The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: places/canada/bc/legal/human-rights-code.1995


 BC HUMAN RIGHTS ACT
 
 Part 1 +
 Discriminatory Practices Prohibited

 Section 2 + Discriminatory publication

      2.   (1)  No person shall publish, issue or display or cause to be 
 published, issued or displayed any statement, publication, notice, sign, 
 symbol, emblem or other representation that

      (a)  indicates discrimination or an intention to discriminate against a 
 person or a group or class of persons, or

      (b)  is likely to expose a person or a group or class of persons to 
 hatred or contempt
 because of the race, colour, ancestry, place of origin, religion, marital 
 status, family status, physical or mental disability, sex, sexual 
 orientation or age of that person or that group or class of persons.

      (2)  Subsection (1) does not apply to a private communication or to a 
 communication intended to be private.
 1993-27-2.
 
 Complaints

      11.  (1)  Any person, on the person's own behalf or on behalf of 
 another person or of a group or class of persons, who alleges that any 
 person is discriminating or has discriminated against that person or another 
 person or against a group or class of persons, whether or not a member of 
 that group or class, may file with the council a complaint, in a form 
 satisfactory to the council, giving particulars of the discrimination.

      (2)  If a complaint is filed by a person on behalf of another person or 
 a group or class of persons, the council may refuse to deal with the 
 complaint unless satisfied that, as the case may be,

      (a)  the person alleged to have been discriminated against consents, or

      (b)  proceeding with the complaint is in the interest of the group or 
 class on behalf of which the complaint is made.

      (3)  The council may deal with 2 or more complaints together if it is 
 satisfied that the complaints involve substantially the same issues.

      (4)  Subject to section 13, the chair of the council shall investigate 
 a complaint and endeavour to assist the parties to the complaint to achieve 
 a settlement.
 1992-43-8.

 Section 12 + Inspection of records or things

      12.  For the purposes of conducting an investigation, the chairman of 
 the council may make an examination and inquiry that he considers necessary 
 to ascertain whether this Act has been complied with and may

      (a)  require a complainant or a person who is alleged to have 
 contravened this Act to disclose, orally or in writing, information 
 respecting the subject matter of the complaint, and

      (b)  require the production of records or things relating to the 
 subject matter of the complaint.
 1984-22-12; 1989-53-4; 1992-43-9.

 Section 13 + Decision not to proceed with investigation

      13.  (1)  The council may decide not to proceed with the investigation 
 of a complaint where it appears to the council that the complaint
      (a)  is not within the jurisdiction of the council,
      (b)  could be more appropriately dealt with under another Act,
      (c)  is trivial, frivolous, vexatious or made in bad faith, or
      (d)  is based on facts that occurred more than 6 months before the 
 complaint was filed, unless the delay was incurred in good faith and no 
 substantial prejudice will result to any person affected by the delay.

      (2)  The council shall not decline to proceed with an investigation by 
 reason only that there was no intent by the person against whom the 
 complaint was made to contravene this Act.

      (3)  Where the council decides not to proceed with an investigation, it 
 shall so inform the complainant in writing.
 1984-22-13.

 Section 14 + Procedure after investigation

      14.  (1)  On completion of an investigation, the chairman shall
      (a)  refer the complaint to the council for a determination as to 
 whether the proceeding should be discontinued,
      (b)  [Repealed 1989-53-5.]
      (c)  submit a report to the minister, or
      (d)  designate one member of the council to receive, as specified by 
 the member, written or oral submissions from the complainant and the person 
 alleged to have contravened this Act, and the member of council
      (i)  where he considers the complaint is not justified, shall dismiss 
 the complaint, or
      (ii) where he considers the complaint is justified, shall make an order 
 described in section 17 (2) (a) and may make an order described in section 
 17 (2) (b), (c) or (d).

      (2)  Section 16 (4) and (5) applies where oral submissions are made 
 under subsection (1) (d) of this section.
      (2.1)     A member of the council who is designated under subsection 
 (1) (d) has, for the purposes of that subsection,
      (a)  the privileges and protection of section 12 of the Inquiry Act, 
 and
      (b)  where oral submissions are made under subsection (1) (d), the 
 power of sections 15 and 16 of the Inquiry Act
 given to a commissioner appointed under Part 2 of that Act.

      (3)  On receipt of a report under subsection (1) (c), the minister 
 shall
      (a)  refer the complaint to a board of inquiry, or
      (b)  order that the proceedings be discontinued.
 1984-22-14; 1985-51-32, effective July 19, 1985 (B.C. Reg. 232/85); 
 1989-53-5; 1992-43-10.

 Section 15 + Decision to be communicated in writing

      15.  A determination under section 14 (1) (a), an order under section 
 14 (1) (d) (ii) or section 14 (3) or the dismissal of a complaint under 
 section 14 (1) (d) (i) shall be communicated in writing to the complainant 
 and the person who is alleged to have contravened this Act, and, where the 
 proceedings are discontinued or the complaint is dismissed, no further 
 proceedings under this Act shall be taken in relation to the subject matter 
 of the discontinued proceedings or the dismissed complaint.
 1984-22-15; 1989-53-6.

 Part 3 +
 Board of Inquiry
 Section 16 + Board of inquiry

      16.  (1)  A board of inquiry shall consist of one person appointed by 
 the minister.

      (2)  A board of inquiry has, for the purposes of a reference under 
 section 14 (3), the power, privileges and protection of sections 12, 15 and 
 16 of the Inquiry Act given to a commissioner appointed under Part 2 of that 
 Act.

      (3)  The persons who are entitled to be parties to proceedings before a 
 board of inquiry are

      (a)  the complainant,

      (b)  where the complaint was filed under section 11 (2), the person who 
 filed the complaint on behalf of the complainant,

      (c)  the person who is alleged to have contravened this Act, and

      (d)  any other person whom the board of inquiry considers would be 
 directly affected by an order made by it.

      (4)  A board of inquiry shall give the parties the opportunity to be 
 represented by counsel, to present relevant evidence, to cross examine 
 witnesses and to make submissions.

      (5)  A board of inquiry may receive and accept on oath, affidavit or 
 otherwise, evidence or information that it, in its discretion, considers 
 necessary and appropriate, whether or not the evidence or information would 
 be admissible in a court of law.

      (6)  Where a party to a matter before a board of inquiry complains to 
 the minister that the board has failed to proceed expeditiously, the 
 minister may, after consulting the parties and the board, issue an order he 
 considers necessary to ensure the matter will be disposed of without further 
 undue delay.
 1984-22-16.

 Section 17 + Disposition of complaints

      17.  (1)  Where a board of inquiry considers that a complaint is not 
 justified, it shall dismiss the complaint.

      (2)  Where a board of inquiry considers that a complaint is justified, 
 it
      (a)  shall order the person who contravened this Act to cease the 
 contravention and to refrain from committing the same or a similar 
 contravention,
      (b)  may make a declaratory order that conduct of the type complained 
 of, or similar conduct, is discrimination contrary to this Act,
      (c)  may order the person who contravened this Act to do one or both of 
 the following:
      (i)  take steps, specified in the order, to ameliorate the effects of 
 the discriminatory practice;
      (ii) adopt and implement an employment equity program or other special 
 program if the evidence at the hearing has disclosed that the person engaged 
 in a pattern or practice that contravenes this Act, and
      (d)  if the person discriminated against is a party to the proceedings, 
 may order the person who contravened this Act to do one or more of the 
 following:
      (i)  make available to the person discriminated against the right, 
 opportunity or privilege that, in the opinion of the board, the person was 
 denied contrary to this Act;
      (ii) compensate the person discriminated against for all, or a part the 
 board determines, of any wages or salary lost, or expenses incurred, by the 
 contravention;
      (iii)     pay to the person discriminated against an amount that the 
 board of inquiry considers appropriate to compensate that person for injury 
 to dignity, feelings and self respect or to any of them.

      (3)  A board of inquiry may make an order as to costs it considers 
 appropriate.

      (4)  Where an order is made under subsection (2) (a), (c) or (d) or (3) 
 or section 14 (1) (d) (ii), the council or the person who was discriminated 
 against and in whose favour the order is made may file a certified copy of 
 the order with the Supreme Court and on being filed the order has the same 
 force and effect, and all proceedings may be taken on it, as if it were a 
 judgment of that court.
 1984-22-17; 1989-40-102; 1992-43-11.
 

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