Anti-Racism Act

Anti-Racism Act 22 2024 May 16, 2024 524872423/1777135089/875560188 E4tlc24022 1 Interpretation and Principles Interpretation 1 1 In this Act: action plan , except in section 3 (3) (a), means the provincial anti-racism action plan developed under section 3 [anti-racism action plan] ; committee means the Provincial Committee on Anti-Racism established under section 5; community harm has the same meaning as in section 1 [definitions] of the Anti-Racism Data Act ; Indigenous peoples has the same meaning as in section 1 (1) [interpretation] of the Declaration on the Rights of Indigenous Peoples Act ; public body has the same meaning as in section 1 of the Anti-Racism Data Act ; publish , in relation to a document, means to publish the document in a manner that can reasonably be expected to bring the document to the attention of the public. 2 For the purposes of implementing this Act, the government and public bodies must consider a the diversity of the Indigenous peoples in British Columbia, particularly the distinct languages, cultures, customs, practices, rights, legal traditions, institutions, governance structures, relationships to territories and knowledge systems of the Indigenous peoples in British Columbia, and b systemic racism specific to Indigenous peoples that is rooted in colonial practices, policies and laws. Principles 2 This Act must be administered and interpreted in accordance with the following principles: a systemic racism, systemic racism specific to Indigenous peoples and racial inequity are harming individuals and communities in British Columbia and require urgent action; b actions to identify and eliminate systemic racism and systemic racism specific to Indigenous peoples, and advance racial equity, in programs, services, policies and laws should be informed by data; c in taking action to identify and eliminate systemic racism and advance racial equity, consideration must be given to the ways in which an individual's intersecting identities, including, without limitation, gender identity or expression, sexual orientation, sex or religion, or an individual's physical or mental disability, result in unique experiences of, or an increased risk of experiencing, systemic racism and racial inequity; d consultation and cooperation with Indigenous peoples, acknowledging the rights, interests, priorities and concerns that are specific to First Nations peoples, Métis peoples and Inuit peoples, based on distinctions among them, is essential to the identification and elimination of systemic racism specific to Indigenous peoples and the advancement of racial equity and the implementation of this Act; e engagement with racialized communities in British Columbia is essential to the identification and elimination of systemic racism and the advancement of racial equity and the implementation of this Act; f investment in programs and services is needed to support healing for individuals and communities harmed by systemic racism, systemic racism specific to Indigenous peoples and racial inequity. 2 Anti-Racism Action Plan Anti-racism action plan 3 1 The government must, on or before June 1, 2026, develop a provincial anti-racism action plan for identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples, and advancing racial equity, in British Columbia. 2 The action plan must be developed and revised a in consultation and cooperation with Indigenous peoples, and b through engagement with racialized communities. 3 In developing and revising the action plan, the government must consider a the action plan prepared under section 4 [action plan] of the Declaration on the Rights of Indigenous Peoples Act , and b the research priorities established under section 17 [research priorities] of the Anti-Racism Data Act . Action plan requirements 4 1 The action plan must include a actions to be taken by public bodies toward identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples and advancing racial equity, b actions to be taken by public bodies toward addressing the harms of systemic racism, systemic racism specific to Indigenous peoples, Islamophobia and antisemitism, c targets for public bodies in relation to identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples, advancing racial equity and addressing the harms referred to in paragraph (b), and d indicators by which progress toward meeting each target under paragraph (c) is to be assessed. 2 Before the matters set out in subsection (1) are included in the action plan in relation to a public body, the government must consult with the public body. 3 The government must a review the action plan at least once every 2 years, and b revise the action plan as appropriate following each review. 4 As soon as practicable after the action plan is developed or revised, the minister must a publish the action plan, and b make the action plan available in accessible formats. 3 Provincial Committee on Anti-Racism Provincial Committee on Anti-Racism 5 1 The minister must establish a Provincial Committee on Anti-Racism. 2 The minister must appoint at least 7 and not more than 11 members to the committee. 3 All members must be individuals who a are racialized, and b have expertise in working to eliminate systemic racism and advance racial equity. 4 The committee must include the following as members: a at least 2 individuals who represent organizations that support racialized individuals or communities; b at least 2 individuals who have expertise in systems thinking theory and practice; c at least 2 individuals who have expertise in the development and delivery of anti-racism training curricula. 5 The minister may appoint a member as the chair of the committee. 6 An individual may be a appointed as a committee member for an initial term of up to 3 years, and b reappointed as a committee member for one or more additional terms of up to 3 years. 