Acts and Regulations

2011, c.171 - Human Rights Act

Full text
Document at 1 September 2011
2011, c.171
Human Rights Act
Deposited May 13, 2011
Preamble
 
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 or 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 on 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 those 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:
Citation
1This Act may be cited as the Human Rights Code.
R.S.1973, c.H-11, s.1; 1985, c.30, s.3
Definitions
2The following definitions apply in this Act.
“Board” means Board of Inquiry appointed under section 23. (commission d’enquête)
“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 a business or trade. (association de gens d’affaires ou association de métiers)
“commercial unit” means a building or other structure or part of a building or other structure 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 a building or other structure or in a part of a building or other structure. (établissement commercial)
“Commission” means the New Brunswick Human Rights Commission. (Commission)
“employer” includes every person, firm, corporation, agent, manager, representative, contractor or subcontractor 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) a condition of mental retardation or impairment,
(b) a 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) a mental disorder.
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person 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 includes, but is not limited to, a disability resulting from any degree of paralysis or from diabetes mellitus, epilepsy, amputation, lack of physical coordination, 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 an 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)
R.S.1973, c.H-11, 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
This Act binds the Crown in right of the Province
3This Act binds the Crown in right of the Province.
R.S.1973, c.H-11, s.9
Discrimination in employment
4(1)No employer, employers’ organization or other person acting on behalf of an employer shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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.
4(2)No employment agency shall discriminate against a person seeking employment because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity.
4(3)No trade union or employers’ organization shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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 or her employment by an employer.
4(4)No person shall
(a) use or circulate a form of application for employment,
(b) publish or cause to be published an advertisement in connection with employment, or
(c) make an oral or written inquiry in connection with employment,
that expresses either directly or indirectly a 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 or political belief or activity.
4(5)Despite 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 or political belief or activity shall be permitted if the limitation, specification or preference is based on a bona fide occupational qualification as determined by the Commission.
4(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 a bona fide retirement or pension plan that have the effect of a minimum service requirement, or
(c) the operation of terms or conditions of a bona fide group or employee insurance plan.
4(7)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.
4(8)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 a bona fide group or employee insurance plan.
R.S.1973, c.H-11, 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
5(1)No person directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(a) deny to any person or class of persons the right to occupy a commercial unit or a dwelling unit, or
(b) discriminate against any person or class of persons with respect to any term or condition of occupancy of a commercial unit or a dwelling unit.
5(2)No person who offers to sell property or any interest in property shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(a) refuse an offer to purchase the property or interest made by a person or class of persons, or
(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.
5(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 or political belief or activity.
5(4)Despite 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 the limitation, specification, exclusion, denial or preference is based on a bona fide qualification as determined by the Commission.
5(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.
R.S.1973, c.H-11, 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
6(1)No person, directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall, because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity,
(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.
6(2)Despite 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 the limitation, specification, exclusion, denial or preference is based on a bona fide qualification as determined by the Commission.
6(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.
R.S.1973, c.H-11, 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
7(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 the person owns or controls,
a 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 or political belief or activity.
7(2)Nothing in this section interferes with, restricts or prohibits the free expression of opinions on any subject by speech or in writing.
7(3)Despite 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 the limitation, specification, exclusion, denial or preference is based on a bona fide qualification as determined by the Commission.
7(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.
R.S.1973, c.H-11, 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
8(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 or political belief or activity.
8(2)Nothing in this section affects the application of a statutory provision restricting membership in a professional association or business or trade association to Canadian citizens or British subjects.
R.S.1973, c.H-11, s.7; 1976, c.31, s.2; 1985, c.30, s.9; 1992, c.30, s.7; 2004, c.21, s.6
Exception
9Despite 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
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
Discrimination for complaint
11No person shall discharge, refuse to employ, exclude, expel, suspend, deny, evict or otherwise discriminate against any person because that person 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.
R.S.1973, c.H-11, s.8
Human Rights Commission
12(1)There is established a Commission called the New Brunswick Human Rights Commission.
12(2)The Commission shall be composed of three or more members as may be fixed by the Lieutenant-Governor in Council.
12(3)The members of the Commission shall be appointed by the Lieutenant-Governor in Council.
12(4)The Lieutenant-Governor in Council may designate one of the members as chair.
12(5)The Lieutenant-Governor in Council may fix the remuneration of the members of the Commission.
R.S.1973, c.H-11, s.10; 1985, c.30, s.10
Objects
