C.C.S.M. c. H175
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| 1 |
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Definitions |
| 2 |
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Human Rights Commission |
|
(2) |
Membership and appointment |
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(3) |
Chairperson |
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(4) |
Other members |
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(5) |
Termination for cause |
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(6) |
Vice chairperson |
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(7) |
Vacancies |
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(8) |
Transitional |
| 3 |
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Quorum |
| 3.1 |
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Practice and procedure |
| 4 |
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Responsibilities of Commission |
| 5 |
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Guidelines |
| 6 |
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Responsible to minister |
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(2) |
Annual report |
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(3) |
Tabling report in Assembly |
| 7 |
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Executive director |
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(2) |
Responsibilities of executive director |
|
(3) |
Delegation by executive director |
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(4) |
Executive director may still exercise power |
| 8 |
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Adjudication panel |
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(1.1) |
Chief adjudicator |
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(2) |
Commission members ineligible |
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(3) |
Length of appointment |
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(3.1) |
Appointment continues |
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(4) |
Termination for cause |
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(5) |
Oath of impartiality |
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(6) |
Procedural rules |
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(7) |
Rules for exploring settlement before hearing |
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(8) |
Rules made available to the public |
| 9 |
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"Discrimination" defined |
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(1.1) |
Interpretation |
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(2) |
Applicable characteristics |
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(2.1) |
Discrimination on basis of social disadvantage |
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(3) |
Systemic discrimination |
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(4) |
Criminal conduct excluded |
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(5) |
No condoning or condemning of beliefs, etc. |
| 10 |
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Acts of officers and employees |
| 11 |
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Affirmative action, etc. permitted |
| 12 |
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Reasonable accommodation required |
| 13 |
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Discrimination in service, accommodation, etc. |
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(2) |
Exception for age of majority |
| 14 |
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Discrimination in employment |
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(2) |
"Any aspect", etc. defined |
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(3) |
Employment advertising |
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(4) |
Pre-employment inquiries |
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(5) |
Discrimination by employment agencies, etc. |
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(6) |
Discrimination by organizations, etc. |
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(7) |
Employee benefits |
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(8) |
Personal services in private residence |
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(9) |
"Personal services" defined |
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(10) |
Exception for age of majority |
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(11) |
Promotion of beliefs, etc. |
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(12) |
No reduction of wages, etc. |
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(13) |
"Employment or occupation" defined |
| 15 |
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Discrimination in contracts |
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(2) |
Life insurance, etc., contracts |
| 16 |
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Discrimination in rental of premises |
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(2) |
Exception for private residence, etc. |
| 17 |
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Discrimination in purchase of real property |
| 18 |
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Discriminatory signs and statements |
| 19 |
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Harassment |
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(2) |
"Harassment" defined |
| 20 |
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Reprisals |
| 22 |
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Complaints |
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(2) |
Consent of alleged victim |
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(3) |
Complaint by Commission or executive director |
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(4) |
Complaint form |
| 23 |
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Time limit for filing |
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(2) |
Extension for filing |
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(3) |
Time limit for serving |
| 24 |
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Amendment of complaint |
| 24.1 |
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Executive director may explore settlement of complaint |
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(2) |
Termination of proceedings on settlement |
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(3) |
Non-compliance with settlement |
| 24.2 |
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Resolution before complaint filed |
| 24.3 |
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Executive director to determine reasonableness of offer |
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(2) |
Settlement offer not accepted |
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(3) |
Offer must remain open |
| 25 |
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Reply to complaint |
| 26 |
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Investigation of complaint |
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(2) |
Dismissal of complaint without investigation |
| 27 |
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Access to premises and documents |
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(2) |
Authority for access |
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(3) |
Where order may be issued |
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(4) |
Assistance of peace officers |
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(5) |
Copies as evidence |
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(6) |
Allegedly privileged material |
