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Age/Race/ Religion/Sex – Know The Laws Of Your Province

Discrimination regulations are vital for ensuring fair and equitable treatment in workplaces across Canada. These regulations require employers to provide a work environment free from discrimination based on race, gender, disability, age, and other protected grounds. Measures include fair hiring practices, equal pay, and protection against workplace harassment. Workers must be informed of their rights and have access to complaint mechanisms if discrimination occurs. While general human rights principles are consistent nationwide, specific regulations vary by province and territory to address local needs. Compliance with these laws promotes inclusivity, prevents discrimination, and fosters a respectful and diverse workplace.

FEDERAL

In Canada, employers are required to address workplace discrimination under the Canadian Human Rights Act, Part I, Sections 3(1) to 4. Employers must ensure a workplace free from discrimination based on race, gender, disability, and other prohibited grounds. Discriminatory practices, including those based on multiple grounds, may lead to complaints and legal orders. The Canadian Human Rights Commission enforces these protections, ensuring compliance and fairness in workplaces.

The Canadian Human Rights Commission exists to enforce these protections and promote fairness for all individuals. Human rights are universal, guaranteeing dignity, equality, and freedom from discrimination. Canada upholds these rights through provincial, territorial, federal, and international laws. As an independent body, the Commission researches, raises awareness, and speaks out on human rights issues. It ensures that people are protected from discrimination and that institutions comply with the law.

PART I - Proscribed Discrimination

Prohibited Grounds of Discrimination

(1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

(2) Where the ground of discrimination is pregnancy or child-birth, the discrimination shall be deemed to be on the ground of sex.

(3) Where the ground of discrimination is refusal of a request to undergo a genetic test or to disclose, or authorize the disclosure of, the results of a genetic test, the discrimination shall be deemed to be on the ground of genetic characteristics. Section 3(1) to (3).

Multiple Grounds of Discrimination

For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or on the effect of a combination of prohibited grounds. Section 3.1.

Orders Regarding Discriminatory Practices

A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided in section 53. Section 4.

Further details on the Canadian Human Rights Act can be found at justice.gc.ca.

ALBERTA

In Alberta, employers must address workplace discrimination under the Alberta Human Rights Act, Sections 3, 4, 5, 7, and 8, 9 and 16. Employers are prohibited from discriminating in employment, including hiring, conditions, and termination, based on race, gender, disability, age, and other protected grounds. Discriminatory job postings, union practices, and denial of services or tenancy are also prohibited. The Alberta Human Rights Commission enforces these protections and promotes awareness, compliance, and equality.

Code of Conduct

Discrimination re: Publications, Notices

(1) No person shall publish, issue or display or cause to be published, issued or displayed before the public any statement, publication, notice, sign, symbol, emblem or other representation that:

(a) indicates discrimination or an intention to discriminate against a person or a class of persons, or

(b) is likely to expose a person or a class of persons to hatred or contempt because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or class of persons.

(2) Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject. Section 3(1)(2).

Discrimination re: Goods, Services, Accommodation, Facilities

No Person Shall:

(a) deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or

(b) discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or class of persons or of any other person or class of persons. Section 4(a)(b).

Discrimination re: Tenancy

(1) No person shall:

(a) deny to any person or class of persons the right to occupy as a tenant any commercial unit or self-contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or

(b) discriminate against any person or class of persons with respect to any term or condition of the tenancy of any commercial unit or self-contained dwelling unit, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or class of persons or of any other person or class of persons. Section 5(1)(a)(b).

Discrimination re: Employment Practices

(1) No employer shall:

(a) refuse to employ or refuse to continue to employ any person, or

(b) discriminate against any person with regard to employment or any term or condition of employment, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or of any other person. Section 7(1)(a)(b).

Applications and Advertisements re: Employment

(1) No person shall use or circulate any form of application for employment or publish any advertisement in connection with employment or prospective employment or make any written or oral inquiry of an applicant:

(a) that expresses either directly or indirectly any limitation, specification or preference indicating discrimination on the basis of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or of any other person, or

(b) that requires an applicant to furnish any information concerning race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation. Section 8(1)(a)(b).

Membership in Trade Union, etc.

No trade union, employers’ organization or occupational association shall:

(a) exclude any person from membership in it,

(b) expel or suspend any member of it, or

(c) discriminate against any person or member, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation of that person or member. Section 9(a) to (c).

For more information:

  • Functions of Commission. Section 16(1)(2).

Further details on the Alberta Human Rights Act can be found at albertahumanrights.ab.ca.

BRITISH COLUMBIA

In British Columbia, employers must address workplace discrimination under the Human Rights Code, Sections 7 to 13. Employers are prohibited from discriminating in employment, wages, and hiring practices based on race, gender, disability, age, and other protected grounds. Discriminatory job advertisements, denial of services, housing, or membership in unions and associations are also prohibited. The BC Human Rights Commissioner promotes awareness, compliance, and elimination of discriminatory practices.

