Bill 51 - An Act to Amend the Human Rights Act

BILL 51

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 Human Rights Act, chapter 171 of the Revised Statutes, 2011, is amended in the first paragraph by striking out “marital status, sexual orientation, sex” and substituting “marital status, family status, sexual orientation, sex, gender identity or expression”.

2 Section 2 of the Act is amended

(a) by repealing the definition “mental disability” and substituting the following:

“mental disability” includes (incapacité mentale)

(a) an intellectual or developmental disability,

(b) a learning disability, or dysfunction in one or more of the mental processes involved in the comprehension or use of symbols or spoken language, and

(b) in the definition “physical disability” in the English version by striking out “caused by” and substituting “resulting from”;

“delegate” means a person to whom duties and powers of the Commission are delegated under section 18.1 and includes a subdelegate. (délégataire)

3 The Act is amended by adding after section 2 the following:

Prohibited grounds of discrimination

2.1 For the purposes of this Act, the prohibited grounds of discrimination are

(a) race,

(b) colour,

(d) ancestry,

(e) place of origin,

(f) creed or religion,

(g) age,

(h) physical disability,

(i) mental disability,

(j) marital status,

(k) family status,

(l) sex,

(m) sexual orientation,

(n) gender identity or expression,

(o) social condition, and

(p) political belief or activity.

Exceptions

2.2 Despite any provision of this Act, a limitation, specification, exclusion, denial or preference on the basis of a prohibited ground of discrimination is not a discriminatory practice if the Commission has determined that it is based on a bona fide requirement or qualification that justifies the difference.

4 Section 4 of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

4( 1) No person shall, based on a prohibited ground of discrimination,

(b) in subsection (2) by striking out “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” and substituting “based on a prohibited ground of discrimination”;

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “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” and substituting “based on a prohibited ground of discrimination”;

(d) by repealing subsection (4) and substituting the following:

4( 4) No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of

(a) the use or circulation of a form of application for employment,

(b) the publication of an advertisement in connection with employment or causing its publication, or

(e) by repealing subsection (5);

(f) by repealing subsection (8) and substituting the following:

4( 8) The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to the operation of the terms or conditions of a bona fide group or employee insurance plan.

5 Section 5 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “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” and substituting “based on a prohibited ground of discrimination”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “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” and substituting “based on a prohibited ground of discrimination”;

(c) in subsection (3) by striking out “because of race, colour, religion, national origin, ancestry, place of origin, physical disability, mental disability, sexual orientation, sex, social condition or political belief or activity” and substituting “based on a prohibited ground of discrimination”;

(d) by repealing subsection (4).

6 Section 6 of the Act is amended

(b) by repealing subsection (2).

7 Section 7 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

7( 1) No person shall indicate discrimination or an intention to discriminate against any person or class of persons on the basis of a prohibited ground of discrimination in a notice, sign, symbol, emblem or other representation that is

(a) published, displayed or caused to be published or displayed, or

(b) permitted to be published or displayed on lands or premises, in a newspaper, through a television or radio broadcasting station, or by means of any other medium that the person owns or controls.

(b) by repealing subsection (3).

8 Subsection 8(1) of the Act is amended by striking out “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” and substituting “based on a prohibited ground of discrimination”.

9 Section 13 of the Act is amended

(a) in paragraph (a) by striking out “marital status, sexual orientation, sex” and substituting “marital status, family status, sexual orientation, sex, gender identity or expression”;

(b) in paragraph (c) by striking out “marital status, sexual orientation, sex” and substituting “marital status, family status, sexual orientation, sex, gender identity or expression”.

10 Section 18 of the Act is amended by adding after subsection (1) the following:

18( 1.1) Despite subsection (1) and subject to subsection (2), if a continuing violation is alleged, the complaint must be filed within one year of the last alleged instance of the violation.

11 The Act is amended by adding after section 18 the following:

Delegation of certain duties and powers

18.1( 1) The Commission may delegate in writing to any person any of its duties or powers under sections 19 to 21 and may authorize the person to delegate any of those powers or duties to another person.

18.1( 2) The Commission may impose the terms and conditions it considers appropriate on a delegation.

12 Section 19 of the Act is amended

(a) in subsection (1) by striking out “, itself or through a person designated to do so,” ;

(b) by repealing subsection (2) and substituting the following:

19( 2) The Commission may dismiss a complaint at any stage of the proceedings, in whole or in part, if the Commission in its discretion determines

(a) the complaint is without merit,

(b) the complaint is frivolous, vexatious or made in bad faith,

(d) the complaint has already been dealt with in another proceeding,

(e) the complainant has abandoned the complaint, or

(f) the complainant has declined a settlement offer that the Commission considers fair and reasonable.

(d) by repealing subsection (4).

13 The heading “Designation of person, powers” preceding section 20 of the Act is repealed and the following is substituted:

Inquiry into a complaint

14 Section 20 of the Act is repealed and the following is substituted:

Inquiry into a complaint

20( 1) To inquire into and endeavour to effect a settlement of a complaint, the Commission may

(a) order a person to produce or provide access to any relevant document in the person’s possession or control,

(b) take extracts from or make copies of a document referred to in paragraph (a),

(d) administer oaths and affirmations,

(e) require evidence to be given under oath or affirmation, and

(f) require statements to be verified by affidavit.

20( 2) If a person fails to comply with a provision of subsection (1), the Commission may apply to a judge of The Court of Queen’s Bench of New Brunswick for an order directing the person to comply with the provision.

15 Section 21 of the Act is repealed and the following is substituted:

21( 1) For the purposes of section 20, a delegate of the Commission may enter any part of premises normally accessible to the public without a warrant at any reasonable time.

21( 2) A delegate of the Commission may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry to any premises.

21( 3) A delegate of the Commission shall not enter a private dwelling or any part of premises not normally accessible to the public unless he or she

(a) is entering with the consent of a person who appears to be an adult and an occupant of the dwelling or premises, or

(b) has obtained an entry warrant under the Entry Warrants Act.

16 The heading “Delegation of certain duties and powers, reviews” preceding section 22 of the Act is repealed and the following is substituted:

Reviews

17 Section 22 of the Act is amended

(a) by repealing subsection (1);

(b) in subsection (2) by striking out “under a delegation under subsection (1), within 15 days” and substituting “under a delegation under section 18.1, within 30 days”;

22( 2.1) If, in the opinion of the Commission, the circumstances warrant it, the Commission may extend the time to request that a decision be reviewed under subsection (2).

18 The Act is amended by adding after section 22 the following:

Delegation of authority to another human rights agency

22.1( 1) In the event of an actual or potential conflict of interest with respect to a complaint referred to the Commission, the Commission may, by written agreement entered into with another statutory human rights agency in Canada, delegate to that human rights agency the authority to exercise or perform some or all of the Commission’s powers, duties and functions.

22.1( 2) On the execution of an agreement referred to in subsection (1), the other human rights agency has, to the extent provided by the agreement, those powers, duties and functions of the Commission.

19 The heading “Consent of Minister for prosecution” preceding section 26 of the Act is repealed and the following is substituted:

Prosecution

20 Section 26 of the Act is repealed and the following is substituted:

Prosecution

26 No person shall institute a prosecution for an offence under this Act unless

(a) the Labour and Employment Board has found that a person has violated or failed to comply with a provision of the Act or violated or failed to comply with an order made under the Act, and

(b) the written consent of the Attorney General has been obtained.

21 The Act is amended by adding after section 29 the following:

Procedural error

29.1 No proceedings under this Act are invalid by reason of any defect in form or technical irregularity.

Immunity

29.2 No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:

(a) a member or former member of the Commission,

(b) a current or former secretary or other officer of the Commission,

(d) an employee or former employee of the Civil Service as defined in the Civil Service Act while acting in the service of the Commission, and

(e) a person who serves or served the Commission while holding a position under a temporary or casual appointment made under section 17 of the Civil Service Act.

Indemnity

29.3 The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the duties of the person and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s wilful neglect or wilful default:

(a) a member or former member of the Commission,

(b) a current or former secretary or other officer of the Commission,

(d) an employee or former employee of the Civil Service as defined in the Civil Service Act while acting in the service of the Commission, and

(e) a person who serves or served the Commission while holding a position under a temporary or casual appointment made under section 17 of the Civil Service Act.