All countries have laws designed to protect employees and ensure fair treatment in the workplace. In Canada, these protections are found in a combination of federal, provincial, and territorial legislation, which together establish important rights around non-discrimination, harassment, data privacy, and pay equity. Employers are expected to comply with these rules to maintain a safe, respectful, and equitable working environment for their employees.
In this section, we’ll cover key employee protections in Canada, including anti-discrimination and harassment laws, data privacy requirements, employee monitoring rules, and pay equity legislation. By the end, you should have a clear understanding of your obligations as an employer and the steps you can take to protect both your employees and your organisation.
Whistleblowing is when an employee comes forward about criminal misconduct that they have witnessed in the workplace. That means whistleblowers play a crucial role in bringing corporate wrongdoing to light. For this reason, many countries have laws in place to facilitate whistleblowing and protect whistleblowers from harassment. Read on to learn about the situation in Canada.
Unlike some other countries, Canada has few specific laws pertaining directly to whistleblowing. However, a number of different laws do provide some protection for whistleblowers in Canada. For example, the Canadian Criminal Code states that employees must not threaten or take disciplinary action against a whistleblower for their disclosure. Punishment for retaliating against a whistleblower or threatening to do so is punishable by fines and up to five years’ imprisonment.
Employees in the federal public sector in Canada are protected by the Public Servants Disclosure Protection Act (PSDPA), which is a piece of legislation specifically implemented to protect whistleblowers. It provides a secure and confidential process for disclosing wrongdoing in the workplace, as well as protecting whistleblowers from retaliation. A very similar law exists in Ontario, called the Public Service of Ontario Act, 2006.
Under the PSDPA, employees can choose to make their disclosure in one of three ways:
The act also protects employees from acts of reprisal after they have made a disclosure. Acts of reprisal include disciplinary actions such as demotion, termination, and any other action that adversely affects working conditions or employment.
Employees are only covered by whistleblowing legislation in Canada under certain circumstances. For example, reports that pertain to personal or personnel issues, such as bullying and workplace harassment, are generally not covered. Some legislation, such as Ontario’s Securities Act, only provides protection to whistleblowers who bring their information directly to law enforcement.
During the course of the employment relationship, employers will almost certainly need to process personal data from their employees. Every country has rules in place to help keep that data safe, which employers need to know about. Read on to learn what you need to know about data privacy in Canada as an employer.
Data privacy regulations in Canada exist at both the federal and provincial levels. Employers in federally regulated industries are bound by the Personal Information Protection and Electronic Documents Act (PIPEDA). This piece of legislation governs the collection, use, and disclosure of personal information in the course of commercial activities.
Data privacy legislation in Canada also varies across the country’s ten provinces and three territories. For example, Alberta, British Columbia, and Quebec each have their own private sector privacy laws, which are considered substantially similar to PIPEDA. Some other provinces lack specific laws concerning data privacy in the private sector.
Employers in Canada should research the data privacy laws that apply in their province or territory to ensure their operations are compliant. However, regardless of jurisdiction, all employers in Canada should abide by the following guidelines:
Canada’s data privacy laws also limit employee monitoring and surveillance, both at the federal and provincial levels. For example, under PIPEDA, employees have the right to a reasonable expectation of privacy. Continuous video and audio monitoring of employees without consent has been found to be a disproportionate invasion of privacy under this law.
Specific regions of Canada also have their own guidelines on this topic. For example, in Ontario, employers with 25 or more employees are required to have a written policy on the electronic monitoring of employees. This should include:
Employers in Canada should carefully study the specific laws in their region before introducing any new employee surveillance method in order to ensure compliance and avoid legal trouble.
Employers in Canada can hire temporary agency workers when they have additional staffing needs for a short period of time. There are specific protections in Canadian labour law for workers sourced through temporary labour agencies.
For federally regulated industries in Canada (which include banking, aviation, and telecommunications), employment standards are governed by the Canada Labour Code. Recent amendments to the Canada Labour Code aim to enhance protections for temporary help agency employees, including:
There are also regulations in place at the provincial and territorial levels. For example, in Ontario, the Employment Standards Act, 2000 (ESA) provides comprehensive protections for temporary help agency workers, who are known as ‘assignment employees’. These include the right to be paid the same amount as a permanent worker performing the same or similar work. It also covers things like public holidays and termination procedures.
In some other regions, such as British Columbia and Alberta, while general employment protections apply to temporary agency workers as well as permanent staff, there is no specific right to equal treatment. Employers should consult the specific legislation in each province for detailed information.
Employees in Canada have the right not to be discriminated against at work on the basis of characteristics like their race, sex, or gender. This is covered by both federal and provincial legislation. Read on to learn what you need to know as an employer to protect both your employees and your business.
Canada’s anti-discrimination laws exist at both the federal and provincial levels. At the federal level, the main piece of legislation to be aware of is the Canadian Human Rights Act, which was implemented in 1977. This act protects employees from harassment when working in federally regulated activities. It explicitly prohibits discrimination on a wide range of grounds, including:
In addition to federal legislation, each province in Canada also has its own set of anti-discrimination laws. These apply to employers that are regulated at the provincial level. In general, these laws align closely with the Canadian Human Rights Act.
Protection against harassment is a key aspect of Canada’s anti-discrimination laws. The Canadian Human Rights Act recognises harassment as a form of discrimination when it is connected to one or more of the Act’s prohibited grounds, such as race, sex, religion, disability, or sexual orientation. This includes sexual harassment.
Employers and service providers under federal jurisdiction have a legal obligation to prevent and address harassment in the workplace. This includes developing policies, providing training, and taking appropriate action when incidents occur.
Employees who experience discrimination or harassment in Canada have access to several remedies, depending on whether the issue falls under federal or provincial jurisdiction. For federally regulated workplaces, individuals can file a complaint with the Canadian Human Rights Commission (CHRC). The CHRC assesses complaints and may refer them to the Canadian Human Rights Tribunal (CHRT) for a formal hearing if necessary.
For matters under provincial or territorial jurisdiction, complaints should be directed to the respective human rights commission or tribunal in that region. Employees may be awarded compensation if the CHRT determines that discrimination or harassment has occurred.
Canadian employers are bound by the principle of equal pay for work of equal value. That means that men and women must receive the same compensation if they perform the same or similar work in Canada.
The most significant piece of legislation on this topic is the federal Pay Equity Act, which came into effect in 2021. This applies to federally regulated workplaces with 10 or more employees. Employers in these sectors must:
Most provinces and territories in Canada also have their own pay equity legislation. For example, provinces like Ontario and Quebec have implemented their own Pay Equity Acts, requiring employers to identify and rectify wage disparities between male and female job classes. Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island have similar legislation, primarily focusing on the public sector.
In some other jurisdictions, such as Saskatchewan and Alberta, there is no specific pay equity legislation. However, provisions addressing equal pay for equal work exist within broader employment or human rights legislation. Employers should check the laws in their province or territory to ensure compliance.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Canada. Get it wrong, and you could face legal action and damage to your reputation.
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