Discriminatory Publication

(1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that:

(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or

(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.

(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code. Section 7(1)(2).

Discrimination in Accommodation, Service, and Facility

(1) A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.

(2) A person does not contravene this section by discriminating:

(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or

(b) on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance. Section 8(1)(2).

Discrimination in Purchase of Property

A person must not:

(a) deny to a person or class of persons the opportunity to purchase a commercial unit or dwelling unit that is in any way represented as being available for sale,

(b) deny to a person or class of persons the opportunity to acquire land or an interest in land, or

(c) discriminate against a person or class of persons regarding a term or condition of the purchase or other acquisition of a commercial unit, dwelling unit, land or interest in land because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, sex, sexual orientation, or gender identity or expression of that person or class of persons. Section 9.

Discrimination in Wages

(1) An employer must not discriminate between employees by employing an employee of one sex for work at a rate of pay that is less than the rate of pay at which an employee of another sex is employed by that employer for similar or substantially similar work.

(2) For the purposes of subsection (1), the concept of skill, effort and responsibility must, subject to factors in respect of pay rates such as seniority systems, merit systems and systems that measure earnings by quantity or quality of production, be used to determine what is similar or substantially similar work.

(3) A difference in the rate of pay between employees of different sexes based on a factor other than sex does not constitute a failure to comply with this section if the factor on which the difference is based would reasonably justify the difference.

(4) An employer must not reduce the rate of pay of an employee in order to comply with this section.

(5) If an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer, by action, the difference between the amount paid and the amount to which the employee is entitled, together with the costs, but:

(a) the action must be commenced no later than 12 months from the termination of the employee's services, and

(b) the action applies only to wages of an employee during the 12-month period immediately before the earlier of the date of the employee's termination or the commencement of the action. Section 12(1) to (5).

Discrimination in Employment

(1) A person must not:

(a) refuse to employ or refuse to continue to employ a person, or

(b) discriminate against a person regarding employment or any term or condition of employment because of the Indigenous identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.

(2) An employment agency must not refuse to refer a person for employment for any reason mentioned in subsection (1).

(3) Subsection (1) does not apply:

(a) as it relates to age, to a bona fide scheme based on seniority, or

(b) as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan, whether or not the plan is the subject of a contract of insurance between an insurer and an employer.

(4) Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement. Section 13(1) to (4).

For more information:

  • Discrimination in tenancy premises. Section 10(1)(2).
  • Discrimination in employment advertisements. Section 11.
  • Discrimination by unions and associations. Section 14(a)(b)(c).
  • Special programs. Section 42(1) to (4).
  • Powers of commissioner. Section 47.12(1)(2).

Further details on the Human Rights Code can be found at gov.bc.ca.

MANITOBA

In Manitoba, employers must address workplace discrimination under The Human Rights Code, Sections 2, 4, and 9. The Manitoba Human Rights Commission ensures equal treatment and dignity for all individuals, regardless of race, gender, disability, age, or other protected characteristics. Employers must promote equality, prevent discrimination in employment and services, and comply with the Code’s anti-discrimination provisions.

Commission and Adjudication Panel - Part I

Human Rights Commission

(1) The Commission existing at the time this section comes into force under the name of "The Manitoba Human Rights Commission" is hereby continued under the same name as an independent agency with the responsibilities assigned to it under this Code and any other Act of the Legislature. Section 2(1).

Responsibilities of Commission

In addition to discharging its other responsibilities under this Code, the Commission shall:

(a) promote the principle that all members of the human family are free and equal in dignity and rights and entitled to be treated on the basis of their personal merits, regardless of their actual or presumed association with any group;

(b) further the principle of equality of opportunity and equality in the exercise of civil and legal rights regardless of status;

(c) disseminate knowledge and promote understanding of the civil and legal rights of residents of Manitoba and develop, promote and conduct educational programs for that purpose;

(d) develop, promote and conduct educational programs designed to eliminate all forms of discrimination prohibited by this Code; and

(e) promote understanding and acceptance of, and compliance with, this Code and the regulations. Section 4 (a) to (e).

Prohibited Conduct and Special Programs - Part II

Applicable Characteristics

(2) The applicable characteristics for the purposes of clauses (1)(b) to (d) are:

(a) ancestry, including colour and perceived race;

(b) nationality or national origin;

(c) ethnic background or origin;

(d) religion or creed, or religious belief, religious association or religious activity;

(e) age;

(f) sex, including sex-determined characteristics or circumstances, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;

(g) gender identity;

(h) sexual orientation;

(i) marital or family status;

(j) source of income;

(k) political belief, political association or political activity;

(l) physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device;

(m) social disadvantage. Section 9(2)(a) to (m).

