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Human Rights Code

Copyright© King's Printer, Licence

Victoria, British Columbia, Canada Disclaimer

This Act is current to July 23, 2024

See the Tables of Legislative Changes for this Act's legislative history, includ ing any changes not in
force.

HUMAN RIGHTS CODE

[RSBC 1996] CHAPTER 210

Contents
1 Definitions
2 Discrimination and intent
3 Purposes
4 Code prevails
5-6 Repealed
7 Discriminatory publication
8 Discrimination in accommodation, service and facility
9 Discrimination in purchase of property
1O Discrimination in tenancy premises
11 Discrimination in employment advertisements
12 Discrimination in wages
13 Discrimination in employment
14 Discrimination by unions and associations
15-20 Repealed
21 Complaints
22 Time limit for filing a complaint
22.1 Commissioner and other intervenors
23-24 Repealed
25 Deferral of a complaint
26 Repealed
27 Dismissal of a complaint
27.1 Assignment of complaints
27.2 Evidence
27.3 Powers to make rules and orders respecting practice and procedure
27.4 Repealed
27.5 Dismissal for failure to pursue complaint
27.6 Assisting parties to settle
28-29 Repealed
30 Enforcement of settlement agreements
31 Human Rights Tribunal
31.1 Repealed
32 Application of Administrative Tribunals Act to tribunal

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33 Staff ofthe tribunal

34 Repealed
34.1 Repealed
35-36 Repealed
37 Remedies
38 Modification of orders
38.1 Repealed
39 Enfarcement of remedies
39.1 Annual report
40 Disclosure
41 Exemptions
42 Special programs
43 Protection
44 Style of cause far proceedings
45 Technical defects
46 Delegation of powers
47 Time limits
47.01 Human Rights Commissioner
47.02 Resignation, suspension or removal of commissioner
47.03 Acting commissioner
47.04 Salary, expenses and benefits of commissioner
47.05 Oath of commissioner
47.06 Staff of commissioner
47.07 Delegation by commissioner
47.08 Advisory council
47.09 Restrictions on disclosure by commissioner and staff
47.1 O Non-compellability of commissioner and staff
47.11 Personal liability protection of commissioner and staff
47.12 Powers of commissioner
47.13 Provision of tribunal records to commissioner
47.14 Referrals
47.15 Commissioner's inquiry
47.16 Commissioner's arder powers far inquiries
47.17 Expenses reimbursement
47.18 Cabinet infarmation protected
47.19 Enfarcement of commissioner's orders
47.20 Commissioner's inquiry reports
47.21 Protection
47.22 Offences
47.23 Annual report of commissioner
47.24 Special reports of commissioner
48 Offence Act
49 Power to make regulations
50 Repealed
50.1 Review of sections 47.01 to 47.24

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Definitions
1 In this Code:

"age" means an age of 19 years or more;

"cha ir" mea ns the member designated under section 31 as the cha ir of the tribunal;

"collective agreement" mea ns a collective agreement as defined in the Labour

Relations Code;

"commissioner" means the Human Rights Commissioner appointed under section

47.01;

"complainant" means a person or group of persons that files a complaint under

section 21;

"complaint" mea ns a complaint filed under section 21;

"discrimination" includes the conduct described in sections 7, 8 (1) (a), (9) (a) and (b),
1O(1) (a), 11, 13 (1) (a) and (2), 14 (a) and (b), 43 and 47.21;

"employers' organization" mea ns an organization of employers formed for

purposes that include the regulation of relations between employers and
employees;

"employment" includes the relationship of master and servant, master and

apprentice and principal and agent, if a substantial part of the agent's services
relate to the affairs of one principal, and "employ" has a corresponding
meaning;

"employment agency" includes a person who undertakes, with or without

compensation, to procure employees for employers orto 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" means the commissioner entitled, or other person allowed, under

section 22.1 to intervene in a complaint;

"member" mea ns a person appointed under section 31 as a member of the tribunal;

"occupational association" mea ns an organization, other than a trade union or

employers' organization, in which membership is a prerequisite to carrying on a
trade, occupation or profession;

"panel" means a panel designated under section 27.1 (1) (b);

"party", with respect to a complaint, means the complainant and the person against
whom the complaint is made and any person that the tribunal adds as a party;

"person" includes an employer, an employment agency, an employers' organization,

an occupational association anda trade union;
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"trade union" means an organization of employees formed for purposes that include
the regulation of relations between employees and employers;

"tribunal" mea ns the British Columbia Human Rights Tribunal continued under
section 31.

Discrimination and intent

2 Discrimination in contravention of this Code does not require an intention to
contravene this Code.

Purposes
3 The purposes of this Code are as follows:
(a) to foster a society in British Columbia in which there are no
impediments to full and free participation in the economic, social,
political and cultural life of British Columbia;
(b) to promote a climate of understanding and mutual respect where all
are equal in dignity and rights;
(c) to prevent discrimination prohibited by this Code;
(d) to identify and eliminate persistent patterns of inequality associated
with discrimination prohibited by this Code;
(e) to provide a mea ns of redress for those persons who are discriminated
against contrary to this Code.
(f) and (g) [Repealed 2002-62-2.]

Code prevails
4 If there is a conflict between this Code and any other enactment, this Code prevails.

Repealed
5-6 [Repealed 2018-48-3.]

