A Quick Guide to the Accessible Canada Act BY JACLYN LEDUC, 3Play Media When it comes to breaking down barriers for people with disabilities, there’s no such thing as “too accessible.” Just ask Canada. Canada recently passed the Accessible Canada Act (ACA), a new accessibility law that aims to make the country barrier-free by 2040. This article will bring you up to date with the most recent ACA developments. It will also brief you on the changes that this act will bring to the entire nation. Accessible Canada Act Overview In June of 2018, Carla Qualtrough, the Canadian Minister of Sport and Persons with Disabilities, proposed the Accessible Canada Act (ACA) to Parliament. Prior to the proposal, Canada’s Office for Disabilities performed a consultation campaign to solicit feedback from the public on what the accessibility law should include. The bill, formally known as Bill C-81, was unanimously passed on May 13, 2019, and sent to the House of Commons for Royal Assent, which will put the ACA into full effect. On June 21, 2019, just over a month after the bill passed, it underwent Royal assent. Royal Assent took place on Jun 21, 2019, and the new law will come into full force at a date set by the Governor in Council. The main goal of instituting the ACA is to make Canada barrier-free by the year 2040. This new accessibility legislation, which extends to all of Canada, is a testament to the country’s commitment to improving access for people with disabilities. Proposing an Accessibility Framework for All of Canada The Accessible Canada Act aims to prevent barriers to federal jurisdiction across Canada. Canada’s provinces have some of the most progressive accessibility laws in the world, including the Accessibility for Ontarians with Disabilities Act (AODA). However, up until now, Canada has not had any country-wide accessibility legislation. The bill proposes a framework for developing, implementing, and enforcing accessibility standards starting in priority areas. Those priority areas include: EmploymentBuilt environmentInformation and communication technologiesProcurement of goods and servicesDelivery of goods and servicesTransportation Creating New Roles, Organizations, and Committees There will be many moving pieces involved in the integration of the Accessible Canada Act. New roles, committees, and organizations will be created to ensure proper oversight of the new legislation. Canadian Accessibility Standards Development Organization The Canadian Accessibility Standards Development Organization will be responsible for developing the new accessibility standards to be integrated into federal regulations. A board of directors will lead the organization, the majority of whom will be people with disabilities. Within this organization, technical committees will be formed to help develop accessibility standards. These committees will include accessibility experts, persons with disabilities, and representatives from organizations that would be required to meet the new standards. Chief Accessibility Officer The Chief Accessibility Officer will advise the Minister presiding over the ACA and oversee the implementation of the act across all organizations and sectors to which the act applies. Accessibility Commissioner The Accessibility Commissioner will join the Canadian Human Rights Commission, a commission that is in place to ensure the protection of human rights for Canadians. The Accessibility Commissioner will be supported by an accessibility unit which will help to perform compliance measures under the ACA. Compliance activities will include: InspectionsAuditsCompliance ordersNotices of violationMonetary penalties The ACA Covers All Canadian Federal Organizations The big question is, to what exactly does the Accessible Canada Act apply? The simple answer is that it applies to any federal organization or any private organization that is under federal jurisdiction such as banking, telecommunication, and transportation. A federal organization refers to: DepartmentsAgenciesCrown organizationsParliamentPrivate sector businesses under federal jurisdiction The ACA is in effect for all Canadian provinces. Under the ACA, federal organizations would be required to create an accessibility plan with strategies to improve their organization’s accessibility. They would then need to publish the plans, respond to any feedback from their stakeholders, and post annual progress updates available to the public. These plans must be made in consultation with individuals with disabilities. Where to Report an ACA Violation Any grievances and complaints due to an ACA violation may be filed with the Accessibility Commissioners Office, the Canadian Transportation Agency, and the Canadian Radio-television and Telecommunications Commission. Federal public servants should continue to file complaints due to an ACA violation with the Federal Public Sector Labour Relations Employment Board. Remedies for complaints include: Reimbursement of expense and lost wagesCompensation for pain and suffering What’s on the Horizon? In the coming months and years, appointed individuals and committees will work to create accessibility standards. Once created, these standards will be implemented and integrated into current systems. The Canadian government’s goal is to demonstrate the implementation progress of the Accessible Canada Act. Any organization that is involved in implementing the ACA will be required to report annually on their progress and activities to the public. In addition to the yearly progress reports, a parliamentary review will take place in five years to assess the progress that the ACA has made since being instituted. The Canadian Federal Cabinet has declared that the Accessible Canada Act is in force. The ACA will likely reference the Web Content Accessibility Guidelines (WCAG) which requires videos to be made accessible with captioning and audio description. If you know that the ACA applies to your organization, be sure to get ahead and make your videos accessible today. This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Top 10 Blunders To Avoid On Zoom Come on and Zoom, Zoom, Zoom-a-Zoom. By ROBERT AMBROGI It was a noise that could not be unheard. As the Zoom meeting moderator continued on gamely