Acts and Regulations

2011, c.171 - Human Rights Act

Section 10
Disposition versions

Full text
Sexual harassment
10(1)The following definitions apply in this section.
“association” means an employers’ organization, a trade union, a professional association or a business or trade association. (association)
“representative” means a person who acts on behalf of an association or another person. (représentant)
“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. (harceler sexuellement)
10(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.
10(3)No association or representative of the association shall sexually harass a member of the association or a person seeking membership in the association.
10(4)No person who provides goods, services, facilities or accommodation to the public, nor any representative of that person, shall sexually harass a recipient or user, or a person seeking to be a recipient or user, of those goods, services, facilities or accommodation.
10(5)No person who provides commercial or residential premises to the public, nor any representative of that person, shall sexually harass an occupant, or a person seeking to be an occupant, of those premises.
10(6)For the purposes of this section
(a) an 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) an 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, and
(c) an 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
Sexual harassment
10(1)The following definitions apply in this section.
“association” means an employers’ organization, a trade union, a professional association or a business or trade association. (association)
“representative” means a person who acts on behalf of an association or another person. (représentant)
“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. (harceler sexuellement)
10(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.
10(3)No association or representative of the association shall sexually harass a member of the association or a person seeking membership in the association.
10(4)No person who provides goods, services, facilities or accommodation to the public, nor any representative of that person, shall sexually harass a recipient or user, or a person seeking to be a recipient or user, of those goods, services, facilities or accommodation.
10(5)No person who provides commercial or residential premises to the public, nor any representative of that person, shall sexually harass an occupant, or a person seeking to be an occupant, of those premises.
10(6)For the purposes of this section
(a) an 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) an 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, and
(c) an 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