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On November 1, 2018, the Human Rights Code Amendment Act
2018 was introduced by the BC government. The proposed
amendments are not yet in force but this is expected to occur in
the near future.
The amendments to the BC Human Rights Code include the
establishment of a Human Rights Commission and the appointment of
an independent Human Rights Commissioner who will report directly
to the British Columbia legislature.
Presently, British Columbia is the only Canadian province
without a Human Rights Commission, the previous commission having
been dismantled in 2002.
The Human Rights Commissioner will not have an adjudicative
role, but rather will be responsible for proactively promoting and
advocating for human rights, including:
identifying and promoting the
elimination of, discriminatory practices, policies and
programs;
developing resources, policies and
guidelines to prevent and eliminate discriminatory practices,
policies and programs;
publishing reports, making
recommendations or using other means the commissioner considers
appropriate to prevent or eliminate discriminatory practices,
policies and programs;
developing and delivering public
information and education about human rights;
undertaking, directing and supporting
research respecting human rights;
examining the human rights
implications of any policy, program or legislation, and making
recommendations respecting any policy, program or legislation that
the commissioner considers may be inconsistent with this Code;
consulting and cooperating with
individuals and organizations in order to promote and protect human
rights;
establishing working groups for
special assignments respecting human rights;
promoting compliance with
international human rights obligations;
The existing BC Human Rights Tribunal (the "Tribunal")
will be separate from the Human Rights Commission. The
Tribunal will continue to impartially adjudicate complaints of
discrimination under the BC Human Rights Code.
There are two aspects of the proposed amendments that may be of
particular significance to employers in British Columbia.
First, the time limit for filing a complaint of discrimination
to the Tribunal will increase from six months to 12 months from the
last alleged instance of contravention of the BC Human Rights
Code.
Second, the Human Rights Commissioner will have a significant
role in the complaint process before the Tribunal. Although
the Human Rights Commissioner will not be able to file a complaint
alleging discrimination, the Commissioner will have jurisdiction to
intervene in complaints involving systemic discrimination that are
being considered by the Tribunal. Further, the Commissioner
will have jurisdiction to "assist a person or group of persons
with any aspect of a complaint" that has been filed before the
Tribunal.
The proposed amendments provide a substantial role to the
Commissioner to intervene in the complaint process or to assist
persons in pursuing a complaint to the Tribunal. This
represents a significant departure from the current process in
which complainants, for the most part, must rely on their own
resources in pursuing a matter to the Tribunal.
Upon passing of the legislation, an all-party committee will be
formed to recommend a commissioner to be put forward for approval
by the legislative assembly.
The foregoing provides only an overview and does not
constitute legal advice. Readers are cautioned against making any
decisions based on this material alone. Rather, specific legal
advice should be obtained.
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