Canadian Human Rights Act

Marginal note:Orders relating to hate messages

• 54 (1) If a member or panel finds that a complaint related to a discriminatory practice described in section 13 is substantiated, the member or panel may make only one or more of the following orders:

  • (a) an order containing terms referred to in paragraph 53(2)(a);

  • (b) an order under subsection 53(3) to compensate a victim specifically identified in the communication that constituted the discriminatory practice; and

  • (c) an order to pay a penalty of not more than ten thousand dollars.

• Marginal note:Factors

  (1.1) In deciding whether to order the person to pay the penalty, the member or panel shall take into account the following factors:

  • (a) the nature, circumstances, extent and gravity of the discriminatory practice; and

  • (b) the wilfulness or intent of the person who engaged in the discriminatory practice, any prior discriminatory practices that the person has engaged in and the person’s ability to pay the penalty.

• Marginal note:Idem

  (2) No order under subsection 53(2) may contain a term

  • (a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or

  • (b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained such premises or accommodation in good faith.