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1996 BILL 24

Fourth Session, 23rd Legislature, 45 Elizabeth II

THE LEGISLATIVE ASSEMBLY OF ALBERTA

BILL 24

INDIVIDUAL'S Previous DocumentRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1996

THE MINISTER OF COMMUNITY DEVELOPMENT

First Reading . .

Second Reading .

Committee of the Whole .

Third Reading , .

Royal Assent. ...................................... . .. s


Bill 24

BILL 24

1996

INDIVIDUAL'S Previous HitRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1996

(Assented to , 1996)

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

Amends RSA 1 The Individual's Rights Protection Act is amended by this Act.
1980 cl-2

2 The title and chapter number of the Act are repealed and the
following is substituted:

HUMAN RIGHTS AND CITIZENSHIP ACT

CHAPTER H-11.7

Preamble 3 The preamble is repealed and the following is substituted:

WHEREAS recognition of the inherent dignity and the equal
and inalienable rights of all persons is the foundation of
freedom, justice and peace in the world;

WHEREAS it is recognized in Alberta as a fundamental
principle and as a matter of public policy that all persons are
equal in: dignity, rights and responsibilities without regard
to race, religious beliefs, colour, gender, physical disability,
mental disability, age, ancestry, place of origin, marital
status or family status;

WHEREAS it is recognized in Alberta as a fundamental
principle and as a matter of public policy that all Albertans
sh~uld share in an awareness and appreciation of the diverse
r~cIaI and cultural composition of society and that the
nchness of life in Alberta is enhanced by sharing that
diversity;

1


Explanatory Notes

1 Amends chapter 1-2 of the Revised Statutes of Alberta 1980.

2 New title and chapter number.

3 The preamble presently reads:

WHEREAS recognition of the inherent dignity and the equal and
inalienable rights of all persons is the foundation offreedom. justice
and peace in the world; and

WHEREAS it is recognized in Alberta as afundamental principle and
as a matter ofpublic policy that all persons are equal in dignity and
rights without regard to race, religious beliefs, colour, gender.
physical disability, mental disability, age, ancestry or place of origin:
and

WHEREAS it is fitting that this principle be affirmed by rhe
Legislature of Alberta in an enactment whereby those rights of the
individual may be protected:

1 Ex.planatory Notes


Alberta
Heritage Day

Discrimination
re
pUblications,
notices WHEREAS it is fitting that these principles be affirmed by
the Legislature of Alberta in an enactment whereby those
equality rights and that diversity may be protected:

4 The following is added after section 1:

1.1 In recognition of the cultural heritage of Alberta, the
[lIst Monday in August each year shall be observed as a day
of public celebration and known as "Alberta Heritage Day".

5 Section 2 is amended

(a) by repealing subsection (1) and substituting the following:

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

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

(b) is likely to expose a person or a class of persons to
hatred or contempt

because of the race, religious beliefs, colour, gender,
physical disability, mental disability, age, ancestry, place of
origin, marital status or family status of that person or class
of persons.

(b) in subsection (3) by adding "statement, publication," be/ore
"notice" in clause (b) and in the closing words of
subsection (3).

6 Sections 3 and 4 are repealed and the following is substituted:

2


4 Heritage Day continued

5 Section 2 presently reads:

2(1) No person shall publish or display before the public or cause
to be published or displayed before the public any notice, sign,
symbol, emblem or other representation indicating discrimination or
an intention to discriminate against any person or class of persons
for any purpose because of the race, religious beliefs, colour, gender,
physical disability, mental disability, age, ancestry or place of origin
of that person or class of persons.

(2) Nothing in this section shall be deemed to interfere with the free
expression of opinion on any subject.

(3) Subsection (1) does not apply to

(a) the display of a notice, sign, symbol. emblem or other
representation displayed to identify facilities customarily
used by one gender,

(b) the display or publication by or on behalf of an
organization that

(i) is composed exclusively or primarily of persons
having the same political or religious beliefs,
ancestry or place of origin, and

(ii) is not operated for private profit,

of a notice, sign, symbol, emblem or other representation
indicating a purpose or membership qualification of the
organization, or

(c) the display or publication of a form of application or an
advertisement that may be used, circulated or published
pursuant to section 8(2),

if the notice, sign, symbol, emblem or other representation is not
derogatory, offensive or otherwise improper.

