Document Information

Date: 1969-03-26
By: Henry F. Davis
Citation: Memorandum from Henry F. Davis to the Prime Minister (26 March 1969).
Other formats: Click here to view the original document (PDF).

March 26, 1969

MEMORANDUM FOR THE PRIME MINISTER

RE: Fundamental Rights

Attached herewith is a copy of
British Columbia’s Human Rights Bill which
is being distributed at the request of that
province.

Henry F. Davis,
Special Adviser,
Privy Council Office.

Attach.

HON. MINISTER OF LABOUR

BILL

No. 30] [1969

An Act for the Promotion and Protection of the Funda-
mental Rights of the People of British Columbia

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts
as follows:–

1. This Act may be cited as the Human Rights Act.

2. In this Act, unless the context otherwise requires,

(a) “commercial unit” means a building or other structure or
part thereof used or occupied, or intended, arranged, or de-
signed 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;

(b) “commission” means the Human Rights Commission estab-
lished under this Act;

(c) “director ” means the officer of the Department of Labour
designated by the minister as the director for the purposes of
this Act;

(d) “employer ” includes every person, firm, corporation, agcnt,
rnuuager, representative, contractor, or sub-contractor having
control or direction of, or responsible, directly or indirectly,
for, the employment of any employee;

(e) “employers’ organization ” means an organization of employ-
ers formed for purposes that include the regulation of relations
between employers and employees;

(f) “employment agency” includes a person who undertakes,
with or without compensation, to procure employees for em-
ployers and a person who undertakes, with or without com-
pensation, to procure employment for persons;

(g)”establishment” means a place of business or the place where
an undertaking or a part thereof is carried on;

(h) ” minister ” means the Minister of Labour;

(i) ” pay ” means remuneration in any form;

(j) “person ” includes an employment agency, a trade union, and
an employers’ organization;

(k) “trade union” means an organization of employees formed
for purposes that include the regulation of relations between
employees and employers.

3. This Act does not apply to the employment or prospective em-
ployment of a domestic servant in a private home.

4. (1) No employer and no person acting on his behalf shall dis-
criminate between his male and female employees by paying a female
employee at a rate of pay less than the rate of pay paid to a male employee
employed by him for the same work or substantially the same work done
in the same establishment.

(2) A difference in the rate of pay between a female and a male
employee based on any factor other than sex does not constitute a failure
to comply with this section.

5. No employer shall refuse to employ, or refuse to continue to
employ, any person, or discriminate against any person in regard to
employment or any term or condition of employment,

(a) because of his race, religion, sex, colour, nationality, ancestry,
or place of origin; or

(b) because of his age, if the person has attained the age of forty-
five years and has not attained the age of sixty-five years; or

(c) because the employee has made a complaint under this Act or
has testi?ed, or is believed to be about to testify, in any pro-
ceedings relative to the enforcement of this Act;

but discrimination because of sex, where based on a bona fide occupa-
tional qualification, does not constitute a failure to comply with this
section.

6. No trade union shall exclude from membership or expel or suspend
any person or member, or discriminate against any person or member,

(a) because of his race, religion, sex, colour, nationality, ancestry,
or place of origin; or

(b) because of his age, if the person or member has attained the
age of forty-five years and has not attained the age of sixty-five
years; or

(c) because the person or member has made a complaint under
this Act or has testified, or is believed to be about to testify,
in any proceedings relative to the enforcement of this Act.

7. (1) No person shall use or circulate any form of application for
employment or publish or display, or cause or permit to be published
or displayed, any advertiseinent in connection with employment or make
any written or oral inquiry in connection with employment which ex-
presses, either directly or indirectly,

(a) any limitation, specification, or preference as to race, religion,
colour, nationality, ancestry, or place of origin of any person;
or

(b) any intent to

(i) dismiss from employment; or
(ii) refuse to employ or rehire; or
(iii) discriminate against

any person because of age, if the person has attained the age of
forty-five years and has not attained the age of sixty-five years.

(2) Subsection (1) does not apply to the expression of a limitation,
specification, or preference based on a bona fide occupational qualifica-
tion.

