Canadian Human Rights Act
H-6
2.
The purpose of this Act is to extend the laws in Canada to give effect,
within the purview of matters coming within the legislative authority
of Parliament, to the principle that all individuals should have an
opportunity equal with other individuals to make for themselves the
lives that they are able and wish to have and to have their needs
accommodated, consistent with their duties and obligations as members
of society, without being hindered in or prevented from doing so by
discriminatory practices based on race, national or ethnic origin,
colour, religion, age, sex, sexual orientation, marital status, family
status, disability or conviction for an offence for which a pardon has been granted.
Prohibited grounds of discrimination
3.
(1)
For all purposes of this Act, the prohibited grounds of discrimination
are race, national or ethnic origin, colour, religion, age, sex, sexual
orientation, marital status, family status, disability and conviction for which a pardon has been granted.
Denial of good, service, facility or accommodation
5.
It is a discriminatory practice in the provision of goods, services,
facilities or accommodation customarily available to the general public
(a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 5.
Denial of commercial premises or residential accommodation
6. It is a discriminatory practice in the provision of commercial premises or residential accommodation
(a) to deny occupancy of such premises or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 6.
7. It is a discriminatory practice, directly or indirectly,
(a) to refuse to employ or continue to employ any individual, or
(b) in the course of employment, to differentiate adversely in relation to an employee,
on a prohibited ground of discrimination.
1976-77, c. 33, s. 7.
Employment applications, advertisements
8. It is a discriminatory practice
(a) to use or circulate any form of application for employment, or
(b) in connection with employment or prospective employment, to publish any advertisement or to make any written or oral inquiry
that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.
1976-77, c. 33, s. 8.
9.
(1) It is a discriminatory practice for an employee organization on a prohibited ground of discrimination
(a) to exclude an individual from full membership in the organization;
(b) to expel or suspend a member of the organization; or
(c)
to limit, segregate, classify or otherwise act in relation to an
individual in a way that would deprive the individual of employment
opportunities, or limit employment opportunities or otherwise adversely
affect the status of the individual, where the individual is a member
of the organization or where any of the obligations of the organization
pursuant to a collective agreement relate to the individual.
(2)
Notwithstanding subsection (1), it is not a discriminatory practice for
an employee organization to exclude, expel or suspend an individual
from membership in the organization because that individual has reached
the normal age of retirement for individuals working in positions
similar to the position of that individual.
(3) [Repealed, 1998, c. 9, s. 12]
R.S., 1985, c. H-6, s. 9; 1998, c. 9, s. 12.
Discriminatory policy or practice
10. It is a discriminatory practice for an employer, employee organization or employer organization
(a) to establish or pursue a policy or practice, or
(b)
to enter into an agreement affecting recruitment, referral, hiring,
promotion, training, apprenticeship, transfer or any other matter
relating to employment or prospective employment,
that
deprives or tends to deprive an individual or class of individuals of
any employment opportunities on a prohibited ground of discrimination.
R.S., 1985, c. H-6, s. 10; 1998, c. 9, s. 13(E).
11.
(1)
It is a discriminatory practice for an employer to establish or
maintain differences in wages between male and female employees
employed in the same establishment who are performing work of equal
value.
(2)
In assessing the value of work performed by employees employed in the
same establishment, the criterion to be applied is the composite of the
skill, effort and responsibility required in the performance of the
work and the conditions under which the work is performed.
(3)
Separate establishments established or maintained by an employer solely
or principally for the purpose of establishing or maintaining
differences in wages between male and female employees shall be deemed
for the purposes of this section to be the same establishment.
Different wages based on prescribed reasonable factors
(4)
Notwithstanding subsection (1), it is not a discriminatory practice to
pay to male and female employees different wages if the difference is
based on a factor prescribed by guidelines, issued by the Canadian
Human Rights Commission pursuant to subsection 27(2), to be a
reasonable factor that justifies the difference.
(5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.
(6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section.
(7)
For the purposes of this section, "wages" means any form of
remuneration payable for work performed by an individual and includes
(a) salaries, commissions, vacation pay, dismissal wages and bonuses;
(b) reasonable value for board, rent, housing and lodging;
(c) payments in kind;
(d) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and
(e) any other advantage received directly or indirectly from the individual’s employer.
1976-77, c. 33, s. 11.
14.1
It is a discriminatory practice for a person against whom a complaint
has been filed under Part III, or any person acting on their behalf, to
retaliate or threaten retaliation against the individual who filed the
complaint or the alleged victim.
15.
