Human Rights Act of Canada (1985) (excerpts related to Gender Equality) (English)
[excerpts]
Canadian Human Rights Act (R.S. 1985, c. H-6)
PURPOSE OF ACT
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, marital status, family status, disability or conviction for an offence for which a pardon has been granted.
R.S., 1985, c. H-6, s. 2; 1996, c. 14, s. 1; 1998, c. 9, s. 9.
PART IPROSCRIBED DISCRIMINATION
General
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.
Idem
(2) Where the ground of discrimination is pregnancy or child-birth, the discrimination shall be deemed to be on the ground of sex.
R.S., 1985, c. H-6, s. 3; 1996, c. 14, s. 2.
Multiple grounds of discrimination
3.1For 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.
1998, c. 9, s. 11.
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 sections 53 and 54.
R.S., 1985, c. H-6, s. 4; 1998, c. 9, s. 11.
Discriminatory Practices
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.
Employment
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.
Employee organizations
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.
Exception
(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).
Equal wages
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.
Assessment of value of work
(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.
Separate establishments
(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.
Idem
(5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.
No reduction of wages
(6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section.
Definition of "wages"
(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.
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
(a) expresses or implies discrimination or an intention to discriminate, or
(b) incites or is calculated to incite others to discriminate
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.
1976-77, c. 33, s. 12; 1980-81-82-83, c. 143, s. 6.
Hate messages
13.(1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Interpretation
(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
Interpretation
(3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of that matter.
R.S., 1985, c. H-6, s. 13; 2001, c. 41, s. 88.
Harassment
14.(1) It is a discriminatory practice,
(a) in the provision of goods, services, facilities or accommodation customarily available to the general public,
(b) in the provision of commercial premises or residential accommodation, or
(c) in matters related to employment,
to harass an individual on a prohibited ground of discrimination.
Sexual harassment
(2) Without limiting the generality of subsection (1), sexual harassment shall, for the purposes of that subsection, be deemed to be harassment on a prohibited ground of discrimination.
1980-81-82-83, c. 143, s. 7.
Retaliation
14.1It 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.
1998, c. 9, s. 14.
Exceptions
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 abona fideoccupational 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 thePension 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 isbona fidejustification for that denial or differentiation.
Accommodation of needs
(2) For any practice mentioned in paragraph (1)(a) to be considered to be based on abona fideoccupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have abona fidejustification, 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.
Regulations
(3) The Governor in Council may make regulations prescribing standards for assessing undue hardship.
Publication of proposed regulations
(4) Each regulation that the Governor in Council proposes to make under subsection (3) shall be published in theCanada Gazetteand a reasonable opportunity shall be given to interested persons to make representations in respect of it.
Consultations
(5) The Canadian Human Rights Commission shall conduct public consultations concerning any regulation proposed to be made by the Governor in Council under subsection (3) and shall file a report of the results of the consultations with the Minister within a reasonable time after the publication of the proposed regulation in theCanadaGazette.
Exception
(6) A proposed regulation need not be published more than once, whether or not it has been amended as a result of any representations.
Making of regulations
(7) The Governor in Council may proceed to make regulations under subsection (3) after six months have elapsed since the publication of the proposed regulations in theCanada Gazette, whether or not a report described in subsection (5) is filed.
Application
(8) This section applies in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination.
Universality of service for Canadian Forces
(9) Subsection (2) is subject to the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.
R.S., 1985, c. H-6, s. 15; R.S., 1985, c. 32 (2nd Supp.), s. 41; 1998, c. 9, ss. 10, 15.
Special programs
16.(1) 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 reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group.
Advice and assistance
(2) The Canadian Human Rights Commission, may
(a) make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and
(b) on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve.
Collection of information relating to prohibited grounds
(3) It is not a discriminatory practice to collect information relating to a prohibited ground of discrimination if the information is intended to be used in adopting or carrying out a special program, plan or arrangement under subsection (1).
R.S., 1985, c. H-6, s. 16; 1998, c. 9, s. 16.