Discriminatory publication
7 (1) A person must not publish, issue or display, or cause to be published, issued or
displayed, any statement, publication, notice, sign, symbol, emblem or other
representation that
(a) indicates discrimination oran intention to discriminate against a
person ora group or class of persons, or
(b) is likely to expose a person ora group or class of persons to hatred or
contempt
beca use of the Indigenous identity, race, colour, ancestry, place of origin,
religion, marital status, family status, physical or mental disability, sex, sexual
orientation, gender identity or expression, or age of that person or that group or
class of persons.
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(2) Subsection (1) does not apply to a private communication, a communication

intended to be private ora communication related toan activity otherwise
permitted by this Code.

Discrimination in accommodation, service and facility

8 (1) A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or

facility customarily available to the public, or
(b) discriminate against a person or class of persons regarding any
accommodation, service or facility customarily available to the public

beca use of the Indigenous identity, race, colour, ancestry, place of origin,
religion, marital status, family status, physical or mental disability, sex, sexual
orientation, gender identity or expression, or age of that person or class of
persons.

(2) A person does not contravene this section by discriminating

(a) on the basis of sex, if the discrimination relates to the maintenance of

public decency orto the determination of premiums or benefits under
contracts of life or health insurance, or
(b) on the basis of physical or mental disability or age, if the discrimination
relates to the determination of premiums or benefits under contracts
of life or health insurance.

Discrimination in purchase of property

9 A person must not

(a) deny to a person or class of persons the opportunity to purchase a

commercial unit or dwelling unit that is in any way represented as
being available for sale,
(b) deny to a person or class of persons the opportunity to acquire land or
an interest in land, or
(c) discriminate against a person or class of persons regarding a term or
condition of the purchase or other acquisition of a commercial unit,
dwelling unit, land or interest in land
beca use of the Indigenous identity, race, colour, ancestry, place of origin, religion,
marital status, physical or mental disability, sex, sexual orientation, or gender
identity or expression of that person or class of persons.

Discrimination in tenancy premises

1 O (1) A person must not
(a) deny to a person or class of persons the right to occupy, as a tenant,
space that is represented as being available for occupancy by a tenant,
or
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(b) discriminate against a person or class of persons regarding a term or

condition of the tenancy of the space,

beca use of the Indigenous identity, race, colour, ancestry, place of origin,
religion, marital status, family status, physical or mental disability, sex, sexual
orientation, gender identity or expression, age or lawful source of income of
that person or class of persons, or of any other person or class of persons.
(2) Subsection (1) does not apply in the following circumstances:
(a) if the space is to be occupied by another person who is to share, with
the person making the representation, the use of any sleeping,
bathroom or cooking facilities in the space;
(b) as it relates to family status or age,
(i) if the space is a rental unit in residential premises in which every
rental unit is reserved for rental to a person who has reached 55
years of age orto 2 or more persons, at least one of whom has
reached 55 years of age, or
(ii) a rental unit in a prescribed class of residential premises;
(c) as it relates to physical or mental disability, if
(i) the space is a rental unit in residential premises,
(ii) the rental unit and the residential premises of which the rental
unit forms part,
(A) are designed to accommodate persons with disabilities,
and
(B) conform to the prescribed standards, and
(iii) the rental unit is offered for rent exclusively to a person with a
disability orto 2 or more persons, at least one of whom has a
physical or mental disability.

Discrimination in employment advertisements

11 A person must not publish or cause to be published an advertisement in connection
with employment or prospective employment that expresses a limitation,
specification or preference as to Indigenous identity, race, colour, ancestry, place of
origin, political belief, religion, marital status, family status, physical or mental
disability, sex, sexual orientation, gender identity or expression, or age unless the
limitation, specification or preference is based on a bona fide occupational
requirement.

Discrimination in wages
12 (1) An employer must not discriminate between employees by employing an
employee of one sex for work ata 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 or
substantially similar work.

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(2) For the purposes of subsection (1 ), the concept of ski 11, effort and responsibility
must, subject to factors in respect of pay rates such as seniority systems, merit
systems and systems that measure earnings by quantity or quality of
production, be used to determine what is similar or substantially similar work.

(3) A difference in the rate of pay between employees of different sexes based on a
factor other than sex does not constitute a failure to comply with this section if
the factor on which the difference is based would reasonably justify the
difference.

(4) An employer must not reduce the rate of pay of an employee in order to comply
with this section.

(5) If 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 is entitled, together with the costs, but
(a) the action must be commenced no later than 12 months from the
termination of the employee's services, and
(b) the action applies only to wages of an employee during the 12 month
period immediately befo re the earlier of the date of the employee's
termination or the commencement of the action.

Discrimination in employment
13 (1) A person must not
(a) refuse to employ or refuse to continue to employ a person, or
(b) discriminate against a person regarding employment or any term or
condition of employment

beca use of the Indigenous identity, race, colour, ancestry, place of origin,
political belief, religion, marital status, family status, physical or mental
disability, sex, sexual orientation, gender identity or expression, or age of that
person or because that person has been convicted of a criminal or summary
conviction offence that is unrelated to the employment orto the intended
employment of that person.

(2) An employment agency must not refuse to refer a person for employment for
any reason mentioned in subsection (1 ).

(3) Subsection (1) does not apply

(a) as it relates to age, to a bona fide scheme based on seniority, or
(b) as it relates to marital status, physical or mental disability, sex or age,
to the operation of a bona fide retirement, superannuation or pension
plan orto a bona fide group or employee insurance plan, whether or
not the plan is the subject of a contract of insurance between an
insurer and an employer.