6 Sections 3 and 4 presently read:

2 Explanatory Notes


Discrimination
re goods,
services,
accommodation,
facilities

Discrimination
re tenancy 3 No person shall

(a) deny to any person or class of persons any goods,
services, accommodation or facilities that are
customarily available to the public, or

(b) discriminate against any person or class of persons
with respect to any goods, services, accommodation
or facilities that are customarily available to the
public,

because of the race, religious beliefs, colour, gender,
physical disability, mental disability, ancestry, place of
origin, marital status or family status of that person or class
of persons or of any other person or class of persons.

4 No person shall

(a) deny to any person or class of persons the right to
occupy as a tenant any commercial unit or
self-contained dwelling unit that is advertised or
otherwise in any way represented as being available
for occupancy by a tenant, or

(b) discriminate against any person or class of persons
with respect to any term or condition of the tenancy
of any commercial unit or self-contained dwelling
units,

because of the race, religious beliefs, colour, gender,
physical disability, mental disability, ancestry, place of
origin, marital status or family status of that person or class
of persons or of any other person or class of persons.

7 Section 5 is repealed.

8 Section 6 is amended

(a) by repealing subsection (1) and substituting the following:

3


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

(a) deny to a~y person or class of persons any
accommodatton, services or facilities customarily
available to the public, or

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

because of the race, religious beliefs, colour, gender, physical
disability, mental disability, ancestry or place of origin of that person
or class of persons or of any other person or class of persons.

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

(a) deny to any person or class of persons the right to
occupy as a tenant any commercial unit or self-contained
dwelling unit that is advertised or otherwise in any way
represented as being available for occupancy by a
tenant, or

(b) discriminate against any person or class of persons with
respect to any term or condition of the tenancy of any
commercial unit or self-contained dwelling units,

because of the race, religious beliefs, colour, gender, physical
disability, mental disability, ancestry or place of origin of that person
or class of persons or of any other person or class of persons.

7 Section 5 presently reads:

5 Notwithstanding section 1. no person who is the owner .of, or is
responsible for the use, occupancy, construction or alteratwn of, a
building as defined in the Safety Codes Act shall, by reason only. of
the condition of the building, be found to have contravened se~tton
3 or 4 as it relates to denial or discrimination on the baSIS of
physical disability if he establishes that the building co",:plies with
the applicable requirements of that Act and the regulattons under
that Act.

8 Section 6 presently reads in part:

6(1) No employer shall

3 Explanatory Notes


Equal pay 6(1) Where employees of both sexes perfonn the same or
substantially similar work for an employer in an
establishment the employer shall pay the employees at the
same rate of pay.

(b) by repealing subsections (2), (3) and (4).

9 Section 7(1) is amended

(a) by striking out "or person acting on behalf of an
employer";

(b) by striking out "or place of origin" and substituting ", place
of origin or family status".

10 Section 8(1)(a) and (b) are amended by striking out "or place
of origin" and substituting", place of origin or family status".

4


(a) emplo.y a female employee for any work at a rate of pay
that IS less than the rate of pay at which a male
employee is employed by that employer for similar or
substantially similar work in the same establishment, or

(b) empl~y a male employee for any work at a rate of pay
that IS less than the rate of pay at which a female
employee is employed by that employer for similar or
substantially similar work in the same establishment.

(2) In subsection (1), "establishment" means a place of business
where an undertaking or part of an undertaking is carried on.

(3) Work for which a female employee is employed and work for
which a male employee is employed shall be deemed to be similar or
substantially similar if the job, duties or services the employees are
called on to perform are similar or substantially similar.

(4) A difference in the rate of pay between a female and male
employee based on any factor other than gender does not constitute
a failure to comply with this section if the factor on which the
difference is based would normally justify such a difference.

9 Sec~ion 7(1) presently reads:

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

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

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

10 Section 8(1) presently reads:

8(1) No person shall use or circulate any form of applic~tionfor
employment or publish any advertisement in conn~ctLOn wah
employment or prospective employment or make any wntten or oral
inquiry of an applicant

(a) that expresses either directly or indirectl~ a~y ~imi~ation,
specification or preference indicati~g dlscnmtnatLOn on
the basis of the race, religious beilefs, Co0lour. gender,
physical disability, mental disability, mantal status. age.
ancestry or place of origin of any person. or

(b) that requires an applicant to fu~nish any information
concerning race, religious bellefs, c~lour, gender.
physical disability, mental disability, mantal status, age,
ancestry or place of origin.

