BILL NO. 138

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Human Rights Act
(amended)

 

Claudia Chender
Dartmouth South

First Reading: April 4, 2019

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill amends the Human Rights Act to

(a) define social disadvantage and include it as a prohibited ground of discrimination; and

(b) clarify that the combined operation of interrelated actions, practices, policies or procedures of a person that do not have a discriminatory effect when considered individually can constitute discrimination.

An Act to Amend Chapter 214
of the Revised Statutes, 1989,
the Human Rights Act,
to Prohibit Discrimination
on Account of Social Disadvantage

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 214 of the Revised Statutes, 1989, the Human Rights Act, as enacted by Chapter 12 of the Acts of 1991 and amended by Chapter 41 of the Acts of 2007 and Chapter 4 of the Acts of 2016, is further amended by

(a) striking out the period at the end of subclause (o)(iii) and substituting a semi-colon; and

(b) adding immediately after clause (o) the following clause:

(p) "social disadvantage" means diminished social standing or social regard due to
(i) homelessness or inadequate housing,

(ii) low levels of education,

(iii) chronic low income, or

(iv) chronic unemployment or underemployment.

2 Chapter 214 is further amended by adding immediately after Section 4 the following subsection:

4A (1) In this Section, "systemic discrimination" means interrelated actions, practices, policies or procedures of a person that do not have a discriminatory effect when considered individually but where the combined operation of those actions, policies or procedures results in discrimination.

(2) Discrimination within the meaning of Section 4 includes systemic discrimination.

3 Subsection 5(1) of Chapter 214, as enacted by Chapter 12 of the Acts of 1991 and amended by Chapter 51 of the Acts of 2012, is further amended by adding immediately after clause (s) the following clause:

(sa) social disadvantage;

 

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