Bill 2 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Asserdbly of Alberta the Individual'S Ri9H~S Protecfion Aci :Th-1R. G Hitter (Legislature 17, Session 1)

L17 S1 4983

Alberta — Bills

1972 Bill 2 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSErdBLY OF ALBERTA The Individual's Ri9h~s Protecfion Aci :Th-1R. G HITTER First Reading . . . . . . . . . .. . ................. . Second Reading ............................. . 'fhird l1eading . Prillted by L. S. \\'~Il. QU",'n':; Prinh'.', Edmvntoll

THE INDIVIDUAL'S RIGHTS PROTECTION ACT 1972 (Assented to , 1972)

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

WHEREAS it is recognized in Alberta as a fundamental principle and as a nlatter of public policy that all persons are equal in dignity and rights without regard to race, religious beliefs, colour, sex, age, ancestry or place of origin; and \VHEREAS it is fitting that this principle be affirmed by the Legislature of Alberta in an enactment whereby those rights of the individual nwy be protected: THEREFORE HE:R IVIAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, en~ctos as follows: 1.

(1) Unless it is expressly declared by

an Act of the Legislature that it operates notwithstanding this Act, every law of Alberta is inoperative to the extent :hat it, authorizes or requires the doing of anything prohibited by this Act. 0(2) In subsection (1), "law of Alberta" nl€gns (

a) any Act of the Legislature of Alberta enacted be fore, on or after the commencenlent of this Act, and (

b) any order, rule or regulation ll1ade or approved by the Lieutenant Governor in Councilor by a l\Iinistcl' of the Crown before, on or after the COll1mencerl1ent of this Act. Code of Conduct 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 repl;escnta tion indicating discrimination or an intention to discriIni nate against any person or class of persons for any pnr pose becatL;e of the race, religious beliefs, colonr, sex., age, ancestry or place of origin of that person or class of perSQllS.

Explanatory Notes General. This Bill will provide for an Individual's Rights Pro tection Act. 'Whereas The Alberta Bill of Rights has for its primary object the protection of individuals from the po\ver of the state to make laws that have discriminatory aspects, this Bill has as its primary object the protection of individuals from discriminatory acts and practices by his fellow citizens. It is aimed at preventing those discriminatory practices and, where they occur, at bringing them to an end by negotiation and voluntary settlement and fail ing that, by enforcement.

The Bill will create the Alberta Human Rights Commission which will have the general administrative responsibility for administering the Act and will function primarily in the area of public education to minimize discrimination and to effect the settlement of complaints. This Bill will repeal the present Human Rights Act,

chapter 178 of the Revised Statutes of Alberta 1970 . . I. This

section has the effect of overriding and rendering in operative any other law of Alberta (as defined) that purports to authorize or require the doing of anything prohibited by this Act. The only exception would be a case where the Legislature itsel£ dec1.:ired tJ.at that provision was to operate notwithstanding The Individual's Rights Protection Act. 2. Prohibition against notices, signs etc., indicating discrimina tion or an intention to discriminate.

(2) Nothing in this

section shall be deemed to interfere with the free expression of opinion upon any subject. 3. No person, directly or indirectly, alone or with an other, by hinlself or by the intel'position of another, shall (

a) deny to any person or class of persons any accom modation, services or .facilities customarily avail able 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, sex, 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 an other, by hinlself 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 other wise in any way represented as being available for occupancy by a tenant, or . (

b) discriminate against any person or class of persons with res,pect to any term or condition of the ten ancy of any conlmercial unit or self-contained dwelling unit 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. 5.

(1) No employer shall employ a female employee for any \vork at a rate of pay that is less than the rate of pay at which a male employee is employed by that em ployer for similar or substantially sinlilar work. (2) \Vork for which a female employee is enlployed and work for \vhich a male employee is enlployed shall be deemed to be similar or substantially similar if the job, duties or services the ernployees are called upon to perform are similar or substantially similar.

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

section if the factor on which the difference is based \"voulcl normally justify such a difference. ,.

