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Volume 63, No. 15

201/2020

The British Columbia Gazette,

Part II

August 11, 2020

B.C. Reg. 201/2020 , deposited August 4, 2020, under the HUMAN RIGHTS CODE AMENDMENT ACT, 2018 [section 20] and the HUMAN RIGHTS CODE [section 49 (2)]. Order in Council 455/2020, approved and ordered August 4, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective September 1, 2020,

(

a) the following provisions of the Human Rights Code Amendment Act, 2018 , S.B.C. 2018, c. 48, are brought into force:

(

i) section 2;

(ii)

section 10, as it enacts

section 47.12 (1) (

l) of the Human Rights Code , R.S.B.C. 1996, c. 210;

(iii)

section 11, as it enacts sections 47.14 to 47.22 of the Human Rights Code , R.S.B.C. 1996, c. 210;

(iv) sections 13 and 14, and

(

b) the attached Human Rights Commissioner's Inquiry Regulation is made.

— D. EBY, Attorney General ; J. DARCY, Presiding Member of the Executive Council .

Human Rights Commissioner's Inquiry Regulation

Definitions

1 In this regulation:

"application" means an application to the commissioner under

section 47.16 [commissioner's order powers for inquiries] of the Human Rights Code , for variance or rescission of an order;

"order" means a written order made by the commissioner under

section 47.16 of the Human Rights Code .

Service of order

(1) An order may be served on the person who is subject to the order as follows:

(

a) by ordinary mail, registered mail or courier sent to the person's last known

address or to the address provided by the person for the purpose of receiving the

order;

(

b) by email sent to the email address provided by the person for the purpose

of receiving the order;

(

c) by email sent to the person's last known email address.

(2) An order sent as contemplated by subsection (1) (

c) is not effectively served

unless the person who is subject to the order confirms, either verbally or by email,

that the order was received.

(3) An order is deemed to have been received by the person who is subject to the

order

(a) 8 days after the order is mailed, if the order is sent by ordinary mail as

contemplated by subsection (1) (a), or

(b) 3 days after the order is sent, if the order is sent by email as contemplated

by subsection (1) (b).

(4) An order is conclusively deemed to have been received by the person who is

subject to the order

(a) 8 days after the order is mailed or received by the courier, unless the person

actually received the order before that day, if the order is sent by registered mail

or courier as contemplated by subsection (1) (a), or

(

b) on the date the person who is subject to the order confirms, in accordance

with subsection (2), that the order was received, if the order is sent by email as

contemplated by subsection (1) (c).

Application for variation or rescission

3 An application must

(

a) be made in writing,

(

b) be sent by ordinary mail, registered mail, courier or email, and

(

c) include the following information:

(

i) the applicant's name;

(ii) the applicant's address, phone number and email address;

(iii) the reason why the order should be varied or rescinded;

(iv) a description of the requested variance, if applicable;

(

v) any information required by the commissioner to decide the application.

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