All employees in Canada have the right to work in a safe environment. Each jurisdiction applies the Occupational Health and Safety Act (or equivalent), which is based on an internal responsibility system (IRS).
This system requires that everyone in a workspace is responsible for their own safety and that of those around them. That includes employers, workers, owners, contractors, sub-contractors, contracting employers, and suppliers.
There is no single nationwide Occupational Health and Safety Act, but pioneering versions emerged in different provinces in the 1970s.
The Three Fundamental Rights of Workers in Canada
While labour-related matters tend to be complex, the Occupational Health and Safety Act (or its provincial equivalent) is straightforward. It gives all workers the right to know about health and workplace hazards, the right to participate in decisions that can affect them, and the right to refuse work that might impact their health and safety, as well as that of their colleagues. Let's get into the details of these three fundamental rights.
Right to Know
The right to know helps the workers from the very beginning. It ensures they receive information from employers about workplace hazards. That usually comes with instructions and training before the work begins.
The information employers provide can range from product labels and safe work procedures to in-person or online job training.
Employers are also required to ensure that communication is adequate and accessible, adapting it to workers' needs through documentation in several languages, Braille, or sign language.
WHIMS (Workplace Hazardous Materials Information System) is the national standard for communicating information on hazardous materials used in workplaces. Employers need to provide workers with labels on containers, access to safety data sheets (SDS), and training on hazards.
The main elements are supplier labels, workplace labels, SDSs detailing health, flammability, reactivity risks, and safe handling.
Right to Participate
The right to participate empowers workers by enabling them to provide input on how employers handle workplace health and safety. Canadian workers can:
🧑🏼⚕️ Engage in the health and safety committee
🩺 Be a health and safety representative
🤕 Report any concerns and irregularities they may find
⚠️ Make suggestions to improve the safety measures for them and their colleagues
Right to Refuse Unsafe Work
If at any point the worker is concerned about safety hazards, they have the right to refuse work. It usually follows the failure of the rights to know and to participate. These are the steps to follow in the work refusal process:
Legal Framework Governing Workers' Rights
Understanding workers' rights in Canada requires navigating both federal and provincial levels of legislation, each with its own scope and standards.
Federal and Provincial Jurisdictions
In Federal States, legislative powers are distributed among several orders of government. In Canada, there are two levels of government: the federal government and the provincial governments.
The powers of Parliament (Constitution Acts, 1867 to 1982) concern matters of national interest and the powers of Provincial legislatures (Constitution Acts, 1867 to 1982) concern matters of a local nature.
🇨🇦 Parliament of Canada
- Public Debt and Property
- Regulation of Trade/Commerce
- Direct/Indirect Taxation
- Postal Service
- Census/Statistics
- Defence
- Weights and Measures
- Bankruptcy
- Citizenship
- Marriage/Divorce
- Banking /Incorporation of Banks/Paper Money
- Penitentiaries
🔎 Provincial legislatures
- Direct Taxation within the Province
- Prisons
- Hospitals
- Property and Civil Rights
- Administration of Civil/Criminal Justice
- Education
About 90% of Canadian workers are covered by provincial or territorial labour laws.
Around 10% of workers are covered by the Canada Labour Code (federal law).
The Canada Labour Code
The Canada Labour Code (enacted in 1967) is structured into four main parts, but the first three form its core framework.
Federal workers in Canada have 10 public holidays a year, as set out in the Canada Labour Code. As for wages, 2024 data show that roughly 16% of Canadian employees are at or near the minimum wage threshold.
8 hours per day, 40 per week, max of 48 hours
Overtime is paid at 1.5 times the regular rate
Two weeks of paid vacation (4% pay), plus 10 paid general holidays
Provincial Employment Standards
In Canada, provinces decide on their own employment standards. It applies to wages, working hours, and other employment conditions. For example, you can note discrepancies in the minimum wage between provinces. British Columbia will set the minimum wage at $18.25 per hour as of June 1, 2026, while Ontario will set it at $17.95 per hour on October 1, 2026.
Health and Safety Regulations
In Canada, keeping workers safe is a shared responsibility and one of the most regulated areas of workers' rights, backed by law at every level of government. Here's what the regulations look like in practice, and what each party is expected to do.
Occupational Health and Safety Acts
Canada's 14 jurisdictions each enforce unique OHS Acts or equivalents, such as Ontario's 1978 OHSA (enacted in 1979), which establishes the "internal responsibility system," where employers, supervisors, and workers share proactive safety duties.
British Columbia's Workers Compensation Act and Quebec's Act Respecting Occupational Health and Safety, also enacted in 1979, are two other essential Acts regarding workers' rights.
In 2021, Quebec underwent a major reform of the LSST, extending prevention to all sectors, including previously excluded areas like offices.
Employer Responsibilities
In Canada, employers have to ensure the safety and health of their employees. Their core duties are training new hires on potential workplace hazards, forming joint health and safety committees for workplaces with 20+ employees, supplying and maintaining PPE (personal protective equipment), and conducting risk assessments. In the event of non-compliance with legal measures, fines can reach up to $2M.
Worker Responsibilities
On the other hand, workers have responsibilities too. Use the personal protective equipment (PPE) as instructed, report hazards immediately, and follow safe procedures at all times.
Workers can also be proactive and participate in workplace safety (by using their "Right to participate"). Employees also have the right to refuse work if they consider the activity or the workplace unsafe, with the "right to refuse".
Employment Equity and Human Rights
In Canada, workers' rights extend beyond physical safety. The law goes further, protecting employees from discrimination, guaranteeing equal opportunities at work, and ensuring respect for their rights at all times, even when resigning from their jobs.
