Acts and Regulations

H-11 - Human Rights Act

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Repealed on 1 September 2011
CHAPTER H-11
Human Rights Act
1985, c.30, s.1
WHEREAS recognition of the fundamental principle that all persons are equal in dignity and human rights without regard to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity, is a governing principle sanctioned by the laws of New Brunswick; and
WHEREAS ignorance, forgetfulness, or contempt of the rights of others are often the causes of public miseries and social disadvantage; and
WHEREAS people and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; and
WHEREAS it is recognized that human rights must be guaranteed by the rule of law, and that these principles have been confirmed in New Brunswick by a number of enactments of this Legislature; and
WHEREAS it is desirable to enact a measure to codify and extend such enactments and to simplify their administration;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Citation of Act
1This Act may be cited as the Human Rights Code.
1971, c.8, s.1; 1985, c.30, s.3
Definitions
2In this Act
“age” Repealed: 1992, c.30, s.2
“Board” means Board of Inquiry;(commission)
“business or trade association” means an organization of persons that by an enactment, agreement or custom has power to admit, suspend, expel or direct persons in relation to any business or trade;(association d’affaires ou de métiers)
“commercial unit” means any building or other structure or part thereof 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 any 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 any building or other structure or in a part thereof;(établissement commercial)
“Commission” means the New Brunswick Human Rights Commission;(Commission)
“employer” includes every person, firm, corporation, agent, manager, representative, contractor, or sub-contractor having control or direction of, or being responsible, directly or indirectly, for the employment of any person;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees;(organisation patronale)
“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;(agence de placement)
“mental disability” means(incapacité mentale)
(a) any condition of mental retardation or impairment,
(b) any learning disability, or dysfunction in one or more of the mental processes involved in the comprehension or use of symbols or spoken language, or
(c) any mental disorder;
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“person” , in addition to the extended meaning given by the Interpretation Act, includes an employment agency, an employers’ organization and a trade union;(personne)
“physical disability” means any degree of disability, infirmity, malformation or disfigurement of a physical nature caused by bodily injury, illness or birth defect and, without limiting the generality of the foregoing, includes any disability resulting from any degree of paralysis or from diabetes mellitus, epilepsy, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or on a wheelchair, cane, crutch or other remedial device or appliance;(incapacité physique)
“professional association” means an organization of persons that by an enactment, agreement or custom has power to admit, suspend, expel, or direct persons in the practice of any occupation or calling;(association professionnelle)
“sex” includes pregnancy, the possibility of pregnancy or circumstances related to pregnancy;(sexe)
“social condition” , in respect of an individual, means the condition of inclusion of the individual in a socially identifiable group that suffers from social or economic disadvantage on the basis of his or her source of income, occupation or level of education;(condition sociale)
“trade union” means an organization of employees formed for purposes that include the regulation of relations between employees and employers.(syndicat ouvrier)
1971, c.8, s.2; 1973, c.45, s.2; 1976, c.31, s.1; 1983, c.30, s.14; 1985, c.30, s.4, 16; 1986, c.8, s.57; 1992, c.2, s.27; 1992, c.30, s.2; 1998, c.41, s.64; 2000, c.26, s.161; 2004, c.21, s.1.1; 2005, c.3, s.1; 2006, c.16, s.87; 2007, c.10, s.49
Discrimination in employment
3(1)No employer, employers’ organization or other person acting on behalf of an employer shall
(a) refuse to employ or continue to employ any person, or
(b) discriminate against any person in respect of employment or any term or condition of employment,
because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
3(2)No employment agency shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity, discriminate against any person seeking employment.
3(3)No trade union or employers’ organization shall
(a) exclude any person from full membership,
(b) expel, suspend or otherwise discriminate against any of its members, or
(c) discriminate against any person in respect of his employment by an employer,
because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
3(4)No person shall
(a) use or circulate any form of application for employment,
(b) publish or cause to be published any advertisement in connection with employment, or
(c) make any oral or written inquiry in connection with employment,
that expresses either directly or indirectly any limitation, specification or preference, or requires an applicant to furnish any information as to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
3(5)Notwithstanding subsections (1), (2), (3) and (4), a limitation, specification or preference on the basis of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity shall be permitted if such limitation, specification or preference is based upon a bona fide occupational qualification as determined by the Commission.