Further details on The Human Rights Code can be found at gov.mb.ca.

NEW BRUNSWICK

In New Brunswick, employers must address workplace discrimination under the Human Rights Act, Sections 2.1 and 4 to 12. The Act prohibits discrimination based on race, gender, disability, age, and other protected characteristics in employment, housing, and services. Employers are responsible for ensuring fair treatment, preventing discrimination, and addressing workplace harassment, including sexual harassment.

Discrimination in Employment

(1) No person shall, based on a prohibited ground of discrimination,

(a) refuse to employ or continue to employ any person, or

(b) discriminate against any person in respect of employment or any term or condition of employment.

(2) No employment agency shall discriminate against a person seeking employment based on a prohibited ground of discrimination.

(3) No trade union or employers’ organization shall, based on a prohibited ground of discrimination,

(a) exclude any person from full membership,

(b) expel, suspend or otherwise discriminate against any of its members, or

(c) discriminate against any person in respect of his or her employment by an employer.

(4) No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of:

(a) the use or circulation of a form of application for employment,

(b) the publication of an advertisement in connection with employment or causing its publication, or

(c) an oral or written inquiry in connection with employment.

(6) The provisions of subsections (1), (2), (3) and (4) as to age do not apply to:

(a) the termination of employment or a refusal to employ because of the terms or conditions of any bona fide retirement or pension plan,

(b) the operation of the terms or conditions of a bona fide retirement or pension plan that have the effect of a minimum service requirement, or

(c) the operation of terms or conditions of a bona fide group or employee insurance plan.

(7) The provisions of subsections (1), (2), (3) and (4) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.

(8) The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to the operation of the terms or conditions of a bona fide group or employee insurance plan. Section 4(1) to (4)(6)(7)(8).

Sexual Harassment

(1) The following definitions apply in this section.

“Association” means an employers’ organization, a trade union, a professional association or a business or trade association.

“Representative” means a person who acts on behalf of an association or another person.

“Sexually harass” means engage in vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome.

(2) No employer, representative of the employer or person employed by the employer shall sexually harass a person employed by the employer or a person seeking employment with the employer.

(3) No association or representative of the association shall sexually harass a member of the association or a person seeking membership in the association.

(4) No person who provides goods, services, facilities or accommodation to the public, nor any representative of that person, shall sexually harass a recipient or user, or a person seeking to be a recipient or user, of those goods, services, facilities or accommodation.

(5) No person who provides commercial or residential premises to the public, nor any representative of that person, shall sexually harass an occupant, or a person seeking to be an occupant, of those premises.

(6) For the purposes of this section:

(a) an act committed by an employee or representative of a person shall be deemed to be an act committed by the person if the person did not exercise the diligence appropriate in the circumstances to prevent the commission of the act,

(b) an act committed by an employee or representative of an association shall be deemed to be an act committed by the association if an officer or director of the association did not exercise the diligence appropriate in the circumstances to prevent the commission of the act, and

(c) an act committed by an officer or director of an association shall be deemed to be an act committed by the association. Section 10(1) to (6).

For more information:

  • Prohibited grounds of discrimination. Section 2.1(a) to (p).
  • Discrimination in housing and sale of property. Section 5(1) to (5).
  • Discrimination in accommodation and services. Section 6(1)(3).
  • Discriminatory notices or signs. Section 7(1)(2).
  • Discrimination by a professional, business, or trade association. Section 8(1)(2).
  • Discrimination for complaint. Section 11.
  • Human Rights Commission. Section 12(1) to (5).

Further details on the Human Rights Act can be found at canlii.org.

NEWFOUNDLAND & LABRADOR

In Newfoundland and Labrador, employers must address workplace discrimination under the Human Rights Act, 2010 – Part II Sections 9, 11, and Part III Sections 23. The Act prohibits discrimination based on race, gender, disability, age, and other protected characteristics in employment, services, and accommodations. Employers are responsible for ensuring equal treatment, preventing discrimination, and promoting a safe, inclusive workplace.

Part II - Prohibitions

Prohibited Grounds of Discrimination

(1) For the purpose of this Act, the prohibited grounds of discrimination are race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability, disfigurement, sex, sexual orientation, gender identity, gender expression, marital status, family status, source of income, and political opinion.

(2) Where this Act protects an individual from discrimination on the basis of sex, the protection includes the protection of a female from discrimination on the basis that she is or may become pregnant.

(3) Where this Act protects an individual from discrimination on the basis of disability, the protection includes the protection of an individual from discrimination on the basis that he or she:

(a) has or has had a disability;

(b) is believed to have or have had a disability; or

(c) has or is believed to have a predisposition to developing a disability.

(4) Where this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of:

(a) 2 or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and

(b) the individuals association or relationship, whether actual or presumed, with an individual or class of individuals identified by a prohibited ground of discrimination. Section 9(1) to (4).

