Canadian Human Rights Act
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Canadian Human Rights Act .
Section 2 — Purpose
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…
Section 3 — Prohibited grounds of discrimination
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…
Section 3.1 — 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 4 — 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…
Section 5 — Denial of good, service, facility or accommodation
It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public to deny, or to deny access to, any such good, service,…
Section 6 — Denial of commercial premises or residential accommodation
It is a discriminatory practice in the provision of commercial premises or residential accommodation to deny occupancy of such premises or accommodation to any individual, or to differentiate…
Section 7 — Employment
It is a discriminatory practice, directly or indirectly, to refuse to employ or continue to employ any individual, or in the course of employment, to differentiate adversely in relation to an…
Section 8 — Employment applications, advertisements
It is a discriminatory practice to use or circulate any form of application for employment, or in connection with employment or prospective employment, to publish any advertisement or to make any…
Section 9 — Employee organizations
It is a discriminatory practice for an employee organization on a prohibited ground of discrimination to exclude an individual from full membership in the organization; to expel or suspend a member…
Section 10 — Discriminatory policy or practice
It is a discriminatory practice for an employer, employee organization or employer organization to establish or pursue a policy or practice, or to enter into an agreement affecting recruitment,…
Section 11 — Equal wages
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…
Section 12 — Publication of discriminatory notices, etc.
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…
Section 13
[Repealed, 2013, c. 37, s. 2]
Section 14 — Harassment
It is a discriminatory practice, in the provision of goods, services, facilities or accommodation customarily available to the general public, in the provision of commercial premises or residential…
Section 14.1 — Retaliation
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…
Section 15 — Exceptions
It is not a discriminatory practice if any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to any employment is established by an employer to be based…
Section 16 — Special programs
It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or…
Section 17 — Plans to meet the needs of disabled persons
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…
Section 18 — Rescinding approval of plan
If the Canadian Human Rights Commission is satisfied that, by reason of any change in circumstances, a plan approved under subsection 17(2) has ceased to be appropriate for meeting the needs of…
Section 19 — Opportunity to make representations
Before making its decision on an application or rescinding approval of a plan pursuant to section 17 or 18, the Canadian Human Rights Commission shall afford each person directly concerned with the…
Section 20 — Certain provisions not discriminatory
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…
Section 21 — Funds and plans
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…
Section 22 — Regulations
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…
Section 23 — Regulations
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…
Section 24 — Accessibility standards
The Governor in Council may, for the benefit of persons having any disability, make regulations prescribing standards of accessibility to services, facilities or premises. Where standards prescribed…
Section 25 — Definitions
In this Act, conviction 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…
Section 26 — Commission established
A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members…
Section 27 — Powers, duties and functions
In addition to its duties under Part III with respect to complaints regarding discriminatory practices, the Commission is generally responsible for the administration of this Part and Parts I and III…
Section 28 — Assignment of duties
On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and…
Section 28.1 — Convention on the Rights of Persons with Disabilities
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,…
Section 29 — Regulations
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…
Section 30 — Salaries and remuneration
Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by…
Section 31 — Chief Commissioner
The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission. In the…
Section 32 — Staff
Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act . The Commission may, for…
Section 32.1 — Accessibility unit
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…
Section 32.2 — Pay Equity Unit
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…
Section 33 — Compliance with security requirements
Every member of the Commission and every person employed by the Commission who is required to receive or obtain information relating to any investigation under this Act shall, with respect to access…
Section 34 — Head office
The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act . The Commission may establish such regional or branch offices, not…
Section 35 — Majority is a decision of the Commission
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.
Section 36 — Establishment of divisions
Subject to section 36.1, for the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the…
Section 36.1 — Pay Equity Division
On receipt of a complaint under section 40 alleging a discriminatory practice under section 11, the Chief Commissioner must establish, for the purposes of Part III, a Pay Equity Division of the…
Section 37 — By-laws
The Commission may make by-laws for the conduct of its affairs and, without limiting the generality of the foregoing, may make by-laws respecting the calling of meetings of the Commission or any…
Section 38 — Superannuation, etc.
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…
Section 38.1 — Powers, duties and functions
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 .
Section 38.2 — Absence or incapacity of Accessibility Commissioner
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…
Section 38.3 — Powers, duties and functions
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 .
Section 38.4 — Absence or incapacity of Pay Equity Commissioner
In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission,…
Section 39 — Definition of discriminatory practice
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.
Section 40 — Complaints
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…