13The 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 or political belief or activity,
(b) to promote an understanding of, an acceptance of, and compliance with this Act, and
(c) to develop and conduct educational programs 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 or political belief or activity.
R.S.1973, c.H-11, s.12; 1976, c.31, s.2; 1985, c.30, s.11; 1992, c.30, s.8; 2004, c.21, s.7
Educational programs
14(1)On the application of any person, or on its own initiative, the Commission may approve a program to be undertaken by any person designed to promote the welfare of any class of persons.
14(2)At any time before or after approving a program, the Commission may do any of the following as the Commission thinks fit:
(a) make inquiries concerning the program;
(b) vary the program;
(c) impose conditions on the program; or
(d) withdraw approval of the program.
14(3)Anything done in accordance with a program approved under this section is not a violation of the provisions of this Act.
R.S.1973, c.H-11, s.13
Officers
15The Lieutenant-Governor in Council may appoint a secretary and any other officers, clerks and servants of the Commission that are considered appropriate.
R.S.1973, c.H-11, s.14
Administration costs
16The cost of the administration of this Act is payable out of the Consolidated Fund.
R.S.1973, c.H-11, s.15
Complaints
17A 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.
R.S.1973, c.H-11, s.17
Time limit for making complaint
18(1)Subject to subsection (2), a complaint shall be filed within one year after the alleged violation of the Act.
18(2)The Commission may extend the time for the filing of a complaint if, in the opinion of the Commission, the circumstances warrant it.
1992, c.30, s.9
Grievance procedure
19(1)The Commission, itself or through a person designated to do so, shall inquire into a complaint made under section 17 and shall endeavour to effect a settlement of the matter complained of.
19(2)If the Commission is of the opinion that a complaint is without merit, the Commission may dismiss the complaint at any stage of the proceedings.
19(3)If the Commission considers it necessary to designate a person to exercise the powers in section 20 for the purposes of inquiring into and endeavouring to effect a settlement of a complaint, the Commission may apply to a judge of the Provincial Court for authority to designate such a person.
19(4)The judge may authorize the Commission to designate a person to exercise the powers in section 20 if the judge is satisfied that it is reasonably necessary for the purposes of the Commission’s functions under this section.
R.S.1973, c.H-11, s.18; 1986, c.6, s.23
Designation of person, powers
20When so authorized by a judge of the Provincial Court under section 19, the Commission may designate a person who, for the purpose of inquiring into and endeavouring to effect a settlement of a complaint made under section 17, may
(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) the membership of any person in or the 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 a commercial unit or a 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 the form that 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 any of the following that may in any way relate to matters referred to in paragraph (a):
(i) any record, document, statement, writing, book, paper, extract from it, or copy of it that the person has in the person’s possession or control; and
(ii) other information, either oral or in writing and either verified on oath or otherwise as may be directed.
R.S.1973, c.H-11, s.19; 1985, c.30, s.12; 1986, c.6, s.24
Power of entry
21A person designated under section 20 may enter any place to which the person reasonably requires access for the purposes of that section and, before or after attempting to enter the place, may apply for an entry warrant in accordance with the Entry Warrants Act.
1986, c.6, s.25
Delegation of certain duties and powers, reviews
22(1)The Commission may delegate in writing to an employee of the Commission the duties and powers of the Commission under subsections 19(1) and (2).
22(2)If 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), within 15 days after receipt of the decision, that person may request that the decision be reviewed by the Commission.
22(3)A request under 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.
22(4)When 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
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
Orders and decisions
24(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 for it, and copies of all orders, decisions and statements shall be provided to the parties and to the Minister.
24(2)The Minister may publish an order, decision or statement of reasons of a Board of Inquiry in the manner that the Minister sees fit.
24(3)When a Board of Inquiry makes an order under subsection 23(10), 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 the order shall be entered and recorded in the Court and, when entered and recorded, becomes a judgment of the Court and may be enforced as a judgment of the Court.
24(4)All reasonable costs and charges attendant on the filing, entering and recording of an order under subsection (3) may be recovered in the same manner as if the amount had been included in the order.
R.S.1973, c.H-11, s.21; 1985, c.30, s.14
Offences and penalties
25A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence who violates or fails to comply with
(a) subsection 4(1), 4(2) 4(3), 4(4), 5(1), 5(2), 5(3), 6(1), 7(1), 8(1), 10(2), 10(3), 10(4) or 10(5) or section 11, or
(b) an order made under this Act.
R.S.1973, c.H-11, s.23; 1990, c.61, s.64
Consent of Minister for prosecution
26No person shall institute a prosecution for an offence under this Act unless the Minister consents to it in writing.
R.S.1973, c.H-11, s.24
Violation of Act by employer
27When an employer is convicted of a violation of section 4 or a violation of section 11 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 the sum that, 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 the violation of section 4 or 11, and
(b) may order the employer to reinstate the aggrieved person in the employ of the employer at the date that, in the opinion of the judge, is just and proper under the circumstances, in the position that person would have held but for the violation of section 4 or 11.
R.S.1973, c.H-11, s.25
Prosecution against union, organization, agency or association
28A 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 the officer’s, official’s or agent’s 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.
R.S.1973, c.H-11, s.26
Court order
29(1)When 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 the person from continuing the violation.
29(2)The judge, in his or her discretion, may make the 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.
R.S.1973, c.H-11, s.27; 1979, c.41, s.63; 1986, c.4, s.25
Administration
30The Commission is responsible to the Minister for the administration of this Act.
R.S.1973, c.H-11, s.11
Regulations
31The Lieutenant-Governor in Council may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
R.S.1973, c.H-11, s.16