APPENDIX I – LEGISLATIVE PROVISIONS (CANADIAN)2017-03-03T18:35:38+00:00

Charter of Rights and Freedoms
 

15(2): Subsection [15(1)] does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

 

Ontario Human Rights Code
 

14(1). A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I.

 

2. A person may apply to the Commission for a designation of a program as a special program for the purposes of subsection (1).

 

3. Upon receipt of an application, the Commission may,

a. designate the program as a special program if, in its opinion, the program meets the requirements of subsection (1); or

b. designate the program as a special program on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1).

 

4. The Commission may, on its own initiative, inquire into one or more programs to determine whether the programs are special programs for the purposes of subsection (1).

 

5. At the conclusion of an inquiry under subsection (4), the Commission may designate as a special program any of the programs under inquiry if, in its opinion, the programs meet the requirements of subsection (1).

 

6. A designation under subsection (3) or (5) expires five years after the day it is issued or at such earlier time as may be specified by the Commission.

 

7. If an application for renewal of a designation of a program as a special program is made to the Commission before its expiry under subsection (6), the Commission may,

renew the designation if, in its opinion, the program continues to meet the requirements of subsection (1); or

renew the designation on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1).

 

8. In a proceeding,

 

a. evidence that a program has been designated as a special program under this section is proof, in the absence of evidence to the contrary, that the program is a special program for the purposes of subsection (1); and

 

b. evidence that the Commission has considered and refused to designate a program as a special program under this section is proof, in the absence of evidence to the contrary, that the program is not a special program for the purposes of subsection (1).

 

9. Subsections (2) to (8) do not apply to a program implemented by the Crown or an agency of the Crown.

 

10. For the purposes of a proceeding before the Tribunal, the Tribunal may make a finding that a program meets the requirements of a special program under subsection (1), even though the program has not been designated as a special program by the Commission under this section, subject to clause (8) (b).

 

Canadian Human Rights Act
 

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.

 

(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.

 

(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).

 

Charte des droits et libertés de la personne du Québéc:
 

86. The object of an affirmative action program is to remedy the situation of persons belonging to groups discriminated against in employment, or in the sector of education or of health services and other services generally available to the public.

 

An affirmative action program is deemed non-discriminatory if it is established in conformity with the Charter.

 

An equal access employment program is deemed not to discriminate on the basis of race, colour, gender or ethnic origin if it is established in accordance with the Act respecting equal access to employment in public bodies.

 

An equal access to employment program established for a handicapped person within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1) is deemed to be non-discriminatory if it is established in conformity with the Act respecting equal access to employment in public bodies (chapter A-2.01).

 

87. Every affirmative action program must be approved by the Commission, unless it is imposed by order of a tribunal. <<NOTE THAT THIS SECTION IS NOT IN FORCE>>

 

The Commission shall, on request, lend assistance for the devising of an affirmative action program.

 

88. If, after investigation, the Commission confirms the existence of a situation involving discrimination referred to in section 86, it may propose the implementation of an affirmative action program within such time as it may fix.

 

Where its proposal has not been followed, the Commission may apply to a tribunal and, on proof of the existence of a situation contemplated in section 86, obtain, within the time fixed by the tribunal, an order to devise and implement a program. The program thus devised is filed with the tribunal which may, in accordance with the Charter, make the modifications it considers appropriate.

 

89. The Commission shall supervise the administration of the affirmative action programs. It may make investigations and require reports.

 

90. Where the Commission becomes aware that an affirmative action program has not been implemented within the allotted time or is not being complied with, it may, in the case of a program it has approved, withdraw its approval or, if it proposed implementation of the program, it may apply to a tribunal in accordance with the second paragraph of section 88.

 

91. A program contemplated in section 88 may be modified, postponed or cancelled if new facts warrant it.

 

If the Commission and the person required or having consented to implement the affirmative action program agree on its modification, postponement or cancellation, the agreement shall be evidenced in writing.

 

Failing agreement, either party may request the tribunal to which the commission has applied pursuant to the second paragraph of section 88 to decide whether the new facts warrant the modification,

 

All modifications must conform to the Charter.

 

92. The Government must require its departments and agencies whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1) to implement affirmative action programs within such time as it may fix.

Sections 87 to 91 do not apply to the programs contemplated in this section. The programs must, however, be the object of a consultation with the Commission before being implemented.

 

British Columbia Human Rights Code
 

42 (1) It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an employment equity program that

(a) has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, or sex, and

(b) achieves or is reasonably likely to achieve that objective.

