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7

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BC HUMAN RIGHTS TRIBUNAL 
SPECIAL PROGRAMS POLICY 

A. Introduction 

The Chair of the B.C. Human Rights Tribunal (the "Tribunal") is responsible for 
approving special programs under section 42(3) of the Human Rights Code (the 
"Code", see Appendix "A"). 

If a person, business, organization, society, association or group wants to 
implement a special program or activity that has as its objective the amelioration 
of conditions of disadvantaged individuals or groups, they may apply to the 
Tribunal for approval of their special program or activity. The effect of having a 
Tribunal approval of a special program or activity is that any approved program is 
deemed not to be a contravention of the Code for the duration of the approval. 
Therefore, the application to the Tribunal must be consistent with this policy and 
provide sufficient information to enable the Tribunal to ensure that the purposes 
of the Code, and of s. 42 in particular, are fulfilled. 

The purpose of this policy is to describe what special programs are and to set out 
the information the Tribunal will require before it may approve a special program 
or activity. This policy is intended to provide information to the public and is not 
intended to limit the Tribunal's authority or discretion under the Code. The 
Tribunal will assess every application for a special program approval in light of 
this policy. 

B. Special Programs or Activities and Employment Equity Programs 

1. What is a special program? 

A special program is any program or activity that has as its objective the 
amelioration of conditions of disadvantaged individuals or groups. Special 
programs are based on the principle that to promote effective equality and to 
eliminate discrimination, it may be necessary to treat individuals or groups 
differently in ways that recognize their actual needs. 

An example of a special program approved in the past is where a school district 
hires a member of a protected group to provide services to students and families 
who are members of that same group. 

A program is different from an activity. A program consists of a number of 
activities which form a program. An activity is narrower in scope and may be a 
discrete event, which may occur once or successively. In this policy, all special 
programs, whether a program or an activity, will be called a "program" or a 
"special program". 

2. What is an employment equity program? 

Employment equity programs are programs to designed ameliorate the 
conditions of individuals or groups who are disadvantaged because of race, 

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colour, ancestry, place of origin, physical or mental disability or sex, and 
achieves or is reasonably likely to achieve that objective (see Appendix A). The 
Code provides that it is not discrimination or a contravention of the Code to plan, 
advertise, adopt or implement an employment equity program. The Tribunal can 
approve employment equity programs as a type of special program. 
An employment equity program is a major employment initiative which aims to 
achieve a workforce that is representative of the diversity of the available labour 
force in the general population. Employment equity involves the identification and 
elimination of systemic barriers to employment opportunities that affect specified 
groups that experience historical disadvantage. Employment equity also involves 
the implementation of special measures to achieve and maintain a workforce that 
is, at all levels, representative. 
The goal of employment equity is to ensure that members of the specified groups 
experience equal access to jobs, a positive working environment, and the 
opportunity to participate and contribute fully in their workplace. A successful 
employment equity program will remove barriers to employment and, over time, 
achieve a representative workforce. The removal of barriers to employment and 
advancement, and the special measures which may be designed to ensure equal 
access to employment for the specified groups, often result in a fairer work 
environment for all. It is to all employees' benefit to be treated on the basis of 
merit and to be provided the opportunity to work in a supportive and equitable 
environment. 
3. What is the purpose of special programs? 
Discrimination is against the law. Although it is illegal, discrimination and 
prejudice still exist against historically disadvantaged and marginalized groups in 
society. For a variety of historical and social reasons, certain groups have faced, 
and continue to face, barriers in the workforce, in accessing services, and to full 
and free participation in the economic, social, political and cultural life in British 
Columbia. 
Special programs are consistent with the principle of equality and are implicitly 
recognized as necessary for certain groups to attain equality. Historically, 
equality was interpreted to mean that everyone should be treated the same. It is 
now recognized that being treated the same does not always result in true 
equality. Applying a standard of the same or similar treatment between groups of 
people often overlooks the reality of the diverse characteristics of individuals and 
groups, including historical disadvantage, and the special needs that often 
accompany diversity. Therefore, it is sometimes necessary to treat individuals or 
groups that have experienced historical disadvantage differently in order to try to 
achieve true equality and to help to eliminate discrimination. 
Section 42 of the Code provides for the implementation of special programs to 
correct historical inequities and effectively deal with systemic discrimination to 
improve the situation of disadvantaged individuals or groups. It is one means by 
which the legislature has determined that discrimination can be eliminated and 
equality enhanced. Special programs are, therefore, not an exception to the 
prohibition against discrimination, but a specific means to achieve real equality 
which is the underlying purpose of the Code. 
4. Does a program require a Tribunal approval? 
a. Special programs 
A service provider or employer that wants to implement a special program 

