What Happens If Your Website Isn’t AODA Compliant?

It is a fair question, and one most business owners ask quietly. Here is what the rules say, what tends to happen in practice, and what it costs you even if nobody from the government ever calls.

Who is on the hook?

The website requirement applies to designated public sector organizations, and to businesses and non-profits with 50 or more employees in Ontario. Their public websites and web content must meet WCAG 2.0 Level AA, and that has been the rule since January 1, 2021. Organizations with 20 or more employees must also file an accessibility compliance report every three years. Not sure where you fit? Start here.

How does enforcement work?

The province describes its approach as a progression. It generally looks like this:

1. A notice or audit. You are contacted and asked to show how you are meeting your obligations, or to file a missing report.
2. A compliance order. If problems are not resolved, a director can order you to comply by a set date.
3. Administrative penalties. The regulation sets out penalty amounts based on how serious the issue is and your history. For corporations they range from $500 to $15,000, and for individuals and unincorporated organizations from $200 to $2,000. In some cases these can be applied daily.
4. Prosecution. For offences such as ignoring an order or providing false information, the Act allows fines of up to $100,000 per day for corporations and up to $50,000 per day for individuals.

The headline numbers are maximums. They are real, but they sit at the far end of a process that gives you several chances to fix things first.

Can directors be personally responsible?

Yes. Directors and officers of a corporation can face fines of up to $50,000 per day for offences under the Act. That matters because the compliance report has to be certified by someone with the authority to bind the organization. Whoever signs is stating that the organization meets its obligations, including the website requirement if it applies.

What about the costs nobody fines you for?

These are usually larger than any penalty:

• Lost customers. About one in four Ontarians lives with a disability. If your checkout cannot be used with a keyboard, those sales simply go elsewhere.
• Human rights complaints. Separately from the AODA, the Ontario Human Rights Code requires organizations of every size to provide services without discrimination.
• Lost contracts. Public sector buyers and larger companies increasingly ask vendors about accessibility.
• Reputation. Being the business with the website people could not use is not a story anyone wants told.

Does an accessibility widget protect me?

No. A widget does not change your source code, so the barriers are still there. If your report says your website meets WCAG 2.0 AA and the proof is a subscription to an overlay, that is a weak position to be in. Here is why overlays do not make you compliant.

What should I do right now?

• Confirm whether the website requirement applies to you.
• Have your site properly tested, by tools and by hand.
• Fix the issues in the code.
• Keep a written record of what was tested and fixed.
• File your compliance report on time. The next deadline for businesses and non-profits with 20 or more employees is December 31, 2026.

You can read the province's own guidance on accessibility rules for businesses and non-profits (opens in a new tab).

This article is general information for Ontario organizations, not legal advice. For advice on your specific obligations, speak with a lawyer.