(2) [repealed]

(3) On application by any person, with or without notice to any other person, the chair, or a member or panel designated by the chair, 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 deemed not to be in contravention of this Code.

 

Alberta Human Rights Act
 

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.

 

Saskatchewan Human Rights Code
 

16 (10) This section does not prohibit an exclusively non-profit charitable, philanthropic, fraternal, religious, racial or social organization or corporation that is primarily engaged in serving the interests of persons identified by their race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry, place of origin or receipt of public assistance from employing only or giving preference in employment to persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment.

 

47(1) On the application of any person or on its own initiative, the commission may approve or order any program to be undertaken by any person if the program is 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 or are based on or related to the race, creed, religion, colour, sex, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of members of that group, or the receipt of public assistance by members of that group by improving opportunities respecting services, facilities, accommodation, employment or education in relation to that group or the receipt of public assistance by members of that group.

(2) At any time before or after approval to a program is given by the commission, or a program is ordered by the commission or a human rights tribunal, the commission may:

(a) make inquiries concerning the program;

(b) vary the program;

(c) impose conditions on the program; or

(d) withdraw approval of the program as the commission thinks fit.

(3) Nothing done in accordance with a program approved pursuant to this section is a violation of the provisions of this Act.

 

Manitoba Human Rights Code, C.C.S.M. c. H175
 

11 Notwithstanding any other provision of this Code, it is not discrimination, a contravention of this Code, or an offence under this Code

 

(b)to plan, advertise, adopt or implement an affirmative action program or other special program that

(i)has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 9(2), and

 

(ii)achieves or is reasonably likely to achieve that object.

 

New Brunswick Human Rights Act/ Loi Sur Les Droits de las Personne de Nouveau-Brunswick
 

13(1) On the application of any person, or on its own initiative, the Commission may approve a programme to be undertaken by any person designed to promote the welfare of any class of persons.

13(2)At any time before or after approving a programme, the Commission may

(a)make inquiries concerning the programme,

(b)vary the programme,

(c)impose conditions on the programme, or

(d)withdraw approval of the programme,

 

as the Commission thinks fit.

13(3)Anything done in accordance with a programme approved pursuant to this section is not a violation of the provisions of this Act.

 

 

Nova Scotia Human Rights Act
 

6 Subsection (1) of Section 5 does not apply….

 

(i) to preclude a law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or classes of individuals including those who are disadvantaged because of a characteristic referred to in clauses (h) to (v) of subsection (1) of Section 5.

 

Prince Edward Island Human Rights Act
 

14. (1) Sections 2 to 13 do not apply

(c) to philanthropic, fraternal or service groups, associations or organizations, to the extent that they discriminate on the basis of sex in their qualifications for membership.

 

20. The Commission may approve programs of government, private organizations or persons designed to promote the welfare of any class of individuals, and any approved program shall be deemed not to be a violation of the prohibitions of this Act.

 

Newfoundland Human Rights Code
 

19 (1) On the application of a person the Commission may approve programs designed to prevent, reduce or eliminate disadvantages respecting services, facilities,  accommodation or employment that may be or are suffered by a group of individuals where those disadvantages would be, or are based on or related to the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, physical disability or mental disability of members of that group or the age of that group.

 

 (2) Before or after the Commission approves a program, the Commission may

(a) make inquiries concerning the program;

(b) vary the program;

(c) impose conditions on the program; or

(d) withdraw approval of the program as it thinks appropriate.

 (3) Nothing done in accordance with a program approved under this section is a violation of this Act.

 

 

Yukon Human Rights Act
 

13(1) Special programs and affirmative action programs are not discrimination.

(2) Special programs are programs designed to prevent disadvantages that are likely to be suffered by any group identified by reference to a prohibited ground of discrimination.

(3) Affirmative action programs are programs designed to reduce disadvantages resulting from discrimination suffered by a group identified by reference to a prohibited ground of discrimination.

 

Northwest Territories Human Rights Act
 

7(5) It is not a contravention of subsection (1) for an organization, society or corporation to give preference in employment to an individual or class of individuals if the preference is solely related to the special objects in respect of which the organization, society or corporation was established and the organization, society or corporation

(a) is not operated for private profit; and

(b) is

(i) a charitable, educational, fraternal, religious, social or cultural organization, society or corporation, or

(ii) an organization, society or corporation operated primarily to foster the welfare of a religious or racial group.

 

67. (1)   Nothing in this Act precludes any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 5(1).

67 (2) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its object the amelioration of conditions of disadvantaged individuals or groups.