Explanatory Note

This Bill amends the Human Rights Code R.S.B.C. 1996, c. 210 by restoring the British Columbia Human Rights Commission.

BILL M 213 – 2007
HUMAN RIGHTS CODE AMENDMENT ACT (No. 2), 2007

Preamble

WHEREAS the recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world;

WHEREAS Canada has, in the Charter of the United Nations, affirmed its faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and has determined to promote social progress and better standards of life in larger freedom;

WHEREAS Canada has pledged itself to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms;

WHEREAS Canada has, in consultation with the provinces, confirmed this pledge by ratifying international treaties relating to human rights, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Convention on the Rights of the Child;

WHEREAS the Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights ('Paris Principles') have been adopted by the international community to govern the effective implementation of human rights through national human rights institutions;

WHEREAS the Paris Principles have been endorsed by the United Nations Human Rights Commission and General Assembly, and have been ratified by Canada;

WHEREAS the importance of national human rights institutions for the promotion and protection of human rights has been repeatedly affirmed by the World Conference on Human Rights, the Canadian Association of Statutory Human Rights Agencies, the Secretary General of the United Nations, and numerous United Nations bodies, including the Office of the High Commissioner for Human Rights, the Economic and Social Council, the Human Rights Committee, the Committee on Economic and Social Rights, the Committee Against Torture, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination Against Women, and the Committee on the Elimination of Racial Discrimination;

WHEREAS in Canada, national human rights institutions take the form of federal, provincial and territorial human rights commissions;

WHEREAS the system for administering human rights in the Province of British Columbia is inconsistent with the Paris Principles;

AND WHEREAS British Columbia stands as the only province in Canada without a human rights commission;

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

1 Section 1 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended by adding the following definitions:

"advisory council" means the Human Rights Advisory Council established under section 20;

"chief commissioner" means the Chief Commissioner appointed under section 15;

"commission" means the British Columbia Human Rights Commission established under section 15;

"human rights officer" means a person designated as a human rights officer under section 18.1;

"inquiries and dispute settlement branch" means the Inquiries and Dispute Settlement branch of the commission;

"public interest investigation" means an investigation conducted under section 18.1;

"public interest investigation and litigation branch" means the Public Interest Investigation and Litigation branch of the commission; and

"research, education and outreach branch" means the Research, Education and Outreach branch of the commission.

2 Section 3 is amended by adding the following subsections:

(f) to monitor progress in achieving equality in British Columbia;

(g) to create mechanisms for providing the information, education and advice necessary to achieve the purposes set out in paragraphs (a) to (f).

3 Sections 5 and 6 are repealed and replaced with the following:

Education and information programs

5 The commission is responsible for developing and conducting a program of public education and information designed to promote an understanding and acceptance of this Code.

Research and public consultations

6 The commission may

(a) conduct or encourage research into matters relevant to this Code; and

(b) hold public hearings and consultations regarding matters relevant to this Code.

4 The Human Rights Code, R.S.B.C. 1996, c. 210 is amended by adding the following sections:

Human Rights Commission

15 (1) The British Columbia Human Rights Commission is established to fulfill the functions and responsibilities given to it under this Code.

(2) The commission consists of the

(a) Research, Education and Outreach branch,

(b) Public Interest Investigation and Litigation branch, and

(c) Inquiries and Dispute Settlement branch.

(3) On the recommendation of the Legislative Assembly, the Lieutenant Governor in Council must appoint as the Chief Commissioner a person who has been unanimously recommended for the appointment by a special committee of the Legislative Assembly.

(4) The chief commissioner is

(a) appointed as an officer of the Legislature for a term of 5 years;

(b) the chief executive officer of the commission and must

(i) supervise and direct the work of the commission,

(ii) preside at meetings of the commission.

(5) Employees necessary to carry out the functions and responsibilities of the commission may be appointed under the Public Service Act to work in the

(a) research, education and outreach branch;

(b) public interest investigation and litigation branch;

(c) inquiries and dispute settlement branch; or

(d) office of the chief commissioner.

Functions of the commission

16 The functions of the commission include

(a) forwarding the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination contrary to law;

(b) acting as a source of human rights information and advice for the government and the people of British Columbia;

(c) creating a human rights culture in the province by assisting in educating public opinion and promoting awareness and respect for human rights;

(d) independently monitoring compliance with international human rights law and contributing to the development of domestic human rights law;

(e) cooperating with other domestic and international agencies, organizations, groups or persons to promote and protect human rights.

Responsibilities of the research, education and outreach branch

17.1 It is the responsibility of the research, education and outreach branch to

(a) develop and conduct a program of public education and information designed to promote an understanding and acceptance of this Code;

(b) conduct or encourage research into matters relevant to this Code;

(c) hold public hearings and consultations regarding matters relevant to this Code;

(d) examine and review any statute or regulation, and any program or policy made by or under a statute and provide opinions, recommendations, proposals and reports on any provision, program or policy that, in its opinion is inconsistent with the purposes of this Code or international human rights law;

(e) draw government attention to situations in any part of the province where human rights are violated;

(f) promote, assist and encourage public, municipal or private agencies, organizations, group or persons to engage in programs to alleviate tensions and conflicts based upon identification by a prohibited or analogous ground of discrimination.

