PART IProscribed Discrimination (continued)
Discriminatory Practices (continued)
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13 [Repealed, 2013, c. 37, s. 2]
(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.
Marginal note:Sexual harassment
(2) Without limiting the generality of subsection (1), sexual harassment shall, for the purposes of that subsection, be deemed to be harassment on a prohibited ground of discrimination.
- 1980-81-82-83, c. 143, s. 7
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
(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(c) [Repealed, 2011, c. 24, s. 166]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.
Marginal note:Accommodation of needs
(2) For any practice mentioned in paragraph (1)(a) to be considered to be based on a bona fide occupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have a bona fide justification, it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost.
(3) The Governor in Council may make regulations prescribing standards for assessing undue hardship.
Marginal note:Publication of proposed regulations
(4) Each regulation that the Governor in Council proposes to make under subsection (3) shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations in respect of it.
(5) The Canadian Human Rights Commission shall conduct public consultations concerning any regulation proposed to be made by the Governor in Council under subsection (3) and shall file a report of the results of the consultations with the Minister within a reasonable time after the publication of the proposed regulation in the Canada Gazette.
(6) A proposed regulation need not be published more than once, whether or not it has been amended as a result of any representations.
Marginal note:Making of regulations
(7) The Governor in Council may proceed to make regulations under subsection (3) after six months have elapsed since the publication of the proposed regulations in the Canada Gazette, whether or not a report described in subsection (5) is filed.
(8) This section applies in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination.
Marginal note:Universality of service for Canadian Forces
(9) Subsection (2) is subject to the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform.
- 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
Marginal note:Special programs
16 (1) It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group.
Marginal note:Advice and assistance
(2) The Canadian Human Rights Commission, may
(a) make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and
(b) on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve.
Marginal note:Collection of information relating to prohibited grounds
(3) It is not a discriminatory practice to collect information relating to a prohibited ground of discrimination if the information is intended to be used in adopting or carrying out a special program, plan or arrangement under subsection (1).
- R.S., 1985, c. H-6, s. 16
- 1998, c. 9, s. 16
Marginal note:Plans to meet the needs of disabled persons
17 (1) A person who proposes to implement a plan for adapting any services, facilities, premises, equipment or operations to meet the needs of persons arising from a disability may apply to the Canadian Human Rights Commission for approval of the plan.
Marginal note:Approval of plan
(2) The Commission may, by written notice to a person making an application pursuant to subsection (1), approve the plan if the Commission is satisfied that the plan is appropriate for meeting the needs of persons arising from a disability.
Marginal note:Effect of approval of accommodation plan
(3) Where any services, facilities, premises, equipment or operations are adapted in accordance with a plan approved under subsection (2), matters for which the plan provides do not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the plan was approved.
Marginal note:Notice when application not granted
(4) When the Commission decides not to grant an application made pursuant to subsection (1), it shall send a written notice of its decision to the applicant setting out the reasons for its decision.
- 1980-81-82-83, c. 143, s. 9
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