(1) It is not a discriminatory practice if
(a)
any refusal, exclusion, expulsion, suspension, limitation,
specification or preference in relation to any employment is
established by an employer to be based on a bona fide occupational requirement;
(b)
employment of an individual is refused or terminated because that
individual has not reached the minimum age, or has reached the maximum
age, that applies to that employment by law or under regulations, which
may be made by the Governor in Council for the purposes of this
paragraph;
(c)
an individual’s employment is terminated because that individual has
reached the normal age of retirement for employees working in positions
similar to the position of that individual;
(d)
the terms and conditions of any pension fund or plan established by an
employer, employee organization or employer organization provide for
the compulsory vesting or locking-in of pension contributions at a
fixed or determinable age in accordance with sections 17 and 18 of the Pension Benefits Standards Act, 1985;
(e)
an individual is discriminated against on a prohibited ground of
discrimination in a manner that is prescribed by guidelines, issued by
the Canadian Human Rights Commission pursuant to subsection 27(2), to
be reasonable;
(f)
an employer, employee organization or employer organization grants a
female employee special leave or benefits in connection with pregnancy
or child-birth or grants employees special leave or benefits to assist
them in the care of their children; or
(g)
in the circumstances described in section 5 or 6, an individual is
denied any goods, services, facilities or accommodation or access
thereto or occupancy of any commercial premises or residential
accommodation or is a victim of any adverse differentiation and there
is bona fide justification for that denial or differentiation.
(2) For any practice mentioned in paragraph (1)(a) to be considered to be based on a bona fide occupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have a bona fide
justification, it must be established that accommodation of the needs
of an individual or a class of individuals affected would impose undue
hardship on the person who would have to accommodate those needs,
considering health, safety and cost.
Plans to meet the needs of disabled persons
17.
(1)
A person who proposes to implement a plan for adapting any services,
facilities, premises, equipment or operations to meet the needs of
persons arising from a disability may apply to the Canadian Human Rights Commission for approval of the plan.
(2)
The Commission may, by written notice to a person making an application
pursuant to subsection (1), approve the plan if the Commission is
satisfied that the plan is appropriate for meeting the needs of persons
arising from a disability.
Effect of approval of accommodation plan
(3)
Where any services, facilities, premises, equipment or operations are
adapted in accordance with a plan approved under subsection (2),
matters for which the plan provides do not constitute any basis for a
complaint under Part III regarding discrimination based on any disability in respect of which the plan was approved.
Restriction on deeming plan inappropriate
(2)
For the purposes of sections 17 and 18, a plan shall not, by reason
only that it does not conform to any standards prescribed pursuant to
section 24, be deemed to be inappropriate for meeting the needs of
persons arising from disability.
24.
(1) The Governor in Council may, for the benefit of persons having any disability, make regulations prescribing standards of accessibility to services, facilities or premises.
Effect of meeting accessibility standards
(2)
Where standards prescribed pursuant to subsection (1) are met in
providing access to any services, facilities or premises, a matter of
access thereto does not constitute any basis for a complaint under Part
III regarding discrimination based on any disability in respect of which the standards are prescribed.
25. In this Act,
"conviction for which a pardon has been granted"
«état de personne graciée »
"conviction for which a pardon has been granted"
means a conviction of an individual for an offence in respect of which
a pardon has been granted by any authority under law and, if granted or
issued under the Criminal Records Act, has not been revoked or ceased to have effect;
"disability" means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug;
Definition of "discriminatory practice"
39.
For the purposes of this Part, a "discriminatory practice" means any
practice that is a discriminatory practice within the meaning of
sections 5 to 14.1.
R.S., 1985, c. H-6, s. 39; 1998, c. 9, s. 22.
40.
(1)
Subject to subsections (5) and (7), any individual or group of
individuals having reasonable grounds for believing that a person is
engaging or has engaged in a discriminatory practice may file with the
Commission a complaint in a form acceptable to the Commission.
(2)
If a complaint is made by someone other than the individual who is
alleged to be the victim of the discriminatory practice to which the
complaint relates, the Commission may refuse to deal with the complaint
unless the alleged victim consents thereto.
Investigation commenced by Commission
(3)
Where the Commission has reasonable grounds for believing that a person
is engaging or has engaged in a discriminatory practice, the Commission
may initiate a complaint.
(3.1)
No complaint may be initiated under subsection (3) as a result of
information obtained by the Commission in the course of the
administration of the Employment Equity Act.
Complaints may be dealt with together
(4)
If complaints are filed jointly or separately by more than one
individual or group alleging that a particular person is engaging or
has engaged in a discriminatory practice or a series of similar
discriminatory practices and the Commission is satisfied that the
complaints involve substantially the same issues of fact and law, it
may deal with the complaints together under this Part and may request
the Chairperson of the Tribunal to institute a single inquiry into the
complaints under section 49.
No complaints to be considered in certain cases
(5)
No complaint in relation to a discriminatory practice may be dealt with
by the Commission under this Part unless the act or omission that
constitutes the practice
(a)
occurred in Canada and the victim of the practice was at the time of
the act or omission either lawfully present in Canada or, if
temporarily absent from Canada, entitled to return to Canada;
(b)
occurred in Canada and was a discriminatory practice within the meaning
of section 5, 8, 10, 12 or 13 in respect of which no particular
individual is identifiable as the victim; or
(c)
occurred outside Canada and the victim of the practice was at the time
of the act or omission a Canadian citizen or an individual lawfully
admitted to Canada for permanent residence.