Anti-Discrimination Policy (Canada)
Canadian Workplace Anti-Discrimination and Harassment Policy
ANTI-DISCRIMINATION AND HARASSMENT POLICY
Organization: [Company Name]
Effective Date: [Effective Date]
Province: [Province]
Complaints Contact: [HR Contact]
Senior Leader: [Senior Leader]
1. COMMITMENT STATEMENT
[Company Name] is committed to providing a workplace that is free from discrimination, harassment, and retaliation in all their forms. This commitment reflects our values and our legal obligations under the Canadian Human Rights Act (R.S.C., 1985, c. H-6), applicable [Province] human rights legislation, and all other applicable laws. As a [Regulatory Status], [Company Name] recognizes that every person has the right to work in a safe and respectful environment, to be treated with dignity, and to be evaluated on the basis of merit and job performance rather than personal characteristics. Violations of this Policy will be taken seriously and addressed promptly and appropriately.
This Policy applies to all employees, officers, directors, contractors, consultants, volunteers, and other persons engaged by [Company Name] (collectively, "Personnel"), and to all aspects of employment including recruitment, hiring, training, promotion, compensation, discipline, and termination. This Policy applies in the workplace, at workplace events, and in work-related interactions that occur outside the workplace.
2. PROTECTED GROUNDS
[Company Name] prohibits discrimination and harassment based on any ground protected under the Canadian Human Rights Act or applicable [Province] human rights legislation, including: • Race, colour, and national or ethnic origin • Religion or creed • Age • Sex (including pregnancy, childbirth, and related conditions) • Sexual orientation • Gender identity or expression • Marital status and family status • Disability (physical, mental, or perceived) • Genetic characteristics • Conviction for an offence for which a pardon has been granted or a record suspension ordered • Any other ground protected under applicable [Province] human rights legislation Protection extends to all aspects of the employment relationship and to any person in the workplace, not only employees.
3. PROHIBITED CONDUCT
Discrimination means treating a person adversely in any aspect of employment because of a protected characteristic, or applying a rule, standard, or practice that appears neutral but has a disproportionate adverse effect on persons with a protected characteristic (adverse effect discrimination). Discrimination can be direct (intentional) or systemic. Harassment means any vexatious comment or conduct based on a protected ground that is known or ought reasonably to be known to be unwelcome. Harassment may include: offensive remarks, jokes, questions, or comments; unwelcome physical contact; displaying or circulating offensive materials; bullying, humiliation, or intimidation directed at a person because of a protected characteristic; and threats or implied consequences for refusing unwanted conduct. Sexual harassment is a form of harassment involving unwanted conduct of a sexual nature, including: unwelcome sexual advances or propositions; demands for sexual favours with implied or explicit consequences; persistent romantic contact after being told to stop; sexually explicit or suggestive comments, jokes, images, or materials; and any conduct of a sexual nature that creates a hostile or offensive work environment. Poisoned work environment means pervasive conduct based on a protected characteristic that, even if not directed at a specific individual, creates a hostile, oppressive, or offensive atmosphere that unreasonably interferes with a person's ability to work. Retaliation means adverse treatment of a person because they have raised a discrimination or harassment complaint, participated in an investigation, or asserted their rights under human rights legislation. Retaliation is strictly prohibited and will itself be treated as a violation of this Policy.
4. DUTY TO ACCOMMODATE
[Company Name] recognizes its legal duty to accommodate employees with protected characteristics to the point of undue hardship. The duty to accommodate arises most commonly in respect of: disability (physical or mental health); religion or creed (including observance days and dress requirements); pregnancy, childbirth, and breastfeeding; family status; and gender identity.
An employee who requires accommodation should contact [HR Contact] and provide sufficient information about the accommodation need. [Company Name] will respond promptly, engage in a cooperative accommodation process, and implement reasonable accommodations that do not constitute undue hardship. The employee has a corresponding duty to participate in the accommodation process and to accept reasonable accommodation offers.
5. RESPONSIBILITIES
All Personnel are responsible for: treating colleagues, clients, and others in the workplace with dignity and respect; refraining from conduct that constitutes discrimination, harassment, or retaliation; reporting discrimination or harassment they experience or witness; and cooperating in investigations of complaints.
Managers and supervisors have additional responsibilities: modelling inclusive and respectful conduct; addressing discriminatory or harassing behaviour proactively when observed; taking all complaints seriously; not discouraging employees from raising concerns; and cooperating fully in investigations. Managers who condone, participate in, or fail to address discrimination or harassment may be personally subject to disciplinary action.
[Company Name] as an organization is responsible for: implementing and enforcing this Policy; providing training on discrimination and harassment prevention; conducting timely and impartial investigations of complaints; taking proportionate remedial action; and protecting complainants, respondents, and witnesses from retaliation.
6. COMPLAINT PROCEDURE
Step 1 — Raise the concern: An employee who experiences or witnesses discrimination, harassment, or retaliation should report it as soon as possible to [HR Contact]. A complaint may be made verbally or in writing. The complaint should describe the incident(s), identify the respondent, and indicate the impact on the complainant. Step 2 — Acknowledgment: [HR Contact] will acknowledge receipt of the complaint within two (2) business days and provide the complainant with information about the investigation process. Step 3 — Assessment: [Company Name] will assess the complaint to determine whether it falls within the scope of this Policy and the applicable human rights legislation, and whether interim protective measures (such as separation of the parties) are appropriate pending investigation. Step 4 — Investigation: A prompt, thorough, and impartial investigation will be conducted by an appropriate person (internal HR or an external investigator). The investigation will include interviews with the complainant, the respondent, and relevant witnesses, and review of documentary evidence. Both the complainant and respondent will be given a reasonable opportunity to present their account and respond to the case against them. Step 5 — Findings and outcome: The investigator will make findings of fact and determine whether the Policy was violated. [Company Name] will communicate the outcome to both parties, subject to confidentiality requirements. Step 6 — Remediation: If a violation is found, [Company Name] will implement appropriate remedial measures proportionate to the severity of the conduct, which may include: disciplinary action (up to and including termination for cause); mandatory training; workplace modifications; or systemic remediation.
7. CONFIDENTIALITY AND RECORDS
[Company Name] will maintain the confidentiality of complaints and investigations to the extent practicable, consistent with the need to conduct a fair investigation and take remedial action. All parties involved in a complaint are expected to treat information about the investigation with discretion. Personnel who breach confidentiality obligations in connection with a complaint may be subject to disciplinary action.
Records of complaints and investigations will be maintained in confidence in accordance with PIPEDA (S.C. 2000, c. 5) and applicable provincial privacy legislation, and will be accessible only to those with a legitimate need to know.
8. EXTERNAL COMPLAINT RIGHTS
Nothing in this Policy limits an employee's right to file a human rights complaint with an external body. Employees may file a complaint with: the Canadian Human Rights Commission (for federally regulated employers) at chrc-ccdp.gc.ca; or the applicable [Province] human rights tribunal or commission. An employee may pursue an external complaint in addition to or instead of using [Company Name]'s internal complaint process.
9. POLICY REVIEW AND TRAINING
This Policy will be reviewed at least every three years or as required by changes in applicable human rights legislation. [Company Name] will provide training on this Policy and on discrimination and harassment prevention to all Personnel upon hire and periodically thereafter. Questions about this Policy should be directed to [HR Contact].
Senior Leader / CEO Signature
________________
Signature
Date: ________________
Employee Acknowledgment
________________
Signature
Date: ________________
What Is a Anti-Discrimination Policy (Canada)?
An Anti-Discrimination Policy in Canada sets the organisation’s rules prohibiting discrimination and the process for addressing complaints, governed primarily by provincial human-rights legislation.
In Canada, workplace anti-discrimination protections derive from a combination of human rights legislation, employment standards acts, and occupational health and safety legislation. The Canadian Human Rights Act (R.S.C., 1985, c. H-6) applies to federally regulated workplaces. Provincial human rights codes apply to provincially regulated employers — covering the majority of Canadian businesses. Both frameworks impose positive obligations on employers to prevent discrimination and harassment, investigate complaints, provide remediation, and accommodate employees with protected characteristics to the point of undue hardship.
A thorough anti-discrimination policy serves multiple purposes: it fulfils the legal obligation under occupational health and safety legislation (including Ontario's OHSA and federal Bill C-65) to have a written workplace harassment policy and complaint procedure; it demonstrates the employer's commitment to human rights compliance to employees, regulators, and courts; it establishes the standards that support disciplinary action against perpetrators of harassment; and it provides the documentation needed to defend the employer's conduct if a complaint is filed with the Canadian Human Rights Commission or a provincial human rights tribunal.
Canadian courts and human rights tribunals consistently find that employers who have clear, written policies, conduct fair investigations, and take proportionate remedial action are better positioned both to prevent discrimination and to defend against complaints than employers who address these issues informally.
The legal framework governing the Anti-Discrimination Policy (Canada) in Canada draws on several key statutes and regulatory bodies. Under the Canada Business Corporations Act (R.S.C. 1985, c. C-44), Corporations Canada maintains the federal registry. Section 12 of the CBCA governs corporate name requirements. The Competition Bureau enforces the Competition Act (R.S.C. 1985, c. C-34). Provincial securities commissions — including the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC) — regulate capital markets. The Federal Court of Canada has jurisdiction under the Federal Courts Act. Parties executing a Anti-Discrimination Policy (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Canada Business Corporations Act (R.S.C. 1985, c. C-44) sets the foundational requirements.
When Do You Need a Anti-Discrimination Policy (Canada)?
An anti-discrimination policy is needed in the following circumstances:
All Canadian employers — Every employer subject to the Canadian Human Rights Act or a provincial human rights code — which includes virtually all Canadian employers — has a legal obligation to provide a workplace free from discrimination and harassment. A written policy is the standard mechanism for fulfilling and evidencing this obligation.
Ontario employers — Ontario's Occupational Health and Safety Act (R.S.O. 1990, c. O.1) requires all Ontario employers to have a written workplace harassment policy and a written workplace harassment program, including a process for investigating complaints. Ontario employers with 6 or more employees must post the policy in the workplace.
Federally regulated employers — Under the Canada Labour Code Work Place Harassment and Violence Prevention Regulations (SOR/2020-130), federally regulated employers must have a workplace harassment and violence prevention policy and a formal investigation process.
Onboarding new employees — An anti-discrimination policy should be provided to every new employee during onboarding, with written acknowledgment obtained. Courts and tribunals look for evidence that employees were informed of the policy.
Workplace harassment complaint — When a harassment or discrimination complaint is received, a clear written policy is essential to conducting a defensible investigation process.
Post-incident remediation — Following a workplace discrimination or harassment finding by a human rights tribunal, implementing an updated policy is typically required as a remediation measure.
Merger or acquisition — When companies merge or are acquired, harmonizing workplace policies including the anti-discrimination policy confirms consistent standards across the combined organization.
Expansion into new provinces — When a business expands operations into a new province, the anti-discrimination policy should be reviewed and updated to reflect the protected grounds and procedural requirements of the applicable provincial human rights code.
Under the Canada Business Corporations Act (R.S.C. 1985, c. C-44), Corporations Canada maintains the federal registry. Section 12 of the CBCA governs corporate name requirements. The Competition Bureau enforces the Competition Act (R.S.C. 1985, c. C-34). Provincial securities commissions — including the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC) — regulate capital markets. The Federal Court of Canada has jurisdiction under the Federal Courts Act.
What to Include in Your Anti-Discrimination Policy (Canada)
Statement of Commitment — An unequivocal statement from senior leadership that the organization is committed to providing a workplace free from discrimination, harassment, and retaliation, and that violations of this policy will be taken seriously.
Protected Grounds — A thorough list of protected characteristics under the Canadian Human Rights Act and applicable provincial human rights code, including race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, and any province-specific grounds.
Prohibited Conduct Definitions — Clear definitions of discrimination (direct and adverse effect), harassment (including sexual harassment and poisoned work environment), and retaliation — with practical examples that help employees recognize prohibited conduct.
Duty to Accommodate — Description of the employer's duty to accommodate employees with protected characteristics to the point of undue hardship, and the process for requesting accommodation.
Complaint Procedure — A step-by-step process for raising a discrimination or harassment complaint: who to contact; what information to include; timelines for acknowledgment and investigation; options for informal resolution; and the formal investigation process.
Investigation Process — How complaints will be investigated: appointment of an impartial investigator; procedural fairness protections for both complainant and respondent; confidentiality obligations; witness interviews; findings of fact; and outcome communication.
Remedial Measures — The range of remedial measures available for substantiated complaints: disciplinary action including termination for cause; mandatory training; workplace modifications; apology; and systemic remediation.
Retaliation Prohibition — An explicit prohibition on retaliation against employees who raise complaints, participate in investigations, or exercise rights under human rights legislation.
Responsibilities — Respective obligations of the employer, managers, and all employees in maintaining a discrimination-free workplace and responding to complaints.
External Complaint Rights — Information about employees' right to file a complaint with the Canadian Human Rights Commission (federally regulated) or the applicable provincial human rights tribunal.
Additional compliance elements for a Anti-Discrimination Policy (Canada) used in Canada include: Under the Canada Business Corporations Act (R.S.C. 1985, c. C-44), Corporations Canada maintains the federal registry. Section 12 of the CBCA governs corporate name requirements. The Competition Bureau enforces the Competition Act (R.S.C. 1985, c. C-34). Provincial securities commissions — including the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC) — regulate capital markets. The Federal Court of Canada has jurisdiction under the Federal Courts Act. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- R.S.C., 1985, c. H-6CA official
- R.S.C. 1985, c. C-44CA official
- R.S.C. 1985, c. C-34CA official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Anti-Discrimination Policy (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/business/policies/anti-discrimination-policy-canada
"Anti-Discrimination Policy (Canada) (Canada)." Forms Legal, 2026, https://forms-legal.com/canada/business/policies/anti-discrimination-policy-canada.
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year = {2026},
howpublished = {\url{https://forms-legal.com/canada/business/policies/anti-discrimination-policy-canada}},
note = {Free legal document template. Based on Canada Business Corporations Act (R.S.C. 1985, c. C-44)}
}Also available for these jurisdictions:
Frequently Asked Questions
Employees in Canada are protected from workplace discrimination by a layered framework of human rights legislation. Federally regulated employees — those working in banks, airlines, telecommunications companies, and other industries subject to the Canada Labour Code (R.S.C., 1985, c. L-2) — are protected by the Canadian Human Rights Act (R.S.C., 1985, c. H-6), which prohibits discrimination based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted. Provincially regulated employees are protected by their provincial human rights code: the Ontario Human Rights Code (R.S.O. 1990, c. H.19); the BC Human Rights Code (R.S.B.C. 1996, c. 210); the Alberta Human Rights Act (R.S.A. 2000, c. A-25.5); the Quebec Charter of Human Rights and Freedoms (CQLR, c. C-12); and equivalent legislation in all other provinces and territories. While the specific protected grounds vary slightly by jurisdiction, all Canadian jurisdictions prohibit discrimination in employment based on race, sex, disability, religion, age, and sexual orientation. Employers have a positive duty to accommodate employees with protected characteristics to the point of undue hardship.
The duty to accommodate is a positive legal obligation on Canadian employers to take reasonable steps to eliminate or minimize barriers that prevent employees with protected characteristics from participating fully in the workplace. The duty most commonly arises in the context of: disability accommodation (modifying duties, schedule, or workspace to enable an employee with a disability to work); religious accommodation (modifying schedules or dress requirements to accommodate religious observance); pregnancy and family status accommodation (adjusting duties or schedules for pregnant employees or those with childcare obligations); and gender identity accommodation (use of preferred pronouns, appropriate washroom access). The duty to accommodate extends to the point of 'undue hardship' — meaning the employer must implement an accommodation unless it would impose an undue burden on the organization. In assessing undue hardship, relevant factors include the financial cost of accommodation, the impact on collective agreements, employee morale and the rights of other employees, and health and safety requirements. Under the Supreme Court of Canada's decision in Central Okanagan School District No. 23 v. Renaud, [1992] 2 SCR 970, both the employer and the affected employee share a duty to cooperate in the accommodation process. An anti-discrimination policy should include a clear accommodation request process.
In Canadian law, workplace discrimination and harassment are related but legally distinct concepts. Discrimination involves treating an employee adversely because of a protected characteristic — for example, refusing to promote an employee because of their religion or terminating an employee because of disability. Harassment is a form of discrimination consisting of unwanted conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment, or that results in adverse employment consequences. Harassment includes: persistent offensive comments, jokes, or conduct based on race, gender, religion, or other protected grounds; sexual harassment (unwanted sexual advances, demands, or conduct); and poisoned work environment (pervasive conduct that creates a hostile atmosphere). Many provincial employment standards acts also address workplace harassment and violence separately from human rights legislation. For example, Ontario's Occupational Health and Safety Act (R.S.O. 1990, c. O.1) requires employers to have a written workplace harassment policy and complaint procedure. The Canada Labour Code amendments (Bill C-65) extended workplace harassment and violence prevention requirements to federally regulated workplaces. An anti-discrimination and harassment policy should clearly define both concepts and provide separate investigation procedures.
When a Canadian employer receives a discrimination or harassment complaint, it must follow a legally defensible investigation process. Key steps include: (1) Acknowledge receipt of the complaint promptly, typically within 1-2 business days; (2) Assess whether the complaint falls within the scope of the anti-discrimination policy and applicable human rights legislation; (3) Determine whether the parties need to be separated during the investigation to prevent ongoing harm or retaliation; (4) Appoint an impartial investigator — internal HR or a neutral third party; (5) Provide the respondent with a fair opportunity to respond to the allegations (procedural fairness requires both parties to know the substance of the case against them); (6) Interview witnesses and gather documentary evidence; (7) Make findings of fact and assess credibility; (8) Determine whether the Code was violated; (9) Implement appropriate remedial measures; and (10) Communicate outcomes to the parties. Throughout, maintain strict confidentiality and prohibit retaliation. In Canada, the Supreme Court of Canada's decision in Honda Canada Inc. v. Keays, 2008 SCC 39, established that employers can face significant liability for conducting a bad-faith investigation process. Under the Canadian Human Rights Act, complaints can be filed with the Canadian Human Rights Commission; provincial human rights complaints are filed with the applicable provincial tribunal.
A Anti-Discrimination Policy (Canada) does not legally require a lawyer in Canada, and individuals and businesses may draft and execute the document independently. The Canada Business Corporations Act (R.S.C. 1985, c. C-44) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Canada lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Canada has jurisdiction over disputes arising from this type of document, and Corporations Canada may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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