Bill 55 (Legislature 15, Session 3)

L15 S3 1359

Alberta — Bills

No. 55 3rd Session, 15th Legislature, Alberta 14 Elizabeth II ; i BILL 5S A Bill respecting Ruman Rights RON. MR. REIERSON Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. For the reasons set out in the

preamble, this Bill is intended to discourage certain discriminatory practices and to establish pro cedures for dealing with specific cases of discrimination. This is to be done as far as possible by means of education and conciliation rather than by prosecution. 2. Effect of Act on other Acts. 3. Prohibition against discrimination in places where public is customarily admitted, e.g., restaurants, shops, hotels, etc.

BILL No. 55 of 1966

An Act respecting Human Rights (Assented to , 1966)

WHEREAS the Legislative Assembly of Alberta affirms that our Nation is found·ed upon principles that acknowledge the supremacy of God, the dignity and worth of the person and the position of the family as the founda tions of freedom and justice in a democratic society; and WHEHEAS it is recognized in Alberta as a fundamental principle that all persons are equal in dignity and human rights without regard to race, religous heliefs, colour, an cestry or place of origin; and

WHEREAS it is fitting that this principle he reaffirmed by the enactment of a measure whereby the rights of the individual may be safeguarded: THER:E~ORE, Her Majesty, by and with the advice and consent of the Legislative Assemhly of the Province of Alherta, enacts as follows: 1 .. 'This Act may be cited as "The Human Rights Act". 2. Nothing in this Act shall be construed as enlarging o'r restricting or otherwise altering the force and effect of any provision in any other Act.

PART 1 CODiE OF CONDUCT 3. 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) discriminate against any person or class of persons with respect to the accommodation, .services or f!lci~ ities available in any place to WhICh the publIc IS customarily admitted, 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.

4. Discrimination in employment prohibited. 5. Advertisements and application forms for employment regu lated to discourage discrimination. G. Exceptions to prohibitions in clauses 4 and 5. 7. Trade unions and employers' organizations are not to dis criminate with respect to membership. 8. Protection of persons who give assistance in respect of com plaints under the Act. 9. Application of Act to the Crown. 2

4. No employer or person acting on behalf of an em ployer shall (

a) refuse to employ or refuse to continue to employ any person, or (

b) discriminate against any person with regard to employment or any term or condition of employ ment, because of his race, religious beliefs, colour, ancestry or place of origin. 5. No person shall use or circulate any form of applica tion for employment or publish any advertisement in con nection with employment or prospective employment or make any written or oral inquiry of an applicant, (

a) that expresses either directly or indirectly any limitation, specification or preference as to the race, religious beliefs, colour, ancestry or place of origin of any person, or (

b) that requires an applicant to furnish any informa tion concerning race, religious beliefs, colour, an cestry or place of origin. 6. Sections 4 and 5 do not apply with respect to (

a) a domestic employed in a private home, or (

b) an exclusively religious, philanthropic, educational, fraternal or social organization that is not oper ated for private profit or any organization that is operated primarily to foster the welfare of a reli gious or ethnic group and that is not operated for private profit, or (

c) a refusal, limitation, specification or preference based on a bona fide occupational qualification. 7. No trade union or employers' organization 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 race, religious beliefs, colour, ancestry or place of origin. 8. No person shall evict, discharge, suspend, expel or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Act. 9. The prohibitions contained in this Act apply to and bind the Crown in right of Alberta and every agency thereof. 2

10. Complaints of discrimination may be made to the Adminis trator. II. Administrator to endeavour to effect settlement of com plaints. 12. !Board of inquiry may be appointed where the Administrator is unable to effect a settlement. 13. Board to hold an inqutry as soon as possible. 14. Parties to the complaint entitled to make representations to the board. 15. Board to report to the Administrator. 16. Administrator may publish recommendations of a board of inquiry and Minister may issue order. 17. Duty to comply with order. 3

PART 2 COMPLAINTS O,F DISCRIMINATION 10. Any person who believes he has been discriminated against contrary to this Act may make a complaint in writ ing to the Administrator. 11. The Administrator shall cause an inquiry to be made into each complaint received by him and shall endeavour to effect a settlement of the matter complained of. 12.

(1) If the Administrator is unable to effect a settle ment of the matter complained of, the Minister may, on the recommendation of the Administrator, appoint a board of inquiry composed of one or more persons to investigate the matter.

(2) The Minister shall forthwith ,communicate the names of the members of the board of inquiry to the parties to the complaint. 13. As soon as possible after its appointment a board of inquiry shall inquire into the matters referred to it. 14. A board of inquiry shall give the parties to the com plaint full opportunity to present evidence and to make sub missions. 15.

