within 48 hours of publication and include in the notice a hyperlink to the URL of the description or updated description.

Progress Report

Form

29 A regulated telecommunications entity must include a header in its progress report for each element set out in subsections 51(1) and 53(4) and (5) of the Act.

Publication of progress report

30 A regulated telecommunications entity must, for the purposes of subsection 53(1) of the Act, electronically publish its most recent progress report in clear, simple and concise language

• (a) on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public;
• (b) in a conspicuous manner that makes the progress report accessible on the digital platform either directly on the homepage or by way of a hyperlink on that homepage; and
• (c) in a format that meets the requirements of Level AA conformance that are set out in the WCAG.

Alternative formats

31 (1) A person may make a request that a regulated telecommunications entity make its progress report available to them in print, large print, braille, audio format, electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities, or any other format that the person and the entity agree upon and for which there is proof of the agreement.

Form and manner of request

(2) The request must be made

• (a) by calling the main telephone number that the entity uses to communicate with the public or, if any, the telephone number designated by the entity for the receipt of requests;
• (b) by sending an email to the main email address that the entity uses to communicate with the public or, if any, the email address designated by the entity for the receipt of requests;
• (c) by completing the online form, if any, that is available on the main digital platform that the entity owns, operates or controls and that it uses to communicate information to the public; or
• (d) by any other means that is designated by the entity for the receipt of requests.

Response time

(3) The regulated telecommunications entity must make its progress report available to the person in the requested format as soon as feasible after the request is received but, at the latest,

• (a) in the case of a request for a progress report in braille or an audio format, on the 45th day after the day on which the request is received; and
• (b) in the case of a request for a progress report in any other format,
  • (i) for Class T1 and T2 regulated entities, on the 15th day after the day on which the request is received, and
  • (ii) for Class T3 regulated entities, on the 20th day after the day on which the request is received.

Time limit for publication

32 A regulated telecommunications entity must publish a progress report by June 1 in each year in which it is not required to publish an accessibility plan.

Notice to Commission

33 A regulated telecommunications entity must, by electronic means, notify the Commission of the publication of its progress report within 48 hours of publication and include in the notice a hyperlink to the URL of the report.

Coming into Force

Registration

34 These Regulations come into force on the day on which they are registered.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The Canadian Radio-television and Telecommunications Commission Accessibility Reporting Regulations discharge the duty of the Canadian Radio-television and Telecommunications Commission to make regulations pursuant to sections 45 and 54 of the Accessible Canada Act, S.C. 2019, c. 10, within two years of the coming into force of that Act.

The Regulations generally set out particulars, mainly of timing, manner, and form, for the accessibility plans, feedback processes and progress reports of regulated entities that carry on broadcasting undertakings, as well as of regulated entities that are Canadian telecommunications common carriers or telecommunications service providers.