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The Human Rights Act
This is an unofficial archived version of The Human Rights Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. H175

The Human Rights Act

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

Definitions.

1

In this Act

"blind person" means a person who

(a) is registered as a blind person with The Canadian National Institute for the Blind, a corporation continued under the Canada Business Corporations Act, or

(b) is in receipt of an allowance on account of blindness under the Blind Persons Act (Canada), or

(c) having been in receipt of an allowance on account of blindness under the Act mentioned in clause (b), is in receipt of a pension under the Old Age Security Act (Canada) and is still blind within the meaning of the Act mentioned in clause (b) and regulations made thereunder; ("aveugle")

"commercial unit" means any building, or other structure or part thereof that is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property, or any space that is used or occupied or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office or meeting room in any building or other structure or in a part thereof; ("établissement commercial")

"commission" means the Manitoba Human Rights Commission; ("Commission")

"dog guide" means a dog which serves as a dog guide or leader for a blind person and has been especially trained for the purpose; ("chien guide")

"employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees; ("association d'employeurs")

"employment agency" includes a person who undertakes with or without compensation to procure employees and a person who undertakes with or without compensation to procure employment for persons; ("agence de placement")

"family status" for the purpose of this Act includes the status of an unmarried person or parent, a widow or widower or that of a person who is divorced or separated or the status of the children, dependants, or members of the family of a person; ("statut familial")

"housing accommodation" means any place of dwelling, except a place of dwelling that is part of a building in which the owner or his family or both, reside where the occupants of the place of dwelling are required to share

(a) a bathroom or kitchen facility, or

(b) a common entrance, except in a duplex, apartment building or condominium,

with the owner of the dwelling or his family or both; ("logement")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"national origin" includes the national origin of an ancestor; ("origine nationale")

"occupational association" means any organization, other than a trade union or employers' organization, in which membership is a prerequisite or from which licensing or certification is necessary, to carrying on a trade, occupation or profession; ("association professionnelle")

"person" includes an employment agency, and employers' organization, a trade union, an occupational association, and a class of persons; ("personne")

"physical or mental handicap" means a disability, infirmity, malformation or disfigurement whether of a physical or mental nature that is caused by injury, birth defect or illness and includes but is not limited to epilepsy, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a dog guide, wheelchair or other remedial appliance or device; ("déficience physique ou mentale" )

"trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers; ("syndicat ouvrier")

"wages" includes pay, salary, remuneration, lost benefits, out-of-pocket expenses and interest thereon; ("salaires")

"white cane" means a cane or walking stick all of which or the major portion of which is white. ("canne blanche")

PART I

PROHIBITED DISCRIMINATORY PRACTICES

Discrimination prohibited in notices, signs, etc.

2(1)

No person shall

(a) publish, display, transmit or broadcast, or cause to be published, displayed, transmitted or broadcast; or

(b) permit to be published, displayed, broadcast or transmitted to the public, on lands or premises, in a newspaper, through television or radio or telephone, or by means of any other medium which he owns or controls;

any notice, sign, symbol, emblem or other representation

(c) indicating discrimination or intention to discriminate against a person; or

(d) exposing or tending to expose a person to hatred;

because of the race, nationality, religion, colour, sex, marital status, physical or mental handicap, age, source of income, family status, ethnic or national origin of that person.

Exception as to matters of opinion.

2(2)

Nothing in subsection (1) shall be deemed to interfere with the free expression of opinion upon any subject.

Exception.

2(3)

Subsection (1) does not apply to the display of a notice, sign, symbol, emblem or other representation displayed to identify facilities customarily used by one sex.

Discrimination prohibited in accommodation, service, etc.

3(1)

No person shall

(a) deny to any person or class of persons any accommodation, service, facility, goods, right, licence or privilege available to the public or to a section of the public; or

(b) discriminate against any person or class of persons with respect to any accommodation, service, facility, goods, right, licence or privilege available to the public or to a section of the public;

unless reasonable cause exists for the denial or discrimination.

Things that do not constitute reasonable cause.