4 Explanatory Notes


Prohibitions
regarding
complaints 11 Section 9 is repealed.

12 Section 10 is amended by striking out "or place of origin" and
substituting", place of origin or family status".

13 Section 11 is repealed and the following is substituted:

11 (1) No person shall retaliate against a person because that
person

(a) has made or attempted to make a complaint under
this Act,

(b) has given evidence or otherwise participated in or
may give evidence or otherwise participate in a
proceeding under this Act,

(c) has made or is about to make a disclosure that that
person may be required to make in a proceeding
under this Act, or

(d) has assisted in any way in

(i) making or attempting to make a complaint under
this Act, or

(ii) the investigation, settlement or prosecution of a
complaint under this Act.

5


11 Section 9 presently reads:

9 Sections 7 and 8 apply with respect to

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

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

but only insofar as they relate to sexual harassment.

12 Section 10 presently reads:

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

(a) exclude any person from membership in it.

(b) expel or suspend any member of it, or

(c) discriminate against any person or member.

because of the race, religious beliefs, colour, gender, physical
disability, mental disability, marital status, age. ancestry or place of
origin of that person or member.

13 Section 11 presently 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

(a) has made or attempted to make a complaint under this
Act,

(b) has given evidence or otherwise participated in or may
give evidence or otherwise participate in a proceeding
under this Act,

(c) has made or is about to make a disclosure that he may
be required to make in a proceeding under this Act, or

(d) has assisted in any way in

(i) making or attempting to make a complaint under this
Act, or

(ii) the investigation or prosecution of a complaint under
this Act.

5 Explanatory Notes


Fund
continued

Grants (2) No person shall, with malicious intent, make a
complaint under this Act that is frivolous or vexatious.

14 Section 13 is repealed and the following is substituted:

13(1) The Multiculturalism Fund established under the
Alberta Multiculturalism Act is continued as the Human
Rights, Citizenship and Multiculturalism Education Fund.

(2) The following money shall be deposited into the Fund:

(a) money voted by the Legislature for the purpose of
the Fund;

(b) money received by the Government pursuant to
agreements with the Government of Canada or with
a province or any agency of the Government of
Canada or of a province, pertaining to matters
related to the purposes of this Act;

(c) money from fees for programs or services provided
pursuant to this Act.

(3) The Provincial Treasurer

(a) shall hold and administer the Fund, and

(b) may, on behalf of the Fund, be a depositor in the
Consolidated Cash Investment Trust Fund under the
Financial Administration Act.

(4) The income of the Fund accrues to and forms part of the
Fund.

(5) The Minister may pay money from the Fund

(a) for educational programs and services related to the
purposes of this Act, and

(b) to make grants pursuant to section 13.1.

13.1 (1) The Minister may make grants if

(a) he is authorized to do so by regulations under this
section, and

(b) there is money available in the Fund.

(2) ~e Lieutenant Governor in Council may make
regulatIOns authorizing the Minister to make grants and, for

6


14 Section 13 presently reads:

13(1) The Lieutenant Governor in Council may make regulations

(a) exempting a person, class of persons or group of
persons, or the Crown or any agent or servant of the
Crown, from the operation of this Act or any of the
provisions of it;

(c) respecting the procedure to be followed by the
Commission in carrying out its functions under this Act.

(2) The Lieutenant Governor in Council may by regulation delegate
to the Commission any of his powers under subsection (1).

(3) A regulation made under subsection (l)(a) may

(a) be specific or general in its application, and

(b) provide that the exemption or authorization that it grants
is subject to any terms and conditions that the Lieutenant
Governor in Councilor the Commission, as the case may
be, considers advisable.

6 Explanatory Notes


Commission
continued

Functions of
Commission that purpose, section 13(2), (3) and (4) of the Government
Organization Act apply.

15 The heading preceding section 14 is repealed and the
following is substituted:

Alberta Human Rights and Citizenship Commission

16 Section 14 is amended

(a) by repealing subsection (1) and substituting the following:

14(1) The Alberta Human Rights Commission is continued
under the name "Alberta Human Rights and Citizenship
Commission", consisting of the number of members
appointed by the Lieutenant Governor in Council.

(b) in subsection (3) by striking out "Lieutenant Governor in
Council" and substituting "Minister".

17 Section 15 is repealed.

18 Section 16 is repealed and the following is substituted:

16(1) It is the function of the Commission

(a) to forward the principle that every person is eq~al in
dignity and rights without regard to race, religious
beliefs, colour, gender, physical disability, mental
disability, age, ancestry, place of origin, marital
status or family status,

(b) to promote awareness and appreciation of the racial
and cultural diversity of Alberta society,

(c) to promote an environment in which all Albertans
can participate in and contribute to the cultural,
social, economic and political life of Alberta,

(d) to research, develop and conduct educational
programs designed to eliminate discriminatory
practices related to race, religious beliefs, colour,
gender, physical disability, mental disability, age,

7


15 Change in name from Alberta Human Rights Commission.

16 Section 14(1) and (3) presently read:

14(1) There shall be a commission to be known as the "Alberta
Human Rights Commission" which shall consist of the number of
members appointed by the Lieutenant Governor in Council.

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

17 Section 15 presently reads:

15 The Commission is responsible to the Minister for the
administration of this Act.

18 Section 16 presently reads:

16(1) It is the function of the Commission

(a) to forward the principle that every person is equal in
dignity and rights without regard to race, religious
beliefs, colour, gender, physical disability, mental
disability, age, ancestry or place of origin,

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

(c) to research, develop and conduct educational programs
designed to eliminate discriminatory practices related to
race, religious beliefs, colour, gender, physical disability.
mental disability, age, ancestry or place of origin, and

(d) to encourage and co-ordinate both public and private
human rights programs and activities.

(2) The Commission may delegate in writing to one or more of its
members or employees any of its functions or duties, except the
power to make regulations delegated to it under section 13(2).

7 Explanatory Notes


By-laws

Staff ancestry, place of origin, marital status or family
status,

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

(f) to encourage and co-ordinate both public and private
human rights programs and activities, and

(g) to advise the Minister on matters related to this Act.

(2) The Commission may delegate in writing to a member
or to a person referred to in section 17 any of its functions,
powers or duties.

19 The following is added after section 16:

16.1 (1) The Commission may make by-laws respecting

(a) the carrying out of its powers, duties and functions
under this Act, and

(b) procedural matters related to the handling of
complaints under this Act, including procedural
matters related to the proceedings before human
rights panels.

(2) The Regulations Act does not apply to by-laws of the
Commission.

(3) By-laws of the Commission are not effective until they
have been approved by the Minister.

20 Section 17 is repealed and the following is substituted:

17 There may be appointed a Director and any other
employees required for the purpose of the administration of
this Act.

21 Section 18 is amended

(a) in subsection (1) by striking out "survey of all complaints
~d p!?secutions" and substituting "summary of the
diSpOSItIon of complaints";

(b) by repealing subsection (2).


19 Commission may make by-laws.

20 Section 17 presently reads:

17 In accordance with the Public Service Act. there may be
appointed a Director of the Commission and any other employees
required for the purpose of enabling the Commission to carry on the
administration of this Act.

21 Section 18 presently reads:

18(1) The Commission shall after the end of each year prepare and
submit to the Minister a report of its activities during that year,
including a survey of all complaints and prosecutions under this Act
and any other information that the Minister may require.

A PYnbn~torv Not...:


Who may
make
complaint

Settlement of
complaint

Director's
powers re
complaint 22 The heading preceding section 19 and sections 19 to 33 are
repealed and the following is substituted:

19(1) Any person, except the Commission, a member of the
Commission and a person referred to in section 17, who has
reasonable grounds for believing that a person has
contravened this Act may make a complaint to the
Commission.

(2) A complaint made pursuant to subsection (1) must

(a) be in a fonn acceptable to the Commission, and

(b) be made within 6 months after the alleged
contravention of the Act occurs.

19.1 (1) Where the Commission receives a complaint, the
Director shall, as soon as is reasonably possible, attempt to
effect a settlement of the complaint by means of a
conciliator or through the appointment of a person to
investigate the complaint.

(2) Where a conciliator is unable to effect a settlement of
the complaint, the Director may appoint a person to
investigate the complaint.

(3) The Director shall forthwith serve notice of any action
taken under subsection (1) or (2) on the complainant and the
person against whom the complaint was made.

20(1) Notwithstanding section 19.1, the Director may at any
time

(a) dismiss a complaint if the Director considers that the
complaint is without merit,

(b) discontinue the proceedings if the Director is of the
opinion that the complainant has refused to accept a
proposed settlement that is fair and reasonable, or

(c) report to the chief commissioner that the parties are
unable to settle the complaint.

