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Statutes of Newfoundland and Labrador 2006


CHAPTER 22

AN ACT TO AMEND THE HUMAN RIGHTS CODE

(Assented to May 26, 2006)

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 Amdt.
Interpretation

        3.   S.6 Amdt.
Right of the public to services

        4.   S.7 R&S
Right to occupy commercial and dwelling units

        5.   S.8 R&S
Harassment of occupant prohibited

        6.   S.9 Amdt.
Discrimination in Employment

        7.   Ss.12, 14, 18 and 19 Amdt.
12.   Harassment in
        establishment
        prohibited
14.   Discriminatory
        publications
18.
   Functions of
        commission

        8.   S.20 Amdt.
Complaints

        9.   RSNL1990 cW-11 Amdt.

      10.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-14 as amended

        1. (1) Section 2 of the Human Rights Code is amended by adding immediately after paragraph (e) the following:

          (e.1)  "family status" means the status of being in a parent and child relationship and, for the purpose of this paragraph, "child" includes an adopted child and "parent" includes an adoptive parent;

             (2)  Section 2 of the Act is amended by striking out the word "and" at the end of paragraph (m) and by adding immediately after that paragraph the following:

         (m.1)  "source of income" means the receipt of income or employment support under the Income and Employment Support Act; and

 

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 Subsection 4(2) of the Act is repealed.

 

        3. (1) Subsection 6(1) of the Act is amended by adding immediately after the words and comma "marital status," the words and commas "family status, age,".

             (2)  Section 6 of the Act is amended by adding immediately after subsection (4) the following:

          (4.1)  Nothing in subsection (1) shall prevent the denial or refusal of accommodation, services, facilities or goods to a person who has not attained the age of majority if the denial or refusal is required or authorized by another Act.

 

        4. Section 7 of the Act is repealed and the following substituted:

Right to occupy commercial and dwelling units

        7. (1) A person, directly or indirectly, alone or with another, by himself or herself or by the interposition of another, shall not

             (a)  deny to a person or class of persons occupancy of a commercial unit or a self-contained dwelling unit; or

             (b)  discriminate against a person or class of persons with respect to a term or condition of occupancy of a commercial unit or a self-contained dwelling unit

by reason only of the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, family status, age, source of income, physical disability or mental disability of that person or class of persons.

             (2)  Notwithstanding subsection (1), a limitation, specification, exclusion, denial or preference because of physical or mental disability shall be permitted if that limitation, specification, exclusion, denial or preference is based upon a good faith qualification as determined by the commission.

             (3)  Nothing in subsection (1) prevents a landlord from using income information, credit checks, credit references, rental history, guarantees or other similar business practices in selecting prospective occupants.

             (4)  The provisions of subsection (1), as subsection (1) relates to age and family status, shall not apply to the renting or leasing, the offering for rent or lease, or the advertising for rent or lease of a commercial unit or self-contained dwelling unit, where the unit is a rental unit in premises in which every rental unit is reserved for rental to a person who has reached the age or 55 years, or to 2 or more persons, at least one of whom has reached the age of 55.

 

        5. Section 8 of the Act is repealed and the following substituted:

Harassment of occupant prohibited

        8. A person, directly or indirectly, alone or with another, by himself or herself only or by the interposition of another, shall not harass a person or class of persons who is an occupant of a commercial unit or a self-contained dwelling unit because of the race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, family status, age, source of income, physical disability or mental disability of that person or class of persons.

 

        6. (1) Paragraphs 9(1)(a), 9(3)(a) and 9(4)(a) of the Act are amended by adding immediately after the words and comma "marital status,", wherever they occur, the words and comma "family status,".

             (2)  Paragraphs 9(1)(b), 9(3)(b) and 9(4)(b) of the Act are amended by striking out the words and number "and has not reached the age of 65 years" wherever they occur.

             (3)  Subsection 9(2) of the Act is repealed and the following substituted:

             (2)  An employer, or a person acting on behalf of an employer, shall not use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against a person seeking employment because of his or her race, religion, religious creed, political opinion, colour or ethnic, national or social origin, sex, sexual orientation, marital status, family status, physical disability or mental disability, or age, where the person has reached the age of 19 years.

 

        7. Sections 12, 14 and 18 and subsection 19(1) of the Act are amended by adding immediately after the words and comma "marital status", wherever they occur, the words and commas "family status, age,".

 

        8. Subsection 20(2) of the Act is amended by striking out the number "6" where it twice occurs and substituting the number "12".

RSNL1990 cW-11 Amdt.

        9. The Workplace Health, Safety and Compensation Act is amended by adding immediately after section 2 the following:

Human Rights Code

   2.01 (1) A provision of this Act or the regulations, or a decision or policy made under this Act or the regulations, that requires or authorizes a distinction because of age shall apply notwithstanding sections 5, 6 and 9 of the Human Rights Code.

             (2)  Subsection (1) applies, with the necessary changes, to a predecessor to this Act or the regulations or a decision or policy made under that Act or regulation.

             (3)  Subsections (1) and (2) apply notwithstanding that the facts in respect of which the requirement or distinction is made occurred before the day on which this section comes into force.

Commencement

      10. Subsection 6(2) of this Act shall come into force on the first anniversary of the date on which this Act receives the Royal Assent.