2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS
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 Code, R.S.B.C 1996, c. 210, is amended
(a) by repealing the definitions of "advisory council", "chief commissioner", "commission", "commissioner of investigation and mediation", "deputy chief commissioner" and "human rights officer", and
(b) in the definition of "party" by striking out "and includes the deputy chief commissioner, if that commissioner is added as a party under section 21 (3) or 36 (1)".
2 Section 3 is amended by repealing paragraphs (f) and (g).
3 Sections 5 and 6 are repealed.
4 Part 2 is repealed.
5 Section 21 is amended
(a) in subsection (1) by striking out "the commissioner of investigation and mediation" and substituting "the tribunal" and by striking out "that commissioner." and substituting "the tribunal.",
(b) by repealing subsections (2) and (3), and
(c) in subsections (5) and (6) by striking out "The commissioner of investigation and mediation" and substituting "A member or panel of the tribunal" and by striking out "that commissioner" and substituting "that member or panel".
6 Section 22 is amended
(a) in subsections (1) and (2) by striking out "one year" and substituting "6 months", and
(b) by repealing subsection (3) and substituting the following:
(3) A member or panel of the tribunal may accept a complaint filed after the expiration of the time limit referred to in subsection (1) or (2) if the member or panel determines that
(a) it is in the public interest to accept the complaint, and
(b) no substantial prejudice will result to any person because of the delay.
7 Sections 23 and 24 are repealed.
8 Section 25 is amended
(a) by repealing subsection (2) and substituting the following:
(2) If a member or panel of the tribunal determines that another proceeding is capable of appropriately dealing with the substance of a complaint, the member or panel may defer further consideration of the complaint until the outcome of the other proceeding. , and
(b) in subsection (3) by striking out "the commissioner of investigation and mediation" and substituting "the member or panel".
9 Section 26 is repealed.
10 Section 27 is amended
(a) in subsection (1)
(i) by striking out "The commissioner of investigation and mediation" and substituting "A member or panel of the tribunal",
(ii) by striking out "that commissioner" and substituting "that member or panel",
(iii) in paragraph (a) by striking out "commissioner of investigation and mediation;" and substituting "tribunal;",
(iv) by repealing paragraph (c),
(v) by adding the following paragraph:
(f.1) a reasonable settlement offer has been made with respect to the complaint and not accepted by the complainant; , and
(vi) in paragraph (g) by striking out "one year" and substituting "6 months",
(b) in subsections (2) and (3) by striking out "commissioner of investigation and mediation" and substituting "member or panel", and
(c) in subsection (3)
(i) by striking out "that commissioner" and substituting "that member or panel", and
(ii) by repealing paragraph (c).
11 Sections 28, 29 and 30 are repealed.
12 The following section is added:
28.1 (1) Any party aggrieved by the dismissal of all or part of a complaint under section 27 (1) may, within 30 days of being notified of the dismissal, apply to the chair of the tribunal for a review of that dismissal.
(2) The review is to be conducted by a member of the tribunal designated by the chair and is to be based only on the information that was before the tribunal under section 27 (1).
(3) The dismissal of all or part of the complaint is final and no further proceedings may be taken under this Code, unless the member of the tribunal conducting the review makes a determination under subsection (4).
(4) If the member of the tribunal conducting the review determines that a complaint or part of a complaint should not have been dismissed under section 27 (1), the member may refer the complaint or that part of the complaint to the chair of the tribunal.
13 Section 31 (1) is amended by striking out "full time members and not more than 6 part time".
14 Section 34 (1) is amended by striking out "referred to the tribunal under section 26 (1) (c) or 28.1 (3) (a)".
15 Section 35 is amended
(a) in subsection (1.1) by adding the following paragraphs:
(g) respecting mediation, including, without limitation, rules that would permit or require mediation of a complaint, whether the mediation is provided by a member of the tribunal or a person engaged or retained under section 33 (2);
(h) respecting the conduct of, and all procedures relating to, the mediation of a complaint. ,
(b) by repealing subsections (1.4) and (5), and
(c) in subsection (1.5) by striking out "under subsection (1.4) of this section".
16 The following section is added:
35.1 (1) A settlement agreement may be enforced in the same manner as an order of the tribunal under this Code but only to the extent that the terms of the agreement are within the powers of the tribunal to make an order under this Code.
(2) The right to enforce a settlement agreement under subsection (1) cannot be waived.
(3) A provision of a settlement agreement that purports to waive the right to enforce the agreement under subsection (1) is void.
17 Section 36 is amended
(a) by repealing subsection (1), and
(b) by repealing subsection (2) and substituting the following:
(2) A member or panel may, at any time after the complaint is filed and on the terms specified by the member or panel, invite or allow any person or group of persons to intervene in the complaint, whether or not that person or group would be affected by an order made by the member or panel under section 37.
18 Section 37 is amended
(a) in subsection (3) by striking out "the deputy chief commissioner or any other person" and substituting "the tribunal or any person",
(b) by repealing subsection (4) and substituting the following:
(4) The member or panel may award costs
(a) against a party to a complaint, and
(b) without limiting paragraph (a), against a party who contravenes a rule under section 35 (1.1) or an order under section 35 (1.2). , and
(c) in subsection (6) by repealing paragraph (c).
