Vol. 132, No. 13 — June 24, 1998

Registration
SI/98-79 24 June, 1998

AN ACT TO AMEND THE CANADA EVIDENCE ACT AND THE CRIMINAL CODE IN RESPECT OF PERSONS WITH DISABILITIES, TO AMEND THE CANADIAN HUMAN RIGHTS ACT IN RESPECT OF PERSONS WITH DISABILITIES AND OTHER MATTERS AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Order Fixing June 30, 1998 as the Date of the Coming into Force of the Act

P.C. 1998-1014 11 June, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 51 of An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts, assented to on May 12, 1998, being chapter 9 of the Statutes of Canada, 1998, hereby fixes June 30, 1998 as the day on which that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order provides for the coming into force, on June 30, 1998, of An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts.

This Act amends the Canada Evidence Act, the Criminal Code and the Canadian Human Rights Act in order to confirm and strengthen the equality rights of persons with disabilities. The Canadian Human Rights Act is further amended to provide additional protections and to make the administration of the Act more efficient.

The Canada Evidence Act is amended to allow for assistance for witnesses with communication disabilities and for witnesses to be able to use any sensory means to identify an accused.

The Criminal Code is amended to create an offence with respect to the sexual exploitation of persons with disabilities in a situation of dependency. Existing provisions are also amended to allow certain witnesses with disabilities to use videotaped evidence and to allow more persons with disabilities to serve on juries.

The amendments to the Canadian Human Rights Act will work to prevent discrimination against persons with disabilities within the federal sphere. A key amendment adds a provision that requires employers and service providers to accommodate the needs of people who are protected under the Act, except when that would cause undue hardship. Other amendments include the provision of monetary penalties for hate messages, the submission directly to Parliament of the annual report of the Canadian Human Rights Commission, the creation of the Canadian Human Rights Tribunal and increased awards for compensation for pain and suffering.

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