New Manitoba accessibility requirements for private businesses & non-profits: How to comply by May 2025

Starting May 1, 2025, all organizations in Manitoba are required to comply with The Accessible Information and Communication Standard Regulation (Manitoba) (the “Standard”).

Government and designated public sector organizations, government agencies, educational institutions and large municipalities are already required to comply with the Standard. However, as of May 1, 2025, all other organizations, including private sector and non-profit organizations, will also be subject to certain requirements.

The Standard is the third regulation issued under The Accessibility for Manitobans Act (Manitoba) (the “AMA”), which aims to improve accessibility for people with disabilities. The AMA applies to all organizations that employ at least one person, including private businesses (e.g. shops, restaurants, hotels, legal, health care and other professional services) and non-profit organizations (e.g. charities, unions, community organizations, places of worship and member associations). This means that even small businesses or volunteer-run non-profits must ensure that they are complying with the Standard. There are also additional requirements for businesses and non-profit organizations with 50 or more employees.

1. Steps to ensure compliance

By May 1, 2025, and on an ongoing basis, private businesses and non-profit organizations must do the following:

Provide accessible information and formats:

Inform their employees and the public that information is available in accessible formats and through communication supports on request.

Organizations must consult with any person requesting accessible information to identify the support or format that would remove the accessibility barrier and provide such information in a timely manner without imposing a cost or fee that would not be imposed on a person who did not make a request. For example, if a customer with a visual impairment requests a menu in large print or braille, the restaurant must be able to readily provide these accommodations at no cost to the customer.

Owners of franchises and other organizations should also ensure that in-store signage and promotional materials are available in accessible formats upon request.

Update web content and web applications:

Ensure web content (defined as information published on an organization’s internet website) that is required to access goods and services, all newly published web content and all new and updated web applications meet or exceed WCAG 2.1 Level AA guidelines. For instance, a retail store must ensure its website is accessible to customers using screen readers and other assistive technologies. (There are certain exceptions to this obligation that we have not included in this article.)

Receive and respond to feedback:

Provide a process for receiving and responding to feedback on the accessibility of the organization’s information and communication. For example, a non-profit organization can request feedback through a survey pop-up on its website or via a link on donation receipts.

Organizations must also document the actions they take to respond to the feedback they receive and make that information available on request. A business, for instance, can designate a staff member to handle accessibility-related feedback from customers.

Provide training:

Provide training to any person who communicates directly to the public or to another organization in Manitoba on behalf of the organization, including employees, agents and volunteers. Organizations must also provide training to any person who develops or maintains its web content, purchases or procures information technology or communication tools, develops or implements its accessible information and communication policies and practices, or provides information to the public or to other organizations in Manitoba.

The training must include:

• instruction on how to identify, prevent and remove barriers to accessible communication;
• instruction on how to provide information through a communication support or accessible format; and
• a review of The Human Rights Code (Manitoba), the AMA and the Standard.

Training must be provided to applicable persons as soon as reasonably practicable and be provided on an ongoing basis in accordance with changes to the organization’s accessible communication measures, policies and practices. For example, a business hosting a community event should train its volunteers on how to assist guests with disabilities and how to find accessible formats and communication supports.

Large employers must keep records:

Organizations with 50 or more employees must keep a written record of accessibility and training policies, any measures taken as well as a summary of their training materials and when training is offered. These organizations must also let the public know that their accessibility and training policies are available on request.

2. Enforcement process and penalties

The Accessibility Compliance Secretariat (the “Secretariat”) is responsible for compliance and enforcement under the AMA and its associated Standards. Pursuant to the AMA, the Secretariat has broad powers to conduct compliance audits and issue orders and/or penalties.

Generally, the Secretariat’s approach to compliance is to first assist organizations in becoming compliant with the Standard before escalating to use of a formal order or fines.

