Bill 140 — Third Session, 16Th Legislature, 19 Elizabeth Ii == Bill 140 An Act For An Alberta Bill of Rights (Legislature 16, Session 3)

L16 S3 4832

Alberta — Bills

1970 Bill 140 Third Session, 16th Legislature, 19 Elizabeth II == BILL 140

An Act for an Alberta Bill of Rights MR. LOUGHEED First Reading ............................. . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 140 1970

An Act for an Alberta Bill of Rights (Assented to , 1970)

WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations; AND

WHEREAS the Parliament of Canada has pro claimed the Canadian Bill of Rights, being

chapter 44, Statutes of Canada, 1960, which provisions are by

section 5 (3) thereof specifically construed as extending only to matters coming within the legislative authority of the Parliament of Canada; AND

WHEREAS by

section 92 of the British North America Act there are established matters within the ex clusive power of the provincial legislatures, including property and civil rights and the administration of justice; AND

WHEREAS it is recognized in Alberta as a funda mental principle and as a matter of public policy that all persons are equal in dignity and human rights without regard to race, religious beliefs, colour, sex, age, ancestry or place of origin; AND

WHEREAS it is fitting that this principle be af firmed by the Legislative Assembly of Alberta by the enact n1ent of a Bill of Rights, whereby these rights of the in dividual may be safeguarded; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as the "Alberta Bill of Rights". 2. Every law of Alberta shall, unless it is expressly de clared by

an Act of the Legislature that it shall operate notwithstanding the Alberta Bill of Rights, be so con strued and applied as not to abrogate, abridge or infringe, or to authorize the abrogation, abridgment or infringment of any of the rights herein recognized and declared.

Explanatory Notes This provision is similar to section (2) of the Canadian Bill of Rights, but has the reverse effect of

section 2 of the existing Alberta Human Rights Act, which makes the latter Act subservient to other Alberta Statutes.

PART I DECLARATION OF RIGHTS 3. Every person shall enjoy the right to freedom of conscience, opinion and belief, and freedom of religious association, teaching and worship. 4. Every person shall enj oy the right to freedom from arbitrary arrest or detention and every person who is ar rested or detained shall enj oy the right forthwith to a judicial

interpretation of the legality of his detention and as to the nature of the charges or the certificate of committal upon which he is detained. 5. Every person shall enjoy the right of the individual to equality before the law and the protection of the law. 6. Every person shall under the law enjoy the right to freedom of expression through all means of communication. 7.

Every person shall enjoy the right to peaceable as sembly with others and to form with others association of any character under the law, provided such peaceable assembly be conducted in such manner as not to interfere with the privacy or affairs of others. 8. Every person shall enjoy the right to engage in and carryon any occupation, business, or enterprise under the law without discrimination because of race, religious be liefs, colour, sex, age, ancestry or place of origin. 9.

Every person shall have the right to enjoyment of his property and the right not to be deprived of his property, except by the due process of law. 10. Every qualified voter resident in Alberta shall enjoy the right to exercise freely his franchise in all elections. 11.

(1) Every person resident in Alberta shall enjoy the right to education without discrimination because of race, religious beliefs, colour, sex, ancestry or place of origin.

(2) Nothing in subsection (1) prevents a school, college, university or other institution or place of learning that enrolls persons of a particular creed or religion exclusively, or that is conducted by a religious order or society from policies with respect to such enrollment. 12. Nothing in this

Part I shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated herein that existed in Alberta at the time of proclamation of this Act. 2

There are no comparable provisions in this entire

Part I con tained in the existing Alberta Human Rights Act.

