Human Rights Orders to Be Enforced

The Nova Scotia Human Rights Commission now has the power to enforce board of inquiry orders that award financial compensation to victims of discrimination, says Jim Smith, Minister responsible for the administration of the Human Rights Act.

"The new regulation will go a long way to ensure victims of discrimination receive the compensation owed to them," said Dr. Smith. "Clearly, it was important to put this regulation in place."

Nova Scotia was the only province that did not have these enforcement powers. Until now, an individual or organization who didn't pay damages ordered by a board of inquiry could only face fines of $500 or $1,000, often an amount less than the monetary award. Also, the fines were payable to the province, not the victim.

Now, board of inquiry orders for monetary compensation will be enforceable in the same manner as judgments of the Nova Scotia Supreme Court.

"The vast majority of respondents comply with board of inquiry decisions ordering the payment of compensation to the person who filed the complaint," said Maureen Shebib, acting executive director of the Nova Scotia Human Rights Commission.

However, some victims of discrimination never received compensation because until now the commission did not have enforcement powers, Ms. Shebib said. The commission currently has three such cases, one stemming from a sexual harassment complaint in the workplace, one stemming from a refusal to rent an apartment on the basis of race, and one stemming from workplace discrimination based on disability. The regulation gives the commission the power to take enforcement action in relation to such outstanding unpaid awards.

The lack of enforcement powers also meant respondents could encourage a complainant to settle for less compensation than what would be anticipated as a result of a board of inquiry, Ms. Shebib said.

"The ability to enforce unpaid board of inquiry orders is critical to reinforcing the seriousness of human rights violations and to achieve the remedial goals of the Human Rights Act," she said.

Boards of inquiry are the final, public stage of the human rights complaint process. The vast majority of complaints to the provincial human rights commission are settled before reaching the board of inquiry stage.