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This document provides comparative information on the grounds of discrimination covered by federal, provincial and territorial human rights legislation in Canada. In some instances, prohibited grounds for employment differ from those for the provision of services.

Prohibited Ground

Jurisdiction

Comments

Race or colour

Employment

all jurisdictions

In addition, Saskatchewan prohibits discrimination on the basis of "perceived race"

Provision of Service

all jurisdictions

In addition, Saskatchewan prohibits discrimination on the basis of "perceived race"

Nunavut: prohibited grounds also apply in relation to provision of commercial premises or residential accommodation and in matters related to memberships in employee organizations, trade unions/associations, occupational/professional organizations and co-operatives

Religion

  

Employment

all jurisdictions

Manitoba Code and Yukon's Act read "religion or creed, or religious belief, religious association or religious activity"

In addition, Saskatchewan prohibits discrimination on the basis of "religious creed"

Ontario uses the term "creed"

Nunavut’s Act says "creed [and] religion"

Provision of Service

all jurisdictions

Manitoba Code and Yukon's Act read "religion or creed, or religious belief, religious association or religious activity"

In addition, Saskatchewan prohibits discrimination on the basis of "religious creed"

Ontario uses the term "creed"

Nunavut’s Act says "creed [and] religion"

Physical or mental disability

Employment

all jurisdictions

Quebec uses the phrase "handicap or use of any means to palliate a handicap"

Ontario has prohibition on the basis of "both current and previous disabilities as well as the perception that one may have or have had a disability"

Nunavut uses the word "disability"

Provision of Service

all jurisdictions

Quebec uses the phrase "handicap

or use of any means to palliate a handicap"

Ontario has prohibition on the basis of "both current and previous disabilities as well as the perception that one may have or have had a disability"

Nunavut uses the word "disability"

Dependence on alcohol or drugs

Employment

all

Policy to accept complaints in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Northwest Territories and Prince Edward Island

Included in "handicap" ground in Quebec

Previous dependence only in New Brunswick and Nova Scotia

Included in "disability" ground in the Yukon, Alberta and Nunavut

Provision of Service

all

Policy to accept complaints in the Northwest Territories and Manitoba

Previous dependence only in New Brunswick and Nova Scotia

Included in "handicap" ground in Quebec

Included in "disability" ground in the Yukon, Alberta and Nunavut

Age

  

Employment

all jurisdictions

British Columbia: 19-65

Alberta: 18+

Saskatchewan: 18-64

Ontario: 18-65

Newfoundland: 19-65

Quebec: except as provided for by law

Nunavut: applies with no age restrictions in the Act

*Please note that as of December 12, 2006, the upper limit in the definition of "Age" will be removed

Provision of Service

all except Alberta, British Columbia and

Newfoundland

Saskatchewan: 18-64

In Ontario, applies to those 18

years and older, although 16- and 17-year-olds who have left the care of parents or guardians are

protected regarding accommodation

In Quebec, except as provided for by law

Sex (includes pregnancy and childbirth)

Employment

all jurisdictions

Alberta uses the term "gender"

Manitoba includes gender-determined characteristics

British Columbia and Ontario include breastfeeding

Ontario recognizes the protection of transgendered persons and accept complaints related to "gender identity"; Ontario accepts complaints related to female genital mutilation

In Quebec, pregnancy as such is considered a ground of discrimination

In the Northwest Territories, gender identity as such is considered a ground of discrimination

Nunavut Act says: "sex, sexual orientation, marital status, family status, pregnancy"

Provision of Service

all jurisdictions

Alberta uses the term "gender"

Manitoba includes gender-determined characteristics

Ontario includes breastfeeding; Ontario recognizes the protection of transgendered persons and accepts complaints related to "gender identity"; Ontario accepts complaints related to female genital mutilation

In Quebec, pregnancy as such is considered a ground of discrimination

In the Northwest Territories, gender identity as such is considered a ground of discrimination

Nunavut Act says: "sex, sexual orientation, marital status, family status, pregnancy"

Marital status

Employment

all jurisdictions

Quebec uses the term "civil status"

Provision of Service

all jurisdictions

Quebec uses the term "civil status"

Family status

  

Employment

all except

New Brunswick and

Newfoundland

Saskatchewan defines as being in a parent-child relationship

Quebec uses the term "civil status"

The Northwest Territories have prohibition on the grounds of "family status" as well as "family affiliation"

Provision of Service

all except New Brunswick and Newfoundland

Saskatchewan defines as being in a parent-child relationship

Quebec uses the term "civil status"

The Northwest Territories have prohibition on the grounds of "family status" as well as "family affiliation"

Sexual orientation

Employment

all jurisdictions

The Supreme Court of Canada read sexual orientation into the Alberta Human Rights, Citizenship and Multiculturalism Act in 1998

Provision of Service

all jurisdictions

The Supreme Court of Canada read sexual orientation into the Alberta Human Rights, Citizenship and Multiculturalism Act in 1998

National or ethnic origin (including linguistic background)

Employment

all except British Columbia

Saskatchewan and Northwest Territories use the term "nationality"

Manitoba Code uses "nationality " or "national origin"

Manitoba Code uses "ethnic background or origin"

Ontario's Code includes both "ethnic origin" and "citizenship"

Alberta uses the term "place of origin"

Provision of Service

all except British Columbia

Saskatchewan and Northwest Territories use the term "nationality"

Manitoba Code uses "nationality " or "national origin"

Manitoba Code uses "ethnic background or origin"

Ontario's Code includes both "ethnic origin" and "citizenship"

Alberta uses the term "place of origin"

Ancestry or place of origin 

Employment

Yukon, British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories, Ontario, Nunavut and New Brunswick

 

Provision of Service

Yukon, British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories, Ontario, Nunavut and New Brunswick

 

Language

  

Employment

Ontario, Quebec,

New Brunswick,

Northwest Territories and

Yukon

Ontario accepts complaints on the grounds of ancestry, ethnic origin, place of origin and race

New Brunswick and the Northwest Territories will accept language related complaints filed on the basis of ancestry, although not an enumerated ground

Included under "linguistic background" ground in Yukon

Nunavut: no specific mention in the Act

Provision of Service

Ontario, Quebec,

New Brunswick,

Northwest Territories and

Yukon

Ontario accepts complaints on the grounds of ancestry, ethnic origin, place of origin and race

New Brunswick and the Northwest Territories will accept language related complaints filed on the basis of ancestry, although not an enumerated ground

Included under "linguistic background" ground in Yukon

Nunavut: no specific mention in the Act

Social condition or origin

Employment

Quebec,

Northwest Territories,

New Brunswick and Newfoundland

 

Provision of Service

Quebec,

Northwest Territories,

New Brunswick and Newfoundland

 

Source of income

Employment

Alberta, Saskatchewan, Manitoba, Quebec,

Yukon, Prince Edward Island, Nova Scotia and New Brunswick

Defined as "receipt of public assistance" in Saskatchewan

Included under "social condition" in Quebec and New Brunswick

Nunavut says: "lawful source of income "

Provision of Service

British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, Yukon, Prince Edward Island, Nova Scotia and New Brunswick

Applies to tenancy only (not public services or facilities) in British Columbia

Defined as "receipt of social assistance" in Saskatchewan

Ontario bans discrimination in accommodation on the grounds of receipt of public assistance

Included under "social condition" in Quebec and New Brunswick

Applies to occupancy or accommodation only in Nova Scotia

Assignment, attachment or seizure of pay

Employment

Newfoundland and Quebec

Included under "social condition" in Quebec

Provision of Service

Newfoundland and Quebec

Included under "social condition" in Quebec

Based on association

Employment

Yukon, Manitoba, Ontario, New Brunswick, Nova Scotia, Northwest Territories, Nunavut and Prince Edward Island

Northwest Territories has prohibition on basis of "political association"

Provision of Service

Yukon, Manitoba, Ontario,

New Brunswick, Nova Scotia, Northwest Territories, Nunavut and Prince Edward Island

Northwest Territories has prohibition on basis of "political association"

Political belief

Employment

Yukon, Newfoundland, British Columbia, Manitoba, Quebec, Nova Scotia, Prince Edward Island, New Brunswick and Northwest Territories

Newfoundland has prohibition on basis of "political opinion"

Manitoba Code includes political activity and political association

Provision of Service

Yukon, Manitoba, Quebec, Nova Scotia,

Prince Edward Island,

New Brunswick, Newfoundland and Northwest Territories

Manitoba Code and Yukon’s Act include political activity and political association

Newfoundland has prohibition on basis of "political opinion"

Record of criminal conviction

Employment

Yukon, Manitoba, British Columbia, Quebec, Ontario and Prince Edward Island

Manitoba Code and Yukon's Act read "criminal charges or criminal record"

Ontario has prohibition on basis of "record of offences"

Provision of Service

Yukon, Manitoba and Quebec

Manitoba Code and Yukon's Act read "criminal charges or criminal record"

Pardoned conviction

Employment

Federal Government, Yukon, Ontario, Nunavut and Northwest Territories

Ontario has prohibition on basis of "record of offences"

Provision of Service

Federal Government, Yukon, Nunavut and Northwest Territories

 

This document has been produced by the Canadian Human Rights Commission, in cooperation with provincial and territorial human rights commissions, as a service to the public. This chart has been designed for quick reference only. For interpretation or further details, contact the appropriate human rights commission.

For further information, please contact:

Commission regional offices in Halifax, Montréal, Toronto, Winnipeg, Edmonton and Vancouver, toll free 1-800-999-6899;

or

National office at 344 Slater Street, 8th floor, Ottawa, Ontario K1A 1E1.
Telephone: (613) 995-1151, or toll free 1-888-214-1090.
TTY: 1-888-643-3304.
E-mail: info.com@chrc-ccdp.ca

Provincial and Territorial Human Rights Agencies Websites

This document is available on our website and in multiple formats on request.

September 2006