3(2)

For the purposes of subsection (1), the race, nationality, religion, colour, sex, age, marital status, family status, physical or mental handicap, or ethnic or national origin of a person does not constitute reasonable cause unless the commission is satisfied after considering the facts of the particular situation that a denial or discrimination on such grounds is justified in that particular situation.

Definition.

3(3)

For the purposes of subsection (1), the expression "accommodation, service, facility, goods, right, licence or privilege available to the public or to a section of the public" includes, without restricting the generality of that expression, any benefit provided and any activity or undertaking carried out, by Her Majesty in the right of Manitoba, the Government of Manitoba, any municipal corporation or educational institution in Manitoba, any board or commission created by or subject in this regard to the laws of Manitoba, or by any of their agents or servants.

Exception for person under the age of majority.

3(4)

Nothing in subsection (1) prevents the denial or refusal of any accommodation, service, facility, goods, right, licence or privilege to a person who has not attained the age of majority if the denial or refusal is in accordance with any law or regulation in force in Manitoba.

Occupancy of commercial unit, etc.

4(1)

No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall

(a) deny to any person or any member of his family, the right to occupancy of any commercial unit or any housing accommodation; or

(b) discriminate against any person or any member of his family with respect to any term or condition of occupancy of any commercial unit or housing accommodation;

unless reasonable cause exists for the denial or discrimination.

Things that do not constitute reasonable cause.

4(2)

For the purposes of subsection (1), the race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, family status, ethnic or national origin, or the source of income of a person does not constitute reasonable cause.

Accommodation may be restricted on basis of sex.

4(3)

Notwithstanding subsections (1) and (2), occupancy of all the housing accommodation in a building, except that of the owner or his family, may be restricted to individuals of the same sex.

Preference for elderly persons.

4(4)

Nothing in subsection (1) prevents a person from giving preference to elderly persons for housing accommodation in any building that is designed or used primarily for elderly persons.

Discrimination prohibited in the purchase of property.

5

No person shall

(a) deny to any person the opportunity to purchase any commercial unit or housing accommodation that is advertised or in any way represented as being available for sale; or

(b) deny to any person the opportunity to purchase or otherwise acquire land or an interest in land that is advertised or in any way represented as being available for sale; or

(c) discriminate against any person with respect to any term or condition of the purchase or other acquisition of any commercial unit, housing accommodation, land or interest in land that is advertised or in any way represented as being available for sale;

because of the race, nationality, religion, colour, sex, age, marital status, family status, physical or mental handicap, ethnic or national origin of that person.

Discrimination prohibited in employment or training for employment.

6(1)

Every person has the right of equality of opportunity based upon bona fide qualifications in respect of his occupation or employment, or in respect of training for employment, or in respect of an intended occupation, employment, advancement or promotion, and in respect of his membership or intended membership in a trade union, employers' organization or occupational association; and, without limiting the generality of the foregoing

(a) no employer or person acting on behalf of an employer, shall refuse to employ, or to continue to employ, or to train the person for employment, or to advance or promote that person, or discriminate against that person in respect of employment or any term or condition of employment;

(b) no employment agency shall refuse to refer a person for employment or for training for employment; and

(c) no trade union, employers' organization or occupational association shall refuse membership to, expel, suspend or otherwise discriminate against that person; or negotiate, on behalf of that person, an agreement that would discriminate against him;

because of the race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, or political beliefs or family status of that person.

Discrimination prohibited in advertising.

6(2)

No employer shall publish, display, circulate or broadcast or cause or permit to be published, displayed, circulated or broadcast, any words, symbol or other representation that indicate directly or indirectly that race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, or political belief or family status is or may be a limitation, specification or preference for a position of employment.

Discrimination prohibited in advertising on behalf of an employer.

6(3)

No person shall publish, display, circulate or broadcast or cause or permit to be published, displayed, circulated or broadcast any advertisement for a position of employment for or on behalf of an employer

(a) that contains any words, symbol, or other representation; or

(b) that is under a classification or heading;

indicating directly or indirectly that race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, or political belief or family status is or may be a limitation, specification or preference for the position of employment.

Pre-employment inquiries.

