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Discrimination Defined in Canadian Human Rights Legislation


Canadian Human Rights Act

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.

3.1 For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or on the effect of a combination of prohibited grounds. 1998, c. 9, s. 11.

Ontario Human Rights Code

Services:
1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status or handicap. 1981, c. 53, s. 1; 1986, c. 64, s. 18(1); 1999, c. 6, s. 28(1).

Accomodation:
2. (1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status, handicap or the receipt of public assistance. 1981, c. 53, s. 2(1); 1986, c. 64, s. 18(2); 1999, c. 6, s. 28(2).

Harassment in accommodation-s. 2(2)
(2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, same-sex partnership status, family status, handicap or the receipt of public assistance. 1981, c. 53, s. 2(2); 1999, c. 6, s. 28(3).
Contracts:
3. Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status or handicap. 1981, c. 53, s. 3; 1986, c. 64, s. 18(3); 1999, c. 6, s. 28(4).

Employment:
5. (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status or handicap. 1981, c. 53, s. 4(1); 1986, c. 64, s. 18(5); 1999, c. 6, s. 28(5).

Harassment in employment-s. 5(2)
(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same-sex partnership status, family status or handicap. 1981, c. 53, s. 4(2); 1999, c. 6, s. 28(6).

British Columbia Human Rights Code

Discriminatory publication
7 (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any
statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or
(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication or to a communication intended to be private.
Discrimination in accommodation, service and facility
8 (1) A person must not, without a bona fide and reasonable justification,
(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or
(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex or sexual orientation of that person or class of persons.
(2) A person does not contravene this section by discriminating
(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or
(b) on the basis of physical or mental disability, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.

Discrimination in purchase of property
9 A person must not
(a) deny to a person or class of persons the opportunity to purchase a commercial unit or dwelling unit that is in any way represented as being available for sale,
(b) deny to a person or class of persons the opportunity to acquire land or an interest in land, or
(c) discriminate against a person or class of persons regarding a term or condition of the purchase or other acquisition of a commercial unit, dwelling unit, land or interest in land because of the race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, sexual orientation or sex of that person or class of persons.

Discrimination in tenancy premises
10 (1) A person must not
(a) deny to a person or class of persons the right to occupy, as a tenant, space that is represented as being available for occupancy by a tenant, or
(b) discriminate against a person or class of persons regarding a term or condition of the tenancy of the space, because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or class of persons, or of any other person or class of persons.
(2) Subsection (1) does not apply in the following circumstances:
(a) if the space is to be occupied by another person who is to share, with the person making the representation, the use of any sleeping, bathroom or cooking facilities in the space;
(b) as it relates to family status or age,

(i) if the space is a rental unit in residential premises in which every rental unit is reserved for rental to a person who has reached 55 years of age or to 2 or more persons, at least one of whom has reached 55 years of age, or
(ii) a rental unit in a prescribed class of residential premises;

(c) as it relates to physical or mental disability, if

(i) the space is a rental unit in residential premises,
(ii) the rental unit and the residential premises of which the rental unit forms part,

(A) are designed to accommodate persons with disabilities, and
(B) conform to the prescribed standards, and

(iii) the rental unit is offered for rent exclusively to a person with a disability or to 2 or more persons, at least one of whom has a physical or mental disability.

Discrimination in employment advertisements
11 A person must not publish or cause to be published an advertisement in connection with employment or prospective employment that expresses a limitation, specification or preference as to race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age unless the limitation, specification or preference is based on a bona fide occupational requirement.

Discrimination in wages
12 (1) An employer must not discriminate between employees by employing an employee of one sex for work at a rate of pay that is less than the rate of pay at which an employee of the other sex is employed by that employer for similar or substantially similar work.
(2) For the purposes of subsection (1), the concept of skill, effort and responsibility must, subject to factors in
respect of pay rates such as seniority systems, merit systems and systems that measure earnings by quantity or
quality of production, be used to determine what is similar or substantially similar work.
(3) A difference in the rate of pay between employees of different sexes based on a factor other than sex does not constitute a failure to comply with this section if the factor on which the difference is based would reasonably justify the difference.
(4) An employer must not reduce the rate of pay of an employee in order to comply with this section.
(5) If an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer, by action, the difference between the amount paid and the amount to which the employee is entitled, together with the costs, but

(a) the action must be commenced no later than 12 months from the termination of the employee's services, and
(b) the action applies only to wages of an employee during the 12 month period immediately before the earlier of the date of the employee's termination or the commencement of the action.

Discrimination in employment
13 (1) A person must not
(a) refuse to employ or refuse to continue to employ a person, or
(b) discriminate against a person regarding employment or any term or condition of employment because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.
(2) An employment agency must not refuse to refer a person for employment for any reason mentioned in subsection (1).
(3) Subsection (1) does not apply

(a) as it relates to age, to a bona fide scheme based on seniority, or
(b) as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan.

(4) Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.

Discrimination by unions and associations
14 A trade union, employers' organization or occupational association must not
(a) exclude any person from membership,
(b) expel or suspend any member, or
(c) discriminate against any person or member

because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or member, or because that person or member has been convicted of a criminal or summary conviction offence that is unrelated to the membership or intended membership.

