How to File a Human Rights Complaint in Canada: Provincial a...

If you've experienced discrimination or harassment in Canada, you have legal rights to seek justice through a formal human rights complaint. Whether you're dealing with workplace discrimination, housing issues, or unfair treatment based on protected grounds, understanding how to file a complaint—and knowing whether to go through federal or provincial channels—is your first step toward resolution. This guide walks you through the process, timelines, and resources available to Canadians.

Understanding Canada's Human Rights System

Canada has a dual human rights system: federal and provincial/territorial. Which one you use depends on where the discrimination occurred and which organization was involved.

Federal complaints fall under the Canadian Human Rights Act and are handled by the Canadian Human Rights Commission (CHRC). These apply to federally regulated employers, banks, airlines, telecommunications companies, and other organizations under federal jurisdiction.

Provincial complaints fall under provincial human rights codes and are handled by provincial human rights commissions or tribunals. For example, Ontario has the Ontario Human Rights Tribunal, while other provinces have their own bodies.

Protected Grounds of Discrimination in Canada

Before filing a complaint, your situation must involve one of the 11 protected grounds under the Canadian Human Rights Act:

Race or colour
National or ethnic origin
Sex
Religion
Age
Sexual orientation
Disability
Marital status
Family status
Conviction of which a pardon has been granted
Gender identity or expression

Your complaint must show that discrimination occurred because of one of these grounds, and that it negatively impacted your life.

Key Requirements for a Valid Complaint

To file a valid human rights complaint in Canada, your situation must meet specific criteria:

A protected ground of discrimination — the unfair treatment must be based on one of the 11 grounds listed above
A discriminatory practice — the organization must have taken an action that violated your rights (such as refusing employment, denying service, or harassment)
A federally regulated organization — for federal complaints, the respondent must fall under federal jurisdiction
Documented negative impact — you must explain how the discrimination affected you

Not all unfair situations qualify as discrimination. For example, if you were treated poorly but not because of a protected ground, a human rights complaint may not be the right remedy.

Timeline: The 12-Month Deadline

This is critical: you must file your complaint within 12 months of the incident. This deadline applies whether you're filing with the federal CHRC or a provincial body. The Commission can make exceptions in certain circumstances, but it's best to file as soon as possible.

If you've also filed a complaint through another process (such as a union grievance or internal workplace procedure), the 12-month timeline still applies to the human rights complaint.

How to File a Federal Human Rights Complaint

Step 1: Determine If You're Eligible

Before filing, complete a brief eligibility questionnaire at the CHRC's website. This helps determine whether the CHRC has jurisdiction over your complaint or whether you should file with a provincial body instead.

Step 2: File Your Complaint Online (Recommended)

The fastest way to file is through the CHRC's online e-service. Once you've confirmed eligibility, you'll be directed to the online complaint form. You don't need a lawyer, and there's no fee to file.

If you prefer, you can also contact the CHRC directly:

Phone: 1-888-214-1090
Website: CHRC Filing Page

Step 3: Provide Complete Details in Your Complaint

Your complaint form must include:

Your name and contact information
The name and address of the person or organization that discriminated against you (the respondent)
The names of any victims if you're filing on behalf of others (with their consent)
The protected ground(s) of discrimination involved
The discriminatory practice(s) that occurred
When and where the discrimination happened
How it negatively impacted your life

Provide as much detail as possible. This is often your only opportunity to fully explain your experience before the investigation begins.

Step 4: What Happens After You File

Once the CHRC accepts your complaint, they will:

Notify the respondent and ask them to provide a response
Conduct an initial assessment to determine next steps
Attempt early resolution or mediation if appropriate
Refer the case to a tribunal for a full hearing if necessary

Note: The CHRC is currently experiencing high complaint volumes and cannot guarantee specific processing times, though they prioritize ongoing or severe discrimination cases.

Filing a Provincial Human Rights Complaint

If the discrimination occurred at a provincially regulated organization (most private employers, landlords, service providers), you'll file with your provincial human rights commission or tribunal instead.