6(4)

No person shall use or circulate any form of application for employment or make any written or oral inquiry that expresses either directly or indirectly any limitation, specification or preference as to race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, or political belief or family status of any person or that requires an applicant for employment to furnish any information concerning those particulars.

Employment agencies.

6(5)

No employment agency shall discriminate against any person because of race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, or political belief or family status in receiving, classifying, disposing of or otherwise acting upon applications for its service or in referring an applicant for employment to an employer or anyone acting on behalf of the employer.

Exception.

6(6)

The provisions of this section relating to any discrimination, limitation, specification or preference for a position or employment based on sex, age, marital status, family status, physical or mental handicap, or political belief, do not apply, where

(a) sex, age, marital status, family status, or political belief, is a reasonable occupational qualification; or

(b) physical or mental handicap is a reasonable disqualification.

Exception.

6(7)

The provisions of this section relating to a limitation or preference in employment do not apply to an exclusively religious, philanthropic, educational, fraternal or social organization that is not operated for private profit and is operated primarily to foster the welfare of a group or class of persons characterized by a common race, nationality, religion, colour, sex, age, marital status, family status, physical or mental handicap, ethnic or national origin, where, in any such case, one or more of the above enumerated criteria is a bona fide occupational qualification and requirement.

Exception for persons under the age of majority.

6(8)

Nothing in this section prevents a person from limiting the employment of a person under the age of majority or from classifying or referring to a person under the age of majority for employment in accordance with the provisions of any provincial law regulating the employment of persons under the age of majority.

Exception for physical or mental handicap.

6(9)

The provisions of this section prohibiting the discrimination against a person for a position or employment by reason of the physical or mental handicap of the person do not apply where the nature and extent of the handicap reasonably precludes or renders the person incapable of satisfactorily discharging the duties of that position.

Handicapped persons with training and experience.

6(10)

Notwithstanding subsection (9), no person shall refuse to employ a person who is physically or mentally handicapped, if the person has adequate training and experience and is qualified and capable to carry out the duties and functions of the position.

Discrimination prohibited in contracts.

7(1)

No person shall, in making available to any person, a contract that is offered to the public generally,

(a) discriminate against any person; or

(b) include terms or conditions in any such contract that discriminate against a person;

on the basis of race, nationality, religion, colour, sex, age, marital status, family status, physical or mental handicap, ethnic or national origin of that person.

Exception.

7(2)

No provision of section 6 or subsection (1) shall prohibit a distinction on the basis of age, sex, family status, physical or mental handicap or marital status

(a) of any employee benefit plan or in any contract which provides an employee benefit plan, if the commission is satisfied on the basis of the guidelines set out in the regulations that the distinction is not discriminatory or that the employee benefit can be provided only if the distinction is permitted; or

(b) in any contract which provides life insurance, accident and sickness insurance or a life annuity to a specified person where the contract is not part of an employee benefit plan, if the commission is satisfied on the basis of guidelines set out in the regulations that the distinction is not discriminatory or that the insurance or annuity can be provided only if the distinction is permitted.

Subject to Pension Benefits Act.

7(3)

Subsection (2) is subject to subsection 21(18) of The Pension Benefits Act.

Automobile insurance contracts not affected.

7(4)

Nothing in this Act prohibits a distinction on the basis of sex, age or marital status in any contract of automobile insurance offered or made available to the public under The Manitoba Public Insurance Corporation Act or The Insurance Act.

Restriction on use of white cane.

8(1)

No person other than a blind person shall carry or use a white cane on any highway or public thoroughfare, or in any public conveyance or other public place.

Dog guides to accompany blind persons.

8(2)

Notwithstanding any enactment, regulation, or by-law, a dog guide

(a) while accompanying a blind person; and

(b) while in the custody and under the control of a blind person;

may, without charge, enter and remain with the blind person in any place where the public is admitted, or facility, or conveyance, where the public is accommodated.

Discrimination prohibited for proceeding under Act.