Alberta Human Rights Act

Discrimination re publications, notices
2(1) No person shall publish, issue or display or cause to be published,
issued or displayed before the public any statement, publication, notice,
sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate
against a person or a class of persons, or
(b) is likely to expose a person or a class of persons to hatred or contempt because of the race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income or family status of that person or class of persons.
(2) Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject.
(3) Subsection (1) does not apply to

(a) the display of a notice, sign, symbol, emblem or other
representation displayed to identify facilities customarily used by one
gender,
(b) the display or publication by or on behalf of an organization that

(i) is composed exclusively or primarily of persons
having the same political or religious beliefs, ancestry or place of
origin, and
(ii) is not operated for private profit,

of a statement, publication, notice, sign, symbol, emblem or
other representation indicating a purpose or membership qualification of
the organization, or
(c) the display or publication of a form of application or an
advertisement that may be used, circulated or published pursuant to section
8(2),
if the statement, publication, notice, sign, symbol, emblem or other representation is not derogatory, offensive or otherwise improper.
RSA 1980 cI-2 s2;1985 c33 s2;1990 c23 ss2,3;1996 c25 s5

Discrimination re goods, services, accommodation, facilities
3 No person shall

(a) deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or
(b) discriminate against any person or class of persons with
respect to any goods, services, accommodation or facilities that are
customarily available to the public,
because of the race, religious beliefs, colour, gender, physical disability, mental disability, ancestry, place of origin, marital status, source of income or family status of that person or class of persons or of any other person or class of persons.
RSA 1980 cI-2 s3;1985 c33 s2;1990 c23 ss2,3;1996 c25 s6

Discrimination re tenancy
4 No person shall

(a) deny to any person or class of persons the right to occupy as a tenant any commercial unit or self-contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or
(b) discriminate against any person or class of persons with
respect to any term or condition of the tenancy of any commercial unit or
self-contained dwelling units,
because of the race, religious beliefs, colour, gender, physical disability, mental disability, ancestry, place of origin, marital status, source of income or family status of that person or class of persons or of any other person or class of persons.
RSA 1980 cI-2 s4;1985 c33 s2;1990 c23 ss2,3;1996 c25 s6

Equal pay
6(1) Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay the employees at the same rate of pay.
(2) to (4) Repealed 1996 c25 s8.
(5) No employer shall reduce the rate of pay of an employee in order to comply with this section.
(6) When an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer by action the difference between the amount paid and the amount to which the employee was entitled, together with costs, but

(a) the action must be commenced within 12 months from the date on which the cause of action arose and not afterward,
(b) the action applies only to the wages of an employee during the
12-month period immediately preceding the termination of the employee's
services or the commencement of the action, whichever occurs first,
(c) the action may not be commenced or proceeded with when the employee has made a complaint to the Commission in respect of the contravention of this section, and
(d) no complaint by the employee in respect of the contravention shall be acted on by the Commission when an action has been commenced by the employee under this section.
RSA 1980 cI-2 s6;1990 c23 s2;1996 c25 s8

Discrimination re employment practices
7(1) No employer shall
(a) refuse to employ or refuse to continue to employ any person, or
(b) discriminate against any person with regard to employment or any term or condition of employment, because of the race, religious beliefs, colour, gender, physical
disability, mental disability, marital status, age, ancestry, place of
origin, family status or source of income of that person or of any other
person.
(1.1), (1.2) Repealed 1990 c23 s4.
(2) Subsection (1) as it relates to age and marital status does not affect the operation of any bona fide retirement or pension plan or the terms or conditions of any bona fide group or employee insurance plan.
(3) Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
RSA 1980 cI-2 s7;1985 c33 ss2,3;1988 cE-10.2 s125;
1990 c23 s4;1996 c25 s9

Applications and advertisements re employment
8(1) No person shall use or circulate any form of application for
employment or publish any advertisement in connection with employment or
prospective employment or make any written or oral inquiry of an applicant
(a) that expresses either directly or indirectly any limitation,
specification or preference indicating discrimination on the basis of the
race, religious beliefs, colour, gender, physical disability, mental
disability, marital status, age, ancestry, place of origin, family status
or source of income of any person, or
(b) that requires an applicant to furnish any information
concerning race, religious beliefs, colour, gender, physical disability,
mental disability, marital status, age, ancestry, place of origin, family
status or source of income.
(2) Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
RSA 1980 cI-2 s8;1985 c33 s4;1990 c23 s5;1996 c25 s10

Membership in trade union, etc.
10 No trade union, employers' organization or occupational association
shall

(a) exclude any person from membership in it,
(b) expel or suspend any member of it, or
(c) discriminate against any person or member,

because of the race, religious beliefs, colour, gender, physical
disability, mental disability, marital status, age, ancestry, place of
origin, family status or source of income of that person or member.
RSA 1980 cI-2 s10;1985 c33 s2;1990 c23 ss2,3;1996 c25 s12

Manitoba Human Rights Code

"Discrimination" defined
9(1) In this Code, "discrimination" means
(a)differential treatment of an individual
on the basis of the individual's actual or
presumed membership in or association
with some class or group of persons,
rather than on the basis of personal
merit; or
(b)differential treatment of an individual
or group on the basis of any
characteristic referred to in
subsection (2); or
differential treatment of an individual
or group on the basis of the individual's
or group's actual or presumed
association with another individual or
group whose identity or membership is
determined by any characteristic
referred to in subsection (2); or
(d)failure to make reasonable
accommodation for the special needs of
any individual or group, if those special
needs are based upon any characteristic
referred to in subsection (2).

