Canadian Human Rights Act (6:IV) - Revision history

LSLAP at 19:03, 13 October 2025

2025-10-13T19:03:54Z

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LSLAP: /* 1. How Complaints are Handled */

2025-09-27T23:28:03Z

1. How Complaints are Handled

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	Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.		Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.

	Instead of, or subsequent to these stages, the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal (CHRT). The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', RS 1985, c F-7 (see [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter 20: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60).		Instead of, or subsequent to these stages, the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal (CHRT). The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', RS 1985, c F-7 (see [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter 5: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60).

	The CHRA can award punitive damages of up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive.		The CHRA can award punitive damages of up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive.

LSLAP at 18:35, 21 August 2024

2024-08-21T18:35:42Z

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LSLAP: /* 1. How Complaints are Handled */

2024-08-15T03:01:35Z

1. How Complaints are Handled

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	Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.		Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.

	Instead of - or subsequent to these stages - the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal (CHRT). The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', RS 1985, c F-7 (see [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter 20: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60).		Instead of, or subsequent to these stages, the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal (CHRT). The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', RS 1985, c F-7 (see [[Introduction_to_Public_Complaints_Procedures_(5:I)\|Chapter 20: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60).

	The CHRA can award punitive damages of up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive.		The CHRA can award punitive damages of up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive.

LSLAP: /* D. Filing a Complaint Under the Act */

2024-08-15T03:00:56Z

D. Filing a Complaint Under the Act

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	Any individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a complaint, the Commission may refuse to proceed without the victim’s consent. The Commission itself may lay a complaint or it may discontinue an investigation if it deems the complaint to be frivolous or if other alternative proceedings would be more appropriate.		Any individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a complaint, the Commission may refuse to proceed without the victim’s consent. The Commission itself may lay a complaint or it may discontinue an investigation if it deems the complaint to be frivolous or if other alternative proceedings would be more appropriate.

	The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office, but in practice it is generally preferable to deal with the Commission’s Vancouver office. Please consult the Commission’s website for a detailed description of the complaint process (see [[Governing Legislation and Resources for Human Rights (6:I) \| Section I.B: Resources above]]).		The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office, but in practice it is generally preferable to deal with the Commission’s Vancouver office. Please consult the Commission’s website for a detailed description of the complaint process (see [[Governing Legislation and Resources for Human Rights (6:I) \| Section II.B: Resources above]]).

	=== 1. How Complaints are Handled ===		=== 1. How Complaints are Handled ===

LSLAP: /* C. Exceptions */

2024-08-15T02:59:09Z

C. Exceptions

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	Under section 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in BC’s ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', such as those relating to ''bona fide'' occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under sections 9 & 15 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'', which now represents a significant difference from the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', where mandatory retirement is now generally prohibited.		Under section 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in BC’s ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', such as those relating to ''bona fide'' occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under sections 9 & 15 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'', which now represents a significant difference from the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', where mandatory retirement is now generally prohibited.

	Section 16 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' (similar to section 42 of the BC HRC) states that an equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself.		Section 16 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' (similar to section 42 of the BC HRC) states that an equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself.

	Previously, section 67 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' stated that the CHRA did not apply to the ''[https://laws-lois.justice.gc.ca/eng/acts/i-5/ Indian Act]'', with the result that any action taken by band councils or the federal government under the ''Indian Act'' was exempt from the CHRA. Section 67 has since been repealed, but this was a contentious move amongst some First Nations leaders.

	== D. Filing a Complaint Under the Act ==		== D. Filing a Complaint Under the Act ==

LSLAP: /* B. Activities Where Discrimination is Prohibited */

2024-08-15T02:58:44Z

B. Activities Where Discrimination is Prohibited

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	The activities where discrimination is prohibited include:		The activities where discrimination is prohibited include:

	# The provision of goods, services, facilities or accommodation customarily available to the general public (CHRA, s 5)		# The provision of goods, services, facilities or accommodation customarily available to the general public (CHRA, s. 5)
	# The provision of commercial premises or residential accommodation (CHRA, s 6)		# The provision of commercial premises or residential accommodation (CHRA, s. 6)
	# Employment, employment applications and advertising, and membership in, or benefit from, employee organizations (CHRA, ss 7-10)		# Employment, employment applications and advertising, and membership in, or benefit from, employee organizations (CHRA, ss. 7-10)
	# Unequal wage payment for male and female employees unless justified under section 27(2) (CHRA, s 11)		# Unequal wage payment for male and female employees unless justified under section 27(2) (CHRA, s. 11)
	# Publication of discriminatory notices, signs, symbols, emblems or other representations (CHRA, s 12)		# Publication of discriminatory notices, signs, symbols, emblems or other representations (CHRA, s. 12)
	# Harassing an individual on prohibited grounds of discrimination (CHRA, s 14)		# Harassing an individual on prohibited grounds of discrimination (CHRA, s. 14)
	# Situations where an individual filed a complaint under the CHRA (CHRA, s 14.1)		# Situations where an individual filed a complaint under the CHRA (CHRA, s. 14.1)