Responsibilities of the public interest investigation and litigation branch

17.2 It is the responsibility of the public interest investigation and litigation branch to

(a) inquire into incidents of and conditions leading or tending to lead to tension or conflict based upon identification by a prohibited or analogous ground of discrimination;

(b) initiate investigations into problems based upon identification by a prohibited or analogous ground of discrimination that may arise in a community;

(c) file or intervene in complaints before the tribunal if it is in the public interest to do so;

(d) intervene in human rights matters before the courts if it is in the public interest to do so.

Responsibilities of the inquiries and dispute settlement branch

17.3 It is the responsibility of the inquiries and dispute settlement branch to

(a) provide information and summary advice to individuals and groups in relation to human rights matters, such as

(i) jurisdictional issues;

(ii) limitation periods;

(iii) questions about discrimination and the Code;

(iv) the human rights complaint process, including forms to be completed and documents required;

(v) mediation and other dispute resolution processes for settling human rights matters;

(b) receive initial inquiries from potential complainants and provide both information and summary advice as to how to proceed, including advising potential complainants that

(i) the tribunal may be accessed directly by filing a complaint;

(ii) they may obtain legal assistance to initiate, file and pursue a complaint.

(c) where appropriate and if requested,

(i) assist the potential parties to a complaint to engage in mediation or other dispute resolution processes to achieve a settlement; and

(ii) mediate or otherwise facilitate those processes.

Public interest investigations

18.1 (1) The chief commissioner may designate an employee appointed under section 15 (5) (b) as a human rights officer for the purpose of conducting public interest investigations.

(2) Where necessary for the fulfillment of its functions and responsibilities, the public interest investigation and litigation branch must assign a human rights officer to conduct a public interest investigation.

Powers of investigation

18.2 (1) For the purpose of conducting a public interest investigation, a human rights officer may

(a) require the production of books, documents, correspondence or other records that relate or may relate to the investigation, and

(b) make any inquiry relating to the investigation, in writing or orally.

(2) If a person refuses to

(a) comply with a demand under subsection (1) (a) for the production of books, documents, correspondence or other records, or

(b) respond to an inquiry made under subsection (1) (b),

the public interest investigation and litigation branch or a human rights officer may apply to the Supreme Court for an order requiring the person to comply with the demand or respond to the inquiry.

(3) A judge of the Supreme Court, on application under subsection (2), may

(a) make an order requiring a person to

(i) produce a book, document, correspondence or other record to a human rights officer under subsection (1) (a), or

(ii) respond to an inquiry made under subsection (1) (b), and

(b) make any other order that the judge considers necessary to enforce the demand or inquiry under subsection (1).

(4) For the purpose of conducting a public interest investigation, a human rights officer may, with the consent of the owner or occupier, enter and inspect any premises that in the opinion of the human rights officer may provide information relating to the investigation.

(5) A person exercising a power of entry under subsection (4) must, on request, produce identification and give reasons for requiring entry to the premises.

(6) If consent to enter any premises is withheld by the owner or occupier under subsection (4), a human rights officer must not enter the premises unless authorized by a warrant under subsection (7).

(7) A justice, if satisfied by information on oath or affirmation that access to any premises is necessary for the purposes of a public interest investigation, may issue a warrant authorizing a person named in the warrant to enter and inspect those premises.

(8) If a justice is satisfied by information, on oath or affirmation, that there are in a place books, documents, correspondence or other records that there are reasonable and probable grounds to believe will afford evidence relevant to a public interest investigation, the justice may issue a warrant authorizing a person named in the warrant to

(a) search the place for those books, documents, correspondence or records, and

(b) remove those books, documents, correspondence or records for the purpose of making copies of them.

(9) If books, documents, correspondence or other records are produced under subsection (1) (a) or removed under subsection (8) (b), a human rights officer must

(a) copy the books, documents, correspondence or records as quickly as possible, and

(b) promptly return the books, documents, correspondence or records to the person who produced them or to the place from which they were removed.

Annual report

19.1 (1) As soon as practicable after the end of the fiscal year of the government, the chief commissioner must submit to the Speaker of the Legislative Assembly an annual report on the activities of the commission.

(2) The Speaker must promptly lay the report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, within 15 days after the beginning of the next session.

Special reports

19.2 (1) The chief commissioner may submit a special report to the Speaker of the Legislative Assembly concerning any matter regarding human rights in British Columbia that the chief commissioner considers to be of such urgency or importance that it cannot be deferred until the next annual report under section 19.1.

(2) The Speaker must promptly lay the special report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, within 15 days after the beginning of the next session.