Applicable characteristics
9(2) The applicable characteristics for the
purposes of clauses (1)(b) to (d) are

(a)ancestry, including colour and
perceived race;
(b)nationality or national origin;
©ethnic background or origin;
(d)religion or creed, or religious belief,
religious association or religious activity;
(e)age;
(f)sex, including pregnancy, the
possibility of pregnancy, or
circumstances related to pregnancy;
(g)gender-determined characteristics or
circumstances other than those included
in clause (f);
(h)sexual orientation;
(i)marital or family status;
(j)source of income;
(k)political belief, political association or
political activity;
(l)physical or mental disability or related
characteristics or circumstances,
including reliance on a dog guide or
other animal assistant, a wheelchair, or
any other remedial appliance or device.

Saskatchewan Human Rights Code

PROHIBITION OF CERTAIN DISCRIMINATORY PRACTICES
Right to engage in occupations
9 Every person and every class of persons shall enjoy the right to engage in and carry on any occupation, business or enterprise under the law without discrimination because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, nationality, ancestry, place or origin or receipt of public assistance.

Discrimination in the purchase of property prohibited
10(1) No person shall:

(a) deny to any person or class of persons the opportunity to purchase any commercial unit or any place of dwelling that is advertised or in any way represented as being available for sale;
(b) deny to any person or class of persons the opportunity to purchase or otherwise acquire land or an interest in land; or
(c) discriminate against any person or class of persons with respect to any term or condition of the purchase or other acquisition of any commercial unit or any place of dwelling, land or any interest in land; because of the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of that person or class of persons or the receipt of public assistance by that person or class of persons.
(2) Nothing in subsection (1) prohibits discrimination on the basis of age, where such discrimination is permitted or required by any law or regulation in force in the province.
(3) Nothing in subsection (1) prohibits the sale, the offering for sale or the advertising for sale of a place of dwelling for occupancy by persons over 55 years of age exclusively.

Discrimination in occupancy of commercial unit or housing accommodation is prohibited
11(1) No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall:
(a) deny to any person or class of persons occupancy of any commercial unit or any housing accommodation; or
(b) discriminate against any person or class of persons with respect to any term or condition of occupancy of any commercial unit or any housing accommodation;

because of the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, nationality, ancestry or place of origin of that person or class of persons or of any other person or class of persons or the receipt of public assistance by any person or any class of persons.
(2) Subsection (1) does not apply to discrimination on the basis of the sex of a person with respect to housing accommodation, where the occupancy of all the housing accommodation in a building, except that of the owner or his family, is restricted to individuals who are of the same sex.
(3) Subsection (1) does not apply to discrimination on the basis of the sex or sexual orientation of a person with respect to the renting or leasing of any dwelling unit in any housing accommodation that is composed of not more than two dwelling units, where the owner of the housing accommodation or his family resides in one of the two dwelling units.
(4) Nothing in subsection (1) prohibits the renting or leasing, the offering for rent or lease or the advertising for rent or lease, of any housing accommodation for occupancy by persons over 55 years of age exclusively.

Discrimination prohibited in places to which public admitted
12(1) No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall:
(a) deny to any person or class of persons the accommodation, services or facilities to which the public is customarily admitted or which are offered to the public; or
(b) discriminate against any person or class of persons with respect to the accommodation, services or facilities to which the public is customarily admitted or which are offered to the public;

because of the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of that person or class of persons or of any other person or class of persons or the receipt of public assistance by any person or any class of persons.
(2) Subsection (1) does not apply to prevent the barring of any person because of his sex from any accommodation, services or facilities upon the ground of public decency.
(3) Subsection (1) does not apply to prevent the denial or refusal of any accommodation, services or facilities to a person on the basis of age, if the accommodation, services or facilities are not available to that person by virtue of any law or regulation in force in the province.
(4) Subsection (1) does not apply to prevent the giving of preference because of marital status or family status with respect to membership dues, fees or other charges for services or facilities.

Right to education
13(1) Every person and every class of persons shall enjoy the right to education in any school, college, university or other institution or place of learning, vocational training or apprenticeship without discrimination because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, nationality, ancestry, place of origin or receipt of public assistance.
(2) Nothing in subsection (1) prevents a school, college, university or other institution or place of learning from following a restrictive policy with respect to enrolment on the basis of sex, creed, religion or disability, where it enrols persons of a particular sex, creed or religion exclusively, or is conducted by a religious order or society, or where it enrols persons who are disabled.

Prohibitions against publications
14(1) No person shall publish or display, or cause or permit to be published or displayed, on any lands or premises or in a newspaper, through a television or radio broadcasting station or any other broadcasting device or in any printed matter or publication or by means of any other medium that he owns, controls, distributes or sells, any representation, including, without restricting the generality of the foregoing, any notice, sign, symbol, emblem, article, statement or other representation:
(a) tending or likely to tend to deprive, abridge or otherwise restrict the enjoyment by any person or class of persons of any right to which he is or they are entitled under law; or
(b) which exposes, or tends to expose, to hatred, ridicules, belittles or otherwise affronts the dignity of any person, any class of persons or a group of persons;

because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance.
(2) Nothing in subsection (1) restricts the right to freedom of speech under the law upon any subject.