(2) The Director shall forthwith serve notice of a decision
und.er subsection (l) on the complainant and the person
agamst whom the complaint was made.

9


(2) When the report is received by him, the Minister shall lay a copy
of it before the Legislative Assembly if it is in session and if not,
within 15 days after the beginning of the next ensuing session.

22 New procedural provisions for dealing with complaints under the
Act.

9 Explanatory Notes


Investigator's
powers

Judge's order 20.1 (1) For the purposes of an investigation under section
19.1, an investigator may do any or all of the following:

(a) subject to subsection (2), enter any place at any
reasonable time and examine it;

(b) make inquiries orally or in writing of any person
who has or may have information relevant to the
subject-matter of the investigation;

(c) demand the production for examination of records
and documents, including electronic records and
documents, that are or may be relevant to the
subject-matter of the investigation;

(d) on giving a receipt for them, remove any of the
things referred to in clause (c) for the purpose of
making copies of or extracts from them.

(2) An investigator may enter and examine a room or place
actually used as a dwelling only if

(a) the owner or person in possession of it consents to
the entry and examination, or

(b) the entry and examination is authorized by a judge
under section 21.

21 (1) Where a provincial court judge is satisfied on an
investigator's evidence under oath that there are reasonable
grounds for an investigator to exercise a power under section
20.1(1) and that

(a) in the case of a room or place actually used as a
dwelling, the investigator cannot obtain the consent
under section 20.1(2) or, having obtained the
consent, has been obstructed or interfered with,

(b) the investigator has been refused entry to a place
other than a dwelling,

(c) a person refuses or fails to answer inquiries under
section 20.1(1)(b), or

(d) a person on whom a demand is made under section
20.1(1)(c) refuses or fails to comply with the
demand orto permit the removal of a thing under
section 20.1 (1)(d),

10


10 Explanatory Notes


Copies of
documents

Appeal to chief
commissioner

Referral to
human rights
panel the judge may make any order the judge considers necessary
to enable the investigator to exercise the powers under
section 20.1(1).

(2) An application under subsection (1) may be made with
or without notice.

21.1 If an investigator removes anything referred to in
section 20.1(1)(c), the investigator may make copies of or
extracts from the thing that was removed and shall return the
thing to the place from which it was removed within 48
hours after removing it.

22(1) The complainant may, not later than 30 days after
receiving notice of dismissal of the complaint or notice of
discontinuance under section 20, by notice in writing to the
Commission request a review of the Director's decision by
the chief commissioner.

(2) The Commission shall serve a copy of a notice referred
to in subsection (1) on the person against whom the
complaint was made.

(3) The chief commissioner shall

(a) review the Director's decision and decide whether

(i) the complaint should have been dismissed, or

(ii) the proposed settlement was fair and reasonable

as the case may be, and

(b) forthwith serve notice of the chief commissioner's
decision on the complainant and the person against
whom the complaint was made.

23(1) The chief commissioner shall appoint a human rights
p~el to deal with a complaint in the following
Clfcumstances:

(a) where the chief commissioner receives a report from
the Director that the parties are unable to settle the
complaint;

(b) where the chief commissioner decides under section
22(3) that the complaint should not have been
dismissed or that the proposed settlement was not
fair and reasonable.

11


11 Explanatory Notes


Parties

Carriage of
proceeding

Procedural
rules (2) A human rights panel shall consist of one or more
members of the Commission, one of whom may be the chief
commissioner.

(3) Where the chief commissioner has conducted a review
under section 22 in respect of a complaint, the chief
commissioner is not eligible to sit on a human rights panel
dealing with that complaint.

(4) A human rights panel and each member have all the
powers of a commissioner under the Public Inquiries Act.

(5) If a human rights panel consists of more than one
person, the decision of the majority is the decision of the
panel.

24 The following persons are parties to a proceeding
before a human rights panel:

(a) the Director;

(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;

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

25 The Director has carriage of a proceeding before a
human rights panel except where the chief commissioner has
made a decision under section 22(3) that the complaint
should not have been dismissed or that the proposed
settlement was not fair and reasonable, and in such a case
the complainant has carriage of the proceeding.

26(1) The parties to a proceeding before a human rights
panel are entitled to appear and be represented by counsel at
a hearing held by the panel.

(2) Evidence may be given before a human rights panel in
any m.anner that the panel considers appropriate, and the
panel IS not bound by the rules of law respecting evidence
in judicial proceedings.

12


12 Explanatory Notes


Question of
law

Powers of
panel (3) A human rights panel, on proof of service of notice of
a hearing in accordance with this Act on the person against
whom a complaint was made, may proceed with the hearing
in the absence of that person and decide on the matter being
heard in the same way as though that person were in
attendance.

(4) A hearing before a human rights panel shall be open to
the public unless, on the application of any party, the human
rights panel decides that it would be advisable to hold the
hearing in private

(a) because of the confidential nature of the matter to
be heard, or

(b) because of the potential adverse effect on any of the
parties, other than the person against whom the
complaint was made.

27 A human rights panel may, at any stage of the
proceedings before it, state in the form of a special case for
the opinion of the Court of Queen's Bench any question of
law arising in the course of the proceedings, and may
adjourn the proceedings for the purpose.

28(1) A human rights panel

(a) shall, if it finds that a complaint is without merit,
order that the complaint be dismissed, and

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

(i) to cease the contravention complained of;

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

(iii) to make available to the person dealt with
contrary to this Act the rights, opportunities or
privileges that that person was denied contrary
to this Act;

(iv) to compensate the person dealt with contrary to
~his Act for all or any part of any wages or
Income lost or expenses incurred by reason of
the contravention of this Act;

(v) to take any other action the panel considers
proper to place the person dealt with contrary to

13


13 Explanatory Notes


Reconsideration


Retroactive
compensation
limit

Effect of
decision

Entry of order

Appeal this Act in the position the person would have
been in but for the contravention of this Act.

(2) A human rights panel may make any order as to costs
that it considers appropriate.

(3) A human rights panel shall serve a copy of its decision,
including the findings of fact on which the decision was
based and the reasons for the decision, on the parties to the
proceeding.

29(1) If there is new evidence available that was not
available or that for good reason was not presented before
the human rights panel in the first instance, the panel may,
on the application of any of the parties or on its own motion,
reconsider any matter considered by it and for that purpose
has the same power and authority and is subject to the same
duties as it had and was subject to in the first instance.

(2) A human rights panel may not reconsider a matter under
subsection (1) more than 30 days after the date of the
decision on the matter in the first instance.

30 No settlement effected under this Act and no order
made by a human rights panel may compensate a person for
wages or income lost or expenses incurred prior to 2 years
before the date of the complaint under section 19.

31 A decision of the chief commissioner under section
22(3)(a) is final and binding on the parties, subject to a
party's right to judicial review of the decision.

32 An order made by a human rights panel may be filed
with the clerk of the Court of Queen's Bench in the juQicial
district in which the proceeding was held, and on being
entered it is enforceable in the same manner as an order of
the Court of Queen's Bench.

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

(2) The originating notice under subsection (1) shall be filed
with the clerk and served on the Commission and the other
parties within 30 days of the date the appellant receives a
copy of the order of the human rights panel.

(3) Forthwi~ after being served with an originating notice
under subsectIOn (2) the Commission shall fue the following
with the clerk of the Court:

14


14 Explanatory Notes


Protection
from liability

Offence (a) the order of the human rights panel, together with
reasons;

(b) the complaint;

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

(4) The Court may

(a) confirm, reverse or vary the order of the human
rights panel and make any order that the panel may
make under section 28, or

(b) remit the matter back to the panel with directions.

(5) Commencement of an appeal under this section does not
operate as a stay of proceedings under the order of the
human rights panel unless the Court so orders.

23 Section 34(1) is amended by striking out "board of inquiry
under section 31" and substituting "human rights panel under
section 28".

24 The following is added after section 36:

36.1 No action lies against a member of the Commission
or any person referred to in section 17 for anything done or
not done by that person in good faith while purporting to act
under this Act.

36.2(1) No person shall hinder, obstruct or interfere with
the Commission or any person referred to in section 17 in
the exercise of a power or the carrying out of a duty under
this Act.

(2) A person who contravenes subsection (1) is guilty of an
offence and is liable to a fine of not more than $10000.

(3) Where

(a) a corporation, or

15


23 Section 34(1) presently reads:

34(1) If the order of a board of inquiry under section 3J or the
Court of Queen's Bench under section 33 did not direct a person to
cease the contravention complained of, the Minister of Justice and
Attorney General may apply to the Court of Queen's Bench for an
order enjoining the person from continuing the contravention.

