Employment and human rights legislation

Owned by Amanda Vos
Last updated: Nov 08, 2024 by Linda Liu
5 min read

Disclaimer: The content contained in this module does not constitute legal advice. If you require advice, please contact legal counsel.

  • Full and part-time University of Waterloo undergraduate students who are members of the Waterloo Undergraduate Student Association (WUSA) have access to the Student Legal Protection Program.

  • Full and part-time University of Waterloo graduate students can access the Legal Protection Program.

 

In Canada (Federal)

Canadian Human Rights Act

The Canadian Human Rights Act ensures that all people in Canada are treated fairly and equally. It prohibits discrimination and unfair treatment based on race, gender, disability and other protected grounds in areas of employment and public service. This act applies to all people within Canada’s borders, regardless of citizenship status.

Employment Equity Act

The Employment Equity Act increases fairness and equality in certain industries and workplaces by addressing imbalances in employment opportunities and working conditions for women, First Nations, Inuit and Métis people, racialized groups and people with disabilities. This act encourages employers to take steps to make their workforce more representative and diverse.

Canada Labour Code

The Canada Labour Code defines the rights and responsibilities of all workers and employers in federally regulated industries and workplaces, including occupational health and safety and employment standards. The Canada Labour Code provides an employee with three rights:

  • The right to know – about known or foreseeable hazards in the workplace.

  • The right to participate – in identifying and correcting job-related health and safety concerns.

  • The right to refuse dangerous work – if you have cause to believe a condition, machine or activity is dangerous to you or other employees.

 

In Ontario (Provincial)

The Ontario Human Rights Code (OHRC)

The OHRC ensures that individuals and organizations in Ontario are treated fairly and equally. It promotes a just and inclusive society and prohibits harassment and discrimination based on race, gender, disability and other protected grounds in social areas such as employment and housing. The OHRC generally applies to situations within the province, but exceptions exist.

OHRC's frequently asked questions have more on these exceptions.

The Employment Standards Act (ESA)

The Ontario ESA sets out the basic rights and protections for designated employees and organizations in the province of Ontario. It outlines rules that require employers to treat employees fairly and respectfully. In cases where a provision in an employment contract or another piece of legislation gives a worker a greater right or benefit than the minimum employment standard in the ESA, that provision applies to the worker instead of the minimal employment (ESA) standard. For example, a collective agreement negotiated by a worker’s union grants workers more vacation time than the ESA provides for.

The ESA covers most employees and employers in Ontario. However, the ESA doesn’t apply to some employees and the organizations they work for (e.g., the federal civil service).

The ESA covers topics such as:

Ontario ESA policies for employers with 25+ employees

  • Disconnecting from work: There are no rules regarding what the policy must include. However, you should expect the employer to follow their established internal policy. 

  • Electronic monitoring

    • The policy must include whether the employer electronically monitors its workers, and if so, how and under what circumstances, and the purposes of collecting the information. 

    • This requirement doesn’t establish a right for employees not to be electronically monitored by their employer or create new privacy laws for employees. 

Co-op students: if you are employed in Ontario as a co-op student, you’re not covered by the ESA. Please refer to the co-op roles and responsibilities: payment, vacation days and overtime for more information. If you have questions about ESA policies, please contact your co-op advisor. 

The Ontario Occupational Health and Safety Act (OHSA)

The OHSA provides a legal framework to protect workers in Ontario from health and safety hazards on the job. The OHSA:

  • Sets out duties for all workplace parties and rights for workers to help establish a strong internal responsibility system (IRS) in the workplace

  • Establishes measures and procedures for dealing with workplace hazards

  • Provides enforcement of the law where compliance has not been achieved voluntarily

The Accessibility for Ontarians with Disabilities Act (AODA)

The AODA is designed to reduce and remove barriers for people with disabilities to access goods, services, facilities, accommodation, employment, buildings, structures and premises. It requires public and private organizations to create and follow plans to improve accessibility in areas like customer service and communication under the principles of dignity, independence, integration and equal opportunity.

Ontario Employment Equity Act

According to the Ontario Employment Equity Act:

  • All people are entitled to equal treatment in employment in accordance with the Ontario Human Rights Code (OHRC).

  • Indigenous people, people with disabilities, members of racialized groups and women are entitled to be considered for employment, hired, retained, treated and promoted in accordance with employment equity principles.

The following principles of employment equity apply throughout Ontario and are applied to each Indigenous person, person with a disability, member of a racialized group and woman:

  • Members of these groups are entitled to be considered for employment, hired, retained, treated and promoted free of barriers, including systemic and deliberate practices and policies, which discriminate against them.

  • Every employer’s workforce (in all occupational categories and at all employment levels) will reflect the representation of members of these groups.

  • Every employer will ensure its policies and practices with respect to recruitment, hiring, retention, treatment and promotion are free of barriers, both systemic and deliberate, that are discriminatory.

  • Every employer will implement positive and supportive measures regarding recruitment, hiring, retention, treatment and promotion for members of these groups.

 

 

Employees don’t have a general right to work remotely (from home). Your employer may have a remote work policy, or you may reach an agreement on a remote work plan with your employer. Sometimes, remote work may be arranged due to an employee’s workplace accommodation request. 

Generally, if you’ve requested to work remotely, you’re expected to provide your own equipment. If your employer is requiring you to work remotely, they’re expected to provide appropriate equipment to allow you to complete your job responsibilities. 

Remote work resources: 

 

If you’re a new or current Waterloo student, or you’re an alumnus and it’s been eight months or less after your last term, you have access to the Immigration Consulting services and resources through the Student Success Office (SSO). Immigration consultants can provide information about various immigration topics, including working in Canada.

Immigration, Refugees and Citizenship Canada provides information on a variety of topics related to studying and working in Canada as an international student. These include working on and off campus, working in Canada after graduation and helping your spouse or common-law partner work in Canada.

If you’re interested in working in Ontario permanently, the Ontario Immigrant Nominee Program (OINP) has more information.

  1. Next: Physical, emotional and psychological safety in the workplace