Comparative analysis of policies in the European Union, Canada and the United States

(Mandatory policy)

1. Policy on Communications and Federal Identity.^a

   This policy requires all government departments dealing with e-accessibility to meet the requirements of the Standard on Web Accessibility so as to ensure that all web pages, publications and digital data are accessible to persons with disabilities on an equal basis with others.

2. Guidance on Implementing Standard Web Accessibility (2011).^b

   This guidance, alongside the Canada Human Rights Act^c (c. H-6, section 24) and other related legislation on persons with disabilities, serves as the legal and policy reference for e-accessibility at the federal level in Canada.

To promote accessibility and e-accessibility, the Government of Canada has taken a “whole-of-government” approach, according to which responsibility for oversight and implementation of e-accessibility policy is distributed among the following entities:

1. The Office of Public Service Accessibility,^d a branch of the Treasury Board: the Governor General appoints a commissioner responsible for access to services, answerable to the Minister of Sport and Persons with Disabilities, who is responsible for compliance and enforcement, as well as dealing with complaints related to all other activities and sectors under federal jurisdiction.
2. The Canadian Radio-television and Telecommunications Commission (CRTC) is responsible for compliance and enforcement relating to broadcasting and communications, using its statutory powers.
3. The Canadian Transportation Agency is responsible for compliance and enforcement in the transport sector, by means of its enhanced powers.

Accessible Canada Act.

Policy on inclusion of persons with disabilities in federal public service (known as the Accessibility Strategy for the Public Service of Canada).

Canadian Charter of Rights and Freedoms.

Employment Equity Act.

Regional laws on accessibility, including the following:

Act Respecting Equal Access to Employment in Public Bodies (Quebec).

Accessibility for Ontarians with Disabilities Act (AODA).

Accessibility for Manitobans Act (AMA).

Nova Scotia Accessibility Act.

Develop e-accessibility standards and work with stakeholders and persons with disabilities in order to do the following:

Set new accessibility standards applicable to sectors such as banking, communications and transport, as well as to the Government of Canada itself.

Adopt compliance and enforcement measures and set up accessibility-related complaints mechanisms.

Ensure coverage of all governmental bodies and public and private-sector entities.

The Guidance on implementing the Standard on Web Accessibility sets the following deadlines for the implementation of e-accessibility standards:

Phase I (August 1, 2011 to February 29, 2012) applies to:

• All Government home pages and pages referenced from Government websites (namely third-party content) and smartphone applications (home page as a minimum).
• All new web pages and smartphone applications published after 1 October 2011.
• Significant number of web pages and smartphone applications that provide essential information and services to individuals and businesses, including on rights and benefits.
• Significant number of the most frequently used web pages and smartphone applications.

Phase II (March 1, 2012 to July 31, 2012) applies to:

• Additional internal pages on Government websites, smartphone applications, services and web pages that are the most frequently used.

Phase III (August 1, 2012  to July 31, 2013) applies to:

• All remaining Government web pages and smartphone applications, and a significant proportion of the most frequently used private websites involved in public service provision.

The above represents the minimum requirements, which departments are encouraged to surpass.^e

Adoption of WCAG 2.0, conformance level AA, and all related applicable standards.

Under the Accessible Canada Act, two new positions were created, namely:

1. Accessibility Commissioner.

2. Chief Accessibility Officer.

Both of those individuals have the authority to impose penalties on public and private institutions. The Office of the Commissioner can investigate complaints, assess penalties and issue compliance orders.^f

To ensure that entities meet their obligations under the Accessible Canada Act, a range of proactive compliance measures are recommended, including inspections, compliance reviews, compliance orders, and notices of violation accompanied by warnings or administrative monetary penalties. Equally, the entities subject to the Act have the right to challenge decisions or request an administrative review.^g

(Mandatory policy)

Section 508 of the Rehabilitation Act of 1973 – Special Policy.^a

The Federal Communications Commission has the exclusive authority to implement and enforce the Act under Section 255, and to issue implementation regulations and implement e-accessibility activities.

On 18 January 2017, the United States Access Board  issued a final rule updating both the e-accessibility policy under Section 508 and the guidance on telecommunications equipment under Section 255 of the Communications Act.^b

• The United States Access Board is responsible for developing e-accessibility standards to incorporate into regulations that govern federal procurement practices.^c

• Section 255 of the Communications Act of 1934 mandates that telecommunications services and equipment must be accessible to persons with disabilities.^d
• Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit federal employers from discriminating against individuals with disabilities.^e
• Section 503 of the Rehabilitation Act of 1973 prohibits employment discrimination based on disability by federal contractors or subcontractors.^f
• Section 504 of the Rehabilitation Act of 1973 prohibits federal agencies, programmes or activities from discriminating against and requires reasonable accommodation to be made for persons with disabilities.^g
• The Americans with Disabilities Act of 1990^h was the first legal framework to guarantee equal opportunities for persons with disabilities.

Applies to all federal agencies (Government institutions) when developing, procuring, maintaining, or using electronic and information technology. Under Section 508, federal agencies must give employees with disability and members of the public with disability access to information comparable to the access available to others. Private websites are not required to comply as long as they have not received funding from the federal Government or under a federal contract.

