Human Rights Act

(1) In this Act,

"adjudication panel" means the adjudication panel established under section 48; (tribunal d’arbitrage)

"adjudicator" means the member of the adjudication panel who has been designated under section 51 to adjudicate a complaint or hear an appeal; (arbitre)

"advisor" means a person engaged by the Commission under subsection 22(2) or by the Executive Director under subsection 27.1(2); (conseiller)

"assistant" means a person appointed by the Commission under subsection 22(1) or by the Executive Director under subsection 27.1(1); (assistant)

"Board of Management" means the Board of Management as defined in subsection 1(1) of the Legislative Assembly and Executive Council Act; (Bureau de régie)

"Commission" means the Northwest Territories Human Rights Commission established by subsection 16(1); (Commission)

"community organization" means a community organization that has entered into an agreement with the Commission under subsection 22(3) or with the Executive Director under subsection 27.1(3); (organisme communautaire)

"complaint" means a complaint filed or initiated under section 29; (plainte)

"Deputy Executive Director" means a Deputy Executive Director of the Human Rights Commission appointed by the Executive Director under subsection 24(1); (directeur général adjoint)

"disability" means any of the following conditions:

"discrimination" includes the conduct described in subsections 7(1) and (2), 8(1), 9(1), 10(1), 11(1), 12(1) and sections 13 and 14; (discrimination)

"document" includes an electronic document; (document)

"employees’ organization" includes a trade union or other organization of employees formed for purposes that include the negotiation of terms and conditions of employment on behalf of employees; (organisation d’employés)

"employers’ organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees; (organisation patronale)

"employment" includes a contractual relationship with an individual for the provision of services personally by the individual; (emploi)

"employment agency" includes a person who undertakes, with or without compensation, to procure employment for persons; (agence de placement)

"Executive Director" means the Executive Director of the Human Rights Commission appointed under subsection 23(1); (directeur général)

"occupational association" means an organization other than an employees’ organization or employers’ organization in which membership is a prerequisite to carrying on a trade, occupation or profession; (association professionnelle)

"pardon or record suspension" means a pardon that has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code, or a pardon or record suspension that has been ordered under the Criminal Records Act (Canada), unless the pardon or record suspension has been revoked or has ceased to have effect; (pardon ou suspension du casier)

"person" includes an employment agency, employees’ organization, employers’ organization and occupational association; (personne) "public service" means the public service as defined in subsection 1(1) of the Public Service Act; (fonction publique)

"record" includes an electronic record; (enregistrement)

"social condition", in respect of an individual, means the condition of inclusion of the individual, other than on a temporary basis, in a socially identifiable group that suffers from social or economic disadvantage resulting from poverty, source of income, illiteracy, level of education or any other similar circumstance; (condition sociale)

"Speaker" means the Speaker of the Legislative Assembly; (président)

"staff member" means a person appointed by the Executive Director under subsection 27.1(1). (membre du personnel)

(1.1) Examples of diseases or conditions that fall within paragraph (a) of the definition "disability" include, but are not limited to, diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or on a wheelchair or other remedial appliance or device. SNWT 2008,c.5,s.2; SNWT 2012,c.14,s.3; SNWT 2013,c.23,s.6(2); SNWT 2019,c.9,s.3(1),4; SNWT 2020,c.13,s.4(2).

(2) Repealed, SNWT 2008,c.5,s.2(2).

(1) For the purposes of this Act, the prohibited grounds of discrimination are race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, family affiliation, political belief, political association, social condition and a conviction that is subject to a pardon or record suspension.

(2) Whenever this Act protects an individual from discrimination on the basis of sex, the protection includes, without limitation, the protection of a female from discrimination on the basis that she is or may become pregnant.

(2.1) Whenever this Act protects an individual from discrimination on the basis of disability, the protection includes the protection of an individual from discrimination on the basis that he or she

(3) Whenever this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of

SNWT 2012,c.14,s.4; SNWT 2019,c.9,s.5.

