The Saskatchewan Human Rights Commission Act

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1 The Saskatchewan Human Rights Commission Act UNEDITED being Chapter S-25 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Commission 4 Director of Human Rights 5 Power of commission to appoint or employ employees 6 Application of Public Service Superannuation Act to employees of commission 7 Duties of commission 8 Same 9 Complaints 10 Formal inquiry by commission 11 Quorum of commission, etc. 12 Appeal 13 Order to be complied with 14 Offence and penalty 15 Non-liability for bona fide acts, etc. 16 Crown bound 17 Appropriation

3 CHAPTER S-25 An Act to establish The Saskatchewan Human Rights Commission. Short title 1 This Act may be cited as The Saskatchewan Human Rights Commission Act. R.S.S. 1978, c.s-25, s.1. Interpretation 2 In this Act: commission (a) commission means The Saskatchewan Human Rights Commission established by section 3; creed (b) creed means religious creed; minister (c) minister means the member of the Executive Council to whom for the time being is assigned the administration of this Act. 1972, c.108, s.2; R.S.S. 1978, c.s-25, s.2. Commission 3(1) The Saskatchewan Human Rights Commission, which shall consist of not less than three members appointed by the Lieutenant Governor in Council, is hereby continued. (2) Each member of the commission shall be appointed for a term of five years and shall hold office until his successor is appointed and may be reappointed from time to time for further terms of five years each. (3) The Lieutenant Governor in Council may designate one of the members of the commission as chairman and one other mem ber as vice-chairman. (4) The Lieutenant Governor in Council may fill any vacancy in the membership of the commission. (5) The members of the commission shall receive such remuneration for their services and allowances for travelling and other expenses as the Lieutenant Governor in Council may deter mine. 1972, c.108, s.3; 1973, c.94, s.2; R.S.S. 1978, c.s-25, s.3. Director of Human Rights 4(1) The Lieutenant Governor in Council may appoint a per son as The Director of Human Rights who shall be the chief execu tive officer of and secretary to the commission. (2) The Director of Human Rights shall receive such remunera tion for his services and allowances for travelling and other expenses as may be determined by the Lieutenant Governor in Council. 1972, c.108, s.4; R.S.S. 1978, c.s-25, s.4.

4 4 c. S-25 HUMAN RIGHTS COMMISSION Power of commission to appoint or employ employees 5 The commission may appoint or employ such officers, clerks and other employees as are required for the proper conduct of the business of the commission and may determine their duties, powers, conditions of employment and remuneration. 1972, c.108, s.5; R.S.S. 1978, c.s-25, s.5. Application of Public Service Superannuation Act to employees of commission 6 The Public Service Superannuation Act applies to The Director of Human Rights and to the persons appointed or employed by the commission under section , c.108, s.6; R.S.S. 1978, c.s-25, s.6. Duties of commission 7 The commission shall: (a) forward the principle that every person is free and equal in dignity and rights without regard to race, creed, religion, colour, sex, nationality, ancestry or place of origin; (b) promote an understanding of, acceptance of and compliance with this Act and the Acts administered by it; (c) develop and conduct educational programs designed to eliminate discriminatory practices related to race, creed, religion, colour, sex, nationality, ancestry or place of origin; (d) disseminate information and promote understanding of the legal rights of residents of the province and conduct educational programs in that respect; (e) further the principle of the equality of opportunities for persons, and equality in the exercise of the legal rights of persons, regardless of their status; (f) conduct and encourage research by persons and associ ations actively engaged in the field of promoting human rights; (g) forward the principle that cultural diversity is a basic human right and a fundamental human value. 1972, c.108, s.7; R.S.S. 1978, c.s-25, s.7. Same 8 Subject to the direction of the minister the commission shall administer the following Acts: (a) The Saskatchewan Bill of Rights Act; (b) The Fair Accommodation Practices Act; (c) The Fair Employment Practices Act; and (d) such other Acts as are assigned by the Lieutenant Gover nor in Council to be administered by it under the direction of the minister. 1972, c.108, s.8; R.S.S. 1978, c.s-25, s.8.