7 An individual may not serve as a committee member for more than 6 consecutive years. 8 An individual who has served 6 consecutive years is not eligible to be reappointed as a committee member. 9 The committee may make rules a respecting the calling and conduct of its meetings, and b creating subcommittees, appointing committee members to subcommittees and setting out the powers and duties of subcommittees. 10 In accordance with the general directives of Treasury Board, the minister may a reimburse or pay an allowance to committee members for reasonable travelling and out-of-pocket expenses necessarily incurred in carrying out their duties, and b pay remuneration to committee members. Code of conduct and conflict of interest requirements 6 1 The minister must establish a code of conduct and conflict of interest requirements for committee members. 2 A committee member must comply with the code of conduct and conflict of interest requirements established by the minister. Role of committee 7 1 The committee is to advise the government with respect to a identifying and eliminating systemic racism and advancing racial equity, b developing and revising the action plan, and c implementing this Act and the regulations. 2 The committee is to advise public bodies with respect to a identifying and eliminating systemic racism and advancing racial equity, and b implementing the action plan. 3 The committee may publish reports respecting its advice to the government and public bodies under subsections (1) and (2). 4 A report published under subsection (3) must be made available in accessible formats. Consultants and specialists 8 1 The minister may engage or retain consultants or specialists that the minister considers necessary to assist the committee and may determine their remuneration. 2 The Public Service Act does not apply to a person engaged or retained under subsection (1). 4 Systemic Racism Specific to Indigenous Peoples Duties of government 9 1 In consultation and cooperation with Indigenous peoples, the government must a develop an anti-racism assessment framework for the conduct of anti-racism assessments by public bodies in relation to systemic racism specific to Indigenous peoples, b set standards and targets for public bodies in relation to anti-racism training curricula and anti-racism training in relation to systemic racism specific to Indigenous peoples, and c set indicators by which progress toward meeting each target under paragraph (b) is to be assessed. 2 The government must consult with public bodies for the purposes of developing the framework and setting the standards, targets and indicators referred to in subsection (1). Public body must consult and cooperate with Indigenous peoples 10 A public body must consult and cooperate with Indigenous peoples in complying with this Part. Actions against Indigenous-specific systemic racism 11 1 A public body must take actions to identify and eliminate systemic racism specific to Indigenous peoples, and to advance racial equity with respect to Indigenous peoples, in relation to its policies, programs and services. 2 The actions taken by the public body under subsection (1) must, at a minimum, include a any actions in relation to systemic racism specific to Indigenous peoples included in the action plan for the public body, b actions toward meeting the targets for anti-racism training curricula and anti-racism training referred to in section 9 (1) (b), and c actions toward meeting the targets for recruitment, retention and advancement referred to in section 14 (1) (a). 3 Before taking an action under subsection (1), the public body must consider the following, as applicable: a information referred to in Part 2 of the Anti-Racism Data Act relating to the identification and elimination of systemic racism specific to Indigenous peoples and the advancement of racial equity with respect to Indigenous peoples; b research respecting the identification and elimination of systemic racism specific to Indigenous peoples and the advancement of racial equity with respect to Indigenous peoples referred to in section 17 [research priorities] of the Anti-Racism Data Act ; c statistics or other information respecting systemic racism specific to Indigenous peoples and racial equity with respect to Indigenous peoples published under section 19 [publish statistics or other information] of the Anti-Racism Data Act ; d the results of anti-racism assessments conducted by the public body under section 12; e information respecting systemic racism specific to Indigenous peoples provided by Indigenous peoples. 4 In receiving or using information referred to in subsection (3) (e), a public body must a consider the identification, prevention, mitigation and minimization of community harm, and b comply with any other requirements established by regulation. Indigenous-specific anti-racism assessment 12 1 A public body must conduct anti-racism assessments in accordance with the anti-racism assessment framework developed under section 9 (1) (a) [duties of government] . 2 The purpose of an anti-racism assessment under subsection (1) is to inform actions taken by the public body under section 11 (1), including, without limitation, actions with respect to a revising, terminating or replacing policies, programs and services that may perpetuate systemic racism specific to Indigenous peoples, and b developing policies, programs and services for the purposes of identifying and eliminating systemic racism specific to Indigenous peoples and advancing racial equity. Indigenous-specific anti-racism training 13 1 A public body must establish a training curriculum with respect to a the history and culture of Indigenous peoples, b the United Nations Declaration on the Rights of Indigenous Peoples, c systemic racism, intergenerational trauma and violence rooted in colonialism experienced by Indigenous peoples, d treaty rights and treaty first nation relations with government, and e practices to respect and support the cultural safety of Indigenous peoples. 