3 ms·
Section 42: Special programs 42 (1)It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an employment equity progr
by oh_sigh 5y ago
Section 42:
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, sex, sexual orientation, or gender identity or expression, 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(2)[Repealed 2002-62-23.]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 commissioner 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 not in contravention of this Code.
- kazinator 5y agoIf you have to stipulate in a legal statute that something is not discrimination, then it's highly probable that that sentence in that statute is the only thing that makes it not discrimination. Someone ignoring that sentence, but otherwise applying sound reasoning, will come to the conclusion that it's discrimination. For instance, if the criminal code said that "a person commits an offense if they thumb their nose at a passing police cruiser", then that would be the one and only sentence which makes that a crime. It could not be deduced from anywhere else.