Podcast
Questions and Answers
Which of the following is NOT a protected characteristic in this Code?
Which of the following is NOT a protected characteristic in this Code?
- Political Affiliation (correct)
- Religious Belief
- Marital Status
- Sexual Orientation
According to the Code, what is the primary purpose of an employment equity program?
According to the Code, what is the primary purpose of an employment equity program?
- To increase the diversity of the workforce.
- To ensure that all employees have equal opportunities for advancement.
- To improve the conditions of disadvantaged individuals or groups. (correct)
- To create a more inclusive work environment.
What legal protection is provided to individuals who complain about discrimination under this Code?
What legal protection is provided to individuals who complain about discrimination under this Code?
- Complainants receive financial compensation for any damages incurred during the complaint process.
- Complainants are protected from retaliation by the accused party. (correct)
- Complainants are granted immunity from any legal repercussions.
- Complainants are guaranteed a favorable outcome in their complaint.
Which of the following is NOT considered a contravention of the Code?
Which of the following is NOT considered a contravention of the Code?
Under what circumstances can a distinction based on age be considered legal?
Under what circumstances can a distinction based on age be considered legal?
According to the provided text, what is NOT a protected characteristic from discrimination in purchasing a commercial unit?
According to the provided text, what is NOT a protected characteristic from discrimination in purchasing a commercial unit?
Based on the text, under what circumstances is discrimination on the basis of sex permissible?
Based on the text, under what circumstances is discrimination on the basis of sex permissible?
What is the main theme of the provided text?
What is the main theme of the provided text?
Which of these is NOT a protected characteristic against discrimination in tenancy premises?
Which of these is NOT a protected characteristic against discrimination in tenancy premises?
In the context of the provided text, what does "contravene" mean?
In the context of the provided text, what does "contravene" mean?
What is a possible justification for discrimination based on physical or mental disability in the context of the text?
What is a possible justification for discrimination based on physical or mental disability in the context of the text?
What is the legal consequence of denying someone the opportunity to purchase a dwelling unit because of their religion?
What is the legal consequence of denying someone the opportunity to purchase a dwelling unit because of their religion?
Which of the following situations is explicitly prohibited by Section 9 of the text?
Which of the following situations is explicitly prohibited by Section 9 of the text?
Which of these is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
Which of these is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
What is the legal basis for challenging a difference in pay between employees of different sexes?
What is the legal basis for challenging a difference in pay between employees of different sexes?
What is the maximum time period within which an employee can sue for unpaid wages under the law?
What is the maximum time period within which an employee can sue for unpaid wages under the law?
Which of the following acts is prohibited by the law?
Which of the following acts is prohibited by the law?
What is a "bona fide occupational requirement"?
What is a "bona fide occupational requirement"?
Which of the following is NOT a prohibited basis for discrimination in employment?
Which of the following is NOT a prohibited basis for discrimination in employment?
What is the role of an employment agency under the law?
What is the role of an employment agency under the law?
What does the law say about retirement plans in relation to discrimination?
What does the law say about retirement plans in relation to discrimination?
Which of the following is NOT a protected characteristic under the law?
Which of the following is NOT a protected characteristic under the law?
In what circumstances does subsection (1) not apply regarding a person's family status or age? (Select all that apply)
In what circumstances does subsection (1) not apply regarding a person's family status or age? (Select all that apply)
Which of the following is NOT an exception to subsection (1) when it relates to physical or mental disability?
Which of the following is NOT an exception to subsection (1) when it relates to physical or mental disability?
Under what circumstances is it permissible for an employer to publish an employment advertisement that expresses a preference based on age? (Select all that apply)
Under what circumstances is it permissible for an employer to publish an employment advertisement that expresses a preference based on age? (Select all that apply)
What does subsection 12(1) of the text prohibit?
What does subsection 12(1) of the text prohibit?
What does the text state about the concept of 'skill, effort and responsibility' in determining similar or substantially similar work?
What does the text state about the concept of 'skill, effort and responsibility' in determining similar or substantially similar work?
Is it discrimination to prefer a disabled person for a particular role over a non-disabled person?
Is it discrimination to prefer a disabled person for a particular role over a non-disabled person?
Which of the following would be considered a justifiable limitation, specification, or preference as to 'physical or mental disability' for a job advertisement? (Select all that apply)
Which of the following would be considered a justifiable limitation, specification, or preference as to 'physical or mental disability' for a job advertisement? (Select all that apply)
Which of the following factors are considered in determining whether work is 'similar or substantially similar' under the text? (Select all that apply)
Which of the following factors are considered in determining whether work is 'similar or substantially similar' under the text? (Select all that apply)
What is the primary focus of subsection 12(1) of the text?
