Canadian Human Rights Act (Canada)

Canada's federal anti-discrimination legislation prohibiting discrimination in employment and the provision of services within federally regulated industries and the federal government, covering 13 prohibited grounds including race, sex, disability, age, and gender identity.

What Is the Canadian Human Rights Act?

Key Takeaways

  • ✓The Canadian Human Rights Act (R.S.C., 1985, c. H-6) is the federal statute that prohibits discrimination in employment and services within federally regulated industries and the federal public service.
  • ✓It covers 13 prohibited grounds: 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 a pardoned offence.
  • ✓The Canadian Human Rights Commission (CHRC) receives and investigates complaints, while the Canadian Human Rights Tribunal (CHRT) adjudicates cases referred to it by the Commission.
  • ✓The Act applies only to federally regulated employers. Provincial human rights codes cover the majority of Canadian workplaces.
  • ✓Major 2017 amendments added gender identity and gender expression as prohibited grounds, and genetic characteristics was added to prevent discrimination based on genetic testing.

Canada's human rights system is split between federal and provincial jurisdiction, just like employment standards. The Canadian Human Rights Act covers the federal piece: banks, airlines, telecoms, the federal government, First Nations organizations, and other federally regulated employers. Everyone else falls under their province's or territory's human rights code. The Act has two main functions. First, it prohibits discriminatory practices in employment: refusing to hire, firing, or creating adverse working conditions because of a prohibited ground. Second, it prohibits discrimination in the provision of services by federally regulated organizations. The practical distinction matters for HR teams. If your company is federally regulated, you need to know the CHRA. If your company is provincially regulated, you need to know your province's human rights code (the Ontario Human Rights Code, BC Human Rights Code, or the relevant legislation in your province). The 13 prohibited grounds are broader than in many countries. Canada was one of the first nations to include sexual orientation (1996) and gender identity (2017) as explicit prohibited grounds at the federal level. The inclusion of genetic characteristics (2017) was forward-looking, protecting individuals from discrimination based on genetic test results before widespread employer genetic testing became a realistic concern.

13Prohibited grounds of discrimination under the Canadian Human Rights Act
$20,000Maximum special compensation for willful or reckless discriminatory practice (CHRA section 53)
1977Year the Canadian Human Rights Act was enacted, one of the earliest modern human rights statutes
2,394Complaints accepted by the Canadian Human Rights Commission in 2022-23 (CHRC Annual Report)

The 13 Prohibited Grounds of Discrimination

Each ground has been interpreted through decades of Tribunal decisions and case law.

GroundScopeKey Cases/Interpretations
RaceIncludes socially constructed categories of racial identityBroad interpretation, includes perceived race
National or ethnic originCountry of birth, ancestry, ethnic backgroundCovers both national origin and ethnic heritage
ColourSkin colour or complexionCan overlap with race but is a separate ground
ReligionReligious beliefs, practices, and observance requirementsIncludes duty to accommodate religious practices (dress, prayer times, holidays)
AgeNo minimum or maximum specified (unlike some provinces)Covers all ages; mandatory retirement provisions eliminated federally
SexIncludes pregnancy, childbirth, and related conditionsSexual harassment interpreted as sex discrimination
Sexual orientationAdded 1996 (read in by courts), codified 2017Covers heterosexual, homosexual, bisexual, and other orientations
Gender identity or expressionAdded 2017 via Bill C-16Covers transgender, non-binary, and gender-diverse individuals
Marital statusMarried, single, widowed, divorced, separated, common-lawCan't disadvantage based on partner's identity or status
Family statusParent-child relationship, caregiving obligationsJohnstone v Canada Border Services Agency: duty to accommodate childcare needs
Genetic characteristicsAdded 2017 via Genetic Non-Discrimination ActProhibits requiring genetic tests or using genetic test results
DisabilityPhysical, mental, learning, developmental, sensoryBroadest duty to accommodate, up to undue hardship
Conviction for pardoned offenceRecord suspension (formerly pardon) grantedCan't discriminate against someone whose criminal record has been suspended

The Duty to Accommodate

The duty to accommodate is the cornerstone obligation under Canadian human rights law.

How accommodation works

When an employment requirement adversely affects someone based on a prohibited ground, the employer must accommodate the individual up to the point of undue hardship. This applies to disability (modified duties, accessible workstations, flexible hours), religion (prayer breaks, schedule changes for observances, dress code exceptions), family status (adjusted hours for childcare, relocation policies), and any other prohibited ground. The employee must participate in the accommodation process by identifying their needs and providing relevant information. It's a collaborative process, not a one-sided obligation.