9

No person shall

(a) refuse to employ or continue to employ any person;

(b) threaten to dismiss or threaten to penalize in any other way any person in regard to his employment or any term or condition thereof;

(c) discriminate against any person in regard to his employment or any term or condition thereof; or

(d) intimidate or coerce or impose any pecuniary or other penalty upon any person;

on the ground that such person,

(e) has made or may make a complaint under this Act;

(f) has made or may make a disclosure concerning the matter complained of;

(g) has testified or may testify in a proceeding under this Act; or

(h) has participated or may participate in any other way in a proceeding under this Act.

Special programs.

10

Notwithstanding the provisions of this Part, the commission may, upon such conditions or limitations and subject to revocation or suspension, approve in writing a special plan or program by the Crown, any agency thereof, or any person designed to promote the socio-economic welfare and equality in status of a disadvantaged class of persons defined by race, nationality, religion, colour, sex, marital status, physical or mental handicap, family status, age, source of income or ethnic or national origin of the members of that class of persons.

PART II

ADMINISTRATION

Manitoba Human Rights Commission continued.

11(1)

The Manitoba Human Rights Commission is hereby continued.

Composition.

11(2)

The commission shall be composed of such numbers of persons as may be determined from time to time by the Lieutenant Governor in Council.

Members.

11(3)

The members of the commission shall be appointed by the Lieutenant Governor in Council.

Chairperson.

11(4)

The Lieutenant Governor in Council shall designate one of the members as chairperson and one member as vice-chairperson.

Vacancies.

11(5)

The Lieutenant Governor in Council may fill any vacancy however created, in the membership of the commission.

Remuneration and term of office.

11(6)

The Lieutenant Governor in Council may determine the term of office and the remuneration of the members of the commission.

Responsibility.

12

The commission is responsible to the minister for the administration of this Act.

Members of commission continued in office.

13

Those persons, who on the coming into force of this Act are members of the commission, shall continue to hold office until their successors are appointed.

Function.

14

The commission has power to administer this Act and without limiting the generality of the foregoing, it is the function of the commission,

(a) to forward the principle that every person is free and equal in dignity and rights without regard to race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, political beliefs, family status or source of income;

(b) to promote an understanding of, acceptance of and compliance with this Act;

(c) to develop and conduct educational programs designed to eliminate discriminatory practices related to race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, political beliefs, family status or source of income;

(d) to disseminate knowledge and promote understanding of the civil and legal rights of residents of the province and to conduct educational programs in that respect;

(e) to further the principle of equality of opportunities and equality in the exercise of civil and legal rights regardless of status.

Employment of personnel.

15

An executive director and such other officers and employees as may be required for the purpose of the administration of this Act, may be employed under The Civil Service Act.

Responsibility of the executive director.

16

The executive director of the commission, in addition to such other duties, that he may be required to perform by law, shall

(a) be responsible to the commission for its day-to-day activities and operations; and

(b) act as registrar of complaints received by the commission to assure that they are dealt with according to the Act.

Confidentiality of information.

17

Except for the purposes of a prosecution under this Act, or proceedings before a board of adjudication, or in any court proceedings, or for the purpose of the administration and enforcement of this Act, no person shall, except with the consent of the commission

(a) knowingly communicate, or allow to be communicated, to any person any information obtained by or on behalf of the commission or the Executive Director under this Act; or

(b) knowingly allow any person to inspect, or to have access to, any copy of any book, record, document, file, correspondence, or other record obtained by, or on behalf of, the commission or the Executive Director under this Act.

Costs of administration.

18

The costs of administering this Act shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Annual report.

19(1)

The commission shall prepare annually and submit to the minister, a report of the activities of the commission and boards of adjudication during the preceding year.

Annual report.

19(2)

The minister shall lay forthwith the report before the Legislative Assembly if it is in session and if not, within 15 days of the commencement of the next ensuing session.

PART III

ENFORCEMENT OF ACT

Complaints.

20(1)

Any person who has reasonable grounds for believing that any person has contravened a provision of this Act, may file with the commission a complaint in the form prescribed by the commission, such complaint to be filed with the commission not later than six months after the date of the alleged contravention or, where a continuing contravention is alleged, after the date of the last alleged contravention of this Act.

Consent of offended person.

20(2)

Where a complaint is made by a person other than the person whom it is alleged was dealt with contrary to the provisions of this Act, the commission may refuse to file the complaint unless the person alleged to be offended against consents thereto.

Complaints initiated by commission.

20(3)

Where the commission has reason for believing that any person has contravened a provision of this Act in respect of a person or group of persons, the commission may initiate a complaint.

Commission may dismiss complaint.

20(4)

Where the commission is satisfied that a complaint is without merit, it may dismiss the complaint at any stage of the proceeding.

Investigation of complaint.

21

The commission shall, as soon as is reasonably possible, investigate any complaint of an alleged contravention of the Act.

Powers of commission after investigation.

22(1)

The commission, after investigating the complaint, may

(a) endeavour to effect a settlement of the complaint of an alleged contravention of the Act, and failing settlement of the complaint, the commission may request the minister to appoint a board of adjudication to hear and decide the complaint; or

(b) request the minister to appoint a board of adjudication to hear and decide the complaint; or

(c) recommend that the minister commence a prosecution for an offence under this Act.

Appointment of board.

22(2)

The minister shall, within a reasonable time after the receipt of a request under clause (l)(a) or (b) appoint a board of adjudication consisting of one or more persons to hear and decide the complaint.

Prohibition.

22(3)

No person appointed to a board of adjudication shall have taken part in any investigation or consideration of the complaint prior to the inquiry by a board of adjudication.

Powers of commission and board of adjudication.

23

The commission and any board of adjudication appointed under this Act may determine their procedure and each member of a board of adjudication has all the powers of a commissioner under Part V of The Manitoba Evidence Act, and Part V except section 86 of that Act, applies to any investigation being made by the commission or any inquiry being made by a board of adjudication.

Access to premises and documents.

24(1)

For the purpose of investigating a specific complaint under this Act, the executive director, any person with the written authorization of the executive director, or the board of adjudication,

(a) shall have access during normal business hours to any land, residence or business premises of any person with respect to whom there is reasonable and probable grounds to believe that such access will assist the investigation of the complaint; and

(b) may inspect such specific documents, correspondence and records relevant to the complaint and may make copies thereof or take extracts therefrom.

Authority for access.

24(2)

Where a person refuses to grant access to any land, residence or business premises or refuses to produce documents, correspondence or records for purposes of subsection (1), the executive director or a board of adjudication may apply to a justice for an order

(a) granting the executive director or board of adjudication access to the land, residence or business premises; or

(b) granting the executive director or board of adjudication access to specific documents, correspondence and records therein which are relevant to the complaint; or

(c) authorizing the executive director or board of adjudication to make copies of, or take extracts from, the documents, correspondence and records;

or to do two or more of those things.

Where order may be issued.

24(3)

A justice may, on an ex parte application where necessary, issue the order referred to in subsection (2) if the justice is satisfied that

(a) there are reasonable and probable grounds to believe that access to the land, residence or business premises will assist in the investigation of the complaint; and

(b) the authority for access is reasonable and necessary for purposes of investigating the complaint.

Information confidential.

24(4)

Except for the purposes of a prosecution under this Act, or any court proceeding or for the purpose of the administration and enforcement of this Act, no person shall

(a) knowingly communicate, or allow to be communicated to any person any information obtained under this section; or

(b) knowingly allow any person to inspect, or to have access to, any copy of any document, correspondence or record, obtained under this section.

Exception.

24(5)

Subsection (4) does not prohibit

(a) the communication of any information by the executive director or a board of adjudication or by a person acting under the authority of the executive director, to persons charged with the administration of any statutes of Canada or any other province that relate to the subject matter of this Act; or

(b) the communication of any information with the consent of the person to whom the information relates; or

(c) the release or publication by the executive director or the board of adjudication, with the consent of the owner, of any document, correspondence or record or any copy thereof.

Obstruction.

25

No person shall hinder, obstruct, molest, or interfere with or attempt to hinder, obstruct, molest or interfere with, the commission or a person acting under the authority of the commission or a board of adjudication in the exercise of their powers and duties under this Act.

Hearing.

26(1)

Upon the appointment of a board of adjudication the board shall without undue delay hold a public hearing for the purpose of inquiry into and deciding the complaint.

