- (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.
- R.S., 1985, c. H-6, s. 9
- 1998, c. 9, s. 12
- 2011, c. 24, s. 165
Marginal note: 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)
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
- Marginal note: Idem (5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.
- Marginal note: No reduction of wages (6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section.
- Definition of (7) For the purposes of this section, 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
Marginal note: 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
13 [Repealed, 2013, c. 37, s. 2]
Marginal note: 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.
- 1980-81-82-83, c. 143, s. 7
Marginal note: Retaliation
14.1 It 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
Marginal note: 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 a bona fide occupational 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) [Repealed, 2011, c. 24, s. 166]
- (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 the Pension Benefits Standards Act, 1985 ;
- (d.1) the terms of any pooled registered pension plan provide for variable payments or the transfer of funds only at a fixed age under sections 48 or 55, respectively, of the Pooled Registered Pension Plans Act ;
- (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 is bona fide justification for that denial or differentiation.
- R.S., 1985, c. H-6, s. 15
- R.S., 1985, c. 32 (2nd Supp.), s. 41
- 1998, c. 9, ss. 10, 15
- 2011, c. 24, s. 166
- 2012, c. 16, s. 83