Two federal laws frame this area: the Canadian Human Rights Act (1977) and the Employment Equity Act (1986), both enforced by the Canadian Human Rights Commission.
The Canadian Human Rights Act
Enacted in 1977, the Canadian Human Rights Act is a federal law that primarily applies to federally regulated workplaces and services, such as banks, telecommunications companies, airlines, and the federal government itself. It aims to promote equality among individuals across all areas of their lives, including employment.
The Canadian Human Rights Act is still expanding to include protections that were not in the original 1977 version; a few additions to the original version include:
1985
Strengthened protections
For physical disabilities, sexual harassment provisions, and maternity leave rights
1996
Protection against discrimination based on sexual orientation
2017
Gender identity or expression
Added as a prohibited ground of discrimination
According to the 2023 Annual Report of the Canadian Human Rights Tribunal, race, national or ethnic origin, or colour was cited in 48% of new complaints, and disability was cited in 39% of new complaints.
The Employment Equity Act
The Employment Equity Act was first enacted in 1986. Its core purpose is to achieve workplace equality for four designated groups: women, Indigenous peoples, persons with disabilities, and racialized people. The Canadian Human Rights Commission monitors compliance.
Rights of Temporary Foreign Workers
Temporary foreign workers are important for the Canadian economy, and they're entitled to the same protections as any other worker. Here's what the law says, and where the gaps still exist.
Equal Treatment
Temporary foreign workers are individuals with temporary work visas. Common temporary work visa streams include the Temporary Foreign Worker Program (TFWP), the International Mobility Program (IMP), and the Seasonal Agricultural Worker Program (SAWP).
They all have different employer obligations and worker protections. Nevertheless, they enjoy full parity with Canadian citizens and permanent residents under federal and provincial labour laws, including the Canada Labour Code (Part III). This applies to wages and hours, safety and health, overtime, and holidays.
Employment Agreements
When it comes to temporary foreign workers, employers must take several measures to ensure they're treated fairly. For example, they must provide signed contracts pre-arrival and take into account the right to refuse unsafe work. It's worth noting that employers cannot seize passports or work permits, force workers to do tasks they weren't hired for, or deport them.
temporary foreign worker permits were issued.
Despite these measures, foreign workers are often vulnerable, especially when having a sole employer. In case of abuse, they'll hesitate to report out of financial fear or fear of deportation.
Recourse and Enforcement
Knowing your rights is one thing. Being able to act on them is another. Here's how workers can report violations and who's there to support them.
Filing Complaints
Even with parity guaranteed by the laws, temporary foreign workers are prone to abuse. If they note illegal activity, behaviour, workers can report problems like unpaid wages or unsafe jobs by calling a free 24/7 government hotline (1-866-602-9448), using an online form, or visiting a Service Canada office. The service is anonymous.
These tips can lead to employers being penalized or being banned from hiring foreign workers. Workers can verify on their site, whether their potential employer has an ongoing non-compliance issue and see the reasons.
Role of Unions
Canada has a history of strong unions specialized in advocating for workers' rights. From collective bargaining to supporting members in disputes with employers, unions have played an essential role throughout the centuries.
1872
The Trade Unions Act makes unions legal
1883
Trades and Labour Congress becomes Canada’s first National Labour Group
1919
Winnipeg General Strike
30,000 workers demanded fair pay and hours
1944
The PC 1003 order
To give federal workers collective bargaining rights
1972
Saskatchewan passed the first Occupational Health Act
Giving the right to refuse unsafe work
Emerging Issues in Workers' Rights
Labour laws don't exist by themselves; they evolve with the world of work. From remote work to gig economy jobs, here are the issues currently reshaping workers' rights in Canada.
Remote Work and Telework
COVID marked a drastic shift in remote work and telework, and the legislation had to be adjusted accordingly to protect all workers in Canada. In 2023, Canada's federal Canada Labour Code added the "right to disconnect" to address post-COVID remote work challenges, allowing workers to ignore work emails and calls outside normal hours to prevent burnout.
Only Ontario has legislated it since June 2, 2022, under the Employment Standards Act, requiring employers with 25+ staff to create (but not enforce) a written policy on after-hours communication, without granting employees an actual enforceable right to unplug.
Gig Economy and Non-Standard Employment
What is the gig economy? The gig economy refers to short-term or task-based jobs, such as gig deliveries or freelance work. These missions don't guarantee long-term work and are rather unstable.
Statistics Canada data from late 2022 shows that approximately 871,000 Canadians (15-69) had gig work as their main job (624,000 self-employed, 247,000 employees), plus 1.5 million did it at some point in the prior year.
Implications for Workers
Gig workers often miss social protections because they're classified as self-employed and don't receive employer contributions. Dependent self-employment highlights vulnerability: economic reliance without business freedom, fueling calls for reclassification amid Canada's evolving labour laws.
References
- Health and Safety Legislation in Canada - Three Rights of Workers (28-08-2025). Available at: https://www.ccohs.ca/oshanswers/legisl/legislation/three_rights.html (Accessed: May 2026).
- WHMIS. (30-04-2026). Available at: https://www.ccohs.ca/oshanswers/chemicals/whmis_ghs (Accessed: May 2026)
- The constitutional distribution of legislative powers. (10 -05 - 2021) https://www.canada.ca/en/intergovernmental-affairs/services/federation/distribution-legislative-powers.html (Accessed: May 2026).
- Employment standards. (No date) https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards (23-03-2026). (Accessed: May 2026).
- Canadian Human Rights Tribunal: Annual Report 2023. (No date) https://www.chrt-tcdp.gc.ca/en/about-us/publications/annual-report-2023 (Accessed: May 2026).
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