What is the primary focus of subsection 12(1) of the text?
Which of the following is NOT considered a 'person' according to the Code's definition?
Which of the following is NOT considered a 'person' according to the Code's definition?
Which of these terms is defined as a complaint filed under section 21?
Which of these terms is defined as a complaint filed under section 21?
What term includes an organization of employers formed for purposes that include regulating relations between employers and employees?
What term includes an organization of employers formed for purposes that include regulating relations between employers and employees?
What term is used to describe a panel designated under section 27.1 (1) (b) of the Code?
What term is used to describe a panel designated under section 27.1 (1) (b) of the Code?
What is the term used to describe a person appointed under section 31 as a member of the tribunal?
What is the term used to describe a person appointed under section 31 as a member of the tribunal?
According to the definitions in the Code, which of these includes a person who undertakes to procure employees for employers without compensation?
According to the definitions in the Code, which of these includes a person who undertakes to procure employees for employers without compensation?
Which of these terms is used to describe the person designated as the chair of the tribunal under section 31?
Which of these terms is used to describe the person designated as the chair of the tribunal under section 31?
In what circumstances does subsection (1) not apply when it relates to a person's family status or age? (Select all that apply)
In what circumstances does subsection (1) not apply when it relates to a person's family status or age? (Select all that apply)
Which of the following is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
Which of the following is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
What is the maximum term length for which the Human Rights Commissioner may be reappointed?
What is the maximum term length for which the Human Rights Commissioner may be reappointed?
In the event that the person who delegated a power under this Code ceases to hold office, what happens to the delegation?
In the event that the person who delegated a power under this Code ceases to hold office, what happens to the delegation?
What happens if a time limit for a complaint has expired and hasn't been extended in accordance with regulations?
What happens if a time limit for a complaint has expired and hasn't been extended in accordance with regulations?
What is required of someone purporting to exercise a power delegated under this Code?
What is required of someone purporting to exercise a power delegated under this Code?
Who is responsible for appointing the Human Rights Commissioner?
Who is responsible for appointing the Human Rights Commissioner?
Which of the following individuals or entities must be informed in writing of a decision to dismiss a complaint, along with the reasons for the decision?
Which of the following individuals or entities must be informed in writing of a decision to dismiss a complaint, along with the reasons for the decision?
In the context of assigning complaints for a decision, what are the possible options available to the chair?
In the context of assigning complaints for a decision, what are the possible options available to the chair?
What is the specific requirement when a panel is designated for deciding a complaint?
What is the specific requirement when a panel is designated for deciding a complaint?
What is the rule regarding evidence admissibility in complaints proceedings before a member or panel?
What is the rule regarding evidence admissibility in complaints proceedings before a member or panel?
What does the text suggest about the tribunal's ability to create rules regarding practice and procedure?
What does the text suggest about the tribunal's ability to create rules regarding practice and procedure?
Which of the following is not included in the list of individuals who must be informed in writing of a decision to dismiss a complaint, along with the reasons for the decision?
Which of the following is not included in the list of individuals who must be informed in writing of a decision to dismiss a complaint, along with the reasons for the decision?
When a panel is designated under subsection (1) (b), what is the chair's responsibility regarding the panel?
When a panel is designated under subsection (1) (b), what is the chair's responsibility regarding the panel?
Which of the following is not a specific type of evidence explicitly mentioned as permissible in complaints proceedings?
Which of the following is not a specific type of evidence explicitly mentioned as permissible in complaints proceedings?
What power does the tribunal have regarding its own rules and procedures?
What power does the tribunal have regarding its own rules and procedures?
If an order under section 37(2)(c) or (d)(i) has not been fully implemented, who can apply for a modification of the order?
If an order under section 37(2)(c) or (d)(i) has not been fully implemented, who can apply for a modification of the order?
On what grounds can an order under section 37(2)(c) or (d)(i) be modified?
On what grounds can an order under section 37(2)(c) or (d)(i) be modified?
What is the legal effect of filing a certified copy of an order made under section 37(2)(a), (c), or (d) with the Supreme Court?
What is the legal effect of filing a certified copy of an order made under section 37(2)(a), (c), or (d) with the Supreme Court?
