44 Interpretation
Preamble
WHEREAS recognition of
the inherent dignity and the equal and inalienable rights of all persons is the
foundation of freedom, justice and peace in the world;
WHEREAS it is
recognized in Alberta as a fundamental principle and as a matter of public
policy that all persons are equal in: dignity, rights and responsibilities
without regard to race, religious beliefs, colour, gender, physical disability,
mental disability, age, ancestry, place of origin, marital status, source
of income or family status;
WHEREAS
multiculturalism describes the diverse racial and cultural composition of
Alberta society and its importance is recognized in Alberta as a fundamental
principle and a matter of public policy;
WHEREAS it is
recognized in Alberta as a fundamental principle and as a matter of public
policy that all Albertans should share in an awareness and appreciation of the
diverse racial and cultural composition of society and that the richness of
life in Alberta is enhanced by sharing that diversity; and
WHEREAS it is fitting that these principles be affirmed by
the Legislature of Alberta in an enactment whereby those equality rights and
that diversity may be protected:
THEREFORE HER MAJESTY, by and with the advice
and consent of the Legislative Assembly of Alberta, enacts as follows:
Effect of Act on
provincial laws
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 that it authorizes or requires the doing of
anything prohibited by this Act.
(2) In
this Act, “law of Alberta” means an Act of the Legislature of Alberta enacted
before or after the commencement of this Act, any order, rule or regulation
made under an Act of the Legislature of Alberta, and any law in force in
Alberta on January 1, 1973 that is subject to be repealed, abolished or altered
by the Legislature of Alberta.
RSA 1980 cI‑2 s1
Alberta Heritage Day
2 In recognition of the cultural
heritage of Alberta, the first Monday in August each year shall be observed as
a day of public celebration and known as “Alberta Heritage Day”.
1996 c25 s4
Code of Conduct
Discrimination re
publications, notices
3(1) No person shall publish, issue or display or
cause to be published, issued or displayed before the public any statement,
publication, notice, sign, symbol, emblem or other representation that
(a) indicates
discrimination or an intention to discriminate against a person or a class of
persons, or
(b) is
likely to expose a person or a class of persons to hatred or contempt
because of the race,
religious beliefs, colour, gender, physical disability, mental disability, age,
ancestry, place of origin, marital status, source of income or family status of
that person or class of persons.
(2) Nothing
in this section shall be deemed to interfere with the free expression of
opinion on any subject.
(3) Subsection
(1) does not apply to
(a) the
display of a notice, sign, symbol, emblem or other representation displayed to
identify facilities customarily used by one gender,
(b) the
display or publication by or on behalf of an organization that
(i) is composed exclusively or primarily of persons having the same
political or religious beliefs, ancestry or place of origin, and
(ii) is not operated for private profit,
of a statement,
publication, notice, sign, symbol, emblem or other representation indicating a
purpose or membership qualification of the organization, or
(c) the
display or publication of a form of application or an advertisement that may be
used, circulated or published pursuant to section 8(2),
if the statement, publication, notice, sign, symbol, emblem
or other representation is not derogatory, offensive or otherwise improper.
RSA 1980 cI‑2
s2;1985 c33 s2;1990 c23 ss2,3;1996 c25 s5
Discrimination re goods,
services, accommodation, facilities
4 No person shall
(a) deny
to any person or class of persons any goods, services, accommodation or
facilities that are customarily available to the public, or
(b) discriminate
against any person or class of persons with respect to any goods, services,
accommodation or facilities that are
customarily available to the public,
because of the race, religious beliefs, colour, gender,
physical disability, mental disability, ancestry, place of origin, marital
status, source of income or family status of that person or class of persons or
of any other person or class of persons.
RSA 1980 cI‑2
s3;1985 c33 s2;1990 c23 ss2,3;1996 c25 s6
Discrimination re tenancy
5 No person 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
otherwise in any way represented as being available for occupancy by a tenant,
or
(b) discriminate
against any person or class of persons with respect to any term or condition of
the tenancy of any commercial unit or self‑contained dwelling unit,
because of the race, religious beliefs, colour, gender,
physical disability, mental disability, ancestry, place of origin, marital
status, source of income or family status of that person or class of persons or
of any other person or class of persons.
