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1981-1982 Supplement C.H.R.R. 1 (1981-1982)
Prince Edward Island Human Rights Act

handle is hein.journals/chhr1981 and id is 161 raw text is: CANADIAN HUMAN RIGHTS REPORTER PRINCE EDWARD ISLAND Prince Edward Island Human Rights Act Legislation C.H.R.R. Supplement 1982 PRINCE EDWARD ISLAND HUMAN RIGHTS ACT S.P.E.I. 1975, c. 72, assented to December 12, 1975, proclaimed effective September 11, 1976, by proclamation gazetted the same date; as amended 1977, c. 39; 1980, c. 26, effective April 18, 1980; 1982, c. 9, effective May 7, 1982. Preamble WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations; AND WHEREAS it is recognized in Prince Edward Island as a fundamental principle that all persons are equal in dignity and human rights without regard to race, religion, creed, colour, sex, marital status, or ethnic or national origin; AND WHEREAS in 1968 An Act Respecting Human Rights was passed by the legislature of this province in response to the Universal Declaration of Human Rights passed by the General Assembly of the United Nations; AND WHEREAS the principles contained in An Act Respecting Human Rights require amplification; AND WHEREAS it is deemed desirable to provide for the people of the province a Human Rights Commission to which complaints relating to discrimination may be made; THEREFORE BE IT ENACTED by the Lieutenant Governor and Legislative Assembly of the Province of Prince Edward Island as follows: Definitions 1(1) In this Act (a.01) age means the age of an individual if the individual has attained the age of eighteen years and has not at- tained the age of sixty-five years; 1980, c. 28. art. 1. (a) business, professional or trade association includes an organization of persons which by an enactment, agreement or custom has power to admit, suspend, ex- pel or direct persons in relation to any business or trade or in the practice of any occupation or calling; (b) commercial unit means any building or other struc- ture or part thereof that is used or occupied or is in- tended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property, or any space that is used or occupied or is intended, arranged or de- signed to be used or occupied as a separate business or professional unit or office in any building or other structure or a part thereof; (c) commission means the Prince Edward Island Human Rights Commission; (d) discrimination means discrimination in relation to the race, religion, creed, colour, sex, marital status, ethnic or national origin, age, physical disability or political belief as registered under section 24 of the Election Act R.S.P.E.I. 1974, Cap. E-1 of any individual or class of individuals; 1980, c. 26, art. 1. (e) employees' organization includes an organization of employees formed for purposes that include the regulation of relations between employees and employers; (f) employer includes a person who contracts with a person for services to be performed by that person or wholly or partly by another person; (g) employers' organization includes an organization of employers formed for purposes that include the regulation of relations between employers and employees; (h) employment agency includes a person who under- takes with or without payment to procure employees for employers and a person who undertakes with or without payment to procure employment for persons; (i) Minister means the member of the Executive Council charged with the administration of this Act by the Lieutenant Governor in Council; (j) payment means remuneration in any form; (k) person includes employer, employers' organization, employees' organization, business, professional or trade association, whether acting directly or indirectly, alone or with another, or by the interposition of another. (1) physical disability means any degree of disability, in- firmity; malformations or disfigurement of the body suf- fered by a person, as a result of injury, illness or birth defect, and includes any disabling condition resulting from epilepsy, paralysis, lack of coordination, am- putation, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or reliance upon a seeing-eye dog, wheelchair, cane or crutch or other remedial appliance or device. 1980, c. 26, art. 1. Construction of Act 2 This Act shall, at the expiration of three years from the date of this Act coming into force, be deemed to prevail over all other laws of this province and such laws shall be read as being subject to this Act; between the date of this Act coming into force and the expiration of the said three-year period it is the express intention of the legislature that incon- sistencies between the statutes and regulations of this province and this Act be removed. PART I DISCRIMINATION PROHIBITED Discrimination In accommodation prohibited 2 No person shall discriminate (a) against any individual or class of individuals with respect to enjoyment of accommodation, services and facilities to which members of the public have access; or (b) with respect to the manner in which accommodations, services and facilities, to which members of the public have access, are provided to any individual or class of individuals. Denial of occupancy rights prohibited 3(1) No person shall (a) deny to any individual or class of individuals, on a dis- criminatory basis, occupancy of any commercial unit I

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