Who is responsible for submitting an annual report on the activities of the tribunal?
Who is responsible for submitting an annual report on the activities of the tribunal?
Where is the annual report on the activities of the tribunal filed if the Legislative Assembly is not in session?
Where is the annual report on the activities of the tribunal filed if the Legislative Assembly is not in session?
What is the legal status of information received during settlement negotiations?
What is the legal status of information received during settlement negotiations?
Who can vary or rescind an order made under section 37(2)(c) or (d)(i)?
Who can vary or rescind an order made under section 37(2)(c) or (d)(i)?
What powers can the member or panel exercise when varying an order under section 38(2)?
What powers can the member or panel exercise when varying an order under section 38(2)?
In what circumstances can an order under section 37(2)(c) or (d)(i) be varied or rescinded?
In what circumstances can an order under section 37(2)(c) or (d)(i) be varied or rescinded?
What is the primary purpose of section 39(2) regarding the filing of orders with the Supreme Court?
What is the primary purpose of section 39(2) regarding the filing of orders with the Supreme Court?
What is the role of the Attorney General when a constitutional question is raised in an application before the tribunal?
What is the role of the Attorney General when a constitutional question is raised in an application before the tribunal?
Which of the following provisions of the Administrative Tribunals Act is NOT applicable to the Human Rights Tribunal?
Which of the following provisions of the Administrative Tribunals Act is NOT applicable to the Human Rights Tribunal?
What is the process for appointing members to the British Columbia Human Rights Tribunal?
What is the process for appointing members to the British Columbia Human Rights Tribunal?
What does the text state about the right to enforce a settlement agreement?
What does the text state about the right to enforce a settlement agreement?
The Human Rights Tribunal is given powers and duties similar to those found in the Administrative Tribunals Act. Which of the following is NOT included in these powers and duties?
The Human Rights Tribunal is given powers and duties similar to those found in the Administrative Tribunals Act. Which of the following is NOT included in these powers and duties?
What does the text imply about the relationship between the Human Rights Tribunal and the Supreme Court?
What does the text imply about the relationship between the Human Rights Tribunal and the Supreme Court?
How can employees necessary to carry out the powers and duties of the tribunal be appointed?
How can employees necessary to carry out the powers and duties of the tribunal be appointed?
What is the primary purpose of Section 30(1) regarding settlement agreements?
What is the primary purpose of Section 30(1) regarding settlement agreements?
In the context of the provided text, which of the following is NOT a power explicitly granted to the Human Rights Tribunal?
In the context of the provided text, which of the following is NOT a power explicitly granted to the Human Rights Tribunal?
What is the role of Part 8 [Immunities] of the Administrative Tribunals Act in relation to the Human Rights Tribunal?
What is the role of Part 8 [Immunities] of the Administrative Tribunals Act in relation to the Human Rights Tribunal?
Which of the following terms, as defined in the British Columbia Human Rights Code, could potentially encompass a private individual acting as an agent for another individual, where a substantial portion of their services pertain to one principal?
Which of the following terms, as defined in the British Columbia Human Rights Code, could potentially encompass a private individual acting as an agent for another individual, where a substantial portion of their services pertain to one principal?
Which of the following entities is NOT explicitly included in the definition of "person" within the Code's context?
Which of the following entities is NOT explicitly included in the definition of "person" within the Code's context?
Based on the Code's definitions, which of the following scenarios would NOT fall under the category of "discrimination"?
Based on the Code's definitions, which of the following scenarios would NOT fall under the category of "discrimination"?
According to the Code's definition, which of the following is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
According to the Code's definition, which of the following is NOT a protected characteristic against discrimination in both the purchase of property and tenancy premises?
Based on the Code's definitions, which of the following would be classified as an "intervenor" in a complaint proceeding?
Based on the Code's definitions, which of the following would be classified as an "intervenor" in a complaint proceeding?
Which of the following entities is described in the Code as an organization formed for purposes that include the regulation of relations between employers and employees, but is NOT classified as a trade union?
Which of the following entities is described in the Code as an organization formed for purposes that include the regulation of relations between employers and employees, but is NOT classified as a trade union?
What term is used to describe a person appointed under section 31 to serve as a member of the British Columbia Human Rights Tribunal?
What term is used to describe a person appointed under section 31 to serve as a member of the British Columbia Human Rights Tribunal?
A person is prohibited from denying a person or class of persons the opportunity to purchase a commercial unit, dwelling unit, land, or interest in land based on which of the following protected characteristics?