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(4) Subsections (1) and (2) do not apply with respect to a refusal, limitation,
specification or preference based on a bona fide occupational requirement.

Discrimination by unions and associations

14 A trade union, employers' organization or occupational association must not

(a) exclude any person from membership,

(b) expel or suspend any member, or
(c) discriminate against any person or member

beca use of the Indigenous identity, race, colour, ancestry, place of origin, political
belief, religion, marital status, family status, physical or mental disability, sex, sexual
orientation, gender identity or expression, or age of that person or member, or
because that person or member has been convicted of a criminal or summary
conviction offence that is unrelated to the membership or intended membership.

Repealed
15-20 [Repealed 2002-62-5.]

Complaints
21 (1) Any person or group of persons that alleges that a person has contravened this
Code may file a complaint with the tribunal in a form satisfactory to the tribunal.
(2) and (3) [Repealed 2002-62-7.]

(4) Subject to subsection (5), a complaint under subsection (1) may be filed on
behalf of
(a) another person, or
(b) a group or class of persons whether or not the person filing the
complaint is a member of that group or class.
(5) A member or panel may refuse to accept, for filing under subsection (1 ), a
complaint made on behalf of another person ora group or class of persons if
that member or panel is satisfied that
(a) the person alleged to have been discriminated against does not wish
to proceed with the complaint, or
(b) proceeding with the complaint is not in the interest of the group or
class on behalf of which the complaint is made.

(6) A member or panel may proceed with 2 or more complaints together if a

member or panel is satisfied that it is fair and reasonable in the circumstances to
do so.

Time limit for filing a complaint

22 (1) A complaint must be filed within one year of the alleged contravention.

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(2) If a continuing contravention is alleged in a complaint, the complaint must be

filed within one year of the last alleged instance of the contravention.

(3) If a complaint is filed after the expiration of the time limit referred to in
subsection (1) or (2), a member or panel may accept all or part of the complaint if
the member or panel determines that
(a) it is in the public interest to accept the complaint, and
(b) no substantial prejudice will result to any person beca use of the delay.

Commissioner and other intervenors

22.1 (1) The commissioner may, at any time after a complaint is filed, intervene in the
complaint on terms a member or panel may determine having regard to the role
and mandate of the commissioner under this Code.

(2) A member or panel may, at any time after a complaint is filed and on the terms
specified by the member or panel, allow any other person or group of persons to
intervene in the complaint, whether or not that person or group of persons
would be affected by an order made by the member or panel under section 37.

Repealed
23-24 [Re pea led 2002-62-1 O.]

Deferral of a complaint
25 (1) In this section and in section 27, "proceeding" includes a proceeding authorized
by another Act and a grievance under a collective agreement.

(2) If at any time after a complaint is filed a member or panel determines that
another proceeding is capable of appropriately dealing with the substance of a
complaint, the member or panel may defer further consideration of the
complaint until the outcome of the other proceeding.
(3) [Repealed 2002-62-11.]

Repealed
26 [Re pea led 2002-62-12.]

Dismissal of a complaint
27 (1) A member or panel may, at any time after a complaint is filed and with or
without a hearing, dismiss all or part of the complaint if that member or panel
determines that any of the following apply:
(a) the complaint or that part of the complaint is not within the jurisdiction
of the tribunal;
(b) the acts or omissions alleged in the complaint or that part of the
complaint do not contravene this Code;
(e) there is no reasonable prospect that the complaint will succeed;

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(d) proceeding with the complaint or that part of the complaint would not
(i) benefit the person, group or class alleged to have been
discriminated against, or
(ii) further the purposes of this Code;
(e) the complaint or that part of the complaint was filed far improper
motives or made in bad faith;
(f) the substance of the complaint or that part of the complaint has been
appropriately dealt with in another proceeding;
(g) the contravention alleged in the complaint or that part of the
complaint occurred more than one year befare the complaint was filed
unless the complaint or that part of the complaint was accepted under
section 22 (3).

(2) If a member or panel dismisses a complaint or part of a complaint under

subsection (1 ), that member or panel must infarm the fallowing persons of the
decision in writing and give reasons far the decision:
(a) the complainant;
(b) the person against whom the complaint was made, if that person had
been given notice of the complaint;
(e) any other party;
(d) an intervenor.

Assignment of complaints
27.1 (1) For the purposes of making a decision or order in respect of a complaint, the
chair may assign the complaint to
(a) a single member designated by the chair, or
(b) a panel of 3 members designated by the cha ir.
(2) If a panel is designated under subsection (1) (b), the cha ir must designate one of
the members of the panel to preside.

(3) [Repealed 2004-45-104.]

Evidence
27.2 (1) A member or panel may receive and accept on oath, by affidavit or otherwise,
evidence and infarmation that the member or panel considers necessary and
appropriate, whether or not the evidence or infarmation would be admissible in
a court of law.

(2) Nothing is admissible in evidence befare a member or panel that is inadmissible

in a court because of a privilege under the law of evidence.

(3) Despite section 4, subsection (1) of this section does not override an Act
expressly limiting the extent to which or purposes far which evidence may be

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admitted or used in any proceeding.

(4) A member or panel may direct that all or part of the evidence of a witness be
heard in private.