RSA 1980 cI‑2
s4;1985 c33 s2;1990 c23 ss2,3;1996 c25 s6
Equal pay
6(1) Where employees of both sexes perform the same
or substantially similar work for an employer in an establishment the employer
shall pay the employees at the same rate of pay.
(2) No
employer shall reduce the rate of pay of an employee in order to comply with
this section.
(3) When
an employee is paid less than the rate of pay to which the employee 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 must be commenced within 12 months from the date on which the cause of
action arose and not afterwards,
(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 when 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 on by the Commission when an action has been
commenced by the employee under this section.
RSA 1980 cI‑2
s6;1990 c23 s2;1996 c25 s8
Discrimination re
employment practices
7(1) No employer 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
employment,
because of the race,
religious beliefs, colour, gender, physical disability, mental disability, age,
ancestry, place of origin, marital status, source of income or family status of
that person or of any other person.
(2) Subsection
(1) as it relates to age and marital status does not affect the operation of
any bona fide retirement or pension plan or the terms or conditions of any bona
fide group or employee insurance plan.
(3) Subsection (1) does not apply with respect to a
refusal, limitation, specification or preference based on a bona fide occupational
requirement.
RSA 1980 cI‑2
s7;1985 c33 ss2,3;1988 cE‑10.2 s125;
1990 c23 s4;1996 c25 s9
Applications and
advertisements re employment
8(1) No person shall use or circulate any form of
application for employment or publish any advertisement in connection 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 indicating discrimination on the basis of the race, religious beliefs,
colour, gender, physical disability, mental disability, age, ancestry, place of
origin, marital status, source of income or family status of that person or of
any other person, or
(b) that
requires an applicant to furnish any information concerning race, religious
beliefs, colour, gender, physical disability, mental disability, age, ancestry,
place of origin, marital status, source of income or family status.
(2) Subsection (1) does not apply with respect to a
refusal, limitation, specification or preference based on a bona fide
occupational requirement.
RSA 1980 cI‑2
s8;1985 c33 s4;1990 c23 s5;1996 c25 s10
Membership in trade
union, etc.
9 No trade union, employers’ organization or
occupational association shall
(a) exclude
any person from membership in it,
(b) expel
or suspend any member of it, or
(c) discriminate
against any person or member,
because of the race, religious beliefs, colour, gender,
physical disability, mental disability, age, ancestry, place of origin, marital
status, source of income or family status of that person or member.
RSA 1980 cI‑2
s10;1985 c33 s2;1990 c23 ss2,3;1996 c25 s12
Prohibitions regarding
complaints
10(1) No person shall retaliate against a person
because that person
(a) has
made or attempted to make a complaint under this Act,
(b) has
given evidence or otherwise participated in or may give evidence or otherwise
participate in a proceeding under this Act,
(c) has
made or is about to make a disclosure that person may be required to make in a
proceeding under this Act, or
(d) has
assisted in any way in
(i) making or attempting to make a complaint under this Act, or
(ii) the investigation, settlement or prosecution of a complaint under
this Act.
(2) No person shall, with malicious intent, make a
complaint under this Act that is frivolous or vexatious.
RSA 1980 cI‑2
s11;1990 c23 s7;1996 c25 s13
Reasonable and
justifiable contravention
11 A contravention of this Act shall be deemed not
to have occurred if the person who is alleged to have contravened the Act shows
that the alleged contravention was reasonable and justifiable in the
circumstances.
RSA 2000 cH‑14
s11;AR 49/2002 s4;2002 c30 s15
Crown is bound
12 The prohibitions contained in this Act apply to
and bind the Crown in right of Alberta and every agency and servant of the
Crown in right of Alberta.
RSA 1980 cI‑2 s12
Fund continued
13(1) The Multiculturalism Fund established under the
Alberta Multiculturalism Act, SA 1984
cA‑32.8, is continued as the Human Rights, Citizenship and
Multiculturalism Education Fund.