(1) No person shall, on the basis of a prohibited ground of discrimination,

(2) In respect of the age, marital status and family status of an individual or a class of individuals, subsection (1) does not affect the operation of any bona fide retirement or pension plan or the terms and conditions of any bona fide group or employee insurance plan.

(3) Subsection (1) does not apply with respect to a practice based on a bona fide occupational requirement.

(4) In order for a practice described in subsection (1) to be considered to be based on a bona fide occupational requirement, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs.

(5) It is not a contravention of subsection (1) for an organization, society or corporation to give preference in employment to an individual or class of individuals if the preference is solely related to the special objects in respect of which the organization, society or corporation was established and the organization, society or corporation

(6) It is not a contravention of subsection (1) for an owner of a business to give preference in employment, on the basis of family affiliation, to a member of his or her family. SNWT 2012,c.6,s.2

(1) No person shall

that

(2) Subsection (1) does not apply with respect to a practice based on a bona fide occupational requirement.

(3) In order for a practice described in subsection (1) to be considered to be based on a bona fide occupational requirement, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs.

(1) Where employees employed in the same establishment perform the same or substantially similar work for an employer, no person shall, on the basis of a prohibited ground of discrimination, discriminate against any such employee by paying the employee, or by causing or contributing to the employee being paid, at a rate of pay less than the rate paid to the other such employees.

(2) For greater certainty, it is not a contravention of subsection (1) to pay an employee, or to cause or contribute to an employee being paid, at a rate of pay less than the rate paid to other employees employed in the same establishment who perform the same or substantially similar work for an employer, if the difference in the rate of pay is attributable to

that is not based on a prohibited ground of discrimination.

(3) No person shall reduce, or cause or contribute to the reduction of, the rate of pay of an employee in order to comply with subsection (1).

(4) For the purposes of this section, employees employed in the same establishment include all employees of the employer subject to substantially similar personnel and pay policies.

(5) For the purposes of this section, the work that one employee performs and the work that another employee performs is deemed to be similar or substantially similar if the work

(6) In this section, "pay" means any form of payment made by an employer for work performed by an employee and includes salary, commission, vacation pay, severance pay, pay in lieu of notice of termination, bonuses, the value of any board, rent or housing provided, contributions to a disability plan, health insurance plan or pension plan and any other advantage received directly or indirectly by the employee. SNWT 2014,c.10,s.12.

(1) No employees’ organization, employers’ organization or occupational association shall, on the basis of a prohibited ground of discrimination and without a bona fide and reasonable justification,

(2) In order for the justification referred to in subsection (1) to be considered bona fide and reasonable, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs.

Goods, Services, Accommodation and Facilities

(1) No person shall, on the basis of a prohibited ground of discrimination and without a bona fide and reasonable justification,

(2) In order for the justification referred to in subsection (1) to be considered bona fide and reasonable, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs.

(3) It is not a contravention of subsection (1) for an owner of a business to give preference in goods, services, accommodation or facilities, on the basis of family affiliation, to a member of his or her family.

(1) No person shall, on the basis of a prohibited ground of discrimination and without a bona fide and reasonable justification,

(2) In order for the justification referred to in subsection (1) to be considered bona fide and reasonable, it must be established that accommodation of the needs of an individual or class of individuals affected would impose undue hardship on a person who would have to accommodate those needs.

(3) It is not a contravention of subsection (1) for an owner of a commercial unit or self-contained dwelling unit to give preference in the occupation of a commercial unit or self-contained dwelling unit or with respect to a term or condition of such an occupancy, on the basis of family affiliation, to a member of his or her family.

(1) No person shall, on the basis of a prohibited ground of discrimination, publish or display or cause or permit to be published or displayed any statement, notice, sign, symbol, emblem or other representation that

(2) Nothing in subsection (1) shall be construed so as to interfere with the free expression of opinion on any subject.

(1) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals

(2) In subsection (1), "harass", in respect of an individual or class of individuals, means engage in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome by the individual or class.

(1) The Northwest Territories Human Rights Commission is established.

(2) The Commission is composed of such members, between three and five in number, as may be appointed by the Commissioner on the recommendation of the Legislative Assembly.

(3) A person appointed as a member of the Commission must have experience and an interest in, and a sensitivity to, human rights.

(1) A Commission member holds office during good behaviour for a term of four years and may be reappointed for subsequent terms.

(2) A Commission member may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by notifying the Clerk in writing.

(3) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend a Commission member or remove a Commission member from office.

(4) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend a Commission member, and the suspension remains in effect until the earliest of the following occurs:

(5) If the Legislative Assembly is not sitting and the number of Commission members falls below three, the Speaker, on the recommendation of the Board of Management, may appoint a person to serve as a Commission member until the earliest of the following occurs:

(6) A Commission member shall be

(7) A Commission member is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly.

(8) A Commission member is not an employee in the public service. SNWT 2020,c.13,s.4(3).

(1) Before commencing the duties of office, each Commission member shall take an oath, administered by either the Speaker or Clerk of the Legislative Assembly, undertaking to faithfully and impartially exercise the powers and perform the duties of the Commission and to not disclose any information received under this Act except in accordance with this Act.

(2) The form of oath required under this section shall be determined by the Speaker. SNWT 2020,c.13,s.4(3).

(1) The Speaker, on the recommendation of the Board of Management,

(2) The Commission members may designate one of the members to be an acting chairperson, if

(3) For the period of his or her designation an acting chairperson has all the powers and shall perform all the duties of the chairperson. SNWT 2012,c.6,s.3

(1) Subject to subsection (4), the chairperson and two other members of the Commission constitute a quorum.

(2) Subject to paragraph 23(1)(a), a member of the Commission is entitled to one vote.

(3) Notwithstanding subsection (2), the chairperson of the Commission is only entitled to vote to break a tie.

(4) The Commission may set a quorum different from that described in subsection (1) in rules and procedures established under section 18.2. SNWT 2008,c.5,s.4; SNWT 2019,c.9,s.6.

(1) Subject to subsection (2), the Commission may establish its own rules and procedures.

(2) In establishing its rules and procedures, the Commission shall provide that members of the public may attend its meetings, subject to such specified exceptions as it considers appropriate. SNWT 2008,c.5,s.4.

(1) The Commission shall, no later than July 1 and in accordance with subsection 32(1) of the Financial Administration Act, prepare and submit to the Speaker an annual report that includes the number, nature and disposition of complaints filed or initiated under this Act.

(2) The Speaker shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2015,c.13,s.154; SNWT 2020,c.13,s.4(4).

(1) The Commission may

(1.1) A person appointed by the office of the Commission under subsection (1) shall take an oath, administered by the chairperson of the Commission, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(2) The Commission may from time to time

(2.1) The Commission may require a person retained or engaged under subsection (2) to take an oath, administered by the chairperson of the Commission, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(2.2) The form of oaths required under this section shall be determined by the Speaker.

(3) The Commission may from time to time enter into an agreement with a community organization in which the organization agrees to conduct education programs

(4) The persons appointed or engaged under this section are not employees in the public service.

(5) The Commission may delegate to the Executive Director any of its powers under subsections (1), (2) and (3). SNWT 2008,c.5,s.7; SNWT 2019,c.9,s.3(1),8; SNWT 2020,c.13,s.4(5),(6). Executive Director and Commission Staff SNWT 2019,c.9,s.9.

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint an Executive Director of the Commission who shall

(1.1) Repealed, SNWT 2020,c.13,s.4(7).

(2) A person appointed as Executive Director must have experience and an interest in, and a sensitivity to, human rights.

(3) The Executive Director holds office, during good behaviour, for a term of four years and may be reappointed for subsequent terms.

