1979

Human Rights Code

RS Chap. 186

HUMAN RIGHTS CODE
CHAPTER 186
Interpretation

1.
In this Act
“age” means an age of 45 years or more and less than 65 years;
“employment” includes the relationship of master and servant, master and apprentice,
and principal and agent, if a substantial part of the agent’s services relate to the
affairs of one principal; and “employ” has a corresponding meaning;
“employers’ organization” means an organization of employers formed for purposes
that include the regulation of relations between employers and employees;
“employment agency” includes a person who undertakes, with or without compensa­
tion, to procure employees for employers or to procure employment for persons;
“occupational association” means an organization, other than a trade union or
employers’ organization, in which membership is a prerequisite to carrying on a
trade, occupation or profession;
“person” includes an employment agency, an employers’ association, an occupational
association and a trade union;
“trade union” means an organization of employees formed for purposes that include
the regulation of relations between employees and employers.
1973-119-1.

Discriminatory publication

2.
(1) No person shall publish or display before the public, or cause to be
published or displayed before the public, a notice, sign, symbol, emblem or other
representation indicating discrimination or an intention to discriminate against a person
or class of persons in any manner prohibited by this Act.
(2 ) Notwithstanding subsection (1), a person may, by speech or in writing, freely
express his opinions on a subject.
1973-119-2.

Discrimination in public facilities

(1) No person shall
(a) deny to a person or class of persons any accommodation, service or
facility customarily available to the public; or
(b) discriminate against a person or class of persons with respect to any
accommodation, service or facility customarily available to the public,
unless reasonable cause exists for the denial or discrimination.
(2) For the purposes of subsection (1),
(a) the race, religion, colour, ancestry or place of origin of a person or class
of persons shall not constitute reasonable cause; and
(b) the sex of a person shall not constitute reasonable cause unless it relates
to the maintenance of public decency or to the determination of
premiums or benefits under contracts of insurance.

3.

1973-119-3; 1974-114-6.

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Discrimination in purchase of property

No person shall
(a) deny to a person or class of persons the opportunity to purchase a
commercial unit or dwelling unit that is advertised or in any way
represented as being available for sale;
(b) deny to a person or class of persons the opportunity to acquire land or an
interest in land; or
(c) discriminate against a person or class of persons about a term or
condition of the purchase or other acquisition of a commercial unit,
dwelling unit, land or interest in land,
because of the race, religion, colour, sex, ancestry, place of origin or marital status of
that person or class of persons.
4.

1973-119-4.

Discrimination in tenancy premises

(I) No person shall
(a) deny to a person or class of persons the right to occupy as a tenant space
that is advertised or otherwise in any way represented as available for
occupancy by a tenant; or
(b) discriminate against a person or class of persons with respect to a term or
condition of the tenancy of the space,
because of the race, sex, marital status, religion, colour, ancestry or place of origin of
that person or class of persons, or of any other person or class of persons.
(2) Subsection (1) does not apply where a person advertises or otherwise
represents that space is available for occupancy by another person who is to share with
him the use of any sleeping, bathroom or cooking facilities in the space.
5.

1973-119-5.

Discrimination in wages

6.
( 1 ) No employer shall discriminate between his male or female employees by
employing an employee of one sex for work at a rate of pay that is less than the rate of
pay at which an employee of the other sex is employed by that employer for similar or
substantially similar work.
(2) For the purposes of subsection (1), the concept of skill, effort and
responsibility shall, subject to such factors in respect of pay rates as seniority systems,
merit systems, and systems that measure earnings by quantity or quality of production,
be used to determine what is similar or substantially similar work.
(3) A difference in the rate of pay between employees of different sexes based on
a factor other than sex does not constitute a failure to comply with this section if the
factor on which the difference is based would reasonably justify the difference.
(4) No employer shall reduce the rate of pay of an employee in order to comply
with this section.
(5) Where an employee is paid less than the rate of pay to which he is entitled
under this section, he is entitled to recover from his employer, by action, the difference
between the amount paid and the amount to which he was entitled, together with the
costs, but
(a) no action shall be commenced later than 12 months from the termination
of his services; and
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(b) the action applies only to wages of an employee during the 12 month
period immediately preceding the date of the termination of his services,
or the date of the commencement of his action, whichever date occurs
first.
1973-119-6.

