Equity Plan and Policy

Programs, approved or ordered by commission

55(1)   On the application of any person or on its own initiative, the commission may approve or order any program to be undertaken by any person if the program is designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be or are based on or related to the race, creed, religion, colour, sex, gender identity, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of members of that group, or the receipt of public assistance by members of that group, by improving opportunities respecting services, facilities, accommodation, employment or education in relation to that group or the receipt of public assistance by members of that group.

(2)       At any time before or after the commission approves a program, or a program is ordered by the commission or the court, the commission may:

(a) make inquiries concerning the program;

(b) vary the program;

(c) impose conditions on the program; or

(d) withdraw approval of the program as the commission thinks fit.

(3)      Nothing done in accordance with a program approved pursuant to this section is   a violation of the provisions of this Act.

 

Reasonable and justifiable measures

56(1)    Subject to subsection (2), it is not a contravention of this Act for a person to adopt or implement a reasonable and justifiable measure:

(a) that is designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of

individuals if those disadvantages would be or are based on or related to one or more prohibited grounds; and

(b) that achieves or is reasonably likely to achieve that objective.

(2)         If a program has been approved or ordered pursuant to section 55, a measure mentioned in subsection (1) must comply with the terms and conditions of that program.

 

[1] Equity programs may be approved by the Commission under section 55, or negotiated in settlement of a human rights complaint, or ordered by a court.

[2] The prohibited grounds of discrimination, listed in Section 2 (m.01) of The Saskatchewan Human Rights Code, 2018  are: religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race, receipt of public assistance, and gender identity.

[4] Equity in Education Forum, Our Children, Our Communities and Our Future (l997), p. ii.

Forum members include: Saskatchewan Learning, Saskatchewan Teachers’ Federation, Gabriel Dumont Institute, Saskatchewan School Boards Association, Saskatchewan Human Rights Commission, the Colleges of Education of the Universities of Saskatchewan and Regina, and the League of Education Administrators, Directors and Superintendents.

[5] Report of the Provincial Auditor (May 2OO3). See pages lOl-ll3, on the Indigenous Employment

Development Program of Government Relations and Indigenous Affairs.

Adopted January 20, 2004