2 A public body must provide training to employees and volunteers of the public body, and contractors engaged by the public body, in accordance with the curriculum. 3 The curriculum and training must meet the standards set under section 9 (1) (b) [duties of government] . Indigenous-specific recruitment, retention and advancement 14 1 A public body must establish a targets for i the recruitment, retention and advancement of Indigenous individuals within the public body, and ii the recruitment, retention and advancement of Indigenous individuals within senior levels of the public body, and b indicators by which progress toward meeting each target is to be assessed. 2 A public body must a review the targets and indicators at least once every 2 years, and b revise the targets and indicators as appropriate following each review. 5 Systemic Racism Duties of committee 15 1 The committee must a develop an anti-racism assessment framework for the conduct of anti-racism assessments by public bodies, b set standards and targets for public bodies in relation to anti-racism training curricula and anti-racism training, and c set indicators by which progress toward meeting each target under paragraph (b) is to be assessed. 2 The committee must develop the framework and set the standards, targets and indicators referred to in subsection (1) a through collaboration with racialized communities, and b in consultation with public bodies. Public body must engage with racialized communities 16 A public body must engage with racialized communities in complying with this Part. Actions against systemic racism 17 1 A public body must take actions to identify and eliminate systemic racism, and advance racial equity, in relation to its policies, programs and services. 2 The actions taken by the public body under subsection (1) must, at a minimum, include a any actions included in the action plan for the public body, b actions toward meeting the targets for anti-racism training curricula and anti-racism training referred to in section 15 (1) (b), and c actions toward meeting the targets for recruitment, retention and advancement referred to in section 20 (1) (a). 3 Before taking an action under subsection (1), the public body must consider the following, as applicable: a information referred to in Part 2 of the Anti-Racism Data Act relating to the identification and elimination of systemic racism and the advancement of racial equity; b research respecting the identification and elimination of systemic racism and the advancement of racial equity referred to in section 17 [research priorities] of the Anti-Racism Data Act ; c statistics or other information respecting systemic racism and racial equity published under section 19 [publish statistics or other information] of the Anti-Racism Data Act ; d any advice or other information respecting systemic racism and racial equity provided to the public body by the committee; e the results of anti-racism assessments conducted by the public body under section 18 (1); f information respecting systemic racism and racial inequity provided by racialized communities. 4 In receiving or using information referred to in subsection (3) (f), a public body must a consider the identification, prevention, mitigation and minimization of community harm, and b comply with any other requirements established by regulation. Anti-racism assessment 18 1 A public body must conduct anti-racism assessments in accordance with the anti-racism assessment framework developed under section 15 (1) (a) [duties of committee] . 2 The purpose of an anti-racism assessment under subsection (1) is to inform actions taken by the public body under section 17 (1), including, without limitation, actions with respect to a revising, terminating or replacing policies, programs and services that may perpetuate systemic racism and racial inequity, and b developing policies, programs and services for the purposes of eliminating systemic racism and advancing racial equity. Anti-racism training 19 1 A public body must establish a training curriculum with respect to systemic racism and racial inequity. 2 A public body must provide training to employees and volunteers of the public body, and contractors engaged by the public body, in accordance with the curriculum. 3 The training must meet the standards set by the committee under section 15 (1) (b) [duties of committee] . Recruitment, retention and advancement 20 1 A public body must establish a targets for i the recruitment, retention and advancement of racialized individuals within the public body, and ii the recruitment, retention and advancement of racialized individuals within senior levels of the public body, and b indicators by which progress toward meeting each target is to be assessed. 2 A public body must a review the targets and indicators at least once every 2 years, and b revise the targets and indicators as appropriate following each review. 6 Compliance Compliance review 21 1 The minister may, at any time, appoint a person to review the following in relation to one or more public bodies: a the public body's compliance with the Act and the regulations; b the progress made by the public body in implementing the action plan in relation to the public body, including, without limitation, i the progress of the public body toward meeting the targets established in the action plan for the public body, and ii the effectiveness of the actions taken in relation to identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples, and advancing racial equity, in its policies, programs and services; c any other actions taken by the public body to identify and eliminate systemic racism and systemic racism specific to Indigenous peoples, and advance racial equity, in its policies, programs and services. 