(4) Except in the case of resignation or removal, a person holding office as the Executive Director continues to hold office after the expiry of his or her term of office until he or she is reappointed, a successor is appointed or a period of six months has expired, whichever first occurs.

(5) The Executive Director is entitled to rights, privileges and benefits, including remuneration and pension benefits, similar to the entitlements of Assistant Deputy Ministers.

(6) The Executive Director is deemed an employee in the public service for the purpose of pension benefits.

(7) The Executive Director is entitled to reimbursement for travel and other expenses incurred in the performance of the duties of the Executive Director, similar to the types and rates set out in Government of the Northwest Territories policies and guidelines applicable to such expenses.

(8) The Executive Director may, with the prior approval of the Speaker, hold another public office or carry on a trade, business or profession but may not hold a position as an employee in the public service.

(9) The Executive Director is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly.

(10) The Executive Director appointed under this section is not an employee in the public service.

(11) Nothing in subsections 23(5) to (10) affects the appointment, status within the public service, or terms of employment of an Executive Director holding office when those subsections come into force. SNWT 2012,c.15,s.2; SNWT 2019,c.9,s.3,9; SNWT 2020,c.13,s.4(7),(8),(9).

(1) The Executive Director may appoint one or more Deputy Executive Directors of the Human Rights Commission.

(2) Deputy Executive Directors appointed under this section are employees in the public service. SNWT 2020,c.13,s.4(10).

(1) The Executive Director may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by notifying the Clerk in writing.

(2) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend the Executive Director with or without remuneration or remove the Executive Director from office.

(3) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend the Executive Director with or without remuneration, and the suspension remains in effect until the earliest of the following occurs:

SNWT 2020,c.13,s.4(10).

(1) If the Executive Director is suspended or removed under subsection 25(2), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Executive Director to hold office until the earliest of the following occurs:

(2) If the Executive Director is suspended under subsection 25(3), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Executive Director to hold office until the earliest of the following occurs:

(3) If the Executive Director has resigned, the Speaker, on the recommendation of the Board of Management, may appoint an acting Executive Director to hold office until a person is appointed as Executive Director under subsection 23(1).

(4) A Deputy Executive Director may be appointed as an acting Executive Director under this section.

(5) Section 25 and subsections 26(1) to (3) apply with such modifications as the circumstances require to an acting Executive Director appointed under this section.

(6) An appointment as acting Executive Director does not preclude a person from subsequently being appointed as Executive Director under subsection 23(1). SNWT 2020,c.13,s.4(10).

(1) The Executive Director, in addition to discharging his or her other responsibilities under this Act, shall

(2) Repealed, SNWT 2019,c.9,s.11(2).

(3) Every Deputy Executive Director shall act under the direction of the Executive Director and may exercise such powers and shall perform such duties of the Executive Director as the Executive Director may delegate. SNWT 2008,c.5,s.11; SNWT 2019,c.9, s.3,11.

(1) The Executive Director may

(2) The Executive Director may from time to time

(3) The Executive Director may from time to time enter into an agreement with a community organization in which the organization agrees to provide alternate dispute resolution or other services in respect of the resolution of one or more complaints filed or initiated under this Act.

(4) The persons appointed under paragraph (1)(a) are employees in the public service.

(5) The persons appointed under paragraph (1)(b) and the persons engaged under subsection (2) are not employees in the public service. SNWT 2008,c.5, s.12; SNWT 2019,c.9,s.3(1).

(1) Where, for any reason, the Executive Director determines that he or she cannot or should not act in respect of any particular matter,

(2) A Deputy Executive Director or a staff member, assistant or advisor designated to act in the place of the Executive Director, when acting, may exercise all the powers and shall perform all the duties of the Executive Director in respect of the particular matter. SNWT 2008,c.5,s.13; SNWT 2019,c.9,s.3(1).

