201/2020

O.C. 455/2020

August 4, 2020

September 1, 2020

Human Rights Code

Human Rights Commissioner's Inquiry Regulation

Definitions

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

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

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;

by email sent to the email address provided by the person for the purpose of receiving the order;

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

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.

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

8 days after the order is mailed, if the order is sent by ordinary mail as contemplated by subsection (1) (a), or

3 days after the order is sent, if the order is sent by email as contemplated by subsection (1) (b).

An order is conclusively deemed to have been received by the person who is subject to the order

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

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

An application must

be made in writing,

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

include the following information:

the applicant's name;

the applicant's address, phone number and email address;

iii

the reason why the order should be varied or rescinded;

a description of the requested variance, if applicable;

any information required by the commissioner to decide the application.

[Provisions relevant to the enactment of this regulation: Human Rights Code , R.S.B.C. 1996, c. 210, s. 49 (2).]