In essence, any legally registered organization or institution that operates under permission of the United States. Federal Government must comply with Section 508.

Generally speaking, these regulations are not mandatory for the private sector.ⁱ

All institutions that receive federal funding or do business with the United States Federal Government, and all institutions, programmes, non-profit organizations, and other entities connected with public education service provision must comply with Section 508^j and ensure that any information they publish is accessible pursuant to the applicable standard. This includes mobile applications, websites, most digital media, self-service kiosks and electronic payment devices.

The United States has been making progress towards e-accessibility for more than two decades, but the past five years in particular have seen significant advances in both the public and private sector, largely because of an increasing focus on older adults who – with their strong purchasing power and their increasing use of digital devices, the Internet and online shopping – have become a key target market.

Official e-accessibility policy focusses on the following areas:

• Federal Government service provision.
• Education.
• Labour and employment.

• WCAG 2.0, conformance level AA, is the main standard for e-accessibility.
• The standards contained in the Americans with Disabilities Act of 1990.
• The regulations contained in Section 503 of the Rehabilitation Act of 1973.

Note: Application of these standards varies by state.^k

The head of each federal department or agency assesses the level of e-accessibility for persons with disabilities compared with other individuals and reports it to the Attorney-General.

Implementation of national e-accessibility policy was only assigned to a centralized federal body in 2017, when the United States Access Board was established. The Board’s functions include developing digital standards and incorporating them into the regulations governing federal procurement practices.

Entities (such as organizations and companies) that do not comply with Section 508 can be sued by individuals who are unable to access online information and resources.

Private enterprises that supply ICTs to federal agencies can lose their Government contracts if they fail to meet e-accessibility requirements.

In reality, no mechanisms are currently in place to enforce compliance by the private sector.^l

However, given that most US global technology companies do business with and provide services to the rest of the world, they have been obliged to comply with the standards followed in Europe, Canada and other major markets. This means that large companies, including those that deal in telecommunications, software and mobile applications, work on the basis of US standards and WCAG 2.0. In practice, these companies have been obliged to comply with the e-accessibility standards of the countries to which they sell their services.

One example of a large company whose websites and programmes comply with these standards is Microsoft.^m

Directive (EU) 2016/2102.^a

This guidance is designed to improve the compliance of public-sector websites and mobile applications with e-accessibility standards and minimize disparities among member States, by agreeing on a common set of e-accessibility standards and implementation mechanisms. Having a harmonized set of standards that applies to all public-sector websites and mobile applications helps to boost the software and content creation market, including by reducing the cost of adopting e-accessibility standards, and makes it easier for member States of the European Union to exchange information on e-accessibility.^b

The Directive is considered as the minimum requirements, which European Union member States are encouraged to surpass.

Each European Union member State designates its own implementing entity.

As of 23 December 2023, every European Union member State will be required to submit a progress report to the European Commission every three years.^c

The Web Accessibility Directive Expert Group was created within the European Commission to provide the Commission with technical and governance advice.

• The European Accessibility Act^d was formally adopted by the European Union on June 7, 2019 to create a common set of accessibility guidelines for European Union member States and remedy diverging accessibility standards.
• Convention on the Rights of Persons with Disabilities.^e
• Domestic legislation in participating European countries.

• European Union member States.
• Global software and public service providers in European Union member States.^f

• Development of e-accessibility legislation.
• Digital content in all forms (including the Internet, applications, audio and video content).
• Computers and operating systems.
• Automated teller machines (ATMs), ticketing and check-in machines.
• Smartphones.
• Television equipment related to digital television services.
• Telephone services and related equipment.
• Access to audio-visual media services such as television broadcast and related consumer equipment.
• Services related to air, bus, rail, and waterborne passenger transport;
• Banking services.
• E-books.
• Online shopping websites and mobile applications.

WCAG 2.0, conformance level AA verbatim without modifications for web content, documents and programmes.^g

This standard requires member States to report on the accessibility of websites and mobile applications, describing the level of accessibility and indicating any inaccessible content.^h

Every European member State must establish governance mechanisms to ensure successful implementation of e-accessibility policies. Without prejudice to the above, specific rules have been set on the necessary features of national policies as follows:

1. Accessibility statement.
2. Feedback mechanisms to improve e-accessibility.
3. Enforcement procedures and penalties for failure to meet e-accessibility requirements.
4. Monitoring and reporting standards.
5. Harmonized standards for e-accessibility of mobile applications.
6. Deadlines for the implementation of certain requirements, including the following:

• As of 23 September 2019, all new public-sector websites and applications must comply with the Directive.
• As of 23 September 2020, all new and existing websites must comply with the Directive.
• As of 23 September 2021, all new and existing mobile applications must comply with the Directive.

Under the Directive, the following implementation procedures apply:

• Article 4: Member States shall ensure that public-sector bodies provide and regularly update a detailed, comprehensive and clear accessibility statement on the compliance of their websites and mobile applications with this Directive.
• Article 9: Member States shall ensure the availability of an adequate and effective enforcement procedure to guarantee compliance with this Directive.ⁱ

The same provisions are reaffirmed in articles 4.1 and 4.2.