(2) The
following money shall be deposited into the Fund:
(a) money
voted by the Legislature for the purpose of the Fund;
(b) money
received by the Government pursuant to agreements with the Government of Canada
or with a province or territory or any agency of the Government of Canada or of
a province or territory, pertaining to matters related to the purposes of this
Act;
(c) money
from fees for programs or services provided pursuant to this Act.
(3) The
Minister
(a) shall
hold and administer the Fund, and
(b) may
be a participant under section 40 of the Financial Administration Act on
behalf of the Fund.
(4) The
income of the Fund accrues to and forms part of the Fund.
(5) The
Minister may pay money from the Fund
(a) for
educational programs and services related to the purposes of this Act, and
(b) to make grants pursuant to section 14.
RSA 2000 cH‑14
s13;2004 c7 s19;2006 c23 s43
Grants
14(1) The Minister may make grants if
(a) the
Minister is authorized to do so by regulations under this section, and
(b) there
is money available in the Fund.
(2) The Lieutenant Governor in Council may make
regulations authorizing the Minister to make grants and, for that purpose,
section 13(2), (3) and (4) of the Government
Organization Act apply.
1996 c25 s14
Alberta Human Rights and
Citizenship Commission
Commission continued
15(1) The Alberta Human Rights Commission is
continued under the name “Alberta Human
Rights and Citizenship Commission”, consisting of the number of members
appointed by the Lieutenant Governor in Council.
(2) The
Lieutenant Governor in Council may designate one of the members as chief
commissioner of the Commission.
(3) The
Minister may designate one of the members of the Commission as acting chief
commissioner of the Commission, and the acting chief commissioner so designated
has, during the absence of the chief commissioner, the powers and duties of the
chief commissioner.
(4) The chief commissioner and other members of the
Commission shall receive remuneration and expenses for their services as
prescribed by the Minister.
RSA 1980 cI‑2
s14;1985 c33 s7;1990 c23 s8;1996 c25 s16
Functions of Commission
16(1) It is the function of the Commission
(a) to
forward the principle that all persons are equal in: dignity, rights and
responsibilities without regard to race, religious beliefs, colour, gender,
physical disability, mental disability, age, ancestry, place of origin, marital
status, source of income or family status,
(b) to
promote awareness and appreciation of and respect for the multicultural
heritage of Alberta society,
(c) to
promote an environment in which all Albertans can participate in and contribute
to the cultural, social, economic and political life of Alberta,
(d) to
encourage all sectors of Alberta society to provide equality of opportunity,
(e) to
research, develop and conduct educational programs designed to eliminate
discriminatory practices related to race, religious beliefs, colour, gender,
physical disability, mental disability, age, ancestry, place of origin, marital
status, source of income or family status,
(f) to
promote an understanding of, acceptance of and compliance with this Act,
(g) to
encourage and co‑ordinate both public and private human rights programs
and activities, and
(h) to
advise the Minister on matters related to this Act.
(2) The Commission may delegate in writing to a
member or to a person referred to in section 18 any of its functions, powers or
duties.
RSA 1980 cI‑2
s16;1985 c33 s2;1990 c23 ss2,3;1996 c25 s18
Bylaws
17(1) The Commission may make bylaws respecting
(a) the
carrying out of its powers, duties and functions under this Act, and
(b) procedural
matters related to the handling of complaints under this Act, including
procedural matters related to the proceedings before human rights panels.
(2) The
Regulations Act does not apply to
bylaws of the Commission.
(3) Bylaws of the Commission are not effective
until they have been approved by the Minister.
1996 c25 s19
Staff
18 There may be appointed a director and any other
employees required for the purpose of the administration of this Act.
RSA 1980 cI‑2
s17;1996 c25 s20
Annual report
19 The Commission shall after the
end of each year prepare and submit to the Minister a report of its activities
during that year, including a summary of the disposition of complaints under
this Act and any other information that the Minister may require.
RSA 1980 cI‑2
s18;1996 c25 s21
Enforcement
Who may make complaint
20(1) Any person, except the Commission, a member of
the Commission and a person referred to in section 18, who has reasonable
grounds for believing that a person has contravened this Act may make a
complaint to the Commission.