(1) Before commencing the duties of office, the Executive Director shall take an oath, administered by either the Speaker or Clerk of the Legislative Assembly, undertaking to faithfully and impartially exercise the powers and perform the duties of the Executive Director and to not disclose any information received under this Act except in accordance with this Act.

(2) A staff member or assistant appointed by the Executive Director under subsection 27.1(1) shall take an oath, administered by the Executive Director, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(3) The Executive Director may require a person engaged under subsection 27.1(2) to take an oath, administered by the Executive Director, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(4) The form of oaths required under this section

SNWT 2020,c.13,s.4(11).

(1) Any individual or group of individuals having reasonable grounds for believing that a person has contravened this Act and claiming to be aggrieved because of the alleged contravention of this Act, may file with the Commission a complaint in a form satisfactory to the Commission.

(1.1) For greater certainty, a complaint is filed when it is accepted by the Executive Director.

(2) Subject to subsection (3), a complaint must be filed with the Commission

(2.1) The Executive Director may refuse to accept a complaint if

(2.2) Where the Executive Director refuses to accept a complaint under subsection (2.1), the Executive Director shall cause the complainant to be served with a written notice of the refusal and the reasons for it.

(2.3) The complainant may, within 30 days after service of the written notice of refusal under subsection (2.2), appeal the refusal by filing a notice of appeal with the Human Rights Commission and serving it on the Executive Director.

(2.4) The Commission shall establish a process for conducting an appeal under subsection (2.3).

(2.5) The decision of the Human Rights Commission is final.

(3) The Executive Director may extend the time limit for filing the complaint or part of the complaint under subsection (2) if the Executive Director is satisfied that the delay in filing the complaint or part of the complaint was incurred in good faith and will not substantially prejudice any person.

(4) The Commission may, where it has reasonable grounds for believing that a person has contravened this Act, initiate a complaint

(5) The Commission may pursue restorative dispute resolution measures at any time during the complaint process. SNWT 2019,c.9,s.3(1),12.

(1) The Executive Director shall review and inquire into a complaint to the extent that the Executive Director determines is warranted in the circumstances and for the purposes of this Part.

(2) A review and inquiry into a complaint under subsection (1) must be completed as soon as possible after the complaint is filed or initiated or within such period as may be prescribed.

(3) The Executive Director shall cause each person that is alleged in a complaint to have contravened this Act to be served with a copy of the complaint, unless the complaint is dismissed under section 44. SNWT 2019,c.9,s.3(1),13.

(1) At any time before referring a complaint for an adjudication under section 46, the Executive Director may, at the request of any party or on his or her own initiative, amend the complaint to add parties or to effect any other changes, if the Executive Director is satisfied that the amendment will not substantially prejudice any party or any person proposed to be added as a party.

(2) The Executive Director may attach such terms and conditions to an amendment made under subsection (1) as the Executive Director considers appropriate.

(3) The Executive Director shall cause each party to a complaint to be served with a copy of the amended complaint and a copy of any attached terms and conditions. SNWT 2019,c.9,s.3(1).

(1) After a complaint has been filed or initiated, the Executive Director, a staff member, an assistant, an advisor or a community organization shall, by restorative dispute resolution or other means, assist the parties to the complaint in attempting to settle the matter by agreement, until the complaint is deferred, dismissed or referred for an adjudication under this Part.

(2) The parties to a settlement agreement entered into in respect of a complaint shall, within 14 days after entering into the settlement agreement, provide the Executive Director with a copy of the settlement agreement.

(3) The Executive Director, Deputy Executive Directors, Commission members, staff members, assistants and advisors and employees of community organizations shall not disclose any information obtained under this section concerning a settlement agreement that would identify a party to the agreement, unless that party consents to the disclosure.

(4) Where a settlement agreement is provided to the Executive Director in accordance with subsection (2), the Executive Director shall cease proceedings under this Part in respect of the complaint. SNWT 2008,c.5,s.14; SNWT 2019,c.9,s.3,15.