24 New sections re protection from liability, offences and penalties,
service of documents.

15 Explanatory Notes


Service of
documents (b) an employment agency, employers' organization,
occupational association or trade union that is not a
corporation

contravenes subsection (1), any director, officer or agent of
the corporation or other body who directed, authorized,
assented to, acquiesced in or participated in the
contravention is guilty of the offence and is liable to the
penalty provided for the offence, whether or not the
corporation or other body has been prosecuted for or
convicted of the offence.

36.3(1) A notice or other document required by this Act or
the by-laws to be filed with the Commission is deemed to be
properly filed if it is

(a) left in person with the Commission at one of its
offices, or

(b) sent to any office of the Commission by registered
or certified mail.

(2) A notice or other document required by this Act or the
by-laws to be served on any person is deemed to be properly
served if it is

(a) served personally on that person, or

(b) sent by registered or certified mail to the last
address for that person known to the Commission.

(3) Where it is necessary to prove filing or service of any
notice or document,

(a) if filing or service is effected personally, the actual
date on which it is filed or served is the date of
filing or service, and

(b) if filing or service is effected by registered or
certified mail, filing or service shall be conclusively
presumed to have been effected on the date of
receipt or 7 days after the date of mailing,
whichever fust occurs.

25 Section 37 is repealed.

26 Section 38(1) is amended

16


25 Section 37 presently reads:

37 The Ombudsman Act applies to the activities of the Commission.

26 Section 38(1) presently reads in part:

16 Explanatory Notes


(a) in clause (c) by adding "and Citizenship" after "Rights";

(b) by adding the following after clause (d):

(d.l) "employment" includes any arrangement where one
person agrees to perform work or provide services
for another, and "employer" and "employee" have
corresponding meanings;

(c) by adding the following after clause (e):

(e.OI) "family status" means the status of being related to
another person by blood, marriage or adoption;

(e.02) "marital status" means the status of being married,
single, widowed, divorced, separated or living with
a person of the opposite sex in a conjugal
relationship outside marriage;

(d) by repealing clause (e.1) and substituting the following:

(e.l) "mental disability" means any mental disorder,
developmental disorder or learning disorder,
regardless of the cause or duration of the disorder;

(e) by adding the following after clause 0):

(i.l) "religious beliefs" includes native spirituality;

27(1) In this section, "the Act" means the Human Rights and
Citizenship Act.

(2) Where on the coming into force of this section a complaint has
been made under the Act, the complaint shall be dealt with under
the Act as amended by this Act unless the Commission has, before
that date, directed that a formal inquiry into the matter be held by
a board of inquiry, in which case the matter shall continue to be
dealt with under the Act as it existed immediately before the coming
into force of this section.

28(1) The Alberta Advisory Council on Women's Issues Act is
amended by repealing section 3(3) and (4).

(2) The Conflicts of Interest Act is amended in Part 3 of the
Schedule by striking out "Alberta Human Rights Commission" and
substituting "Alberta Human Rights and Citizenship Commission".

17


38(1) In this Act,

(c) "Commission" means the Alberta Human Rights
Commission;

(e.l) "mental disability" means

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

(A) judgment,

(B) behaviour,

(C) capacity to recognize reality, or

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

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

(iii) a learning disability or a dysfunction in one or more
of the processes involved in understanding or using
symbols or spoken language;

27 Transitional.

28 Amends chapter A-13.5 of the Statutes of Alberta. 1986; chapter
C-22.1 of the Statutes of Alberta. 1991; chapter D-36 of the Revised
Statutes of Alberta 1980; chapter F-9 of the Revised Statutes of Alberta
1980; chapter 0-5.5 of the Statutes of Alberta, 1995; chapter T-6.5 of the
Statutes of Alberta. 1982.

17 Explanatory Notes


(3) In the following provisions "Individual's Rights Protection
Act" is struck out and "Human Rights and Citizenship Act" is
substituted:

Act

Disaster Services Act
Financial Administration Act
Government Accountability Act
Transportation of Dangerous Goods Act

29 The following Acts are repealed:

(a) Alberta Multiculturalism Act;

(b) Women's Secretariat Act.

30 This Act comes into force on Proclamation.

18 Section

15(5)(b)
2(1)
2
3


29 Repeals chapter A-32.8 of the Statutes of Alberta, 1984 and chapter
W-13.5 of the Statutes of Alberta, 1986.

30 Coming into force.

18 Explanatory Notes

Title: 1996 (23rd, 4th) Bill 24, Individual's Previous HitRights Protection Amendment ActNext Document, 1996