5 HUMAN RIGHTS COMMISSION c. S-25 5 Complaints 9(1) The commission itself or through any person designated by the commission to do so shall inquire into the complaint of any person that an infringement of or any attempt to infringe a right under an Act administered by the commission, or a contravention or alleged contravention of some provision of one of those Acts, has taken place and it shall endeavour to effect a settlement of the matter complained of. (2) A complaint under subsection (1) may be made to the com mission orally or by writing. (3) The commission or the person designated by the commission to inquire into a complaint may, at all reasonable times, for the purpose of the inquiry, demand the production of and inspect all or any of the books, documents, correspondence or records of the per son whose conduct is the subject of the complaint. 1972, c.108, s.9; R.S.S. 1978, c.s-25, s.9. Formal inquiry by commission 10(1) If the commission or the person conducting the inquiry on behalf of the commission is unable to effect a settlement of the matter complained of, the commission shall report thereon to the minister and in its discretion may direct a formal inquiry into the complaint to hear and decide the matter or, in the absence of such a direction, the minister may direct such a formal inquiry. (2) Where a formal inquiry is directed into a complaint the com mission shall notify the parties of the time and place of the hearing and where the inquiry has been directed by the minister the com mission shall also notify the parties of the minister s direction and thereupon it shall be presumed conclusively that the commission was so directed to inquire into the complaint and no order shall be made or process entered or proceeding taken in any court, whether by way of certiorari, mandamus, prohibition, injunction or other proceeding whatever, to question the direction to the commission or to review, prohibit or restrain any of its proceedings. (3) Subject to subsection (4), the commission may determine its own procedure and may receive and accept such evidence and information on oath, affidavit or otherwise as in its discretion it deems fit and proper, whether admissible as evidence in a court of law or not, and the commission and each member thereof have all the powers conferred upon commissioners by sections 3 and 4 of The Public Inquiries Act. (4) The oral evidence taken before the commission on a formal inquiry shall be recorded. (5) Immediately after a direction under subsection (1) to conduct an inquiry, the commission shall inquire into the matters com plained of and shall give full opportunity to all parties to present evidence and make representations and, in the case of a matter involved in the complaint in which settlement is not effected in the meantime, if it finds that the complaint is supported by the evi dence may order any party who has contravened any Act administered by the commission to do any act or thing that in the opinion of the commission constitutes full compliance with such provision and to rectify any injury caused to any person or to make compensation therefor. 1972, c.108, s.10; 1973, c.94, s.3; R.S.S. 1978, c.s-25, s.10.

6 6 c. S-25 HUMAN RIGHTS COMMISSION Quorum of commission, etc. 11(1) A majority of the members of the commission is a quorum. (2) A decision of the majority of the members of the commis sion present and constituting a quorum shall be the decision of the commission and in the event of an equality of votes on any matter the chairman or, in the absence or inability to act of the chairman, the vice-chairman has a casting vote. 1973, c.94, s.4; R.S.S. 1978, c.s-25, s.11. Appeal 12(1) Any party to a formal inquiry before the commission may appeal from the decision or order of the commission to a judge of the Court of Queen s Bench. (2) If a person proposes to appeal under subsection (1) he shall, within thirty days after the decision or order of the commission from which he proposes to appeal, serve on the commission a notice of motion in accordance with the rules of the Court of Queen s Bench to vary or set aside the decision or order. (3) Where notice of an appeal is served under this section, the commission shall forthwith file in the office of the local registrar of the Court of Queen s Bench the record of the proceedings before it in which the decision or order appealed from was made which, together with a transcript of the oral evidence taken before the commission if it is not part of the record of the commission, shall constitute the record in the appeal. (4) A judge may direct that notice of the appeal be served on such persons other than the commission as he deems advisable. (5) The minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. (6) An appeal under this section may be made on a question of law or fact or both and the judge may affirm or reverse the decision or order of the commission or direct the commission to make any decision or order that the commission is authorized to make under this Act and the judge may substitute his opinion for that of the commission. (7) There shall be no appeal from an order or decision of the judge of the Court of Queen s Bench under this section. 1972, c.108, s.11; R.S.S. 1978, c.s-25, s.12. Order to be complied with 13 Every person in respect of whom an order is made under sec tion 10 or 11 shall comply with the order. 1972, c.108, s.12; R.S.S. 1978, c.s-25, s.13. Offence and penalty 14(1) Every person who contravenes or fails to comply with a final order under section 10 or 12 is guilty of an offence and liable on summary conviction: (a) if an individual, to a fine of not less than $100 or more than $500 and in default of payment to imprisonment for not less than ten days or more than thirty days; (b) if a corporation or other legal entity, to a fine of not less than $400 or more than $2,000.

7 HUMAN RIGHTS COMMISSION c. S-25 7 (2) For the purpose of this section a trade union or an employers organization as defined in The Fair Employment Practices Act shall be deemed to be a legal entity and any act or thing done or omitted to be done by an officer or agent of a trade union or an employers organization who is acting within the scope of his authority on behalf of the trade union or organization shall be deemed to be an act or thing done or omitted to be done by the trade union or employers organization, as the case may be. 1972, c.108, s.13; R.S.S. 1978, c.s-25, s.14. Non-liability for bona fide acts, etc. 15 Neither the minister, nor the commission nor a member of the commission nor The Director of Human Rights nor a person designated by the commission to inquire into a complaint under this Act shall be liable for any loss or damage suffered by any per son by reason of anything in good faith done, or omitted to be done, pursuant to or in the exercise or supposed exercise of the powers conferred by this Act. 1972, c.108, s.14; , c.81, s.6; R.S.S. 1978, c.s-25, s.15. Crown bound 16 This Act binds the Crown and every servant and agent of the Crown. 1973, c.94, s.5; R.S.S. 1978, c.s-25, s.16. Appropriation 17 Sums required for the purposes of this Act may be paid out of moneys appropriated by the Legislature for the purpose. 1972, c.108, s.15; R.S.S. 1978, c.s-25, s.17.

8 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012

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