Intent

Discrimination in contravention of this Act does not require an intention to discriminate. Section 10.

Goods, Services, Accommodation, and Facilities

(1) A person shall not, on the basis of a prohibited ground of discrimination,

(a) deny to a person or class of persons goods, services, accommodation or facilities that are customarily offered to the public; or

(b) discriminate against a person or class of persons with respect to goods, services, accommodation or facilities that are customarily offered to the public.

(2) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of a disability shall be permitted where that limitation, specification, exclusion, denial or preference is based upon a good faith qualification.

(3) Subsection (1) does not apply:

(a) to accommodation in a private residence, except a private residence that offers bed and breakfast accommodation for compensation;

(b) to the exclusion of a person because of that person's sex from accommodation, services or facilities upon the ground of public decency;

(c) to accommodation where sex is a reasonable criterion for admission to the accommodation;

(d) to a restriction on membership on the basis of a prohibited ground of discrimination, in a religious, philanthropic, educational, fraternal, sororal or social organization that is primarily engaged in serving the interests of a group of persons identified by that prohibited ground of discrimination; or

(e) to other situations where a good faith reason exists for the denial of or discrimination with respect to accommodation, services, facilities, or goods.

(4) Subsection (1) does not prohibit the denial or refusal of accommodation, services, facilities or goods to a person who is less than 19 years of age where the denial or refusal is required or authorized by another Act.

(5) For the purpose of this section, "accommodation, services, facilities or goods to which members of the public customarily have access or which are customarily offered to the public" include accommodation, services, facilities or goods that are restricted to a certain segment of the public. Section 11(1) to (5).

For more information:

  • Functions of the commission. Section 23(a) to (h).

Further details on the Human Rights Act, 2010 can be found at assembly.nl.ca.

NOVA SCOTIA

In Nova Scotia, employers must address workplace discrimination under the Human Rights Act, Sections 4, 5, and 24. The Act prohibits discrimination based on race, gender, disability, age, and other protected characteristics in employment, services, accommodations, and organizations. Employers are responsible for ensuring equal treatment, preventing harassment, and fostering an inclusive work environment.

Part I

Discrimination Prohibited - Meaning

For the purpose of this Act, a person discriminates where the person makes a distinction, whether intentional or not, based on a characteristic, or perceived characteristic, referred to in clauses (h) to (v) of subsection (1) of Section 5 that has the effect of imposing burdens, obligations or disadvantages on an individual or a class of individuals not imposed upon others or which withholds or limits access to opportunities, benefits and advantages available to other individuals or classes of individuals in society. Section 4.

Prohibition of Discrimination

(1) No person shall in respect of:

(a) the provision of or access to services or facilities;

(b) accommodation;

(c) the purchase or sale of property;

(d) employment;

(e) volunteer public service;

(f) a publication, broadcast or advertisement;

(g) membership in a professional association, business or trade association, employers’ organization or employees’ organization, discriminate against an individual or class of individuals on account of

(h) age;

(i) race;

(j) colour;

(k) religion;

(l) creed;

(m) sex;

(n) sexual orientation;

(na) gender identity;

(nb) gender expression;

(o) physical disability or mental disability;

(p) an irrational fear of contracting an illness or disease;

(q) ethnic, national or aboriginal origin;

(r) family status;

(s) marital status;

(t) source of income;

(u) political belief, affiliation or activity;

(v) that individual’s association with another individual or class of individuals having characteristics referred to in clauses (h) to (u).

(2) No person shall sexually harass an individual.

(3) No person shall harass an individual or group with respect to a prohibited ground of discrimination. Section 5(1) to (3).

Part II Human Rights Commission

Duties of Commission

(1) The Commission shall:

(a) administer and enforce the provisions of this Act;

(b) develop a program of public information and education in the field of human rights to forward the principle that every person is free and equal in dignity and rights without regard to race, religion, creed, colour, or ethnic or national origin;

(c) conduct research and encourage research by universities and other bodies in the general field of human rights;

(d) advise and assist government departments and co-ordinate their activities as far as these activities concern human rights; Section 24 (1)(a) to (d).

Further details on the Human Rights Act can be found at nslegislature.ca.

NORTHWEST TERRITORIES

In the Northwest Territories, employers must address workplace discrimination under the Human Rights Act, Sections 5, 19, and 20. The Act prohibits discrimination based on race, gender, disability, age, and other protected characteristics in employment, services, and accommodations. Employers are responsible for ensuring equal opportunities, preventing discriminatory practices, and fostering a respectful workplace.

Part 2 - Prohibitions

Prohibited Grounds of Discrimination and Intent

(1) For the purposes of this Act, the prohibited grounds of discrimination are race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, family affiliation, political belief, political association, social condition, and a conviction that is subject to a pardon or record suspension.