Discrimination in employment advertisements

7. No person shall use or circulate any form of application for employment,
publish or cause to be published an advertisement in connection with employment or
prospective employment, or make any written or oral inquiry of an applicant that
(a) expresses, either directly or indirectly, any limitation, specification, or
preference as to the race, religion, colour, sex, marital status, age,
ancestry or place of origin of a person; or
(b) requires an applicant to furnish any information concerning race,
religion, colour, ancestry, place of origin or political belief.
1973-119-7; 1974-87-18; 1974-114-6.

Discrimination in respect of employment

8. (1) Every person has the right of equality of opportunity based on bona fide
qualifications in respect of his occupation or employment, or in respect of an intended
occupation, employment, advancement or promotion; and, without limiting the
generality of the foregoing,
(a) no employer shall refuse to employ, or to continue to employ, or to
advance or promote that person, or discriminate against that person in
respect of employment or a condition of employment; and
(b) no employment agency shall refuse to refer him for employment,
unless reasonable cause exists for the refusal or discrimination.
(2) For the purposes of subsection (1),
(a) the race, religion, colour, age, marital status, ancestry, place of origin or
political belief of any person or class of persons shall not constitute
reasonable cause;
(b) a provision respecting Canadian citizenship in an Act constitutes
reasonable cause;
(c) the sex of a person shall not constitute reasonable cause unless it relates
to the maintenance of public decency;
(d) a conviction for a criminal or summary conviction charge shall not
constitute reasonable cause unless the charge relates to the occupation or
employment, or to the intended occupation, employment, advancement
or promotion of a person.
(3) Nothing in this section relating to age prohibits the operation of any term of a
bona fide retirement, superannuation or pension plan, or the terms or conditions of a
bona fide group or employee insurance plan, or of a bona fide scheme based on
seniority.
1973-119-8; 1974-114-6.
Discrimination by trade unions and employers’
and occupational associations

9. (1) Every person has the right of equality of opportunity based on bona fide
qualifications in respect of his occupation or employment, and in respect of his
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membership or intended membership in a trade union, employers’ association or
occupational association; and, without limiting the generality of the foregoing, no trade
union, employers’ association or occupational association shall, without reasonable
cause in respect of the qualifications of that person,
(a) refuse membership to, expel, suspend or otherwise discriminate against
that person; or
(b) negotiate, on behalf of that person, an agreement that would discriminate
against him contrary to this Act.
(2) For the purposes of subsection (1),
(a) the sex, race, religion, colour, age, marital status, ancestry, place of
origin or political belief of a person or class of persons shall not
constitute reasonable cause; and
(b) the conviction of criminal or summary convictions charges shall not
constitute reasonable cause unless the charges relate to the occupation,
employment or membership, or to the intended occupation, employment
or membership of a person.
(3) Nothing in this section relating to age prohibits the operation of a term of a
bona fide retirement, superannuation or pension plan, or the terms or conditions of a
bona fide group or employee insurance plan, or of a bona fide scheme based on
seniority.
1973-119-9.

Protection of complainant

10.
No person shall evict, discharge, suspend, expel, intimidate, coerce, impose
any pecuniary or other penalty on, or otherwise discriminate against, a person because
that person complains, gives evidence or otherwise assists in respect of the initiation or
prosecution of a complaint or other proceeding under this Act.
1973-119-10.

Human Rights Commission

11.
(1) There is continued the commission known as the British Columbia
Human Rights Commission, consisting of members the Lieutenant Governor in
Council appoints to hold office during pleasure.
(2) The Lieutenant Governor in Council shall designate one member of the
commission as chairman.
(3) The chairman and each member shall be paid remuneration for his services as
a member of the commission the Lieutenant Governor in Council determines, and
actual and reasonable expenses incurred by him in discharging his duties as a member
of the commission.
(4) It is the function of the commission to
(a) promote the principles of this Act;
(b) promote an understanding of and compliance with this Act;
(c) develop and conduct educational programs designed to eliminate
discriminatory practices; and
(d) encourage and coordinate programs and activities promoting human
rights and fundamental freedoms.
(5) 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 in contravention of this Act.
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(6) Where
(a) a person contravenes this Act or is discriminated against contrary to this
Act; and
(b) every person who is directly affected by that discrimination or
contravention agrees to a settlement in respect of the discrimination or
contravention,
the commission may, on application, approve the settlement, and, thereupon, the
settlement shall be deemed not to be in contravention of this Act.
(7) The Lieutenant Governor in Council may, by order, make regulations adding
to or extending the functions of the commission and respecting any matter necessary or
advisable to carry out effectively the intent and purpose of this Act.
1973-199-11.

