Accessible Canada Regulations

Accessible Canada Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, pursuant to subsections 91(1) and 117(1) of the Accessible Canada Acta, makes the annexed Accessible Canada Regulations. S.C. 2019, c. 10 Definitions The following definitions apply in these Regulations. Act means the Accessible Canada Act. (Loi) band has the same meaning as in subsection 2(1) of the Indian Act. (bande) employee means any person employed by a regulated entity described 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 excludes a person employed under a program designated by the employer as a student employment program; and a student employed solely during the student’s vacation periods. (employé) planning and reporting cycle means a period of three consecutive years the first year of which is a year in which there is a date by which a regulated entity is required to publish a version of an accessibility plan under section 47, 56, 65 or 69 of the Act, as the case may be and in which the second and third years are years in which there is a date by which a regulated entity is required to publish a progress report under section 49, 58, 67 or 71 of the Act, as the case may be. (cycle de planification) WCAG means the most recent version that is available in both English and French of the Web Content Accessibility Guidelines, published by the World Wide Web Consortium. (WCAG) year means a calendar year. (année) Average number of employees — year For the purposes of these Regulations, the average number of employees during a year is the sum of the number of employees at the time in each month during that year when the number of employees is the greatest, divided by 12 and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number. Average number of employees — planning and reporting cycle For the purposes of these Regulations, the average number of employees during a planning and reporting cycle is the sum of the average number of employees during each year of the planning and reporting cycle, divided by three and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number. Band With respect to a band, the following entities and persons are exempted from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act and sections 3 to 19 of these Regulations until the day before the fifth anniversary of the day on which these Regulations come into force: a council of the band, as defined in subsection 2(1) of the Indian Act; and an entity or person — other than one that carries on a business — that carries on an undertaking that is not within the legislative authority of a province for or on behalf of the council of the band, as defined in subsection 2(1) of the Indian Act, or on the band’s reserve lands. Fewer than 10 employees — year A regulated entity described in paragraph 7(1)(e) or (f) of the Act is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act if that entity has an average of fewer than 10 employees during the later of the year before the year in which the entity’s first planning and reporting cycle would have started but for this exemption, and the year in which the regulated entity is established. Fewer than 10 employees — planning and reporting cycle A regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of fewer than 10 employees during a planning and reporting cycle is exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act, effective the last day of the planning and reporting cycle. Cessation of exemption An exemption under subsection (1) or (2) ceases to have effect during any year in which the regulated entity has an average of 10 employees or more. Initial accessibility plan Subject to subsections (2) and (3), for the purposes of subsections 47(1), 56(1), 65(1) and 69(1) of the Act, the fixed day is for a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act, December 31, 2021; for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 employees or more during the year in which these Regulations come into force, June 1, 2022; and for a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 10 to 99 employees during the year in which these Regulations come into force, June 1, 2023. New regulated entity If a regulated entity is established or becomes subject to the Act during any year after the year in which these Regulations come into force, the fixed day for that entity is June 1 of the year following the year in which the entity is established or becomes subject to the Act, as the case may be. Entity no longer exempt If a regulated entity ceases to be exempt in accordance with subsection 3(3) and has never prepared and published an initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, the fixed day for that entity is the later of June 1 of the second year after the year in which these Regulations come into force, and June 1 of the first year in which the regulated entity has an average of 10 employees or more after the year in which it has ceased to be exempted. Updated accessibility plan Subject to subsection (5), for the purposes of subsections 47(2), 56(2), 65(2) and 69(2) of the Act, the applicable period is 36 months beginning on the date by which the plan was last required to be published. The applicable period for a regulated entity that has ceased to be exempt in accordance with subsection 3(3) and that, before becoming exempt, had completed at least one planning and reporting cycle is 12 months after June 1 of the first year in which the entity has an average of 10 employees or more after the year in which it has ceased to be exempted. Language and headings An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2), or 69(1) or (2) of the Act must be written in simple, clear and concise language and must include the following headings: “General”; a heading for each area identified under paragraph 47(1)(a), 