(1) Where, on application, the Executive Director determines that a party to a settlement agreement has substantially failed to comply with the agreement, the Executive Director may, after giving written notice to the parties, reopen proceedings under this Part in respect of the complaint as if a settlement had not been reached.

(2) The right to apply under subsection (1) to reopen a complaint cannot be waived by a party to a settlement agreement and any provision of a settlement agreement that purports to waive that right is void. SNWT 2019,c.9,s.3(1).

(1) For the purpose of investigating a complaint, an investigator may

(2) If a person refuses or fails

the Executive Director may apply to the Supreme Court for an order requiring the person to respond to the inquiry, to comply with the demand or to permit the removal, as the case may be.

(3) On application, a judge of the Supreme Court may make an order referred to in subsection (2) and any other order that he or she considers necessary to enable an investigator to exercise a power referred to in subsection (1), if the judge

SNWT 2019,c.9,s.3(1).

(1) For the purpose of investigating a complaint, an investigator may, subject to subsection (3), enter and inspect any building, receptacle or place that in his or her opinion may provide information relating to the complaint.

(2) An investigator exercising a power of entry and inspection under this section shall, on request,

(3) An investigator must obtain the consent of the owner or occupier of any building, receptacle or place before entering and inspecting it or any part of it if

(4) If consent to enter and inspect any building, receptacle or place of the type or in the circumstances described in subsection (3) is withheld by the owner or occupier of the building, receptacle or place, the investigator may not enter and inspect that building, receptacle or place generally, or in the circumstances described in subsection (3), as the case may be, unless authorized to enter and inspect by a warrant issued under subsection (5) or to enter and search by a warrant issued under subsection (6).

(5) On application of the Executive Director, which may be made ex parte, a justice of the peace may, if satisfied by information on oath or affirmation that there are reasonable grounds to believe that access to any building, receptacle or place is necessary for the purposes of an investigation of a complaint, issue a warrant authorizing the person named in the warrant to enter and inspect that building, receptacle or place on the days and during the times specified in the warrant.

(6) On application of the Executive Director, which may be made ex parte, a judge of the Supreme Court may, if satisfied by information on oath or affirmation that there are reasonable grounds to believe that

issue a warrant authorizing the person named in the warrant

(7) A warrant issued under subsection (5) or (6) must

SNWT 2019,c.9,s.3(1).

(1) Where a document or record is removed from a building, receptacle or place under section 36 or 37, the investigator

(2) Copies and extracts made under subsection (1) of all or part of a document or record are admissible in evidence to the same extent, and have the same evidentiary value, as the original document or record, if certified as true copies of the original document or record by the person who made them.

(1) No person shall hinder, obstruct or interfere with an investigator conducting an investigation or executing a warrant under this Part.

(2) Subsection (1) is not contravened by

(1) An investigator who conducts an investigation of a complaint shall, on its completion, prepare a written report on the investigation and submit the report to the Executive Director.

(2) The Executive Director shall provide each of the parties to a complaint with a copy of the report referred to in subsection (1).

(3) The Executive Director shall review the investigation report and provide a written recommendation to the Commission as to whether the complaint should be deferred, dismissed or referred to adjudication. SNWT 2019,c.9,s.16. Deferral, Dismissal and Appeal of Dismissal

(1) If the Commission determines that another proceeding is capable of appropriately dealing with the substance of a complaint, the Commission may, at any time before the complaint is referred for an adjudication under section 46, defer further consideration of the complaint until the outcome of the other proceeding.

(2) In making a determination under subsection (1), the Commission shall consider all relevant factors, including the subject matter and nature of the other proceeding and the adequacy of the remedies available in the other proceeding in the circumstances.

(3) Where the Commission defers consideration of a complaint, the Commission shall cause the parties to the complaint to be served with a written notice of the deferral and the reasons for it. SNWT 2019, c.9,s.17.