2 The minister may establish terms and conditions for the review. 3 A person appointed under subsection (1) must carry out the review in accordance with the terms and conditions established by the minister. 4 On completing the review, the person appointed must submit to the minister a report that sets out a the findings of the review, and b the person's recommendations, if any, with respect to the matters set out in subsection (1). 5 As soon as practicable after the minister receives the report under subsection (4), the minister must a table the report in the Legislative Assembly if the Legislative Assembly is then sitting, or b file the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting. 6 As soon as practicable after complying with subsection (5), the minister must a publish the report, and b make the report available in accessible formats. Compliance order 22 1 The minister may make a compliance order requiring a public body to take the actions specified by the minister if, in the minister's opinion, the public body has failed to a comply with this Act or the regulations, or b make satisfactory progress in taking the actions included in the action plan in relation to the public body. 2 Before making a compliance order under subsection (1) with respect to a public body, the minister must provide the public body with a notice of the proposed order, and b an opportunity to provide comments. 3 The minister must, in making a compliance order, consider the following: a the actions taken by the public body toward identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples and advancing racial equity; b the progress of the public body toward meeting the targets established in the action plan for the public body; c any advice received from the committee in relation to the public body; d any recommendations received in relation to the public body from a person appointed under section 21 (1) or 26 (1). 4 As soon as practicable after making a compliance order, the minister must publish the order. 7 Accountability Annual report of public body 23 1 For each fiscal year of the government beginning on or after April 1, 2026, a public body must prepare a report that describes the actions taken in that year by the public body to identify and eliminate systemic racism and systemic racism specific to Indigenous peoples and advance racial equity. 2 An annual report must include information about the progress of the public body with respect to a meeting the targets for the public body set out in the action plan, assessed against the indicators set out in the action plan, b meeting the targets for anti-racism training curricula and anti-racism training referred to in sections 9 (1) (b) [duties of government] and 15 (1) (b) [duties of committee] , assessed against the indicators set under sections 9 (1) (c) and 15 (1) (c), c taking the actions referred to in sections 11 (1) [actions against Indigenous-specific systemic racism] and 17 (1) [actions against systemic racism] , and d meeting the targets for recruitment, retention and advancement referred to in sections 14 (1) (a) [Indigenous-specific recruitment, retention and advancement] and 20 (1) (a) [recruitment, retention and advancement] , assessed against the indicators established by the public body under sections 14 (1) (b) and 20 (1) (b). 3 A public body must submit an annual report for a fiscal year of the government to the minister on or before May 31 in the following fiscal year. 4 As soon as practicable after submitting an annual report to the minister, a public body must a publish the report, and b make the report available in accessible formats. Public response 24 As soon as practicable after publishing a report under section 23 (4), a public body must a seek the views of the public with respect to the report, and b create opportunities for respectful, open and effective dialogue among Indigenous peoples, racialized communities and representatives of the public body. Annual report of minister 25 1 For each fiscal year of the government beginning on or after April 1, 2026, the minister must prepare a report that describes a the actions taken in that year by public bodies to identify and eliminate systemic racism and systemic racism specific to Indigenous peoples and advance racial equity, and b the progress made by public bodies in meeting i the targets set out in the action plan, assessed against the indicators set out in the action plan, ii the targets for anti-racism training curricula and anti-racism training referred to in sections 9 (1) (b) and 15 (1) (b), assessed against the indicators set under sections 9 (1) (c) and 15 (1) (c), and iii the targets for recruitment, retention and advancement referred to in sections 14 (1) (a) and 20 (1) (a), assessed against the indicators set under sections 14 (1) (b) and 20 (1) (b). 2 For the purposes of preparing a report under subsection (1), the minister must consider the reports made public by public bodies, or by the government, in the fiscal year in relation to systemic racism, systemic racism specific to Indigenous peoples and racial inequity. 3 The minister must, on or before September 30 in each fiscal year, a publish the report for the previous fiscal year of the government, and b make the report available in accessible formats. Independent review of Act and regulations 26 1 On or before May 1, 2029, and within every 5 years after that, the minister must appoint a person to conduct an independent review of this Act and the regulations. 2 The minister may establish terms and conditions for the reviews. 