A person is prohibited from denying a person or class of persons the opportunity to purchase a commercial unit, dwelling unit, land, or interest in land based on which of the following protected characteristics?
In which of the following circumstances is discrimination based on sex permitted according to the provided text?
In which of the following circumstances is discrimination based on sex permitted according to the provided text?
A person is NOT allowed to discriminate against a person or class of persons regarding a term or condition of the tenancy of a space based on which of the following protected characteristics?
A person is NOT allowed to discriminate against a person or class of persons regarding a term or condition of the tenancy of a space based on which of the following protected characteristics?
Which of the following situations is NOT explicitly prohibited by the provided text?
Which of the following situations is NOT explicitly prohibited by the provided text?
Based on the information provided, which of the following is NOT a legally protected characteristic against discrimination in the context of tenant premises?
Based on the information provided, which of the following is NOT a legally protected characteristic against discrimination in the context of tenant premises?
Which of the following scenarios would be considered a violation of the provided text?
Which of the following scenarios would be considered a violation of the provided text?
Which of the following is NOT a protected characteristic listed in the text as grounds for discrimination in the purchase of property?
Which of the following is NOT a protected characteristic listed in the text as grounds for discrimination in the purchase of property?
Which of the following is NOT a protected characteristic listed in the text as grounds for discrimination in tenancy premises?
Which of the following is NOT a protected characteristic listed in the text as grounds for discrimination in tenancy premises?
Under which of the following circumstances can a complaint under subsection (1) be filed on behalf of another person or a group or class of persons?
Under which of the following circumstances can a complaint under subsection (1) be filed on behalf of another person or a group or class of persons?
Which of the following statements best describes the time limit for filing a complaint under the Code?
Which of the following statements best describes the time limit for filing a complaint under the Code?
In which scenario is a member or panel least likely to refuse to accept a complaint for filing under subsection (1)?
In which scenario is a member or panel least likely to refuse to accept a complaint for filing under subsection (1)?
According to the Code, which of the following is a valid reason for a member or panel to accept a complaint that was filed after the time limit has expired?
According to the Code, which of the following is a valid reason for a member or panel to accept a complaint that was filed after the time limit has expired?
Which of the following would be considered a valid reason for the tribunal to refuse to proceed with a complaint that was filed within the time limit?
Which of the following would be considered a valid reason for the tribunal to refuse to proceed with a complaint that was filed within the time limit?
In what specific scenario is it permissible to discriminate against someone based on their age when offering them a rental unit in residential premises?
In what specific scenario is it permissible to discriminate against someone based on their age when offering them a rental unit in residential premises?
Based on the provided text, which of these scenarios would be considered permissible discrimination based on a physical or mental disability?
Based on the provided text, which of these scenarios would be considered permissible discrimination based on a physical or mental disability?
What is the main legal principle that justifies the exception to the prohibition on discrimination in subsection (1) when it relates to family status or age in relation to rental units?
What is the main legal principle that justifies the exception to the prohibition on discrimination in subsection (1) when it relates to family status or age in relation to rental units?
Which of the following is NOT a protected characteristic mentioned in the text as grounds for discrimination in employment advertisements?
Which of the following is NOT a protected characteristic mentioned in the text as grounds for discrimination in employment advertisements?
Which of the following would be considered a justifiable limitation, specification, or preference as to "physical or mental disability" for a job advertisement under the text?
Which of the following would be considered a justifiable limitation, specification, or preference as to "physical or mental disability" for a job advertisement under the text?
What is the basis for determining whether work is considered "similar or substantially similar" for the purposes of equal pay between employees of different sexes?
What is the basis for determining whether work is considered "similar or substantially similar" for the purposes of equal pay between employees of different sexes?
What is the primary goal of subsection 12(1) of the text, related to discrimination in wages based on sex?
What is the primary goal of subsection 12(1) of the text, related to discrimination in wages based on sex?
In what specific scenario is it permissible to publish an employment advertisement that expresses a preference based on age?
In what specific scenario is it permissible to publish an employment advertisement that expresses a preference based on age?
Which of the following would NOT be considered a contravention of the text's provisions against discrimination in employment?
Which of the following would NOT be considered a contravention of the text's provisions against discrimination in employment?
If a landlord refuses to rent to someone due to their sexual orientation, which of the following legal principles would this contravention primarily fall under?
If a landlord refuses to rent to someone due to their sexual orientation, which of the following legal principles would this contravention primarily fall under?