(4) No employer shall reduce the rate of pay of an em ployee in order to comply with this section. 2

3. Prohibition of discriminatory practices in public accom modation, services etc. 4. Prohibition against discriminatory practices in renting ac commodation. 5. Prohibition against discriminatiDn in ra tes of pay to male c:nd female employees. This is the same as sections 119, 120 and 126 in

Part 6 of The Alberta Labour Act, which Part will be repealed by this Bill. 2

(5) Where an employee is paid less than the rate of pay to \vhich she is entitled under th's section, she is entitled to 1'2co\'e1' from her employer by 'action the difference be tween the anlount paid and the amount to which she \vas entitleel, together with her costs, but (

a) the action shall be commenced within 12 months fronl the date upon whi~h the cause of action arose, and not afterward, (

b) the action applies only to the wages of an employee during the 12-1nonth pedod immediately preceding the termination of her services or the commence ment of her action, whichever occurs first, (

c) the action may not be commenced or proceeded with where the employee has made a complaint to the Commission in respect of the contravention of this section, and (

d) no complaint by the employee in respect of the contravention shall be acted upon by the Comnlis sion where an action has been comnlenced by the employee under this section. 6. (1 ) No employer or person acting on behalf of an employer shall (

a) refuse to employ or refuse to continue to employ any 'perSOll, or (

b) discriminate against any person with regard to employment or any ternl or condition of enlploy ment, because of the race, religious beliefs, colour, sex, nlalital status, age, ancestry or place of origin of that person or of any other person.

(2) The provisions of subsection (1) relating to age shall not affe~t the operation of any bona fide retirement or pension plan or the ternlS or conditions of any bona fide group or eDlployee insurance plan. (3) Subsection (1) does not apply with respect to a re fusal, limitation, specification or preference based on a bona fide occupational qualification. 7.

(1) No person shall use or circulate any form of application for employment or publish any advertisenlellt in connection wit.h employnlent or prospective employnlent or make any \vritten or oral inquiry of an applicant, (

a) that expresses either directly or jndirectly any limitation, specification or preference as to the race, religious beliefs, colour, sex, 'age, ancesh'Y or place of origin of any person, or 3

6. Prohibition against discriminatory practices in employment. 7. Prohibition against discriminatory practices in advertising employment opportunities or in making inquiries of applicants for err:p!oyment. 3

8. Prohibition against discriminatory practices in relation to membership in a trade union, employers' organizaUon or occupa tional association. 9. Prohibition against punitive action against anyone for mak ing a complaint under the Act or in any way assisting In carrying out the Act. 10.

(1) Crown bound by prohibitions.

(2) Government powers in relation to the form of certain contracts to prevent discriminatory practices. If. Establishment of the.' Alberta HurmlIl Rights Commission. 4

(

b) t~!~ t requires an applicant to furnish any infonna h01l concenling race, religions beEefs, colour, an ces try or place of origin. (2) Subsection (1) c102S not apply with respect to a re fusal, limitation, specificatlon or preference based on a bone fide occupational qualification. 8. No trade union, employers' organization or occupa- tional association shall (

a) exclude any person from menlbership therein, or (

b) expel or suspend any menlber thereof, or (

c) discriminate against any person or TIlember, because of the race, religious beliefs, colour, sex, nlarital stp.tus, age, ancestry or place of origin of that person or member. 9. No person shall evict, discharge, suspend, expel, in tin1idate,coerce, impose any pecuniary or other penalty upon, or otherwise c1iscl'1iminat.e against any person because that ,person has made a conlplaint or given evidence or assisted in any ,"vay in respect of the initiation or prosecn tion of acoTIlplaint or other proceeding under this Act. 10.

(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 nlay by regula tioI!3 require that contracts designated or classified in the regulations 'and entered into by (

a) the Crown in right of Alberta or a TIlenlber of the Executive Council of Alberta acting for and on be talf of the Crown; (

b) a municipal corporation in Alb2rta; (

c) t.he board of trustees of a school district 01' school division in Alberta; (

d) the bo::rc1 of a hospital as defined in The Alberta, Hospitals Act; shall contain such provisions as Inay be specified in the regulations, in such f01'n1 and terms as the regulations nlay provide, for the purpose of secur,ing the observance, as far as possible, of the provisions of sections 2 to 9. Alberta Human r.ir,lifs Commission 11.