Powers to make rules and orders respecting practice and procedure

27.3 (1) The tribunal may make rules respecting practice and procedure to facilitate just
and timely resolution of complaints.
(2) Without limiting subsection (1 ), the tribunal may make rules as follows:
(a) respecting the holding of prehearing conferences and requiring the
parties to attend a prehearing conference in order to discuss issues
relating to a complaint and the possibility of simplifying or disposing of
issues;
(b) respecting disclosure of evidence, including but not limited to
prehearing disclosure and prehearing examination of a party on oath
or solemn affirmation or by affidavit;
(e) specifying the form of notice to be given to a party by another party or
by the tribunal requiring a party to diligently pursue a complaint and
specifying the time within which and the manner in which the party
must respond to the notice;
(d) respecting service of notices and orders, including substituted service;
(e) requiring a party oran intervenor to provide an address for service or
delivery of notices and orders;
(f) providing that a party's oran intervenor's address of record is to be
treated as an address for service;
(g) respecting procedures for matters under sections 22, 25 and 27;
(h) respecting mediation and other dispute resolution processes,
including, without limitation, rules that would permit or require
mediation of a complaint, whether the mediation is provided by a
member or by a person appointed, engaged or retained under
section 33;
(i) respecting procedures for formal offers to settle a complaint;
U) respecting the amendment of a complaint ora response to a
complaint;
(k) respecting the addition of parties to a complaint;
(1) [Repealed 2018-48-7.]

(m) requiring or allowing that a process be conducted electronically, with

or without conditions.

(3) In order to facilitate the just and timely resolution of a complaint, a member or
panel, on their own initiative or on application of a party oran intervenor, may

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make any order for which a rule could be made under subsection (1) or (2).

Repealed
27.4 [Re pea led 2004-45-104.]

Dismissal for failure to pursue complaint

27.5 If, under the rules, a party has been given notice requiring the party to diligently
pursue a complaint and the party fails to act on the notice within the time allowed,
then on the request of another party or on its own initiative, a member or panel may
dismiss the complaint.

Assisting parties to settle

27.6 A member ora person appointed, engaged or retained under section 33 may assist
the parties to a complaint, through mediation or any other dispute resolution
process, to achieve a settlement.

Repealed
28-29 [Repealed 2002-62-12.]

Enforcement of settlement agreements

30 (1) If there has been a breach of the terms of a settlement agreement, a party to
the settlement agreement may apply to the Supreme Court to enforce the
settlement agreement to the extent that the terms of the settlement agreement
could have been ordered by the tribunal.
(2) The right to enforce a settlement agreement under subsection (1) cannot be
waived.
(3) A provision of a settlement agreement that purports to waive the right to
enforce the agreement under subsection (1) is void.

Human Rights Tribunal

31 The British Columbia Human Rights Tribunal is continued consisting of the following
individuals appointed by the Lieutenant Governor in Council after a merit-based
process:
(a) a member designated as the chair;
(b) other members appointed after consultation with the chair.

Repealed
31.1 [Repealed 2003-47-35.]

Application of Administrative Tribunals Act to tribunal

32 The following provisions of the Administrative Tribuna/s Act apply to the tribunal:
(a) Part 1 [lnterpretation and Application];

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(b) Part 2 [Appointments];

(c) Part 3 [Clustering];
(d) section 17 [withdrawal or settlement of application];
(e) section 28 [facilitated settlement];
(f) section 29 [disclosure protection];
(g) section 30 [tribunal duties];
(h) section 34 (3) and (4) [tribunal power to compel witnesses and order
disclosure];

(i) section 45 [tribunal without jurisdiction over Canadian Charter of Rights

and Freedoms issues];

U) section 46 [notice to Attorney General if constitutional question raised in

application];

(k) section 46.1 (3) to (9) [notice to Attorney General regarding issue under
Human Rights Code];

(1) section 48 [maintenance of order at hearings];

(m) section 49 [contempt proceeding for uncooperative witness or other
person];

(n) section 50 [decisions];

(o) Part 8 [lmmunities];
(p) section 57 [time limitfor judicial review];
(q) section 59 [standard of review without privative clause];
(r) section 59.1 [surveys];
(s) section 59.2 [reporting];
(t) section 60 (1) (g) to (i) and (2) [power to make regulations];
(u) section 61 [application of Freedom of Information and Protection of
Privacy Act].

Staff of the tribunal

33 (1) Employees necessary to carry out the powers and duties of the tribunal may be
appointed under the Public Service Act.

(2) The tribunal may engage or reta in consultants or specialists that the tribunal
considers necessary to carry out the powers and duties of the tribunal and may
determine their remuneration.

(3) The Public Service Act does not apply to the retention, remuneration or
engagement of consultants or specialists under subsection (2).

Repealed
34 [Repealed 2002-62-17.]
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Repealed
34.1 [Re pea led 2004-45-106.]

Repealed
35-36 [Repealed 2002-62-17.]

Remedies
37 (1) If the member or panel designated to hear a complaint determines that the
complaint is notjustified, the member or panel must dismiss the complaint.

(2) If the member or panel determines that the complaint is justified, the member
or panel
(a) must arder the person that contravened this Code to cease the
contravention and to refrain from committing the same ora similar
contravention,
(b) may make a declaratory arder that the conduct complained of, or
similar conduct, is discrimination contrary to this Code,
(e) may arder the person that contravened this Code to do one or both of
the fallowing:
(i) take steps, specified in the arder, to ameliorate the effects of the
discriminatory practice;
(ii) adopt and implementan employment equity program or other
special program to ameliorate the conditions of disadvantaged
individua Is or groups if the evidence at the hearing indicates the
person has engaged in a pattern or practice that contravenes
this Code, and
(d) if the person discriminated against is a party to the complaint, or is an
identifiable member of a group or class on behalf of which a complaint
is filed, may arder the person that contravened this Code to do one or
more of the fallowing:
(i) make available to the person discriminated against the right,
opportunity or privilege that, in the opinion of the member or
panel, the person was denied contrary to this Code;
(ii) compensate the person discriminated against far all, ora part
the member or panel determines, of any wages or salary lost, or
expenses incurred, by the contravention;
(iii) pay to the person discriminated against an amount that the
member or panel considers appropriate to compensate that
person far injury to dignity, feelings and self respect orto any of
them.
(3) An arder made under subsection (2) may require the person against whom the
arder is made to provide any person designated in the arder with infarmation

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respecting the implementation of the arder.

(4) The member or panel may award costs
(a) against a party to a complaint who has engaged in improper conduct
during the course of the complaint, and
(b) without limiting paragraph (a), against a party who contravenes a rule
under section 27.3 (2) oran arder under section 27.3 (3).

(5) A decision or arder of a member or panel is a decision or arder of the tribunal

far the purposes of this Code.

(6) The member or panel must inform the parties and any intervenor in writing of
the decision made under this section and give reasons far the decision.

Modification of orders
38 (1) Until an arder made under section 37 (2) (c) or (d) (i) has been fully implemented,
any party ora person designated in the arder may apply to the member or
panel that made the arder, orto a member or panel designated by the cha ir, far
a modification of that arder on the grounds that the arder is no longer
appropriate beca use of unforeseen circumstances.
(2) The member or panel may vary or rescind the arder after determining that the
arder
(a) has not been fully implemented, and
(b) is no longer appropriate beca use of unforeseen circumstances.
(3) In varying an arder under subsection (2), the member or panel may exercise any
of the powers under section 37 (2) (a), (c) or (d).

Repealed
38.1 [Repealed 2002-62-20.]

Enforcement of remedies
39 (1) If an arder is made under section 37 (2) (a), (c) or (d) or (4) or 38 (2), the party in
whose favour the arder is made ora person designated in the arder may file a
certified copy of the arder with the Supreme Court.
(2) An arder filed under subsection (1) has the same force and effect, and all
proceedings may be taken on it, as if it were a judgment of the Supreme Court.

Annual report
39.1 (1) As soon as practicable after the end of the fiscal year of the government, the
tribunal must submit to the minister an annual report on the activities of the
tribunal.

(2) The minister must,

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(a) if the Legislative Assembly is in session, promptly lay the annual report
under subsection (1) before the Legislative Assembly, or
{b) if the Legislative Assembly is not in session when the annual report is
submitted, file the report with the Clerk of the Legislative Assembly.

Disclosure
40 (1) [Repealed 2004-45-106.]

(2) Any information received by any person in the course of attempting to reach a
settlement of a complaint is confidential and may not be disclosed or admitted
in evidence except with the consent of the person who gave the information.
(3) and (4) [Repealed 2004-45-106.]

Exemptions
41 (1) If a cha rita ble, philanthropic, educational, fraternal, religious or social
organization or corporation that is not operated for profit has as a primary
purpose the promotion of the interests and welfare of an identifiable group or
class of persons characterized by a physical or mental disability or by a common
Indigenous identity, race, religion, age, sex, sexual orientation, gender identity
or expression, marital status, political belief, colour, ancestry or place of origin,
that organization or corporation must not be considered to be contravening this
Code beca use it is granting a preference to members of the identifiable group or
class of persons.
(2) Nothing in this Code prohibits a distinction on the basis of age if that distinction
is permitted or required by any Act or regulation.

Special programs
42 (1) It is not discrimination ora contravention of this Code to plan, advertise, adopt
or implementan employment equity program that
(a) has as its objective the amelioration of conditions of disadvantaged
individuals or groups who are disadvantaged beca use of Indigenous
identity, race, colour, ancestry, place of origin, physical or mental
disability, sex, sexual orientation, or gender identity or expression, and
{b) achieves or is reasonably likely to achieve that objective.

(2) [Repealed 2002-62-23.]

(3) On application by any person, with or without notice to any other person, the
commissioner may approve any program or activity that has as its objective the
amelioration of conditions of disadvantaged individuals or groups.
(4) Any program or activity approved under subsection (3) is not in contravention of
this Code.

Protection

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43 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any
pecuniary or other penalty on, deny a right or benefit to or otherwise discriminate
against a person because that person complains or is named in a complaint, might
complain or be named in a complaint, gives evidence, might give evidence or
otherwise assists or might assist in a complaint or other proceeding under this
Code.

Style of cause for proceedings

44 (1) A proceeding under this Code in respect of a trade un ion, employers'
organization or occupational association may be taken in its name.

(2) An actor thing done or omitted by an employee, officer, director, official or

agent of any person within the scope of the person's authority is deemed to be
an actor thing done or omitted by that person.

Technical defects
45 A proceeding under this Code is not invalid beca use of any defect in form or any
technical irregularity.

Delegation of powers
46 (1) to (3) [Repealed 2002-62-24.]

