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1990 BUX 8

Second Session, 22nd Legislature, 39 Elizabetii II

THE LEGISLATIVE ASSEMBLY OF ALBERTA

BILLS

INDIVIDUAL'S Previous DocumentRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1990

THE MUSUSTER OF LABOUR

Fkst Reading

Second Reading

Committee of tiie Whole

Thkd Readmg

Royal Assent


Bill 8

BILLS

1990

INDIVIDUAL'S Previous HitRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1990

(Assented to , 1990)

HER MAJESTY, by and witii tiie advice and consent of die
Legislative Assembly of Alberta, enacts as foUows:

1 The Individual's Rights Protection Act is amended by this Act.

2 In the following provisions "sex" is struck out and "gender" is
substituted:

the Preamble;
section 2(1) and (3)(a);
section 3;
section 4;
section 6(4);
section 10;
section 16(l)(a) and (c).

3 In the following provisions ". mental disabiUty" is added ctfter
"physical disabUity":

die Preamble;
section 2(1);
section 3;
section 4;
section 10;

section 16(l)(a) and (c).

4 Section 7 is amended

(a) in subsection (1)
(i) by striking out "sex" and substituting "gender";


Explanatory Notes

1 This BiU wUl amend chapter 1-2 of tiie Revised Stamtes of Alberta
1980.

2 Change in t^minology.

3 Adds "maital disabUity" to various provisions.

4 Section 7 presently reads m part:

7(1) No employer or person acting on behalf of an employer
shall

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

Explanatory Notes


(ii) by adding ", mental disabUity" after "physical disabiUty";

(b) by repealing subsections (1.1) and (1.2).

5 Section 8(1) is amended

(a) in clause (a)

(i) by striking out "sex" and substitiiting "gender";

(ii) by adding ". mental disabUity, marital status" (tfter
"disabUity";

(b) in clause (b)

(i) by striking out "sex" and substituting "g&nd&r"',

(ii) by adding ", mental disabiUty, marital status, age" (tfter
"disabUity".

6 Section 9 is repealed and the following is substituted:

9 Sections 7 and 8 apply with respect to

(a) a domestic employed in a private home, and


(b) discrimiruite against any person with regard to
employment or any term or condition of employment,

because of the race, religious beliefs, colour, sex, physical
disability, marital status, age, ancestry or place of origin of that
person or of any other person.

(1.1) For the purposes of subsection (1), an employer or person
acting on behalf of cm employer who

(a) refuses to continue to employ any female employee,
or

(b) discrimiruites against anyfemale employee with regard to
any term or condition of employment,

by reason only of pregnancy shall be deemed to have
discriminated against that employee because of the sex of that
employee.

(1.2) Nothing in this section shall be construed so as to limit or
enlarge the rights provided to female employees under Division
10 of Part 2 of the Employment Standards Code.

5 Section 8 presently reads:

8(1) No person shall use or circulate anyform of applicationfor
employment or publish any advertisement in connection with
employment or prospective employment or make cmy written or
oral inquiry of an applicant

(a) that expresses either directly or indirectly any limitation,
specification or preference indicating discrimination on the
basis of the race, religious beliefs, colour, sex, physical
disability, age, ancestry or place of origin of any person, or

(b) that requires an applicant to furnish any information
corxerning race, religious beliefs, colour, sex. physical
disability, arxestry or place of origin.

(2) Subsection (1) does not apply with respect to a refusal,
limitation, specification or preference based on a bona fide
occupational requirement.

6 Sections 7, 8 and 9 presently read:

7(1) No employer or person acting on behalf of an employer
shall

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

Explanatory Notes


(b) a fartn employee who resides m die private home of die
farmer who employs him,

but only kisofar as diey relate to sexual harassment.

7 Section 11 is repealed arui the following is substitiited:

11 No person shall evict, discharge, suspend, expel, intimidate,
coerce, impose a pecuniary or other penalty on or otherwise
discrimmate against a person because diat person

(a) has made or attempted to make a complaint under diis
Act.


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

because of the race, religious beliefs, colour, sex, physical
disability, marital status, age, ancestry or place of origin of that
person or of any other person.

(2) Subsection (1) as it relates to age and marital status does not
affect the operation of any bona fide retirement or pension plan
or the terms or conditions of any bona fide group or employee
insurance plan.

(3) Subsection (1) does not apply with respect to a refusal,
limitation, specification or preference based on a bona fide
occupational requirement.