PART II CO'DE OF CONDUCT ~3. No person shall: (

a) publish or display, or cause to be published or dis played; or (

b) permit to be published or displayed on lands or pren1ises or in a newspaper, through a television or radio broadcasting station, or by means of any other medium which he owns or controls any notice, sign, symbol, emblem, or other representation indicating discrimination, or any intention to discriminate against any person or class of persons for any purpose because of the race, religious beliefs, colour, sex, ancestry or place of origin of that person or class of persons. 14. No person, directly or indirectly, alone or with an other, by himself or by the interposition of another, shall (

a) deny to any person or class of persons the accom modation, services or facilities available in any place to which the public is customarily admitted, or (

b) discrimina te against any person or class of persons with respect to the accommodation, services or facilities available in any place to which the public is customarily admitted, because of the race, religious beliefs, colour, sex, ancestry or place of origin of that person or class of persons or of any other person or class of persons. 15. No person, directly or indirectly, along or with an other, by himself or by the interposition of another, shall (

a) deny to any person or class of persons occupancy of any self contained dwelling unit in a building which contains three or more such units that are available for renting, or (

b) discrin1inate against any person or class of persons with respect to any term of condition of occupancy of any self contained dwelling unit in a building which contains three or more such units that are available for renting, because of the race, religious beliefs, colour, ancestry or place of origin of that person or class of persons or of any other person or class of persons. 16.

(1) No employer and no person acting on his behalf shall discrirflinate between his male and female employees by paying a female employee at a rate of pay less than the rate of pay paid to a male employee employed by him for the same work or substantially the same work done in the same establishment. 3

There is no comparable provision in the existing Human Rights Act. The existing Alberta Human Rights Act contains no comparable provision to include discrimination against sex in the similar section. This is similar to the comparable

section of the Alberta Human Rights Act (section 3 (a». Subsections (1) and (2) are similar to

section 109 of The Alberta Labour Act and subsection (3) is comparable to the provisions of

chapter 310 of the Revised Statutes of Alberta, being The Sex Disqualification Removal Act. 3

(2) A difference in the rate of pay between a female and a male employee based on any factor other than sex does not constitute a failure to comply with this section.

(3) A person shall not be disqualified by sex (

a) from the exercise of a public function; (

b) from being appointed to or holding a civil or judicial post or office; (

c) from entering or assuming, or carrying on a civil profession or vocation, or (

d) for admission to an incorporated society. 17.

(1) No employer shall refuse to employ, or refuse to continue to employ, any person, or discriminate against any person in regard to employment or any term or con dition of employment, (

a) because of his race, religious beliefs, colour, sex, ancestry or place of origin; or (

b) because of his age, if the person has attained the age of forty-five years and has not attained the age of sixty -fi ve years; or (

c) because the person has made a complaint under this Act or has testified, or is believed to be about to testify, in any proceedings relative to the en forcement of this Act. (2) Subsection (1) does not apply to the expression of a limitation, specification, or preference based on a bona fide occupational qualification. 18.

(1) No person shall use or circulate any form of application for employment or publish or display, or cause or permit to be published or displayed, any advertisement in connection with employment or make any written or oral inquiry in connection with employment (

a) which expresses, either directly or indirectly, (

i) any limitation, specification, or preference as to race, religious beliefs, colour, sex, ancestry or place of origin; or (ii) any intent to (

A) dismiss from employment; or (

B) refuse to employ or rehire; or (

c) discriminate against any person because of age, if the person has attained the age of forty-five years and has not attained the age of sixty -fi ve years, 4 (

b) or which requires an applicant to furnish any in formation concerning race, religious beliefs, colour, ancestry or place of origin.

There is no comparable provision in The Alberta Human Rights Act regarding non-discrimination in employing a person because of sex. This is a major addition to the existing Alberta Human Rights Act-no comparable legislation exists in Alberta. 4

(2) Subsection (1) does not apply to the expression of a limitation, specification or preference based on a bona fide occupational qualification. 19. No trade union, employer's organization or other occupational association shall exclude from membership or expel or suspend any person or member, or discriminate against any person or member (

a) because of his race, religious beliefs, colour, sex, ancestry or place of origin; or (

b) because of his age, if the person or member has at tained the age of forty-five years and has not at tained the age of sixty-five years; or (

c) because the person or member has made a com plaint under this Act or has testified, or is believed to be about to testify, in any proceedings relative to the enforcement of this Act. 20.

(1) The provisions of sections 17, 18 and 19 relat ing to refusal, discrimination, exclusion, expulsion, or suspension because of age, or to expression of intent to dismiss, refuse to employ or rehire, or discriminate, because of age do not apply to the (

a) termination of employment because of the terms or conditions of a bona fide retirement or pension plan; (

b) operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement; (

c) operation of the terms or conditions of any bona fide group or employee insurance plan; (

d) because of minimum age requirements of any other Act.

