Canadian Human Rights Act (CHRA)

Overview 

The Canadian Human Rights Act (CHRA) is a federal law enacted to prevent discrimination and promote equal opportunities for all individuals in Canada. It applies to matters under federal jurisdiction, such as employment by federal departments, Crown corporations, and certain federally regulated industries like banks and telecommunications. The Act aims to help individuals make a life for themselves without being hindered by discriminatory practices based on various protected grounds.

Regulation Summary

Timeline
  • July 14, 1977 – The CHRA is enacted.
  • June 1, 2009 – Amendments clarify its application, including legislative consolidation provisions.
  • June 18, 2017 – Gender identity and expression added as protected grounds.
  • August 19, 2024 – Most recent amendments updated enforcement mechanisms.
What Businesses Are Affected
  • Federal agencies and departments (e.g., Canada Post, Service Canada).
  • Federally regulated industries, including:
    • Banking institutions.
    • Telecommunications companies.
    • Interprovincial transportation services.
    • Airlines.
  • Crown corporations and federal workplaces.
Exemptions
  • Provincial and municipal governments, private-sector businesses under provincial law.
  • Organizations may claim exemptions if accommodations impose an "undue hardship" based on cost, safety, or operational concerns.
  • Special programs designed to assist disadvantaged groups are not considered discriminatory.
Responsibilities for Businesses
  • Provide equal employment opportunities without discrimination.
  • Ensure workplaces are free from harassment and retaliation.
  • Implement fair hiring and promotion policies.
  • Offer reasonable accommodations for employees with disabilities.
  • Prohibit discriminatory practices in service delivery.
Specific Responsibilities for Website Owners
  • Ensure digital services are accessible to individuals with disabilities.
  • Follow Web Content Accessibility Guidelines (WCAG) for online services.
  • Provide alternative text for images and multimedia content.
  • Maintain accessible online forms and communication methods.
Additional Requirements
  • Employers must develop and maintain employment equity programs.
  • Businesses must prevent discriminatory job advertisements.
  • Transparency in pay equity must be maintained.
Data Subject Rights
  • Right to equal access to employment and services.
  • Right to file a complaint with the Canadian Human Rights Commission.
  • Right to compensation if discrimination is proven.
Enforcement
  • Regulatory Authority: The Canadian Human Rights Commission (CHRC) and Canadian Human Rights Tribunal oversee compliance.
  • Penalties:
    • Orders to cease discriminatory practices.
    • Mandatory corrective measures.
    • Compensation up to $20,000 CAD for damages and up to $20,000 CAD for reckless or willful violations.

Tribunal rulings can be enforced through the Federal Court.

illustration of contact means

Questions?

If you would like to learn more, our compliance experts are happy to support you.

Leave us a Message
support@clym.io
+1 980 446 8535 +1 866 275 2596