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1985 BILL 33

Third Session, 20th Legislature, 34 Elizabeth II

THE LEGISLATIVE ASSEMBLY OF ALBERTA

BILL 33

INDIVIDUAL'S Previous DocumentRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1985

THE MINISTER OF LABOUR

First Reading ««,«r«;i.r, i- -u.

Second Reading .,.. w .... ^..

Committee of the Whole

Third Reading

Royal Assent


Bill 33

BILL 33

1985

INDIVIDUAL'S Previous HitRIGHTS PROTECTION
AMENDMENT ACT
Next Hit, 1985

(Assented to , 1985)

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

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

2 In the following provisions "physical characteristics" is struck out
and "physical disability" is substituted:
the Preamble;
section 2(1);
section 3;
section 4;
section 5;
section 7(1);
section 10;
section 16(l)(a) and (c);
section 38(i).

3 Section 7 is amended

(a) by adding thefollowing after subsection (1):
(1.1) For the purposes of subsection (1), an employer or person
acting on behalf of an employer who
(a) refuses to continue to employ any female employee,
or

(b) discriminates against any female 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
7 of Part 3 of the Employment Standards Act.

(b) in subsection (3) by striking out "qualification" and substituting
"requirement";


Explanatory Notes

1 This Bill will amend chapter 1-2 of the Revised Statutes of Albeita 1980.

2 Physical characteristics changed to physical disability.

Section 7 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 sex, physical characteristics,
marital status, age, ancestry or place of origin of that person or of any
other person.
(2) Subsection (1) as it relates LU 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 qualification.

Explanatory Notes


Section 8 is amended

(a) in subsection (1)

(i) as to clause (a) by striking out "as to the race, religious
beliefs, colour, sex, physical characteristics" and substituting
"indicating discrimination on the basis of the race, religious
beliefs, colour, sex, physical disabihty";

(ii) as to clause (b) by striking out "physical characteristics"
and substituting "physical disability";

(b) in subsection (2) by striking out "quahfication" and substituting
"requirement".

5 The following is added after section 11:

11.1 A contravention of this Act shall be deemed not to have
occurred if the person who is alleged to have contravened the
Act shows that the alleged contravention was reasonable and justifiable
in the circumstances.

6 Section 13 is amended

(a) by repealing subsection (l)(b);

(b) in subsection (3) by striking out "or (b)".

7 Section 14 is amended by cuiding thefollowing after subsection (2):

(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 chairman.

8 Section 19 is amended by renumbering it as section 19(1) and by
adding the following after subsection (1):

(2) A complaint made pursuant to subsection (1) must be made
within 6 months after the alleged contravention of the Act occurs.


4 Section 8 presently reads:

8(1) No person shall use or circulate any form of application for 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 as to the race, religious beliefs, colour sex, physical
characteristics, 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 characteristics, ancestry or
place of origin.

(2) Subsection (1) does not apply with respect to a refusal, limitation,
speciftcation or preference based on a bonaftde occupational qualiftcation.

5 Reasonable and justifiable discrimination.

6 Section 13 presently reads in part:

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

(b) authorizing the undertaking by a person, class ofpersons or group
of persons, or by the Crown or any servant or agent of the Crown, of
programs that, in the absence of the authorization, would contravene
this Act, and

(3) A regulation made uruier subsection (l)(a) or (b) 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
Council or the Commission, as the case may be, considers advisable

7 Section 14 presently reads:

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.

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

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

8 Section 19 presently reads:

19 Any person, except the Commission and a member or employee ofthe
Commission, who has reasonable grounds for believing that a person has
contravened this Act may make a complaint with the Commission in the
form prescribed by the regulations.

Explanatory Notes


9 Section 20 is amended

(a) by repealing subsection (3);

(b) by adding the following after subsection (4):

(5) In endeavouring to effect a settlement of the complaint,
the Commission may make recommendations that would, in
the opinion of the Commission, allow the complainant and
the person who is alleged to have contravened this Act to
settle the complaint.

10 The following is added after section 31:

31.1 No settlement effected by the Commission or order made
by a board of inquiry may compensate a person for wages or
income lost or expenses incurred prior to 2 years before the date
of the complaint by that person under section 19.

11 The Individual's Rights Protection Act as it was immediately before
the date on which this Act comes into force applies to all complaints
with respect to which a board of inquiry has been appointed
before that date.

In accordance with section 4(1) ofthe Interpretation Act,
this Bill comes into force on the date it receives Royal
Assent.


9 Section 20 presendy reads:

20(1) The Commission shall, as soon as is reasonably possible after a
complaint is made under section 19, cause an investigation to be made
into, and shall endeavour to effect a settlement of, the complaint.

(2) The Commission shall, before beginning an investigation under subsection
(1), give notice of the complaint arui of the Commission's intention
to investigate it to the person against whom the complaint was made.

(3) A complaint made pursuant to section 19 must be made within 6
months after the alleged contravention of the Act occurs.

(4) If, in the opinion of the Commission, a complaint is without merit, the
Commission may dismiss the complaint at any stage of the proceeding.

10 Limitation period for compensation.

11 Transitional.

Explanatory Notes

Title: 1985 (20th, 3rd) Bill 33, Individual's Previous HitRights Protection Amendment ActNext Document, 1985