8. 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 accommodation,
services, or facilities available to the public in any place to
which the public is customarily admitted; or

(b) discriminate against any person or class of persons with respect
to the accommodation, services, or facilities available to the
public in any place to which the public is customarily admitted
because of the race, religion, colour, nationality, ancestry, or place of
origin of such person or class of persons, or of any other person or class
of persons.

9. 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 as
a tenant, owner, or purchaser any commercial unit or self-
contained dwelling unit that is advertised or otherwise in any
way represented as being available for occupancy by a tenant,
owner, or purchaser; or

(b) discriminate against any person or class of persons with respect
to any term or condition of the tenancy or purchase of any
commercial unit or any self-contained dwelling unit
because of the race, religion, colour, nationality, ancestry, or place of
origin of that person or class of persons.

10. (1) No person shall

(a) publish or display, or cause to be published or displayed; or
(b) permit to be published or displayed on lands or premises or
in a newspaper, through a television or radio-broadcasting
station, or by means of any other medium which he owns
or controls

any notice, sign, symbol, emblem, or other representation indicating
discrimination, or an intention to discriminate, against any person or any
class of persons for any purpose because of the race, religion, colour,
nationality, ancestry, or place of origin of that person or class of persons.

(2) Nothing in this section shall interfere with, restrict, or prohibit
the free expression of opinions upon any subject by speech or in writing.

11. (1) The provisions of sections 5, 6, and 7 relating to refusal,
discrimination, exclusion, expulsion, or suspension because of age, or
to expression of intent to dismiss, refuse to employ or rehire, or dis-
criminate, because of age do not apply to the

(a) termination of employment because of the terms or conditions
of any bona fide retirement or pension plan;

(b) operation of the terms or conditions of any bona fide retire-
ment or pension plan which have the effect of a minimum
service requirement;

(c) operation of the terms or conditions of any bona fide group or
employee insurance plan.

(2) The provisions ot sections 5, 7, and 8 do not apply to any
exclusively charitable, philanthropic, educational. fraternal, religious,
or social organization or corporation that is not operated for profit, or
to any organization that is operated primarily to foster the welfare of
a religious or racial group and is not operated for profit, but institutions
operating under the Public Schools Act are not exempted.

(3) Section 4 and the provisions of section 5 relating to discrimi-
nation because of sex do not apply to, supersede, or otherwise affect any
statute, by-law, rule, order, or regulation having the force and effect of
law which prohibits, restricts, or controls the employment of any person.

12. (1) The Lieutenant-Governor in Council may establish a com-
mission to be known as the “Human Rights Commission,” which
shall consist of a chairman and such number of other members as the
Lieutenant-Governor in Council may determine.

(2) The Lieutenant-Governor in Council shall appoint the chairman
and other members of the commission, at least one of whom shall be
female.

(3) In addition to the chairman and other members of the commis-
sion, the Lientenant-Govcmor in Council may appoint one or more vice-
chairmen to act in the place of the chairman during his absence for any
reason, and a person appointed vice-chairman is a member of the
commission.

(4) A majority of the members of the commission, including the
chairman or vice-chairman, is a quorum.

(5) A decision of the majority of the members of the commission
present and constituting a quorum shall be the decision of the commis-
sion; and if the votes are equal, the chairman, or in his absence the
vice-chairman, shall have a second or casting vote.

(6) The members of the commission shall be paid such remuneration
as may be fixed by the Lieutenant-Governor in Council and such actual
and reasonable expenses as may be incurred by them in the discharge
of their duties.

13. (1) The commission and each member thereof has the powers
of a commissioner under the Public Inquiries Act.

(2) The commission shall determine its own procedure, but shall on
every reference give the complainant and any other person or persons
whom the commission in its discretion dccitlcs is or are directly interested
in and ailected by the matter complained of opportunity to present
evidence and make representation.

(3) The commission may delegate to one or more of its members
any of the functions or duties of the commission.

(4) The commission may receive and accept whatever evidence and
information on oath, affidavit, or otherwise it, in its discretion, deems fit
and proper, whether admissible as evidence in a court of law or not.

(5) No order shall be made or process entered into or proceedings
taken in any court, whether by way of injunction, declaratory judgment,
certiorari, mandamus, prohibition, quo warranto, or otherwise, to ques-
tion the appointment of the commission, or to review, prohibit, or restrain
any of its proceedings.

