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The Human Rights Code

C.C.S.M. c. H175

The Human Rights Code

1 Definitions
PART I
COMMISSION AND ADJUDICATION PANEL
2(1) Human Rights Commission
(2) Membership and appointment
(3) Chairperson
(4) Other members
(5) Termination for cause
(6) Vice chairperson
(7) Vacancies
(8) Transitional
3 Quorum
3.1 Practice and procedure
4 Responsibilities of Commission
5 Guidelines
6(1) Responsible to minister
(2) Annual report
7(1) Executive director
(2) Responsibilities of executive director
8(1) Adjudication panel
(1.1) Chief adjudicator
(2) Commission members ineligible
(3) Length of appointment
(3.1) Appointment continues
(4) Termination for cause
(5) Oath of impartiality
PART II
PROHIBITED CONDUCT AND SPECIAL PROGRAMS
9(1) "Discrimination" defined
(1.1) Interpretation
(2) Applicable characteristics
(2.1) Discrimination on basis of social disadvantage
(3) Systemic discrimination
(4) Criminal conduct excluded
(5) No condoning or condemning of beliefs, etc.
10 Acts of officers and employees
11 Affirmative action, etc. permitted
12 Reasonable accommodation required
13(1) Discrimination in service, accommodation, etc.
(2) Exception for age of majority
14(1) Discrimination in employment
(2) "Any aspect", etc. defined
(3) Employment advertising
(4) Pre-employment inquiries
(5) Discrimination by employment agencies, etc.
(6) Discrimination by organizations, etc.
(7) Employee benefits
(8) Personal services in private residence
(9) "Personal services" defined
(10) Exception for age of majority
(11) Promotion of beliefs, etc.
(12) No reduction of wages, etc.
(13) "Employment or occupation" defined
15(1) Discrimination in contracts
(2) Life insurance, etc., contracts
16(1) Discrimination in rental of premises
(2) Exception for private residence, etc.
17 Discrimination in purchase of real property
18 Discriminatory signs and statements
19(1) Harassment
(2) "Harassment" defined
20 Reprisals
PART III
COMPLIANCE PROCEDURES
21 Repealed
22(1) Complaints
(2) Consent of alleged victim
(3) Complaint by Commission or executive director
(4) Complaint form
23(1) Time limit for filing
(2) Extension for filing
(3) Time limit for serving
24 Amendment of complaint
24.1(1) Commission may explore settlement of complaint
(2) Termination of proceedings on settlement
(3) Non-compliance with settlement
(4) Failure to accept reasonable settlement offer
24.2 Resolution before complaint filed
25 Reply to complaint
26 Investigation of complaint
27(1) Access to premises and documents
(2) Authority for access
(3) Where order may be issued
(4) Assistance of peace officers
(5) Copies as evidence
(6) Allegedly privileged material
(7) Sealing of document
28 Representations re investigation
28.1(1) Panel may consider complaint
(2) Chairperson on panel
(3) Jurisdiction of panel
29(1) Dismissal of complaint
(2) Repealed
(3) Adjudication or prosecution
(3.1) Complaints may be combined
(4) Termination of proceedings
30 Notification of disposition
31 Repealed
32(1) Designation of adjudicator
(1.1) Decision on combined hearing
(2) Designation on rota basis
(3) Prohibition on designation
33 Complaint and reply to adjudicator
34 Parties to adjudication
35 Notice, etc. to parties
36(1) Public notice
(2) Parties to be named
37 General powers of adjudicator
37.1(1) Adjudicator to determine reasonableness of offer
(2) Failure to accept reasonable settlement offer
38(1) Order to produce documents
(2) Objection to production
39(1) Prompt hearing
(2) General procedures at hearing
(3) Public hearing
(4) Participation of parties
(5) Recording of proceedings
(6) Interpreter
(7) Witness fees
40 Amending complaint or reply
41(1) Notice re delay
(2) Response to delay
(3) Replacement of adjudicator
(4) Section 32 applies
(5) New hearing
(6) Delivery of recordings, etc.
(7) Jurisdiction retained
(8) Minister may act if delay by chief adjudicator
42 Jurisdiction re decisions
43(1) Determination re contravention
(1.1) Discrimination on multiple characteristics
(2) Remedial order
(3) Maximum exemplary damages
(4) Repealed
(5) Consent order
44 No expulsion of incumbents
45(1) Costs
(2) Order for costs
46(1) Decisions, etc. in writing
(2) Decisions available to public
(3) Adjudicator may direct deletion of information
(4) Delivery of material from hearing to Commission
47(1) Supervision of special program
(2) Assistance by Commission
48(1) Enforcement of order
(2) Where order under review
(3) Application for compliance order
49 Finality of adjudication
50(1) Application for judicial review
(2) Time limit
(3) Service of application
(4) Delivery of record
(5) Powers of court
51(1) Prosecution
(2) Remedial order
(3) Consent to prosecution
(4) Time limit for prosecution
(5) Extension for judicial review
52(1) Onus of proof
(2) Onus to prove bias or stereotype re social disadvantage discrimination
53 Status of unions, etc.
PART IV
SPECIAL REMEDIES
54(1) Application for court order
(2) Where order may be issued
55 Injunction
56(1) Contract compliance
(2) Discretion to repudiate
PART V
GENERAL
57 Code binding on Crown
58 Paramountcy of Code
59(1) Confidentiality of information
(2) Other information
(3) Disclosure by adjudicator
60 Agreements re investigations, etc.
61 Technical defects
62 Protection from liability
63(1) Regulations by Lieutenant Governor in Council
(2) Repealed
63.1 Forms
64(1) Repeal of Human Rights Act
(2) References in other Acts
65 Reference in Continuing Consolidation
66 Commencement