(4) The cha ir may, in writing, delegate to one or more of the members any of the
chair's powers or duties under this Code, except the power to delegate under
this section.

(5) A delegation made under this section may be revoked, and does not prevent the
person who delegated the power from exercising that power.

(6) A delegation may be made subject to any terms the person delegating considers
appropriate.

(7) If the person who delegated the power ceases to hold office, the delegation
continues in effect so long as the delegate continues in office or until the
delegation is revoked by the person who succeeds the person who delegated
the power.

(8) A person purporting to exercise a power because of a delegation made under

this section must, when requested to do so, produce evidence of the person's
authority to exercise the power.

Time limits
47 Despite the fact that a period prescribed under section 49 (2) (b) has expired and the
period has not been extended in accordance with the regulations, this Code
continues to apply to the complaint to which the period relates, and
(a) all proceedings taken under this Code with respect to the complaint
may continue, and

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(b) all proceedings available under this Code with respect to the complaint
may be taken.

Human Rights Commissioner

47.01 (1) The Legislative Assembly may, by resolution, appoint as the Human Rights
Commissioner a person who has been unanimously recommended far the
appointment by a special committee of the Legislative Assembly.

(2) The commissioner is an officer of the Legislature.

(3) Subject to section 47.02, the commissioner holds office far a term of 5 years.

(4) The commissioner may be reappointed, in the manner referred to in subsection

(1) of this section, far one additional term of up to 5 years as specified in the
reappointment resolution.

Resignation, suspension or removal of commissioner

47.02 (1) In this section, "standing committee" mea ns the select standing committee of
the Legislative Assembly that has been designated far the purposes of
subsection (4).

(2) The commissioner may resign at any time by giving written notice to the Speaker
of the Legislative Assembly or, if there is no Speaker or the Speaker is absent
from British Columbia, to the Clerk of the Legislative Assembly.

(3) By a resolution passed by at least 2/3 of the members present, the Legislative
Assembly may, far cause or incapacity, suspend the commissioner, with or
without salary, or remove the commissioner from office.

(4) If the Legislative Assembly is not sitting and will not be sitting within 5 days, the
standing committee, by unanimous resolution, may, far cause or incapacity,
suspend the commissioner, with or without salary, far a period that must be set
by the standing committee to end not later than on the expiry of a further 20
sitting days of the Legislative Assembly.

Acting commissioner
47.03 (1) In this section, "standing committee" mea ns the select standing committee of
the Legislative Assembly that has been designated far the purposes of
subsections (2), (3) and (4).

(2) If the commissioner is suspended or temporarily absent beca use of illness or

another reason, or if the office of commissioner is vacant, the Legislative
Assembly, on the recommendation of the standing committee, may appoint an
acting commissioner to exercise the powers and perform the duties of the
commissioner until whichever of the fallowing is the case and occurs first:
(a) the suspension ends;
(b) the commissioner returns to office after the temporary absence;
(c) a person is appointed under section 47.01.
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(3) If the commissioner is suspended or temporarily absent beca use of illness or

another reason, or if the office of commissioner is vacant, and the Legislative
Assembly is not sitting and will not be sitting within 5 days, the standing
committee may appoint an acting commissioner to exercise the powers and
perform the duties of the commissioner until whichever of the following is the
case and occurs first:
(a) the suspension ends;
(b) the commissioner returns to office after the temporary absence;
(e) a person is appointed under section 47.01.

(4) If the commissioner is suspended or temporarily absent beca use of illness or

another reason, or if the office of commissioner is vacant, and the Legislative
Assembly is not sitting and will not be sitting within 5 days and the standing
committee has not been established, the Lieutenant Governor in Council may
make the appointment referred to in subsection (3) of this section.

Salary, expenses and benefits of commissioner

47.04 (1) A commissioner appointed under section 47.01 or 47.03 is entitled
(a) to be paid compensation as may be set by the Lieutenant Governor in
Council, and
(b) to be reimbursed for reasonable travel and out-of-pocket expenses
personally incurred in exercising the powers and performing the
duties of the office.

(2) The public service plan as defined in section 1 (1) of the Public Sector Pension
Plans Act applies to the commissioner.

Oath of commissioner
47.05 Before taking office, a commissioner appointed under section 47.01 or 47.03 must
make an oath or solemn affirmation before the Clerk of the Legislative Assembly to
faithfully and impartially exercise the powers and perform the duties of the office.

Staff of commissioner
47.06 (1) The commissioner may appoint, in accordance with the Public Service Act,
employees necessary to enable the commissioner to exercise the powers and
perform the duties of the office.

(2) The commissioner may engage or retain consultants or specialists the

commissioner considers necessary to exercise the powers and perform the
duties of the office and may determine their remuneration and other terms and
conditions of their engagement or retainers.

(3) The Public Service Act does not apply in respect of a person engaged or retained
under subsection (2) of this section.

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Delegation by commissioner
47.07 (1) The commissioner may, in writing, delegate to any person employed, engaged
or retained by the commissioner any power or duty of the commissioner under
this Code, except the power
(a) to delegate under this section, and
(b) to make an annual report under section 47.23.

(2) A delegation may be made subject to any terms the person delegating considers
appropriate.
(3) A delegation made under this section may be revoked, and does not prevent the
person who delegated the power or duty from exercising that power or
performing that duty.

(4) If the person who delegated the power or duty ceases to hold office, the
delegation continues in effect so long as the delegate continues in office or until
the delegation is revoked by the person who succeeds the person who
delegated the power or duty.