3 The terms and conditions must require the person appointed to review a the effectiveness of this Act and the regulations, and b the progress made by public bodies in implementing the action plan and this Act and the regulations, including, without limitation, i the alignment of actions taken by public bodies to the targets in the action plan, and ii the effectiveness of actions taken by public bodies in relation to identifying and eliminating systemic racism and systemic racism specific to Indigenous peoples and advancing racial equity. Review requirements 27 1 A person appointed under section 26 (1) must carry out the review in accordance with the terms and conditions established by the minister. 2 The person appointed must carry out the review in consultation and cooperation with Indigenous peoples. 3 The person appointed must consult with at least the following during the review: a individuals with expertise in working to eliminate systemic racism specific to Indigenous people and advance racial equity; b individuals with expertise in working to eliminate systemic racism and advance racial equity; c racialized individuals and communities; d organizations that support racialized individuals or communities; e the committee; f the Human Rights Commissioner appointed under the Human Rights Code . 4 On completing the review, the person appointed must submit to the minister a report that sets out a the findings of the review, and b the person's recommendations, if any, for i actions to be taken to improve the implementation of the action plan or the implementation or effectiveness of the Act and the regulations, and ii amendments to the Act and the regulations. 5 As soon as practicable after the minister receives the report under subsection (4), the minister must a table the report in the Legislative Assembly if the Legislative Assembly is then sitting, or b file the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting. 6 As soon as practicable after complying with subsection (5), the minister must a publish the report, and b make the report available in accessible formats. 8 Grants Application for grant 28 1 An Indigenous organization that supports First Nations, Métis or Inuit individuals or groups in British Columbia may apply to the minister for a grant for the following purposes: a identifying and eliminating systemic racism specific to Indigenous peoples and advancing racial equity; b addressing the harm to Indigenous individuals, and community harm, caused by systemic racism specific to Indigenous peoples. 2 A not-for-profit organization other than an organization described in subsection (1) that supports racialized individuals or groups of racialized individuals in British Columbia may apply to the minister for a grant for the following purposes: a identifying and eliminating systemic racism and advancing racial equity; b addressing the harm to individuals, and community harm, caused by systemic racism and racial inequity. 3 An application for a grant under this section must a set out the nature of the program for which the grant is requested, and b provide any other information and records the minister may require. Minister may provide grant 29 1 The minister may set the criteria on which grant applications under section 28 (1) or (2) are to be assessed. 2 The minister may, in the minister's sole discretion, make a grant to an applicant under section 28 (1) or (2) out of money appropriated by the Legislature for that purpose if the application meets the criteria set under subsection (1) of this section. 3 The minister may impose the terms and conditions on a grant made under this section that the minister considers appropriate. 9 General Section 5 of Offence Act does not apply 30 Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations. Regulations 31 1 The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: a respecting accessible formats for documents published under this Act; b respecting anti-racism assessments and the anti-racism assessment framework developed under section 9 (1) (a) [duties of government] or 15 (1) (a) [duties of committee] , including, without limitation, respecting i the form and content of anti-racism assessments, and ii the frequency with which anti-racism assessments must be carried out; c respecting anti-racism training curricula and anti-racism training and the standards, targets and indicators set by the government under section 9 (1) (b) and (c) or by the committee under section 15 (1) (b) and (c); d for the purposes of section 11 (4) (b) [actions against Indigenous-specific systemic racism] , establishing requirements in relation to the receipt and use of information referred to in section 11 (3) (e); e for the purposes of section 17 (4) (b) [actions against systemic racism] , establishing requirements in relation to the receipt and use of information referred to in section 17 (3) (f); f respecting grants under section 29 [minister may provide grant] , including, without limitation, i restricting the purposes, amounts or recipients of those grants, and ii respecting the terms and conditions on which the grants may or must be given. 3 A regulation under this Act may do one or more of the following: a delegate a matter to a person; b confer a discretion on a person; c establish or define groups or categories of public bodies, persons, things, circumstances or other matters; d make different regulations in relation to different public bodies, persons, things, circumstances or other matters, or for different groups or categories of public bodies, persons, things, circumstances or other matters. Related Amendments 32-33 [Note: See Table of Legislative Changes for the status of sections 32 and 33.] Section(s) Affected Act 32 – 33 Multiculturalism Act Commencement 34 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: Item Column 1 Provisions of Act Column 2 Commencement 1 Anything not elsewhere covered by this table The date of Royal Assent 2 Sections 32 and 33 June 30, 2024