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Shofar FTP Archive File: orgs/canadian/legislation/bc/human-rights-act.sec17


Archive/File: orgs/canadian/human-rights/bc human-rights-act.sec17

                            HUMAN RIGHTS ACT

17. (1) Where a board of inquiry considers that a complaint is not
        justified, it shall dismiss the complaint.

    (2) Where a board of inquiry considers that a complaint is
        justified, it
    
	(a) shall order the person who contravened this Act to cease
	    the contravention and to refrain from committing the same
	    or a similar contravention,

        (b) may make a declaratory order that conduct of the type
	    complained of, or similar conduct, is discrimination
	    contrary to the Act,

        (c) may order the person who contravened this Act to do one or
	    both of the following:

		(i) take steps, specified in the order, to ameliorate
                    the effects of the discriminatory practice;

               (ii) adopt and implement an employment equity program
		    or other special program if the evidence at the
		    hearing has disclosed that the person engaged in a
		    pattern or practice that contravened this Act, and

        (d) if the person discriminated against is a party to the
	    proceedings, may order the person who contravened this Act
	    to do one or more of the following:
   
                (i) make available to the person discriminated against
		    the right, opportunity or privilege that, in the
		    opinion of the board,, the person was denied
		    contrary to the Act;

               (ii) compensate the person discriminated against for
		    all, or a part the board determines of any wages
		    or salary lost, or expenses incurred, by the
		    contravention;

              (iii) pay to the person discriminated against an amount
		    the board of inquiry considers appropriate to
		    compensate that person for injury to dignity,
		    feelings and self respect or to any of them.

            
      
    (3) A board of inquiry may make an order as to costs it considers
        appropriate.            

    (4) Where an order is made under subsection (2) (a), (c) or (d) or
	(3) or section 14 (1) (d) (ii), the council or the person who
	was discriminated against and in whose favour the order is
	made may file a certified copy of the order with the Supreme
	Court and on being filed the order has the same force and
	effect, and all proceedings may be taken on it, as if it were
	a judgement of that court.

        [1984-22-17, 1989-40-102; 1992-43-11, effective July 13, 
        1993 (B.C. Reg 238/92)]

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