Canadian
Overview
This material supplements the information provided in your sexual harassment training.
Harassment and discrimination based on a protected characteristic are prohibited under both national and provincial law.
Protected Characteristics under Canadian Law
Harassment or discrimination based on any protected characteristic set forth below is prohibited throughout Canada.
- Age
- Colour
- Conviction for which a pardon has been granted or a record suspended
- Disability
- Family status
- Gender identity or expression
- Genetic characteristics
- Marital status (single, married, divorced, living common-law, widowed)
- National or ethnic origin
- Race
- Religion
- Sex (including pregnancy or childbirth)
- Sexual orientation
Source: The Canadian Human Rights Act.
Protected Characteristics under the law of Canada's Provinces
Alberta
- Age (18 or older)
- Ancestry
- Colour
- Disability
- Family status
- Gender
- Gender identity or expression
- Marital status
- Place of origin
- Race
- Religious beliefs
- Source of income
- Sexual orientation
Source: The Alberta Human Rights Act and the Alberta Human Rights Commission.
British Columbia
- Age (19 or older)
- Ancestry
- Race
- Colour
- Criminal or summary conviction (unrelated to employment)
- Disability
- Family status (includes having children or not having children)
- Gender identity or expression
- Marital status (includes protection for those married, single, widowed, divorced, separated, or living common law)
- Place of origin
- Political belief (as long as it does not cause harm to others)
- Religion
- Sex (including pregnancy and breastfeeding
- Sexual orientation
Manitoba
- Age
- Ancestry (including colour and perceived race)
- Disability
- Ethnic background or origin
- Gender identity
- Marital or family status
- Nationality or national origin
- Political belief, association, or activity
- Religion or creed (religious belief association or activity)
- Sex (including pregnancy)
- Sexual orientation
- Social disadvantage or source of income
Source: Manitoba’s Human Rights Code and Human Rights Commission.
New Brunswick
- Age
- Ancestry
- Creed or religion
- Disability
- Colour
- Family status
- Gender identity or expression
- Marital status
- National origin
- Place of origin
- Political belief or activity
- Race
- Sex (including pregnancy)
- Sexual orientation
- Social condition
Source: The New Brunswick Human Rights Act and Human Rights Commission.
Newfoundland
and Labrador
- Age
- Colour
- Criminal conviction (unrelated to employment)
- Disability (including perceived disability)
- Disfigurement
- Ethnic origin
- Family status
- Gender expression or identity
- Marital Status
- Nationality
- Political opinion
- Race
- Religion or religious creed
- Sex (including pregnancy and equal pay)
- Sexual orientation
- Social origin
- Source of income
- Status of having wages attached or garnished
Northwest Territories
- Age
- Ancestry
- Colour
- Ethnic origin
- Disability
- Family affiliation or status
- Gender identity or expression
- Marital status
- Nationality
- Pardoned criminal conviction or record suspension
- Place of origin
- Political belief or association
- Race
- Religion or creed
- Sex (including pregnancy and equal pay)
- Sexual orientation
- Social condition
- Association with someone having any of the characteristics listed above
Source: The Northwest Territories Human Rights Act and Human Rights Commission.
Nova Scotia
- Age
- Colour
- Creed
- Disability
- Ethnic, national, or aboriginal origin
- Family status
- Gender identity or expression
- Irrational fear of contracting an illness or disease
- Marital status
- Physical or mental
- Political belief, affiliation, or activity
- Race
- Religion
- Sex
- Sexual orientation
- Source of income
Source: The Nova Scotia Human Rights Act and Human Rights Commission.
Nunavut
- Age
- Ancestry
- Citizenship
- Colour
- Conviction (for which a pardon has been granted)
- Creed
- Disability
- Ethnic origin
- Family status
- Gender identity or expression
- Lawful source of income
- Marital status
- Place of origin
- Pregnancy (including adoption)
- Race
- Religion
- Sex
- Sexual orientation
- Actual or perceived association with someone having any of the characteristics listed above
Source: The Nunavut Human Rights Act and Human Rights Tribunal; see also Guide for All Government of Nunavut Employees and Supervisors.
Ontario
- Age
- Ancestry
- Colour
- Citizenship
- Creed
- Disability
- Ethnic Origin
- Family Status
- Gender identity or expression
- Marital status (including single status)
- Place of origin
- Race
- Record of offences
- Sex (including pregnancy and breastfeeding)
- Sexual orientation
Source: The Ontario Human Rights Code and Human Rights Commission.
Prince Edward Island
- Age
- Colour
- Ethnic or national origin
- Creed or religion
- Criminal conviction
- Disability
- Family status
- Gender identity or expression
- Marital status
- Political belief
- Race
- Sex or gender (including pregnancy)
- Sexual orientation
- Source of income
Source: The Prince Edward Island Human Rights Act and Human Rights Commission.
Québec
- Age
- Civil status
- Colour
- Conviction record (unrelated to the employment or pardoned/record suspension)
- Ethnic or national origin
- Disability
- Language
- Political convictions
- Pregnancy
- Race
- Religion
- Sex (including sexual harassment)
- Gender identity or expression
- Sexual orientation
- Social condition
Source: The Québec Charter of Human Rights and Freedoms and Human and Youth Rights Commission.
Note that all employers and organizations in Québec must have policies and protocols in place to prevent sexual harassment and psychological harassment in the workplace. Psychological harassment means any “vexatious behaviour” in the form of repeated and hostile or unwanted conduct that affects an employee’s dignity resulting in a harmful work environment for the employee.” See Committee on Standards, Equity, Health and Safety at Work.
Saskatchewan
- Age (18 or older)
- Ancestry
- Colour
- Creed
- Disability (mental and physical)
- Family status
- Gender identity
- Marital status
- Place of origin
- Race (including perceived race)
- Religion
- Receipt of public assistance
- Nationality
- Sex (including pregnancy or related illness)
- Sexual orientation
Source: The Saskatchewan Human Rights Code and Human Rights Commission.
Yukon
- Age
- Ancestry (including colour and race)
- Criminal charges or record
- Disability
- Ethnic or linguistic background/origin
- Family status
- Gender identity or expression
- Marital status
- National origin
- Political belief, association, or activity
- Religion or creed
- Sex (including pregnancy)
- Sexual orientation
- Source of income
- Actual or perceived association with someone having any of the characteristics listed above
Source: The Yukon Human Rights Act and Human Rights Commission.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.