Discrimination prohibited in contracts
15(1) No person shall, in making available to any person a contract that is offered to the public:
(a) discriminate against any person or class of persons; or
(b) include terms or conditions in any such contract that discriminate against a person or class of persons;

because of the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, nationality, ancestry or place of origin of that person or class of persons or the receipt of public assistance by that person or class of persons.
(1.1) The right pursuant to subsection (1) does not apply to discrimination on the basis of disability within the meaning of subclause 2(d.1)(ii) where a person refuses to contract with another person who does not have the legal capacity to contract.
(1.2) The right pursuant to subsection (1) is not infringed where:
(a) a contract of automobile, life, accident or sickness or disability insurance;
(b) a contract of group insurance between an insurer and an association or person;
(c) a life annuity;
(d) a pension contract; or
(e) any contract other than one mentioned in clauses (a) to (d);

is prescribed in the regulations as a contract or one of a category of contracts that differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of disability or family status.
(1.3) The Lieutenant Governor in Council may make regulations prescribing contracts or categories of contracts for the purposes of subsection (1.2).
(2) Repealed. 1980-81, c.41, s.3.

Discrimination prohibited in employment
16(1) No employer shall refuse to employ or continue to employ or otherwise discriminate against any person or class of persons with respect to employment, or any term or condition of employment, because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance.
(2) No employment agency shall discriminate against any person or class of persons because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance in receiving, classifying, disposing of or otherwise acting upon applications for its service or in referring an applicant or applicants to an employer or anyone acting on an employer's behalf.
(3) No employer shall use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against any person or class of persons seeking employment because of his or their race, creed, religion, colour, sex, sexual orientation, family status, maritial status, disability, age, nationality, ancestry, place of origin or receipt of public assistance.
(4) No provision of this section relating to age prohibits the operation of any term of a bona fide retirement, superannuation or pension plan, or any terms or conditions of any bona fide group or employee insurance plan, or of any bona fide scheme based upon seniority.
(5) Nothing in this section deprives a college established pursuant to an Act of the Legislature, a school, board of education, or conseil scolaire of the right to employ persons of a particular religion or religious creed where religious instruction forms or may form the whole or part of the instruction or training provided by the college, school, board of education, or conseil scolaire pursuant to The Education Act.
(6) Repealed. 1989-90, c.23, s.12.
(7) The provisions of this section relating to any discrimination, limitation, specification or preference for a position or employment based on sex, disability or age do not apply where sex, ability or age is a reasonable occupational qualification and requirement for the position or employment.
(8) This section does not prohibit an employer from refusing to employ or refusing to continue to employ a person for reasons of any prohibited ground of discrimination where the employee is:

(a) employed in a private home; or
(b) living in the home of his employer.

(9) The provisions of this section shall not be construed to prohibit distinctions in terms or conditions of employment where those distinctions are permitted by virtue of The Labour Standards Act or the regulations made pursuant to that Act.
(10) This section does not prohibit an exclusively non-profit charitable, philanthropic, fraternal, religious, racial or social organization or corporation that is primarily engaged in serving the interests of persons identified by their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance from employing only or giving preference in employment to persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment.
(11) This section does not prohibit an employer from:

(a) granting employment to, continuing to employ or advancing a person who is the parent, child or spouse of another employee of the employer where a reasonable and bona fide cause exists for the employer's action; or
(b) refusing to employ, to continue to employ or to advance a person who is the parent, child or spouse of another employee of the employer where a reasonable and bona fide cause exists for the employer's refusal.

Right to membership in professional and trade associations
17 Every person and every class of persons shall enjoy the right to membership, and all the benefits appertaining to membership, in any professional society or other occupational association without discrimination because of his or their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance.

Discrimination by trade unions prohibited
18 No trade union shall exclude any person from full membership or expel, suspend or otherwise discriminate against any of its members, or discriminate against any person in regard to employment by any employer, because of the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of that person or member or the receipt of public assistance by that person or member.

Forms of application and advertisements for employment, etc., not to express discrimination
19 No person shall use or circulate any form of application for employment to which this Act applies or publish any advertisement in connection with such employment or prospective employment or make any written or oral inquiry in connection with such employment that:

(a) expresses, either directly or indirectly, a limitation, specification or preference indicating discrimination or an intention to discriminate on the basis of race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance;
(b) contains a question or request for particulars as to the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of an applicant for employment or the receipt of public assistance by an applicant for employment.

Québec Charter of Human Rights and Freedoms

Chapter I.1 Right to equal recognition and exercise of rights and freedoms
10. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.
10.1 No one may harass a person on the basis of any ground mentioned in section 10.

11. No one may distribute, publish or publicly exhibit a notice, symbol or sign involving discrimination, or authorize anyone to do so.
12. No one may, through discrimination, refuse to make a juridical act concerning goods or services ordinarily offered to the public.
13. No one may in a juridical act stipulate a clause involving discrimination.

Such a clause is without effect.
14. The prohibitions contemplated in sections 12 and 13 do not apply to the person who leases a room situated in a dwelling if the lessor or his family resides in such dwelling, leases only one room and does not advertise the room for lease by a notice or any other public means of solicitation.
15. No one may, through discrimination, inhibit the access of another to public transportation or a public place, such as a commercial establishment, hotel, restaurant, theatre, cinema, park, camping ground or trailer park, or his obtaining the goods and services available there.
16. No one may practise discrimination in respect of the hiring, apprenticeship, duration of the probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal or conditions of employment of a person or in the establishment of categories or classes of employment.
17. No one may practise discrimination in respect of the admission, enjoyment of benefits, suspension or expulsion of a person to, of or from an association of employers or employees or any professional corporation or association of persons carrying on the same occupation.
18. No employment bureau may practise discrimination in respect of the reception, classification or processing of a job application or in any document intended for submitting an application to a prospective employer.