An employer is paying a woman less than a man for doing the same work, but the employer claims the difference is based on a performance review system that they believe is fair and objective. Under what circumstance would this action not violate the Code?
An employer is paying a woman less than a man for doing the same work, but the employer claims the difference is based on a performance review system that they believe is fair and objective. Under what circumstance would this action not violate the Code?
A company has a recruitment policy that prefers individuals with a Bachelor's degree or higher for almost all positions. This policy is justified by the company as a legitimate requirement for most jobs, but some argue that this excludes individuals who would be perfectly capable, but hold equivalent experience instead. Which of the following statements most accurately reflects the relevant legal principle in this scenario?
A company has a recruitment policy that prefers individuals with a Bachelor's degree or higher for almost all positions. This policy is justified by the company as a legitimate requirement for most jobs, but some argue that this excludes individuals who would be perfectly capable, but hold equivalent experience instead. Which of the following statements most accurately reflects the relevant legal principle in this scenario?
A business owner refuses to rent their commercial property to a person because of their religious beliefs. They feel uncomfortable with the individual's faith. What is the legal basis for the individual to challenge this refusal?
A business owner refuses to rent their commercial property to a person because of their religious beliefs. They feel uncomfortable with the individual's faith. What is the legal basis for the individual to challenge this refusal?
An employee has been paid less than the rate of pay to which they are entitled under the Code. They wish to pursue legal action to recover the difference. Which of these is NOT a true statement?
An employee has been paid less than the rate of pay to which they are entitled under the Code. They wish to pursue legal action to recover the difference. Which of these is NOT a true statement?
A company has a policy that requires all employees to retire at age 65, regardless of their health or ability to continue working. Which of the following statements is correct according to the Code?
A company has a policy that requires all employees to retire at age 65, regardless of their health or ability to continue working. Which of the following statements is correct according to the Code?
A law firm requires its paralegals to have a specific legal software certification, but some paralegals can demonstrate equivalent proficiency gained through years of experience. The firm's policy only accepts the certification. Which of the following statements most accurately reflects the legal principles involved?
A law firm requires its paralegals to have a specific legal software certification, but some paralegals can demonstrate equivalent proficiency gained through years of experience. The firm's policy only accepts the certification. Which of the following statements most accurately reflects the legal principles involved?
A retail store advertises for a cashier position, stating that 'only candidates with excellent communication skills' are required. This attracts a diverse pool of applicants, but in reality, only fluent English speakers have been hired. What legal issue does this situation raise?
A retail store advertises for a cashier position, stating that 'only candidates with excellent communication skills' are required. This attracts a diverse pool of applicants, but in reality, only fluent English speakers have been hired. What legal issue does this situation raise?
A construction company consistently fills its 'heavy equipment operator' positions with men, even though qualified women apply. The company argues that this is based on the physical demands of the job. What must the company demonstrate to defend this practice legally?
A construction company consistently fills its 'heavy equipment operator' positions with men, even though qualified women apply. The company argues that this is based on the physical demands of the job. What must the company demonstrate to defend this practice legally?
A company implements a policy that requires all employees to wear company uniforms. The uniforms, however, are designed specifically to fit male body shapes, making it difficult for some female employees to find suitable sizes. Which of the following is the most accurate legal interpretation of this situation?
A company implements a policy that requires all employees to wear company uniforms. The uniforms, however, are designed specifically to fit male body shapes, making it difficult for some female employees to find suitable sizes. Which of the following is the most accurate legal interpretation of this situation?
A restaurant has a policy that requires all waitstaff to wear high heels. This requirement is not based on any specific safety or service needs. Which of the following options best reflects the legal issue involved?
A restaurant has a policy that requires all waitstaff to wear high heels. This requirement is not based on any specific safety or service needs. Which of the following options best reflects the legal issue involved?
Flashcards
Discrimination based on sex
Discrimination based on sex
Discrimination in public decency or insurance benefits based on sex is permitted.
Discrimination by insurance
Discrimination by insurance
Discrimination based on disability or age in insurance is permitted for benefits determination.
Purchase discrimination in property
Purchase discrimination in property
Denying property purchase opportunities based on identity traits is prohibited.
