R.S.C., 1985, c. H-6 An Act to extend the laws in Canada that proscribe discrimination Marginal note:Short title 1 This Act may be cited as the Canadian Human Rights Act. Purpose of ActMarginal note:Purpose 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, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
PART IProscribed DiscriminationGeneralMarginal note:Prohibited grounds of discrimination
Marginal note:Multiple grounds of discrimination 3.1 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.
Marginal note:Orders regarding discriminatory practices 4 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.
Discriminatory PracticesMarginal note: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
on a prohibited ground of discrimination.
Marginal note:Denial of commercial premises or residential accommodation 6 It is a discriminatory practice in the provision of commercial premises or residential accommodation
on a prohibited ground of discrimination.
Marginal note:Employment 7 It is a discriminatory practice, directly or indirectly,
on a prohibited ground of discrimination.
Marginal note:Employment applications, advertisements 8 It is a discriminatory practice
that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.
Marginal note:Employee organizations
Marginal note:Discriminatory policy or practice 10 It is a discriminatory practice for an employer, employee organization or employer organization
that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination.
Marginal note:Equal wages
Marginal note:Publication of discriminatory notices, etc. 12 It is a discriminatory practice to publish or display before the public or to cause to be published or displayed before the public any notice, sign, symbol, emblem or other representation that
if the discrimination expressed or implied, intended to be expressed or implied or incited or calculated to be incited would otherwise, if engaged in, be a discriminatory practice described in any of sections 5 to 11 or in section 14.
13 [Repealed, 2013, c. 37, s. 2] Marginal note:Harassment
Marginal note:Retaliation 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.
Marginal note:Exceptions
Marginal note:Special programs
Marginal note:Plans to meet the needs of disabled persons
Marginal note:Rescinding approval of plan
Marginal note:Opportunity to make representations
Marginal note:Certain provisions not discriminatory 20 A provision of a pension or insurance fund or plan that preserves rights acquired before March 1, 1978 or that preserves pension or other benefits accrued before that day does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
Marginal note:Funds and plans 21 The establishment of separate pension funds or plans for different groups of employees does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice if the employees are not grouped in those funds or plans according to a prohibited ground of discrimination.
Marginal note:Regulations 22 The Governor in Council may, by regulation, prescribe the provisions of any pension or insurance fund or plan, in addition to the provisions described in sections 20 and 21, that do not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
Marginal note:Regulations 23 The Governor in Council may make regulations respecting the terms and conditions to be included in or applicable to any contract, licence or grant made or granted by Her Majesty in right of Canada providing for
Marginal note:Accessibility standards
Marginal note:Definitions 25 In this Act, conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been orderedconviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect; (état de personne graciée) conviction for which a pardon has been grantedconviction for which a pardon has been granted[Repealed, 2012, c. 1, s. 139] disabilitydisability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug; (déficience) employee organizationemployee organization includes a trade union or other organization of employees or a local, the purposes of which include the negotiation of terms and conditions of employment on behalf of employees; (organisation syndicale) employer organizationemployer organization means an organization of employers the purposes of which include the regulation of relations between employers and employees; (organisation patronale) employmentemployment includes a contractual relationship with an individual for the provision of services personally by the individual; (emploi) TribunalTribunal means the Canadian Human Rights Tribunal established by section 48.1. (Tribunal)
PART IICanadian Human Rights CommissionMarginal note:Commission established
Powers, Duties and FunctionsMarginal note:Powers, duties and functions
Marginal note:Assignment of duties
Marginal note:Convention on the Rights of Persons with Disabilities 28.1 The Commission is, for the purposes of paragraph 2 of article 33 of the Convention on the Rights of Persons with Disabilities, adopted by the General Assembly of the United Nations on December 13, 2006, designated as a body responsible for monitoring the Government of Canada’s implementation of that Convention.
Marginal note:Regulations 29 The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III.
RemunerationMarginal note:Salaries and remuneration
Officers and StaffMarginal note:Chief Commissioner
Marginal note:Staff
Marginal note:Accessibility unit 32.1 The officers and employees of the Commission that support the Accessibility Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Accessible Canada Act may be referred to as the “Accessibility Unit”.