56(1)(a), 65(1)(a) or 69(1)(a) of the Act, as the case may be; and “Consultations”. “General” heading The information that is contained under the heading “General” must include the position title of the person designated to receive feedback on behalf of the regulated entity and the manner and information by which the public can communicate with the regulated entity, including the mailing address of its publicly accessible businesses, a telephone number and an email address in order to request the entity’s accessibility plan in a format referred to in subsection 8(2); request the description of the entity’s feedback process in a format referred to in subsection 9(5); or provide feedback. “Consultations” heading The information that is contained under the heading “Consultations” is the information referred to in subsection 47(5), 56(5), 65(5) or 69(5) of the Act, as the case may be. Publication An accessibility plan that is required by subsection 47(1) or (2), 56(1) or (2), 65(1) or (2) or 69(1) or (2) of the Act must be published in a format that meets the requirements for Level AA conformance that are set out in the WCAG; on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public; and in a manner that makes the plan accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage. No digital platform accessible to public A regulated entity that does not have a digital platform that is made available to the public must publish its accessibility plan by displaying a printed copy of the plan in a location where it is clearly visible and accessible to the public in the reception area or entrance of each of its places of business. Notice to Accessibility Commissioner For the purposes of subsections 47(3), 56(3), 65(3) and 69(3) of the Act, within 48 hours after a version of the accessibility plan is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the plan, the hyperlink to that URL address or the mailing addresses of the places of business where that version of the plan is published. Manner of request A request for an accessibility plan referred to in subsection 47(8), 56(8), 65(8) or 69(8) of the Act must be made by mail, telephone, email or by any other means the regulated entity uses to communicate with the public. Format A person may make a request under subsection 47(7), 56(7), 65(7) or 69(7) of the Act that a regulated entity make its accessibility plan available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities. Deadlines — accessibility plan For the purposes of subsections 47(7), 56(7), 65(7) and 69(7) of the Act, the accessibility plan must be made available to the person making a request as soon as feasible but, at the latest, 45 days after the day on which the request is received, in the case of a request for a plan in Braille or audio format; or in the case of a request for a plan in any other format, 15 days after the day on which the request is received, in the case of a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act, 15 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 100 or more employees during the year preceding the day on which the request is received, or 20 days after the day on which the request is received, in the case of a regulated entity described in paragraph 7(1)(e) or (f) of the Act that has an average of 99 or fewer employees during the year preceding the day on which the request is received. Designated person to receive feedback When establishing a feedback process under subsection 48(1), 57(1), 66(1) or 70(1) of the Act, a regulated entity must designate a person responsible for receiving feedback on behalf of the entity and provide the position title of that person. Anonymous feedback The regulated entity must ensure that feedback process allows a person to provide feedback anonymously. Feedback — means The regulated entity must ensure that feedback process allows a person to provide feedback by mail, telephone, email and by any other means the regulated entity uses to communicate with the public. Acknowledgment of feedback The regulated entity must ensure that acknowledgment of receipt is included in the feedback process, unless the feedback is received anonymously, in the same means by which it is received. A person may request that a regulated entity make the description of its feedback process referred to in section 48, 57, 66 or 70 of the Act available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that assists persons with disabilities. Deadlines — description of feedback process The regulated entity must make the description of its feedback process available to the person in the requested format as soon as feasible but, at the latest, 45 days after the day on which the request is received, in the case of a request for the description in Braille or audio format; or in the case of a request for the description in any other format, For the purposes of subsections 48(2), 57(2), 66(2) and 70(2) of the Act, the description of the feedback process must be published in simple, clear and concise language; on the main digital platform that the regulated entity owns, operates or controls and that it uses to communicate with the public; in a manner that makes the description accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage; at the same time as the regulated entity publishes its initial accessibility plan under subsection 47(1), 56(1), 65(1) or 69(1) of the Act, as the case may be. A regulated entity that does not have a digital platform that is made available to the public must publish a description of its feedback process by displaying a printed copy of the description together with its accessibility plan. Amendment of feedback process If a regulated entity amends its feedback process established under subsection 48(1), 57(1), 66(1) or 70(1) of the Act, it must publish a description of the new version