Commercial unit purchase rights
Commercial unit purchase rights
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Dwelling unit purchase rights
Dwelling unit purchase rights
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Land acquisition discrimination
Land acquisition discrimination
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Tenancy rights
Tenancy rights
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Distinctions in tenancy conditions
Distinctions in tenancy conditions
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List of protected characteristics
List of protected characteristics
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age
age
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complainant
complainant
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discrimination
discrimination
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employment agency
employment agency
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tribunal
tribunal
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trade union
trade union
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commissioner
commissioner
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Exemptions for Organizations
Exemptions for Organizations
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Employment Equity Programs
Employment Equity Programs
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Protection Against Retaliation
Protection Against Retaliation
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Approval of Special Programs
Approval of Special Programs
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Scope of Authority
Scope of Authority
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Shared space exception
Shared space exception
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Age-related tenancy exception
Age-related tenancy exception
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Disability accommodation
Disability accommodation
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Bona fide occupational requirement
Bona fide occupational requirement
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Gender pay discrimination
Gender pay discrimination
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Skill, effort, and responsibility definition
Skill, effort, and responsibility definition
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Rental unit class exception
Rental unit class exception
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Employment advertisement restrictions
Employment advertisement restrictions
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Discrimination in wages overview
Discrimination in wages overview
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Criteria for similar work
Criteria for similar work
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Pay difference justification
Pay difference justification
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Pay reduction prohibition
Pay reduction prohibition
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Employee recovery rights
Employee recovery rights
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Discrimination avoidance
Discrimination avoidance
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Employment agency neutrality
Employment agency neutrality
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Seniority exemptions
Seniority exemptions
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Insurance plan exemptions
Insurance plan exemptions
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Criminal conviction irrelevance
Criminal conviction irrelevance
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Protected characteristics list
Protected characteristics list
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Decision Notification
Decision Notification
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Complaint Assignment
Complaint Assignment
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Presiding Member
Presiding Member
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Evidence Acceptance
Evidence Acceptance
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Privileged Evidence
Privileged Evidence
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Evidence in Private
Evidence in Private
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Practice Rules
Practice Rules
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Section 4 Limitations
Section 4 Limitations
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Timely Resolutions
Timely Resolutions
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Technical Defects
Technical Defects
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Delegation of Powers
Delegation of Powers
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Revoking Delegation
Revoking Delegation
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Human Rights Commissioner Term
Human Rights Commissioner Term
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Delegation Evidence Requirement
Delegation Evidence Requirement
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Enforcement of settlement agreements
Enforcement of settlement agreements
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Waiver of enforcement
Waiver of enforcement
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British Columbia Human Rights Tribunal
British Columbia Human Rights Tribunal
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Administrative Tribunals Act application
Administrative Tribunals Act application
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Appointment of tribunal members
Appointment of tribunal members
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Tribunal staff appointments
Tribunal staff appointments
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Consultants and specialists
Consultants and specialists
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Judicial review time limit
Judicial review time limit
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Tribunal's powers
Tribunal's powers
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Human Rights Code issues
Human Rights Code issues
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Tribunal Decision
Tribunal Decision
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Written Notification Requirement
Written Notification Requirement
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Modification of Orders
Modification of Orders
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Enforcement of Orders
Enforcement of Orders
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Annual Report Requirement
Annual Report Requirement
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Disclosures in Settlement
Disclosures in Settlement
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Powers of Modification