Evidence before board.

26(2)

The board of adjudication may receive and accept, on oath, affidavit, or otherwise, such evidence or information as it, in its discretion, considers necessary and appropriate, whether or not such evidence or information would be admissible in a court of law.

Administration of oath.

26(3)

Any member of the board of adjudication may administer an oath or affirmation to any witness who is called to give evidence before the board.

Notice to parties.

26(4)

Before proceeding to hold a hearing, the board of adjudication shall give at least 10 days written notice of the date, time and place of the hearing to all the parties thereto, and a copy of the complaint shall be annexed to the notice.

Full opportunity to be heard.

26(5)

The board of adjudication shall give to all parties to a hearing being conducted by it full opportunity to be represented by counsel, to present evidence and to make submissions.

Exclusive jurisdiction of board to decide law and fact.

26(6)

Subject to appeal under section 31, the board of adjudication has exclusive jurisdiction and authority to determine any question of fact or law or both required to be decided in reaching a decision as to whether or not any party has contravened this Act or for the making of any order pursuant to such decision.

Parties to a hearing.

27

The parties to a hearing before a board of adjudication with respect to a complaint that is being inquired into by the board are,

(a) the commission, which shall have the carriage of the complaint;

(b) the person named in the complaint as the complainant;

(c) any person named in the complaint and alleged to have been dealt with contrary to the provisions of this Act;

(d) the accused or any person named in the complaint as alleged to have contravened this Act; and

(e) any other person as may be determined by the board.

Recording of oral evidence.

28

The oral evidence taken before a board of adjudication shall be recorded.

Powers of the board.

29(1)

Where the board of adjudication decides that there has been no contravention of the Act by any party, it shall dismiss the complaint.

Powers of board.

29(2)

Where the board of adjudication decides that a party has contravened any provision of the Act, it may do one or more of the following things:

(a) Make an order requiring the party who contravened the Act to do or refrain from doing anything in order to secure compliance with the Act.

(b) Make an order requiring the party who contravened the Act to compensate the person discriminated against for all, or such part as a board may determine, of any wages or salary lost or expenses incurred by reason of the contravention of this Act.

(c) Order the person who contravened the Act to pay to the person discriminated against, a penalty or exemplary damages in such amount as the board may determine, if the board is of the opinion that the person discriminated against suffered damages in respect of his feelings, or self-respect.

Board of adjudication to advise Attorney* General if delay.

29(3)

Where a board of adjudication has not rendered a decision within 90 days after being appointed, the board shall forthwith, in writing, advise the Attorney-General of the reasons for the delay and indicate when a decision will be rendered.

Action by Attorney-General.

29(4)

At any time after 90 days have elapsed from the date of appointment of a board of adjudication, the Attorney-General may do any one or more of the following things:

(a) Fix a time within which the board shall render its decision or finding.

(b) Revoke the appointment of the board of adjudication and appoint a new board of adjudication, in which case the provisions of sections 22 to 32 apply, with such modifications as the circumstances require.

(c) If the board has completed a hearing of the evidence, order the board to file with the Court of Queen's Bench the record of the proceedings together with all the evidence in the board's possession which forms part of the record.

Disposition by Court of Queen's Bench.

29(5)

Upon receipt of the record and evidence under clause (4)(c), the Court of Queen's Bench shall consider and dispose of the matter based on the record and evidence, with such modifications as the circumstances require, as it would dispose of an appeal under section 31.

Order becoming judgment of court.

30(1)

Subject to subsection (2), where a board of adjudication makes an order under clause 29(2)(b) or (c) or both, it may file a certified copy thereof in the Court of Queen's Bench and upon the filing of the order, it becomes a judgment of the Court of Queen's Bench and may be enforced as a judgment of that court.

When order may be filed.

30(2)

An order referred to in subsection (1) shall not be filed,

(a) until the time for appeal therefrom has expired and no appeal is filed: or

(b) where an appeal is filed against the order, after the appeal is dismissed.

Appeal.

31(1)

Any party to a hearing before a board of adjudication may appeal from a decision or order of the board, within 30 days from the making of the decision or order, to the Court of Queen's Bench.

Service of notice of appeal.

31(2)

A copy of the notice of appeal shall, within seven days of the filing thereof be served personally or by registered mail by the appellant on all other persons who were parties to the hearing and on the board.

Record to be filed on appeal.

31(3)

Forthwith upon the receipt of a notice of appeal under this section, the board of adjudication shall file with the Court of Queen's Bench, the record of the proceedings before it in which the decision or order appealed from was made which, together with a transcript of the oral evidence taken before the board, if it is not part of the record of the board, shall constitute the record in the appeal.

Powers of court.

32

An appeal under section 31 may be made on questions of law or fact, or both, and the court after hearing the appeal may,

(a) affirm or reverse the decision or order of the board of adjudication; or

(b) direct the board to make any other decision or order that the board is authorized to make under the Act; or

(c) substitute its decision or order for that of the board.

Application to court for order for compliance.

33

Where a board of adjudication makes an order under clause 29(2)(a) and the person against whom the order is made refuses, fails or neglects to comply with the order or any part thereof, the minister may apply by way of Originating Notice of Motion to the Court of Queen's Bench for an order requiring the person to comply with the order of the board of adjudication or any part thereof.

Offences and penalties.

34(1)

Every person who,

(a) deprives, abridges or restricts or attempts to deprive, abridge or restrict any person or class of persons in the enjoyment of a right under this Act;

(b) contravenes any provision of this Act; or

(c) fails, refuses or neglects to comply with an order of a board of adjudication, in whole or in part, other than an order or part of an order directing for the payment of wages;

is guilty of an offence and liable on summary conviction,

(d) if an individual to a fine of not less than $100. and not more than $1,000.; or

(e) if a corporation, trade union, employers' organization, employment agency or occupational association, to a fine of not less than $500. and not more than $5,000.

Laying of information.

34(2)

A prosecution for an offence under this Act may be commenced on the information of the commission or any person alleging on behalf of himself or of any class of persons that an offence has been committed under this Act.

Prosecution of employers' organization, trade union, etc.

34(3)

A prosecution for an offence under this Act may be brought against an employers' organization, trade union, or occupational association in the name of the organization, union or association; and for the purpose of such a prosecution the organization, union or association shall be deemed to be a person, and any act or thing done or omitted by an officer or agent of such an organization, union, or association, shall be deemed to be an act or thing done or omitted by the employers' organization, trade union or occupational association.

Limitation of time for prosecution.

34(4)

No information may be laid or prosecution commenced,

(a) with respect to an alleged offence under this Act after the expiration of one year from the date of the alleged offence; or

(b) with respect to the failure, refusal, or neglect to comply with an order or part of an order of a board of adjudication, after the expiration of one year from the date of the making of the order, or where an appeal was taken from the order and was dismissed, after the expiration of one year from the date of the dismissal of the appeal; or

(c) with respect to the failure, refusal or neglect to comply with an order or part of an order of aboard of adjudication where the board has allowed time for compliance therewith, after the expiration of one year from the date of expiration of the time allowed by the board to comply with the order.

Consent to prosecution.

34(5)

No prosecution for an offence under this Act shall be instituted without the consent in writing of the minister.

Technical defects.

34(6)

No proceeding under this Act shall be deemed invalid by reason of any defect in form or any technical irregularity.

PART IV

MISCELLANEOUS

Injunction.

35

In addition to what may be permitted by this Act, a person who deprives, abridges or otherwise restricts or attempts to deprive, abridge or otherwise restrict a person or class of persons in the enjoyment of a right under this Act because of the race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, ethnic or national origin, political belief, family status, or source of income of the person; may be restrained by an injunction issued in an action in the Court of Queen's Bench brought by any person against the person responsible for the deprivation, abridgement or other restriction or any attempt thereat.

Regulations.

36

The Lieutenant Governor in Council may, for the purposes of section 7, make regulations prescribing guidelines which may be followed by, but are not necessarily binding upon, the commission or a board of adjudication.

Crown bound.

37

The Crown, and every servant and agent of the Crown, is bound by this Act.