Trade Union Regulations and Complaints Quiz

BC Human Rights Code Definitions

• Age: 19 years or more
• Chair: Member designated under section 31, as chair of the tribunal
• Collective Agreement: A collective agreement as defined in the Labour Relations Code
• Commissioner: The Human Rights Commissioner appointed under section 47.01
• Complainant: Person or group of persons filing a complaint under section 21
• Complaint: A 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: An organization of employers formed to regulate relations between employers and employees
• Employment: Includes the relationship of master and servant, master and apprentice, principal and agent, with a substantial part of the agent's service relating to one principal. "Employ" has a corresponding meaning.
• Employment Agency: Includes a person who undertakes, with or without compensation to procure employees for employers or to procure employment for persons
• Indigenous: In relation to a person, means Indigenous within the meaning of "Indigenous peoples" as defined in the Declaration on the Rights of Indigenous Peoples Act
• Intervenor: The commissioner entitled, or other person allowed, under section 22.1 to intervene in a complaint
• Member: A person appointed under section 31 as a member of the tribunal
• Occupational Association: An organization (excluding trade unions or employers' organizations) where membership is a prerequisite for carrying on a trade, occupation, or profession.
• Panel: A panel designated under section 27.1(1)(b)
• Party: In respect to a complaint, means the complainant, the person against whom the complaint is made, and any person the tribunal adds as a party
• Person: Includes employer, employment agency, employers' organization, occupational association, and trade union
• Trade Union: An organization of employees formed with the purpose to regulate relations between employees and employers
• Tribunal: The British Columbia Human Rights Tribunal

BC Human Rights Code Purposes

• Foster a Society: Promote full and free participation in British Columbia's economic, social, political, and cultural life.
• Promote Understanding and Respect: Foster a climate of mutual respect and equality where all are equal in dignity and rights.
• Prevent Discrimination: Prevent discrimination forbidden by the Code.
• Eliminate Inequality: Identify and eliminate persistent patterns of inequality associated with prohibited discrimination.
• Provide Redress: Provide a means of redress for those who are discriminated against contrary to the Code

BC Human Rights Code Provisions/Other

• Code Prevails: If there's a conflict between this Code and any other enactment, this Code prevails.
• Discriminatory Publication: A person must not publish, issue, or display a statement, publication, notice, etc., that indicates discrimination or intent to discriminate
• Discrimination in Accommodation, Services and Facilities: A person must not deny a person or class of persons accommodation, services, or facilities customarily available to the public, or discriminate against them because of certain protected characteristics (Indigenous identity, race, etc.)

BC Human Rights Code Discrimination in Employment

• Employment Advertisements: A person must not publish or cause to be published an advertisement in connection with employment which limits, specifies or expresses a preference concerning various protected characteristics (Indigenous identity, race, etc. ). An exception is made for bona fide occupational requirements.
• Discrimination in Wages: An employer may not employ an employee of one sex for work at a rate of pay that is less than the rate of pay at which an employee of another sex is employed by that employer for similar work.

BC Human Rights Code- Complaints and other

• Time Limit for Filing a Complaint: Complaints must be filed within one year of the alleged contravention. Continuing contraventions have a one-year time limit from the last instance.
• Dismissal of a Complaint: A complaint, or part of a complaint, may be dismissed by the tribunal under various circumstances, including outside its jurisdiction, not contravening the Code, no reasonable prospect of success, or if filed for improper motives or made in bad faith.
• Commissioner and Other Intervenors: Procedures for intervention, rules regarding deferral, and other related processes are outlined within sections 22, 25, and 22.1
• Assignment of Complaints: The chair of the tribunal assigns complaints to a single member or a panel of three members appointed by the chair.
• Evidence: The tribunal can accept various forms of evidence, including information that may not be admissible in a court.
• Dismissal for Failure to Pursue: If a party fails to diligently pursue a complaint within a specified time, the tribunal may dismiss the complaint at another party's request or on its own initiative
• Delegation of Powers: The commissioner can delegate powers with conditions. A person acting on delegated authority must produce evidence of that delegation
• Commissioner and Staff Liability: No legal proceedings can be undertaken related to certain actions in relation to the performance of duties under the Code

BC Human Rights Code- Other Sections

• Human Rights Tribunal: The Tribunal is composed of the Lieutenant Governor in Council-appointed members.
• Exemptions: Certain organizations or corporations are exempt from the Code's requirements if their primary purpose is to advance the interests or welfare of an identifiable group.
• Special Programs: It's not discriminatory to make or implement employment equity programs if for the amelioration of conditions of disadvantaged people
• Protection: A person must not evict, discharge, suspend, expel, intimidate, coerce, impose a penalty, deny a right or benefit, or otherwise discriminate against someone for participating in or attempting an inquiry under the Code

BC Human Rights Code- Other

• Style of Cause: Proceedings related to trade unions, employers' / occupational associations are carried out in the organization name. Acts by employees or agents are considered by tribunals as actions of the person
• Technical Defects: Proceedings are not affected in case of technical irregularities.
• Time Limits A fact that a period prescribed under the section has expired does not stop a continuing complaint from continuing.
• Human Rights Commissioner: The commissioner is appointed by the Legislative Assembly and holds office for a term of 5 years, and may be reappointed.
• Commissioner’s Orders for Inquiries: The commissioner can require people to attend, produce documents or make records of things

Enforcement, Reports, Additional Considerations

• Enforcement of Settlement: Parties can enforce breach of settled agreements in court
• Commissioner’s Annual Report: The commission needs to submit an annual report on their activities to the minister.
• Special Reports: A Commissioner may make a special report to the Speaker about their power/duties, research or Human Rights in the Province
• Offense Act (Section 48): Section 5 is not applicable to the Code