Powers of Modification
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Unforeseen Circumstances
Unforeseen Circumstances
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Certified Copy Filing
Certified Copy Filing
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Confidentiality Consent
Confidentiality Consent
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Discrimination exceptions
Discrimination exceptions
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Property purchase discrimination
Property purchase discrimination
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Tenancy discrimination
Tenancy discrimination
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Indigenous identity protection
Indigenous identity protection
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Age as a protected characteristic
Age as a protected characteristic
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Race discrimination in housing
Race discrimination in housing
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Mental/physical disability discrimination
Mental/physical disability discrimination
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Marital status discrimination
Marital status discrimination
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Sexual orientation discrimination
Sexual orientation discrimination
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collective agreement
collective agreement
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intervenor
intervenor
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occupational association
occupational association
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employment
employment
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panel
panel
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party
party
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Discrimination in employment
Discrimination in employment
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Retention of employment rights
Retention of employment rights
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Prohibited Discrimination
Prohibited Discrimination
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Filing Complaints
Filing Complaints
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Complaint Time Limit
Complaint Time Limit
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Continuing Contraventions
Continuing Contraventions
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Acceptance of Late Complaints
Acceptance of Late Complaints
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Shared Facility Exception
Shared Facility Exception
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Age-Based Rental Unit Exception
Age-Based Rental Unit Exception
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Disability Accommodation Exception
Disability Accommodation Exception
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Gender Pay Equality Rule
Gender Pay Equality Rule
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Valid Pay Difference Factors
Valid Pay Difference Factors
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Employment Advertisement Limitations
Employment Advertisement Limitations
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Discrimination Based on Employment Factors
Discrimination Based on Employment Factors
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Wage Discrimination Prohibition
Wage Discrimination Prohibition
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Study Notes
BC Human Rights Code Definitions
- Age: 19 years or older
- Chair: Member designated under section 31, tribunal chair
- Collective Agreement: Defined in the Labour Relations Code
- Commissioner: Human Rights Commissioner appointed under section 47.01
- Complainant: Person or group filing a complaint under section 21
- Complaint: Complaint filed under section 21
- Discrimination: Includes conduct in sections 7, 8 (1)(a), 8(9)(a & b), 10 (1)(a), 11, 13 (1)(a) & (2), 14(a & b), 43 and 47.21
- Employers' Organization: Organization of employers regulating employer-employee relations
- Employment: Relationship of master/servant, master/apprentice & principal/agent (substantial part of agent's work for one principal)
- Employment Agency: Person procuring employees for employers or employment for persons (with or without compensation)
- Indigenous: Means Indigenous people in the Declaration on the Rights of Indigenous Peoples Act
- Intervenor: Commissioner or other person allowed to intervene under section 22.1
- Member: Appointed under section 31, member of the tribunal
- Occupational Association: Trade union or employers' organization (membership prerequisite to trade/occupation)
- Panel: Panel designated under section 27.1(1)(b)
- Party: Complainant, respondent, and any other party added by the tribunal
- Person: Includes employer, employment agency, employers' organization, occupational association, and trade union
- Trade Union: Organization of employees regulating employee-employer relations
- Tribunal: British Columbia Human Rights Tribunal
BC Human Rights Code Purposes
- Foster Society: Facilitate full participation in British Columbia's economic, social, political, and cultural life
- Promote Understanding: Create a climate of understanding and mutual respect where all are equal in dignity and rights
- Prevent Discrimination: Prevent discrimination prohibited by the Code
- Eliminate Inequality: Identify and eliminate patterns of inequality associated with prohibited discrimination
- Redress Discrimination: Provide a means of redress for those discriminated against contrary to the Code
BC Human Rights Code General Provisions
- Code Prevails: If conflict with another enactment, this Code prevails
- Discriminatory Publication: Prohibits publishing, issuing, displaying, or causing publication/issuance/display of statements, notices, signs, symbols, emblems, or other representations that indicate discrimination or likelihood of exposure to hatred/contempt based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical/mental disability, sex, sexual orientation, gender identity, or expression, or age
- Discrimination in Accommodation, Service, and Facilities: Prohibits denying accommodation, services, or facilities customarily available to the public based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical/mental disability, sex, sexual orientation, gender identity, or expression, and age
- Discrimination in Purchase of Property: Prohibits denying the opportunity to purchase commercial/dwelling units or land based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, physical/mental disability, sex, sexual orientation, and age
- Discrimination in Tenancy Premises: Prohibits denying tenancy rights or discriminating against tenants based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, physical/mental disability, sex, sexual orientation, gender expression, age, or lawful source of income