(1) The Commission may, at any time before a complaint is referred for an adjudication under section 46, dismiss all or part of the complaint if the Commission is satisfied that

(2) Where the Commission dismisses all or part of a complaint, the Commission shall cause the parties to the complaint to be served with a written notice of the dismissal and the reasons for it.

(3) Where the Commission dismisses part of a complaint, the Commission shall amend the complaint before referring it for an adjudication. SNWT 2019, c.9,s.18.

(1) The Commission shall refer a complaint to the adjudication panel for an adjudication if the Commission considers that

(2) On referring a complaint for an adjudication, the Commission shall cause the parties to the complaint to be served with a written notice of the referral.

(3) The Commission may refer two or more complaints together under subsection (1) if the Commission is satisfied that it is fair and reasonable to do so. SNWT 2019,c.9,s.21.

(1) An adjudication panel is established.

(2) The adjudication panel is composed of at least three members as may be appointed by the Commissioner on the recommendation of the Legislative Assembly.

(3) The Speaker, on the recommendation of the Board of Management, may appoint a person as an acting member of the adjudication panel if the chairperson advises the Speaker that

(3.1) An acting member of the adjudication panel holds office until the conclusion of the matter in respect of which the acting member was appointed.

(4) A person appointed as a member of the adjudication panel must have experience and an interest in, and sensitivity to, human rights and

(5) A Commission member may not be appointed to the adjudication panel.

(6) A member of the adjudication panel may not hold any position as an employee in the public service.

(7) A member of the adjudication panel is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly.

(8) A member of the adjudication panel is not an employee in the public service. SNWT 2012,c.15,s.3; SNWT 2020,c.13,s.4(12),(13).

(1) A member of the adjudication panel holds office during good behaviour for a term of four years and may be reappointed for subsequent terms.

(1.1) Notwithstanding subsection (1), a member of the adjudication panel appointed before the coming into force of this subsection continues to hold office until the expiry of the term of office to which they were appointed.

(2) Except in the case of resignation, a person holding office as a member of the adjudication panel continues to hold office after the expiry of his or her term of office if, before the expiry, the member was designated to adjudicate a complaint or to hear an appeal, and had commenced the hearing in respect of the complaint or appeal.

(3) Repealed, SNWT 2020,c.13,s.4(15).

(4) A member of the adjudication panel shall be

(5) A member of the adjudication panel may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk of the Legislative Assembly.

(6) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend a member of the adjudication panel or remove a member of the adjudication panel from office.

(7) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend a member of the adjudication panel, and the suspension remains in effect until the earliest of the following occurs:

SNWT 2012,c.15,s.3; SNWT 2020,c.13,s.4(14),(15), (16).

(1) The Speaker, on the recommendation of the Board of Management,

(2) The members of the adjudication panel may designate one of the members to be an acting chairperson, if

(3) For the period of his or her designation an acting chairperson has all the powers and shall perform all the duties of the chairperson. SNWT 2012, c.15,s.3.

(1) Before commencing the duties of office, a member of the adjudication panel shall take an oath, administered by either the Speaker or Clerk of the Legislative Assembly, undertaking to faithfully and impartially exercise the powers and perform the duties of a member of the adjudication panel and to not disclose any information received under this Act except in accordance with this Act.

(2) The form of oath required under this section

SNWT 2020,c.13,s.4(17).

(1) Subject to this Act and the regulations, the adjudication panel may make rules governing the practice and procedure in hearings and pre-hearing matters.

(2) Subject to this Act, the regulations and any rules made under subsection (1), the adjudicator may determine the practice and procedure for the conduct of the hearing and pre-hearing matters that the adjudicator considers appropriate to facilitate the just and timely resolution of the complaint or appeal, as the case may be.

(3) Without limiting the generality of subsection (2), the adjudicator may

SNWT 2019,c.9,s.22.

(1) The parties to a complaint referred for an adjudication under section 46 are

(2) The adjudicator may add a party referred to in paragraph (1)(d) at any time after the referral of the complaint on such terms and conditions as the adjudicator considers proper.

