Alberta Human Rights Act PDF

ALBERTA HUMAN RIGHTS ACT ------------------------ Preamble -------- WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all persons is the foundation of freedom, justice and peace in the world; WHEREAS it is recognized in Alberta as a fundamental principle and as a...

ALBERTA HUMAN RIGHTS ACT ------------------------ Preamble -------- WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all persons is the foundation of freedom, justice and peace in the world; WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation; WHEREAS multiculturalism describes the diverse racial and cultural composition of Alberta society and its importance is recognized in Alberta as a fundamental principle and a matter of public policy; WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity; and WHEREAS it is fitting that these principles be affirmed by the Legislature of Alberta in an enactment whereby those equality rights and that diversity may be protected: THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Effect of Act on provincial laws -------------------------------- 1. **(1)** Unless it is expressly declared by an Act of the Legislature that it operates notwithstanding this Act, every law of Alberta is inoperative to the extent that it authorizes or requires the doing of anything prohibited by this Act. Alberta Heritage Day -------------------- 2. In recognition of the cultural heritage of Alberta, the first Monday in August each year shall be observed as a day of public celebration and known as "Alberta Heritage Day". Code of Conduct --------------- a. indicates discrimination or an intention to discriminate against a person or a class of persons, or b. is likely to expose a person or a class of persons to hatred or contempt 2. Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject. 3. Subsection (1) does not apply to a. the display of a notice, sign, symbol, emblem or other representation displayed to identify facilities customarily used by b. the display or publication by or on behalf of an organization that i. is composed exclusively or primarily of persons having the same political or religious beliefs, ancestry or place of origin, and ii. is not operated for private profit, c. the display or publication of a form of application or an advertisement that may be used, circulated or published pursuant to section 8(2), Discrimination re goods, services, accommodation, facilities 4 No person shall ------------------------------------------------------------------------------ a. deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or b. discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public, Benefit based on age -------------------- 1. Section 4 as it relates to age does not apply with respect to the conferring of a benefit on a. minors or any age-based class of minors, or b. individuals who have reached a specified age not less than 55. Minimum age for occupancy ------------------------- a. a residential unit as defined in the *Condominium Property Act,* b. a housing unit as defined in the *Cooperatives Act,* or c. a mobile home site as defined in the *Mobile Home Sites Tenancies Act,* 2. Section 4 as it relates to age and family status does not apply with respect to a minimum age for occupancy that applies to accommodation at premises in which every unit or site is reserved for occupancy by one 3. A minimum age for occupancy under subsection (2) a. must not prevent occupancy by a prescribed class of individuals or in the prescribed circumstances, and b. may permit occupancy by a prescribed class of individuals or in the prescribed circumstances. 4. If a minimum age for occupancy is adopted in accordance with subsection (2), the minimum age for occupancy shall not be considered to be non-compliant with subsection (2) by reason of continued occupation by individuals who were resident in the premises before that minimum age for occupancy was adopted and who do not conform to the minimum age for occupancy, to subsection (2) or to the regulations referred to in subsection (3). c. deny to any person or class of persons the right to occupy as a tenant any commercial unit or self-contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or d. discriminate against any person or class of persons with respect to any term or condition of the tenancy of any commercial unit or self-contained dwelling unit, 2. Subsection (1) as it relates to age and family status does not apply with respect to a minimum age for occupancy for premises that contain a unit or site to which section 4.2(1) applies. 3. Subsection (1) as it relates to age and family status does not apply with respect to a minimum age for occupancy that applies to a unit or site at premises in which every unit or site is reserved for occupancy by one individual who has reached a specified age not less than 55 or by two or more individuals at least one of whom has reached a specified age not less than 55. 4. A minimum age for occupancy under subsection (3) a. must not prevent occupancy by a prescribed class of individuals or in the prescribed circumstances, and b. may permit occupancy by a prescribed class of individuals or in the prescribed circumstances. 