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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| 21 | Repealed |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 |