COVID-19 Response
1-Year Time Limit to File a Complaint
1-Year Time Limit to File a Complaint
The government declared a state of emergency in BC on March 18, 2020 because of the COVID-19 pandemic. In this situation, people may need more time to file a complaint. If you file your complaint late because of the pandemic, explain this on your complaint form.
Urgent Complaints
If your complaint is urgent because of the COVID-19 situation or for another reason, notify us when you file your complaint. Use one of these two methods:
- Explain the urgency in an email or letter. Example. Your landlord is trying to evict you because you have COVID-19 or because they think you might have it.
- Make an application for a Fast-Track Process
Mask Wearing Complaints
Tribunal process for mask wearing complaints
Many people are filing complaints related to mask wearing when seeking services. Often, people say that they can’t wear a mask because of a disability. They say they are denied services as a result.
The Tribunal will give the parties:
- information about the public order that requires masks
- guidance from the Office of the Human Rights Commissioner
- guidance from WorkSafe BC
- BC Human Rights Clinic Information for Customers and Service Providers
- BC Human Rights Clinic FAQs for Customers Seeking Accommodation
- BC Human Rights Clinic FAQs for Business Owners and Staff
The Tribunal encourages people to solve these problems by talking to the service provider. You can ask a service provider to change their policy. Send them the information listed above.
The Tribunal has issued two decisions addressing when the Tribunal will proceed with a complaint about mask wearing in the services context. One deals with disability and the other religion.
A case manager will ask the parties if they want to try to resolve the complaint quickly and informally. If so, the case manager will help the parties do this. If not, the Tribunal will put the complaint in the regular process.
Examples of complaints
To show possible discrimination under the Human Rights Code, you must show:
- The Respondent harmed you in the area you selected, such as a service or employment. This is called the "adverse effect".
- The harm is based on grounds you selected. You must show that the ground(s) "are a factor" in or are "connected to" the harm.
Some examples of the types of complaints related to mask wearing for COVID-19 that the Tribunal may process are:
Service settings:
- Customer making the complaint says they have a disability that prevents them from wearing a mask
- Customer who can’t wear a mask tells the service provider (store or hotel for example) that they need to be accommodated by not wearing a mask because of their disability
- Service provider still refuses the service because no mask is worn by the customer
Job settings:
- Worker says they have a disability that prevents them from wearing a mask
- Worker who can’t wear a mask tells their employer that they need to be accommodated by not wearing a mask because of their disability
- Employer treats the worker negatively (sends them home without pay, terminates them, assigns them to lower paying job for example) for not wearing a mask
Anyone wishing to file a mask use complaint must start one using a complaint form.
How to File Materials
The reception desk has reopened to the public. You can file materials by mail, fax, and email.
Filing Deadlines
If you have trouble meeting a filing deadline because of the COVID-19 situation, contact your case manager.
Mediations and Hearings
Most hearings and mediations are occurring by phone or video due to COVID-19. Where in-person proceedings are necessary, we will contact you to discuss setting them up safely.
If your hearing is occurring by on-line video conference, please review the Guide to On-line Hearings.
Public Access to Hearings
The Tribunal recognizes the importance of having its hearings open to the public. Contact the Tribunal by email at BCHumanRightsTribunal@gov.bc.ca at least one week before the hearing to request dial in audio access (listen in only without video) at the presiding Member’s discretion. The email you send us must
- Identify the hearing from the hearing schedule
- Attach a completed and signed agreement to attend the virtual hearing that includes your name and the telephone number you will be dialing in with
Affidavits
The Tribunal will accept affidavits executed following the process identified by the BC Courts and approved by the Law Society of BC.
Return to Work Plan
See the Return to Work Plan page for information.