Canada

Canada

At a glance

• The Canadian Government passed the Accessible Canada Act in 2019, with the intention of becoming “barrier-free” by 2040. 
• Canada signed the UN Convention on the Rights of Persons with Disabilities in 2007 and ratified it in 2010. 

Key stats

• 27 per cent of Canadians over 15 years old are disabled (Canadian Survey on Disability, 2022). 
• 62 per cent of working age adults (25-64) with disabilities are employed (Canadian Survey on Disability, 2022). 

The law

• Disability legislation – Disability inclusion in Canada is governed mainly by four laws: 
  • Accessible Canada Act (2019) – Aims to create a “Canada without barriers by 2040” by requiring organisations to identify and remove accessibility barriers, and report publicly on their progress. It applies to the federal government and the private companies it regulates (such as broadcasters, banks and trucking companies). 
  • The Employment Equity Act (1995) – Requires employers to remove barriers that disadvantage disabled people by making “reasonable accommodations.” It also requires employers to take “positive policies and practices” to hire, train, promote and retain disabled employees. 
  • The Canadian Charter of Rights and Freedoms (1982) – This modified the Canadian constitution to guarantee legal equality and prevent discrimination based on a number of characteristics, including “mental or physical ability.” 
  • The Canadian Human Rights Act (1977) – Protects Canadians from discrimination by the federal government, First Nations governments or private companies regulated by the federal government. 

• Definition of disability 
  • The Accessible Canada Act (ACA) defines disability as “any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society.” In the French version of the law, the term for disability is “handicap.” 
  • The Employment Equity Act (EEA) defines “persons with disabilities” as: “Persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment”. In the French version of the law, the term for persons with disabilities is “personnes handicapées.” 

• State governments – Canada is a federal country. Laws may vary between different states. 

Culture

• Access to healthcare – All Canadians have “reasonable access to medically necessary hospital and physician services” free of charge. 
• Official languages – Canada has two official languages: English and French. Businesses operating in Canada should use appropriate disability-related terminology in both languages. 
• Acceptable language 
  • Person-first language – Generally, businesses should use person-first language (“person with a disability”) rather than identity-first language (“disabled person”).
  • French – When using French, the most commonly-used expressions are “handicap” (disability) and “personnes handicapées” (people with disabilities). Direct translations of this language into English “such as “handicapped people”) are not generally acceptable in Canada.
  • Accommodation – When talking about changes to remove barriers to people with disabilities, Canadians usually say “accommodations.” In French, the term is usually “measures d’adaptation.”
• Unacceptable language 
  • Identity-first language – Generally, businesses should avoid using identity-first language (“disabled person”). 
  • “Handicapped” – This is not generally acceptable when talking about disability in English in Canada. This is worth noting because the acceptable French terms in Canada include “handicap” to mean “disability.” It is also not usually acceptable to refer to facilities for people with disabilities as “handicapped.” It is better to say “accessible” – such as “accessible parking.” 
• Style guide – The Canadian Government’s guide, ‘A way with words and images,’ has a table of words to use and words to avoid using. 

Employment

• Accommodations – Employers must make accommodations for employees with disabilities, except where this causes “undue hardship” – usually related to high cost. 
• Positive discrimination – Employers in Canada can choose to run “special programs” to recruit more people with disabilities. 
• Asking for information – Employers cannot require applicants or employees to tell them about health or disability unless they are responding to a request for accommodations.  
• Quotas – Canada does not require employers to employ people with disabilities as a set proportion of their workforce. 
• Data – Canadian employers are not generally required to collect data on how many people with disabilities they employ. Employers can ask applicants and employees whether they identify as disabled for the purposes of improving the number of employees with disabilities, as long as this does not lead to discrimination. 
• Incentives – The Opportunities Fund for Persons with Disabilities can provide subsidies to cover some of the salary for a new employee with a disability.  

Customers

• Canada’s Charter of Rights and Freedoms creates a constitutional right to freedom from discrimination. This includes being denied access to a service or having a lesser experience as a customer. It also requires service providers to make reasonable accommodations for customers with disabilities. 
• Laws vary between states. Organisations should check the requirements in every relevant jurisdiction. 

Built environment

• Organisations’ constitutional duty to prevent discrimination against people with disabilities extends to the built environment. Organisations must identify and remove barriers to access, as well as make reasonable accommodations for customers with disabilities. 
• The federal government has created a series of standards for accessibility of built environments,. Many are currently (October 2024) in draft form. Final versions are expected at varying times between spring 2025 and autumn 2027.
• Laws vary between states. Organisations should check the requirements in every relevant jurisdiction. 

Digital accessibility

• Organisations’ constitutional duty to prevent discrimination against people with disabilities extends to digital accessibility. Organisations must identify and remove barriers to access, as well as make reasonable accommodations for customers with disabilities. 
• The federal government has formally adopted European Standard EN 301 549, concerning ‘Accessibility requirements for ICT products and services’ into a national standard of Canada. This is CAN/ASC – EN 301 549:2024. 
• Laws vary between states. Organisations should check the requirements in every relevant jurisdiction. 

Country-specific disability organisations

• Government of Canada – The federal government of Canada has created a range of resources that organisations can use to be more inclusive in Canada. Refer to the Federal Disability Reference Guide for more information.  
• Council of Canadians with Disabilities – The CCD describes itself as ‘a national human rights organization of people with disabilities working for an inclusive and accessible Canada.’ 
• Canadian Disability Policy Alliance – The CDPA describes itself as ‘a national collaboration of disability researchers, advocates, and policy-makers, aimed at creating and mobilizing knowledge to enhance disability policy in Canada.’