(2) A
complaint made pursuant to subsection (1) must
(a) be
in a form acceptable to the Commission, and
(b) be made within one year after the alleged
contravention of the Act occurs.
RSA 1980 cI‑2
s19;1985 c33 s8;1996 c25 s22
Settlement of complaint
21(1) Where the Commission receives a complaint, the
director shall, as soon as is reasonably possible, attempt to effect a
settlement of the complaint by means of a conciliator or through the
appointment of a person to investigate the complaint.
(2) Where
a conciliator is unable to effect a settlement of the complaint, the director
may appoint a person to investigate the complaint.
(3) The
director shall forthwith serve notice of any action taken under
subsection (1) or (2) on the complainant and the person against whom the
complaint was made.
1996 c25 s22
Director’s powers re complaint
22(1) Notwithstanding section 21, the director may at
any time
(a) dismiss
a complaint if the director considers that the complaint is without merit,
(b) discontinue
the proceedings if the director is of the opinion that the complainant has
refused to accept a proposed settlement that is fair and reasonable, or
(c) report
to the chief commissioner that the parties are unable to settle the complaint.
(2) The director shall forthwith serve notice of a
decision under subsection (1) on the complainant and the person against whom
the complaint was made.
RSA 1980 cI‑2
s20;1985 c33 s9;1996 c25 s22
Investigator’s powers
23(1) For the purposes of an investigation under
section 21, an investigator may do any or all of the following:
(a) subject
to subsection (2), enter any place at any reasonable time and examine it;
(b) make
inquiries orally or in writing of any person who has or may have information
relevant to the subject‑matter of the investigation;
(c) demand
the production for examination of records and documents, including electronic
records and documents, that are or may be relevant to the subject‑matter
of the investigation;
(d) on
giving a receipt for them, remove any of the things referred to in clause (c)
for the purpose of making copies of or extracts from them.
(2) An
investigator may enter and examine a room or place actually used as a dwelling
only if
(a) the
owner or person in possession of it consents to the entry and examination, or
(b) the entry and examination is authorized by a
judge under section 24.
1996 c25 s22
Judge’s order
24(1) Where a provincial court judge is satisfied on
an investigator’s evidence under oath that there are reasonable grounds for an
investigator to exercise a power under section 23(1) and that
(a) in
the case of a room or place actually used as a dwelling, the investigator
cannot obtain the consent under section 23(2) or, having obtained the consent,
has been obstructed or interfered with,
(b) the
investigator has been refused entry to a place other than a dwelling,
(c) a
person refuses or fails to answer inquiries under section 23(1)(b), or
(d) a
person on whom a demand is made under section 23(1)(c) refuses or fails to
comply with the demand or to permit the removal of a thing under section
23(1)(d),
the judge may make any
order the judge considers necessary to enable the investigator to exercise the
powers under section 23(1).
(2) An application under subsection (1) may be made
with or without notice.
RSA 1980 cI‑2
s21;1996 c25 s22
Copies of documents
25 If an investigator removes
anything referred to in section 23(1)(c), the investigator may make copies of
or extracts from the thing that was removed and shall return the thing to the
place from which it was removed within 48 hours after removing it.
1996 c25 s22
Appeal to chief
commissioner
26(1) The complainant may, not later than 30 days
after receiving notice of dismissal of the complaint or notice of
discontinuance under section 22, by notice in writing to the Commission request
a review of the director’s decision by the chief commissioner.
(2) The
Commission shall serve a copy of a notice referred to in subsection (1) on the
person against whom the complaint was made.
(3) The
chief commissioner shall
(a) review
the director’s decision and decide whether
(i) the complaint should have been dismissed, or
(ii) the proposed settlement was fair and reasonable,
as the case may be, and
(b) forthwith serve notice of the chief
commissioner’s decision on the complainant and the person against whom the complaint
was made.
