Human rights law in Canada operates on a fundamental premise that distinguishes it from many other areas of legal regulation: it binds not only governments and large institutions but reaches directly into the operations of small businesses, non-profit organizations, professional practices, and individual landlords. Understanding who is bound by human rights obligations is essential for anyone operating in the Canadian marketplace, whether they employ one person or one hundred, whether they serve customers from a storefront or provide housing to tenants. The obligations created by human rights legislation are not limited to organizations of a certain size or sophistication. They apply broadly across the economy and society, capturing virtually every person or entity that employs workers, provides services to the public, or offers housing for rent.
The legal foundation for these obligations rests in the human rights statutes enacted by each provincial and territorial legislature, as well as the Canadian Human Rights Act at the federal level. In British Columbia, the Human Rights Code governs these matters, while in Alberta the Alberta Human Rights Act serves the same function. Saskatchewan operates under The Saskatchewan Human Rights Code, Ontario under the Human Rights Code, and Quebec under the Charter of Human Rights and Freedoms, which forms part of that province's quasi-constitutional framework. Each of these statutes, as of the date of authorship, creates binding obligations on persons and organizations operating within the jurisdiction. The federal Canadian Human Rights Act applies to federally regulated industries including banking, telecommunications, interprovincial transportation, and federal government operations. For the vast majority of Canadian small and medium-sized businesses, sole proprietorships, and non-profit organizations, provincial or territorial human rights legislation governs their obligations.