(3) The parties to an appeal made to the adjudication panel under section 45 are

(4) The Commission has carriage of a complaint before the adjudication panel.

(5) The Commission may elect to have carriage of a complaint in a proceeding before a court.

(6) For greater certainty, the Commission has carriage of a complaint for the purposes of representing the public interest and upholding the principles of the Act. SNWT 2019,c.9,s.23.

(1) Evidence may be given before an adjudicator in any manner that the adjudicator considers appropriate and, subject to subsection (2), the adjudicator is not bound by the rules of law respecting evidence in civil actions or proceedings.

(2) The adjudicator may not admit or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

(1) After the completion of the hearing for the adjudication of a complaint, the adjudicator shall decide whether or not the complaint has merit in whole or in part.

(2) If the adjudicator finds, under subsection (1), that a complaint is without merit, the adjudicator shall order that the complaint be dismissed.

(3) If the adjudicator finds, under subsection (1), that a complaint has merit in whole or in part, the adjudicator

(4) For greater certainty, the adjudicator may, under subsection (3), make a finding against more than one party, and may make an order in respect of each such party, including an order that apportions responsibility between those parties to provide compensation.

(5) The adjudicator may, on hearing an appeal made under section 45,

(6) If all or part of the hearing was held in private under section 58, the adjudicator may issue directions to the Executive Director concerning the manner in which the decision or order, including the findings of fact on which the decision or order were based and the reasons for the decision or order, must be altered before it is included in the public register referred to in paragraph 27(1)(b).

(7) The adjudicator shall

SNWT 2019,c.9,s.3(1),24.

(1) An order made by the adjudicator on the adjudication of a complaint may be filed with the Clerk of the Supreme Court.

(2) An order filed under subsection (1) may be enforced in the same manner as an order of the Supreme Court and, for greater certainty, it is deemed to be a judgment to which section 56.1 of the Judicature Act applies.

(1) Any party to a complaint or to an appeal made under section 45 may, at any time within 30 days after service of an order of the adjudicator on that party, appeal to the Supreme Court to have the order reversed or modified by filing a notice of appeal with the Clerk of the Supreme Court and serving it on all the parties to the complaint or to the appeal, as the case may be.

(2) The Supreme Court may, on hearing an appeal made under subsection (1), make an order that affirms, reverses or modifies the order of the adjudicator, and make any other order that the Supreme Court considers necessary.

(1) Nothing in this Act precludes any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 5(1).

(2) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its object the amelioration of conditions of disadvantaged individuals or groups.

(1) No person

may be required to attend or give evidence in an action or proceeding, except a proceeding under this Act, as to information obtained in the exercise of his or her powers or in the performance of his or her duties under this Act or the regulations.

(2) Notwithstanding subsection (1), in a proceeding under this Act, no person who has assisted the parties to a complaint in attempting to settle the matter by agreement under section 33 may be required to attend or give evidence respecting information obtained about the complaint in the exercise of his or her powers or in the performance of his or her duties under section 33. SNWT 2008,c.5,s.17; SNWT 2019, c.9,s.3(1).

(1) Any proceedings under this Act may be instituted against an employees’ organization, employers’ organization or occupational association in its name.

(2) Any act or thing done or omitted by an officer, official or agent of an employees’ organization, employer, employers’ organization or occupational association within the scope of his or her authority to act on its behalf is deemed to be an act or thing done or omitted by the employees’ organization, employer, employers’ organization or occupational association, as the case may be. SNWT 2013,c.23, s.6(4).

(1) Repealed, SNWT 2019,c.9,s.25.

(1) Repealed, SNWT 2020,c.13,s.4(18).

(2) The Commissioner, on the recommendation of the Board of Management, after consulting the Commission may make regulations

SNWT 2008,c.5,s.18; SNWT 2019,c.9,s.3,20,26; SNWT 2020,c.13,s.4(18).