RSA 1980 cI‑2
s22;1996 c25 s22
Referral to human rights
panel
27(1) The chief commissioner shall appoint a human
rights panel to deal with a complaint in the following circumstances:
(a) where
the chief commissioner receives a report from the director that the parties are
unable to settle the complaint;
(b) where
the chief commissioner decides under section 26(3) that the complaint should
not have been dismissed or that the proposed settlement was not fair and
reasonable.
(2) A
human rights panel shall consist of one or more members of the Commission, one
of whom may be the chief commissioner.
(3) Where
the chief commissioner has conducted a review under section 26 in respect of a
complaint, the chief commissioner is not eligible to sit on a human rights
panel dealing with that complaint.
(4) A
human rights panel and each member have all the powers of a commissioner under
the Public Inquiries Act.
(5) If a human rights panel consists of more than
one person, the decision of the majority is the decision of the panel.
RSA 1980 cI‑2
s23;1996 c25 s22
Parties
28 The following persons are parties to a
proceeding before a human rights panel:
(a) the
director;
(b) the
person named in the complaint as the complainant;
(c) any
person named in the complaint who is alleged to have been dealt with contrary
to this Act;
(d) any
person named in the complaint who is alleged to have contravened this Act;
(e) any other person specified by the panel, on
any notice that the panel determines, and after that person has been given an
opportunity to be heard against being made a party.
RSA 1980 cI‑2
s24;1996 c25 s22
Carriage of proceeding
29 The director has carriage of a
proceeding before a human rights panel except where the chief commissioner has
made a decision under section 26(3) that the complaint should not have been
dismissed or that the proposed settlement was not fair and reasonable, and in
that case the complainant has carriage of the proceeding.
RSA 1980 cI‑2
s25;1996 c25 s22
Procedural rules
30(1) The parties to a proceeding before a human
rights panel are entitled to appear and be represented by counsel at a hearing
held by the panel.
(2) Evidence
may be given before a human rights panel in any manner that the panel considers
appropriate, and the panel is not bound by the rules of law respecting evidence
in judicial proceedings.
(3) A
human rights panel, on proof of service of notice of a hearing in accordance
with this Act on the person against whom a complaint was made, may proceed with
the hearing in the absence of that person and decide on the matter being heard
in the same way as though that person were in attendance.
(4) A
hearing before a human rights panel shall be open to the public unless, on the
application of any party, the human rights panel decides that it would be
advisable to hold the hearing in private
(a) because
of the confidential nature of the matter to be heard, or
(b) because of the potential adverse effect on
any of the parties, other than the person against whom the complaint was made.
RSA 1980 cI‑2
s26;1996 c25 s22
Question of law
31 A human rights panel may, at
any stage of the proceedings before it, state in the form of a special case for
the opinion of the Court of Queen’s Bench any question of law arising in the
course of the proceedings, and may adjourn the proceedings for the purpose.
RSA 1980 cI‑2
s27;1990 c23 s9;1996 c25 s22
Powers of panel
32(1) A human rights panel
(a) shall,
if it finds that a complaint is without merit, order that the complaint be dismissed,
and
(b) may,
if it finds that a complaint has merit in whole or in part, order the person
against whom the finding was made to do any or all of the following:
(i) to cease the contravention complained of;
(ii) to refrain in the future from committing the same or any similar
contravention;
(iii) to make available to the person dealt with contrary to this Act
the rights, opportunities or privileges that person was denied contrary to this
Act;
(iv) to compensate the person dealt with contrary to this Act for all
or any part of any wages or income lost or expenses incurred by reason of the
contravention of this Act;
(v) to take any other action the panel considers proper to place the
person dealt with contrary to this Act in the position the person would have
been in but for the contravention of this Act.
(2) A
human rights panel may make any order as to costs that it considers
appropriate.
(3) A human rights panel shall serve a copy of its
decision, including the findings of fact on which the decision was based and
the reasons for the decision, on the parties to the proceeding.
RSA 1980 cI‑2
s28;1996 c25 s22
Reconsideration
33(1) If there is new evidence available that was not
available or that for good reason was not presented before the human rights
panel in the first instance, the panel may, on the application of any of the
parties or on its own motion, reconsider any matter considered by it and for
that purpose has the same power and authority and is subject to the same duties
as it had and was subject to in the first instance.