Director and employees

12.
(1) The Minister of Labour shall appoint, in accordance with the Public
Service Act, a director and other employees required for this Act.
(2) The director shall act as
(a) chief executive officer of the commission; and
(b) registrar for the purpose of ensuring that complaints are dealt with in
accordance with this Act.
(3) The director has, for the purpose of an inquiry under this Act, the power of a
commissioner appointed under Part 2 of the Inquiry Act.
1973-119-12.

Boards of inquiry

13.
(1) The Minister of Labour shall appoint persons to a panel who shall be
eligible to serve on boards of inquiry.
(2) The Lieutenant Governor in Council may determine the rate of remuneration
of members of the panel.
1973-119-13.

Annual reports

14.
(1) The director shall annually prepare, with the commission, and submit to
the Minister of Labour a report of the activities of the commission, the director and
boards of inquiry during the preceding calendar year.
(2) The Minister of Labour shall submit at once the report to the Legislative
Assembly if it is in,session and, if not, within 15 days of the commencement of the next
ensuing session.
1973-119-14.

Allegations

15.

(1) Where the director
(a) receives a complaint alleging that a person, whether or not he is the
complainant, has been discriminated against contrary to this Act;
(b) receives a complaint alleging that a person has contravened this Act;
(c) alleges, whether or not a complaint is received, that a person has
contravened this Act or that a person has been discriminated against
contrary to this Act; or
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(d) receives from the commission an allegation that a person has con­
travened this Act or that a person has been discriminated against contrary
to this Act,
the director shall at once inquire into, investigate and endeavour to effect a settlement
of the alleged discrimination or contravention.
(2) The director, or a person authorized in writing by him, may, for the purposes
of inquiry, investigation or endeavour under subsection (1),
(a) inspect and examine all books, payrolls, personnel records, registers,
notices, documents and other records of any person that in any way relate
to the
(i) wages, hours of labour, applications for employment, or
conditions of employment affecting any person;
(ii) membership of any person in or an application by any person for
membership in a trade union;
(iii) accommodation, services or facilities customarily available to the
public;
(iv) occupancy of any space under a tenancy agreement; and
(v) acquisition of a commercial or dwelling unit or of land or an
interest in land;
(b) take extracts from or make copies of any entry in those books, payrolls,
personnel records, registers, notices, documents and records;
(c) require any person to make or furnish full and correct statements, either
orally or in writing, in whatever form is required, about matters referred
to in paragraph (a) and, in the discretion of the director or person
authorized, require the statements to be made by the person on oath or to
be verified by an affidavit;
(d) require any person to make full disclosure, production or delivery to the
director or person authorized, at a time and place specified, of
(i) all records, documents, statements, writings, books, papers,
extracts from them or copies of them that the person has in his
possession or control; or
(ii) other information, either verbal or in writing, and either verified
on oath or otherwise as directed,
that may in any way relate to matters referred to in paragraph (a);
(e) make the examination and inquiry that may be necessary to ascertain
whether this Act is complied with;
(f) exercise other powers necessary for carrying this Act and the regulations
into effect; and
(g) administer all oaths and take all affidavits required or authorized to be
made under this section, and to summon any person to give evidence in
connection with any investigations, inquiry or examination.
1973-119-15; 1974-87-18.

Reference to board of inquiry

16.
(1) Where the director is unable to settle an allegation, or where he is of the
opinion that an allegation will not be settled by him, the director shall make a report to
the Minister of Labour, who may refer the allegation to a board of inquiry and
(a) appoint a board of inquiry consisting of one or more panel members
appointed under section 13; and
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(b) fix a place at which and a date on which the board of inquiry shall hear
and decide on the allegation.
(2) A board of inquiry and every member of it has, for the purposes of a reference
under subsection (1), the powers of a commissioner appointed under Part 2 of the
Inquiry Act.
(3) For the purposes of a reference under subsection (1), the persons who are
entitled to be parties to a proceeding before the board of inquiry are
(a) the director, commission or person who made the allegation;
(b) the person alleged to have been discriminated against contrary to this
Act;
(c) the person who is alleged to have contravened this Act; and
(d) any other person who, in the opinion of the board of inquiry, would be
directly affected by an order made by it.
(4) A board of inquiry shall give the parties opportunity to be represented by
counsel, to present relevant evidence, to cross examine witnesses, and to make
submissions.
(5) The board of inquiry may receive and accept, on oath, affidavit or otherwise,
evidence or information that it, in its discretion, considers necessary and appropriate,
whether or not the evidence or information would be admissible in a court of law.
(6) The Lieutenant Governor in Council may, by order, establish rules governing
the procedure of a board of inquiry.
1973-119-16.