BC Human Rights Code: Other Provisions
- Discrimination in Employment Advertisements: Bans advertisements expressing limitations/preferences relating to Indigenous identity, race, color, and other protected characteristics, unless based on a bona fide occupational requirement
- Discrimination in Wages: Prohibits employers from paying employees of one sex less than the rate paid to employees of another sex for similar, substantially similar work
- Discrimination in Employment: Prohibits refusing or not continuing to employ a person or discriminating against employment based on Indigenous identity, race, color, ancestry, place of origin, political belief, religion, marital status, family status, physical/mental disability, sex, sexual orientation, gender identity, or age, or for conviction of a crime irrelevant to employment
- Discrimination by Unions and Associations: Prohibits trade unions, employers' organizations, and occupational associations from excluding/expelling members or discriminating against them due to protected characteristics
- Complaints: Allows any person/group to file a complaint alleging contravention of the Code in a form satisfactory to the tribunal
- Time Limit for Filing a Complaint: Sets a one-year time limit for complaints, with exceptions for continuing contraventions and certain circumstances beyond the time limit
- Commissioner and Other Intervenors: Establishes authority for commissioner or other person to intervene in complaints, and designates circumstances for allowing other persons to intervene
- Dismissal of a Complaint: Provides criteria for dismissing a complaint (e.g., lack of jurisdiction, no reasonable prospect of success, improper motives)
- Assignment of Complaints: Outlines how complaints are assigned (to a single member or panel)
- Evidence: Defines acceptable evidence, allowing evidence admissible in court or otherwise deemed necessary and appropriate
- Powers to make Rules and Orders: Gives the tribunal power to make rules respecting practice and procedure
- Dismissal for Failure to Pursue Complaint: Outlines circumstances under which tribunal can dismiss complaints for failure to diligently pursue a complaint
- Assisting Parties to Settle: Authorizes members/individuals to facilitate dispute resolution and settle complaints
- Enforcement of Settlement Agreements: Enables parties to the settlement agreement to apply to Supreme Court for enforcement
- Human Rights Tribunal: Details the structure and members of the Human Rights Tribunal
- Application of Administrative Tribunals Act: Specifies provisions of the Act applying to the tribunal
- Staff of the Tribunal: Explains how employees necessary to carry out powers and duties of the tribunal are appointed
- Remidies: Describes actions a tribunal can take to address a justified complaint
- Modification of Orders: Describes when orders can be modified by members or panels
- Enforcement of Remedies: Outlines how remedies can be enforced
- Annual Report: Requires tribunal to submit an annual report on their activities to the minister
- Disclosure: Establishes confidential nature of information related to settlement attempts
- Exemptions: Describes instances where charitable/philanthropic organizations are exempt from certain Code provisions
- Special Programs: Defines what kinds of programs or activities are considered to be special programs; outlines circumstances when organizations can implement programs
- Protection: Prohibits evicting, discharging, suspending, expelling, intimidating or coercing people because they complain or participate in human rights related activities.
- Style of Cause for Proceedings: Sets out how proceeding can be started
- Technical Defects: Explains that defects or technical irregularities do not invalidate proceedings
- Delegation of Powers: Out lines the delegation of powers
- Time Limits: Details timeframes for complaints and procedures if deadlines are missed
- Human Rights Commissioner: Specifies the appointment process and role of the Commissioner
- Acting Commissioner: Outlines procedures for acting commissioners to take over duties during commissioner's absence
- Salary, Expenses, and Benefits of Commissioner: Specifies compensation and reimbursement arrangements for the Human Rights Commissioner; includes reasonable travel and out-of-pocket expenses.
- Oath of Commissioner: Describes required oath upon taking office
- Staff of Commissioner: Details appointment of staff by the commissioner and the use of specialists
- Delegation by Commissioner: Authorizes delegation of commissioner's powers
- Advisory Council: Describes the role of the advisory council; includes the commissioner's role in appointing members and setting terms and conditions
- Restrictions on Disclosure: Provides restrictions on disclosure by the commissioner and staff; specifies instances where the commissioner must not disclose information.
- Powers of Commissioner: Includes additional responsibilities and powers of the commissioner such as promoting compliance with international human rights, intervening in complaints in law courts, initiating inquiries, and more.
- Provision of Tribunal Records to Commissioner: Authorizes the tribunal to provide records to the commissioner on request
- Referrals: Outlines how matters can be referred to the commissioner for inquiry and report.
- Commissioner's Inquiry: Discusses the commissioner's power to initiate inquiries into human rights matters
- Commissioner's Order Powers for Inquiries: Gives the commissioner the power to issue orders in connection with inquiries
- Expenses Reimbursement: Allows for reimbursement of expenses incurred by individuals in complying with commissioner's orders
- Cabinet Information Protected: Explains situations where the commissioner is not permitted to seek information if it concerns cabinet; details circumstances when information request must not be required.
- Review of Sections 47.01 to 47.24: Outlines periodic reviews of the human rights code; stipulates that reviews must be undertaken at least every five years.
- Enforcement of Commissioner's Orders: Describes how commissioner's orders can be enforced; outlines filing copy of an order with Supreme Court.
- Commissioner's Inquiry Reports: Outlines the process for the creation and communication of commissioner's inquiry reports; states commissioner may issue written reports.
- Offence Act: Rules related to prosecution of offenders under the Code, stating that section 5 of the Offence Act does not apply to the Code or its regulations.
- Power to Make Regulations: Lists regulations that may be created by the Lieutenant Governor in Council, outlining their scope and purpose; includes regulations on standards, periods, procedures, and suspension.
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