PART IProscribed Discrimination (continued)
Discriminatory Practices (continued)
Marginal note:Special programs
16 (1) It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group.
Marginal note:Advice and assistance
(2) The Canadian Human Rights Commission, may
(a) make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and
(b) on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve.
Marginal note:Collection of information relating to prohibited grounds
(3) It is not a discriminatory practice to collect information relating to a prohibited ground of discrimination if the information is intended to be used in adopting or carrying out a special program, plan or arrangement under subsection (1).
- R.S., 1985, c. H-6, s. 16
- 1998, c. 9, s. 16
Marginal note:Plans to meet the needs of disabled persons
17 (1) A person who proposes to implement a plan for adapting any services, facilities, premises, equipment or operations to meet the needs of persons arising from a disability may apply to the Canadian Human Rights Commission for approval of the plan.
Marginal note:Approval of plan
(2) The Commission may, by written notice to a person making an application pursuant to subsection (1), approve the plan if the Commission is satisfied that the plan is appropriate for meeting the needs of persons arising from a disability.
Marginal note:Effect of approval of accommodation plan
(3) Where any services, facilities, premises, equipment or operations are adapted in accordance with a plan approved under subsection (2), matters for which the plan provides do not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the plan was approved.
Marginal note:Notice when application not granted
(4) When the Commission decides not to grant an application made pursuant to subsection (1), it shall send a written notice of its decision to the applicant setting out the reasons for its decision.
- 1980-81-82-83, c. 143, s. 9
Marginal note:Rescinding approval of plan
18 (1) If the Canadian Human Rights Commission is satisfied that, by reason of any change in circumstances, a plan approved under subsection 17(2) has ceased to be appropriate for meeting the needs of persons arising from a disability, the Commission may, by written notice to the person who proposes to carry out or maintains the adaptation contemplated by the plan or any part thereof, rescind its approval of the plan to the extent required by the change in circumstances.
Marginal note:Effect where approval rescinded
(2) To the extent to which approval of a plan is rescinded under subsection (1), subsection 17(3) does not apply to the plan if the discriminatory practice to which the complaint relates is subsequent to the rescission of the approval.
Marginal note:Statement of reasons for rescinding approval
(3) Where the Commission rescinds approval of a plan pursuant to subsection (1), it shall include in the notice referred to therein a statement of its reasons therefor.
- 1980-81-82-83, c. 143, s. 9
Marginal note:Opportunity to make representations
19 (1) Before making its decision on an application or rescinding approval of a plan pursuant to section 17 or 18, the Canadian Human Rights Commission shall afford each person directly concerned with the matter an opportunity to make representations with respect thereto.
Marginal note:Restriction on deeming plan inappropriate
(2) For the purposes of sections 17 and 18, a plan shall not, by reason only that it does not conform to any standards prescribed pursuant to section 24, be deemed to be inappropriate for meeting the needs of persons arising from disability.
- 1980-81-82-83, c. 143, s. 9
Marginal note:Certain provisions not discriminatory
20 A provision of a pension or insurance fund or plan that preserves rights acquired before March 1, 1978 or that preserves pension or other benefits accrued before that day does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
- R.S., 1985, c. H-6, s. 20
- 1998, c. 9, s. 17
Marginal note:Funds and plans
21 The establishment of separate pension funds or plans for different groups of employees does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice if the employees are not grouped in those funds or plans according to a prohibited ground of discrimination.
- R.S., 1985, c. H-6, s. 21
- 1998, c. 9, s. 17
22 The Governor in Council may, by regulation, prescribe the provisions of any pension or insurance fund or plan, in addition to the provisions described in sections 20 and 21, that do not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
- R.S., 1985, c. H-6, s. 22
- 1998, c. 9, s. 17
23 The Governor in Council may make regulations respecting the terms and conditions to be included in or applicable to any contract, licence or grant made or granted by Her Majesty in right of Canada providing for
(a) the prohibition of discriminatory practices described in sections 5 to 14.1; and
(b) the resolution, by the procedure set out in Part III, of complaints of discriminatory practices contrary to such terms and conditions.