(1) There shall be a comnlission to be known as the "Alberta Human Rights Comnlission" which shall con sist of such l1Frnber of Dlembers as nlay be appointed by the Lieutenant Governor in Council. 4

(2) The Lieutenant Governor In Conncil may designate one of the T!lenlbers as chairman of the Commission.

(3) The chairman and other members of the Commission shall receive such remuneration for their services as may b€ prescribed by the Lieutenant Governor in Council. 12. The Commission is responsible to the l\Iinister for the administration of this Act. 13.

(1) It is the function of the Comnlission (

a) to forward the principle that every perSOll is equal in dignity and rights without regard to race, reli gious beliefs, colour, sex, 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 pro grams designed to eliminate discrirl1inatory prac tices related to race, religions beliefs, colour~ sex, age, ancestry or place of orig,in, and (

d) to encourage and co-ordinate both public and pri vate human rights programs and activities.

(2) The COlllmission may delegate to one or 11lore of its members any of the functions or duties of the C011lmission.

(3) The Lieutenant Governol' in Council may 11lake reg ulations adding to or extending the functions of the Conl m'ission and respecting any matter necessary 01' advisable to carry out effectively the intent and purpose of this Act. 14. In accordance \vith The Public Se1'1)ice Act, there may be appointed a DirerJor o-r the Commi~;:;bn and such other enlployees as may be required for the purpose of enabling the Commission to carryon the administration of this Act. 15.

(1) The COD1111ission shall after the end of each year prepare and submit to the l\1inister a report of its activities during that year, including a survey of all C0111- plaints and prosecutions uncleI' this Act and such other in forma tion as the Minister n1ay require. (2) 'Vhen the report is receh'ed by him, the "l:.Iinister shall lay a copy of it before the L2g-islative Assenlbly if it is in session and if not, \vithin 15 days after the com mencement of the next ensuing session. 5

) 2. Commission responsible to Min;.~ter. 13. Functions of the Commission. 14. Staff. 15. Annual report of the Commission. 5

Enforcement i6.

(1) The Conln1ission shall as soon as is reasonably possible canse an investigation to be made into and shall endeavor to effect a settlen1ent of any complaint of an al leged contravention of this Act where (

a) a person who believes he has been discriminated against contrary to this Act 111akes a complaint in writing to the Commission, or (

b) the Commission has reasonable grounds for believ ing that a cOlllplaint exists.

(2) The COlllmission shall, before commencing an in vestigation under subsection (1), give written notice of the complaint and of the Commission's intention to invest igate it, to the ·person against \vhom the complaint was mHde.

(3) Any complaint filed pursuant to this

section by an aggrieved person must be filed within six months after the alleged contravention of this Act.

(4) If, in the opinion of the Commission, a complaint is without n1erit, the Commission may disnliss the complaint at any stage of proceeding. 17.

(1) If the Comn1ission is unable to effect a settle ment of the matter complained of, the l\tIinister n1ay, on the request of the Comn1ission, appoint a boal'a of inquiry com posed of one or more persons to investigate the matter.

(2) The l\finister shall forthwith comnlunicate the nanles of the members of the board of inquiry to the parties to the complaint.

(3) The Lieutenant Governor in Council nlay determine the rate of remuneration of the chairman and n1en1bers of boards of inquiry. 18. (

J) A board of inquiry and each n1ember thereof has all the powers of a cOlnnlissioner appointed under The P~iblic Inquiries Act.

(2) If a board of inquiry is composed of more than one person, the recon:nlenc1ations of the Inajority are the recom menda tions of the board. 1D.

(1) A board of inquiry shall give the parties to the complaint full opportunity to be represented by counsel, to present evidence and to make SUb1l1issions.

