3.3 Provincial Human Rights Laws

Organizations that do not fall under the Canadian Human Rights Acts (CHRA) are subject to provincial human rights laws. Overall, there are 14 jurisdictions in Canada (10 provinces, 3 territories and the federal jurisdiction which covers crown corporations, civil service, banking, and communication). Approximately 90% of the enforcement of the equity laws are done by the provinces and 10% by the federal government. While provincial laws are very similar to the federal one, there are some variations across provinces. A good example of one of these variations is the inclusion of ‘sexual orientation’ as a protected category. Quebec was the first province to include it in 1977, while the last province was Alberta in 2009.

The Ontario Human Rights Code (2013) provides protection from discrimination. The Code states that every person has a right to freedom from discrimination in five social areas:

 

Social Areas
Services, Goods and Facilities
Housing
Contracts
Employment
Membership in Vocational Associations and Trade Unions

The Code also specifies the prohibited grounds of discrimination:

 

Prohibited Grounds of Discrimination:
Age
Ancestry
Citizenship
Colour
Creed
Disability:
– disability as a medical condition that a person has.
– barriers that prevent every member of society from participating fully
Ethnic origin
Family status
Gender expression
Gender identity
Marital status
Place of origin
Race
Receipt of public assistance
Record of offences
Sex
Sexual orientation

It is important to stress the fact that these protections are not universal and that they reflect the society that they are intended to influence. In the US for example, many protections that are considered basic in Canada have been challenged in court. For example, the Supreme Court recently upheld a decision that protects LGBTQ workers from discrimination by a 6-3 margin.

Enforcement of Provincial human rights laws

Employees of those organizations that fall under the Ontario Human Rights Code who feel discriminated against can file complaints directly to the Human Rights Tribunal of Ontario (HRTO). The complaint can be handled either by mediation or a hearing.

Videos:

Video: “Mediation at the Human Rights Tribunal of Ontario” By Human Rights Tribunal of Ontario [5:22] or read the transcript.

Video: “Hearings at the Human Rights Tribunal of Ontario” By Human Rights Tribunal of Ontario [5:50] or read the transcript

First Nations Legislation 

In addition to the Employment Equity Act, there are specific pieces of legislation that apply to the First Nations communities that are important for HR professional to be aware of including:

While it is acknowledged that the term Aboriginal may not adequately reflect or represent the diversity of the Indigenous communities, for the purposes of the Employment Equity Act, Aboriginal peoples is used to reflect the terminology in the Act itself.


HRM and the Law” from Human Resources Management – 2nd Ontario Edition by Elizabeth Cameron is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

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Human Resources Management Copyright © 2023 by Debra Patterson; Elizabeth Cameron; Stéphane Brutus; and Nora Baronian is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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