3(6)The provisions of subsections (1), (2), (3) and (4) as to age do not apply to
(a) the termination of employment or a refusal to employ because of the terms or conditions of any bona fide retirement or pension plan;
(b) the operation of the terms or conditions of any bona fide retirement or pension plan that have the effect of a minimum service requirement; or
(c) the operation of terms or conditions of any bona fide group or employee insurance plan.
3(6.1)The provisions of subsections (1), (2), (3) and (4) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
3(7)The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to
(a) the termination of employment or a refusal to employ because of a bona fide qualification based on the nature of the work or the circumstance of the place of work in relation to the physical disability or mental disability, as determined by the Commission; or
(b) the operation of terms or conditions of any bona fide group or employee insurance plan.
1971, c.8, s.3; 1973, c.45, s.3; 1974, c.20(Supp.), s.1; 1976, c.31, s.2; 1985, c.30, s.5; 1992, c.30, s.3; 2004, c.21, s.2
Discrimination in housing and sale of property
4(1)No person directly or indirectly, alone or with another, by himself or by the interposition of another, shall
(a) deny to any person or class of persons the right to occupy any commercial unit or dwelling unit, or
(b) discriminate against any person or class of persons with respect to any term or condition of occupancy of any commercial unit or any dwelling unit,
because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
4(2)No person who offers to sell property or any interest in property shall
(a) refuse an offer to purchase the property or interest made by a person or class of persons,
(b) discriminate against any person or class of persons with respect to any term or condition of the sale of any property or interest in property,
because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
4(3)No person shall impose, enforce or endeavour to impose or enforce, any term or condition on any conveyance, instrument or contract, whether written or oral, that restricts the right of any person or class of persons, with respect to property because of race, colour, religion, national origin, ancestry, place of origin, physical disability, mental disability, sexual orientation, sex, social condition, political belief or activity.
4(4)Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, social condition, political belief or activity, physical disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
4(5)The provisions of subsections (1) and (2) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
1971, c.8, s.4; 1973, c.45, s.4; 1976, c.31, s.2; 1985, c.30, s.6; 1992, c.30, s.4; 2004, c.21, s.3
Discrimination in accommodation and services
5(1)No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall
(a) deny to any person or class of persons any accommodation, services or facilities available to the public, or
(b) discriminate against any person or class of persons with respect to any accommodation, services or facilities available to the public,
because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
5(2)Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, social condition, political belief or activity, physical disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
5(3)The provisions of subsection (1) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
1971, c.8, s.5; 1973, c.45, s.5; 1976, c.31, s.2; 1985, c.30, s.7; 1992, c.30, s.5; 2004, c.21, s.4
Discriminatory notices or signs
6(1)No person shall
(a) publish, display, or cause to be published or displayed, or
(b) permit to be published or displayed on lands or premises, in a newspaper, through a television or radio broadcasting station, or by means of any other medium that he owns or controls,
any notice, sign, symbol, emblem or other representation indicating discrimination or an intention to discriminate against any person or class of persons for any purpose because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
6(2)Nothing in this section interferes with, restricts, or prohibits the free expression of opinions upon any subject by speech or in writing.
6(3)Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of sex, social condition, political belief or activity, physical disability, mental disability, marital status or sexual orientation shall be permitted if such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.
6(4)The provisions of subsection (1) as to age do not apply to a limitation, specification, exclusion, denial or preference in relation to a person who has not attained the age of majority if the limitation, specification, exclusion, denial or preference is required or authorized by an Act of the Legislature or a regulation made under that Act.
1971, c.8, s.6; 1973, c.45, s.6; 1976, c.31, s.2; 1985, c.30, s.8; 1992, c.30, s.6; 2004, c.21, s.5
Discrimination by association or business
7(1)No professional association or business or trade association shall exclude any person from full membership or expel or suspend or otherwise discriminate against any of its members because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
7(2)Nothing in this section affects the application of any statutory provision restricting membership in a professional association or business or trade association to Canadian citizens or British subjects.
1971, c.8, s.7; 1973, c.45, s.7; 1976, c.31, s.2; 1985, c.30, s.9; 1992, c.30, s.7; 2004, c.21, s.6
Exception
7.01Despite any provision of this Act, a limitation, specification, exclusion, denial or preference on the basis of social condition shall be permitted if it is required or authorized by an Act of the Legislature.