8(1) No person shall use or circulate anyform of applicationfor
employment or publish any advertisement in connection with
employment or prospective employment or make any written or
oral inquiry of an applicant

(a) that expresses either directly or indirectly any limitation,
specification or preference indicating discrimiruition on the
basis of the race, religious beliefs, colour, sex, physical
disability, age, ancestry or place of origin of any person, or

(b) that requires an applicant to furnish any information
concerning race, religious beliefs, colour, sex, physical
disability, ancestry or place of origin.

(2) Subsection (1) does not apply with respect to a refusal,
limitation, specification or preference based on a bona fide
occupational requirement.

9 Sections 7 and 8 do not apply with respect to

(a) a domestic employed in a private home, or

(b) a farm employee who resides in the private home of the
farmer who employs him.

7 Section 11 presentiy reads:

11 No person shall evict, discharge, suspend, expel, intimidate,
coerce, impose a pecuniary or other penalty on, or otherwise
discriminate against a person because that person has made a
complaint or given evidence or assisted in any way in respect of
the initiation or prosecution of a complaint or other proceeding
under this Act.

Explanatory Notes


(h) has given evidence or odierwise participated m or may
give evidence or odierwise participate m a proceedmg under
diis Act.

re) has made or is about to make a disclosure tiiat he may be
requked to make ki a proceedkig under tins Act. or

(d) has assisted in any way in

(i) making or attempting to make a complakit under tiiis
Act. or

(ii) die investigation or prosecution of a complaint under
tills Act.

8 Section 14(2), (2.1) and (3) are amended by f,trikingout
"chakman" wherever it occurs and substitiiting chiet
commissioner".

9 Section 27(4) is amended by striking out "chakman and" ard
substituting "persons appokited to chak boards of kiquiry and die .

10 Section 29 is amended

(a) in subsection (l)(a) by striking out ". which shall have
carriage of die complaint";

(b) by adding the following after subsection (2):

(3) If ki any proceeding before it a board of inquky is
satisfied that a mistake has been made in good faidi in respect
of the name of a person who is a party to die proceeding, or
in naming or not naming a person as a party to die
proceeding, die board may dkect that die name of the person
be cortected or be substituted, added or deleted as a party to
the proceeding, and may make any otiier dkection diat k
considers to be appropriate relative to the naming of the
person.


8 Section 14 presently reads in part:

(2) The Lieutenant Governor in Council may designate one ofthe
members as chairman of the Commission.

(2.1) The Minister may designate one of the members of the
Commission as acting chairman of the Commission, and the
acting chairman so designated has, during the absence of the
chairman, the powers and duties of the chairmcm.

(3) The chairman arui other members of the Commission shall
receive remuneration arui expenses for their services as
prescribed by the Lieutenant Governor in Council.

9 Section 27(4) presently reads:

(4) The Lieutenant Governor in Council may determine the rate
of remuneration and expenses of the chairman and members of
boards of irujuiry.

10 Section 29 presently reads:

29(1) Notwithstanding section 2(b) of the Administrative
Procedures Act, the following persons are parties to a
proceeding before a board of irujuiry:

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

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

(c) any person named in the complaint who is alleged to
have been dealt with contrary to this Act;

(d) any person named in the complaint who is alleged to
have contravened this Act;

Explanatory Notes


11 The following is added ctfter section 29:

29.1 (1) Subject to subsection (2),tiieCominission shaU have
carriage of a proceeding before a board of inquiry.

(2) If after a dkection is made under section 27(1) or (2)
with respect to a complaint the complainant rejects an offer
to settie that in tiie opinion of die Commission is reasonable
ki the ckcumstances, the complainant shall take carriage of
the proceeding before die board of inquky.

12 Section 31(l)(b)(iii), (iv) and (v) are repealed arui thefollowing
is substituted:

(iu) to make available to the person deaU widi conttary to tills
Act therights,opportunities or privUeges he was denied conttary
to diis Act;

(iv) to compensate the person dealt with conttary to this Act for
aU or any part of any wages or income lost or expenses incmred
by reason of the contravention of this Act;

(v) to take any otiier action die board considers proper to place
the person dealt widi conttary to this Act in the position he
would have been in but for the contravention of this Act.

13 Section 31.1 is amended by striking out "by diat person".


(e) any other person specified by the board, on any notice
that the board determines, and after that person has been
given an opportunity to be heard against his joinder as a
party.

(2) The Administirative Procedures Act applies to the
proceedings of a board of inquiry.

