Acts and Regulations

2011, c.171 - Human Rights Act

Section 4
Disposition versions

Full text
Discrimination in employment
4(1)No person shall, based on a prohibited ground of discrimination,
(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.
4(2)No employment agency shall discriminate against a person seeking employment based on a prohibited ground of discrimination.
4(3)No trade union or employers’ organization shall, based on a prohibited ground of discrimination,
(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 or her employment by an employer.
4(4)No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of
(a) the use or circulation of a form of application for employment,
(b) the publication of an advertisement in connection with employment or causing its publication, or
(c) an oral or written inquiry in connection with employment.
4(5)Repealed: 2017, c.24, s.4
4(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 a bona fide retirement or pension plan that have the effect of a minimum service requirement, or
(c) the operation of terms or conditions of a bona fide group or employee insurance plan.
4(7)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.
4(8)The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to the operation of the terms or conditions of a bona fide group or employee insurance plan.
R.S.1973, c.H-11, s.3; 1974, c.20 (Supp.), s.1; 1976, c.31, s.2; 1985, c.30, s.5; 1992, c.30, s.3; 2004, c.21, s.2; 2017, c.24, s.4
Discrimination in employment
4(1)No employer, employers’ organization or other person acting on behalf of an employer shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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.
4(2)No employment agency shall discriminate against a person seeking employment because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity.
4(3)No trade union or employers’ organization shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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 or her employment by an employer.
4(4)No person shall
(a) use or circulate a form of application for employment,
(b) publish or cause to be published an advertisement in connection with employment, or
(c) make an oral or written inquiry in connection with employment,
that expresses either directly or indirectly a 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, sex, social condition or political belief or activity.
4(5)Despite 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, sex, social condition or political belief or activity shall be permitted if the limitation, specification or preference is based on a bona fide occupational qualification as determined by the Commission.
4(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 a bona fide retirement or pension plan that have the effect of a minimum service requirement, or
(c) the operation of terms or conditions of a bona fide group or employee insurance plan.
4(7)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.
4(8)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 a bona fide group or employee insurance plan.
R.S.1973, c.H-11, s.3; 1974, c.20 (Supp.), s.1; 1976, c.31, s.2; 1985, c.30, s.5; 1992, c.30, s.3; 2004, c.21, s.2
Discrimination in employment
4(1)No employer, employers’ organization or other person acting on behalf of an employer shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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.
4(2)No employment agency shall discriminate against a person seeking employment because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity.
4(3)No trade union or employers’ organization shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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 or her employment by an employer.
4(4)No person shall
(a) use or circulate a form of application for employment,
(b) publish or cause to be published an advertisement in connection with employment, or
(c) make an oral or written inquiry in connection with employment,
that expresses either directly or indirectly a 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, sex, social condition or political belief or activity.
4(5)Despite 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, sex, social condition or political belief or activity shall be permitted if the limitation, specification or preference is based on a bona fide occupational qualification as determined by the Commission.
4(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 a bona fide retirement or pension plan that have the effect of a minimum service requirement, or
(c) the operation of terms or conditions of a bona fide group or employee insurance plan.
4(7)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.
4(8)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 a bona fide group or employee insurance plan.
R.S.1973, c.H-11, s.3; 1974, c.20(Supp.), s.1; 1976, c.31, s.2; 1985, c.30, s.5; 1992, c.30, s.3; 2004, c.21, s.2