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Political Beliefs Protected in Federal Jobs and Services

Full Title: An Act to amend the Canadian Human Rights Act (protecting against discrimination based on political belief)

Summary#

This bill adds “political belief or activity” to the protected grounds in the Canadian Human Rights Act (CHRA). It updates the Act’s purpose clause and the list of prohibited grounds so people are protected from discrimination based on their politics in areas covered by federal law (Bill s.2; Bill s.3(1)).

  • Extends CHRA protections to cover political belief and political activity in federally regulated employment and services (Bill s.3(1); CHRC, CHRA overview).
  • Allows people to file complaints to the Canadian Human Rights Commission if they face adverse treatment for their political views or lawful political activities (CHRC, CHRA overview).
  • Requires federally regulated employers and service providers to review policies, training, and complaints processes to include the new grounds (Bill s.3(1)).
  • Does not change provincial human rights laws; applies only to federal jurisdictions (CHRC, CHRA overview).
  • No direct spending or tax changes in the bill text. Any administrative costs would be through existing agencies. Data unavailable.

What it means for you#

  • Households and service users

    • Banks, airlines, telecoms, railways, and federal agencies could not deny service or treat you worse because of your political belief or lawful political activity (Bill s.3(1); CHRC, CHRA overview).
    • You could file a complaint with the Canadian Human Rights Commission if this occurs. The Commission may refer cases to the Canadian Human Rights Tribunal, which can order remedies (CHRC, CHRA overview).
  • Workers and job seekers in federally regulated sectors

    • Employers could not refuse to hire you, fire you, demote you, or harass you because of your political belief or lawful political activity (Bill s.3(1); CHRC, CHRA overview).
    • Union membership and access to union services could not be restricted on this basis (CHRC, CHRA overview).
  • Federal public servants and Crown corporations

    • The same protections would apply in federal departments and Crown corporations. Codes of conduct would need to align with the new grounds, while still enforcing job-related rules (Bill s.3(1); CHRC, CHRA overview).
  • First Nations governments under federal jurisdiction

    • Band councils and federally funded Indigenous service providers covered by the CHRA would need to avoid discrimination based on political belief or activity in employment and services (CHRC, CHRA overview).
  • Employers and service providers in federal jurisdiction

    • Update anti-discrimination policies, training, and complaint handling to include political belief and activity (Bill s.3(1)).
    • Ensure decisions are based on performance and conduct, not political views. Job-related requirements can still be applied if justified under existing CHRA standards (CHRA general framework).
    • The bill contains no delayed coming-into-force clause, so changes would take effect on Royal Assent (Bill text review).

Expenses#

Estimated net cost: Data unavailable.

  • The bill adds protected grounds but includes no appropriations, taxes, or fees (Bill text).
  • Any added caseload for the Canadian Human Rights Commission or Tribunal is not costed. Data unavailable.
  • No official fiscal note identified. Data unavailable.

Proponents' View#

  • Closes a gap by adding political belief and activity to the prohibited grounds, so people have equal protection in federal workplaces and services (Bill s.3(1)).
  • Applies across the CHRA’s existing areas, including employment and provision of services, without creating a new enforcement body (Bill s.3(1); CHRC, CHRA overview).
  • Reinforces the CHRA purpose that people should have equal opportunity and have needs accommodated without discrimination, now including politics (Bill s.2).
  • Implementation is straightforward because it uses the current complaints and tribunal system, so compliance focuses on policy updates and training rather than new structures (CHRC, CHRA overview).
  • Provides clear recourse for lawful political activity outside work that might otherwise trigger reprisals at work or in access to services (Bill s.3(1); CHRC, CHRA overview).

Opponents' View#

  • The bill does not define “political belief” or “political activity,” creating uncertainty about scope and compliance boundaries (Bill s.3(1)).
  • Could increase complaints and litigation to test where political expression ends and workplace rules begin, with no added funding or timelines provided (Bill text; Data unavailable).
  • May complicate impartiality and conduct rules in the federal public service and regulated sectors; employers may need to rely on general CHRA defenses, which could take time to clarify (CHRA general framework).
  • Could create tension with anti-harassment and safety policies if individuals frame contentious conduct as “political activity,” requiring case-by-case adjudication (CHRA general framework).
  • Multi-jurisdiction employers may face uneven standards across Canada since provincial laws differ; the bill does not address interjurisdictional harmonization (CHRC, CHRA overview).

Timeline

Mar 3, 2022 • House

First reading

Social Issues
Labor and Employment