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is not required to seek the Tribunal's approval. However, if the special 
program is approved, it will mean that for the duration of the approval, the 
program will not be deemed to contravene the Code. If a special program 
does not have prior Tribunal approval, there is no protection if a human 
rights complaint is filed based on the special program. 
b. Employment equity programs 
Employment equity programs may be developed and implemented without 
prior Tribunal approval. Section 42(1) of the Code provides that an 
employment equity program that meets the Code criteria is not 
discrimination or a contravention of the Code. If a human rights complaint 
is made against an employer that has implemented an employment equity 
program without prior Tribunal approval, the employer has the burden of 
proving that the program meets the requirements of s. 42(1). 
If an employer wants its employment equity program deemed not to be in 
contravention of the Code, it should seek Tribunal approval. A Tribunal 
approval of an employment equity program as a special program will have 
the same protection from a finding of discrimination as any other special 
program. 
It is important to note that a special program approval (whether it is a 
special program or an employment equity program approved as a special 
program) does not insulate the person or organization from a human rights 
complaint if the person or organization engages in discriminatory conduct 
that falls outside the terms of the Tribunal's approval. For example: 
o	if an employer has a Tribunal approval to hire a member of a visible 
minority to provide services to members of that same group, but the 
employer sexually harasses an employee, the Tribunal's approval 
will not insulate the employer from the sexual harassment complaint 
o	if a society has a Tribunal approval to hire women only to staff a 
transition house for women, but then, outside the terms of the 
approval, restricts the hiring to Caucasian women only, the society 
may be insulated from a human rights complaint on the basis of 
sex, but will not be insulated from a human rights complaint on the 
basis of race 
C. Requirements for Tribunal Approval of a Special Program 
Before applying for a special program approval, the Tribunal suggests that you 
consult with the appropriate community groups or organizations relating to the 
specific areas of disadvantage that is applicable to your special program. Further, 
if there is an organization or group specifically affected by a particular special 
program (for example, a union), they should be consulted and their position on 
the proposed program should be determined. 
When designing any special program, it is important to clearly identify the 
objectives and parameters of the program to minimize any negative impact on 
people who are not members of the target group for the program. Programs 
should be based on a prepared plan, outlining the terms, conditions and duration 
of the program. The plan should include mechanisms for monitoring and 
evaluating the program to ensure that it is still the most appropriate way to 
achieve the objective. 
To apply for a special program approval, you must write a letter to the Chair of 
the Tribunal, setting out your plan and addressing all of the factors set out below. 

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In any particular application, the Chair may require more or different mtormauon, 
in which case the Tribunal will contact you. The following criteria will be assessed 
flexibly. 
1.	Nature of the Sponsoring Organization: Describe the nature of the 
organization, or the areas of responsibility of the part of the organization, 
proposing the program. 
2.	Accountability and Monitoring: Describe who in the organization will be 
responsible for implementation of the program. Where applicable, describe 
the process for on-going monitoring of the program. Indicate whether you 
would be able to provide reporting on the program and indicate the 
evaluation mechanism or process to be used. 
Identification of Disadvantaged Individuals/Groups: Define as clearly 
as possible the designated individuals or groups which the program is 
designed to assist. Describe the specific nature of the disadvantage the 
program is designed to ameliorate. Describe the reasons why the 
individual or group is disadvantaged. 
4.	Benefit of the program: Describe in detail how the program will 
objectively improve the conditions of disadvantage experienced by the 
individual or group? Provide any advice, recommendations, or support 
from professional organizations, community organizations, or client 
representatives for your proposal. 
5.	Goals, timetables and anticipated results: Describe the goal of the 
special program and any applicable timetables or anticipated results. 
6.	Duration: Describe the duration of the program or how long it will take to 
complete the activity. 
7.	Eligibility Criteria: Describe the criteria which will be used to assess 
whether an individual is eligible for participation in the program. There 
should be clear and objective criteria for admission to the program. Where 
the criteria distinguish between individuals within the group, explain how 
the distinctions proposed are rationally related to the scheme of the 
proposal. 
8.	Identification of Third Party Interests: Describe how employees and/or 
current service providers and recipients have been consulted about the 
objectives of the proposal and the impact it may have on their interests. 
What other organizations, unions, or associations have a direct interest in 
the implementation of this program activity? If there is a union or employee 
association involved in the workplace, ask their position on the special 
program. The Tribunal requires a written statement of the union's or 
employee association's position and will need the name of the association 
or union and local and the name, address and phone number for the 
president of the local or employee association. The approval application to 
the Tribunal should be copied to the employee or union representative. 
If there is no union or employee association, explain how you have 
consulted with the employees or with program service recipients. Provide 
a list of other local or regional organizations or associations that may be 
affected by the proposal, including contact names, addresses and phone 
numbers and their positions on the proposed program. If appropriate, the 
Tribunal may contact these organizations. 
Before the Chair will approve a special program, the Chair will need to be 

