Canada: Human Rights Legislation - Manitoba

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP
STATUTE TOPIC PROVISION SOURCE
MANITOBA
The Human Rights Code, CCSM c H175 Applicable characteristics

[Enumerated Grounds]
9(2) The applicable characteristics for the purposes of clauses (1)(b) to (d) are
  1. ancestry, including colour and perceived race;
  2. nationality or national origin;
  3. ethnic background or origin;
  4. religion or creed, or religious belief, religious association or religious activity;
  5. age;
  6. sex, including sex-determined characteristics or circumstances, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
  7. gender identity;
  8. sexual orientation;
  9. marital or family status;
  10. source of income;
  11. political belief, political association or political activity;
  12. physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device;
  13. social disadvantage.
http://www.canlii.org/en/m
b/laws/stat/ccsm-c-
h175/latest/ccsm-c-
h175.html?searchUrlHash
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Discrimination on basis of social disadvantage

[Defence]
9(2.1) It is not discrimination on the basis of social disadvantage unless the discrimination is based on a negative bias or stereotype related to that social disadvantage.
Criminal conduct excluded

[Defence]
9(4) For the purpose of dealing with any case of alleged discrimination under this Code, no characteristic referred to in subsection (2) shall be interpreted to extend to any conduct prohibited by the Criminal Codeof Canada.
Affirmative action, etc. permitted

[Defence]
11 Notwithstanding any other provision of this Code, it is not discrimination, a contravention of this Code, or an offence under this Code
  1. to make reasonable accommodation for the special needs of an individual or group, if those special needs are based upon any characteristic referred to in subsection 9(2); or
  2. to plan, advertise, adopt or implement an affirmative action program or other special program that

    1. has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 9(2), and
    2. achieves or is reasonably likely to achieve that object.
Reasonable accommodation required 12 For the purpose of interpreting and applying sections 13 to 18, the right to discriminate where bona fide and reasonable cause exists for the discrimination, or where the discrimination is based upon bona fide and reasonable requirements or qualifications, does not extend to the failure to make reasonable accommodation within the meaning of clause 9(1)(d).
Exception for age of majority

[Defence]
13(2) Nothing in subsection (1) prevents the denial or refusal of a service, accommodation, facility, good, right, licence, benefit, program or privilege to a person who has not attained the age of majority if the denial or refusal is required or authorized by a statute in force in Manitoba.
Discrimination in employment 14(1) No person shall discriminate with respect to any aspect of an employment or occupation, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.
"any aspect", etc. defined

[cnt'd]
14(2) In subsection (1), "any aspect of an employment or occupation"
  1. the opportunity to participate, or continue to participate, in the employment or occupation;
  2. the customs, practices and conditions of the employment or occupation;
  3. training, advancement or promotion;
  4. seniority;
  5. any form of remuneration or other compensation received directly or indirectly in respect of the employment or occupation, including salary, commissions, vacation pay, termination wages, bonuses, reasonable value for board, rent, housing and lodging, payments in kind, and employer contributions to pension funds or plans, long-term disability plans and health insurance plans; and
  6. any other benefit, term or condition of the employment or occupation.
Personal services in private residence

[Defence]
14(8) For the purposes of this section, it is a bona fide and reasonable requirement or qualification where, in choosing a person to provide personal services in a private residence, the employer discriminates for the bona fide purpose of fostering or maintaining a desired environment within the residence, if there is otherwise no contravention of this Code in the employment relationship.

14(9) In subsection (8), "personal services" means work of a domestic, custodial, companionship, personal care, child care, or educational nature, or other work within the residence that involves frequent contact or communication with persons who live in the residence.

Exception for age of majority

[Defence]
14(10) Nothing in this section prevents a person from limiting the employment or occupation of a person under the age of majority, or from classifying or referring to a person under the age of majority for an employment or occupation, in accordance with a statute in force in Manitoba that regulates the employment or occupation of persons under the age of majority.
Promotion of belief

[Defence]
14(11) Nothing in this section prohibits the lawful and reasonable disciplining of an employee or person in an occupation who violates the duties, powers or privileges of the employment or occupation by improperly using the employment or occupation as a forum for promoting beliefs or values based upon any characteristic referred to in subsection 9(2).
No reduction of wages, etc. 14(12) An employer shall not, in order to comply with this section,
  1. terminate the employment or occupation of any person; or
  2. reduce the wage level or diminish any other benefit available to any person in an employment or occupation; or
  3. change the customs, practices and conditions of an employment or occupation to the detriment of any person;
  4. if the person accepted the employment or occupation, the wage level or other benefit, or the customs, practices and conditions in good faith.
Harassment 19(1) No person who is responsible for an activity or undertaking to which this Code applies shall
  1. harass any person who is participating in the activity or undertaking; or
  2. knowingly permit, or fail to take reasonable steps to terminate, harassment of one person who is participating in the activity or undertaking by another person who is participating in the activity or undertaking.

19(2) In this section, "harassment" means

  1. a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in subsection 9(2); or
  2. a series of objectionable and unwelcome sexual solicitations or advances; or
  3. a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or
  4. a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.
Reprisals 20 No person shall deny or threaten to deny any benefit, or cause or threaten to cause any detriment, to any other person on the ground that the other person
  1. has filed or may file a complaint under this Code; or
  2. has laid or may lay an information under this Code; or
  3. has made or may make a disclosure concerning a possible contravention of this Code; or
  4. has testified or may testify in a proceeding under this Code; or
  5. has participated or may participate in any other way in a proceeding under this Code; or
  6. has complied with, or may comply with, an obligation imposed by this Code; or
  7. has refused or may refuse to contravene this Code.
Discrimination in contracts 15(1) No person shall discriminate with respect to
  1. entering into any contract that is offered or held out to the public generally or to a section of the public; or
  2. any term or condition of such a contract;
unless bona fide and reasonable cause exists for the discrimination.
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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