5. If a landlord adopts a minimum age for occupancy in accordance with subsection (3), the minimum age for occupancy shall not be considered to be non-compliant with subsection (3) by reason of continued occupation by individuals who were resident in the premises before that minimum age for occupancy was adopted and who do not conform to the minimum age for occupancy, to subsection (3) or to the regulations under subsection (4). Regulations ----------- 1. The Lieutenant Governor in Council may make regulations a. respecting the classes of individuals and the circumstances referred to in sections 4.2(3)(a) and 5(4)(a); b. respecting the classes of individuals and the circumstances referred to in sections 4.2(3)(b) and 5(4)(b); c. determining or respecting the determination of whether and when a minimum age for occupancy is in existence for the purposes of section 4.2(1) or deeming a minimum age for occupancy to be in existence. Equal pay --------- 2. No employer shall reduce the rate of pay of an employee in order to comply with this section. 3. When an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer by action the difference between the amount paid and the amount to which the employee was entitled, together with costs, but a. the action must be commenced within 12 months from the date on which the cause of action arose and not afterwards, b. the action applies only to the wages of an employee during the 12-month period immediately preceding the termination of the employee's services or the commencement of the action, whichever occurs first, c. the action may not be commenced or proceeded with when the employee has made a complaint to the Commission in respect of the contravention of this section, and d. no complaint by the employee in respect of the contravention shall be acted on by the Commission when an action has been commenced by the employee under this section. a. refuse to employ or refuse to continue to employ any person, or b. discriminate against any person with regard to employment or any term or condition of employment, 2. Subsection (1) as it relates to age and marital status does not affect the operation of any bona fide retirement or pension plan or the terms or conditions of any bona fide group or employee insurance plan. 3. Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement. Applications and advertisements re employment --------------------------------------------- **8(1)** No person shall use or circulate any form of application for employment or publish any advertisement in connection with employment or prospective employment or make any written or oral inquiry of an applicant a. that expresses either directly or indirectly any limitation, specification or preference indicating discrimination on the basis of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person, or b. that requires an applicant to furnish any information concerning race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation. Membership in trade union, etc. ------------------------------- a. exclude any person from membership in it, b. expel or suspend any member of it, or c. discriminate against any person or member, Prohibitions regarding complaints --------------------------------- **10(1)** No person shall retaliate against a person because that person a. has made or attempted to make a complaint under this b. has given evidence or otherwise participated in or may give evidence or otherwise participate in a proceeding under this Act, c. has made or is about to make a disclosure that person may be required to make in a proceeding under this Act, or d. has assisted in any way in i. making or attempting to make a complaint under this Act, or ii. the investigation, settlement or prosecution of a complaint under this Act. Ameliorative policies, programs and activities ---------------------------------------------- 1. It is not a contravention of this Act to plan, advertise, adopt or implement a policy, program or activity that a. has as its objective the amelioration of the conditions of disadvantaged persons or classes of disadvantaged persons, including those who are disadvantaged because of their race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, and b. achieves or is reasonably likely to achieve that objective. Reasonable and justifiable contravention ---------------------------------------- 11. A contravention of this Act shall be deemed not to have occurred if the person who is alleged to have contravened the Act shows that the alleged contravention was reasonable and justifiable in the circumstances. Crown is bound -------------- 12. The prohibitions contained in this Act apply to and bind the Crown in right of Alberta and every agency and servant of the Crown in right of Alberta. Fund continued -------------- 2. The following money shall be deposited into the Fund: a. money voted by the Legislature for the purpose of the Fund; b. money received by the Government pursuant to agreements with the Government of Canada or with a province or territory or any agency of the Government of Canada or of a province or territory, pertaining to matters related to the purposes of this Act; c. money from fees for programs or services provided pursuant to this Act. 3. The Minister d. shall hold and administer the Fund, and e. may be a participant under section 40 of the *Financial Administration Act* on behalf of the Fund. 4. The income of the Fund accrues to and forms part of the Fund. 5. The Minister may pay money from the Fund f. for educational programs and services related to the purposes of this Act, and g. to make grants pursuant to section 14. Grants ------ a. the Minister is authorized to do so by regulations under this section, and b. there is money available in the Fund. Alberta Human Rights Commission ------------------------------- 2. The Lieutenant Governor in Council may designate one of the members as Chief of the Commission and Tribunals. 3. The Minister may designate one of the members of the Commission as Acting Chief of the Commission and Tribunals, and the Acting Chief so designated has, during the absence of the Chief of the Commission and Tribunals, the powers and duties of the Chief of the Commission and Tribunals. 4. The Chief of the Commission and Tribunals and other members of the Commission shall receive remuneration and expenses for their services as prescribed by the Minister. Functions of Commission ----------------------- a. to forward the principle that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, b. to promote awareness and appreciation of and respect for the multicultural heritage of Alberta society, c. to promote an environment in which all Albertans can participate in and contribute to the cultural, social, economic and political life of Alberta, d. to encourage all sectors of Alberta society to provide equality of opportunity, e. to research, develop and conduct educational programs designed to eliminate discriminatory practices related to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, f. to promote an understanding of, acceptance of and compliance with this Act, g. to encourage and co-ordinate both public and private human rights programs and activities, and h. to advise the Minister on matters related to this Act. Bylaws ------ a. the carrying out of its powers, duties and functions under this Act, b. administrative, practical and procedural matters related to the filing and handling of complaints under this Act, including but not limited to i. complaints and the director's exercise of functions, duties and powers with respect to complaints, ii. appeal proceedings referred to in section 26, and iii. proceedings before a human rights tribunal, and c. administrative, practical and procedural matters for iv. waive or vary the application to a proceeding of a bylaw or of a time limit established by a bylaw, so long as the Act is complied with, v. define or narrow the issues required to dispose of a complaint and limit the evidence and submissions of the parties on issues, vi. determine the order in which the issues and evidence in a proceeding will be considered, vii. establish forms, guidelines, practice directions and procedures in respect of this Act and the bylaws, and viii. with respect to a human rights tribunal, perform the functions and exercise the powers and duties of the tribunal as if its proceeding were an inquiry under the *Public Inquiries Act.* 2. The *Regulations Act* does not apply to bylaws of the Commission. 3. Bylaws of the Commission are not effective until they have been approved by the Minister. 4. This section and the bylaws shall be liberally construed to permit the use of policies, practices, hearings and other procedures, including alternatives to traditional adjudicative or adversarial procedures that, in the opinion of the Commission, will facilitate fair, just and expeditious resolutions of the merits of complaints under this Act. Director and staff ------------------ 2. The Minister may appoint any employees that the Minister considers necessary for the purpose of the administration of this Act. 3. The director may in writing designate an employee as deputy director. 4. The deputy director may exercise a. in the absence of the director, the functions, powers and duties conferred or imposed on the director in accordance with this Act, or b. at the request or with the approval of the director, the functions, powers and duties conferred or imposed on the director in accordance with this Act that are specified by the director. Annual report ------------- Enforcement Who may make complaint ---------------------------------- a. be in a form acceptable to the Commission, and b. be made within one year after the alleged contravention of the Act occurs. Director's powers and duties re complaint ----------------------------------------- a. dismiss the complaint, in whole or in part, if the director determines that the complaint or part of the complaint i. is without merit, ii. was made in bad faith for an improper purpose or motive, iii. has no reasonable prospect of success, or iv. is a complaint or part of a complaint that is being, has been, will be or should be more appropriately dealt with in another forum or under another Act, b. attempt to effect a settlement of the complaint by one or more of the following means: v. conciliation; vi. the appointment of a person to investigate the complaint, c. refer the complaint to the Chief of the Commission and Tribunals for resolution by a human rights tribunal. 2. For greater certainty, the director may at any time a. refuse to accept or dismiss a complaint or part of a complaint that i. is not within the jurisdiction of the Act, ii. is not in accordance with the Act or the bylaws, iii. is being, has been, will be or should be more appropriately dealt with in another forum or under another Act, b. accept a complaint or part of a complaint referred to in subsection (l)(a)(iv) pending the outcome of the matter in the other forum or under the other Act. 3. The director may dismiss a complaint or part of a complaint if the director is of the opinion that the complainant has refused to accept a proposed settlement that is fair and reasonable. 4. The director shall forthwith serve notice of a decision under this section on the complainant and the person against whom the complaint was made. Investigator's powers --------------------- a. subject to subsection (2), enter any place at any reasonable time and examine it; b. make inquiries orally or in writing of any person who has or may have information relevant to the subject-matter of the investigation; c. demand the production for examination of records and documents, including electronic records and documents, that are or may be relevant to the subject-matter of the investigation; d. on giving a receipt for them, remove any of the things referred to in clause (c) for the purpose of making copies of or extracts from them. 2. An investigator may enter and examine a room or place actually used as a dwelling only if a. the owner or person in possession of it consents to the entry and examination, or b. the entry and examination is authorized by a judge under section 24. Judge's order ============= a. in the case of a room or place actually used as a dwelling, the investigator cannot obtain the consent under section 23(2) or, having obtained the consent, has been obstructed or interfered with, b. the investigator has been refused entry to a place other than a dwelling, c. a person refuses or fails to answer inquiries under section 23(l)(b), or d. a person on whom a demand is made under section 23(1) c. refuses or fails to comply with the demand or to permit the removal of a thing under section 23( 1 )(d), Copies of documents =================== Appeal to Chief of the Commission and Tribunals =============================================== 2. The Commission shall serve a copy of a notice requesting a review referred to in subsection (1) on the person against whom the complaint was made. 3. The Chief of the Commission and Tribunals shall a. review the record of the director's decision and decide whether i. the complaint should have been dismissed, or ii. the proposed settlement was fair and reasonable, as the case may be, and b. forthwith serve notice of the decision of the Chief of the 4. The Chief of the Commission and Tribunals may delegate the functions, powers and duties set out in subsection (3) to another member of the Commission. Referral to human rights tribunal ================================= c. where the director refers the complaint for resolution by a tribunal under section 21(l)(c); d. where the Chief of the Commission and Tribunals or another member of the Commission decides under section 26(3) that the complaint should not have been dismissed or that the proposed settlement was not fair and reasonable. 2. A human rights tribunal shall consist of one or more members of the Commission, one of whom may be the Chief of the Commission and Tribunals. 3. Where the Chief of the Commission and Tribunals or another member of the Commission has conducted a review under section 26(3) in respect of a complaint, the Chief of the Commission and Tribunals or the other member, as the case may be, is not eligible to sit as a member of a human rights tribunal dealing with that complaint. 4. A human rights tribunal and each member of the tribunal have all the powers of a commissioner under the *Public Inquiries Act.* 5. If a human rights tribunal consists of more than one member, the decision of the majority is the decision of the tribunal. Parties ======= a. the director; b. the person named in the complaint as the complainant; c. any person named in the complaint who is alleged to have been dealt with contrary to this Act; d. any person named in the complaint who is alleged to have contravened this Act; e. any other person specified by the tribunal, on any notice that the tribunal determines, and after that person has been given an opportunity to be heard against being made a party. Carriage of proceeding ====================== a. where the Chief of the Commission and Tribunals or a member of the Commission has made a decision under section 26(3) that the complaint should not have been dismissed or that the proposed settlement was not fair and reasonable, or b. where, in the opinion of the director, the director's involvement is not necessary or consistent with the public interest in view of the likely evidence or the issues to be resolved in the proceeding,  2. The director shall not have carriage of a proceeding before a court without the approval in writing of the Chief of the Commission and Tribunals. 3. Where the director has carriage of a proceeding, the director may determine the nature and extent of the director's participation in the proceeding. Procedural rules ================ 2. Evidence may be given before a human rights tribunal in any manner that the tribunal considers appropriate, and the tribunal is not bound by the rules of law respecting evidence in judicial proceedings. 3. A human rights tribunal, on proof of service of notice of a hearing in accordance with this Act on the person against whom a complaint was made, may proceed with the hearing in the absence of that person and decide on the matter being heard in the same way as though that person were in attendance. 4. A hearing before a human rights tribunal shall be open to the public unless, on the application of any party, the human rights tribunal decides that it would be advisable to hold the hearing in private a. because of the confidential nature of the matter to be heard, or b. because of the potential adverse effect on any of the parties, other than the person against whom the complaint was made. Question of law =============== Powers of tribunal ================== a. shall, if it finds that i. a complaint is without merit, order that the complaint be dismissed, or ii. a part of a complaint is without merit, order that the part be dismissed, b. may, if it finds that a complaint has merit in whole or in part, order the person against whom the finding was made to do any or all of the following: iii. to cease the contravention complained of; iv. to refrain in the future from committing the same or any similar contravention; v. to make available to the person dealt with contrary to this Act the rights, opportunities or privileges that person was denied contrary to this Act; vi. to compensate the person dealt with contrary to this Act for all or any part of any wages or income lost or expenses incurred by reason of the contravention of this Act; vii. to take any other action the tribunal considers proper to place the person dealt with contrary to this Act in the position the person would have been in but for the contravention of this Act. 2. A human rights tribunal may make any order as to costs that it considers appropriate. 3. A human rights tribunal shall serve a copy of its decision, including the findings of fact on which the decision was based and the reasons for the decision, on the parties to the proceeding. Reconsideration =============== Retroactive compensation limit ============================== Effect of decision ================== Enforcement of settlement agreement =================================== Entry of order ============== Order after inquiry =================== Proceedings against trade unions, etc. ====================================== Protection from giving evidence =============================== Protection from liability ========================= Offence ======= 2. A person who contravenes subsection (1) is guilty of an offence and liable to a fine of not more than \$10 000. 3. Where a. a corporation, or b. an employment agency, employers' organization, occupational association or trade union that is not a corporation Service of documents ==================== a. left in person with the Commission at one of its offices, b. sent by electronic means in accordance with the bylaws, c. sent to any office of the Commission by registered mail. 2. A notice or other document required by this Act or the bylaws to be served on any person is deemed to be properly served if it is a. served personally on the person, b. sent by email to the email address provided by the person for the purpose of receiving the notice or other document, or c. sent by registered mail to the last address for that person known to the Commission. 3. Where it is necessary to prove filing or service of any notice or document, d. if filing or service is effected personally, the actual date on which it is filed or served is the date of filing or service, e. if filing or service is effected by email, the time provided for in the bylaws is the time of filing or service, and  f. if filing or service is effected by registered mail, filing or service shall be deemed to have been effected on the earlier of i. the date of receipt, or ii. 7 days after the date on which it was mailed. Electronic proceedings ====================== 1. A hearing or other proceeding, including conciliation and dispute resolution, may be conducted as a. an electronic proceeding, or b. a combined in-person and electronic proceeding. General ======= **Interpretation** **44(1)** In this Act, a. "age" means, except for the purposes of sections 4.1, 4.2, 5(2) to (5) and 5.1, 18 years of age or older; b. "commercial unit" means a building or other structure or part of it that is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property, or a space that is used or occupied or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in a building or other structure or in a part of it; c. "Commission" means the Alberta Human Rights Commission; d. "employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees; e. "employment agency" includes a person who undertakes with or without compensation to procure employees for employers and a person who undertakes with or without compensation to procure employment for persons; f. "family status" means the status of being related to another person by blood, marriage or adoption; g. "marital status" means the state of being married, single, widowed, divorced, separated or living with a person in a conjugal relationship outside marriage; h. "mental disability" means any mental disorder, developmental disorder or learning disorder, regardless of the cause or duration of the disorder; i. "Minister" means the Minister determined under section 16 of the *Government Organization Act* as the Minister responsible for this Act; j. "occupational association" means an organization other than a trade union or employers' organization in which membership is a prerequisite to carrying on any trade, occupation or profession; k. "person", in addition to the extended meaning given it by the *Interpretation Act,* includes an employment agency, an employers' organization, an occupational association and a trade union; l. "physical disability" means any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes epilepsy, paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, and physical reliance on a guide dog, service dog, wheelchair or other remedial appliance or device; m. "religious beliefs" includes native spirituality; n. "source of income" means lawful source of income; o. "trade union" means an organization of employees formed for purposes that include the regulation of relations between employees and employers. a. a residential unit as defined in the *Condominium Property Act,* b. a housing unit as defined in the *Cooperatives Act,* and c. a mobile home site as defined in the *Mobile Home Sites Tenancies Act.*