Yes. In Canada, drug addiction (substance use disorder) is legally recognized as a disability. Employees dealing with addiction are protected under human rights law, which means employers must provide accommodation, support, and fair treatment — not punishment.

Here’s what Canadians need to know about their workplace rights, employer obligations, testing rules, and what to do if they’re disciplined or fired because of addiction.

Is Drug Addiction Considered a Disability in Canada?

Yes. Both federal and provincial human rights laws recognize drug addiction as a mental health disability.

This means employers must:

  • Avoid discrimination
  • Provide accommodation
  • Keep medical information confidentia
  • Treat addiction as a health issue, not a misconduct issue

Employees can’t be punished for having the disability itself.

🔎 To understand how substance-related issues are handled at work, see our full guide to drug and alcohol policies in Canadian workplaces.

What Workplace Rights Do Employees With Addiction Have?

1. The Right to Accommodation

Employers must explore meaningful accommodation, which may include:

  • Medical leave for treatment
  • Time off for detox, counselling, or rehabilitation
  • Modified duties or schedules
  • Temporary reassignment
  • Gradual return-to-work plans
  • Supportive monitoring programs

Employers must accommodate up to undue hardship, which is a high legal standard.

🔎 Learn more about the duty to accommodate at the national level, or review province-specific rules for Ontario, Alberta, and BC.

2. Protection From Discrimination

Employers can’t legally:

  • Fire an employee because they have an addiction
  • Punish them for seeking treatment
  • Deny them opportunities or promotions
  • Refuse accommodation without justification
  • Create a hostile or unsafe environment

Discrimination based on addiction is illegal.

3. Protection From Unfair Testing or Invasive Policies

Drug testing policies must be:

  • Safety-focused
  • Reasonable and justified
  • Not overly intrusive
  • Consistent
  • Respectful of privacy and human rights
⚠️ Employers can’t use testing to “catch” employees with a disability.

Can You Be Fired for Being Addicted to Drugs in Canada?

No — not for the addiction itself.

Termination is only possibly lawful if:

  • The employee refuses accommodation
  • They do not participate in reasonable treatment
  • The addiction can’t be accommodated without major safety risks
  • Misconduct unrelated to addiction occurs
⚠️ But firing someone solely because they have a drug addiction is discrimination and often a wrongful dismissal.

Can You Be Fired for Using Drugs at Work?

Sometimes — but context matters.

Discipline may be justified if:

  • The role is safety-sensitive
  • Someone was impaired at wor
  • Policies were clearly communicated
  • Safety risks were serious

However:

If the incident is related to addiction, employers must accommodate first — not fire first.

⚠️ Firing without offering support or medical leave often violates human rights law.

How Drug Addiction Affects Workplace Drug Testing

Drug testing must be:

  • Reasonable
  • Necessary for safety
  • Tied to clear evidence
  • Compliant with privacy laws
  • Sensitive to disability rights

Employers can’t:

  • Automatically test employees with addiction
  • Test unrelated to job duties
  • Apply random testing without a safety justification
  • Discipline solely based on test results

Testing rules differ by province.

🔎 For province-specific rules, see our guides on drug and alcohol testing in Ontario, Alberta, and BC.

Does Drug Addiction Qualify for Long-Term Disability (LTD) Benefits?

Yes. Substance use disorder can qualify for:

Insurers often challenge or deny these claims based on:

  • Alleged “non-compliance”
  • Gaps in treatment
  • Lack of medical documentation
  • Claims that addiction is “behavioural” rather than medical

Many of these denials are wrongful. Addiction is a recognized medical condition and must be properly evaluated like any other disability.

💡 Employees denied LTD in Canada for addiction often have strong grounds to appeal the decision with legal support.

How Should You Disclose a Drug Addiction to Your Employer?

Disclosure can help secure accommodation — especially if work performance is affected.

Employees can disclose through:

  • HR
  • A supervisor
  • A doctor’s note
  • An EAP program
  • A medical professional’s report

Employers must keep this information private.

What Should You Do If You’re Disciplined or Fired Because of Drug Use or Addiction?

If your employer is demanding testing, disciplining you, or threatening termination because of drug use or addiction, speak with an employment lawyer as soon as possible.

You may be facing:

A lawyer can tell you exactly what your rights are — and what to do next.

Get Help If You’re Facing Discipline or Termination

If addiction is affecting your job or your employer is taking action against you, you have strong legal protections.

Our team at Samfiru Tumarkin LLP can explain your rights, ensure accommodation is offered, and tell you whether you’re owed significant compensation.
  • Thousands of 5-star Google reviews
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📞 Call 1-855-821-5900 or contact us online for confidential advice.

⚠️ Unionized? Only your union can represent you. By law, employment lawyers can’t represent unionized employees.

Need Help With a Drug or Addiction Issue at Work?

If your employer is testing, disciplining, or threatening to fire you because of addiction or substance use, our employment lawyers can explain your rights and next steps.

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