(2) The board of inquiry nlay receive and accept what ever evidence and inforn1ation on oath, affidavit,. or other wise it, in its discretion, deen1s fit and proper, whether ad missible as evidence in a court of law or not. 6

IC. Initial action by Commission on receiving a complaint or where it believes a complaint exists. 17. Appointment of board of inquiry where the Commission is unable to effect a settlement. 18. Powers of board of inquiry. Majority recommendations are binding. I ~). Proceedings of board of inquiry. 6

(3) The Acl'fm:nistTative Procedures Act applies to the proceedings of a board of inquiry. 20.

(1) A board of inquiry shall submit a report of its inquiry to the Commission within 14 days, exclusive of Saturdays and holidays, after its appointInent or within such longer period as the Minister may approve.

(2) In its report a board of inquiry shall state \'lhether it found the complaint to be justified or not.

(3) After a board of inquiry has nlade its report, the Comnlission may direct it to clarify or amplify any of its findings or recomnlendations and the report shall be deem ed not to have been received by the Commission until they have been so clarified or anlplified.

(4) Upon receipt of the report of a board of inquiry, the Commis~ion shall furnish a copJr thereof to each of the persons affected and, if it considers it advisable, shall pub lish the report in such manner as it considers fit. 21. (1) vVhere a board of inquiry finds a complaint to be justified, in whole or in part, it shan in the report re commend the course of action it thinks ought to be taken ,vith respect to the complaint.

(2) If the Conlmission cannot effect a settlement on the course of action to be taken \'lith the person against Wh0111 the finding was nlade within 30 days of the date he was furnished with a copy of the report of the board of inquiry, the Conlmission shall fortlndth deliver all of its files and other records pertaining to the conlplaint to the Attorney General.

(3) The Attorney General may. within 30 days after receiving the Comnlission's files and other records pursuant to subsection (2), apply to the Suprenle Court of Alberta for an order under subsection (5) by \vay of originating notice of motion filed in the office of the clerk of the court of the judicial district in which the inquiry of the board of in- quiry was held. .

(4) The judge hearing the motion shall hold an inquiry de novo and nlay confirnl, reverse or vary the findings and recommendations of the board of inquiry and may make an order unclel' subsection (5).

(5) Th::! judge in his discretion 11lay nlake an order direc ting the person against whonl the finding was nlade to do any or all of the folIo lying: (

a) to cease the contravention conlplaincc1 of or to re frain in futUl'C from comnlit.ting the same 01' allY similar contravention; 7

20. Report of board of inquiry. 21. Where the Commission is unable to effect a settlement on the basis of the report of the board of inquiry, it may refer the matter to the Attorney General who may in turn apply to the Supreme Court which in. turn may make an order it considers appropriate in the circumstances.

(

b) to make available to the person discrinlinated aO"ainst the rights, opportunities or privileges he W~'1s denied contrary to this Act; (

c) to compensate the person discrinlinated against for all or any part of any wages or incoT~le l?s~ or ex penses incurred by reason of the dlSCnnllnatory action; (

d) to take such other action as the judge considers ,proper to place the pel'SOp discriminated against in the position he would have been but for the contravention of this Act; (

e) to pay to the Crown a. penalty of (

i) not more that $200, in the case of an indi vidual, or (ii) not more than $1000, in the case of a corpora tion, trade union, employers' organization, em ploynlent agency or occupational association; and the order may be enforced in the sanle manner as any other order of the Suprenle Court. 22. (1) 'iYhere a board of inquiry finds a complaint not to be justified, the person who submitted the complaint may appeal therefrolLl to the SUpl'enle Court in accordance with this section. (2) \Vhere a board of inquiry finds a compla.int to be justified, in whole or in part, the person against whom the f.inding was made nlay appeal therefrom to the Suprenle Court in accordance with this section.

(3) An appeal under this

section sllall be TIlade by way of an originating notice of motion filed with the clerk of the court of the judicial district in which the inquiry was held.