18.1 No one may, in an employment application form or employment interview, require a person to give information regarding any ground mentioned in section 10 unless the information is useful for the application of section 20 or the implementation of an affirmative action program in existence at the time of the application.
18.2 No one may dismiss, refuse to hire or otherwise penalize a person in his employment owing to the mere fact that he was convicted of a penal or criminal offence, if the offence was in no way connected with the employment or if the person has obtain a pardon for the offence.

19. Every employer must, without discrimination, grant equal salary or wages to the members of his personnel who perform equivalent work at the same place.

A difference in salary or wages based on experience, seniority, years of
service, merit, productivity or overtime is not considered discriminatory if
such criteria are common to all members of the personnel.
Adjustments in compensation and a pay equity plan are deemed not to discriminate on the basis of gender if they are established in accordance with the Pay Equity Act (1996, chapter 43).
20. A distinction, exclusion or preference based on the aptitudes or qualifications required for an employment, or justified by the charitable, philanthropic, religious, political or educational nature of a non-profit institution or of an institution devoted exclusively to the well-being of an ethnic group, is deemed non-discriminatory.

20.1 In an insurance or pension contract, a social benefits plan, a retirement, pension or insurance plan, or a public pension or public insurance plan, a distinction, exclusion or preference based on age, sex or civil status is deemed non-discriminatory where the use thereof is warranted and the basis therefor is a risk determination factor based on actuarial data.

In such contracts or plans, the use of health as a risk determination factor
does not constitute discrimination within the meaning of section 10.

New Brunswick Human Rights Act

3(1) No employer, employers' organization or other person acting on behalf of an employer shall
(a) refuse to employ or continue to employ any person, or
(b) discriminate against any person in respect of employment or any term or condition of employment,

because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
3(2) No employment agency shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex, discriminate against any person seeking employment.
3(3) No trade union or employers' organization shall
(a) exclude any person from full membership,
(b) expel, suspend or otherwise discriminate against any of its members, or
(c) discriminate against any person in respect of his employment by an employer,

because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
3(4) No person shall
(a) use or circulate any form of application for employment,
(b) publish or cause to be published any advertisement in connection with employment, or
(c) make any oral or written inquiry in connection with employment,

that expresses either directly or indirectly any limitation, specification or preference, or requires an applicant to furnish any information as to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
3(5) Notwithstanding subsections (1), (2), (3) and (4), a limitation, specification or preference on the basis of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex shall be permitted if such limitation, specification or preference is based upon a bona fide occupational qualification as determined by the Commission.
3(6) The provisions of subsections (1), (2), (3) and (4) as to age do not apply to
(a) the termination of employment or a refusal to employ because of the terms or conditions of any bona fide retirement or pension plan;
(b) the operation of the terms or conditions of any bona fide retirement or pension plan that have the effect of a minimum service requirement; or
(c) the operation of terms or conditions of any bona fide group or employee insurance plan.

3(6.1) The provisions of subsections (1), (2), (3) and (4) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
3(7) The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to
(a) the termination of employment or a refusal to employ because of a bona fide qualification based on the nature of the work or the circumstance of the place of work in relation to the physical disability or mental disability, as determined by the Commission; or
(b) the operation of terms or conditions of any bona fide group or employee insurance plan.

4(1) No person directly or indirectly, alone or with another, by himself or by the interposition of another, shall
(a) deny to any person or class of persons the right to occupy any commercial unit or dwelling unit, or
(b) discriminate against any person or class of persons with respect to any term or condition of occupancy of any commercial unit or any dwelling unit,

because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
4(2) No person who offers to sell property or any interest in property shall
(a) refuse an offer to purchase the property or interest made by a person or class of persons,
(b) discriminate against any person or class of persons with respect to any term or condition of the sale of any property or interest in property,

because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
4(3) No person shall impose, enforce or endeavour to impose or enforce, any term or condition on any conveyance, instrument or contract, whether written or oral, that restricts the right of any person or class of persons, with respect to property because of race, colour, religion, national origin, ancestry, place of origin, physical disability, mental disability, sexual orientation or sex.
4(4) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, physical disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
4(5) The provisions of subsections (1) and (2) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
5(1) No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall
(a) deny to any person or class of persons any accommodation, services or facilities available to the public, or

(b) discriminate against any person or class of persons with respect to any accommodation, services or facilities available to the public,

because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
5(2) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, physical
disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification,
exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
5(3) The provisions of subsection (1) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
6(1) No person shall
(a) publish, display, or cause to be published or displayed, or
(b) permit to be published or displayed on lands or premises, in a newspaper, through a television or radio broadcasting station, or by means of any other medium that he owns or controls,

any notice, sign, symbol, emblem or other representation indicating discrimination or an intention to discriminate against any person or class of persons for any purpose because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
6(2) Nothing in this section interferes with, restricts, or prohibits the free expression of opinions upon any subject by speech or in writing.
6(3) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, physical disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
6(4) The provisions of subsection (1) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
7(1) No professional association or business or trade association shall exclude any person from full membership or expel or suspend or otherwise discriminate against any of its members because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
7(2) Nothing in this section affects the application of any statutory provision restricting membership in a professional association or business or trade association to Canadian citizens or British subjects.

