Legislative Assembly of New Brunswick
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An Act to Amend the Human Rights Act

Legislature :
55
Session :
2
Bill No. :
62
Member :
Hon. Blaney
First Reading :
2005-6-2
Second Reading :
2005-6-3
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 62

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 3 of the Human Rights Act, chapter H-11 of the Revised Statutes, 1973, is amended



(a)               by repealing subsection (5);



(b)               in subsection (6)



(i)         by repealing paragraph (a);



(ii)       in paragraph (b) by striking out "or" at the end of the paragraph;



(iii)    by adding after paragraph (b) the following:



(b.1)          the operation of the terms or conditions of any bona fide voluntary early retirement plan; or



(c)               by repealing subsection (7) and substituting the following:



3(7)                   The provisions of subsections (1), (2), (3) and (4) as to physical disability and mental disability do not apply to the operation of the terms or conditions of any bona fide group or employee insurance plan.



2                           Subsection 4(4) of the Act is repealed.



3                           Subsection 5(2) of the Act is repealed.



4                           Subsection 6(3) of the Act is repealed.



5                           Section 7.01 of the French version of the Act is amended by striking out "un Loi de la Législature" and substituting "une Loi de la Législature".



6                           The Act is amended by adding after section 7.01 the following:



7.02                  Despite any provision of this Act, a limitation, specification, exclusion, denial or preference because of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity that is based on a bona fide qualification shall be permitted.



7                           Section 10 of the Act is amended



(a)               by adding after subsection (3) the following:



10(3.1)          The members of the Commission shall hold office for a term to be determined by the Lieutenant-Governor in Council and are eligible for reappointment.



(b)               in subsection (4) of the English version by striking out "chairperson" and substituting "Chair";



(c)               by adding after subsection (4) the following:



10(4.1)          The Lieutenant-Governor in Council may designate one or two members as Vice-Chairs.



10(4.2)          If one member is designated as Vice-Chair, he or she shall act in the place of the Chair if the Chair is unable to act for any reason.



10(4.3)          If two members are designated as Vice-Chairs and the Chair is unable to act for any reason, the Chair shall designate the Vice-Chair to act in his or her place.



10(4.4)          If the Chair is unable to make the designation under subsection (4.3), the Lieutenant-Governor in Council shall designate which Vice-Chair shall act in place of the Chair.



(d)               by striking out subsection (5).



8                           The Act is amended by adding after section 10 the following:



10.1                  The Chair, Vice-Chair and other members of the Commission shall be paid the remuneration or allowances fixed by the Lieutenant-Governor in Council and shall be reimbursed for expenses incurred in the performance of their duties at a rate to be fixed by the Lieutenant-Governor in Council.



10.2                  Despite subsection 10(3.1) and subject to section 10.3, a member of the Commission remains in office until the member resigns or is reappointed or replaced.



10.3                  The appointment of any member of the Commission may be terminated for cause by the Lieutenant-Governor in Council before the expiry of the member's term.



10.4(1)          If a vacancy occurs on the Commission, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the Chair, a Vice-Chair or other member replaced.



10.4(2)          If a member of the Commission is unable to act due to the temporary absence, illness or incapacity of the member, the Lieutenant-Governor in Council may appoint a substitute for the member for the period of the temporary absence, illness or incapacity.



10.4(3)          A vacancy on the Commission does not impair the capacity of the Commission to act if a quorum is maintained.



10.5                  Three members of the Commission constitute a quorum.



9                           Section 20 of the English version of the Act is amended



(a)               in subsection (2) by striking out "chairperson thereof" and substituting "Chair";



(b)               in subsection (5) by striking out "chairperson" and substituting "Chair";



(c)               in subsection (7) by striking out "chairperson" and substituting "Chair".



10                        Subsection 21(2) of the Act is repealed and the following is substituted:



21(2)               The Minister or the Commission may publish any order, decision or statement of reasons of a Board of Inquiry in such manner as the Minister or the Commission sees fit.



11                        Subparagraph 1(b)(i) of this Act comes into force on a date to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)               The existing provision is as follows:



3(5)                   Notwithstanding 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, political belief or activity shall be permitted if such limitation, specification or preference is based upon a bona fide occupational qualification as determined by the Commission.



(b)               The existing provision is as follows:



3(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 any bona fide retirement or pension plan that have the effect of a minimum service requirement; or



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



(c)                The existing provision is as follows:



3(7)                   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 any bona fide group or employee insurance plan.



Section 2



The existing provision is as follows:



4(4)                   Notwithstanding 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 such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.



Section 3



The existing provision is as follows:



5(2)                   Notwithstanding 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 such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.



Section 4



The existing provision is as follows:



6(3)                   Notwithstanding 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 such limitation, specification, exclusion, denial or preference is based upon a bona fide qualification as determined by the Commission.



Section 5



A correction is made to the French version.



Section 6



New provision.



Section 7



(a)               New provision.



(b)               The existing provision is as follows:



10(4)               The Lieutenant-Governor in Council may designate one of the members as chairperson.



(c)                New provisions.



(d)               The existing provision is as follows:



10(5)               The Lieutenant-Governor in Council may fix the remuneration of the members of the Commission.



Section 8



New provisions.



Section 9



(a)               The existing provision is as follows:



20(2)               If the Board of Inquiry is composed of more than one member, the Minister shall appoint a member to be chairperson thereof.



(b)               The existing provision is as follows:



20(5)               If the Board is composed of more than one person, 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 chairperson is the decision of the Board.



(c)                The existing provision is as follows:



20(7)               The Lieutenant-Governor in Council may determine the rate of remuneration of the chairperson and members of the Board of Inquiry appointed under this section.



Section 10



The existing provision is as follows:



21(2)               The Minister may publish any order, decision or statement of reasons of a Board of Inquiry in such manner as he sees fit.



Section 11



Commencement provision.

 

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