and politely last week, one attendee repeatedly issued a hog-like nasal snort, so loud and frequent that it distracted from the topic at hand. Many of us are taught that only the person who has not sinned should cast the first stone, and when it comes to making inappropriate breathing noises, I surely have sinned, having suffered respiratory blockages since a young age. So, in raising this, I do not mean to cast aspersions on someone for whom snorting may have been beyond control. But there is one critical difference that separates me from the snorter, and that is my facility with the mute button. Fifteen years of podcasting has taught me an essential skill that translates well to our new reality of daily Zoom meetings — knowing when to mute myself and, equally as important, knowing when to unmute myself. So as Zoom becomes our new conference room, water cooler, and happy-hour gathering place, allow me to share ten video conferencing blunders you can easily avoid. 1. Don’t snort. On Zoom, the mute button is your friend. Whatever noises you might make, it is there to keep you from sharing them. It is in the lower-left corner of your screen and looks like a microphone. Let’s be blunt. Some of us snort. Some of us are heavy breathers. Some of us talk to ourselves out loud. Thankfully, through the miracle of the mute button, we need not share any of that with our fellow conferees. But there is an important proviso attached to the mute button, and that is that you must not forget to unmute yourself when the time comes to convey your brilliant contribution to the meeting. 2. Don’t look bored. When videoconferencing with the senior partner or a key client, try your best to look interested and engaged. The trick here is all in the eyes. If, rather than looking at your computer screen, you are reading texts on your iPhone, they will see your inattentiveness. Keep your eyes focused in the general direction of your webcam, and no one will ever have to know how bored you actually were. 3. Don’t forget you’re on camera. There is a lesson for all of us in the heart-wrenching tale of #PoorJennifer. On a Zoom conference last week, while all the participants were arrayed in gallery view, she apparently forgot she was on camera as she carried her laptop to the bathroom, placed it on the floor, and proceeded to use the toilet, for all to see. Video of the mishap made its way to Twitter, where it had 7 million views before being removed. The lesson here is remain mindful of the fact that you are on camera. And if the call of nature cannot last until the meeting ends, remember that you can easily turn off your camera –- right there next to the aforementioned mute button. 4. Don’t play Solitaire. The meeting moderator is sharing her screen, showing a PowerPoint on your practice group’s business development plans. But your eyes are focused on your second screen, where you’re amusing yourself with a game of Solitaire. Suddenly, the moderator asks you, “Why aren’t you paying attention?” How did she know? Turns out, Zoom has a sneaky feature called Attention Tracking. It allows the meeting host to see when a participant does not have Zoom in focus for more than 30 seconds. The good news: It only works during screen sharing, so you’re free to multitask the rest of the time. 5. Don’t share the wrong screen. The moderator’s presentation is over, and now it’s your turn to share your screen. On one monitor, your PowerPoint is ready to go. On the other, well, there’s still that game of Solitaire. When you select the Share Screen button in Zoom, it lets you select which screen or open window to share. I can’t tell you how many times presenters have mistakenly shown me their email inboxes or something else I shouldn’t have seen. 6. Don’t ignore your background. Makeshift home offices are the new normal. That means you may be working at a desk where you see your computer, but others see your unmade bed or kids’ dirty laundry. Before you get on a videoconference, turn on your camera and see what others will see. In Windows, click the Start button, then Camera. On Macs, use the Photo Booth app. If it ain’t pretty behind you, you might want to consider a Zoom virtual background. Palm trees beat laundry baskets any day, but you’ll need a fairly recent computer for the virtual background to work well. 7. Don’t take a call. Amazing how often this happens. We hear the participant’s phone ring, see the iPhone to the ear, hear the quick explanation that they’re on a conference and can’t talk, and then hear and see the extended conversation regardless. If you were in a face-to-face meeting, you would not take the call. Why take it on Zoom? If you must, remember the points above about muting your mic and video. 8. Don’t forget about lighting. On a Zoom video conference last week, a principle speaker was a faceless silhouette against a floor-to-ceiling window. The view was spectacular, but not of the speaker. Check your lighting in the same way that you check your background. Avoid bright backlighting if you can. If you can’t, put a light on your desk and shine it at your face. 9. Don’t forget to alert your housemates. Sure, it’s cute when the little kids come in and want parent time. But it’s not so cute when your significant other yells from the other room about your failure to pick up your dirty clothes. Before you join a conference, make sure those you live with know. And if the room you’re in has a door that locks, then lock it. 10. Don’t forget to moderate. For all the potential blunders I’ve described above, the worst videoconferences, like the worst face-to-face meetings, are those where the moderator fails to moderate. Set an agenda for the meeting in advance. Cut people off who go on too long. Keep things moving. And if you can end it early, by all means do. Just don’t forget to click “End Meeting.” Robert Ambrogi is a Massachusetts lawyer and journalist who has been covering legal technology and the web for more than 20 years, primarily through his blog LawSites.com. Former editor-in-chief of several legal newspapers, he is a fellow of the College of Law Practice Management and an inaugural Fastcase 50 honoree. He can be reached by email at ambrogi@gmail.com, and you can follow him on Twitter (@BobAmbrogi).