🇨🇦 Your rights in Canada

Equal pay

Human rights and employment laws across Canada prohibit paying women less because of their sex. Some laws require equal pay for substantially the same work, while pay equity laws go further and require equal pay for work of equal value.

• Federally regulated employers, such as banks, airlines and telecom companies, are covered by the federal Pay Equity Act, which requires them to review and correct pay gaps.
• Several provinces have their own pay equity or pay transparency laws, often focused on the public sector or larger employers.
• Your provincial employment standards and human rights laws cover most other workplaces.

Complaints go to the federal or provincial human rights body or employment standards office, depending on your employer. Time limits apply, so check the rules for your province.

Harassment at work

Sexual harassment is a form of sex discrimination under the Canadian Human Rights Act and provincial and territorial human rights codes. Many provinces also have occupational health and safety laws requiring employers to have harassment policies and to investigate complaints.

• Federally regulated workplaces must follow the Canada Labour Code's harassment and violence prevention rules.
• It is unlawful to punish you for complaining or taking part in an investigation.
• Keep a written record of incidents, witnesses and any messages.

You can usually use your employer's internal process, a union grievance, a human rights complaint or, in some cases, a civil claim. Human rights complaints often must be filed within a year or less, depending on the jurisdiction, so get advice quickly.

Pregnancy and maternity

Pregnancy discrimination is sex discrimination under human rights laws across Canada. Employers must not dismiss you, demote you or refuse to hire you because you are pregnant, and they must accommodate pregnancy-related needs up to the point of undue hardship.

• Federal and provincial employment standards give you the right to job-protected maternity and parental leave, if you meet eligibility rules.
• Income support during leave usually comes from Employment Insurance maternity and parental benefits, or Quebec's own parental insurance plan if you live in Quebec.
• Some employers top up these benefits.

Length of leave, notice requirements and eligibility differ between provinces and the federal system. Give your employer written notice of your leave and keep copies of all correspondence.

Flexible work

Federally regulated employees have the right under the Canada Labour Code to request flexible work arrangements, such as changes to hours, schedule or location, and the employer must respond in writing with reasons if they refuse.

For most other workers, provincial and territorial laws apply, and there is often no general legal right to flexible work. However:

• Human rights laws include family status protection, which can require employers to accommodate some childcare or caregiving obligations.
• Disability and pregnancy-related needs must be accommodated up to the point of undue hardship.
• Your contract, collective agreement or employer policy may give additional rights.

A clear written request explaining how the arrangement would work is often the best first step.

Protection from domestic abuse

Canada's Criminal Code covers assault, criminal harassment (stalking), uttering threats and other abuse. Police may lay charges, and courts can impose conditions such as no-contact orders. You can also seek a peace bond, a court order requiring someone to keep the peace and stay away from you.

• Many provinces and territories have civil emergency or family violence protection orders that can remove an abuser from the home or forbid contact.
• Family courts can make restraining orders as part of separation proceedings.
• Under the Divorce Act, courts must consider family violence when deciding parenting arrangements.

Names and procedures vary by province. Shelters and victim services can help with safety planning and applications. In an emergency, call 911.

Separation and divorce

Divorce is governed by the federal Divorce Act. The most common ground is that spouses have lived separate and apart for at least one year; adultery and cruelty are also grounds. Couples who were not married, and other family matters, are often dealt with under provincial law.

• Decisions about children are based on the best interests of the child, with family violence an important factor.
• Child support is usually calculated using federal or provincial guidelines.
• Spousal support may be available depending on the relationship.
• Property division follows provincial rules, which differ, especially for common-law partners.

Mediation and collaborative law are widely available. Keep copies of financial records if it is safe to do so.

Legal aid and free legal help

Each province and territory runs its own legal aid plan. Eligibility is usually based on income and the type of case, and family law and domestic violence cases are often covered.

Other sources of free or low-cost help include:

• Community legal clinics and student legal clinics run by law schools.
• Duty counsel at family and criminal courts.
• Lawyer referral services, which may offer a short free or low-cost consultation.
• Victim services programs and women's shelters, which can explain legal options.

Some provinces offer free legal advice for survivors of sexual assault or harassment. Contact the legal aid office in your province to check what you qualify for.