Orders by board of inquiry

17.
(1) Where a board of inquiry is of the opinion that an allegation is not
justified, the board may dismiss the allegation.
(2) Where a board of inquiry is of the opinion that an allegation is justified, the
board of inquiry shall order a person who contravened this Act to cease the
contravention, and to refrain from committing the same or a similar contravention, and
may order
(a) a person who contravened this Act to make available to the person
discriminated against the rights, opportunities or privileges which, in the
opinion of the board, he was denied contrary to this Act;
(b) the person who contravened this Act to compensate the person
discriminated against for all, or the part the board determines, of any
wages or salary lost, or expenses incurred, by the contravention ot this
Act; and
(c) where the board is of the opinion that the person
(i) who contravened this Act did so knowingly or with a wanton
disregard; and
(ii) discriminated against suffered aggravated damages in respect of
his feelings or self respect,
the board may order the person who contravened this Act to pay to the
person discriminated against the compensation, not exceeding $5,000,
that the board may determine.
(3) A board of inquiry may make an order as to costs it considers appropriate.
(4) Where an order is made under subsection (3) or subsection (2) (b) or (c), the
commission or the person who was discriminated against and in whose favour the order
is made may file a certified copy of the order with the Supreme Court or with a County
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Court, and, thereupon, the order has the same force and effect, and all proceedings may
be taken on it, as if it were a judgment of the appropriate court for the recovery of a
debt of the amount stated in the order against the person named in it.
1973-119-17.

Appeals

18.

An appeal lies from a decision of a board of inquiry to the Supreme Court on

any
(a) point or question of law or jurisdiction; or
(b) finding of fact necessary to establish its jurisdiction that is manifestly
incorrect,
and the rules under the Offence Act governing appeals by way of stated case to that
court apply to appeals under this section, and a reference to the word “justice” shall be
deemed to be a reference to the board of inquiry.
1973-119-18.

Style of cause for proceedings

19.
(1) Proceeding under this Act in respect of a trade union, employers’
organization or occupational association may be taken in its name.
(2) Any act or thing done or omitted by an officer, official or agent of a trade
union or employers’ organization or occupational association within the scope of his
authority shall be deemed to be an act or thing done or omitted by the trade union,
employers’ organization or occupational association, as the case may be.
1973-119-19.

Privileged information

20.
No person who, on behalf of the commission or the director, collects
information for the purposes of this Act shall,
(a) except in an appeal under section 18, be required by a court to give
evidence respecting that information; or
(b) be required by a court to give evidence respecting any communication
made to him by a person who is alleged to have contravened this Act.
1973-119-20.

Irregularity

21.
No proceeding under this Act is invalid by reason of any defect in form or
any technical irregularity.
1973-119-21.

Private organizations exempt

22.
Where a charitable, philanthropic, educational, fraternal, religious or social
organization or corporation that is not operated for profit has as a primary purpose the
promotion of the interests and welfare of an identifiable group or class of persons
characterized by a common race, religion, age, sex, marital status, political belief,
colour, ancestry or place of origin, that organization or group shall not be considered as
contravening this Act because it is granting a preference to members of the identifiable
group or class of persons.
1973-119-22.

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Limitations

23.
( 1 ) No allegation under this Act shall be made more than 6 months after the
date of the alleged contravention or, where a continuing contravention is alleged, after
the date of the last alleged contravention of this Act.
(2 ) No claim in respect of compensation or damages because of a contravention of
this Act shall be made with respect to a contravention that occurred more than 12
months before the allegation is made.
1973-119-23.

Offence

24.
(I) Subject to subsection (2), every person who contravenes this Act, or
who fails to obey an order of a board of inquiry, commits an offence and is liable on
conviction to a fine of not more than
(a) $1,000, if an individual; and
(b) $5,000, if a corporation, trade union, employers’ organization or
employment agency.
(2) Where a board of inquiry has made an order under section 17 (2) (b) or (c)
against a person who has contravened this Act, that person is not liable under
subsection (1) for the same contravention.
1973-119-24.

Binds Crown

25.

This Act applies to and binds the Crown in right of the Province.
1973-119-25.

Expenses

26.
(1) All money required for the purposes of this Act shall be paid out of the
consolidated revenue fund with money authorized by an Act of the Legislature.
(2 ) For the purposes of subsection (I), the Minister of Labour is appointed the
fiscal agent of the commission.
197.3-119-26.

Queen’s Printer for British Columbia ©
Victoria, 1979

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