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satisfied that all the relevant criteria above are met. Your application should be 
as comprehensive as possible. 
All special program approvals are time-limited. Generally, the Tribunal will 
provide approvals for 6 months up to five years. If the need for the special 
program still exists after the expiry of the approval, a renewal application may be 
made. If your application is for a renewal of a previous approval (whether issued 
by the former Human Rights Commission or by the Tribunal), you must also 
address the factors set out in section E, below. 
Depending on the nature of the program, Tribunal may require periodic reporting. 
D. Requirements for Tribunal Approval of an Employment Equity Program 
Although employment equity programs can be one type of special program under 
the Code, they are different in nature and the Tribunal requires different 
information to approve an employment equity program. 
To apply for a special program approval of an employment equity program, you 
must write a letter to the Chair of the Tribunal, setting out your employment 
equity plan and addressing each of the factors set out below. In any particular 
application, the Chair may require more or different information, in which case 
the Tribunal will contact you. The following criteria will be assessed flexibly. 
The Chair will assess the application for a special program approval of an 
employment equity program on the basis of four broad criteria: 
1.	Adequate preparation: were consultative methods and internal 
management arrangements put in place? 
In particular, there should be: 
o	a formal policy circulated to all employees, job applicants and 
employee representatives to demonstrate corporate commitment to 
eliminating discrimination and achieving employment equity. 
o	a senior manager responsible for the program who reports directly 
to the executive to provide the program with credibility. The senior 
manager must have authority and resources to plan and direct 
comprehensive workplace strategies. Managers and supervisors 
throughout the organization must be accountable for implementing 
the program and performance should be evaluated in this respect. 
o	consultation and cooperation with employee and/or union 
representatives, where applicable, respecting the preparation, 
implementation, and monitoring of the program. 
o	a comprehensive approach to employment equity to ensure that all 
the specified groups will be included in the program to the 
extent possible and relevant. In some cases, there may be a good 
reason not to include a particular specified group; for example, the 
nature of the business may focus on one of the designated groups. 
Generally, all specified groups should be included. 
o	consultation with organizations representing each of the 
specified groups on the design and implementation of the 
program. Each representative organization may have different 
issues that they believe should be addressed. 

