There are 42.5 million US adults and another 6.2 million Canadians living with a disability. Many of these individuals suffer from visual, auditory, cognitive, and mobility impairments, and so directly benefit from standards for digital accessibility guaranteed by Section 508 of the Rehabilitation Act in the U.S. and Canada’s Accessible Canada Act.
But how do these laws compare, and what do they mean for your organization? Although they share common goals, they differ in scope, enforcement, and implementation.
Understanding Each Law
What is Section 508 of the Rehabilitation Act?
Section 508 is a part of the U.S. Rehabilitation Act of 1973, mandating that federal agencies make their electronic and information technology accessible to people with disabilities. This includes websites, electronic documents, software, and other digital tools used or developed by federal agencies.
Who must comply? Federal agencies in the U.S. and any contractors doing business with them must comply with Section 508. It also applies to any program or activity receiving federal financial assistance, which includes many federally funded programs such as public universities and libraries.
Section 508 was refreshed in 2017 to align with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, setting new standards for web and technology accessibility.
What is the Accessible Canada Act?
The Accessible Canada Act (ACA), enacted in 2019, aims to achieve a barrier-free Canada by 2040. The Act applies to federal institutions and various federally regulated sectors, such as banking, telecommunications, and transportation, expanding its reach beyond just government agencies.
Who must comply? Federally regulated entities in Canada, including federal agencies, the banking sector, telecommunications, and transportation industries, must adhere to ACA standards.
The ACA focuses on achieving systemic change across multiple sectors, emphasizing consultation with individuals with disabilities to inform standards and policies.
Similarities Between Section 508 and the ACA
While these two laws differ in many ways, they share several key objectives and requirements:
- Purpose: Both laws aim to eliminate barriers and ensure equal access for individuals with disabilities.
- Public Sector Focus: Both acts primarily target public sector entities, mandating accessible information and services.
- Incorporation of Standards: Each law references international standards, such as WCAG, to guide accessible digital content and technologies.
- Equal Access: Both emphasize providing individuals with disabilities the same opportunities to access public services and information.
- Inclusion and Participation: Both seek to foster inclusive environments where individuals with disabilities can fully participate in society.
Key Differences Between Section 508 and the ACA
Despite these similarities, there are notable distinctions between the two laws:
Feature | Section 508 (U.S.) | Accessible Canada Act (Canada) |
Scope | Applies to federal agencies and contractors | Applies to federal institutions and various sectors |
Implementation | Enforced through federal procurement | Established standards by the Canadian Accessibility Standards Development Organization (CASDO) now Accessibility Standards Canada (ASC) |
Compliance Mechanisms | Loss of federal contracts for non-compliance | Inspections, penalties, and ongoing evaluations |
Specific Standards | Detailed technical standards for IT | Broad standards, focusing on consultation and feedback |
Geographical Focus | Entire U.S. but only federal entities | Federally regulated sectors across Canada |
How Do These Laws Affect Procurement?
Section 508: Federal agencies in the U.S. must procure accessible electronic and information technology (EIT), ensuring vendors comply with Section 508 standards. Non-compliance can result in the loss of federal contracts.
Section 508: “Federal agencies shall ensure that electronic and information technology… is accessible to individuals with disabilities.”
Accessible Canada Act: While the ACA does not have a specific procurement clause like Section 508, it does establish compliance and enforcement mechanisms, including penalties for non-compliance, encouraging accessible procurement within federally regulated sectors.
Consultation with persons with disabilities is a key component of the ACA, setting it apart as a more inclusive approach to accessibility.
Unique Features of Each Law
Section 508: Detailed Technical Standards and Procurement Focus
- Granular Standards: Section 508 offers specific technical standards for websites, software, multimedia, and other digital products.
- 2017 Refresh: The updated guidelines align with WCAG 2.0 Level AA, strengthening the requirements for web and technology accessibility.
- Procurement: Section 508 directly impacts procurement processes for federal agencies, setting strict accessibility requirements for vendors.
Accessible Canada Act: Broad Scope and Long-Term Vision
- Broader Reach: The ACA affects not just federal agencies but also various federally regulated sectors, such as banking and transportation.
- Systemic Change: The ACA aims for a barrier-free Canada by 2040, involving ongoing development of standards and feedback mechanisms.
- Consultative Approach: Emphasizes consultation with individuals with disabilities in developing accessibility standards.
How are these laws enforced?
- Section 508: Compliance is enforced primarily through federal procurement processes. Products and services that do not meet accessibility standards cannot be purchased by federal agencies. Individuals who experience accessibility issues can file an administrative complaint with the federal agency responsible for the inaccessible information. If the issue is not resolved, they may pursue a lawsuit.
Also, the U.S. Department of Justice plays a role in enforcing Section 508 compliance through consent decrees. These decrees have been issued against various organizations, compelling them to make their information and communication technology (ICT) accessible. - Accessible Canada Act: The ACA establishes the Accessibility Standards Canada (ASC) to create standards. It includes mechanisms like inspections, progress reporting, and penalties for non-compliance.
What if my organization works in both countries?
- Develop Accessibility Plans:
- Create and update plans to address barriers in ICT, communication, environments, and services.
- Consult with individuals with disabilities for plan development.
- Training and Awareness:
- Provide training on Section 508 and ACA requirements, accessible content, and assistive technologies.
- Promote a culture of inclusivity.
- Testing and Feedback:
- Use tools to test digital content for accessibility compliance.
- Set up feedback mechanisms for users with disabilities to address issues.
- Collaborate Across Borders:
- Work with stakeholders in both countries to harmonize accessibility efforts.
- Align practices with IT, procurement, and legal teams.
- Monitor and Report:
- Regularly monitor compliance and publish progress reports as required by the ACA.
- Include accessibility in procurement processes for Section 508 compliance.
Nest Steps for Compliance
- Review WCAG Standards: Both laws reference WCAG; start with these guidelines for digital content.
- Evaluate Scope: Determine if your organization falls under Section 508, the ACA, or both.
- Regularly Review Changes: Keep up with updates to both laws to maintain compliance.
Ready to review your organization’s needs? Talk with an expert at MasterWord about supporting your Language Access Plan with Section 508 and ACA compliant solutions: [email protected].