(5) A person purporting to exercise a power or perform a duty through a delegation

must, when requested to do so, produce evidence of the delegation.

Advisory council
47.08 (1) The human rights advisory council is established.

(2) On recommendation by the commissioner, the Lieutenant Governor in Council

may appoint members of the human rights advisory council and may set the
terms and conditions of office of the members appointed.

(3) The role of the human rights advisory council is to advise the commissioner on
issues respecting human rights and to perform any other function specified by
the commissioner.

Restrictions on disclosure by commissioner and staff

47.09 Except in the proper exercise of powers or performance of duties under this Code,
the commissioner, and anyone acting for or under the direction of the
commissioner, must not disclose any information received in the course of
exercising those powers or performing those duties.

Non-compellability of commissioner and staff

47.10 (1) Subject to subsection (2), the commissioner, and anyone acting for or under the
direction of the commissioner, must not be compelled to give evidence in court
or in any other proceedings respecting any information received in the course of
exercising powers or performing duties under this Code.

(2) The commissioner, and anyone acting for or under the direction of the
commissioner, may be compelled to give evidence in a prosecution of an offence
under this Code.
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Personal liability protection of commissioner and staff

47.11 (1) Subject to subsection (2), no legal proceeding for damages lies or may be
commenced or maintained against the commissioner, or against a person acting
for or under the direction of the commissioner, beca use of anything done or
omitted
(a) in the exercise or intended exercise of any power under this Code, or
(b) in the performance or intended performance of any duty under this
Code.

(2) Subsection (1) does not apply to a person referred to in that subsection in
relation to anything done or omitted by that person in bad faith.

Powers of commissioner
47.12 (1) The commissioner is responsible for promoting and protecting human rights,
including by doing any of the following:
(a) identifying, and promoting the elimination of, discriminatory practices,
policies and programs;
(b) developing resources, policies and guidelines to prevent and eliminate
discriminatory practices, policies and programs;
(c) publishing reports, making recommendations or using other means
the commissioner considers appropriate to prevent or eliminate
discriminatory practices, policies and programs;
(d) developing and delivering public information and education about
human rights;
(e) undertaking, directing and supporting research respecting human
rights;
(f) examining the human rights implications of any policy, program or
legislation, and making recommendations respecting any policy,
program or legislation that the commissioner considers may be
inconsistent with this Code;
(g) consulting and cooperating with individuals and organizations in arder
to promete and protect human rights;
(h) establishing working groups for special assignments respecting
human rights;
(i) promoting compliance with international human rights obligations;
U) intervening in complaints under section 22.1 and in any proceeding in
any court;
(k) approving a program or activity under section 42;
(1) initiating inquiries under sections 47.14 and 47.15.

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(2) The commissioner may not file a complaint with the tribunal under section 21
but may assist a person or group of persons with any aspect of a complaint.

Provision of tribunal records to commissioner

47.13 On request by the commissioner, the tribunal must provide to the commissioner
copies of complaints and responses filed with the tribunal and may provide to the
commissioner other records in its custody or control.

Referrals
47.14 (1) The Legislative Assembly or any of its committees may at any time refer a matter
to the commissioner for inquiry and report.
(2) If the commissioner accepts a referral, the commissioner must
(a) inquire into the matter referred, and
(b) make a written report to the Legislative Assembly.

(3) If the commissioner does not accept a referral, the commissioner must provide
written reasons to the Legislative Assembly for not accepting the referral.

Commissioner's inquiry
47.15 (1) If the commissioner is of the opinion that an inquiry into a matter would
promote or protect human rights, the commissioner may inquire into the
matter.
(2) An inquiry may be conducted in public.

Commissioner's order powers for inquiries

47.16 (1) For the purpose of conducting an inquiry, the commissioner may make an order,
in writing, requiring a person to do one or more of the following:
(a) attend, in person or by electronic mea ns, before the commissioner and
answer questions on oath or solemn affirmation or in any other
manner;
(b) produce to the commissioner a record or other thing in the person's
custody or control;
(c) record physical dimensions, or take photographs, video recordings or
audio recordings, of pre mises or vehicles, and produce the records,
photographs, video recordings and audio recordings to the
commissioner.

(2) An order under subsection (1 ), (3) or (6) must be served in accordance with the
reg u lations.
(3) The commissioner, on the commissioner's own initiative, may, by written order,
confirm, vary or rescind an order.

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(4) A person subject toan order under subsection (1 ), (3) or (6) may apply to the
commissioner to vary or rescind the arder.

(5) A request for variation or rescission must be made in the prescribed form and
manner.

(6) After considering a request for variation or rescission, the commissioner may
(a) reject the request, or
(b) by written arder, confirm, vary or rescind the arder.

(7) The commissioner must provide written reasons for an order under
subsection (3) or (6).

(8) An order under subsection (1 ), (3) or (6) is not suspended during the period of
the commissioner's consideration of a request under subsection (4) unless the
commissioner, in writing, suspends it.

(9) At the conclusion of an inquiry, the commissioner must return any record or
other thing produced in the inquiry to the person who produced it.

Expenses reimbursement
47.17 If a person incurs expenses in complying with an order of the commissioner under
section 47.16, the commissioner may reimburse the person for reasonable
expenses.

