Filing Your Complaint

When to File a Complaint

A complaint under provincial jurisdiction:

To file a formal complaint of discrimination, the complaint must be filed within 6 months of the incident. All complaints must be filed with the BC Human Rights Tribunal.

The Tribunal has authority to extend this time limit in certain circumstances and considers whether pursuing such a complaint is in the public interest, and whether or not any of the parties would be substanially prejudiced. See the Tribunal's Guide 2: Making a Complaint for more information.

A complaint under federal jurisdiction:

To file a formal complaint of discrimination, the complaint must be filed within 12 months of the incident. All formal complaints must be filed with the Canadian Human Rights Commission.

The Commission has the ability to extend this time limit in certain circumstances and considers the following factors: the reason for the delay and its length, whether the delay has made it difficult for the respondent to mount and present a defence, and whether pursuing the complaint would raise public policy issues.

Is my complaint covered under the federal or the provincial law? Click Here

Who May File a Complaint:

A complaint under provincial jurisdiction:

Any individual who believes they have been subject to some form of discriminatory conduct as covered by the BC Human Rights Code may file a formal human rights complaint. Individuals may also authorize someone else to file a complaint on their behalf.

When discrimination happens to a child, or to someone who does not have sufficient mental or physical capacity, a parent or a legal guardian may file a complaint on their behalf. The Tribunal will want to be assured that the person you are filing on behalf of, wishes to proceed with the complaint.

Group or Class Actions. The Code allows an individual or group to file a complaint on behalf of others if they have the permission of the others, or if the Tribunal believes the complaint is in the interest of a class or group of persons.

See the Tribunal's guide "How to File a Complaint" and their information sheet "What is a Representative Complaint" for further details.

A complaint under federal jurisdiction:

Any individual or group of individuals who believe that a person has engaged in a discriminatory practice as covered by the Canadian Human Rights Act may file a formal human rights complaint.

See the publications of the Canadian Human Rights Commission for further detail.

Is my complaint covered under the federal or the provincial law? Click Here

How to File a Complaint:

A complaint under provincial jurisdiction:

The BC Human Rights Tribunal has a formal complaint form that should be used. Once complete, you must file this form with the Tribunal and can do so by mail, fax or email (as long as you follow this up with a signed version of the complaint).

To obtain a complaint form, contact the Tribunal directly or visit their website for an online version. You can also visit any local Government Agent office across the province which has online access to all forms and user guides. Government Agent staff can also assist you in completing and filing the required forms.

A complaint under federal jurisdiction: