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An Act to amend the Canadian Human Rights Act (protecting freedom) (S.C. 2013, c. 37)

Assented to 2013-06-26

An Act to amend the Canadian Human Rights Act (protecting freedom)

S.C. 2013, c. 37

Assented to 2013-06-26

An Act to amend the Canadian Human Rights Act (protecting freedom)

SUMMARY

This enactment amends the Canadian Human Rights Act by deleting section 13 to ensure there is no infringement on freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. H-6CANADIAN HUMAN RIGHTS ACT

 Section 4 of the Canadian Human Rights Act is replaced by the following:

Marginal note:Orders regarding discriminatory practices

4. A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided in section 53.

 Section 13 of the Act is repealed.

 Paragraph 40(5)(b) of the Act is replaced by the following:

  • (b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10 or 12 in respect of which no particular individual is identifiable as the victim;

 Section 54 of the Act is replaced by the following:

Marginal note:Limitation

54. No order that is made under subsection 53(2) may contain a term

  • (a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or

  • (b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith.

 Section 57 of the Act is replaced by the following:

Marginal note:Enforcement of order

57. An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy.

COMING INTO FORCE

Marginal note:Coming into force

 This Act comes into force on the day that is one year after the day on which it receives royal assent.

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