Intake Reassessments and Appeals

The following is a guide on what to do when you disagree with an inquiry decision.

Inquiry overview

In the inquiry process, you engaged with a Human Rights Officer (HRO) and provided your information that was assessed for a possible complaint under the Human Rights Act. The HRO reviewed the information provided and determined it did not meet the criteria for a complaint. For a complaint to be accepted by the Commission, you will need to demonstrate the following criteria:

  • There was an alleged act of discrimination (differential treatment, failure to accommodate, etc.).
  • The situation happened in a prohibited area (employment, accessing a service, etc.).
  • The treatment was based on a protected characteristic (disability, race, sex, etc.).
  • The last action of discrimination occurred in the last 12 months.
  • There is a reasonable connection between the alleged act of discrimination and the protected characteristic.
  • The potential Respondent is within provincial jurisdiction.

Example: A customer, who identifies as African Nova Scotian, enters a retail store, and is racially profiled by staff of the store. 

In this example, the act of discrimination is racial profiling. The prohibited area is access to services, and the protected characteristics are race and colour.

To help apply the criteria to your own situation, you can use this self-assessment tool. If you have not shown that your situation meets the criteria above, the Commission cannot accept your complaint.

When you disagree with a decision

If you disagree with the decision that your complaint cannot be accepted, there is an opportunity for a reassessment of the information and the opportunity to further demonstrate how your situation does meet the criteria noted above: protected characteristic (disability, race, sex, etc.), an act of discrimination (differential treatment, failure to accommodate, etc.) in a prohibited area (employment, accessing a service, etc.) that has occurred in the last 12 months within provincial jurisdiction.

The information you are providing for reassessment must be done in writing, it will be reviewed by the Commission’s Registrar. The Registrar will assess all relevant information submitted and will provide a response in writing. The Registrar will either return your inquiry to the complaint process to have a complaint form drafted, or they will provide you with written reasoning why your complaint could not be accepted. Following the written decision, you can either accept the reasoning provided from the Registrar, bringing your inquiry to an end, or you can request a decision by the Director and CEO of the Commission through an appeal. The Director's decision is final within the Commission's process and is reviewable only upon an application for Judicial Review to the Supreme Court of Nova Scotia.

An inquiry cannot be accepted as a complaint if the last date of discrimination is beyond the statutory 12 month filing period pursuant to the Human Rights Act. If your allegation is beyond the 12-month period but within 24 months, please see the Request for an Extension guide.

What the reassessment and appeal process does

The reassessment and appeal process ensures that the Human Rights Act is being administered as intended and that policy and procedures are being followed.

What the reassessment and appeal process does not do

  • A request for reassessment or an appeal will not allow the Commission to make exceptions to policy and will not allow inquiries to be investigated if the situation does not meet the criteria.
  • A request for reassessment or an appeal is based on an inquiry that has gone through the intake process. Inquiries received in the reassessment or appeal process, that have not already been considered through the intake process, will not be reviewed, and will be directed to the proper channels of the intake process.
  • The reassessment/appeal process is not a way to circumvent the intake process.
  • A reassessment or appeal will not address any aspect of an active or closed investigation.

What you need to do

Speak with an intake HRO about your situation. This person will review the information you have provided and determine if it is a possible complaint under the Act. If you have been told that your situation cannot be accepted as a complaint, you will be provided the reasoning for this determination. If the intake HRO has determined that it is not a possible complaint, they will direct you to the Commission website for the reassessment /appeal process. If you need an accommodation, please identify this to the HRO to further discuss.

Step 1: Review the reassessment/appeal process and complete the Reassessment and Appeal Form. Answer all questions and provide any additional information you would like to be considered. This is done in writing and must be submitted by email to HRCintakeappeals@novascotia.ca, or by mail to: HRC Intake Appeals PO Box 2221, Halifax, NS B3J 3C4.

Step 2: When the Reassessment and Appeal Form is received, the Commission’s Registrar will reassess the information provided.

The Registrar will either:

  • return the inquiry to the HRO to have a complaint form drafted and you will follow the normal complaint process, OR
  • provide written reasoning as to why your situation cannot be accepted as a complaint under the Human Rights Act. You will also be provided the opportunity to appeal the Registrar’s reassessment and request a final decision made by the Director and CEO of the Commission.

Step 3: If you disagree with the HRO’s decision and the Registrar’s reassessment, you can appeal to the Director of the Commission. You can respond to the email from the Registrar and indicate that you would like to appeal to the Director. The Director will review the information provided and make a final decision. You will be notified in writing of the final decision.