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o	a communications and education strategy so employees 
understand the program's purpose, how it will be implemented, who 
is responsible, and how they can participate. Supervisors and 
management may require employment equity training and 
education on issues such as harassment and cultural differences. 
2.	Objective assessment: is the program based on objective evidence 
and a sound assessment of the conditions of members of the 
specified groups in the employer's workforce? 
In particular, there should be: 
e(an analysis of the workforce to identify where members of 
. specified groups may be under-represented or over-concentrated 
as compared to the availability of members of the specified groups 
in the general labour force. A workforce analysis may also help to 
determine the geographical area from which prospective 
employees may be drawn, the number and percentages of 
members of designated groups in the geographical area who could 
be potentially considered for employment, and an internal pool from 
which members of the specified groups could be drawn for 
promotion. There are two types of information required: 
't •• ~ an internal workforce survey where employees are asked 
to confidentially and voluntarily identify whether they belong 
to a particular specified group. That data should be collected 
for each specified group by organizational unit, job category 
and level, salary, and education. While information relating 
to sex may be more easily available to an employer, only 
those people who self-identify as a member of a specified 
group may be counted as such. (The purpose of the data is 
to identify workforce patterns, not to collect personal 
information about an individual employee. Any information 
collected should be treated as confidential, kept separate 
from regular personnel files, and not used for any other 
purpose. However, the data should be retained in such a 
way so that you can measure the success of the program or 
to identify where change is required. You may ask 
employees if they want to be identified for employment 
equity initiatives or programs.) 
•	an external survey of the general labour force to 
determine availability of the specified groups. Generally, 
employment equity programs are designed to assist in 
ensuring that the distribution of members of the specified 
groups would generally reflect their distribution in those 
segments of the general labour force that are identifiable by 
qualifications, eligibility, or geography and from which an 
employer may reasonably be expected to draw its 
employees. The Workplace Equity Officers located in the 
regional offices of Human Resources Development Canada 
can provide availability data which shows the distribution of 
members of the specified groups by occupational grouping in 
the current labour force. 
o	an employment systems review would help identify practices 
which, intentionally or not, have contributed to the under- 
representation or over-concentration of members of the specified 
groups. If the workforce analysis indicated under-representation or 

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over-concentration, there should be a review of employment 
systems to determine whether those systems have barriers to the 
equal participation of members of the specified groups. Such a 
review includes a review of all employment policies and practices 
including: recruitment, selection, hiring, promotion, development 
and training, discipline, retention and termination, transfers, terms 
and conditions of work (such as pay, benefits, leave, employment 
medical, childcare and harassment policies), and accessibi'ity and 
accommodation policies. The review may reveal neutral policies but 
each policy should be assessed to determine if they adversely 
affect a member of a specified group. The team reviewing the 
systems should be independent and supported, and should consist 
of management, employees, union representatives and members of 
the specified group from within and outside the workplace. The 
team should report its conclusions and recommendations directly to 
the senior manager responsible for the program. 
3.	Appropriate program design: does the program establish appropriate 
numerical and qualitative objectives and timelines? 
If the workforce survey identifies under-representation or over- 
concentration of members of a specified group, there should be: 
o	short and long-term goals and timetables established to 
increase representation in each job category and at each level. 
These goals and timetables should be based on an assessment of 
the number of openings likely to be available (considering 
expansion or contraction of the workforce and turnover and 
retirement rates), as well as the availability of qualified members of 
the specified groups in the available labour force. 
o	identification of corrective, remedial and support measures to 
ensure the workplace is welcoming and respectful for all 
employees: 
•	corrective measures might include anti-harassment 
policies, workplace education, non-discriminatory pay 
policies, or removing physical or other barriers to 
accessibility. 
•	remedial measures may be time-limited, but could include 
outreach recruitment, mentorship programs, developmental 
positions, targeted training programs, reasonable 
accommodation policies. Other remedial measures which 
are acceptable (but should be well-supported by 
documentation as to the specific problem being addressed) 
could include: exercising preference in favour of members of 
the specified groups in hiring, training, or promotions, or 
restricting competitions for some jobs to members of the 
specified groups. 
•	support measures could be permanent and would be 
designed to assist members of the specified groups but 
could also be available to all employees. such as flexible 
work arrangements or workplace childcare. 
o	an employment equity plan is an integral part of the organization's 
overall operational plans. The employment equity plan should 
include: 