Pregnancy

(2) Whenever this Act protects an individual from discrimination on the basis of sex, the protection includes, without limitation, the protection of a female from discrimination on the basis that she is or may become pregnant.

Disability

(2.1) Whenever this Act protects an individual from discrimination on the basis of disability, the protection includes the protection of an individual from discrimination on the basis that he or she:

(a) has or has had a disability;

(b) is believed to have or have had a disability; or

(c) has or is believed to have a predisposition to developing a disability.

Multiple Grounds, Association

(3) Whenever this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of:

(a) two or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and

(b) the individual’s association or relationship, whether actual or presumed, with an individual or class of individuals identified by a prohibited ground of discrimination. Section 5(1)(2)(2.1)(3).

Human Rights Commission - Powers, Duties and Functions Attributions Administration of Act - Part 3

Subject to the powers and duties expressly vested in other authorities by this Act, the Commission is responsible to the Legislative Assembly for the administration of this Act. Section 19.

Functions

It is the responsibility of the Commission to protect the public interest, and in addition to its other powers, duties and functions under this Act and consistent with that responsibility, it is the function of the Commission:

(a) to promote a climate of understanding and mutual respect where all are equal in dignity and rights;

(b) to promote the policy that the dignity and worth of every individual must be recognized and that equal rights and opportunities must be provided without discrimination that is contrary to the law;

(c) to develop and conduct programs of public information and education designed to eliminate discriminatory practices that are contrary to this Act;

(d) to undertake the research it considers advisable to promote human rights and to eliminate discriminatory practices that are contrary to this Act;

(d.1) to use and promote, wherever possible, restorative principles and non-adversarial processes that contribute to the understanding of and commitment to human rights by parties, and reconciliation between parties;

(e) to promote an understanding and acceptance of and compliance with this Act;

(e.1) to monitor and assess the effectiveness of the administration of this Act and report as it considers necessary to the Legislative Assembly; and

(f) to advise the Legislative Assembly on matters related to this Act. Section 20(a) to (f).

Further details on the Human Rights Act can be found at gov.nt.ca.

NUNAVUT

In Nunavut,  employers must prevent discrimination based on race, religion, age, or sex under the Human Rights Act, Sections 1, 7–15. These sections prohibit unequal treatment in employment, services, housing, contracts, and membership in organizations, and extend protections to those associated with individuals identified by a protected ground. Employers are responsible for ensuring inclusive hiring practices, fair treatment, and a harassment-free work environment, and must accommodate employees unless doing so causes undue hardship.

Part 1 - Interpretation And Application

In this Act

"Discrimination" includes the conduct described in subsections 7(6), 9(1), 10(1), 11(1), 12(1), 13(1) and sections 14 and 15;

"Harass" means to engage in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome; Section 1.

PART 2 - Prohibitions

Prohibited Grounds of Discrimination and Intent

(1) For the purposes of this Act, the prohibited grounds of discrimination are race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, family status, pregnancy, lawful source of income and a conviction for which a pardon has been granted.

Affirmative Action Programs

(2) Nothing in this Act precludes any law, program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection (1), and that achieves or is likely to achieve that objective.

Previously Approved Programs

(3) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its objective the amelioration of conditions of disadvantaged individuals or groups and that achieves or is likely to achieve that objective.

Pregnancy and Adoption

(4) Whenever this Act protects an individual from discrimination on the basis of sex, the protection includes, without limitation,

(a) the protection of a female from discrimination on the basis that she may become pregnant or may adopt a child; and

(b) the protection of a male from discrimination on the basis that he may adopt a child.

Multiple Grounds, Association

(5) Whenever this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of:

(a) two or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and

(b) the individual's association or relationship, whether actual or perceived, with an individual or class of individuals identified by a prohibited ground of discrimination.

Harassment

(6) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals:

(a) in the provision of goods, services, facilities or contracts;

(b) in the provision of commercial premises or residential accommodation;

(c) in matters related to employment; or

(d) in matters related to membership in an employees' organization, trade union, trade association, occupational or professional association or society, employers' organization or co-operative association or organization. Section 7(1) to (6).

Intent

Discrimination on the basis of one or more prohibited grounds is a contravention of this Act whether or not there is an intention to discriminate. Section 8.

Tenancy

Discrimination Regarding Tenancy

(1) No person shall, on the basis of a prohibited ground of discrimination, unless done in good faith and with reasonable justification,

(a) deny to any individual or class of individuals the right to occupy as a tenant any commercial premises or residential accommodation that is advertised or otherwise in any way represented as being available for occupancy by a tenant; or

(b) discriminate against any individual or class of individuals with respect to any term or condition of occupancy of any commercial premises or residential accommodation.

Exceptions

(2) Subsection (1) does not apply to,

(a) the choice of a tenant for a unit in a duplex by the owner of the duplex, if the owner occupies the other unit in the duplex;

(b) the choice of a boarder or roomer for a private residence by the occupier of the residence; or

(c) accommodation that is within a class that is prescribed under this Act. Section 13(1)(2).

For more information:

  • Section 9.
  • Employment applications and advertisements. Section 10.
  • Goods, Services, Facilities or Contracts. Section 12.
  • Section 14.
  • Discharge, Suspension, and Intimidation. Section 15.

Further details on the Human Rights Act can be found at nunavutlegislation.ca.

ONTARIO

In Ontario, employers must address workplace discrimination under the Human Rights Code, Sections 1 to 9, and 29. The Code prohibits discrimination in employment, housing, services, and contracts based on race, gender, disability, age, and other protected grounds. Employers are responsible for ensuring equal opportunities, preventing workplace harassment, and fostering a respectful work environment.

Part I - Freedom from Discrimination

Services

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability. Section 1.

Accommodation

(1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, or the receipt of public assistance.

Harassment in Accommodation

(2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, or the receipt of public assistance. Section 2(1)(2).

Contracts

Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability. Section 3 .

Accommodation of Person Under Eighteen

(1) Every sixteen or seventeen year old person who has withdrawn from parental control has a right to equal treatment with respect to occupancy of and contracting for accommodation without discrimination because the person is less than eighteen years old.

Idem

(2) A contract for accommodation entered into by a sixteen or seventeen year old person who has withdrawn from parental control is enforceable against that person as if the person were eighteen years old. Section 4(1)(2).

Employment

(1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability.

Harassment in Employment

(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability. Section 5(1)(2).

Vocational Associations

Every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability. Section 6.

Sexual Harassment

Harassment Because of Sex in Accommodation

(1) Every person who occupies accommodation has a right to freedom from harassment because of sex, sexual orientation, gender identity or gender expression by the landlord or agent of the landlord or by an occupant of the same building.

Harassment Because of Sex in Workplaces

(2) Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or agent of the employer or by another employee.

Sexual Solicitation by a Person in Position to Confer Benefit, etc.

(3) Every person has a right to be free from,

(a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. Section 7 (1) to (3).

Reprisals

Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. Section 8. 

Infringement Prohibited

No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part. Section 9. 

For more information:

  • Functions of Commission. Section 29(a) to (k).

Further details on the Human Rights Code can be found at ontario.ca.

PRINCE EDWARD ISLAND

In Prince Edward Island, employers must address workplace discrimination under the Human Rights Act, Sections 6, 13, 17 and 18. The Act prohibits discrimination in employment, hiring, and workplace policies based on race, gender, disability, age, and other protected grounds. Employers are responsible for ensuring equal opportunity, preventing discriminatory hiring practices, and maintaining a respectful work environment.

Part I — Discrimination Prohibited

Discrimination in Employment Prohibited

(1) No person shall refuse to employ or to continue to employ any individual:

(a) on a discriminatory basis, including discrimination in any term or condition of employment; or

(b) because the individual has been convicted of a criminal or summary conviction offence that is unrelated to the employment or intended employment of the individual.

Employment Agencies

(2) No employment agency shall accept an inquiry in connection with employment from any employer or prospective employee that directly or indirectly expresses any limitation, specification or preference or invites information that is discriminatory and no employment agency shall discriminate against any individual.

Application for Employment Forms

(3) No person shall use or circulate any form of application for employment or publish any advertisement in connection with employment or prospective employment or make any inquiry in connection with employment that directly or indirectly expresses any limitation, specification or preference or invites information that is discriminatory.

Application of Section

(4) This section does not apply to:

(a) a refusal, limitation, specification or preference based on a genuine occupational qualification;

(b) employment where disability is a reasonable disqualification;

(c) an exclusively religious or ethnic organization or an agency of such an organization that is not operated for private profit and that is operated primarily to foster the welfare of a religious or ethnic group with respect to persons of the same religion or ethnic origin as the case may be, if age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income is a reasonable occupational qualification. Section 6(1) to (4).

Discrimination Because of Association

No person shall discriminate against an individual or a class of individuals in any manner prescribed by this Act because of the age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income of any person with whom the individual or the class of individuals associates. Section 13.

Part II — Human Rights Commission

Powers and Duties of Commission

The Commission shall:

(a) administer and enforce this Act;

(b) develop a program of public information and education in the field of human rights to forward the principle that every person is free and equal in dignity and rights without regard to age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income;

(c) advise the government on suggestions, recommendations and requests made by private organizations and individuals;

(d) report as required by the Minister on the business and activities of the Commission;

(e) consider, investigate, or administer any matter or activity referred to the Commission by the Lieutenant Governor in Council or the Minister. Section 18(a) to (e).

Further details on the Human Rights Act can be found at princeedwardisland.ca.