14. (1) Every complaint under subsection (2) shall be in writing
on the form prescribed by the director, and shall be mailed or delivered
to him at his office.

(2) Where a person complains that

(a) she has been discriminated against contrary to subsection (1)
of section 4;

(b) he has been refused employment, discharged, or discriminated
against contrary to section 5;

(c) he has been excluded, expelled, suspended, or discriminated
against contrary to section 6;

(d) he has been denied accommodation, services, or facilities, or
discriminated against, contrary to section 8;

(e) he has been denied occupancy or discriminated against con-
trary to section 9; or

(f) any other contravention of this Act has taken place,
the director may inquire into the complaint or may appoint an officer of
the Department of Labour to inquire into the complaint.

(3) The director or the officer appointed under subsection (2), as
the case may be, shall inquire into the complaint and shall endeavour to
effect a settlement of the matter complained of.

(4) If the matter complained of is not settled under subsection (3),
the director may refer the matter to the commission.

(5) If, in the opinion of the commission, a complaint referred under
subsection (4) is without merit, the commission may dismiss the com-
plaint at any stage of proceedings.

(6) If, in the opinion of the commission, a person named in a corn-
plaint referred under subsection (4) has contravened any provision of
this Act, the commission

(a) shall make an order directing the person to cease the contra-
vention;

(b) may, in the same order or in a subsequent order, direct the
person to rectify the contravention; and

(c) may include in an order a direction

(i) that an employer employ or re-employ a person and
pay the person the sum equal to wages lost by reason of the
contravention; or

(ii) that a trade union include a person in membership
or reinstate him as a member,
and the order is final.

(7) If, after service of the order and after the expiration of fourteen
days from the date of the order or the date provided in the order for
compliance, whichever is the later, a person requests the commission to
file a copy of the order in a registry of the Supreme Court, the commis-
sion may file a copy of the order, and an order so filed is enforceable as
a judgment or order of that court.

15. The commission may, either by any member of the commis-
sion designated in writing by the chairman thereof or by any person
authorized in writing by the chairman or director,

(a) inspect and examine all books, payrolls, personnel records,
registers, notices, documents, and other records of any person
which in any way relate to

(i) the wages, hours of labour, or conditions of empIoy-
ment affecting any person;
(ii) membership of any person in or an application by
any person for membership in a trade union, or both;
(iii) the accommodation, services, or facilities available
in any place to which the public is customarily admitted; and
(iv) the occupancy of any commercial unit or self-con-
taincd dwelling unit;

(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 state-
ments, either orally or in writing, in whatever form is required,
respecting matters referred to in clause (a) and, in the discre-
tion of the member of the commission or person so authorized,
require the statements to be made by the person on oath or to
be verified by a statutory declaration;

(d) require any person to make full disclosure, production, or
delivery to the commission, or to the person so authorized, of
(i) all records, documents, statements, writings, books,
papers, extracts therefrom, or copies thereof 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 may be directed,
that may in any way relate to matters referred to in clause (a);

(e) make such examination and inquiry as may be necessary to
ascertain whether the provisions of this Act are complied with;

(f) exercise such other powers as may be necessary for carrying-
this Act and the regulations into effect;

(g) administer all oaths and take all affidavits and statutory declar-
ations required or authorized to be made under subsection (1),
and to summon any person to give evidence in connection with
any investigation, inquiry, or examination.

16. There may be employed, pursuant to the provisions of the Civil
Service Act, such ofiiccrs, clerks, and employees as are necessary for the
administration of this Act.

17. The Lieutenant-Governor in Council may make regulations as to
any matter or thing which appears to him necessary or advisable to the
effectual working of the provisions of this Act, and may therein or
thereby

(a) include a requirement that this Act or any provisions thereof
or other notices be posted in any place specified in the regula-
tions; and

(b) require that contracts designated or classified in the regulations
entered into and with

(i) Her Majesty in right of the Province or a member of
the Executive Council of British Columbia acting for and
on behalf of Her Majesty; and
(ii) a municipality in the Province; and
(iii) the board of school trustees of a school district in
the Province; and
(iv) the board of management of a hospital as defined in
the Hospilal Insurance Act
shall contain such provisions in such form and terms as the
Lieutenant-Governor in Council may provide, designed to
secure the observance, so far as possible, of the non-discrin1ina-
tion provisions of this Act.