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•	numerical goals and timetables for increasing the 
representation of under-represented members of specified 
groups 
•	goals and timetables for eliminating discriminatory barriers 
identified in the employment systems review and the 
introduction of new policies and corrective measures 
• implementation of a communications plan 
•	a schedule for implementation of remedial and support 
measures 
•	a monitoring plan and timetable for producing monitoring 
reports 
• an evaluation process to review the effectiveness of the plan 
4.	Effective implementation, monitoring and evaluation strategies: does 
the program provide for measures which are likely to ameliorate the 
identified conditions of disadvantage and is there monitoring of 
these measures in order to evaluate progress? 
o	effective implementation through the assignment of responsibility 
to managers and integration of accountability into performance 
planning and appraisal systems. On-going consultation and 
communication are essential. 
Q~~effective monitoring allows employers to measure progress and 
adjust the program as necessary. Monitoring also enables 
employers to track the hiring, movement and retention of members 
of the specified groups. Monitoring will also provide a means of 
assessing the effectiveness of changes in empioyment policies and 
practices, highlighting both problems and progress. Monitoring 
systems should include a means of tracking and analyzing 
statistical information as well as other feedback systems (such as 
employees, supervisors, managers, union representatives, and 
members of the specified groups from both within the workplace 
and outside) to assist in assessing the impact and effectiveness of 
the program. 
evaluation of the effectiveness of the program based on the 
data provided by the monitoring systems. Reviews or evaluations 
should be conducted with sufficient frequency to identify any need 
for changes to the program. The program should be related to the 
current situation in the workplace which can reasonably be 
expected to change over time. Evaluation reports will also facilitate 
accountability within the organization and communications with 
employees and/or client groups. 
Before the Tribunal will approve an employment equity program as a special 
program under the Code, the Tribunal will need to be satisfied that all the 
relevant criteria above are met and that the employment equity plan will achieve, 
or is reasonably likely to achieve the amelioration of conditions of disadvantaged 
individuals or groups who are disadvantaged because of race, colour, ancestry, 
place of origin, physical or mental disability, or sex. Your application should be as 
comprehensive as possible. As with any special program, the Tribunal may 
require periodic reporting. 
All special program approvals are time-limited. Generally, the Tribunal will 

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provide approvals for 6 months up to five years, although employment equity 
program approvals will likely be tor at least several years. It the need tor the 
special program still exists after the expiry of the approval, a renewal application 
may be made. If your application is for a renewal of a previous approval (whether 
issued by the former Human Rights Commission or by the Tribunal), you must 
also address the factors set out in section E, below. 
E. Renewals of Tribunal Approvals 
If a person or organization with a Tribunal or former Human Rights Commission 
special program approval wants to renew that approval, they must apply by 
writing to the Chair of the Tribunal well before the expiry of the approval. The 
renewal application for a general special program must address all of the factors 
set out in section C, above. If the person or organization is seeking a renewed 
approval for an employment equity program, they must address all of the relevant 
factors set out in section D, above. 
When making an application for renewed approval of either a general special 
program or an employment equity program, every applicant must also address 
the effectiveness of the previous special program for which renewal is sought. 
The Tribunal will require a report respecting the implementation of the program 
and information about its effect on the targeted group. In particular, the applicant 
should: 
Describe the successes and challenges encountered in 
implementing and operating the previous special program as well 
as any outcomes. Describe how the program ameliorated the 
conditions of disadvantage for the targeted individuals or groups. If 
applicable, indicate the number of disadvantaged individuals who 
benefited from the special program, and/or otherwise how the 
special program assisted in ameliorating the conditions of 
disadvantage of the targeted individuals or group. The applicant 
may include statistics or other documentation supporting the 
application. 
Appendix "A": Sections 3 and 42 of the Code 
HUMAN RIGHTS CODE 
RSBC 1996, CHAPTER 210 (as amended) 
Purposes 
3. The purposes of this Code are as follows: 
a.	to foster a society in British Columbia in which there are no impediments 
to full and free participation in the economic, social, political and cultural 
life of British Columbia; 
b.	to promote a climate of understanding and mutual respect where all are 
equal in dignity and rights; 
c. to prevent discrimination prohibited by this Code; 
d.	to identify and eliminate persistent patterns of inequality associated with 
discrimination prohibited by this Code; 
e. to provide a means of redress for those persons who are discriminated 

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against contrary to this Code. 
f.	[Repealed 2002-62-2.] 
g.	[Repealed 2002-62-2.] 
Special programs 
42. 
1.	It is not discrimination or a contravention of this Code to plan, advertise, 
adopt or implement an employment equity program that 
a.	has as its objective the amelioration of conditions of disadvantaged 
individuals or groups who are disadvantaged because of race, 
colour, ancestry, place of origin, physical or mental disability, or 
sex, and 
b. achieves or is reasonably likely to achieve that objective. 
2. [Repealed 2002-62-23.] 
3.	On application by any person, with or without notice to any other person, 
the chair, or a member or panel designated by the chair, may approve any 
program or activity that has as its objective the amelioration of conditions 
of disadvantaged individuals or groups. 
4.	Any program or activity approved under subsection (3) is deemed not to 
be in contravention of this Code. 

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