Bill 217 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 217 An Act To Amend' the Indivi'Dual'S Rights Protectio'N Act (Legislature 18, Session 2)

L18 S2 5678

Alberta — Bills

1976 Bill 217 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 217

AN ACT TO AMEND' THE INDIVI'DUAL'S RIGHTS PROTECTIO'N ACT MR. NOTLEY First Reading .............................. . Second Reading ............................ . Third Reading ............................. . PrInted by the Queen's Printer for the Province of Alberta, EDMONTON

Mr. Notley Bill 217 BILL 217 1976

AN ACT TO AMEND THE, INDIVIDUAL'S RIGHTS PROTECTION ACT (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Individual's Rights Protection Act is hereby amended. 2, The words "race, religious beliefs, color, sex, age, an cestry or place of origin" are struck out wherever they ap pear in the Act and the words "race, religious beliefs, color, sex, age, ancestry, marital status or place of origin" are substituted therefor.

Section 5 is amended: (

a) by striking out the words "similar or substantially similar" wherever they occur, and by substituting therefor the words "equivalent or substantially equivalent", and (

b) as to subsection (1) by adding at the end of clause (

b) thereof the words, "and the skill, effort and res ponsibility necessary for the performance of the work shall be recognized as principal factors in de fining what is equivalent or substantially equival 'ent work."

Explanatory Notes I. The Individual's Rights Protection Act amended. 2. Marital status is added as a forbidden basis for discrimination.

Section 5 now reads: 5.

(1) No employer shall (

a) employ a female employee for any work at a rate of pay that is less than the rate of pay at which a male employee is employed by that employer for a similar or substantiallY similar work, or (

b) employ a male employee for any work at a rate of pay that is less than the rate of pay at which a female employee is employed by that employer for similar or substantially similar work.

(2) Work for which a female employee is employed and work for which a male employee is employed shall be deemed to be similar or substantially similar if the job, duties or services the employees 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 would normally justify such a difference.

(4) No employer shall reduce the rate of pay of an employee in order to com ply with this section.

(5) Where an employee is paid less that the rate of pay to which the em ployee is entitled under this section, the employee is entitled to recover from the employer by action the difference between the amount paid and the amount to which the employee was entitled, together with costs, but (

a) the action shall be commenced within 12 months from the date upon which the cause of action arose and not afterward, (

b) the action applies only to the wages of an employee during the 12- month period immediately preceding the termination of the employee's services or the commencement of the action, whichever occurs first, (

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

d) no complaint by the employee in respect of the contravention shall be acted upon by the Commission where an action has been commenced by the employee under this section.

Section 9 is struck out and the following is substituted therefor: 9. No trade union, employers' organization or occupa~ tional association shall (

a) exclude any person from membership therein, or (

b) expel or suspend any member thereof, or (

c) discriminate ·against any person or member, or (

d) negotiate any agreement that has the effect of discriminating against any person or member, because 'Of the race, religious beliefs, color, sex, age, an cestry, marital status or place of origin of that person or member. 5. This Act comes into force on the day upon which it is assented to. 2

Section 9 now reads: 9. No trade union, employers' organization or occupational association shall (

a) exclude any person from membership therein, or (

b) expel or suspend any member thereof, or (

c) discriminate against any person or member, because of the race, religious beliefs, colour, sex, marital status, age, ancestry or place of origin of that person or member. 2 Title: 1976 (18th, 2nd) Bill 217,

An Act to Amend The Individual's Rights Protection Act

Document details

Collection	Alberta — Bills
Citation	L18 S2 5678
Type	bill
Volume / chapter	L18 S2 5678
Language	en
Format	json
Source	PROVINCIAL
Identifier	dcf6a82e75a4cea06eac8c72022322a0cfa92117

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