The Manitoba government has released draft regulations that would, for the first time, introduce a formal enforcement and penalty regime under The Accessibility for Manitobans Act (AMA). This represents a significant shift from the existing compliance framework, which has historically emphasized education and voluntary compliance rather than financial penalties.
The proposed Orders and Administrative Penalties Regulation has been issued as a consultation draft, and businesses, non-profits, and public sector organizations have an opportunity to provide feedback before the regulation is finalized.¹
What is changing?
Since the AMA was enacted in 2013, Manitoba’s approach to accessibility compliance has largely relied on guidance, education, and collaborative problem-solving. Although the legislation has long contemplated enforcement tools such as compliance orders and administrative penalties, the absence of a supporting regulation has meant that financial penalties have not previously been available in practice.²
The proposed regulation would operationalize those enforcement provisions by authorizing government officials to:
• Issue formal orders requiring an organization to remedy a contravention of the AMA or its regulations by a specified deadline; and
• Impose administrative monetary penalties where an organization fails to comply with such an order.
This marks a material change to the status quo: continued non-compliance following an order could now result in defined monetary penalties.
Proposed penalty structure
Under the draft regulation, administrative penalties would escalate for repeated failures to comply with an order:
• $2,500 for a first failure to comply
• $5,000 for a second failure
• $10,000 for a third or subsequent failure³
The regulation also limits how prior contraventions are counted. In general, escalating penalties would apply only where previous non-compliance involved the same regulation or legislative provision, rather than unrelated accessibility obligations.³
Penalties would only be imposed after an organization has been issued a formal order and failed to remedy the issue within the specified timeframe. The government has indicated that education and support will continue to be the primary compliance tools, with penalties used as a last resort.⁴
How enforcement would work
The proposed regulation sets out procedural details governing enforcement, including:
• How compliance orders and penalty notices may be served (including by registered mail, personal service, or email in certain circumstances);
• The required form and content of penalty notices; and
• The right to appeal an administrative penalty to the Court of King’s Bench within 30 days of service.³
The consultation materials emphasize that the enforcement framework is intended to be progressive and transparent, while ensuring the government has meaningful tools to address willful or ongoing non-compliance.⁴
Consultation period
The regulation has been released expressly for consultation, along with a plain-language summary and a set of questions seeking stakeholder input. These questions address, among other things:
• Whether information about organizations that receive penalties should be made public;
• Whether the proposed methods of service are appropriate; and
• Whether the proposed penalty amounts are proportionate.⁴
While the consultation materials do not specify a firm deadline for submissions, they were issued in late October and early November 2025, indicating that the consultation process is currently underway.⁴ Organizations subject to the AMA may wish to consider whether to provide feedback before the regulation is finalized.
Expected implementation date
According to the government’s regulatory information materials, the proposed regulation is expected to come into force on April 1, 2026, if approved.²
Once in force, the regulation would allow the Accessibility Compliance Secretariat to begin issuing enforceable compliance orders and, where necessary, administrative monetary penalties. This would represent a clear shift from the existing compliance model, under which enforcement relied almost exclusively on voluntary remediation.
Why this matters for businesses
The introduction of a formal penalty regime creates new regulatory and financial exposure for organizations that fail to address accessibility obligations after receiving an order.
With an anticipated implementation date of April 1, 2026, organizations may wish to use the remaining lead time to:
• Confirm which accessibility standards apply to their operations;
• Review existing compliance practices and documentation; and
• Address identified gaps proactively, rather than in response to enforcement action.
How we can help
Our firm advises businesses and organizations on regulatory compliance, risk management, and responding to government enforcement activity. We also assist clients in preparing submissions during consultation processes where proposed regulatory changes may affect their operations.
If you would like assistance reviewing your accessibility obligations, assessing enforcement risk, or preparing a submission in response to the draft regulation, we would be pleased to discuss next steps.
This article is based on Manitoba government consultation materials released between October and November 2025, including the consultation draft regulation, a plain-language summary, and the government’s proposed regulation information form. The proposed regulation remains subject to change and has not yet been finalized or brought into force.
Sources
1. Proposed Regulation Information Form – Orders and Administrative Penalties Regulation (Nov. 4, 2025)
2. Proposed Regulation Information Form – Implementation and Context
3. Proposed Orders and Administrative Penalties Regulation (Consultation Draft)
4. Plain Language Summary and Questions for Feedback (Oct. 27, 2025)
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Peter Mueller
Partnerpmueller@tmlawyers.com
Peter Mueller is a litigation lawyer who helps businesses, not-for-profits, and employers resolve disputes before courts, arbitration panels, and government tribunals. Licensed in Manitoba and Nunavut, Peter’s practice is designed around dispute resolution and advocacy, providing clear, strategic advice that supports practical business decisions and minimizes risk.