2004, c.21, s.6.1; 2005, c.3, s.2
7.1(1)In this section
“association” means an employers’ organization, a trade union, a professional association or a business or trade association;
“representative” means a person who acts on behalf of an association or another person;
“sexually harass” means engage in vexatious comment or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome.
7.1(2)No employer, representative of the employer or person employed by the employer shall sexually harass a person employed by the employer or a person seeking employment with the employer.
7.1(3)No association or representative of the association shall sexually harass a member of the association or a person seeking membership in the association.
7.1(4)No person who provides goods, services, facilities or accommodation to the public, nor any representative of such person, shall sexually harass a recipient or user, or a person seeking to be a recipient or user, of these goods, services, facilities or accommodation.
7.1(5)No person who provides commercial or residential premises to the public, nor any representative of such person, shall sexually harass an occupant, or a person seeking to be an occupant, of these premises.
7.1(6)For the purposes of this section
(a) any act committed by an employee or representative of a person shall be deemed to be an act committed by the person if the person did not exercise the diligence appropriate in the circumstances to prevent the commission of the act;
(b) any act committed by an employee or representative of an association shall be deemed to be an act committed by the association if an officer or director of the association did not exercise the diligence appropriate in the circumstances to prevent the commission of the act;
(c) any act committed by an officer or director of an association shall be deemed to be an act committed by the association.
1987, c.26, s.1
Discrimination for complaint
8No person shall discharge, refuse to employ, exclude, expel, suspend, deny, evict or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation, inquiry or prosecution of a complaint or other proceeding under this Act.
1971, c.8, s.8
Act binding on Crown
9This Act binds the Crown in right of the Province.
1971, c.8, s.9
Human Rights Commission
10(1)There shall be a Commission to be known as New Brunswick Human Rights Commission.
10(2)The Commission shall be composed of three or more members as may be fixed by the Lieutenant-Governor in Council.
10(3)The members of the Commission shall be appointed by the Lieutenant-Governor in Council.
10(4)The Lieutenant-Governor in Council may designate one of the members as chairperson.
10(5)The Lieutenant-Governor in Council may fix the remuneration of the members of the Commission.
1971, c.8, s.10; 1985, c.30, s.10
Administration
11The Commission is responsible to the Minister for the administration of this Act.
1971, c.8, s.11
Objects of Human Rights Commission
12The Commission has the power to administer this Act and without limiting the generality of the foregoing, it is the function of the Commission
(a) to forward the principle that every person is free and equal in dignity and rights without regard to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity;
(b) to promote an understanding of, acceptance of, and compliance with this Act, and
(c) to develop and conduct educational programmes designed to eliminate discriminatory practices related to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
1971, c.8, s.12; 1973, c.45, s.8; 1976, c.31, s.2; 1985, c.30, s.11; 1992, c.30, s.8; 2004, c.21, s.7
Educational programs of Human Rights Commission
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.
1971, c.8, s.13
Officers of Human Rights Commission
14The Lieutenant-Governor in Council may appoint a secretary and such other officers, clerks and servants of the Commission as are deemed appropriate.
1971, c.8, s.14
Administration costs
15The cost of the administration of this Act is payable out of the Consolidated Fund.
1971, c.8, s.15
Regulations
16The Lieutenant-Governor in Council may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
1971, c.8, s.16
Complaints
17Any person claiming to be aggrieved because of an alleged violation of this Act may make a complaint in writing to the Commission in a form prescribed by the Commission.
1971, c.8, s.17
Time limit for making complaint
17.1(1)Subject to subsection (2), every complaint shall be filed within one year after the alleged violation of the Act.
17.1(2)The Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the complaint.
1992, c.30, s.9
Grievance procedure
18(1)The Commission itself or through any person designated so to do shall inquire into any complaint made pursuant to section 17 and shall endeavour to effect a settlement of the matter complained of.
18(2)If, in the opinion of the Commission, a complaint is without merit, the Commission may dismiss the complaint at any stage of the proceedings.
18(3)If in the opinion of the Commission it is necessary, for the purposes of inquiring into and endeavouring to effect a settlement of the complaint, that a person be designated to exercise the powers in section 19, the Commission may apply to a judge of the Provincial Court for authority to designate such a person.
18(4)The judge, if he is satisfied that it is reasonably necessary for the purposes of the Commission’s functions under this section, may authorize the Commission to designate a person to exercise the powers in section 19.