Each province has slightly different processes and timelines, but the general steps are similar:

Contact your provincial human rights body
Complete an intake questionnaire or initial complaint
File your formal complaint within the required timeframe (typically 12 months)
Participate in investigation, mediation, or tribunal hearing as needed

Examples of provincial bodies include Ontario Human Rights Tribunal, Alberta Human Rights Commission, and British Columbia Human Rights Tribunal.

The Complaint Resolution Process

Whether federal or provincial, human rights complaints typically move through these stages:

Screening and Assessment

The Commission reviews your complaint to ensure it meets the legal requirements and falls within their jurisdiction.

Early Resolution or Mediation

The Commission may attempt to resolve the matter through early resolution or preventive mediation, where both parties work toward a settlement.

Investigation

If early resolution fails, the Commission investigates your complaint, gathering evidence from both you and the respondent.

Conciliation

The Commission may try to conciliate (negotiate a settlement). Any agreed settlement is submitted to commissioners for approval and is enforceable through Federal Court.

Tribunal Hearing

If the complaint isn't resolved, it may be referred to a tribunal for a public hearing where both sides present evidence and arguments.

Important Things to Know

You don't need a lawyer. Many Canadians file complaints without legal representation. However, if you choose to hire a lawyer, you'll pay for it yourself.

Filing is free. There's no fee to file a human rights complaint with the CHRC or provincial bodies.

You can file on behalf of others. If someone else has experienced discrimination and gives you written consent, you can file a complaint on their behalf.

The process is impartial. The CHRC and provincial bodies don't take your side or the respondent's—they investigate independently.

You must be in Canada to file. Only people physically in Canada can legally file a complaint.

Frequently Asked Questions

What if I'm a federally regulated employee? Do I need to exhaust internal grievance processes first?

No. If you work for a federally regulated employer (like a bank or airline), you can file directly with the CHRC without going through internal grievance or harassment processes first. You can also transfer an existing complaint to the CHRC if you've already started an internal process.

How long does the complaint process take?

Processing times vary significantly. The CHRC currently cannot guarantee specific timelines due to high complaint volumes, though they prioritize cases involving ongoing or severe discrimination. Provincial timelines also vary by jurisdiction.

What happens if my complaint is rejected?

If the CHRC determines your complaint doesn't meet the legal criteria under the Canadian Human Rights Act, they'll explain why and may redirect you to another body better suited to help (such as a provincial human rights commission, union grievance process, or labour standards office).

Can I file a complaint if the discrimination happened more than a year ago?

Generally, no—the 12-month deadline is strict. However, the Commission can make exceptions in certain circumstances. If you're past the deadline, contact the CHRC to discuss your situation.

What should I do if I'm being discriminated against right now?

File your complaint as soon as possible. Document everything—dates, times, what happened, who was involved, and any witnesses. Keep copies of relevant emails, messages, or documents. If you're in immediate danger or facing harassment, also contact local police or your employer's safety officer.

Do I need to know the respondent's exact legal name and address?

You need enough information to identify the organization clearly. If you're unsure of the exact legal name, the CHRC can help you identify the correct respondent during the intake process.

Resources and Next Steps

Ready to file? Here's what to do:

Determine your jurisdiction: Is the discrimination at a federally regulated organization or a provincial one? Use the CHRC eligibility tool to confirm.
Gather your information: Collect dates, details, witnesses, and any documentation of the discrimination.
File online: Use the CHRC's e-service (fastest option) or contact them at 1-888-214-1090.
Follow up: Keep records of your complaint number and stay in touch with the investigating officer.
Consider support: Organizations like CHRC and provincial human rights bodies can guide you through the process.

Filing a human rights complaint can feel daunting, but you're not alone. Canada's human rights system exists to protect you and ensure fair treatment. Whether you've experienced workplace discrimination, housing bias, or unfair service based on a protected ground, taking action is your right. Start by determining whether you fall under federal or provincial jurisdiction, gather your details, and file within the 12-month window. The process is free, and you don't need a lawyer. Your experience matters, and the system is designed to investigate and resolve it fairly.

How to File a Human Rights Complaint in Canada: Provincial and Federal