Understanding AODA Compliance

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What AODA Compliance Means for Your Website and Organization 

In Ontario, the Accessibility for Ontarians with Disabilities Act (AODA) mandates that organizations make their services, spaces, and digital properties accessible to everyone, regardless of ability. For businesses, public sector organizations, and nonprofits, this includes ensuring websites are inclusive and usable for people with disabilities. 

What Is the AODA? 

Passed in 2005, the AODA aims to identify, remove, and prevent barriers for people with disabilities. It’s a progressive piece of legislation designed to make Ontario fully accessible by 2025. The act sets out a roadmap for compliance through enforceable standards across various areas, including customer service, transportation, employment, information and communications. 

What Does AODA Website Compliance Mean? 

Achieving compliance means your website is designed and built to meet the standards. This ensures that people using assistive technologies, such as screen readers or voice navigation, can fully access your online content, services, and digital experiences. 

There are three levels of conformance:  

  1. Level A – the most basic level of conformance 
  1. Level AA – a more advanced level of conformance 
  1. Level AAA, the highest level of conformance and the hardest to achieve 

The AODA and Web Accessibility 

To comply with the AODA, public websites must conform to WCAG 2.0 Level AA (Web Content Accessibility Guidelines), which define how to make digital content more accessible to people with a wide range of disabilities. This includes considerations like: 

  • Keyboard navigation 
  • Proper use of alt text 
  • Color contrast 
  • Readable fonts 
  • Captioning for video content 

Who Needs to Comply with the AODA? 

The AODA affects all organizations in Ontario, including: 

  • Private businesses 
  • Non-profits 
  • Government bodies 

The AODA requirements vary for private businesses and non-profits based on size: 

  • Businesses with 20 or more employees must file an accessibility compliance report every three years 
  • Businesses with fewer than 20 employees do not need to file this report 

These entities are legally obligated to ensure their websites and web content meet accessibility standards. 

Who Enforces the AODA? 

The Accessibility Directorate of Ontario, under the Ministry for Seniors and Accessibility, is responsible for enforcing the AODA. They conduct compliance audits, investigate complaints, and issue penalties where necessary. 

The Consequences of Not Complying with the AODA 

Non-compliance with the AODA can result in significant financial and legal repercussions. Fines are determined based on two key factors: impact and history of violations. 

How Penalties Are Determined 

Penalties depend on two main factors: 

Impact of the Contravention 

  1. Minor: Administrative issues 
  1. Moderate: Organizational preparedness issues 
  1. Major: Violations that pose health or safety risks 

Contravention History 

  1. Minor: 0–1 prior violations in the past 2 years 
  1. Moderate: 2–5 prior violations 
  1. Major: 6+ prior violations 

Penalty Ranges 

History Impact Individual Fine Corporation Fine 
Minor Any $200–$500 $500–$2,000 
Moderate Any $250–$1,000 $2,500–$10,000 
Major Any $500–$2,000 $5,000–$15,000 

Severe Cases: 
If both the impact and history are deemed major, fines can escalate to: 

  • Up to $100,000/day for corporations 
  • Up to $50,000/day for individuals or unincorporated organizations 

Beyond fines, non-compliance can also damage your reputation, customer trust, and operational integrity. 

How Can You Know if Your Website Is AODA-Compliant? 

Conducting a comprehensive accessibility audit is the first step. This involves reviewing your website’s structure, code, design, and content against WCAG 2.0 Level AA standards. Automated tools can flag common issues, but a manual review by accessibility professionals is essential for a full understanding of your website’s compliance. 

How Should You Tackle Accessibility Issues? 

Addressing accessibility issues involves: 

  • Prioritizing critical barriers that prevent access to content 
  • Fixing structural problems in your code (HTML, ARIA roles, etc.) 
  • Updating content to meet readability and clarity standards 
  • Testing changes with users of assistive technologies 

Best Practices for AODA Compliance 

Here’s how to make accessibility a core part of your web strategy: 

  • Include accessibility from the start: Integrate it into the design and development process. 
  • Maintain your site regularly: AODA compliance is not a one-time task, it requires ongoing maintenance and updates. 
  • Train your team: Ensure your developers, content creators, and designers understand accessibility principles. 
  • Review all media and documents: PDFs, images, and videos should also meet accessibility requirements. 

FSET Can Help 

At FSET, we help organizations assess, remediate, and maintain AODA-compliant websites. Whether you’re starting from scratch or need a full audit of an existing site, our team offers the technical expertise and support you need to stay compliant and inclusive. 

Contact us today to build a more accessible digital Ontario. 

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