7.1(1) In this section
"association" means an employers' organization, a trade union, a professional association or a business or trade association;
"representative" means a person who acts on behalf of an association or another person;
"sexually harass" means engage in vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome.
7.1(2) No employer, representative of the employer or person employed by the employer shall sexually harass a person employed by the employer or a person seeking employment with the employer.
7.1(3) No association or representative of the association shall sexually harass a member of the association or a person seeking membership in the association.
7.1(4) No person who provides goods, services, facilities or accommodation to the public, nor any representative of such
person, shall sexually harass a recipient or user, or a person seeking to be a recipient or user, of these goods, services,
facilities or accommodation.
7.1(5) No person who provides commercial or residential premises to the public, nor any representative of such person, shall sexually harass an occupant, or a person seeking to be an occupant, of these premises.
7.1(6) For the purposes of this section
(a) any act committed by an employee or representative of a person shall be deemed to be an act committed by the person if the person did not exercise the diligence appropriate in the circumstances to prevent the commission of the act;
(b) any act committed by an employee or representative of an association shall be deemed to be an act committed by the association if an officer or director of the association did not exercise the diligence appropriate in the circumstances to prevent the commission of the act;
(c) any act committed by an officer or director of an association shall be deemed to be an act committed by the association.

8 No person shall discharge, refuse to employ, exclude, expel, suspend, deny, evict or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation, inquiry or prosecution of a complaint or other proceeding under this Act.

Nova Scotia Human Rights Act

Meaning of discrimination
4 For the purpose of this Act, a person discriminates where the person makes a distinction, whether intentional or not, based on a characteristic, or perceived characteristic, referred to in clauses (h) to (v) of subsection (1) of Section 5 that has the effect of imposing burdens, obligations or disadvantages on an individual or a class of individuals not imposed upon others or which withholds or limits access to opportunities, benefits and advantages available to other individuals or classes of individuals in society.
1991, c. 12, s. 1.

Prohibition of discrimination
5 (1) No person shall in respect of
(a) the provision of or access to services or facilities;
(b) accommodation;
(c) the purchase or sale of property;
(d) employment;
(e) volunteer public service;
(f) a publication, broadcast or advertisement;
(g) membership in a professional association, business or trade association, employers organization or employees organization,

discriminate against an individual or class of individuals on account of
(h) age;
(i) race;
(j) colour;
(k) religion;
(l) creed;
(m) sex;
(n) sexual orientation;
(o) physical disability or mental disability;
(p) an irrational fear of contracting an illness or disease;
(q) ethnic, national or aboriginal origin;
(r) family status;
(s) marital status;
(t) source of income;
(u) political belief, affiliation or activity;
(v) that individuals association with another individual or class of individuals having characteristics referred to in clauses (h) to (u).

Newfoundland Human Rights Act

Right of the public to services
6. (1) A person shall not deny to or discriminate against a person or class of persons with respect to accommodation, services, facilities or goods to which members of the public customarily have access or which are customarily offered to the public because of the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability of that person or class of persons.

(2) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of physical disability or mental disability shall be permitted if that limitation, specification, exclusion, denial or preference is based upon a good faith qualification.
(3) Subsection (1) does not apply

(a) to accommodation in a private residence;
(b) to the exclusion of a person because of that person's sex from accommodation, services or facilities upon the ground of public decency;
(c) to accommodation where sex is a reasonable criterion for admission to the accommodation;
(d) to a restriction on membership on the basis of a prohibited ground of discrimination, in a religious, philanthropic, educational, fraternal, sororal or social organization that is primarily engaged in serving the interests of a group of persons identified by that prohibited ground of discrimination; or
(e) to other situations where a good faith reason exists for the denial of or discrimination with respect to accommodation, services, facilities or goods.

(4) Notwithstanding paragraph (3)(a), subsection (1) shall apply to a private residence that offers a bed and breakfast accommodation for pay.
(5) For the purposes of this section "accommodation, services, facilities or goods to which members of the public customarily have access or which are customarily offered to the public" shall include accommodation, services, facilities or goods which are restricted to a certain segment of the public.

Right to occupy commercial and dwelling units
7. (1) A person, directly or indirectly, alone or with another, by himself or herself or by the interposition of another, shall not
(a) deny to a person or class of persons occupancy of a commercial unit or a self-contained dwelling unit; or
(b) discriminate against a person or class of persons with respect to a term or condition of occupancy of a commercial unit or a self-contained dwelling unit by reason only of the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability of that person or class of persons.
(2) Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of physical or mental disability shall be permitted if that limitation, specification, exclusion, denial or preference is based upon a good faith qualification as determined by the commission.

Harassment of occupant prohibited
8. A person, directly or indirectly, alone or with another, by himself or herself only or by the interposition of another, shall not harass a person or class of persons who is an occupant of a commercial unit or a self-contained dwelling unit because of the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability of that person or class of persons.

Discrimination in employment
9. (1) An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment because of

(a) that person's race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability; or
(b) that person's age, if that person has reached the age of 19 years and has not reached the age of 65 years,
but this subsection does not apply to the expression of a limitation, specification or preference based on a good faith occupational qualification.
(2) An employer, or a person acting on behalf of an employer, shall not use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against persons seeking employment because of their race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability.
(3) A trade union shall not exclude a person from full membership or expel or suspend or otherwise discriminate against 1 of its members or discriminate against a person in regard to his or her employment by an employer, because of

(a) that person's race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability; or
(b) that person's age, if that person has reached the age of 19 years and has not reached the age of 65 years.

