Acts and Regulations

2011, c.171 - Human Rights Act

Section 23
Disposition versions

Full text
Labour and Employment Board
2012, c.12, s.14
23(1)If the Commission is unable to effect a settlement of the matter complained of and is satisfied that an inquiry into the matter is warranted in the circumstances, it shall institute an inquiry by referring the matter to the Labour and Employment Board established under the Labour and Employment Board Act.
23(2)Without delay, the Commission shall notify the parties referred to in paragraphs (5)(b) and (c) that the matter has been referred to the Labour and Employment Board, and it shall then be presumed conclusively that the Board was constituted in accordance with the Labour and Employment Board Act.
23(3)The Labour and Employment Board has all of the powers of a conciliation board under the Industrial Relations Act.
23(4)In conducting an inquiry, the Labour and Employment Board shall give all parties full opportunity to present evidence and make presentations, in person or by counsel or agent.
23(5)The parties to an inquiry are
(a) the Commission, which, subject to subsection (4), shall 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 that the Labour and Employment Board determines.
23(6)At the conclusion of an inquiry, if the Labour and Employment Board does not find on a balance of probabilities that a violation of this Act has occurred, it shall dismiss the complaint.
23(7)At the conclusion of an inquiry, if the Labour and Employment Board finds on a balance of probabilities that a violation of this Act has occurred, it may order a 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 a party adversely affected by the violation to the position that party would have been in but for the violation,
(d) to reinstate a party who has been removed from a position of employment in violation of the Act,
(e) to compensate a party adversely affected by the violation for any consequent expenditure, financial loss or deprivation of benefit, in the amount that the Labour and Employment Board considers just and appropriate, and
(f) to compensate a party adversely affected by the violation for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in the amount that the Labour and Employment Board considers just and appropriate.
R.S.1973, c.H-11, s.20; 1985, c.30, s.13; 1987, c.6, s.41; 1996, c.30, s.2; 2012, c.12, s.15
Labour and Employment Board
2012, c.12, s.14
23(1)If the Commission is unable to effect a settlement of the matter complained of and is satisfied that an inquiry into the matter is warranted in the circumstances, it shall institute an inquiry by referring the matter to the Labour and Employment Board established under the Labour and Employment Board Act.
23(2)Without delay, the Commission shall notify the parties referred to in paragraphs (5)(b) and (c) that the matter has been referred to the Labour and Employment Board, and it shall then be presumed conclusively that the Board was constituted in accordance with the Labour and Employment Board Act.
23(3)The Labour and Employment Board has all of the powers of a conciliation board under the Industrial Relations Act.
23(4)In conducting an inquiry, the Labour and Employment Board shall give all parties full opportunity to present evidence and make presentations, in person or by counsel or agent.
23(5)The parties to an inquiry are
(a) the Commission, which, subject to subsection (4), shall 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 that the Labour and Employment Board determines.
23(6)At the conclusion of an inquiry, if the Labour and Employment Board does not find on a balance of probabilities that a violation of this Act has occurred, it shall dismiss the complaint.
23(7)At the conclusion of an inquiry, if the Labour and Employment Board finds on a balance of probabilities that a violation of this Act has occurred, it may order a 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 a party adversely affected by the violation to the position that party would have been in but for the violation,
(d) to reinstate a party who has been removed from a position of employment in violation of the Act,
(e) to compensate a party adversely affected by the violation for any consequent expenditure, financial loss or deprivation of benefit, in the amount that the Labour and Employment Board considers just and appropriate, and
(f) to compensate a party adversely affected by the violation for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in the amount that the Labour and Employment Board considers just and appropriate.
R.S.1973, c.H-11, s.20; 1985, c.30, s.13; 1987, c.6, s.41; 1996, c.30, s.2; 2012, c.12, s.15
Board of Inquiry
23(1)If the Commission is unable to effect a settlement of the matter complained of, on the recommendation of the Commission, the Minister, for the purpose of holding an inquiry to investigate the matter, may
(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.
23(2)When 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 (4) and (11) do not apply.
23(3)Without delay, the Minister shall notify the parties referred to in paragraphs (7)(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.
23(4)If the Board is composed of more than one member, the Minister shall appoint a member to be chair of the Board.
23(5)The Board has all the powers of a conciliation board under the Industrial Relations Act.
23(6)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.
23(7)The parties to an inquiry are
(a) the Commission, which, subject to subsection (6), shall 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 that the Board determines.
23(8)If the Board is composed of more than one member, 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 chair is the decision of the Board.
23(9)At the conclusion of an inquiry, if the Board does not find on a balance of probabilities that a violation of this Act has occurred, it shall dismiss the complaint.
23(10)At the conclusion of an inquiry, if the Board finds on a balance of probabilities that a violation of this Act has occurred, it may order a 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 a party adversely affected by the violation to the position that party would have been in but for the violation;
(d) to reinstate a party who has been removed from a position of employment in violation of the Act;
(e) to compensate a party adversely affected by the violation for any consequent expenditure, financial loss or deprivation of benefit, in the amount that the Board considers just and appropriate; and
(f) to compensate a party adversely affected by the violation for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in the amount that the Board considers just and appropriate.
23(11)The Lieutenant-Governor in Council may determine the rate of remuneration of the chair and members of the Board appointed under this section.
R.S.1973, c.H-11, s.20; 1985, c.30, s.13; 1987, c.6, s.41; 1996, c.30, s.2