QUÉBEC

In Québec, employers must address workplace discrimination under the Charter of Human Rights and Freedoms, Sections 10 to 20 and 71. The Charter prohibits discrimination in employment, hiring, wages, and workplace conditions based on race, gender, disability, age, and other protected grounds. Employers are responsible for ensuring equal opportunities, preventing discriminatory hiring practices, and maintaining a respectful work environment.

Part I - Human Rights and Freedoms

Right To Equal Recognition and Exercise of Rights and Freedoms

  1. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap, or the use of any means to palliate a handicap.

Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.

10.1. No one may harass a person on the basis of any ground mentioned in section 10.

  1. No one may distribute, publish or publicly exhibit a notice, symbol or sign involving discrimination, or authorize anyone to do so.
  2. No one may, through discrimination, refuse to make a juridical act concerning goods or services ordinarily offered to the public.
  3. No one may in a juridical act stipulate a clause involving discrimination.

Such a clause is without effect.

  1. The prohibitions contemplated in sections 12 and 13 do not apply to the person who leases a room situated in a dwelling if the lessor or his family resides in such dwelling, leases only one room and does not advertise the room for lease by a notice or any other public means of solicitation.
  2. No one may, through discrimination, inhibit the access of another to public transportation or a public place, such as a commercial establishment, hotel, restaurant, theatre, cinema, park, camping ground or trailer park, or his obtaining the goods and services available there.
  3. No one may practice discrimination in respect of the hiring, apprenticeship, duration of the probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal or conditions of employment of a person or in the establishment of categories or classes of employment.
  4. No one may practice discrimination in respect of the admission, enjoyment of benefits, suspension or expulsion of a person to, of or from an association of employers or employees or any professional order or association of persons carrying on the same occupation.
  5. No employment bureau may practice discrimination in respect of the reception, classification or processing of a job application or in any document intended for submitting an application to a prospective employer.

18.1. No one may, in an employment application form or employment interview, require a person to give information regarding any ground mentioned in section 10 unless the information is useful for the application of section 20 or the implementation of an affirmative action program in existence at the time of the application.

18.2. No one may dismiss, refuse to hire or otherwise penalize a person in his employment owing to the mere fact that he was convicted of a penal or criminal offence, if the offence was in no way connected with the employment or if the person has obtained a pardon for the offence.

  1. Every employer must, without discrimination, grant equal salary or wages to the members of his personnel who perform equivalent work at the same place.

A difference in salary or wages based on experience, seniority, years of service, merit, productivity or overtime is not considered discriminatory if such criteria are common to all members of the personnel.

Adjustments in compensation and a pay equity plan are deemed not to discriminate on the basis of gender if they are established in accordance with the Pay Equity Act (chapter E-12.001).

  1. A distinction, exclusion or preference based on the aptitudes or qualifications required for an employment, or justified by the charitable, philanthropic, religious, political or educational nature of a non-profit institution or of an institution devoted exclusively to the well-being of an ethnic group, is deemed non-discriminatory.

20.1. In an insurance or pension contract, a social benefits plan, a retirement, pension or insurance plan, or a public pension or public insurance plan, a distinction, exclusion or preference based on age, sex or civil status is deemed non-discriminatory where the use thereof is warranted and the basis therefor is a risk determination factor based on actuarial data.

In such contracts or plans, the use of health as a risk determination factor does not constitute discrimination within the meaning of section 10.

For more information:

  • Functions of Commission. Section 71.

Further details on the Charter of Human Rights and Freedoms can be found at legisquebec.gouv.qc.ca.

SASKATCHEWAN

In Saskatchewan, employers must address workplace discrimination under the Human Rights Code, Sections 9 to 19, and 24. The Code prohibits discrimination in employment, hiring, promotions, wages, and workplace conditions based on race, gender, disability, age, and other protected grounds. Employers must ensure equal opportunities, fair hiring practices, and a non-discriminatory work environment.

Prohibition of Certain Discriminatory Practices - Part 3

Right to Engage in Occupations

Every person and every class of persons has the right to engage in and carry on any occupation, business or enterprise under the law without discrimination on the basis of a prohibited ground. Section 9.

Discrimination in Sale of Property Prohibited

(1) No person shall, on the basis of a prohibited ground:

(a) deny to a person or class of persons the opportunity to purchase a commercial unit or dwelling unit that is advertised or in any way represented as being available for sale;

(b) deny to a person or class of persons the opportunity to purchase or otherwise acquire land or an interest in land; or

(c) discriminate against a person or class of persons with respect to any term or condition of the purchase or other acquisition of a commercial unit, dwelling unit, land or interest in land.

(2) Nothing in subsection (1) prohibits the sale, the offering for sale or the advertising for sale of a dwelling unit for occupancy exclusively by persons who are 55 years of age or more. Section 10(1)(2).

