Legal reference

Provincial Human Rights Codes — Quick Reference

Every province and territory in Canada has its own human rights legislation requiring employers to accommodate employees with disabilities, including cancer. This reference summarizes the key law in each jurisdiction.

Your rights exist in every province

While the Canadian Human Rights Act covers federally regulated employers — such as banks, airlines, and telecommunications companies — most employees in Canada are covered by their province or territory's human rights legislation. The duty to accommodate applies in all jurisdictions.

Although the specific language and processes differ, every code shares a core principle: employers must accommodate employees with disabilities, including serious illness such as cancer, to the point of undue hardship. This reference is a starting point — always consult the legislation or a legal professional for advice specific to your situation.

Federal jurisdiction — Canadian Human Rights Act

If you work for a federally regulated employer (banks, airlines, telecommunications, federal Crown corporations, interprovincial transportation), the Canadian Human Rights Act applies to you. The Act prohibits discrimination on the basis of disability and requires accommodation to the point of undue hardship.

View the Canadian Human Rights Act

Provincial and territorial legislation

Ontario

Human Rights Code, R.S.O. 1990, c. H.19

Ontario's Human Rights Code prohibits discrimination on the basis of disability in employment. Employers have a duty to accommodate to the point of undue hardship, considering cost, outside sources of funding, and health and safety. The Human Rights Tribunal of Ontario hears complaints.

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British Columbia

Human Rights Code, R.S.B.C. 1996, c. 210

BC's Human Rights Code prohibits discrimination based on physical or mental disability. Employers must accommodate to the point of undue hardship. The BC Human Rights Tribunal adjudicates complaints and can order remedies including compensation and policy changes.

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Alberta

Alberta Human Rights Act, R.S.A. 2000, c. A-25.5

Alberta's Human Rights Act protects employees from discrimination based on physical disability and mental disability. The duty to accommodate requires employers to make reasonable efforts to adjust working conditions, short of undue hardship. The Alberta Human Rights Commission handles complaints.

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Quebec

Charter of Human Rights and Freedoms, CQLR c. C-12

Quebec's Charter of Human Rights and Freedoms prohibits discrimination based on handicap, which includes serious illness. The duty to accommodate is recognized through case law. The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) investigates complaints.

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Manitoba

The Human Rights Code, C.C.S.M. c. H175

Manitoba's Human Rights Code prohibits discrimination based on physical or mental disability. Employers must accommodate to the point of undue hardship. The Manitoba Human Rights Commission investigates and conciliates complaints, with adjudication by the Human Rights Adjudication Panel.

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Saskatchewan

The Saskatchewan Human Rights Code, 2018, SS 2018, c S-24.2

Saskatchewan's Human Rights Code prohibits discrimination based on disability in employment. The duty to accommodate requires employers to adjust working conditions to the point of undue hardship. The Saskatchewan Human Rights Commission handles complaints.

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Nova Scotia

Human Rights Act, R.S.N.S. 1989, c. 214

Nova Scotia's Human Rights Act prohibits discrimination based on physical and mental disability. Employers have a duty to accommodate to the point of undue hardship. The Nova Scotia Human Rights Commission investigates complaints and facilitates resolution.

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New Brunswick

Human Rights Act, SNB 2011, c 171

New Brunswick's Human Rights Act prohibits discrimination based on physical or mental disability. The duty to accommodate applies to the point of undue hardship. The New Brunswick Human Rights Commission investigates and resolves complaints.

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Newfoundland and Labrador

Human Rights Act, 2010, SNL 2010, c H-13.1

Newfoundland and Labrador's Human Rights Act prohibits discrimination based on physical and mental disability. Employers must accommodate to the point of undue hardship. The Newfoundland and Labrador Human Rights Commission handles complaints.

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Prince Edward Island

Human Rights Act, RSPEI 1988, c H-12

PEI's Human Rights Act prohibits discrimination based on physical or mental disability. The duty to accommodate applies to the point of undue hardship. The PEI Human Rights Commission investigates complaints and facilitates resolution.

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Yukon

Human Rights Act, RSY 2002, c 116

Yukon's Human Rights Act prohibits discrimination based on physical and mental disability. Employers must accommodate to the point of undue hardship. The Yukon Human Rights Commission investigates complaints.

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Northwest Territories & Nunavut

Human Rights Act, SNWT 2002, c 18

The Northwest Territories Human Rights Act (which also applies in Nunavut) prohibits discrimination based on physical and mental disability. The duty to accommodate applies to the point of undue hardship. The NWT Human Rights Commission handles complaints.

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Key terms explained

Duty to accommodate

The legal obligation on employers to adjust working conditions, duties, or environment to allow an employee with a disability to continue working, unless doing so would cause undue hardship.

Undue hardship

The threshold at which an employer is no longer required to accommodate. Factors typically include financial cost, health and safety risks, and operational disruption. The bar is high — inconvenience or minor cost does not constitute undue hardship.

Disability

All human rights codes define disability broadly. Cancer — including its treatment effects such as fatigue, cognitive changes, and reduced physical capacity — is recognized as a disability under every Canadian jurisdiction.

Functional limitations

The specific ways your illness or treatment affects your ability to perform your job. You are generally not required to disclose your diagnosis — only the functional limitations relevant to your accommodation request.

Need help understanding your rights?

Our workplace accommodations guide walks you through how to request an accommodation, what to expect from your employer, and what to do if your request is denied.