18. The director shall

(a) promote the principle that every person is tree and equal in
dignity and rights without regard to race, religion, sex, colour,
nationality, ancestry, or place of origin;

(b) promote an understanding of, acceptance of, and compliance
with this Act;

(c) develop and conduct educational programmes designed to
eliminate discriminatory practices relating to race, religion,
sex, colour, nationality, ancestry, or place of origin; and

(d) make a report to the minister for the year ended on the previous
thirty-first day of December, which shall be included in the
annual rcport oi the Department of Labour, outlining activities
under this Act during the year.

19. (1) Every person who fails to comply with any provision of this
Act, or the regulations, or with any order made under this Act, is guilty
of an offence.

(2) If an employer is found guilty of a contravention of section 4,
the judge by whom he is found guilty, in addition to imposing any other
penalty, shall direct the employer to employ or re-employ the person and
to pay to that person a sum equal to his wages lost by reason of the
contravention.

(3) If a trade union is found guilty of a contravention of section 5,
the judge by whom the trade union is found guilty, in addition to impos-
ing any other penalty, shall direct the trade union to include in member-
ship or reinstate a member discriminated against contrary to section 5.

20. (1) Where a person has been convicted of a violation of this
Act, the director may apply by way of originating notice to a judge of
the Supreme Court for an order enjoining such person from continuing
such violation.

(2) The judge, in his discretion, may make such order, and the order
may be enforced in the same manner as any other order or judgment of
the Supreme Court.

21. Prosecutions for offences under this Act and complaints under
this Act shall not be commenced or received after six months after the
commission of the alleged offence.

22. A prosecution for an offence under this Act may be instituted
against a trade union or employers’ organization in the name of the trade
union or organization, and any act or thing done or omitted by an
officer, official, or agent of a trade union or employers’ organization within
the scope of his authority to act on behalf of the trade union or organiza-
tion shall be deemed to be an act or thing done or omitted by the trade
union or organization.

23. (1) An officer of the department shall not be required by any
person or any court to give evidence regarding information obtained by
him in the course of his duties under this Act.

(2) No member of the commission, nor the director, shall be required
by any court to give evidence relative to information obtained for the
purpose of this Act.

(3) No proceeding under this Act shall be deemed invalid by reason
of any defect in form or any technical irregularity.

24. The Equal Pay Act, being chapter 131 of the Revised Statutes of
British Columbia, 1960, the Fair Employment Practices Act, being
chapter 137 of the Revised Statutes of British Columbia, 1960, and the
Public Accomodation Practices Act, being chapter 50 of the Statutes
of British Columbia, 1961, are repealed.

25. This Act shall come into force on a day to be fixed by the
Lieutenant-Governor by his Proclamation.

Printed by A. SUTTON, Printer to the Queen’s Most Excellent Majesty
in right of the Province of British Columbia.
1969

EXPLANATORY NOTE

This proposed legislation would prohibit. discrimination between male and
female employees with rcspcct to remuneration, and discrimination with respect to
employment or membership in trade unions because of race, religion, sex, colour,
nationality, ancestry, or place of origin. The proposed Act would also contain
prohibitions with respect to the publication of advertisements or the making of
inquiries expressing limitations, specifications, or preferences as to race, religion,
colour, nationality, ancestry, or place of origin, or expressing any intention to
discriminate with respect to employment because of the age of employees. There
am also contained in this Bill provisions prohibiting discrimination with respect
to the occupancy and purchase of commercial premises and selfvcontained dwelling
units because of race, religion, colour, nationality, ancestry, or place of origin.

The Bill would provide for the cstablishnient of a Human Rights Commission,
and make detailed provision for the investigation of complaints by a director to
be appointed under the Act and by the Human Rights Commission. The director
would, in addition, have a duty to promote the principles of this Act.

Other sections in the Act make provision for enforcement.

(This statement is submitted by the Legislative Counsel
and is not part of the legislation.)