Discrimination in Rental of Property Prohibited

(1) No person, directly or indirectly, alone or with another or by the interposition of another, shall, on the basis of a prohibited ground:

(a) deny to a person or class of persons occupancy of any commercial unit or any housing accommodation; or

(b) discriminate against a person or class of persons with respect to any term or condition of occupancy of any commercial unit or any housing accommodation.

(2) Subsection (1) does not apply to discrimination on the basis of the sex of a person with respect to housing accommodation if the occupancy of all of the housing accommodation in a building, except that of the owner or the owner’s family, is restricted to individuals who are of the same sex.

(3) Subsection (1) does not apply to discrimination on the basis of the sex of a person with respect to the renting or leasing of a dwelling unit in any housing accommodation that is composed of not more than 2 dwelling units that share a common entrance, if the owner of the housing accommodation or the owner’s family resides in one of the dwelling units.

(4) Nothing in subsection (1) prohibits the renting or leasing, the offering for rent or lease, or the advertising for rent or lease of any housing accommodation for occupancy exclusively by persons who are 55 years of age or more. Section 11 (1) to (4).

Discrimination in Accommodation, Service, or Facility Prohibited

(1) No person, directly or indirectly, alone or with another or by the interposition of another, shall, on the basis of a prohibited ground:

(a) deny to a person or class of persons any accommodation, service or facility to which the public is customarily admitted or that is offered to the public; or

(b) discriminate against a person or class of persons with respect to any accommodation, service or facility to which the public is customarily admitted or that is offered to the public.

(2) Subsection (1) does not apply to prevent the barring of any person on the basis of that person’s sex from any accommodation, service or facility on the ground of public decency.

(3) Subsection (1) does not apply to prevent the giving of preference on the basis of age, marital status or family status with respect to membership dues, fees or other charges for services or facilities. Section 12(1) to (3).

Right to Education

(1) Every person and every class of persons has the right to education in any school, college, university or other institution or place of learning, vocational training or apprenticeship without discrimination on the basis of a prohibited ground other than age.

(2) Nothing in subsection (1) prevents a school, college, university or other institution or place of learning from following a restrictive policy with respect to enrolment on the basis of sex, creed, religion or disability if:

(a) it enrolls persons of a particular sex, creed or religion exclusively;

(b) it is operated by a religious order or society; or

(c) it enrolls persons with a disability. Section 13(1)(2).

For more information:

  • Part 1 – Definitions. Section 2(1)(a) to (o).
  • Discriminatory publications prohibited. Section 14(1)(2).
  • Discrimination in contracts prohibited. Section 15(1).
  • Discrimination in employment prohibited. Section 16(1).
  • Right to membership in occupational associations. Section 17.
  • Employment applications and advertisements not to express discrimination. Section 19(1)(2).
  • Part 4 – Administration - Duties of commission. Sections 24.

Further details on the Saskatchewan Human Rights Code can be found at saskatchewan.ca.

YUKON TERRITORY

In Yukon, employers must address workplace discrimination under the Human Rights Act, Sections 7 and 16. The Act prohibits discrimination in employment, hiring, and workplace conditions based on race, gender, disability, age, criminal record, and other protected grounds. Employers must ensure equal treatment, fair hiring practices, and a non-discriminatory work environment.

Discriminatory Practices - Part 2

Prohibited Grounds

It is discrimination to treat any individual or group unfavourably on any of the following grounds:

(a) ancestry, including colour and race;

(b) national origin;

(c) ethnic or linguistic background or origin;

(d) religion or creed, or religious belief, religious association, or religious activity;

(e) age;

(f) sex, including pregnancy, and pregnancy related conditions;

(f.01) gender identity or gender expression;

(g) sexual orientation;

(h) physical or mental disability;

(i) criminal charges or criminal record;

(j) political belief, political association, or political activity;

(k) marital or family status;

(l) source of income;

(m) actual or presumed association with other individuals or groups whose identity or membership is determined by any of the grounds listed in paragraphs (a) to (l). Section 7 (a) to (m).

Yukon Human Rights Commission - Part 3

(1) There shall be a Yukon Human Rights Commission accountable to the Legislative Assembly and the commission shall:

(a) promote the principle that every individual is free and equal in dignity and rights;

(b) promote the principle that cultural diversity is a fundamental human value and a basic human right;

(c) promote education and research designed to eliminate discrimination;

(d) promote a settlement of complaints in accordance with the objects of this Act by agreement of all parties;

(e) cause complaints which are not settled by agreement to be adjudicated, and at the adjudication adopt the position which in the opinion of the commission best promotes the objects of this Act.

(2) The commission shall conduct education and research on the principle of equal pay for work of equal value in the private sector. Section 16(1)(2).

Further details on the Human Rights Act can be found at yukon.ca.