Accessibility for Public Sector

Public sector organizations must meet all the Accessibility Standard for Customer Service requirements of businesses and non-profit organizations.

1. Public sector organizations with 50 or more employees, including municipalities must:
   • keep a written record of accessibility and training policies, including a summary of training materials and when training is offered
   • let the public know that accessibility and training policies are available on request

   ^* Small municipalities that have less than 50 employees are the only public sector organizations exempt from this requirement.

2. Public sector organizations, including Manitoba's 10 large municipalities*, must:
   • make public events accessible, including meetings, hearings and consultations

^* Manitoba's 10 largest municipalities, as defined by the province as cities, include Brandon, Dauphin, Flin Flon, Morden, Portage la Prairie, Selkirk, Steinbach, Thompson, Winkler and Winnipeg.

Enacted on May 1, 2019, the Accessible Employment Standard Regulation calls on all employers to consider reasonable accommodations at various stages of employment as it applies to their organization. This includes recruitment, offer of employment, on the job, return to work and training.

Workplace Emergency Requirements

All employers in the public sector had until May 1, 2020, to comply with the following two requirements:

1. Workplace Emergency Response Information
   • create emergency response information to help employees with disabilities stay safe during emergencies
2. Workplace Emergency Assistance
   • ask employees who require assistance during an emergency for permission to share information with individuals who agree to help

Reasonable Accommodation Requirements

The Accessibility Standard for Employment required employers to have measures, policies and practices to provide reasonable accommodations for employees and job applicants by May 1, 2022.

All employers need to consider reasonable accommodations at various stages of employment, such as recruitment, offer of employment, on the job, return to work and training.

Additional Requirements for Large Employers

By May 1, 2022, public sector organizations with 50 or more employees, must:

1. document in writing all accessible employment policies and practices, including the content and timeframe for training
2. make these documents publicly available and in accessible formats, by request

^* Small municipalities that have less than 50 employees are the only public sector organizations exempt from this requirement.

Enacted on May 1, 2022, the Accessible Standard for Information and Communication calls on organizations and all Manitobans to consider the ways in which people interact with or access information they provide (including digitally), to develop measures, policies and practices and provide barrier-free information and communication.

The Manitoba government will demonstrate leadership, complying within one year, by May 1, 2023.

Public sector organizations, libraries and educational institutions must comply by May 1, 2024.

Small municipalities must comply by May 1, 2025.

• Public sector organizations include Crown corporations, regional health authorities, municipal and regional libraries, Manitoba's 10 largest municipalities and government agencies, boards and commissions.
• Educational institutions include colleges, universities, adult learning centres, private vocational institutions, private and public schools and their libraries.

Requirements

To comply with the Accessible Information and Communication Standard Regulation, all employers must meet the following requirements:

1. Web applications - If an organization is launching or significantly refreshing a web application it must meet WCAG 2.1 level AA, at minimum.
   • Web application is defined as a software application that is run on a web server and accessed by a user through a web browser (does not include mobile apps).
   • Significant refresh means an update to an existing web application that changes the functionality, user base or purpose.
2. Website content - If an organization is publishing or updating website content, it must meet WCAG 2.1 level AA guidelines.
   • This applies to any website content published on or after this standard comes into force.
   • Older website content must be updated, if it is required in order to access information related to an organization's goods and services.

   ^* Please note that these requirements also apply to intranet networks for all public sector organizations (excluding small municipalities).