19 Section 39 is amended
(a) in subsection (1) by striking out "the order is made, or, subject to subsection (2), the deputy chief commissioner," and substituting "the order is made", and
(b) by repealing subsections (2) and (4).
20 The following section is added to Part 5:
39.1 (1) As soon as practicable after the end of the fiscal year of the government, the tribunal must submit to the minister an annual report on the activities of the tribunal and the disposition of complaints under this Code during the preceding year.
(2) The annual report must include information concerning compliance with the regulations made under section 49 (2) (b).
(3) The minister must promptly lay the report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, within 15 days after the beginning of the next session.
21 Section 40 is amended
(a) by repealing subsection (1),
(b) in subsection (3) by striking out "Subsections (1) and (2) apply" and substituting "Subsection (2) applies", and
(c) by repealing subsection (4) (a) and substituting the following:
(a) referred to a member or panel for a hearing under section 34, .
22 Section 42 is amended
(a) by repealing subsection (2), and
(b) in subsection (3) by striking out "The chief commissioner or the deputy chief commissioner" and substituting "The minister".
23 Section 46 (1) to (3) is repealed.
24 Section 49 (2) is amended
(a) in paragraph (b) by repealing subparagraphs (i) to (iv), and
(b) by repealing paragraphs (f) and (h).
25 Section 50 is repealed.
26 The Supplement to the Human Rights Code is repealed.
27 Unless it has been dismissed or otherwise settled or withdrawn, a complaint that is filed with the commissioner of investigation and mediation under section 21 of the Human Rights Code on or before the date on which section 5 of this Act comes into force is deemed to be filed with the British Columbia Human Rights Tribunal.
Freedom of Information and Protection of Privacy Act
28 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:
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Public Body: |
British Columbia Human Rights Commission |
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Head: |
Chief Commissioner . |
29 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Human Rights Code, amends section 1] repeals and amends definitions to reflect the other changes made by this Bill.
SECTION 2: [Human Rights Code, repeals section 3 (f) and (g)] repeals 2 paragraphs relating to functions carried out by the commission.
SECTION 3: [Human Rights Code, repeals sections 5 and 6] reflects the repeal of Part 2 of the Code.
SECTION 4: [Human Rights Code, repeals Part 2] repeals the Part establishing the Human Rights Commission and Advisory Council.
SECTION 5: [Human Rights Code, amends section 21] removes all references to the commission and the commissioner of investigation and mediation in the provision regarding filing a complaint and replaces them with references to the tribunal or a member or panel of the tribunal.
SECTION 6: [Human Rights Code, amends section 22]
SECTION 7: [Human Rights Code, repeals sections 23 and 24] repeals the sections relating to investigations by the commissioner.
SECTION 8: [Human Rights Code, amends section 25] removes references to the commissioner of investigation and mediation and replaces them with references to a member or panel of the tribunal.
SECTION 9: [Human Rights Code, repeals section 26] repeals the section dealing with the functions of the commission with respect to complaints.
SECTION 10: [Human Rights Code, amends section 27]
SECTION 11: [Human Rights Code, repeals sections 28, 29 and 30] repeals provisions dealing with commission powers.
SECTION 12: [Human Rights Code, enacts section 28.1] gives the tribunal power to reconsider a decision to dismiss all or part of a complaint and provides that the reconsidered decision is final.
SECTION 13: [Human Rights Code, amends section 31 (1)] removes the limit on the number of part time members of the tribunal.
SECTION 14: [Human Rights Code, amends section 34 (1)] removes the unnecessary reference to complaints being referred to the tribunal.
SECTION 15: [Human Rights Code, amends section 35]
SECTION 16: [Human Rights Code, enacts section 35.1] allows settlement agreements to be enforced in the same manner as orders made by the tribunal.
SECTION 17: [Human Rights Code, amends section 36]
SECTION 18: [Human Rights Code, amends section 37]
SECTION 19: [Human Rights Code, amends section 39]
SECTION 20: [Human Rights Code, enacts section 39.1] requires the tribunal to submit an annual report.
SECTION 21: [Human Rights Code, amends section 40]
SECTION 22: [Human Rights Code, amends section 42] gives responsibility for the approval of special ameliorative programs to the minister.
SECTION 23: [Human Rights Code, repeals section 46 (1) to (3)] removes references to delegation powers of the commission.
SECTION 24: [Human Rights Code, amends section 49 (2)] removes unnecessary references to commission practices and procedures.
SECTION 25: [Human Rights Code, repeals section 50] repeals a spent provision.
SECTION 26: [Human Rights Code, repeals the Supplement] repeals a not in force amendment that is superseded by enactment of section 28.1 in this Bill.
SECTION 27: [Transitional] provides for complaints filed with the commissioner of investigation and mediation.
Freedom of Information and Protection of Privacy Act
SECTION 28: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] removes the commission and the Chief Commissioner from Schedule 2 of the Act.
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