Undue hardship

The employer only needs to accommodate up to the point of undue hardship. The CHRC identifies three factors for assessing undue hardship: health, safety, and cost. Undue hardship must be based on evidence, not assumptions. "It would cost too much" isn't enough without actual cost analysis. "Other employees would complain" isn't undue hardship. "We've always done it this way" isn't undue hardship. Courts and tribunals set a high bar for proving undue hardship, particularly for large employers with significant resources.

Bona fide occupational requirement (BFOR)

An employer can impose a requirement that would otherwise be discriminatory if it can demonstrate the requirement is a bona fide occupational requirement. The three-part Meiorin test (from the Supreme Court of Canada) requires the employer to prove: the requirement was adopted for a purpose rationally connected to the job, the requirement was adopted in an honest and good-faith belief that it was necessary, and the requirement is reasonably necessary, meaning the employer can't accommodate without undue hardship. For example, a vision requirement for airline pilots may be a BFOR. A height requirement for firefighters may not be, if the actual job demands can be met by shorter individuals.

The Complaint and Adjudication Process

Complaints follow a structured process through two separate bodies.

Filing with the Commission

Complaints must be filed with the Canadian Human Rights Commission within 1 year of the alleged discriminatory act (extendable in certain circumstances). The Commission screens complaints, investigates, and can attempt to mediate a settlement. If the Commission finds the complaint has merit and mediation fails, it refers the case to the Canadian Human Rights Tribunal. The Commission can also dismiss complaints that are frivolous, vexatious, or better dealt with by another process (like a union grievance). About 60% of complaints are resolved before reaching the Tribunal.

Tribunal proceedings

The Canadian Human Rights Tribunal is a quasi-judicial body that hears and decides referred cases. Hearings are similar to court proceedings: witnesses testify, evidence is presented, and the Tribunal issues a binding decision. Remedies available include compensation for lost wages and expenses, compensation for pain and suffering (up to $20,000), special compensation for willful or reckless discrimination (up to $20,000), orders to cease the discriminatory practice, and orders to implement anti-discrimination policies and training. The $20,000 caps were set in 1998 and haven't been increased. Critics argue they're too low to deter discrimination, and there have been calls to raise them significantly.

Harassment Under the CHRA

Harassment based on a prohibited ground is a form of discrimination under the Act.

What constitutes harassment

Harassment is a course of vexatious comment or conduct related to a prohibited ground that is known, or ought reasonably to be known, to be unwelcome. A single severe incident can constitute harassment if it's serious enough. Sexual harassment is explicitly covered and includes unwelcome sexual advances, requests for sexual favours, and verbal or physical conduct of a sexual nature. The Bill C-65 amendments (2018) to the Canada Labour Code also created a separate harassment and violence prevention regime for federally regulated workplaces, which works alongside the CHRA provisions.

Employer liability

Employers are responsible for maintaining a harassment-free workplace. An employer can be held liable for harassment by managers, co-workers, and even third parties (customers, clients) if the employer knew or should have known about the harassment and failed to take appropriate action. Having a policy isn't enough. The employer must demonstrate that the policy is communicated, enforced, and that complaints are investigated promptly and effectively. An employer who investigates properly and takes corrective action can reduce (but not necessarily eliminate) their liability.

CHRA Compliance Checklist for Federal Employers

Actions to meet your obligations under the Canadian Human Rights Act.

  • Develop and communicate a clear anti-discrimination and harassment policy that lists all 13 prohibited grounds. Update it when new grounds are added.
  • Implement an accommodation process: how employees request accommodation, who handles requests, timelines for response, documentation requirements, and the interactive dialogue process.
  • Train all managers on the duty to accommodate, the Meiorin BFOR test, and how to handle accommodation requests without requiring unnecessary personal information.
  • Review job postings and job descriptions for requirements that may indirectly discriminate (height, weight, availability for specific days, Canadian experience requirements).
  • Establish a confidential complaint mechanism for discrimination and harassment reports. Ensure multiple reporting channels so employees aren't forced to report to the person they're complaining about.
  • Conduct regular workplace assessments to identify systemic barriers. The CHRC recommends employment equity audits for federally regulated employers.
  • Maintain records of all accommodation requests, investigations, and outcomes. Documentation protects both the employer and employee in the event of a complaint.
  • Monitor Tribunal decisions relevant to your industry. The CHRT publishes all decisions, and they provide guidance on how the law is being interpreted.

How the CHRA Compares to Provincial Human Rights Codes

The provincial codes cover the majority of Canadian workers but differ in coverage and process.

FeatureFederal (CHRA)OntarioBritish ColumbiaQuebec
Prohibited grounds13171514 (Quebec Charter)
Filing deadline1 year1 year1 year2 years
ProcessCommission screens, Tribunal adjudicatesDirect access to Human Rights Tribunal of Ontario (HRTO)Direct access to BC Human Rights TribunalCommission investigates, Tribunal adjudicates
Pain and suffering cap$20,000No capNo capNo cap
Age ground scopeNo limits18-65 in employment (as of 2006)19+ (no upper limit)No limits
Social conditionNot coveredReceipt of social assistance coveredNot coveredCovered (income source, social status)

Canadian Human Rights Complaint Statistics [2023]

Data on federal human rights complaints and trends.

2,394
Complaints accepted by the Canadian Human Rights Commission in 2022-23CHRC Annual Report, 2023
58%
Of complaints that cite disability as a ground of discrimination (the most common ground)CHRC, 2023
60%+
Of complaints resolved before reaching the TribunalCHRC Annual Report, 2023
13
Prohibited grounds of discrimination under the CHRACanadian Human Rights Act

Frequently Asked Questions

Does the CHRA apply to my company?

Only if your company is federally regulated: banks, telecoms, broadcasting, interprovincial transportation, airlines, postal services, First Nations organizations, or federal Crown corporations. If your company isn't in one of these sectors, your province's or territory's human rights code applies instead. If you're unsure whether you're federally regulated, check which employment standards legislation you follow. If it's the Canada Labour Code, the CHRA applies. If it's a provincial employment standards act, the provincial human rights code applies.

What's the difference between discrimination and harassment?

Discrimination is differential treatment based on a prohibited ground. Refusing to promote someone because of their race is discrimination. Harassment is a course of vexatious comment or conduct based on a prohibited ground that is known or ought to be known to be unwelcome. Repeated racial slurs directed at a co-worker is harassment. Both are unlawful under the CHRA. Harassment is treated as a form of discrimination. A single incident can be discrimination (one adverse decision based on a prohibited ground), but harassment usually requires a pattern of conduct unless the single incident is sufficiently severe.

Can an employer ask about criminal records?

The CHRA prohibits discrimination based on a conviction for which a record suspension (pardon) has been granted. For non-pardoned offences, the CHRA doesn't explicitly address criminal record discrimination, but the CHRC's policy guidance indicates that a blanket refusal to hire anyone with a criminal record could constitute indirect discrimination on grounds of race or disability. Provincial human rights codes vary on this point. Ontario and British Columbia, for example, don't list criminal record as a prohibited ground (except for pardoned offences), while Quebec's Charter covers criminal records more broadly. Best practice: only ask about criminal records relevant to the specific position and assess each case individually.

Is there a minimum accommodation that employers must provide for disability?

There's no fixed minimum. The duty to accommodate is assessed case by case, considering the individual's needs and the employer's circumstances. However, common accommodations include modified duties or hours, accessible workstations (ramps, adjustable desks, screen readers), leave for medical treatment, reassignment to an alternative position if the current role can't be modified, and provision of assistive technology. The accommodation must be effective: it must actually address the barrier the employee faces. A token accommodation that doesn't remove the disadvantage doesn't satisfy the duty. The employer must explore all reasonable options before claiming undue hardship.

Are there employment equity obligations separate from the CHRA?

Yes. The Employment Equity Act (1995) imposes proactive obligations on federally regulated employers with 100 or more employees. Unlike the CHRA (which is complaint-based), employment equity requires employers to collect workforce data, identify underrepresentation of four designated groups (women, Indigenous peoples, persons with disability, and members of visible minorities), develop and implement employment equity plans, and file annual reports with the Labour Program. The Employment Equity Act is being reviewed and updated. Proposed changes include expanding the designated groups and strengthening enforcement. The CHRA and the Employment Equity Act work together: the CHRA addresses individual discrimination, while the Employment Equity Act addresses systemic barriers.
Adithyan RKWritten by Adithyan RK
Surya N
Fact-checked by Surya N
Published on: 25 Mar 2026Last updated:
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