(2) A human rights panel may not reconsider a
matter under subsection (1) more than 30 days after the date of the decision on
the matter in the first instance.
RSA 1980 cI‑2
s29;1990 c23 s10;1996 c25 s22
Retroactive compensation
limit
34 No settlement effected under
this Act and no order made by a human rights panel may compensate a person for
wages or income lost or expenses incurred prior to 2 years before the date of
the complaint under section 20.
RSA 1980 cI‑2 s30;1996
c25 s22
Effect of decision
35 A decision of the chief
commissioner under section 26(3)(a) is final and binding on the parties,
subject to a party’s right to judicial review of the decision.
RSA 1980 cI‑2
s31;1990 c23 s12;1996 c25 s22
Entry of order
36 An order made by a human
rights panel may be filed with the clerk of the Court of Queen’s Bench in the
judicial district in which the proceeding was held, and on being entered it is
enforceable in the same manner as an order of the Court of Queen’s Bench.
RSA 1980 cI‑2
s32;1996 c25 s22
Appeal
37(1) A party to a proceeding before a human rights
panel may appeal an order of the panel to the Court of Queen’s Bench by
originating notice filed with the clerk of the Court of the judicial district
in which the proceeding was held.
(2) The
originating notice under subsection (1) shall be filed with the clerk and
served on the Commission and the other parties within 30 days after the date
the appellant receives a copy of the order of the human rights panel.
(3) Forthwith
after being served with an originating notice under subsection (2), the
Commission shall file the following with the clerk of the Court:
(a) the
order of the human rights panel, together with reasons;
(b) the
complaint;
(c) the
evidence taken at the hearing and all exhibits filed.
(4) The
Court may
(a) confirm,
reverse or vary the order of the human rights panel and make any order that the
panel may make under section 32, or
(b) remit
the matter back to the panel with directions.
(5) Commencement of an appeal under this section
does not operate as a stay of proceedings under the order of the human rights
panel unless the Court so orders.
RSA 1980 cI‑2
s33;1990 c23 s14;1996 c25 s22
Order after inquiry
38(1) If the order of a human rights panel under
section 32 or the Court of Queen’s Bench under section 37 did not direct a
person to cease the contravention complained of, the Minister of Justice and
Attorney General may apply to the Court of Queen’s Bench for an order enjoining
the person from continuing the contravention.
(2) The Court, in its discretion, may make the
order, and the order may be enforced in the same manner as any other order of
the Court of Queen’s Bench.
RSA 1980 cI‑2
s34;1994 cG‑8.5 s89;1996 c25 s23
Proceedings against
trade unions, etc.
39(1) Any proceedings under this Act may be
instituted against 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’ organization or occupational
association within the scope of that person’s 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.
RSA 1980 cI‑2 s35
Protection from giving
evidence
40(1) No member of the Commission, nor the director
of the Commission or any other employee mentioned in section 18, shall be
required by any court to give evidence relative to information obtained for the
purposes of this Act.
(2) No proceeding under this Act shall be deemed
invalid by reason of any defect in form or any technical irregularity.
RSA 1980 cI‑2 s36
Protection from
liability
41 No action lies against a
member of the Commission or any person referred to in section 18 for anything
done or not done by that person in good faith while purporting to act under
this Act.
1996 c25 s24
Offence
42(1) No person shall hinder, obstruct or interfere
with the Commission or any person referred to in section 18 in the exercise of
a power or the carrying out of a duty under this Act.
(2) A
person who contravenes subsection (1) is guilty of an offence and liable to a
fine of not more than $10 000.
(3) Where
(a) a
corporation, or
(b) an
employment agency, employers’ organization, occupational association or trade
union that is not a corporation
contravenes subsection (1), any director, officer or agent
of the corporation or other body who directed, authorized, assented to,
acquiesced in or participated in the contravention is guilty of the offence and
liable to the penalty provided for the offence, whether or not the corporation
or other body has been prosecuted for or convicted of the offence.
1996 c25 s24
