You have the right to access services free from discrimination. You should not experience harm connected to a part of your identity protected by the Code because of the actions or rules of a service provider. Any policies or practices that a service provider has must be free of discrimination.

Policies and practices may include things that are formally written down but also include the way things are done, such as:

• policies or rules about who can access the service, including policies about things like animals, clothing and security
• rules about how people access the service, including accessibility for people with disabilities
• failure to provide training to staff and/or enforce existing policies that address discrimination
• policies and procedures for handling complaints, including complaints about discrimination

Exemptions

There are some situations when the Code permits service providers to make distinctions based on characteristics otherwise protected in the Code. These include:

• life or health insurance companies may make distinctions on the basis of sex, age or physical or mental disability to determine health or life insurance premiums or benefits
• service providers may make age-based distinctions when providing services, when another law permits those distinctions. For example, a pub refusing to sell alcohol to a customer who is under the age of 19
• non-profit service providers are permitted to give preference to groups on the basis of an identity protected by the Code, if the non-profit organization’s primary purpose is to serve that group. For example, it is not a breach of the Code if a non-profit organization created to serve people with brain injuries only provides services to people with brain injuries.

Read an example!

If you experience discrimination when accessing a service available to the public, you have the right to have the discrimination stop. Service providers are responsible for taking steps to stop the discrimination. These steps may include:

• providing a way for you to report discrimination.
• making sure it’s safe to report discrimination and that there will be no retaliation against you for reporting.
• investigating your report of discrimination.
• taking steps to stop the discrimination against you.

You can read more about the responsibilities of service providers under the Code.

Read an example!

You have the right to ask for an accommodation when accessing a service. An accommodation makes sure there are no unreasonable barriers based on a part of your identity protected by the Code when accessing or trying to access a service.

A barrier is something that prevents a person from fully taking part in a service customarily provided to the public. There are many types of barriers—some examples include physical structures and equipment or discriminatory attitudes, policies or practices.

Examples of accommodations include:

• providing a gender-neutral bathroom for students, patients or customers.
• waiving a no-animal rule for people with a disability who require a guide dog or service animal.
• waiving a dress code policy for a person wearing religious dress.
• providing an alternative means of accessing or using the service. For example, providing an extension to the timeline for program completion for a graduate student with care giving responsibilities due to family status.

Service providers are responsible for taking requests for accommodation seriously and responding promptly. You must cooperate with the service provider to find a reasonable accommodation. This includes the following:

Sharing information about your needs: You only need to share as much information as necessary for the service provider to understand the limitations and restrictions you are experiencing when accessing or trying to access their service. The service provider must keep this information confidential.

Accepting reasonable options: The accommodation the service provider offers might not be perfect from your perspective, but you are responsible for accepting accommodation options that are reasonable.

Letting the service provider know if the accommodation is not working: Your accommodation needs may change over time as your personal circumstances change or if there are changes in the service being provided, such as renovations to the building or a change in a service’s policies.

The service provider is only required to accommodate you up to the point of undue hardship. You can learn more about service providers’ duty to accommodate and undue hardship under the Code.

Read an example!

Discrimination happens more often than we like to think. Here are some places to learn more about discrimination in accessing services in B.C.:

• The BC Human Rights Tribunal writes about discrimination regarding services and human rights complaints.
• People’s Law School writes about discrimination in accessing services in British Columbia.

Respecting and upholding human rights helps to create experiences that are positive and respectful for everyone. If your rights have not been respected when accessing or trying to access a service.

Ask yourself

• Who can I talk to about my experience?
  Sharing with friends, family or others who care about you can help.
• What supports do I have to help me take care of myself?
  Think about supports and services, routines and habits that help you look after your physical and mental health.

If you have experienced discrimination when accessing or trying to access a service, you can tell the person who is responsible for providing that service about what is happening. You can ask them to stop the discrimination.

You can also make a complaint to B.C.’s Human Rights Tribunal.

The service provider would usually be named as the respondent to the complaint. You may also name another person if they were responsible for some part of the discrimination, such as:

• a person hired by the service provider such as an employee or volunteer
• a person or business who exercises authority or control over access or use of the space such as a building manager or security guard
• another person who is accessing the service. Examples can include another patient, customer, student, client or guest

B.C.’s Human Rights Code protects you from discrimination based on certain parts of your identity. This includes things like your age, your race, your gender identity or expression and your family status. Read the complete list.

You are also protected by the Code if you are perceived to have an identity protected by the Code.

For example: a child is refused access to a community soccer team because the coach thinks that they are transgender. The child is experiencing harm related to gender identity, which is a characteristic protected under the Code. Even if the child is not transgender, they have still experienced harm based on this characteristic.

Here are some examples of harms you might experience:

• a teacher at your school makes negative comments about your hijab every time you pass her in the hall. You become scared to run into her and try to arrange your trips between classes so that you won’t see her.
• your doctor’s office building is slow to repair the elevator when it’s not working. You can’t use the stairs due to your chronic respiratory illness and so you are not able to get to your doctor’s office while the elevator is being fixed.
• you are harassed by other members of your community baseball league who make racist comments about you being Black. When you ask them to stop, they say you make a big deal out of everything and shouldn’t be so angry all the time.
• the security guards at the mall near your house always follow you and your son when you go shopping there. You notice the guards follow shoppers who are Indigenous more often than shoppers who aren’t Indigenous.

You do not have to prove that the service provider intended to harm you. You must only prove that you experienced harm.

Here are some ways you can prove the harm was connected to a part of your identity.

1. Comments were made by the service provider that make the connection clear.
   Read an example
2. The service provider made a rule that harmed you because of your identity.
   Read an example
3. The service provider could have accommodated you without experiencing undue hardship but did not.
   Read an example

• learn about our upcoming workshops and events, make a request for us to join your event and check out our other resources on our website.

• the BC Human Rights Clinic offers information and training for those with responsibilities under the Code, such as service providers.

• The BC Human Rights Tribunal website offers information, resources and examples to help understand and navigate the process of responding to a complaint.
• The Law Centre offers help understanding the Human Rights Tribunal process, preparing initial responses, mediation options and legal representation. Applicants for this service must demonstrate financial need.
• consult a lawyer with experience in human rights law. A lawyer can provide legal advice specific to the details of your complaint and represent you in the human rights process.

• the People’s Law School of BC provides online information about legal responsibilities and resolutions to common issues.
• The BC Human Rights Clinic offers information and training for groups with human rights responsibilities like service providers.
• check out local resources available in your community.

No, private services are not covered under the Code. However, services that are “customarily available to the public” are covered under the Code and are part of a very broad category. Services covered under the Code include education services, health services, professional services, government services, recreational programs, transportation services, police, courthouse services and provincial correctional services.

If you aren’t sure if a service is public or private, consider consulting a lawyer.

Under B.C.’s Human Rights Code, both stratas and housing cooperatives are considered services. That means that they are covered by section 8 of the Code.

If you would like to learn more about rights and responsibilities under the Code for housing other than stratas and housing cooperatives, visit our website.

You have the right to access services customarily available to the public free from discrimination. Service providers are responsible under B.C.’s Human Rights Code to make sure that you can access their service free from discrimination. This includes addressing discrimination you may face from others accessing the service. This can include other students, patients, incarcerated people, transit users or customers.