Canadian Human Rights Act 1985

Canadian Human Rights Act

The Canadian Human Rights Act was passed by the Parliament of Canada in 1977. With 67 sections, it is focused at ensuring equal opportunity to persons who may be victims of discriminatory practices. Race, colour, sex, age, gender identity are some of the prohibited grounds of discrimination under the Act.

See: Constitution Act 1982 (and other Canadian Laws)

Arrangement of sections

1. Short title

2. Purpose

PART I – Proscribed Discrimination

General

3. Prohibited grounds of discrimination

3.1 Multiple grounds of discrimination

4. Orders regarding discriminatory practices

5. Denial of good, service, facility or accommodation

6. Denial of commercial premises or residential accommodation

7. Employment

8. Employment applications, advertisements

9. Employee organizations

10. Discriminatory policy or practice

11. Equal wages

12. Publication of discriminatory notices, etc.

13. [Repealed, 2013, c. 37, s. 2]

14. Harassment

14.1 Retaliation

15. Exceptions

16. Special programs

17. Plans to meet the needs of disabled persons

18. Rescinding approval of plan

19. Opportunity to make representations

20. Certain provisions not discriminatory

21. Funds and plans

22. Regulations

23. Regulations

24. Accessibility standards

25. Definitions

PART II – Canadian Human Rights Commission

26. Commission established

Powers, Duties and Functions

27. Powers, duties and functions

28. Assignment of duties

28.1 Convention on the Rights of Persons with Disabilities

29. Regulations

30. Salaries and remuneration

31. Chief Commissioner

32. Staff

32.1 Accessibility unit

32.2 Pay Equity Unit

33. Compliance with security requirements

34. Head office

35. Majority is a decision of the Commission

36. Establishment of divisions

36.1 Pay Equity Division

37. By-laws

38. Superannuation, etc.

Accessibility Commissioner

38.1 Powers, duties and functions

38.2 Absence or incapacity of Accessibility Commissioner

Pay Equity Commissioner

38.3 Powers, duties and functions

38.4 Absence or incapacity of Pay Equity Commissioner

PART III – Discriminatory Practices and General Provisions

39. Definition of discriminatory practice

40. Complaints

40.01 Disclosure of personal information

40.1 Definitions

40.2 Non-application of sections 7, 10 and 11

41. Commission to deal with complaint

42. Notice

Investigation

43. Designation of investigator

44. Report

45. Definition of Review Agency

46. Report

Conciliator

47. Appointment of conciliator

Settlement

48. Referral of a settlement to Commission

Canadian Human Rights Tribunal

48.1. Establishment of Tribunal

48.2 Terms of office

48.3 Remedial and disciplinary measures

48.4. Status of members

48.5 Residence

48.6 Remuneration

48.7 Head office

48.8 [Repealed, 2014, c. 20, s. 415]

48.9 Conduct of proceedings

Inquiries into Complaints

49. Request for inquiry

50. Conduct of inquiry

51. Duty of Commission on appearing

52. Hearing in public subject to confidentiality order

53. Complaint dismissed

54. Limitation

54.1 Definitions

55.  [Repealed, 1998, c. 9, s. 29]

56.  [Repealed, 1998, c. 9, s. 29]

57. Enforcement of order

58. Application respecting disclosure of information

59. Intimidation or discrimination

Offences and Punishment

60. Offence

61. Annual report of Commission

61.1 Minister of Justice

Application

62. Limitation

63. Application in the territories

64. Canadian Forces and Royal Canadian Mounted Police

65. Acts of employees, etc.

PART IV – Application

66. Binding on Her Majesty

67. [Repealed, 2008, c. 30, s. 1]