Human Rights Advisory Council

20 (1) The Human Rights Advisory Council is established consisting of at least 7 and not more than 11 members appointed by the Lieutenant Governor in Council for a term set by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council must designate one of the members as chair of the advisory council to preside at meetings of the council.

(3) The role of the advisory council is to

(a) inform the public about the work of the commission,

(b) ensure that the concerns of the public are brought to the attention of the commission, and

(c) advise the commission on matters relevant to the administration of this Code.

(4) The advisory council must not provide advice under subsection (3) (b) or (c) concerning a specific complaint before the tribunal.

(5) A member of the advisory council may be paid remuneration set by the Lieutenant Governor in Council.

(6) A member of the advisory council is to be reimbursed for reasonable traveling expenses necessarily incurred in discharging the member's duties.

5 Section 21 is amended by

(a) adding the following subsections:

(2) The public interest investigation and litigation branch may file a complaint under subsection (1) if it is in the public interest to do so.

(3) The chief commissioner may require the tribunal to add the public interest investigation and litigation branch as a party to a complaint. , and

(b) by repealing subsection (6) and substituting the following:

(6) Copies of all documents, forms and materials received by a member or panel in relation to a complaint filed under subsection (1) must be forwarded immediately to the public interest investigation and litigation branch.

(7) A member or panel may proceed with 2 or more complaints together if a member or panel is satisfied that it is fair and reasonable in the circumstances to do so.

6 Section 22.1 is repealed and replaced with the following:

Intervenors

22.1 (1) A member or panel may, at any time after the complaint is filed and on the terms specified by the member or panel, allow any person or group of persons to intervene in the complaint, whether or not that person or group would be affected by an order made by the member or panel under section 37.

(2) Written notice of an intervention under subsection (1), and copies of all documents, forms and materials received by a member or panel in relation to that intervention, must be forwarded immediately to the public interest investigation and litigation branch.

7 Section 25 is amended by adding the following subsection:

(3) Written notice of a deferral under subsection (2) must be forwarded immediately to the public interest investigation and litigation branch.

8 Section 27(2) is repealed and replaced with the following:

(2) If a member or panel dismisses a complaint or part of a complaint under subsection (1), that member or panel must inform the public interest investigation and litigation branch and the following persons of the decision in writing and give reasons for the decision:

(a) the complainant;

(b) the person against whom the complaint was made, if that person had been given notice of the complaint;

(c) any other party;

(d) an intervenor.

9 Section 27.5 is repealed and replaced with the following:

Dismissal for failure to pursue complaint

27.5 (1) If, under the rules, a party has been given notice requiring the party to diligently pursue a complaint and the party fails to act on the notice within the time allowed, then on the request of another party or on its own initiative, a member or panel may dismiss the complaint.

(2) Written notice of a dismissal under subsection (1) must be forwarded immediately to the public interest investigation and litigation branch.

10 Section 27.6 is repealed and replaced with the following:

Assisting parties to settle

27.6 (1) A member or a person appointed, engaged or retained under section 33 may assist the parties to a complaint, through mediation or any other dispute resolution process, to achieve a settlement.

(2) Written notice of a settlement achieved under subsection (1), and the terms of the settlement agreement, must be forwarded immediately to the public interest investigation and litigation branch.

11 Section 37 is amended by repealing and replacing the following subsection:

(6) The member or panel must inform the parties, the public interest investigation and litigation branch and any intervenor in writing of the decision made under this section and give reasons for the decision.

12 Section 38 is amended by adding the following subsection:

(4) The member or panel must inform the public interest investigation and litigation branch in writing of a decision to vary or rescind an order under subsection (2) and give reasons for the decision.

13 Section 40 is repealed and replaced with the following:

Disclosure

40 (1) A member or employee of the commission must not be required in any proceedings or otherwise, except before the tribunal or in a judicial review concerning a complaint,

(a) to give evidence, or

(b) to produce records

relating to information obtained or a communication received concerning a complaint.

(2) A member or any person appointed, engaged or retained under section 33 must not be required in any proceedings or otherwise, except in a judicial review concerning a complaint,

(a) to give evidence, or

(b) to produce records

relating to information obtained or a communication received concerning a complaint.

(3) Any information received by any person in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed or admitted in evidence except with the consent of the person who gave the information.

(4) The Freedom of Information and Protection of Privacy Act, other than section 44 (2) and (3), does not apply to information referred to in subsection (3).

(6) Subsection (4) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.

14 Section 42 is amended by

(a) adding the following:

(2) The commission may

(a) make general recommendations concerning desirable objectives for, and

(b) on application, give advice and assistance regarding the adoption or carrying out of

employment equity programs or other special programs or activities that have as their objective the amelioration of conditions of disadvantaged individuals or groups. , and

(b) repealing and replacing the following subsection:

(3) The chief commissioner may approve any program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups.

Consequential Amendment

Freedom of Information and Protection of Privacy Act

15 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 is amended by adding the following:

 
Explanatory Note

This Bill amends the Human Rights Code R.S.B.C. 1996, c. 210 by restoring the British Columbia Human Rights Commission.