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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| 21 | Repealed | |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 | |