Canadian Human Rights Act, discriminatory practices in services, accommodation and employment, with the defences and the Tribunal's remedies

Section 2 states that the purpose of the Canadian Human Rights 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.

According to the Library of Parliament, Parts I and III of the Canadian Human Rights Act, dealing with rights and procedures, came into force on 1 March 1978.

Section 3(1) lists the prohibited grounds of discrimination as 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.

Section 3.1 provides that 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 5 makes it 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, facility or accommodation to any individual, or to differentiate adversely in relation to any individual, on a prohibited ground of discrimination.

Section 6 makes it 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 adversely in relation to any individual, on a prohibited ground of discrimination.

Section 7 makes it 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 employee, on a prohibited ground of discrimination.

Section 8 makes it 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 make any written or oral inquiry that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.

Section 10 makes it 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, 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.

Section 15(1)(g) provides that, in the circumstances described in section 5 or 6, a denial or an adverse differentiation is not a discriminatory practice if there is bona fide justification for it.

Section 15(2) requires it to be established, for a practice to be considered to be based on a bona fide occupational requirement or to have a bona fide justification, 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.

Section 15(8) applies section 15 in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination. Section 40(1) allows any individual or group of individuals having reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice to file a complaint with the Canadian Human Rights Commission.

Under section 49(1), at any stage after the filing of a complaint, the Canadian Human Rights Commission may request the Chairperson of the Canadian Human Rights Tribunal to institute an inquiry into the complaint if the Commission is satisfied that an inquiry is warranted.

If the member or panel conducting the inquiry finds the complaint substantiated, section 53(2) lets the member or panel order the person to cease the discriminatory practice and take measures, in consultation with the Commission, to redress or prevent the practice, to make available the rights, opportunities or privileges denied, to compensate the victim for lost wages and expenses and for the additional costs of obtaining alternative goods, services, facilities or accommodation, and to compensate the victim by an amount not exceeding twenty thousand dollars for pain and suffering.

Section 53(3) lets the member or panel order the person to pay compensation not exceeding twenty thousand dollars to the victim if it finds that the person is engaging or has engaged in the discriminatory practice wilfully or recklessly.

In a statement of 8 June 2026 responding to the national artificial intelligence strategy, the Commission said that strong oversight, clear regulatory alignment, proactive safeguards, and human rights impact assessment are required before AI systems are deployed in areas that affect people's access to services, benefits, employment, education, housing, health care, policing, or justice.