There are five steps to the compliance framework:

1. Educating into compliance: The Secretariat will provide education and support to organizations in a way that encourages and promotes compliance with the AMA and its Standards. This may include targeted outreach, raising awareness and developing resources and training. While the efforts to educate an organization into compliance typically occur prior to the compliance deadline of May 1, 2025, the Secretariat will continue educating into compliance efforts during various steps of the compliance framework.
2. Selecting organizations for compliance period actions: Organizations may be selected for compliance period actions based on random selection, targeted and sector-specific selection, substantiated concerns about the organization, information provided by partners that work with the organization or an organization’s non-response to requests about their compliance status. A compliance period is a time when an organization needs to comply with requirements under the act and its regulations. If an organization is found to not be in compliance, and if educating does not lead to compliance, the organization will be escalated to the next step of the framework.
3. Reviews: Organizations may be notified that they have been selected for a review. Actions in this step may include a review of an organization’s written policies and conversations with the organization. This step is less formal than an inspection. If the results of a review indicate non-compliance, a return to compliance plan or an “Achieving Compliance Plan” will be developed, allowing the organization to return to compliance through training, guidance and sharing of tools and resources. An Achieving Compliance Plan is a formal notice from the Secretariat that identifies an organization’s area(s) of non-compliance with the AMA. The Plan will include the legislative reference and its requirement, the observed area of non-compliance and the steps and timeframe required to achieve compliance.
4. Inspections: An organization may be inspected with or without advance notice. Actions in this step may include site visits or an examination of written records. An inspector may also observe the practices of an organization or interview staff to gather information. Organizations that are being inspected are required to produce or make available all records and things that the inspector may require. If necessary, the inspector will identify what the organization needs to do comply and provide a timeframe, and then re-inspect to verify compliance. If the results of the inspection demonstrate non-compliance, an organization will be provided the opportunity to return to compliance through training, guidance and sharing of tools and resources. If these efforts not successful in achieving compliance, enforcement measures may be taken in accordance with the next step of the process.
5. Sanctioning: Actions in this step include issuing an order or administrative penalty or laying charges for an offence with a fine:
   • Orders: An inspector may issue an order which specifies the steps an organization must take to come into compliance and the time period within which the steps must be completed. If non-compliance continues past the due date of the order, an administrative penalty may be imposed.
   • Administrative penalty: The director may issue a notice of an administrative penalty for non-compliance with an inspector’s order. While the AMA does not have a set administrative fee schedule, the Secretariat is currently preparing a regulation setting out a framework for the issuance of administrative penalties, including the amount of the administrative penalties associated with specific violations of the AMA. The Minister has indicated that the amount of the penalty will vary depending on different factors such as the severity and history of the organization’s compliance status. However, to date, this regulation has not been made public.Pursuant to section 32 of the AMA, the director may issue public reports disclosing details of orders and administrative penalties under the AMA. This disclosure may include personal information. Currently, there is no public registry which lists organizations that have been found to be non-compliant; however, the Secretariat’s Office has indicated that the implementation of a public registry is being considered.
   • Offence and fine: If an organization fails to pay the administrative penalty or remains non-compliant (even after paying the administrative penalty), it may be charged with an offence and be liable on summary conviction to a fine of not more than $250,000. The Secretariat’s Office has indicated that to date, no such fines have been imposed on an organization.Additionally, pursuant to section 34(2) of the AMA, if a corporation commits an offence under the AMA, a director, officer, employee or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

The Secretariat has been clear that the first action will always be to support organizations to achieve or return to compliance. Enforcement, including sanctions such as written orders and fines, will be a last resort.

Key takeaways

Starting May 1, 2025, private businesses and non-profit organizations in Manitoba will be required to comply with the Accessible Information and Communication Standard Regulation to ensure greater accessibility for individuals living with disabilities.

Obligations include, but are not limited to, providing information and communication in accessible formats, updating web content and web applications, and training employees, volunteers and other personnel on accessible communication practices.

To ensure full compliance by May 1, 2025, private businesses and non-profit organizations should review their current policies, practices, and digital content to identify any gaps in accessibility or compliance.

With years of experience providing legal advice to businesses, non-profits and other organizations, our labour & employment and technology, intellectual property & privacy teams would be pleased to guide you through questions related to compliance, technology and other aspects of accessibility legislation. Contact us to learn more.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.

Share