of the process in accordance with section 10 other than paragraph 10(1)(e), as soon as feasible. For the purposes of subsections 48(3), 57(3), 66(3) and 70(3) of the Act, within 48 hours after a description of a version of its feedback process is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the description, the hyperlink to that URL address or the mailing addresses of the places of business where the description of that version of the process is published. Timeline An entity must publish a progress report referred to in subsection 49(1), 58(1), 67(1) or 71(1) of the Act, as the case may be, by the anniversary of the date by which the accessibility plan was last required to be published for each year in which there is no date by which a version of the accessibility plan is required to be published. A progress report that is required by subsection 49(1), 58(1), 67(1) or 71(1) of the Act must be written in simple, clear and concise language and must include the following headings: a heading for each area identified under paragraph 47(1)(a), 56(1)(a), 65(1)(a) or 69(1)(a) of the Act, as the case may be; “Consultations”; and “Feedback”. request the entity’s progress report in a format referred to in subsection 17(2); The information that is contained under the heading “Consultations” is the information referred to in subsection 49(4), 58(4), 67(4) or 71(4) of the Act, as the case may be. “Feedback” heading The information that is contained under the heading “Feedback” is the information referred to in subsection 49(5), 58(5), 67(5) or 71(5) of the Act, as the case may be. A progress report that is required by subsection 49(1), 58(1), 67(1) or 71(1) of the Act must be published in a format that meets the requirements of Level AA conformance that are set out in the WCAG; in a manner that makes it accessible on the digital platform either directly on the home screen or homepage or by way of a hyperlink from that home screen or homepage. A regulated entity that does not have a digital platform that is made available to the public must publish each of its progress reports by displaying a printed copy of the report in a location where it is clearly visible and accessible to the public in the reception area or entrance of each of its places of business. For the purposes of subsections 49(2), 58(2), 67(2) and 71(2) of the Act, within 48 hours after its progress report is published, a regulated entity must notify the Accessibility Commissioner of the publication by email or other electronic means and provide in the notice to the Accessibility Commissioner either the URL address of the report, the hyperlink to that URL address or the mailing addresses of the places of business where the report is published. A request for a progress report referred to in subsection 49(7), 58(7), 67(7) or 71(7) of the Act must be made by mail, telephone, email or by any other means the regulated entity uses to communicate with the public. A person may make a request under 49(6), 58(6), 67(6) or 71(6) of the Act that a regulated entity make its progress report available to them in print, large print, Braille, audio format or an electronic format that is compatible with adaptive technology that is intended to assist persons with disabilities. Deadlines — progress report For the purposes of subsections 49(6), 58(6), 67(6) and 71(6) of the Act, the progress report must be made available to the person making a request as soon as feasible but, at the latest, 45 days after the day on which the request is received, in the case of a request for a progress report in braille or audio format; or in the case of a request for a progress report in any other format, Plan and report If a regulated entity has prepared and published a version of an accessibility plan under section 47, 56, 65 or 69 of the Act or a progress report under section 49, 58, 67 or 71 of the Act and it has a digital platform that is accessible to the public, the regulated entity must retain that version of the plan or that report, as the case may be, on the platform for a period of seven years beginning on the date by which that version of the plan or that report, as the case may be, was required to be published. If a regulated entity has prepared and published a version of an accessibility plan under section 47, 56, 65 or 69 of the Act or a progress report under section 49, 58, 67 or 71 of the Act and it does not have a digital platform that is accessible to the public, the regulated entity must retain an electronic or print copy of that version of the plan or of the report, as the case may be, in such a manner that it is accessible to the public for a period of seven years beginning on the date by which that version of the plan or that report, as the case may be, was required to be published. Description If a regulated entity has published a description of its feedback process under subsection 48(2), 57(2), 66(2) or 70(2) of the Act and it has a digital platform that is accessible to the public, the regulated entity must retain the most recent version of the description on the platform for a period of seven years beginning on the day on which the description is published or, if it is longer, for a period beginning on the day on which the description is published and ending on the day on which a new description of the feedback process is published. If a regulated entity has published a description of its feedback process under subsection 48(2), 57(2), 66(2) or 70(2) of the Act and it does not have a digital platform that is accessible to the public, the regulated entity must retain an electronic or print copy of the most recent version of the description in such a manner that it is accessible to the public for a period of seven years beginning on the day on which the description is published or, if it is longer, for a period