Cabinet information protected

47.18 (1) The commissioner must not require any information or answer to be given or
any record or other thing to be produced if the Attorney General certifies that
giving the information, answering the question or producing the record or other
thing might
(a) interfere with or impede the investigation or detection of an offence,
(b) result in or involve the disclosure of deliberations of the Executive
Council, or
(c) result in or involve the disclosure of proceedings of the Executive
Council ora committee of it, relating to matters of a secretor
confidential nature, and that the disclosure would be contrary or
prejudicial to the public interest.

(2) The commissioner must report each certificate of the Attorney General to the
Legislative Assembly not later than in the commissioner's next annual report.

Enforcement of commissioner's orders

47.19 (1) The commissioner may file a copy of an order made under section 47.16 (1 ), (3)
or (6) with the Supreme Court.

(2) An order filed under subsection (1) of this section has the same force and effect,
and all proceedings may be taken on it, as if it were a judgment of the Supreme

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Court.

Commissioner's inquiry reports

47.20 (1) At the conclusion of an inquiry under section 47.15, the commissioner may make
a written report containing any recommendations the commissioner considers
appropriate.

(2) The commissioner may publish a report referred to in subsection (1) and provide
the report to the Speaker of the Legislative Assembly.

(3) If a report referred to in subsection (1) of this section or section 47.14 contains a
recommendation made to a person, the commissioner may require the person
to notify the commissioner, within a specified period of time, of steps taken, or
intended to be taken, to address the recommendation.

(4) On request by a person who is subject to a notification requirement under

subsection (3), the commissioner may extend the period of time for the
notification, either before or after that period of time has expired.

(5) If the commissioner considers that a person has not, within the original or
extended period of time, adequately addressed a recommendation, the
commissioner may make a written report about the person's failure to
adequately address the recommendation.

(6) The commissioner may publish a report referred to in subsection (5) and provide
the report to the Speaker of the Legislative Assembly.

(7) If the commissioner provides a report to the Speaker under subsection (2) or (6),
the Speaker must lay the report before the Legislative Assembly as soon as
practicable.

Protection
47.21 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any
pecuniary or other penalty on, deny a right or benefit to or otherwise discriminate
against a person because that person participates in or might participate in an
inquiry under this Code.

Offences
47.22 (1) A person who wilfully does any of the following commits an offence:
(a) makes a false statement to, or misleads or attempts to mislead, the
commissioner in the exercise of powers or performance of duties
under this Code;
(b) obstructs the commissioner in the exercise of powers or performance
of duties under this Code.

(2) A person who commits an offence under this section is liable,

(a) for a first offence, to a fine of not more than $25 000, and

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(b) for a second or subsequent offence, to a fine of not more than

$100 000.

Annual report of commissioner

47.23 (1) The commissioner must submit to the Speaker of the Legislative Assembly an
annual report on the activities of the commissioner's office.

(2) The Speaker must lay the report befare the Legislative Assembly as soon as
practicable.

Special reports of commissioner

47.24 (1) The commissioner may, at any time, make a special report to the Speaker of the
Legislative Assembly respecting any of the following:
(a) the exercise of the commissioner's powers or performance of the
commissioner's duties;
(b) research that has been undertaken, directed or supported by the
commissioner;
(c) human rights in British Columbia.

(2) The Speaker must lay a report made under subsection (1) befare the Legislative
Assembly as soon as practicable.

OffenceAct
48 Section 5 of the Offence Act does not apply to this Code or the regulations.

Power to make regulations

49 (1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) Without limiting subsection (1 ), the Lieutenant Governor in Council may make
regulations as follows:
(a) prescribing the standards for the purposes of section 1O;
(b) prescribing a period
(i) to (iv) [Repealed 2002-62-25.]
(v) within which a hearing must be begun, and
(vi) within which a decision and reasons must be provided under
section 37 (6);
(c) authorizing a person to extend a period referred to in paragraph (b)
and prescribing the circumstances in which the period may be
extended;
(d) respecting the procedures to be followed befare a period prescribed
under paragraph (b) may be extended;

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(e) providing for the suspension of a period prescribed under paragraph

(b) where consideration of a complaint is deferred under section 25 (2);
(f) [Repealed 2002-62-25.]
(g) respecting the practice and procedure in hearings before the tribunal;
(g.1) respecting the service under section 47.16 of orders made under that
section;
(g.2) respecting applications under section 47.16 for variance or rescission
of orders made under that section.
(h) [Repealed 2002-62-25.]

(3) A regulation made under subsection (2) (c) may permita period to be extended
despite the fact that the period has already expired.

(4) Without limiting subsection (2) (g), a regulation made under that subsection may
include provisions respecting
(a) the disclosure and inspection of documents by parties to a complaint,
(b) the oral examination of parties and witnesses on oath or affirmation,
(c) the holding of prehearing conferences, and
(d) procedures for formal offers to settle a complaint.

Repealed
50 [Repealed 2002-62-26.]

Review of sections 47.01 to 47.24

50.1 (1) At least once every 5 years, a special committee of the Legislative Assembly
must begin a comprehensive review of sections 47.01 to 47.24 of this Code and
must submit a report respecting those sections to the Legislative Assembly
within one year after the date of the appointment of the special committee.

(2) A report submitted under subsection (1) ofthis section may include any
recommended amendments to sections 47.01 to 47.24.

(3) For the purposes of subsection (1 ), the first 5-year period begins on the date that
this section comes into force.

Copyright© King's Printer, Victoria, British Columbia, Canada

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