1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 11th day of June, 1992
Ian D. Izard, Law Clerk.


MINISTER OF EDUCATION AND MINISTER RESPONSIBLE
FOR MULTICULTURALISM AND HUMAN RIGHTS

BILL 63 -- 1992
HUMAN RIGHTS AMENDMENT ACT, 1992

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

1 Section 1 of the Human Rights Act, S.B.C. 1984, c. 22, is amended

(a) by repealing the definition of "age" and substituting the following:

"age" means an age of 19 years or more and less than 65 years; , and

(b) by adding the following definition:

"discrimination" includes the conduct described in section 3 (1) (a), 4 (a) or (b), 5 (1) (a), 6, 8 (1) (a) or (2) or 9 (a) or (b).

2 Section 3 is repealed and the following substituted:

Discrimination in public facilities

3 (1) No person, without a bona fide and reasonable justification, shall

(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b) discriminate against a person or class of persons with respect to any accommodation, service or facility customarily available to the public,

because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex or sexual orientation of that person or class of persons.

(2) A person does not contravene this section by discriminating

(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or

(b) on the basis of physical or mental disability if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.

3 Section 4 is amended by striking out "or sex" and substituting ", sexual orientation or sex".

4 Section 5 is repealed and the following substituted:

Discrimination in tenancy premises

5 (1) No person shall

(a) deny to a person or class of persons the right to occupy, as a tenant, space that is represented as being available for occupancy by a tenant, or

(b) discriminate against a person or class of persons with respect to a term or condition of the tenancy of the space,

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 class of persons, or of any other person or class of persons.

(2) Subsection (1) does not apply

(a) if the space is to be occupied by another person who is to share, with the person making the representation, the use of any sleeping, bathroom or cooking facilities in the space,

(b) as it relates to family status or age,

(i) if the space is a rental unit in residential premises in which every rental unit is reserved for rental to a person 55 years of age or older or to 2 or more persons, at least one of whom is 55 years of age or older, or

(ii) a rental unit in a prescribed class of residential premises, and

(c) as it relates to physical or mental disability, if

(i) the space is a rental unit in residential premises,

(ii) the rental unit and the residential premises of which the rental unit forms part,

(A) are designed to accommodate persons with disabilities, and

(B) conform to the prescribed standards, and

(iii) the rental unit is offered for rent exclusively to a person with a disability or to 2 or more persons, at least one of whom has a physical or mental disability, as the case be.

5 Section 6 is amended by striking out "physical or mental disability, sex" and substituting "family status, physical or mental disability, sex, sexual orientation".

6 Section 8 (1) is repealed and the following substituted:

(1) No person shall

(a) refuse to employ or refuse to continue to employ a person, or

(b) discriminate against a person with respect to employment or any term or condition of employment,

because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.

7 Section 9 is repealed and the following substituted:

Discrimination by unions and associations

9 No trade union, employers' organization or occupational association shall

(a) exclude any person from membership,

(b) expel or suspend any member, or

(c) discriminate against any person or member

because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or member, or because that person or member has been convicted of a criminal or summary conviction offence that is unrelated to the membership or intended membership.

8 Section 11 is repealed and the following substituted:

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.

9 Section 12 is amended by adding "or things" after "records".

10 Section 14 (1) (d) is amended

(a) by striking out "as specified by him," and substituting "as specified by the member," , and

(b) in subparagraph (ii) by striking out "17 (2) (b)" and substituting "17 (2) (b), (c) or (d)".

11 Section 17 is amended

(a) by repealing subsection (2) and substituting the following:

(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. , and

(b) in subsection (4) by striking out "subsection (2) or" and substituting "subsection (2) (a), (c) or (d) or".

12 The following section is added:

Special programs

19.1 (1) It is not discrimination or a contravention of this Act to plan, advertise, adopt or implement an employment equity program, that

(a) has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability or sex, and

(b) achieves or is reasonably likely to achieve that objective.

(2) The council may

(a) make general recommendations concerning desirable objectives for, and

(b) on application give advice and assistance with respect to the adoption or carrying out of

employment equity programs or other special programs or activities that have as their objective the amelioration of conditions of disadvantaged individuals or groups.

13 Section 20 is amended by striking out "complains," and substituting "complains or is named in a complaint,".

14 Section 24 is repealed and the following substituted:

Regulations

24 The Lieutenant Governor in Council may make regulations including but not limited to regulations prescribing the standards for the purpose of section 5.

 
Consequential Amendments

 
Residential Tenancy Act

15 Section 48.1 of the Residential Tenancy Act, S.B.C. 1984, c. 15, is repealed.

16 Section 52 (1) is amended by striking out ", 48 (1) or (2) or 48.1 (2) or (3)" and substituting "or 48 (1) or (2)".

Commencement

17 This Act comes into force by regulation of the Lieutenant Governor in Council.


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