- R.S., 1985, c. H-6, s. 23
- 1998, c. 9, s. 18
Marginal note:Accessibility standards
24 (1) The Governor in Council may, for the benefit of persons having any disability, make regulations prescribing standards of accessibility to services, facilities or premises.
Marginal note:Effect of meeting accessibility standards
(2) Where standards prescribed pursuant to subsection (1) are met in providing access to any services, facilities or premises, a matter of access thereto does not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the standards are prescribed.
Marginal note:Publication of proposed regulations
(3) Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make pursuant to this section shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.
(4) Subsection (3) does not apply in respect of a proposed regulation that has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.
Marginal note:Discriminatory practice not constituted by variance from standards
(5) Nothing shall, by virtue only of its being at variance with any standards prescribed pursuant to subsection (1), be deemed to constitute a discriminatory practice.
- 1980-81-82-83, c. 143, s. 11
25 In this Act,
- conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered
conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect; (état de personne graciée)
- conviction for which a pardon has been granted
conviction for which a pardon has been granted[Repealed, 2012, c. 1, s. 139]
disability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug; (déficience)
- employee organization
employee organization includes a trade union or other organization of employees or a local, the purposes of which include the negotiation of terms and conditions of employment on behalf of employees; (organisation syndicale)
- employer organization
employer organization means an organization of employers the purposes of which include the regulation of relations between employers and employees; (organisation patronale)
employment includes a contractual relationship with an individual for the provision of services personally by the individual; (emploi)
Tribunal means the Canadian Human Rights Tribunal established by section 48.1. (Tribunal)
- R.S., 1985, c. H-6, s. 25
- 1992, c. 22, s. 13
- 1998, c. 9, s. 19
- 2012, c. 1, s. 139
PART IICanadian Human Rights Commission
Marginal note:Commission established
26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members referred to as the “Accessibility Commissioner” and the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.
(2) The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
Marginal note:Required qualifications — Pay Equity Commissioner
(2.1) The Governor in Council must take into consideration, in appointing the Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.
Marginal note:Term of appointment
(3) Each full-time member of the Commission may be appointed for a term not exceeding seven years and each part-time member may be appointed for a term not exceeding three years.
(4) Each member of the Commission holds office during good behaviour but may be removed by the Governor in Council on address of the Senate and House of Commons.
(5) A member of the Commission is eligible to be re-appointed in the same or another capacity.
Powers, Duties and Functions
Marginal note:Powers, duties and functions
27 (1) In addition to its duties under Part III with respect to complaints regarding discriminatory practices, the Commission is generally responsible for the administration of this Part and Parts I and III and
(a) shall develop and conduct information programs to foster public understanding of this Act and of the role and activities of the Commission thereunder and to foster public recognition of the principle described in section 2;
(b) shall undertake or sponsor research programs relating to its duties and functions under this Act and respecting the principle described in section 2;
(c) shall maintain close liaison with similar bodies or authorities in the provinces in order to foster common policies and practices and to avoid conflicts respecting the handling of complaints in cases of overlapping jurisdiction;
(d) shall perform duties and functions to be performed by it pursuant to any agreement entered into under subsection 28(2);
(e) may consider such recommendations, suggestions and requests concerning human rights and freedoms as it receives from any source and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any such recommendation, suggestion or request;
(f) shall carry out or cause to be carried out such studies concerning human rights and freedoms as may be referred to it by the Minister of Justice and include in a report referred to in section 61 a report setting out the results of each such study together with such recommendations in relation thereto as it considers appropriate;
(g) may review any regulations, rules, orders, by-laws and other instruments made pursuant to an Act of Parliament and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any provision thereof that in its opinion is inconsistent with the principle described in section 2; and
(h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1.
(2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline.
Marginal note:Guideline binding
(3) A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline.
(4) Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette.
- R.S., 1985, c. H-6, s. 27
- 1998, c. 9, s. 20
Marginal note:Assignment of duties
28 (1) On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Employment and Social Development such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the federal public administration as are specified in the order.
(2) Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified.
- R.S., 1985, c. H-6, s. 28
- 1996, c. 11, s. 61
- 2003, c. 22, s. 224(E)
- 2005, c. 34, s. 79
- 2013, c. 40, s. 237
- Date modified: