Workplace accommodation standards in Québec have undergone a significant transformation. With the passing of Bill 9 on April 2, 2026, employers must now operate under a fundamentally different, and more employer-friendly, framework for handling religious accommodation requests.
This legislative change marks one of the most notable departures from long-standing Canadian human rights principles in recent years.
What Is Bill 9?
Bill 9, An Act respecting the reinforcement of laicity in Québec, was passed by the National Assembly of Quebec.
The law introduces a new legal standard that directly impacts how employers assess and respond to religious accommodation requests in the workplace.
A Lower Threshold: From “Undue Hardship” to “More Than Minimal Hardship”
For decades, employers across Canada have been required to accommodate employees’ religious practices up to the point of “undue hardship.”
What “Undue Hardship” Meant:
- Significant financial cost
- Serious operational disruption
- Health and safety risks
This was a high threshold, making it difficult for employers to deny accommodation requests.
What Has Changed in Québec?
Under Bill 9, employers in Quebec can now refuse a religious accommodation request if it creates “more than minimal hardship.”
This Means:
Employers may deny requests that result in:
- Moderate operational disruption
- Increased costs (even if not substantial)
- Impacts on team efficiency
- Conflicts with the rights of other employees
- Health and safety concerns
This represents a dramatic lowering of the legal bar, giving employers significantly more discretion.
New Criteria for Religious Absence Requests
Bill 9 also introduces structured criteria to guide decision-making, particularly for religious leave or scheduling requests.
Employers Can Now Evaluate Based On:
- Frequency of the requested absence
- Duration of each absence
- Size of the team and available coverage
- Impact on work performance
- Fairness to other employees
These factors provide clearer justification when approving or denying requests, helping employers make more consistent and defensible decisions.
The Notwithstanding Clause: Limiting Legal Challenges
A notable and controversial aspect of Bill 9 is the use of the Notwithstanding Clause.
By invoking this clause, Québec has shielded the legislation from certain constitutional challenges under:
- The Canadian Charter of Rights and Freedoms
- The Québec Charter of Human Rights and Freedoms
This move reinforces the province’s authority to enforce the new standard, even if it conflicts with broader rights protections.
Why This Matters for Employers
This change significantly alters risk exposure and decision-making for Québec employers.
Key Impacts:
- Greater flexibility in denying accommodation requests
- Reduced legal burden compared to the “undue hardship” standard
- Increased need for consistent, well-documented decisions
However, with increased discretion comes increased scrutiny, particularly around fairness and consistency.
Employer Checklist: How to Stay Compliant
If you operate in Québec, immediate action is essential:
1. Update Accommodation Policies
Reflect the new “more than minimal hardship” standard clearly
2. Train Managers & HR Teams
Ensure decision-makers understand:
- The new threshold
- The evaluation criteria for religious absences
3. Standardize Decision-Making
Create internal guidelines to ensure:
- Consistency across departments
- Reduced risk of complaints or disputes
4. Document Everything
Keep clear records of:
- Requests received
- Analysis conducted
- Reasons for approval or denial
Final Takeaway
Québec’s Bill 9 represents a significant shift away from traditional accommodation standards in Canada.
While it provides employers with more flexibility, it also demands careful implementation. The organizations that adapt quickly, e.g., by updating policies, training leaders, and documenting decisions, will be best positioned to navigate this new legal landscape with confidence.