beginning on the day of its publication and ending on the day on which a new description of the feedback process is published. Feedback A regulated entity must retain an electronic copy or print copy of any feedback it receives under section 9 for a period of seven years beginning on the day on which it is received. Service — individual Service of any notice or order made under the Act on an individual named in the notice or order may be made personally, by leaving a copy of it with the individual at any place or, if it is not feasible to find the individual, with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence; by sending a copy of it by registered mail or courier to the individual’s last known address or usual place of residence; or by sending a copy of it to the individual by fax, email or other electronic means, followed by a copy of the notice or order to be sent either by registered mail or courier within 48 hours after the day of the original transmission. Service — regulated entity Service of any notice or order made under the Act on a regulated entity named in the notice or order may be made by leaving a copy of it at the entity’s head office or place of business with its agent or mandatary or with an officer or other individual who appears to manage or be in control of the head office or place of business; sending a copy of it by registered mail or courier to the head office or place of business of the entity or its agent or mandatary; or sending a copy of it by fax, email or other electronic means to any individual referred to in paragraph (a), followed by a copy of the notice or order to be sent either by registered mail or courier within 48 hours after the day of the original transmission. Date of service — signature If a certificate of service of a notice or order on a regulated entity or individual named in the certificate states the means of service, the individual who signs the certificate is deemed to have served the notice or order on the date that is determined under subsection (2). Date of deemed service A notice or order served in accordance with section 20 or 21 is deemed to have been served in the case of service made under paragraph 20(a) or 21(a), on the day on which it is left with an individual in paragraph 20(a) or 21(a), as the case may be; in the case of service made under paragraph 20(b) or 21(b), on the 10th day after the date indicated on the receipt issued by the post office or courier; and in the case of service made under paragraph 20(c) or 21(c), on the day of its original transmission. Definition of small business For the purposes of this Part and Schedule 2, small business means a regulated entity referred to in paragraph 7(1)(e) or (f) of the Act that has an average of fewer than 100 employees during the year before the year in which it is served with a notice of violation under the Act or, if the regulated entity has been established for less than one year, an average of fewer than 100 employees on the day on which the notice of violation is issued. Classification A violation of a provision that is set out in column 1 of a Part of Schedule 1 is classified as a minor, serious or very serious violation as set out in column 2 of that Part. Penalty range The range of penalties in respect of a violation within a classification set out in column 1 of a Part of Schedule 2 that is committed by a person other than a regulated entity, a small business or a regulated entity that is not a small business is set out in column 2 of that Part for a first violation, in column 3 for a second violation, in column 4 for a third violation and in column 5 for a fourth or subsequent violation. Prior violations For the purposes of subsection (1), only prior violations that the regulated entity or person is deemed or determined to have committed during the five years before the day on which the notice of violation is served are taken into account. Determining penalty amount The amount of the penalty is determined by the formula is the maximum amount in the applicable range of penalties set out in column 2, 3, 4 or 5, as the case may be, of the applicable Part of Schedule 2; is the minimum amount in the applicable range of penalties set out in column 2, 3, 4 or 5, as the case may be, of the applicable Part of Schedule 2; and is the gravity value. Gravity value Subject to subsection (3), for the purpose of subsection (1), the gravity value is the sum of the values from the gravity scale set out in column 2 of the table to this subsection that are ascribed to each of the applicable criteria set out in column 1. A lower or negative gravity value reflects a mitigating factor, while a higher or positive gravity value reflects an aggravating factor. Zero gravity value If the gravity value would, but for this subsection, be a negative amount, it is deemed to be zero. Lesser amount For the purposes of subparagraph 79(1)(b)(iii) of the Act, the lesser amount is an amount equal to 90% of the penalty and the time period for the payment is 15 days after the day on which the notice of violation is served. Day of payment For the purpose of subsection (1), an amount is deemed to be paid if sent by electronic means, on the day indicated by the electronic system used by the Accessibility Commissioner for the purpose of receiving electronic payments; if sent by regular mail, on the day indicated on the postmark stamped on the envelope, or if no postmark is legible, on the day on which the Accessibility Commissioner receives the payment; or if sent by registered mail or courier, on the day indicated on the receipt issued by the post office or the courier. Registration These Regulations come into force on the day on which they are registered. The definition employee in subsection 1(1) of the Accessible Canada Regulations1 is replaced by the following: SOR/2021-241 employee includes a dependent contractor as defined in subsection 3(1) of the Canada Labour Code. (employé) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order: broadcasting or telecommunications entity means an entity that carries on a broadcasting undertaking or that is a Canadian carrier or a telecommunications service provider. (entité de radiodiffusion ou de télécommunication) federal public sector entity means a regulated entity described in any of paragraphs 7(1)(a) to (d) of the Act. (entité du secteur public fédéral) transportation service provider means an entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act. (fournisseur de services de transport) Subsection 1(3) of the Regulations is replaced by the following: Average number of employees — period of years For the purposes of these Regulations, the average number of employees during a given period of years is the sum of the average number of employees during each year in that period, divided by the number of years in the period and rounded to the nearest whole number or, if the value is equidistant between two whole numbers, rounded up to the nearest whole number. Number of employees — exclusion For the purposes of subsections (2) and (3), the number of employees excludes any person employed under a program designated by the employer as a student employment program; and any student employed solely during the student’s vacation periods. The portion of section 2 of the Regulations before paragraph (a) is replaced by the following: With respect to a band, the following entities and persons are exempt from the application of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 of the Act and sections 3 to 19.9 of these Regulations until December 31, 2033: Subparagraph 8(3)(b)(i) of the Regulations is replaced by the following: 15 days after the day on which the request is received, in the case of a federal public sector entity, Subparagraph 9(6)(b)(i) of the Regulations is replaced by the following: Subparagraph 17(3)(b)(i) of the Regulations is replaced by the following: The Regulations are amended by adding the following after section 19: The following definitions apply in this Part. employee-facing, with respect to a web page of a regulated entity, means primarily intended for use by that regulated entity’s employees. (destinée aux employés) heritage content means content consisting of reproductions or representations of documents or other items that is maintained by a regulated entity primarily for reasons of historical, artistic or aesthetic interest. (contenu patrimonial) ICT Standard means the standard CAN/ASC - EN 301 549, Accessibility requirements for ICT products and services, published by Accessibility Standards Canada, as amended from time to time. (norme TIC) web page has the same meaning as in clause 3.1 of the ICT Standard. (page Web) Day on which section first applies In this Part, a reference to the day on which a section first applies to an entity means the later of the day on which the section comes into force, and the first day on which the entity is an entity referred to in the section, regardless of whether there is subsequently any period in which it ceases to be such an entity. Feasibility of conformity For the purposes of this Part, the following factors are relevant to determining the extent to which it is feasible for a web page to conform to the requirements of the ICT Standard: the availability of technology that would permit conformity; the existence of significant obstacles to the implementation of the technology and any efforts by the regulated entity to overcome those obstacles; and the regulated entity’s degree of control over the web page, including under any agreement with a third party. Employee-facing web pages A federal public sector entity must, unless it is a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, ensure that each of its employee-facing web pages that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to employees. Alternative measures To the extent that conformity with the applicable requirements of the ICT Standard is not feasible, the entity must, if this non-conformity imposes barriers on users or potential users of the web page, ensure that other reasonable measures to remove those barriers are taken, including the establishment of alternative means for accessing the key information that is provided on the web page or for performing the tasks associated with the web page. Exceptions to alternative measures Subsection (2) does not apply in respect of any maps, mapping services or technical drawings or images on the web page. Exceptions — certain content This section does not apply in respect of heritage content, user-generated content or content that is accessed through a collaborative digital environment. Other web pages A federal public sector entity that is not a broadcasting or telecommunications entity or a transportation service provider must ensure that each of its web pages that is not employee-facing and that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to the public. This section does not apply in respect of heritage content or user-generated content. Accessibility statement A federal public sector entity must publish an accessibility statement no later than the day on which any obligation under this Part first applies to it and then once every 12 months. Requirements The accessibility statement must meet the following requirements: it must be written in simple, clear and concise language; it must indicate the date on which it is published; it must provide the entity’s contact information in relation to accessibility matters, including at least two of the following: an email address, a telephone number, a mailing address; it must include an acknowledgement of the entity’s obligations under this Part; it must describe the accessibility features of the web pages to which it relates; it must provide an overview of any instances in which an obligation to conform to the ICT Standard is not being met; if any instances referred to in paragraph (f) are the result of conformity with the ICT Standard not being feasible and the non-conformity imposes barriers on users or potential users of the web page, it must describe the other measures that have been taken, if required, to remove those barriers, including the alternative means that have been established for accessing information or performing tasks; it must describe the entity’s plans and timelines for addressing gaps in its conformity with the ICT Standard; and it must be accessible from a prominent location on each web page to which it relates. Retention The entity must retain an electronic copy of the accessibility statement until the fourth anniversary of the day on which it is published. Conformity assessment — retention A regulated entity that conducts or obtains a conformity assessment against the ICT Standard in respect of any web page in relation to which the entity has obligations under this Part must retain an electronic copy of the report produced in relation to the assessment, including any gap analysis, until the fourth anniversary of the day on which the assessment is completed. Training Each of the following regulated entities must ensure that each of its employees who are involved in the development, maintenance or procurement of information and communication technologies has received training on accessibility fundamentals in relation to those technologies, including refresher training at least once every three years: a federal public sector entity other than a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply; and a regulated entity described in paragraph 7(1)(e) of the Act, other than a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, that had an average of 100 or more employees during the preceding three-year period. Record The regulated entity must retain an electronic record of all training provided under this section until the fourth anniversary of the day on which the training is provided. Alternatives to ICT Standard Any requirement under this Part to conform to the ICT Standard may be satisfied by instead conforming to any version of the European Telecommunications Standards Institute (ETSI) standard EN 301 549, Accessibility requirements for ICT products and services, that was published more recently than the current version of the ICT Standard; or the version of the ICT Standard that immediately precedes its current version, if the current version was published within the last three years. The definition employee-facing in section 19.1 of the Regulations is replaced by the following: employee-facing, with respect to a web page or mobile application of a regulated entity, means primarily intended for use by that regulated entity’s employees. (destinée aux employés) Section 19.1 of the Regulations is amended by adding the following in alphabetical order: non-web document has the same meaning as in clause 3.1 of the ICT Standard. (document non Web) The portion of section 19.3 of the Regulations before paragraph (a) is replaced by the following: For the purposes of this Part, the following factors are relevant to determining the extent to which it is feasible for a web page, mobile application or non-web document to conform to the requirements of the ICT Standard: Paragraph 19.3(c) of the Regulations is replaced by the following: the regulated entity’s degree of control over the web page, mobile application or non-web document, including under any agreement with a third party. The Regulations are amended by adding the following after section 19.3: Acting for another A regulated entity described in paragraph 7(1)(f) of the Act that acts in the name of or for the benefit of an entity that has obligations under this Part has those same obligations in relation to that other entity, and any failure by the regulated entity described in paragraph 7(1)(f) of the Act to meet any of those obligations is, for the purposes of Part 3, to be considered a violation of the provision that imposes the obligation on the other entity. Subsection 19.4(1) of the Regulations is replaced by the following: Each of the following regulated entities must, unless it is a transportation service provider to which Part 1 of the Accessible Transportation for Persons with Disabilities Regulations does not apply, ensure that each of its employee-facing web pages that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to employees: a federal public sector entity; and a regulated entity described in paragraph 7(1)(e) of the Act that had an average of 100 or more employees during the preceding three-year period. Subsection 19.5(1) of the Regulations is replaced by the following: Each of the following regulated entities must ensure that each of its web pages that is not employee-facing and that is created or updated on or after the day on which this section first applies to the entity conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 9 of the ICT Standard for as long as the web page remains available to the public: a federal public sector entity other than a broadcasting or telecommunications entity or a transportation service provider; and a regulated entity described in paragraph 7(1)(e) of the Act, other than a broadcasting or telecommunications entity or a transportation service provider, that had an average of 100 or more employees during the preceding three-year period. The Regulations are amended by adding the following after section 19.5: Mobile applications Each of the following regulated entities must ensure that any mobile application that it launches on or after the day on which this section first