(4) A person shall not use or circulate a form of application for employment or publish an advertisement in connection with employment or prospective employment or make a written or oral inquiry in connection with employment that expresses either directly or indirectly

(a) a limitation, specification or preference as to race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability; or
(b) an intent to

(i) dismiss from employment,
(ii) refuse to employ or rehire, or
(iii) discriminate against

a person because of age, if that person has reached the age of 19 years and has not reached the age of 65 years,
but this subsection does not apply to the expression of a limitation, specification or preference based on a good faith occupational qualification.
(5) Notwithstanding subsection 19(1), the provisions of subsections (1), (3) and (4) as to age shall not apply to

(a) termination of employment because of the terms or conditions of a good faith retirement or pension plan;
(b) operation of the terms or conditions of a good faith retirement or pension plan which have the effect of a minimum service requirement; or
(c) operation of the terms or conditions of a good faith group or employee insurance plan.

(6) This section does not apply to an employer

(a) which is an exclusively religious, fraternal or sororal organization that is not operated for private profit; or
(b) in respect of the employment of a domestic employed and living in a single-family home.

Discrimination re: attachment of wages, etc.

10. (1) An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment because of that person's pay

(a) from another or previous employer having been; or
(b) from him or her or another employer being or becoming

subject to
(c) attachment or seizure in satisfaction of a claim against; or
(d) alienation, assignment or transfer by that person, but discrimination based on a good faith occupational qualification with respect to persons whose duties include the collecting, receiving or depositing of money belonging to the employer does not constitute a failure to comply with this subsection.
(2) An employer, or a person acting on behalf of an employer, shall not use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against persons seeking employment for a reason that would be, in regard to an employer or person acting on behalf of an employer, discrimination under subsection (1).
(3) A trade union shall not exclude a person from full membership or expel or suspend or otherwise discriminate against a member or discriminate against a person in regard to his or her employment by an employer for a reason that would be, in regard to an employer or a person acting on behalf of an employer, discrimination under subsection (1).
(4) A person shall not use or circulate a form of application for employment or publish an advertisement in connection with employment or prospective employment or make a written or oral inquiry in connection with employment that expresses either directly or indirectly

(a) a limitation, specification or preference as to a person; or
(b) an intent to

(i) dismiss from employment,
(ii) refuse to employ or retire, or
(iii) discriminate against

a person for a reason that would be, in regard to an employer or a person acting on behalf of an employer, discrimination under subsection (1).
(5) This section does not apply to an employer in respect of the employment of a domestic employed and living in a single-family home.

P.E.I. Human Rights Act

1(d) "discrimination" means discrimination in relation to age, colour,
creed, ethnic or national origin, family status, marital status, physical
or mental handicap, political belief, race, religion, sex, sexual
orientation, or source of income of any individual or class of
individuals;

2. (1) No person shall discriminate
(a) against any individual or class of individuals with respect to
enjoyment of accommodation, services and facilities to which
members of the public have access; or
(b) with respect to the manner in which accommodations, services
and facilities, to which members of the public have access, are
provided to any individual or class of individuals.
(2) Subsection (1) does not prevent the denial or refusal of
accommodation, services or facilities to a person on the basis of age if the
accommodation, services or facilities are not available to that person by
virtue of any enactment in force in the province. 1975,c.72,s.2;
1984,c.23,s.1.
3. (1) No person shall
(a) deny to any individual or class of individuals, on a discriminatory
basis, occupancy of any commercial unit or self-contained dwelling
unit or accommodation in a housing unit that is used to provide rental
accommodation; or
(b) discriminate against any individual or class of individuals with
respect to any term or condition of occupancy of any commercial
unit or self-contained dwelling unit, or accommodation in a housing
unit that is used to provide rental accommodation.