(1) A board of inquiry shall submit a report of its inquiry to the Administrator within fourteen days, exclu sive of Saturdays and holidays, after its appointment or within such longer period as the Minister may approve.

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

(3) Where a board of inquiry finds a complaint to be justified, in whole or in part, it shall in the report recom mend the course of action it thinks ought to be taken with respect to the complaint. 16.

(1) Upon receipt of the recommendations of a board of inquiry, the Administrator shall furnish a copy thereof to each of the persons affected and, if he considers it ad visable, shall publish the recommendations in such manner as he considers fit.

(2) The Minister may issue whatever order he considers necessary to carry the recommendations of a board of inquiry into effect. 17. Every person in respect of whom an order is made under

section 16 shall comply with the order. 3

18. Offences. 19. Restriction on prosecutions. 20. Prosecution of trade unions and employers' organizations. 21. Injunctions. 4

PART 3 PROSECUTIONS 18.

(1) A person who contravenes this Act 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' organ ization 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 having suspended, transferred, laid off or discharged an employee 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 suspen sion, transfer, lay-off or discharge. 19. No prosecution for an offence under this Act shall be commenced except with the consent in writing of the Minister. 20.

(1) A prosecution for an offence under this Act may he instituted against a trade union or employers' organ ization in the name of the union or organization.

(2) Any act or thing done or omitted by an officer, official or agent of a trade union or employers' organization within the scope of his authority to act on behalf of the trade union or employers' organization shall be deemed to be

an act or thing done or omitted by the trade union or employers' organization. 21.

(1) Where a person has been convicted of a con travention of this Act, the Minister may apply by way of originating notice to a judge of the Supreme Court for an order enjoining the person from continuing the con travention. 4

22. Appointment Df Administrator. 23. Duties of Administrator. 24. Powers of a board of inquiry. 25. Regulations. 26.

Interpretation.

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

PART 4 AD,MINISTRATION 22. In accordance with The Public Service Act, 1962 there may be appointed an Administrator and such other employees as are required for the proper administration of this Act. 23,.

(1) The Administrator is responsible to the Minister for the administration of this Act.

(2) The Administrator has power to administer this Act and, without limiting the generality of the foregoing, it is the function of the Administrator, (

a) to forward the principle that ,every person is equal in dignity and rights without regard to race, re ligious beliefs, colour, 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 related to race, religious beliefs, colour, ancestry or place of origin. 24.

(1) A board of inquiry appointed under

section 12 has all the powers of a commissioner appointed under The Public Inquiries Act.

(2) If a board of inquiry is composed of more than one person, the recommendations of the majority are the recom mendations of the board.

(3) After a board of inquiry has made its recommenda tions, the Administrator may direct it to clarify or amplify any of them, and they shall be deemed not to have been received by the Administrator until they have been so clarified or amplified.

(4) The Lieutenant Governor in Council may determine the rate of remuneration of the chairman and members of boards of inquiry. 25. The Lieutenant Governor in Council may make regu lations adding to or extending the functions of the Adminis trator and respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. 26. In this Act, (a) "Administrator" means the person appointed under

section 22 to administer this Act; 5

27. Commencement of Act. 6

(b) (c) (d) (e) (I) "employers' organization" means an organization of employers formed for purposes that include the regulation of relations hetween employers and em ployees; "'employment agency" includes a person who under takes with or without compensation to procure em ploy.ees for employers and a person who undertakes with or without compensation to procure employ ment for persons; "Minister" means the memher of the Executive Council charged with the administration of this Act; "person", in addition to the extended meaning given it hy The

Interpretation Act, 1958, includes an em ployment agency, an employers' organization and a trade union; "trade union" means an organization of employees formed for purposes that include the regulation of relations hetween employees and employ.ers. 27. This Act comes into force upon a date to he fixed by proclama tion. 6

No. 55 THIRD SESSION FIFTEENTH LEGISLATURE 14 ELIZABETH II 1966 BILL

An Act respecting Human Rights Received and read the First time ......................................... . Second time ......................... . Third time ....................................... . HON. MR. REIERSON Title: 1966 (15th, 3rd) Bill 55,

An Act respecting Human Rights

Document details

Collection	Alberta — Bills
Citation	L15 S3 1359
Type	bill
Volume / chapter	L15 S3 1359
Language	en
Format	json
Source	PROVINCIAL
Identifier	ead9867aca59741e166a181e74e22fe305666f18

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