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2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 212

THE HUMAN RIGHTS CODE AMENDMENT ACT (BULLYING)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H175 amended

1           The Human Rights Code is amended by this Act.

2           Section 1 is amended by adding the following definition:

"bullying" means bullying as defined in section 19.1; (« intimidation »)

3           The following is added after section 19:

Bullying

19.1(1)     No person shall participate in bullying, whether or not the bullying relates to a characteristic referred to in subsection 9(2).

Interpretation: "bullying"

19.1(2)     In this section, "bullying" is behaviour that

(a) is intended to cause, or should be known to cause, fear, intimidation, humiliation, distress or other forms of harm to another person's body, feelings, self-esteem, reputation or property; or

(b) is intended to create, or should be known to create, a negative environment for another person.

Characteristics and forms

19.1(3)     Bullying

(a) characteristically takes place in a context of a real or perceived power imbalance between the people involved and is typically, but need not be, repeated behaviour;

(b) may be direct or indirect; and

(c) may take place

(i) by any form of expression, including written, verbal or physical, or

(ii) by means of any form of electronic communication — also referred to as cyberbullying — including social media, text messaging, instant messaging, websites or e-mail.

When does a person participate in bullying?

19.1(4)     A person participates in bullying if he or she directly carries out the bullying behaviour or intentionally assists or encourages the bullying behaviour in any way.

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Human Rights Code by establishing a prohibition against participating in bullying. The Bill defines bullying broadly, and recognizes that bullying can take a variety of forms, including cyberbullying.