|
STATUTE |
TOPIC |
PROVISION |
SOURCE |
| NOVA SCOTIA |
Human Rights
Act,
R.S. c. 214, s. 1. |
Prohibition of
discrimination |
5. (1) No person shall in
respect of
- the provision of or access to services or facilities;
- accommodation;
- the purchase or sale of property;
- employment;
- volunteer public service;
- a publication, broadcast or advertisement;
- membership in a professional association, business or trade
association, employers' organization or employees'
organization, discriminate against an individual or class of
individuals on account of
- age;
- race;
- colour;
- religion;
- creed;
- sex;
- sexual orientation;
(na) gender identity;
(nb) gender expression;
- physical disability or mental disability;
- an irrational fear of contracting an illness or disease;
- ethnic, national or aboriginal origin;
- family status;
- marital status;
- source of income;
- political belief, affiliation or activity;
- that individual's association with another individual or
class of individuals having characteristics referred to in clauses
(h) to (u).
(2) No person shall sexually harass an individual.
(3) No person shall harass an individual or group with respect to a
prohibited ground of discrimination. |
http://www.canlii.org/en/ns
/laws/stat/rsns-1989-c-
214/latest/rsns-1989-c-
214.html?searchUrlHash=
AAAAAQAcbm92YSBzY2
90aWEgaHVtYW4gcmlna
HRzIGFjdAAAAAAB |
|
Exceptions |
6. Subsection (1) of
Section 5 does not apply
- in respect of the provision of or access to services or
facilities, to the conferring of a benefit on or the providing of a
protection to youth or citizens;
- in respect of accommodation, where the only premises rented
consist of one room in a dwelling house the rest of which is
occupied by the landlord or the landlord's family and the
landlord does not advertise the room for rental by sign, through
any news media or listing with any housing, rental or tenants'
agency;
- in respect of employment, to
- a domestic employed and living in a single family home,
- an exclusively religious or ethnic organization or an agency of
such an organization that is not operated for private profit and
that is operated primarily to foster the welfare of a religious or
ethnic group with respect to persons of the same religion or
- employees engaged by an exclusively religious organization to
perform religious duties;
- in respect of volunteer public service, to an exclusively
religious or ethnic organization that is not operated for private
profit and that is operated primarily to foster the welfare of a
religious or ethnic group with respect to persons of the same
religion or ethnic origin, as the case may be;
- where the nature and extent of the physical disability or
mental disability reasonably precludes performance of a particular
employment or activity; ethnic origin, as the case may be, with
respect to a characteristic referred to in clauses (h) to (v) of
subsection (1) of Section 5 if that characteristic is a reasonable
occupational qualification, or
- where a denial, refusal or other form of alleged discrimination
is
- based upon a bona fide qualification,
(ia) based upon a bona fide occupational requirement; or
- a reasonable limit prescribed by law as can be demonstrably
justified in a free and democratic society;
- to prevent, on account of age, the operation of a bona fide
pension plan or the terms or conditions of a bona fide group or
employee insurance plan;
- repealed 2007, c. 11, s. 1.
or
- to preclude a law, program or activity that has as its object
the amelioration of conditions of disadvantaged individuals or
classes of individuals including those who are disadvantaged
because of a characteristic referred to in clauses (h) to (v) of
subsection (1) of Section 5.
Further exception
6A Nothing in Section 5 prohibits a term of office based
upon age if required by an enactment. |
|
|
Exemption by
Commission
[Defence] |
9 Notwithstanding
anything in this Act, the Commission may exempt a program or
activity from subsection (1) of Section 5, or a part thereof,
where, in the opinion of the Commission, there is a bona fide
reason to do so. 1991, c. 12, s. 1. |
|
|
Prohibition of
retaliation |
11 No person shall evict,
discharge, suspend, expel or otherwise retaliate against any person
on account of a complaint or an expressed intention to complain or
on account of evidence or assistance given in any way in respect of
the initiation, inquiry or prosecution of a complaint or other
proceeding under this Act. |
|
|
Interpretation
[Contract] |
3. (e)
"employer" includes a person who contracts with a person
for services to be performed by that person or wholly or partly by
another person; |
|
Take Note
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.
