Accessible Canada Act and Regulations: Exemptions for First Nations Governments Extended to 2033

On December 17, 2025, the Regulations Amending the Accessible Canada Regulations (“Amendments”) were published in the Canada Gazette. The Accessible Canada Act (“Act”) and Accessible Canada Regulations (“Regulations”) establishes a federal framework to identify, remove, and prevent barriers for persons with disabilities by 2040. The Amendments introduce the first phase of new digital accessibility requirements for certain federally regulated entities, with most obligations coming into force on a future, phased schedule over the next few years.

While the Act and Regulations apply broadly to federally regulated entities, First Nations Band Councils were initially exempt from the Act’s accessibility planning and reporting requirements until December 12, 2026 to provide more time to engage First Nations communities on reserve and other Indigenous communities on distinction-based legislative approaches to advancing accessibility. The Amendments extend that exemption until December 31, 2033. We previously published the following general update on the Act and Regulations, outlining the Act’s objectives and phased implementation: Accessible Canada Act & Accessible Canada Act Regulations Update.

Who the Exemption Applies To

The recent amendments extend the duration and expand the regulatory provisions covered by the exemption, but do not change who the exemption applies to. The exemption applies “with respect to a band”, which includes:

• the council of a First Nations band, as defined in subsection 2(1) of the Indian Act; and
• non-business entities or persons carrying on an undertaking for or on behalf of the band council, or on reserve lands, where the activity is not within provincial legislative authority.

Scope of the Exemption

Until December 31, 2033, First Nations Band Councils are exempt from the Act’s planning, feedback and reporting framework. This includes requirements to, among other things:

• prepare, publish, and update accessibility plans;
• establish and publish accessibility feedback processes;
• publish annual accessibility progress reports;
• provide materials in accessible formats within prescribed timelines;
• notify the Accessibility Commissioner after publication;
• and retain plans, reports, feedback descriptions, and received feedback for specified periods.  

Band Councils are also exempt from the newly-introduced Phase 1 digital accessibility requirements regarding information and communication technologies (“Phase 1 Requirements”). These requirements require certain federally regulated entities to ensure that newly created or updated digital content (such as web pages, mobile applications, and certain digital documents) conforms, to the extent feasible, to the following information and communication technologies standard adopted by Canada: CAN/ASC – EN 301 549:2024 Accessibility requirements for ICT products and services (“ICT Standards”). The ICT Standards set out accessibility requirements for digital technologies to support use by persons with disabilities and compatibility with assistive technologies. The Phase 1 Requirements also include obligations for certain federal entities relating to accessibility statements, digital accessibility training and recordkeeping, procurement-related conformity assessments, and retention of digital accessibility records.

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