1971, c.8, s.18; 1986, c.6, s.23
Powers of Commission
19When so authorized by a judge of the Provincial Court under section 18, the Commission may designate a person who may, for the purpose of inquiring into and endeavouring to effect a settlement of the complaint made pursuant to section 17,
(a) inspect and examine any book, payroll, personnel record, register, notice, document, and any other record of any person that in any way relates to
(i) the wages, hours of labour, or conditions of employment affecting any person,
(ii) membership of any person in or application by any person for membership in a trade union, employers’ organization, professional association, or business or trade association,
(iii) any accommodation, services or facilities available to the public, and
(iv) the occupancy of any commercial unit or dwelling unit;
(b) take extracts from or make copies of any entry in any book, payroll, personnel record, register, notice, document, or record referred to in paragraph (a);
(c) require any person to make or furnish full and correct statements, either orally or in writing in whatever form is required respecting matters referred to in paragraph (a) and, in the discretion of the member of the Commission or person so authorized, require the statements to be made by the person on oath, or verified by affidavit; and
(d) require any person to make full disclosure, production, or delivery to the Commission, or to the person so authorized, of
(i) any record, document, statement, writing, book, paper, extract therefrom, or copy thereof that the person has in his possession or control, or
(ii) other information, either oral or in writing and either verified on oath or otherwise as may be directed,
that may in any way relate to matters referred to in paragraph (a).
(e) Repealed: 1986, c.6, s.24
(f) Repealed: 1986, c.6, s.24
(g) Repealed: 1986, c.6, s.24
1971, c.8, s.19; 1985, c.30, s.12; 1986, c.6, s.24
Powers of entry; entry warrant
19.1A person designated under section 19 may enter any place to which he reasonably requires access for the purposes of that section, and may, before or after attempting to enter such place, apply for an entry warrant in accordance with the Entry Warrants Act.
1986, c.6, s.25
Delegation of certain duties and powers, reviews
19.2(1)The Commission may, in writing, delegate to an employee of the Commission the duties and powers of the Commission under subsections 18(1) and (2).
19.2(2)Where a person named in a complaint as the complainant or a person named in a complaint who is alleged to have violated this Act is not satisfied with the decision made in relation to the complaint under a delegation under subsection (1), that person may, within fifteen days after receipt of the decision, request that the decision be reviewed by the Commission.
19.2(3)A request referred to in subsection (2) shall be in writing, setting out the reasons for the request and all relevant facts, and delivered personally or sent by prepaid registered or certified mail to the Commission.
19.2(4)Where a request to review a decision is made under this section, the Commission shall review the decision and may uphold, vary or rescind the decision.
1996, c.30, s.1
Board of Inquiry
20(1)If the Commission is unable to effect a settlement of the matter complained of, the Minister may, on the recommendation of the Commission, for the purpose of holding an inquiry to investigate the matter,
(a) appoint a Board of Inquiry composed of one or more persons, or
(b) refer the matter to the Labour and Employment Board established under the Labour and Employment Board Act.
20(1.1)Where a matter is referred to the Labour and Employment Board under paragraph (1)(b)
(a) the Labour and Employment Board, as constituted for the purpose in accordance with the Labour and Employment Board Act, shall be deemed to be a Board of Inquiry for the purposes of this Act, and
(b) subsections (2) and (7) do not apply.
20(1.2)The Minister shall forthwith notify the parties referred to in paragraphs (4.1)(a), (b) and (c) of the names of the members of the Board, and it shall then be presumed conclusively that the Board was appointed in accordance with this Act or constituted in accordance with the Labour and Employment Board Act, as the case may be.
20(2)If the Board of Inquiry is composed of more than one member, the Minister shall appoint a member to be chairperson thereof.
20(3)The Board has all the powers of a Conciliation Board under the Industrial Relations Act.
20(4)In conducting an inquiry, the Board shall give all parties full opportunity to present evidence and make representations, in person or by counsel or agent.
20(4.1)The parties to an inquiry are
(a) the Commission, which shall, subject to subsection (4), have carriage of the complaint,
(b) the person named in the complaint as the complainant,
(c) any person named in the complaint who is alleged to have violated this Act, and
(d) any other person as may be determined by the Board.
20(5)If the Board is composed of more than one person, the decision of the majority is the decision of the Board, but, in the absence of a decision of the majority, the decision of the chairperson is the decision of the Board.