(2) The provisions of sections 17 and 18 do not apply to any exclusively charitable, philanthropic, educational, fra ternal, religious, or social organization or corporation that is not operated for profit, or to any organization that is operated primarily to foster the welfare of a religious 01' ethnic group and is not operated for profit.

(3) The provisions of this Act relating to discrimination because of sex do not apply to, supersede, or otherwise affect any statute, by-law, rule, order, or regulation having the force and effect of law which prohibits, restricts, or controls the employment of any person.

(4) This Act does not apply to the employment or pro spective employment of a domestic employee in a private home. 5

This adds to Alberta legislation comparable non-discrimination provisions for professional and other membership groups, in addition to trade union and employer's organizations (see defini tion-section 37). 5

211. No person shall evict, expel, or otherwise discrim inate against any other person because he has made a complaint or given evidence or assisted in any way in re spect of the initiation or prosecution of a complaint or other proceeding under this Act. 22.

(1) The prohibitions contained in this Act apply to and bind the Crown in right of Alberta and every agency and servant thereof.

(2) The Lieutenant Governor in Council shall require that contracts designated or classified in any regulations entered into and with (

a) Her Maj esty in right of the Province or a member of the Executive Council of Alberta acting for and on behalf of Her Maj esty; and (

b) a municipality in the Province; and (

c) the board of trustees of a school district or school division in the Province; and (

d) the board of management of a hospital as defined in The Alberta Hospitals Act shall contain such provisions in such form and terms as the Lieutenant Governor in Council may provide, designed to secure the observance, so far as possible, of the non discrimination provisions of this Act. 6

Subsection (1) is an addition to The Alberta Human Rights Act by adding members of the Civil Service. There is no comparable provision to subsection (2) in The Alberta Human Rights Act. 6

PART III HUMAN RIGHTS CO'MMISSION 23.

(1) The Lieutenant Governor in Council shall estab lish a commission to be known as the "Human Rights Com mission", which shall consist of a chairman and such number of other members as the Lieutenant Governor in Council may determine.

(2) The Lieutenant Governor in Council shall appoint the chairman and other members of the Commission.

(3) In addition to the chairman and other members of the Commission, the Lieutenant Governor in Council may appoint one or more vice-chairmen to act in the place of the chairman during his absence for any reason, and a person appointed vice-chairman is a member of the Com mission.

(4) A majority of the members of the Commission, in cluding the chairman or vice-chairman, is a quorum.

(5) A decision of the maj ority of the members of the Commission present and constituting a quorum shall be the decision of the Commission; and if the votes are equal, the chairman, or in his absence the vice-chairman, shall have a second or casting vote. 24.

(1) The Commission and each member thereof has the power of a commissioner under The Public Inquiries Act.

(2) The Administrative Procedures Act applies to the operation of the Commission.

(3) The Commission may delegate to one or more of its members any of the functions or duties of the Commission.

(4) The Commission may receive and accept whatever evidence and information on oath, affidavit, or otherwise it, in its discretion, deems fit and proper, whether admis sible as evidence in a court of law or not. 25. The Commission may, either by any member of the Commission designated in writing by the chairman thereof or by any person authorized in writing by the chairman or Administrator (

a) inspect and examine all books, payrolls, personnel recQrds, registers, notices, documents, and other records of any person which in any way relate to (

i) the wages, hours of labour, or conditions of employment affecting any person; (ii) membership of any person in or an applica tion by any person for membership in a trade union, or both; 7

This is a significantly different administration arrangement from that existing under The Alberta Human Rights Act, which Act relies upon an Administrator and ad hoc board of inquiry appointed only upon ministerial discretion. 7

(iii) the accommodation, services, or facilities available in any place to which the public is customarily admitted; and (iv) the occupancy of any commercial unit or self contained dwelling unit containing three or more such units; (

b) take extracts from or make copies of any entry in those books, payrolls, personnel records, registers, notices, documents, and records; (

c) require any person to make or furnish full and correct statements, either orally or in writing, in whatever form is required, respecting matters re ferred to in clause (

a) and, in the discretion of the member of the Commission or person so auth orized, require the statements to be made by the person on oath or to be verified by a statutory declaration; (

d) require any person to make full disclosure, pro duction, or delivery to the Commission, or to the person so authorized, of (

i) all records, documents, statements, writing, books, papers, extracts therefrom, or copies thereof that the person has in his possession or control; or (ii) other information, either oral or in writing, and either verified on oath or otherwise as may be directed, that may in any way relate to matters referred to in clause (a); (

e) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with; (

f) administer all oaths and take all affidavits and statutory declarations required or authorized to be made under this Act, and to summon any person to give evidence in connection with any investiga tion, inquiry, or examination. 26. There may be employed pursuant to the provisions of The Public Service Act, 1968, an Administrator and such officers, clerks and employees as are necessary for the administration of this Act. 27. The Commission is responsible to the Minister for the administration of this Act. 8 28. The Commission is responsible (

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

(

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

c) to develop and conduct educational programs de signed to eliminate discriminatory practices re lated to race, religious beliefs, colour, sex, age, ancestry or place of origin. 29. The Minister shall lay before the Assembly within fifteen days after the commencement of each Session an annual report of the COBlmission, including a survey of all complaints and prosecutions under the Act during the previous year. 9

There is no comparable reporting obligation within the existing Alberta Human Rights Act. 9

PART IV COMPLAINTS AND PROSECUTIONS 30.

(1) Every complaint under subsection (2) shall be in writing and shall be mailed or delivered to the Adminis trator at his office.

(2) Where a person complains that (

a) he or she has been discriminated against contrary to

section 13; (

b) he or she has been denied accommodation, services or facilities or discriminated against contrary to

section 14; (

c) he or she has been denied occupancy or discrimin ated against, contrary to

section 15; (

d) she has been discriminated against, contrary to subsection (1) of

section 16; (

e) he or she has been refused employment, discharged or discriminated against, contrary to subsection (1) of

section 17; (

f) that there has been discrimination contrary to

section 18; (

g) he or she has been excluded, expelled, suspended or discriminated against, contrary to

section 19; (

h) any other contravention of this Act has taken place; the Administrator shall inquire into the complaint.

(3) The Administrator shall endeavour to effect a settle ment of the matter complained of.

(4) If the matter complained of is not settled under sub~ section (3), the Administrator shall refer the matter to the Commission.

(5) If, in the opinion of the Commission, a complaint referred under subsection (4) is without merit, the Com mission may dismiss the complaint at any stage of proceed ings.

(6) If, in the opinion of the Commission, a person named in a complaint referred under subsection (4) has contra vened any provision of this Act, the Commission: 10 (

a) shall make an order directing the person to cease the contravention; (

b) may, in the same order or in a subsequent order, direct the person to rectify the contravention; and (

c) may include in an order a direction (

i) that an employer employ or re-employ a person and pay the person the sum equal to wages lost by reason of the contravention; or

This is a major difference from the existing Alberta Human Rights Act

section 12(1)-the appointment of a board of inquiry is only upon the recommendation of the Administrator under The Alberta Human Rights Act and dependent also upon the discretion of the Minister. 10

(ii) that a trade union, employer's organization or occupational association include a person in membership or reinstate him as a member; (

d) shall publish such order and the reasons therefor in such manner as it deems advisable; and the order is final, subj ect to appeal pursuant to the provisions of

section 35.

(7) If, after service of the order and after the expira tion of fourteen days from the date of the order or the date provided in the order for compliance, whichever is the later, a person requests the Commission to file a copy of the order in the Supreme Court, the Commission may file a copy of the order with the Clerk of the Court in the judicial district where the inquiry was held and an order so filed is enforceable as a judgment or order of that court. 31.

(1) A person who contravenes any order of the Com mission is guilty of an offence and is liable upon

summary conviction, (

a) if an individual, to a fine of not more than one hundred dollars for a first offence and of not more than two hundred dollars for a second or subsequent offence, or (

b) if a corporation, trade union, employers' organiza tion or employment agency, to a fine of not more than five hundred dollars for a first offence and of not more than one thousand dollars for a second or subsequent offence.