(2) This section does not apply to the barring of any person because of
the sex of such person
(a) from accommodation in a housing unit where the housing unit is
in a structure having two or more housing units;
(b) from a self-contained dwelling unit, where the dwelling unit is in
a structure having two or more self-contained dwelling units,
where occupancy of all the housing units or dwelling units, except that of
the owner or the agent of the owner, is restricted to individuals of the
same sex. 1975,c.72,s.3.
4. No person who offers to sell property or any interest in property shall (a) refuse an offer to purchase the property or interest made by an individual or class of individuals on a discriminatory basis; or (b) discriminate against any individual or class of individuals with respect to any term or condition of sale of any property or interest. 1975,c.72,s.4.
5. Where in an instrument transferring an interest in real property a covenant or condition restricts the sale, ownership, occupation, or use of the property on a discriminatory basis, the covenant or condition is void. 1975,c.72,s.5.
6. (1) No person shall refuse to employ or to continue to employ any
individual
(a) on a discriminatory basis, including discrimination in any term or
condition of employment; or
(b) because the individual has been convicted of a criminal or
summary conviction offence that is unrelated to the employment or
intended employment of the individual.
(2) No employment agency shall accept an inquiry in connection with
employment from any employer or prospective employee that directly or
indirectly expresses any limitation, specification or preference or invites
information that is discriminatory and no employment agency shall
discriminate against any individual.
(3) No person shall use or circulate any form of application for
employment or publish any advertisement in connection with employment
or prospective employment or make any inquiry in connection with
employment that directly or indirectly expresses any limitation,
specification or preference or invites information that is discriminatory.
(4) This section does not apply to
(a) a refusal, limitation, specification or preference based on a
genuine occupational qualification;
(b) employment where physical or mental handicap is a reasonable
disqualification;
an exclusively religious or ethnic organization or an agency of
such an organization that is not operated for private profit and that is
operated primarily to foster the welfare of a religious or ethnic group
with respect to persons of the same religion or ethnic origin as the
case may be, if religion, creed, color, sex, marital status or ethnic or
national origin is a reasonable occupational qualification.
7. (1) No employer or person acting on behalf of an employer shall
discriminate between his employees by paying one employee at a rate of
pay less than the rate of pay paid to another employee employed by him
for substantially the same work, the performance of which requires equal
education, skill, experience, effort, and responsibility and which is
performed under similar working conditions, except where the payments
are made pursuant to
(a) a seniority system;
(b) a merit system; or
a system that measures earnings by quantity or quality of
production or performance,
but where the systems referred to in clauses (a) to (c) are based on
discrimination, the exemptions do not apply.
(2) No employer or person acting on his behalf shall reduce the rate of
pay of an employee in order to comply with subsection (1).
(3) No business, professional or trade association, employees' or
employers' organization, or employees, as the case may be, or its agents,
shall cause or attempt to cause an employer to pay to his employees rates
of pay that are in contravention of subsection (1).
(4) Where an employee is paid less than the rate of pay to which the
employee is entitled under this section, the employee is entitled, subject
to subsection (5),
(a) to recover from the employer by way of action in Supreme Court
the difference between the amount paid and the amount to which the
employee was entitled, together with costs;
(b) to enforcement of all other rights and remedies against the
employer which the employee would have been entitled to had the
employer not failed to comply with this section,
but proceedings under clause (a) or (b) shall be commenced within
twelve months from the date upon which the cause of action arose
and not afterwards;
(d) the proceedings under clauses (a) and (b) apply only to wages of
an employee during the twelve month period immediately preceding
the termination of the employee's services or the commencement of
the proceedings, whichever occurs first;
(e) the proceedings under clause (a) or (b) may not be commenced or
proceeded with where the employee had made a complaint on the
prescribed form to the Commission in respect of the contravention of
this section; and
(f) no complaint by an employee in respect to a contravention shall
be acted upon by the Commission where proceedings have been
commenced by the employee under this section.
(5) An employee is not entitled to the recovery and enforcement
referred to in subsection (1) if an appeal or grievance procedure is
provided for the employee under the Civil Service Act R.S.P.E.I. 1988,
Cap. C-8 the School Act R.S.P.E.I. 1988, Cap. S-2 or the Labour Act
R.S.P.E.I. 1988, Cap. L-1 or where the employee is a party to a
proceeding before an arbitration board constituted under the Arbitration
Act R.S.P.E.I. 1988, Cap. A-16 and the arbitration board has jurisdiction
to adjudicate on the question of rates of pay. 1975,c.72,s.7.
8. No employees' organization shall exclude any individual from full
membership or expel or suspend any of its members on a discriminatory
basis or discriminate against any individual in regard to his employment
by an employer. 1975,c.72,s.8.

9. No business, professional or trade association shall exclude any
individual from full membership or expel or suspend any of its members
on a discriminatory basis. 1975,c.72,s.9.
10. (1) No person or agency carrying out a public function, including fire protection or hospital services, through the use in whole or in part of volunteers, shall exclude, expel or limit any volunteer applicant on a discriminatory basis.
(2) This section does not apply to an exclusively religious or ethnic
organization that is not operated for private profit and that is operated
primarily to foster the welfare of a religious or ethnic group with respect
to persons of the same religion or ethnic origin, as the case may be.
1975,c.72,s.10.
11. The provisions of this Act relating to discrimination in relation to age or physical or mental handicap do not affect the operation of any genuine retirement or pension plan or any genuine group or employee insurance plan. 1975,c.72,s.11; 1980,c.26,s.2; 1985,c.23,s.3.
12. (1) No person shall publish, display or broadcast, or permit to be published, displayed or broadcasted on lands or premises, or in a newspaper or through a radio or television broadcasting station or by means of any other medium, any notice, sign, symbol, implement or other representation indicating discrimination or an intention to discriminate against any person or class of persons.
(2) Nothing in this section shall be deemed to interfere with the free
expression of opinion upon any subject in speech or in writing.
1975,c.72,s.12.
13. No person shall discriminate against an individual or the class of individuals in any manner prescribed by this Act because of race, religion, creed, colour, sex, marital status, ethnic or national origin, age, physical or mental handicap or political belief of any person with whom the individual or class of individuals associates. 1975,c.72,s.13;
1980,c.26,s.3; 1985,c.23,s.3; 1989(2nd),c.3,s.2 {eff.} Mar. 25/88.
15. No person shall evict, discharge, suspend, expel or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation, inquiry or prosecution of a complaint or other proceeding under this Act. 1975,c.72,s.15.

15.1 Nothing in this Act prevents the Government of Prince Edward Island, an agency of the Crown, or a regional authority established pursuant to the Health and Community Services Act R.S.P.E.I. 1988, Cap. H-1.1 from requiring that persons be in receipt of, or eligible for, welfare assistance benefits in order to qualify for access to accommodations, services, programs, or facilities directed at assisting persons in receipt of, or eligible for, welfare assistance benefits. 1998,c.92,s.3.

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