11 Carriage of proceedmg.

12 Section 31(1) presently reads:

31(1) A board of inquiry

(a) shall, if it finds that a complaint is not justified, order
that the complaint be dismissed, and

(b) may, if it finds that a complaint is justified in whole or in
part, order the person against whom thefindingwas made to
do any or all of the following:

(i) to cease the contravention complained of;

(ii) to refrain in future from committing the same or any
similar contravention;

(iii) to make available to the person discriminated
against the rights, opportunities or privileges he was
denied contrary to this Act;

(iv) to compensate the person discriminated against for
all or any part of any wages or income lost or expenses
incurred by reason of the discriminatory action;

(v) to take any other action the board considers proper
to place the person discriminated against in the position
he would have been in but for the contravention of this
Act.

13 Section 31.1 presently reads:

31.1 No settlement effected by the Commission or order made
by a board of inquiry may compensate a person for wages or

Explanatory Notes


14 Section 33 is repealed and the following is substitiited:

33(1) A party to a proceedkig before a board of inquky may
appeal an order of die board to die Court of Queen's Bench by
originating notice filed witii die clerk of die Court of die judicial
disttict in which the inquiry was held.

(2) The originating notice under subsection (1) shall be fded
witii die clerk and served on the board of inquky and the other
parties within 30 days of die date die appellant receives a copy
of the order of die board.

(3) Forthwidi after being served widi an originating notice under
subsection (2) the board of inquky shaU file the following witii
the clerk of the Court:

(a) die board order,togetherwith reasons;

(b) die complaint;

(c) the evidence taken at the hearing and all exhibits filed.

(4) The Court may

(a) confirm, reverse or vary die order of die board and make
any order tiiat die board may make under section 31, or

(b) remk tiie matter back to the board widi dkections.

(5) Commencement of an appeal under diis section does not
operate as a stay of proceedings under die order of die board of
inquky unless the Court so orders.

15 Section 38 is amended

(a) by renumbering it as section 38(1);


income lost or expenses incurred prior to 2 years before the date
of the complaint by that person under section 19.

14 Section 33 presendy reads:

33(1) A party to a proceeding before a board of inquiry may
appeal the order of the board to the Court of Queen's Bench by
originating notice filed with the clerk of the Court of the judicial
district in which the inquiry was held.

(2) If the grounds of appeal consist wholly or partly of a
question offact or mixedfact arui law, no appeal lies without the
leave of a judge of the Court of Queen's Bench.

(3) An applicationfor leave to appeal uruier subsection (2) shall
be made by notice of motion within 30 days of the date the
appellant receives a copy of the order of the board of inquiry.

(4) The judge may, after taking into consideration any matters
that he considers appropriate, grant leave to appeal under
subsection (2).

(5) The originating notice under subsection (1) shall

(a) be filed with the clerk

(i) within 30 days of the date leave to appeal was
granted, if the appeal is one to which subsection (2)
applies, or

(ii) within 30 days of the date the appellant receives a
copy of the order of the board of inquiry, if the appeal is
not one to which subsection (2) applies,

(b) be returnable not later than 15 days after it is filed with
the clerk, and

(c) be served, together with all affidavits in support, on the
board of inquiry and the other parties to the proceeding
before the board not more than 5 days before the return date.

(6) The Court may confirm, reverse or vary the order of the
board and may make any order that the board can make under
section 31.

(7) Commencement of an appeal under this section does not
operate as a stay ofproceedings under the order of the board of
inquiry unless the Court orders otherwise.

15 Adds interpretation provisions.

Explanatory Notes


(b) by adding the following after subsection (l)(e):

(e.l) "mental disabUity" means

(i) a disorder of diought, mood, perception, orientation or
memory that impairs

(A) judgment,

(B) behaviour,

(C) capacity to recognize reaUty, or

(D) ability to meet the ordinary demands of Ufe,

(ii) a condition of mental retardation or mental
impairment, or

(iU) a leaming disabiUty or a dysfunction in one or more
of the processes involved in understanding or using
symbols or spoken language;

(c) by adding the following after subsection (1):

(2) Whenever diis Act protects a person from being
adversely dealt with on the basis of gender, the protection
includes, without Umitation, protection of a female from being
adversely dealt with on the basis of pregnancy.


Explanatory Notes

Title: 1990 (22nd 2nd) Bill 8, Individual's Previous HitRights Protection Amendment ActNext Document, 1990