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(7) |
Sealing of document |
| 28 |
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Representations re investigation |
| 29 |
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Dismissal of complaint after investigation |
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(2) |
Adjudication or prosecution |
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(3) |
Termination of proceedings |
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(4) |
Complaints may be combined |
| 30 |
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Notification of disposition |
| 30.1 |
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Application for review by Commission |
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(2) |
Application requirements |
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(3) |
Application given to respondent |
| 30.2 |
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Commission to sit in panels |
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(2) |
Chairperson on panel |
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(3) |
Jurisdiction of panel |
| 30.3 |
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Decision |
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(2) |
Decision after further investigation |
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(3) |
Decision based on written record |
| 30.4 |
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Notification of disposition |
| 32 |
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Designation of adjudicator |
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(1.1) |
Decision on combined hearing |
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(3) |
Prohibition on designation |
| 33 |
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Complaint and reply to adjudicator |
| 33.1 |
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Hearing date |
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(2) |
Time period for commencing hearing |
| 34 |
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Parties to adjudication |
| 34.1 |
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Designating adjudicator to explore settlement |
|
(2) |
Adjudicator to determine reasonableness of offer |
|
(3) |
Settlement offer not accepted |
|
(4) |
Offer must remain open |
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(5) |
Termination of proceedings on settlement |
| 35 |
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Notice, etc. to parties |
| 36 |
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Public notice |
|
(2) |
Parties to be named |
| 37 |
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General powers of adjudicator |
| 38 |
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Order to produce documents |
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(2) |
Objection to production |
| 39 |
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Prompt hearing |
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(2) |
General procedures at hearing |
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(3) |
Public hearing |
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(4) |
Participation of parties |
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(5) |
Recording of proceedings |
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(6) |
Interpreter |
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(7) |
Witness fees |
| 40 |
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Amending complaint or reply |
| 41 |
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Time limit for making decision |
|
(2) |
Extension |
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(3) |
Replacement of adjudicator |
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(4) |
Section 32 applies |
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(5) |
New hearing |
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(6) |
Delivery of recordings, etc. |
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(6.1) |
New hearing completed |
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(7) |
Jurisdiction retained |
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(8) |
Minister may act if delay by chief adjudicator |
| 42 |
|
Jurisdiction re decisions |
| 43 |
|
Determination re contravention |
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(1.1) |
Discrimination on multiple characteristics |
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(2) |
Remedial order |
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(2.1) |
Maximum damages for injury |
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(3) |
Maximum exemplary damages |
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(5) |
Consent order |
| 44 |
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No expulsion of incumbents |
| 45 |
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Costs |
|
(2) |
Order for costs |
| 46 |
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Decisions, etc. in writing |
|
(1.1) |
Oral decision |
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(1.2) |
Date of decision |
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(2) |
Decisions available to public |
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(3) |
Adjudicator may direct deletion of information |
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(4) |
Delivery of material from hearing to Commission |
| 47 |
|
Supervision of special program |
|
(2) |
Assistance by Commission |
| 48 |
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Enforcement of order |
|
(2) |
Where order under review |
|
(3) |
Application for compliance order |
| 49 |
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Finality of adjudication |
| 50 |
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Application for judicial review |
|
(2) |
Time limit |
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(3) |
Service of application |
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(4) |
Delivery of record |
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(5) |
Powers of court |
| 51 |
|
Prosecution |
|
(2) |
Remedial order |
|
(3) |
Consent to prosecution |
|
(4) |
Time limit for prosecution |
|
(5) |
Extension for judicial review |
| 52 |
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Onus of proof |
|
(2) |
Onus to prove bias or stereotype re social disadvantage discrimination |
| 53 |
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Status of unions, etc. |
| 54 |
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Application for court order |
|
(2) |
Where order may be issued |
| 55 |
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Injunction |
| 56 |
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Contract compliance |
|
(2) |
Discretion to repudiate |
| 57 |
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Code binding on Crown |
| 58 |
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Paramountcy of Code |
| 59 |
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Confidentiality of information |
|
(2) |
Other information |
|
(3) |
Disclosure by adjudicator |
| 60 |
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Agreements re investigations, etc. |
| 61 |
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Technical defects |
| 62 |
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Protection from liability |
| 63 |
|
Regulations by Lieutenant Governor in Council |
| 63.1 |
|
Forms |
| 64 |
|
Repeal of Human Rights Act |
|
(2) |
References in other Acts |
| 65 |
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Reference in Continuing Consolidation |
| 66 |
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Commencement |