3. Requesting accessible information - Organizations must:
   • inform the public and employees that they can request information through a communication support or accessible format
   • this may include information related to emergency procedures or public safety
   • consult with the person making the request to identify a support or format that removes the barrier and provide it in a timely manner - ask what is needed
   • not charge the person making a request more than what would be charged to someone who didn't make a request
4. Feedback process - Organizations must:
   • must have a process to receive and respond to feedback about accessible information and communication
   • process must be appropriate to the circumstances and suitable for people with disabilities
   • must document resulting actions and make that documentation available on request
   Organizations must provide training to:
   • a person who communicates directly to the public or to another organization in Manitoba on behalf of the organization, including employees, agents and volunteers
   • if the organization is an educational institution, a person who is an educator
   • a person who develops or maintains the organization's web content
   • a person who purchases or procures information technology or communication tools
   • a person who develops or implements the organization's measures, policies and practices respecting accessible communication
5. Training content must include:
   • how to identify, prevent and remove barriers to accessible communication
   • how to provide information through a communication support or accessible format
   • a review of The Human Rights Code, The Accessibility for Manitobans Act and this Standard
   • must provide training to a person as soon as reasonably possible after that person is assigned the applicable duties
   • ongoing training needs to be provided whenever an organization updates or changes their accessible communication policies, measures or practices
6. Documentation - Certain organizations are required to:
   • write down all policies, measures and practices related to accessible information and communication, including the content and timeframe for training.
   • make these documents publicly available.
   • Documentation requirements apply to:
     • Public sector organizations (including Manitoba government)
     • Educational institutions
     • Libraries
       • Library resource procurement - A library must consider the accessibility needs of its users when procuring or purchasing library resources.
       • Duty to notify: library resources - A library must take appropriate measures to inform its users of each library resource that is currently available through a communication support or accessible format and the types of supports or formats that are available with respect to that resource.
     • Private organizations, including businesses and non-profits with 50+ employees
     • Small municipalities with 50+ employees

Exceptions

The Accessible Information and Communication Standard includes some exceptions that may apply to the requirements to:

• Provide information through a communication support or accessible format.
• Provide library resources through a communication support or accessible format.
• Meet WCAG 2.1 AA standards for accessible web content.
• Meet WCAG 2.1 AA standards for accessible web applications.

Requirements do not apply if one or more of the following conditions is met:

• It is not technically feasible to meet the requirement.
• The technology required to meet the requirement is not readily available.
• Meeting the requirement would cause the organization undue hardship.
• The organization does not have direct control over the requested information, library resource, web content, or web application.
• The information, library resource, web content, or web application relates to product labels or other product information.

Exceptions do not apply to requests received by an educational institution to provide educational materials through a communication support or accessible format. If educational material cannot reasonably be provided through a communication support or accessible format, the educational institution must provide a comparable resource to the person who made the request. Educational material includes:

• Textbooks
• Supplementary learning resources, including reference books, workbooks, and educational kits
• Student records
• Information regarding class, lesson, workshop, or programs including: descriptions, availability, scheduling, and requirements

Enacted on January 1, 2024, the Accessible Transportation Standard is the fourth standard under The Accessibility for Manitobans Act. The objective of this standard is to help operators of conventional and paratransit service providers, schools, vehicles-for-hire and municipalities create a system of transportation that is more inclusive for all Manitobans, regardless of abilities.

Requirements

The Accessible Transportation Standard includes measures related to training, policy development, equipment, vehicle design and operating matters such as fares, hours of service and routes.

Under the Accessible Transportation Standard, the following organizations will be required to adhere to basic accessibility standards with respect to transportation:

• conventional service providers
• paratransit service providers
• schools
• vehicles-for-hire
• municipalities

All public sector organizations must comply by January 1, 2027, with exception that conventional transit operators who have until January 1, 2042 to upgrade existing buses to meet physical accessibility requirements. Any new buses purchased after January 1, 2027 will have to meet accessible design requirements.

The Accessibility Standard for Design of Outdoor Public Spaces is currently in development. Check back for compliance deadlines.

Making accessibility a part of your organization's operations ensures that all Manitobans have full access to programs and services designed to meet their needs.

• An accessibility plan outlines measures your organization has taken and will take to identify, remove, and reduce barriers to accessibility. Accessibility plans should describe how public sector organizations are complying with existing standards introduced by The Accessibility for Manitobans Act. Plans should include:
• a review of the progress made in advancing accessibility, in the last 24 months.
• future priorities and action items for accessibility in the next 24 months, and any
• necessary updates to policies and procedures

Accessibility plans must be created and updated in consultation with people with disabilities, or representatives from organizations of people with disabilities. For more information about the consultation process, please visit: Accessibility Plan Consultation (PDF)

• Manitoba government: An update accessibility plan for 2023 and 2024 was due on December 31, 2022
• Public sector organizations, including school divisions and large municipalities - An updated accessibility plan for 2023 and 2024 was due on December 31, 2022
• Small Municipalities: An updated plan for 2022 and 2023 was due on December 31, 2021.

How to Update an Accessibility Plan Video