	== C. Exceptions ==		== C. Exceptions ==

LSLAP: /* A. Prohibited Grounds of Discrimination */

2024-08-15T02:58:09Z

A. Prohibited Grounds of Discrimination

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	== A. Prohibited Grounds of Discrimination ==		== A. Prohibited Grounds of Discrimination ==

	The prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability (mental or physical, including previous or present alcohol dependence), and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. These grounds apply to all activities covered by the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]''. ~~Section~~ 3(2) explicitly makes discrimination on the grounds of pregnancy illegal, and section 14(2) explicitly prohibits sexual harassment.		The prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability (mental or physical, including previous or present alcohol dependence), and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. These grounds apply to all activities covered by the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]''. Furthermore, section 3(2) explicitly makes discrimination on the grounds of pregnancy illegal, and section 14(2) explicitly prohibits sexual harassment.

	Note that the federal equal pay provisions are broader than the provincial ones since it is discriminatory practice to pay different wages to employees of different genders for work of equal value, even if the work itself is not similar. Factors considered when defining “equal value” include skills required, responsibilities, and working conditions. Pursuant to section 65(1), employers are liable for the discriminatory acts of their employees.		Note that the federal equal pay provisions are broader than the provincial ones since it is discriminatory practice to pay different wages to employees of different genders for work of equal value, even if the work itself is not similar. Factors considered when defining “equal value” include skills required, responsibilities, and working conditions. Pursuant to section 65(1), employers are liable for the discriminatory acts of their employees.

LSLAP at 02:57, 15 August 2024

2024-08-15T02:57:26Z

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	The ''Canadian Human Rights Act'' (CHRA) prohibits certain forms of discrimination in areas under federal jurisdiction. As mentioned above in [[Introduction_to_Human_Rights_(6:I)\|Section I]] of this chapter, that jurisdiction is set out in section 91 of the ''[https://laws-lois.justice.gc.ca/eng/const/page-3.html#docCont Constitution Act, 1867]''. The CHRA applies to both public and private bodies, as well as individuals. It covers federal departments and agencies like federal Crown corporations, chartered banks, the broadcast media, airlines, buses and railways that travel between provinces, First Nations, and other federally regulated industries.		The ''Canadian Human Rights Act'' (CHRA) prohibits certain forms of discrimination in areas under federal jurisdiction. As mentioned above in [[Introduction_to_Human_Rights_(6:I)\|Section I]] of this chapter, that jurisdiction is set out in section 91 of the ''[https://laws-lois.justice.gc.ca/eng/const/page-3.html#docCont Constitution Act, 1867]''. The CHRA applies to both public and private bodies, as well as individuals. It covers federal departments and agencies like federal Crown corporations; chartered banks; the broadcast media; airlines, buses, and railways that travel between provinces; First Nations; and other federally regulated industries.

	== A. Prohibited Grounds of Discrimination ==		== A. Prohibited Grounds of Discrimination ==

Clicklaw Editor at 21:34, 5 September 2023

2023-09-05T21:34:20Z

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	== B. Activities Where Discrimination is Prohibited ==		== B. Activities Where Discrimination is Prohibited ==

	The activities where discrimination is prohibited include:		The activities where discrimination is prohibited include:

	# The provision of goods, services, facilities or accommodation customarily available to the general public (CHRA, s 5)		# The provision of goods, services, facilities or accommodation customarily available to the general public (CHRA, s 5)
	# The provision of commercial premises or residential accommodation (CHRA, s 6)		# The provision of commercial premises or residential accommodation (CHRA, s 6)
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	=== 2. Reasons Why Complaints May Not Proceed ===		=== 2. Reasons Why Complaints May Not Proceed ===

	Section 41 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including:		Section 41 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including:

	:(a) The complaint is beyond the jurisdiction of the Commission;		:(a) The complaint is beyond the jurisdiction of the Commission;
	:(b) The complaint could more appropriately be dealt with under another Act;		:(b) The complaint could more appropriately be dealt with under another Act;