Marginal note:Pay Equity Unit 32.2 The officers and employees of the Commission that support the Pay Equity Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Pay Equity Act may be referred to as the “Pay Equity Unit”.
Marginal note:Compliance with security requirements
Marginal note:Head office
Marginal note:Majority is a decision of the Commission 35 A decision of the majority of the members present at a meeting of the Commission, if the members present constitute a quorum, is a decision of the Commission.
Marginal note:Establishment of divisions
Marginal note:Pay Equity Division
Marginal note:By-laws
Marginal note:Superannuation, etc. 38 The full-time members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Accessibility CommissionerMarginal note:Powers, duties and functions 38.1 In addition to being a member of the Commission, the Accessibility Commissioner has the powers, duties and functions assigned to him or her by the Accessible Canada Act.
Marginal note:Absence or incapacity of Accessibility Commissioner 38.2 In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.
Pay Equity CommissionerMarginal note:Powers, duties and functions 38.3 In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act.
Marginal note:Absence or incapacity of Pay Equity Commissioner
PART IIIDiscriminatory Practices and General ProvisionsDefinition 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.
Marginal note:Complaints
Marginal note:Disclosure of personal information 40.01 For the purpose of the administration of the Accessible Canada Act, an officer or employee of the Commission may disclose to the Accessibility Commissioner any personal information that is contained in a complaint filed with the Commission.
Marginal note:Definitions
Marginal note:Non-application of sections 7, 10 and 11
Marginal note:Commission to deal with complaint
Marginal note:Notice
InvestigationMarginal note:Designation of investigator
Marginal note:Report
Marginal note:Definition of Review Agency
Marginal note:Report
ConciliatorMarginal note:Appointment of conciliator
SettlementMarginal note:Referral of a settlement to Commission
Canadian Human Rights TribunalMarginal note:Establishment of Tribunal
Marginal note:Terms of office
Marginal note:Remedial and disciplinary measures
Marginal note:Status of members
Marginal note:Residence 48.5 The full-time members of the Tribunal shall reside in the National Capital Region, as described in the schedule to the National Capital Act, or within forty kilometres of that Region.
Marginal note:Remuneration
Marginal note:Head office 48.7 The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act.
48.8 [Repealed, 2014, c. 20, s. 415] Marginal note:Conduct of proceedings
Inquiries into ComplaintsMarginal note:Request for inquiry
Marginal note:Conduct of inquiry
Marginal note:Duty of Commission on appearing 51 In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the complaint.
Marginal note:Hearing in public subject to confidentiality order
Marginal note:Complaint dismissed
Marginal note:Limitation 54 No order that is made under subsection 53(2) may contain a term
Marginal note:Definitions
55 and 56 [Repealed, 1998, c. 9, s. 29] Marginal note:Enforcement of order 57 An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy.
Marginal note:Application respecting disclosure of information
Marginal note:Intimidation or discrimination 59 No person shall threaten, intimidate or discriminate against an individual because that individual has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Part, or because that individual proposes to do so.
Offences and PunishmentMarginal note:Offence
ReportsMarginal note:Annual report of Commission
Minister ResponsibleMarginal note:Minister of Justice 61.1 The Minister of Justice is responsible for this Act, and the powers of the Governor in Council to make regulations under this Act, with the exception of section 29, are exercisable on the recommendation of that Minister.
ApplicationMarginal note:Limitation
Marginal note:Application in the territories 63 Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could be the subject of a complaint under this Part had it occurred in a province.
Marginal note:Canadian Forces and Royal Canadian Mounted Police 64 For the purposes of this Part and Parts I and II, members of the Canadian Forces and the Royal Canadian Mounted Police are deemed to be employed by the Crown.
Marginal note:Acts of employees, etc.
PART IVApplicationMarginal note:Binding on Her Majesty
67 [Repealed, 2008, c. 30, s. 1] What does the Canadian Human Rights Act prohibit?The Canadian Human Rights Act, created in 1977, is designed to ensure equality of opportunity. It prohibits discrimination on the basis of race, age, sex and a variety of other categories.
Is the Canadian Human Rights Act a law?The Canadian Human Rights Act (French: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds. R.S.C.
Does Canada have an equality Act?The act states that, “all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination on the basis of sex, sexual orientation, marital status and family status.”
What does the Canadian Constitution say about discrimination?(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
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