(4) The ol'iginating notice of motion (

a) shall be filed ,yith the clerk of the court "\yithin 30 days of the date the appellant was fnl'nished wi th a copy of the report of the board of inquiry; (

b) shall be returnable on a date not later than 15 days after the date it is filed with the clerk; (

c) shall show as a respondent the conlplainant or the person against whonl the finding of the board of inquiry was llwde, as the case 11Iay be; (

d) shall shc·w the Commission as a nODIinal res pondent for ~he purpose only of allowing the C0111- mission to be notified of the TIlotion and subsequent proceedings.

(5) The Supreme Court shall h2ar and determine the appeal by holding an inquiry de novo and nIfty conrirnl, 8

8 22. Appeal to the Supreme Court from the finding of the board of inquiry on whether the complaint was justified or not.

reverse or vary the findings and recommendations of the board of inquiry and nwke any order that may be made under

section 21, subsection (5). 23. (1) 'Vhere an order of the Supreme Court under sec tion 21 or 22 did not direct a person to cease the contraven tion complained of, the Attorney General may subsequently apply by way of originating notice of motion to the Su preme Ceurt for an order enjoining the person from con tinuing the contravention.

(2) The judge, in his discretion, may make the order, and the order may he enforced in the same manner as any other order -of the Sllprenle Court. 24,.

(1) Any proceedings under this Act may be institu ted again.st a trade union or employers' organization or occupational association in its name.

(2) Any act or thing done or -omitted by an officer, official, or agent of a trade union or employers' organiza tion 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 occupational association, as the case may be. 25.

(1) No nlembeI'of the Comlnission, nor the Dire(;tor or any employee 111entioned in

section 14, shall be required by any court to give evidence relative to information ob tained for the purpose of this Act.

(2) No proceeding under this Act .s1-jall ':)3 deemed ir. valid by reason of any defect in form or any technical irregularity. 26. The Ombuds1Jzan Act applies to the activities of the Commission and every board of inquiry appointed under this Act. 27. In this Act (a) "age" 11leans any age of 45 years or lllore and less than 65 years; (b) "comnlercial unit" 11leans any building- or other structure 01' part thereof that is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, process ing, reprocessing, displaying, storing, handling, garaging 01' distribution of personal property, or any space that is used or occupied or is intended, 9

23. Injunction against continuing the contravention. 24. Proceedings against trade unions, employers' organization and occupational associations. 25. Confidentiality of information in the Commission's hands. Validity of proceedings not affected by technical defects. 2G. Application of The Ombudsman Act. 27.

Definitions. 9

arranged or designed to be used or occupied as a separate business or professional unit or office in any building or other structure or in a part thereof; (

c) HConlmission" means the Alberta Hunlan Rights Comnlission; (d) "Director" means the Director of the Commission; (e) "employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and em ployees; (f) "employment agency" includes a person ,vho under takes with or without compensation to procure en1- ployees for employers and a person ,vho undertak::!s with or without compensation toprocul'e enlploy ment for ·persons; (g) "l\:1inister" me~'.ns the member of the Executive Council charged with the adnlinistration of t.his Act; ('h) "occupational association" means any organization other than a trade union or enlployers' organization .in ,vhich nlembership is a prerequisite to carrying on any trade, occupation or profession; (i) "person", in addition to the extended meaning given it by The

Interpretation Act, includes an employ ment agency, an employers' organization, an oc cupational association and a trade union; (j) "trade union" TI1eanS an organization of employees formed for purposes that include the regulation of relations between employees and employers . .28. The Human Rights Act is repealed. 29. The Alberta Labou1' Act is amended by striking out

Part 6. 30. This Act conIes into force on a date to be fixed by ProcIa ma ti on. 10

28. This Bill will repe?l

chapter 178 of thE" Rr~Yised Statutes of Alberta 1970. 29.

Chapter 196 of the Revised Statutes of Alberta 1970 is amended by strikillg out

Part 6 entitled "Equal Pay": see

section 5 of this Bill. 10 Title: 1972 (17th, 1st) Bill 2, The Individual's Rights Protection Act

Document details

Collection	Alberta — Bills
Citation	L17 S1 4983
Type	bill
Volume / chapter	L17 S1 4983
Language	en
Format	json
Source	PROVINCIAL
Identifier	d199116075c10c7a6bf98883cddcb55f042358b9

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