Legislation
Canada’s human rights framework of common law and legislation seeks to preserve the inherent dignity of all people by making it unlawful to discriminate against anyone due to any protected characteristic of their identity.
In Canada, there are two types of laws: common law and legislation. Common law (used everywhere except Quebec which uses civil law) are rules established by decisions of judges in individual court cases. Legislation (also called statutes) are laws written by one of the three levels of government, municipal, provincial, and federal. This includes the federal Canadian Charter of Rights and Freedoms (“the Charter”) and Canadian Human Rights Act, as well as each province or territory’s individual human rights legislation.
There are both provincial and federal human rights legislation because of the division of powers under the Canadian Constitution, which divides responsibility for certain areas to provincial governments and others to the federal government. Only complaints involving federally regulated workplaces and organizations – such as transportation, telecommunications, and banking - will be under the jurisdiction of the Canadian Human Rights Act. Provincial or territorial human rights legislation are applied to municipal jurisdictions.
There are also international agreements and laws that deal with human rights such as the Universal Declaration of Human Rights and the Geneva Convention, as well as international conventions and treaties to which Canada is signatory.
Most human rights complaints will be under the jurisdiction (power and responsibility) of provincial/territorial human rights legislation. In Nova Scotia this is the Nova Scotia Human Rights Act (“the Act”).
The Nova Scotia Human Rights Act
The Act became law in 1963 and has had several amendments since to expand human rights protection. The Act is administered by the Nova Scotia Human Rights Commission (“the Commission”) which has jurisdiction to deal with complaints of discrimination that occur within provincially regulated sectors.
Quasi-Constitutional
The Act is considered "quasi-Constitutional" legislation. While not part of the Constitution, it holds a special status, taking precedence over other provincial laws unless specifically overridden. Interpreted with a constitutional lens, the Act plays a key role in protecting and promoting equality and human rights in the province.
Below, you’ll find links to some other key provincial, federal, and international laws and conventions that contribute to the protection and promotion of human rights in Nova Scotia and across Canada.
Other Nova Scotian Legislation
- Board of Inquiry Regulations
- Accessibility Act
- Dismantling Racism and Hate Act
- Multiculturalism Act
- Blind Persons’ Rights Act
- Service Dog Act
- Pay Equity Act
- Advisory Council on the Status of Women Act
- United Nations Declaration on the Rights of Indigenous Peoples Commitment Act
- Children and Family Services Act
- Designation of Human Rights Protection at Donkin Undersea Coal Mines Regulations
- Public Inquiries Act
Canadian Legislation
Federal laws like the Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Accessible Canada Act apply to federally regulated sectors (e.g., banks, airlines, telecommunications). The Charter applies broadly to all government actions. However, most day-to-day matters, including education, health care, and employment, fall under provincial jurisdiction.
- Canadian Charter of Rights and Freedoms
- Canadian Human Rights Act
- Accessible Canada Act
- Employment Equity Act
- Pay Equity Act
- Geneva Conventions Act
- Declaration on the Rights of Indigenous People Act
The Charter and the Act
Canada’s Charter of Rights and Freedoms and Nova Scotia’s Human Rights Act both protect human rights in the province - but differently. The Charter, part of the Constitution, applies only to government actions and is enforced through the courts. The Act, a provincial law, applies to both public and private sectors in Nova Scotia and is enforced by the Commission. Together, they provide complementary protections: the Charter offers constitutional oversight, while the Act delivers practical, local safeguards.
Human Rights in Action
Human rights law forms the foundation for inclusive, accessible, and equitable communities and workplaces. But these protections must be reinforced by policies, education and awareness.
Whether you are an employer developing inclusive policies or hiring through designated positions, a service provider ensuring accessibility, or an individual advocating for your rights, understanding our legal rights and responsibilities is essential.
Equity, diversity, inclusion, and accessibility (EDIA) initiatives are practical and effective tools to support awareness and compliance with legal human rights obligations, helping organizations identify, prevent, and address discrimination. These initiatives translate legal principles into everyday policies and practices, fostering respectful, inclusive environments. By aligning workplace culture and institutional frameworks with human rights laws, EDIA initiatives empower individuals and organizations to understand their rights and responsibilities, strengthening accountability and advancing systemic change.
International Treaties and Conventions
United Nations (“UN”) conventions do not have direct legal force in Canada unless implemented through domestic legislation. While Canada may – and does - sign and ratify UN treaties, they must be adopted by Parliament or provincial legislatures to become legally binding within the country. However, Canadian courts may interpret domestic laws in a manner consistent with ratified conventions, influencing legal decisions and policy development.
- Geneva Conventions
- Universal Declaration of Human Rights
- International Convention on the Elimination of All Forms of Racial Discrimination (accession by Canada in 1970)
- International Covenant on Civil and Political Rights (accession by Canada in 1976)
- International Covenant on Economic, Social and Cultural Rights (ratified by Canada in 1976)
- Convention on the Elimination of All Forms of Discrimination against Women (ratified by Canada in 1981)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified by Canada in 1987)
- Convention on the Rights of the Child (ratified by Canada in 1991)
- Convention on the Rights of Persons with Disabilities (ratified by Canada in 2010)
- Declaration on the Rights of Indigenous People
- The Durban Declaration