applies to the entity and that is not employee-facing conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 11 of the ICT Standard for as long as the application remains available for download: a regulated entity described in paragraph 7(1)(e) of the Act, other than a broadcasting or telecommunications entity or a transportation service provider, that had an average of 500 or more employees during the preceding three-year period. To the extent that conformity with the applicable requirements of the ICT Standard is not feasible, the regulated entity must, if this non-conformity imposes barriers on users or potential users of the mobile application, ensure that other reasonable measures to remove those barriers are taken, including the establishment of alternative means for accessing the key information that is provided in the mobile application or for performing the tasks associated with the mobile application. Subsection (2) does not apply in respect of any maps, mapping services or technical drawings or images in the mobile application. Conformity assessment — other mobile applications If a regulated entity referred to in paragraph (1)(a) or (b) continues to make available for download a mobile application that it launched before the day on which this section first applied to the entity and that is not employee-facing, it must conduct or obtain a conformity assessment, including a gap analysis, against the applicable requirements set out in clauses 4 to 7 and 11 of the ICT Standard with respect to that mobile application. Non-web documents Each of the following regulated entities must ensure that any non-web document that, on or after the day on which this section first applies to the entity, is made available for download from any of its web pages, or mobile applications, that are not employee-facing conforms, to the extent feasible, to the applicable requirements set out in clauses 4 to 7 and 10 of the ICT Standard for as long as the document remains available for download: To the extent that conformity with the applicable requirements of the ICT Standard is not feasible, the regulated entity must, if this non-conformity imposes barriers on users or potential users of the non-web document, ensure that other reasonable measures to remove those barriers are taken, including the establishment of alternative means for accessing the key information that is provided in the document or for performing the tasks associated with the document. Subsection (2) does not apply in respect of any maps, mapping services or technical drawings or images in the non-web document. Exception — certain content Subsection 19.6(1) of the Regulations is replaced by the following: Each of the following regulated entities that has an obligation under this Part must publish an accessibility statement no later than the day on which the obligation first applies to it and then once every 12 months: a regulated entity described in paragraph 7(1)(e) of the Act that had an average of 500 or more employees during the preceding three-year period. Paragraph 19.6(2)(e) of the Regulations is replaced by the following: it must describe the accessibility features of the web pages, mobile applications and non-web documents to which it relates; Paragraph 19.6(2)(g) of the Regulations is replaced by the following: if any instances referred to in paragraph (f) are the result of conformity with the ICT Standard not being feasible and the non-conformity imposes barriers on users or potential users of the web page, mobile application or non-web document, it must describe the other measures that have been taken, if required, to remove those barriers, including the alternative means that have been established for accessing information or performing tasks; Paragraph 19.6(2)(i) of the Regulations is replaced by the following: it must be accessible in the case of a statement that relates to a web page, from a prominent location on the web page, in the case of a statement that relates to a mobile application, from a prominent location on the application’s home screen, and in the case of a statement that relates to a non-web document, from a prominent location on each web page from which the document is available for download and from a prominent location on the home screen of each mobile application from which the document is available for download. Section 19.7 of the Regulations is replaced by the following: Procurement Each of the following regulated entities that initiates a process to procure products or services in connection with the development or provision of any web page or mobile application in relation to which the entity has obligations under this Part must obtain, as part of the procurement process, a conformity assessment, including a gap analysis, against the applicable requirements of the ICT Standard with respect to the web page or mobile application: a federal public sector entity other than a broadcasting or telecommunications entity; and a regulated entity described in paragraph 7(1)(e) of the Act, other than a broadcasting or telecommunications entity, that had an average of 500 or more employees during the preceding three-year period. A regulated entity that conducts or obtains a conformity assessment against the ICT Standard in respect of any web page or mobile application in relation to which the entity has obligations under this Part must retain an electronic copy of the report produced in relation to the assessment, including any gap analysis, until the fourth anniversary of the day on which the assessment is completed. Part 3 of Schedule 1 to the Regulations is amended by adding the following after item 10: Part 3 of Schedule 1 to the Regulations is amended by adding the following after item 14: Part 3 of Schedule 1 to the Regulations is amended by adding the following after item 17: