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.

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.

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.