(2) Where an employer is convicted by reason of his hav ing suspended, transferred, laid off or discharged an em ployee contrary to this Act, the convicting magistrate (

a) may, in addition to any other penalty, order the employer to pay to the employee compensation for loss of employment not exceeding the sum that in the opinion of the magistrate is equivalent to the wages, salary or remuneration that would have accrued to the employee up to the date of the con viction but for the suspension, transfer, lay-off or discharge, and (

b) may order the employer to reinstate the employee in his employ, at such date as in the opinion of the magistrate is just and proper and in the position the employee would have held but for the suspension, transfer, lay-off or discharge. 32.

(1) Where a person has been convicted of a violation of this Act, the Administrator may apply by way of origin ating notice to a judge of the Supreme Court for an order enjoining such person from continuing such violation.

(2) The judge, in his discretion, may make such order, and the order may be enforced in the same manner as any other order or judgment of the Supreme Court. 11

The obligation to publish the recommendations of the board of inquiry is merely permissive in

section 16(1) of The Alberta Human Rights Act. There is a maj or difference between this Act and the existing Alberta Human Rights Act. In this Act, the Commission can issue an order-under The Alberta Human Rights Act, the board of inquiry by sections 15 and 16 merely reports recommendations and then the Minister may issue orders to carry the recommendations into effect. This is a major difference from the existing Alberta Human Rights Act-section 19 of that Act requires the consent of the Minister for any prosecutions for an offence under the Act. 11

33. A prosecution for an offence under this Act may be instituted against a trade union or employers' organization or occupational association in their name and any act or thing done or omitted by an officer, official, or agent of a trade union or employers' organization or occupational association within the scope of his authority to act on its behalf shall be deemed to be

an act or thing done or omitted by the trade union or employers' organization or occupa tional association, as the case may be. 34.

(1) No member of the Commission, nor the Admin istrator, shall be required by any court to give evidence relative to information obtained for the purpose of this Act.

(2) No proceeding under this Act shall be deemed invalid by reason of any defect in form or any technical irregularity. 35.

(1) Where the Commission finds a complaint to be justified, in whole or in part, the person against whom the finding was made may appeal therefrom to the Supreme Court within the time limited by subsection (2).

(2) The person appealing (

a) shall file a notice of appeal, naming the Adminis trator as respondent, with the clerk of the court of the judicial district wherein the inquiry was held, and (

b) shall serve a copy of the notice of appeal upon the Administrator within thirty days of the date he was furnished with a copy of the recommendations and findings of the Commission.

(3) The Supreme Court shall hear and determine the appeal by holding an inquiry de novo and may confirm, reverse or vary the findings of the Commission. 36. Any person who has submitted a complaint to the Administrator pursuant to subsection (2) of

section 30 and objects to the dismissal of such complaint by the Com mission pursuant to subsection (5) of

section 30, may re quest the Ombudsman to review the complaint pursuant to the provisions of The Ombudsman Act. 12 37. In this Act, (a) "employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and em ployees; (b) "employment agency" includes a person who under takes with or without compensation to procure em ployees for employers and a person who undertakes with or without compensation to procure employ ment for persons;

No comparable specific remedy exists under The Alberta Human Rights Act. 12

(c) "Minister" means the member of the Executive Council charged with the administration of this Act; (d) "occupational association" means any group other than a trade union or employers' organization in which membership is a prerequisite to carrying on any trade, occupation or profession; (e) "person", in addition to the extended meaning given it by The

Interpretation Act, 1958, includes an em ployment agency, an employers' organization and a trade union; (I) "trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers. 38. The Human Rights Act, being

chapter 39 of the Statutes of Alberta, 1966, and The Sex Disqualification Re moval Act, being

chapter 310 of the Revised Statutes of Alberta, 1955, are hereby repealed. 39. This Act comes into force upon a date to be fixed by proclamation. 13

13 Title: 1970 (16th, 3rd) Bill 140,

An Act for an Alberta Bill of Rights

Document details

Collection	Alberta — Bills
Citation	L16 S3 4832
Type	bill
Volume / chapter	L16 S3 4832
Language	en
Format	json
Source	PROVINCIAL
Identifier	1efb42d1dc43fad9a0d737b1416ad48ce3149158

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