This enactment amends the Canadian Human Rights Act to add conscientious belief and medical history to the list of prohibited grounds of discrimination. It also amends that Act to provide that discrimination against an individual who, due to their medical history, is denied access to transportation services, is not to be considered reasonable for the purposes of the Act unless it is established that accommodating the individual would impose undue hardship on the service provider, considering health, safety and cost.

In addition, the enactment amends the Canada Labour Code to prohibit an employer from taking reprisals against an employee because of certain decisions the employee has made in relation to their health. Furthermore, it requires an employer to accommodate such an employee if certain conditions are met.

Finally, the enactment amends the Employment Insurance Act to provide that a claimant is not to be disqualified or disentitled from receiving benefits if they lost their employment for the sole reason that they made certain decisions in relation to their health.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Purpose

2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, Insertion start conscientious belief Insertion end , age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, Insertion start medical history Insertion end or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Prohibited grounds of discrimination

3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, Insertion start conscientious belief Insertion end , age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, Insertion start medical history Insertion end and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Accommodation — transportation

(2.‍1) With regard to an individual who, due to their medical history, is denied access to transportation services or is a victim of adverse differentiation in relation to those services, the manner in which they are discriminated against is to be considered reasonable for the purposes of paragraph (1)‍(e) only if it is established that accommodating the individual would impose undue hardship on the service provider, considering health, safety and cost.

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  (b.‍1) has made certain decisions in relation to their health, including in respect of vaccines; or

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Non-application

(2) Paragraph (1)‍(b.‍1) does not apply in respect of an employee whom the employer has accommodated or offered to accommodate under section 147.‍01.

Duty to accommodate

147.‍01 (1) An employer must accommodate an employee who has made certain decisions in relation to their health by allowing them to work from their ordinary place of residence or, if the employee’s functions require them to be physically present at their ordinary work place, by making any necessary adjustments, provided that the accommodation

• (a) does not prevent the employee from performing the functions of the position they occupy;

• (b) is for reasons related to the decisions in question;

• (c) does not endanger the health and safety of any other employee; and

• (d) does not impose undue hardship on the employer.

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Accommodation for unvaccinated employees

(2) In the case of an employee who is required as a term or condition of their employment to be vaccinated against the coronavirus disease 2019 (COVID-19) but who has made the decision not to be vaccinated, the employer, in considering their request for accommodation, must take into account medical evidence provided by the employee of their protection against COVID-19 as a result of prior infection if the prescribed conditions and criteria are met.

Regulations

(3) The Minister, in consultation with the Minister of Health, may make regulations for the purposes of subsection (2).‍

Exception — health-related decisions

35.‍1 Despite anything in this Part, no claimant is disqualified or disentitled under sections 30 to 33 from receiving benefits if they lost their employment for the sole reason that they made certain decisions in relation to their health.‍