BILL 34

An Act to Amend the Human Rights Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The preamble of the French version of the Human Rights Act, chapter 171 of the Revised Statutes, 2011, is amended in the second paragraph by striking out “la négligence” and substituting “l’oubli”.

2 Section 2 of the Act is amended

(a)  by repealing the definition “Board”;

(b)  in the definition « incapacité mentale » in the French version by striking out “toute difficulté d’apprentissage” and substituting “tout trouble d’apprentissage”.

3 The heading “Discrimination en matière de logement et de services” preceding section 6 of the French version of the Act is repealed and the following is substituted:

Discrimination en matière d’hébergement et de services

4 Subsection 6(1) of the French version of the Act is amended

(a)  in paragraph a) by striking out “le logement” and substituting “l’hébergement”;

(b)  in paragraph b) by striking out “au logement” and substituting “à l’hébergement”.

5 Subsection 7(1) of the Act is amended by repealing the portion following paragraph (b) and substituting the following:

a notice, sign, symbol, emblem or other representation indicating discrimination or an intention to discriminate against any person or class of persons because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity.

6 The heading “Discrimination by association or business” preceding section 8 of the Act is repealed and the following is substituted:

Discrimination by a professional, business or trade association

7 The heading “Exception” preceding section 9 of the Act is repealed and the following is substituted:

Exception - social condition

8 Section 11 of the Act is amended by striking out “deny, evict” and substituting “evict, deny a right or benefit to”.

9 The heading “Educational programs” preceding section 14 of the Act is repealed and the following is substituted:

Commission may approve programs

10 Section 17 of the French version of the Act is amended by striking out “dans les formes prescrites” and substituting “selon la formule prescrite”.

11 The heading “Grievance procedure” preceding section 19 of the English version of the Act is repealed and the following is substituted:

Complaint procedure

12 Subparagraph 20a)(iii) of the French version of the Act is amended by striking out “au logement” and substituting “à l’hébergement”.

13 Subsection 22(2) of the French version of the Act is amended by striking out “commis une infraction à” and substituting “violé”.

14 The heading “Board of Inquiry” preceding section 23 of the Act is repealed and the following is substituted:

Labour and Employment Board

15 Section 23 of the Act is repealed and the following is substituted:

Labour and Employment Board

23(1) If the Commission is unable to effect a settlement of the matter complained of and is satisfied that an inquiry into the matter is warranted in the circumstances, it shall institute an inquiry by referring the matter to the Labour and Employment Board established under the Labour and Employment Board Act.

23(2) Without delay, the Commission shall notify the parties referred to in paragraphs (5)(b) and (c) that the matter has been referred to the Labour and Employment Board, and it shall then be presumed conclusively that the Board was constituted in accordance with the Labour and Employment Board Act.

23(3) The Labour and Employment Board has all of the powers of a conciliation board under the Industrial Relations Act.

23(4) In conducting an inquiry, the Labour and Employment Board shall give all parties full opportunity to present evidence and make presentations, in person or by counsel or agent.

23(5) The parties to an inquiry are

(a)  the Commission, which, subject to subsection (4), shall have carriage of the complaint,

(b)  the person named in the complaint as the complainant,

(c)  any person named in the complaint who is alleged to have violated this Act, and

(d)  any other person that the Labour and Employment Board determines.

23(6) At the conclusion of an inquiry, if the Labour and Employment Board does not find on a balance of probabilities that a violation of this Act has occurred, it shall dismiss the complaint.

23(7) At the conclusion of an inquiry, if the Labour and Employment Board finds on a balance of probabilities that a violation of this Act has occurred, it may order a party found to have violated the Act

(a)  to do, or refrain from doing, any act or acts so as to effect compliance with the Act,

(b)  to rectify any harm caused by the violation,

(c)  to restore a party adversely affected by the violation to the position that party would have been in but for the violation,

(d)  to reinstate a party who has been removed from a position of employment in violation of the Act,

(e)  to compensate a party adversely affected by the violation for any consequent expenditure, financial loss or deprivation of benefit, in the amount that the Labour and Employment Board considers just and appropriate, and

(f)  to compensate a party adversely affected by the violation for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in the amount that the Labour and Employment Board considers just and appropriate.

16 Section 24 of the Act is repealed and the following is substituted:

Orders and decisions

24(1) The Labour and Employment Board shall provide the parties and the Minister with copies of the decisions and orders it makes under section 23 in writing together with reasons.

24(2) The decisions and orders of the Labour and Employment Board under section 23 are final.

24(3) The Minister may publish an order or decision of the Labour and Employment Board under section 23 in the manner the Minister considers appropriate.

24(4) If the Labour and Employment Board makes an order under subsection 23(7), it or a party to the inquiry may file a certified copy of the order in The Court of Queen’s Bench of New Brunswick and the order shall be entered and recorded and, when entered and recorded, becomes a judgment of the Court and may be enforced as a judgment of the Court.

24(5) All reasonable costs and charges attendant on the filing, entering and recording of an order under subsection (4) may be recovered in the same manner as if the amount had been included in the order.