20(6)Repealed: 1985, c.30, s.13
20(6.1)Where, at the conclusion of an inquiry, the Board does not find, on a balance of probabilities, that a violation of this Act has occurred, it shall dismiss the complaint.
20(6.2)Where, at the conclusion of an inquiry, the Board finds, on a balance of probabilities, that a violation of this Act has occurred, it may order any party found to have violated the Act
(a) to do, or refrain from doing, any act or acts so as to effect compliance with the Act,
(b) to rectify any harm caused by the violation,
(c) to restore any party adversely affected by the violation to the position he would have been in but for the violation,
(d) to reinstate any party who has been removed from a position of employment in violation of the Act,
(e) to compensate any party adversely affected by the violation for any consequent expenditure, financial loss or deprivation of benefit, in such amount as the Board considers just and appropriate, and
(f) to compensate any party adversely affected by the violation for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in such amount as the Board considers just and appropriate.
20(7)The Lieutenant-Governor in Council may determine the rate of remuneration of the chairperson and members of the Board of Inquiry appointed under this section.
1971, c.8, s.20; 1985, c.30, s.13; 1987, c.6, s.41; 1996, c.30, s.2
Board of Inquiry
21(1)All orders and decisions of a Board of Inquiry are final and shall be made in writing, together with a written statement of the reasons therefor, and copies of all such orders, decisions and statements shall be provided to the parties and to the Minister.
21(2)The Minister may publish any order, decision or statement of reasons of a Board of Inquiry in such manner as he sees fit.
21(3)Where a Board of Inquiry makes an order pursuant to subsection 20(6.2), the Board or any party to the inquiry may file a certified copy of the order in The Court of Queen’s Bench of New Brunswick, and such order shall be entered and recorded in the Court and, when so entered and recorded, becomes a judgment of the Court and may be enforced as a judgment of the Court.
21(4)All reasonable costs and charges attendant upon the filing, entering and recording of an order under subsection (3) may be recovered in like manner as if the amount had been included in the order.
1971, c.8, s.21; 1985, c.30, s.14
Repealed
22Repealed: 1985, c.30, s.15
1971, c.8, s.22; 1985, c.30, s.15
Offences and penalties
23A person who violates or fails to comply with
(a) subsection 3(1), 3(2) 3(3), 3(4), 4(1), 4(2), 4(3), 5(1), 6(1), 7(1), 7.1(2), 7.1(3), 7.1(4) or 7.1(5) or section 8, or
(b) any order made under this Act
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1971, c.8, s.23; 1990, c.61, s.64
Consent of Minister for prosecution
24No person shall institute a prosecution for an offence under this Act unless the Minister consents thereto in writing.
1971, c.8, s.24
Violation of Act by employer
25Where an employer is convicted of a violation of section 3 or a violation of section 8 in relation to employment, the judge, in addition to any other penalty,
(a) may order the employer to pay the aggrieved person compensation for loss of employment not exceeding such sum as in the opinion of the judge is equivalent to the wages, salary or remuneration that would have accrued to that person up to the date of conviction but for such violation of section 3 or 8; and
(b) may order the employer to reinstate the aggrieved person in his employ at such date as in the opinion of the judge is just and proper under the circumstances, in the position that that person would have held but for violation of section 3 or 8.
1971, c.8, s.25
Responsibility of trade unions, associations, etc
26A prosecution for an offence under this Act may be instituted against a trade union, employers’ organization, employment agency, professional association, or business or trade association in the name of the union, organization, agency or association and any act or thing done or omitted to be done by an officer, official or agent of a trade union, employers’ organization, employment agency, professional association, or business or trade association within the scope of his authority to act on behalf of the union, organization, agency or association shall be deemed to be an act or thing done or omitted to be done by the union, organization, agency or association.
1971, c.8, s.26
Court order
27(1)Where a person has been convicted of a violation of this Act the Minister may apply by way of notice of application to a judge of The Court of Queen’s Bench of New Brunswick for an order enjoining such person from continuing such violation.
27(2)The judge in his discretion may make such order and the order may be enforced in the same manner as any other order and judgment of The Court of Queen’s Bench of New Brunswick.
1971, c.8, s.27; 1979, c.41, s.63; 1986, c.4, s.25
N.B. This Act is consolidated to September 1, 2011.