Making an Inquiry

If you believe you have experienced harassment or discrimination based on a protected characteristic and would like to know if you have a complaint under the Nova Scotia Human Rights Act (the Act), the following information outlines the steps in the dispute resolution process.

The first step is to complete an Inquiry Form.

The Inquiry Form will help you explain what happened, when it happened, and how it affected you. The information you provide is used to assess your inquiry for a possible complaint under the Act.

When you have completed the form and answered all the questions, please email your form to HRCintake@novascotia. ca. Commission staff will review the information provided and follow up with you. You may be contacted for clarification, to provide further information, or documentation.

If you are unable to access the Inquiry Form electronically or prefer a paper copy, you can pick up a copy from the Commission’s office. You can also contact us at 902-424-4111 or toll free at 1-877-269-7699 and a copy can be mailed to you. You may also wish to use the online Self- Assessment Tool to help you apply the Act to your personal situation, but you don’t have to.

It is important to know that the Commission’s Human Rights Officers (HROs) do not represent you or advocate on your behalf. They are here to guide you through the process and answer any questions you may have.

What is a complaint?

Completing an Inquiry Form is not the same as filing a complaint. A complaint is drafted together with an HRO when you express an interest in filing a complaint under section 29 of the Act and it can be shown that the following criteria are met:

  • discrimination, as defined by section 4 of the Act, may have occurred;
  • the alleged discrimination occurred within one of the prohibited areas of the Act;
  • the alleged discrimination occurred on account of one of the protected characteristics of the Act;
  • a reasonable connection between your protected characteristic and the alleged discrimination can be made;
  • the parties to the alleged discrimination fall under the provincial jurisdiction of the Act, and;
  • the last date of alleged discrimination occurred within 12 months.

Only when these criteria are demonstrated can the Commission accept a complaint. A complaint is complete when it is signed and on the form prescribed by the Director. If the HRO determines through your conversations and the information you provided in the Inquiry Form that you do not have a complaint under the Act, they will explain why.

Why wasn’t my complaint accepted?

When seeking to make a complaint, you must establish that there has been prima facie (“on the face of it”) discrimination. The complainant must show the following: 

  • the complainant has a protected characteristic under the Nova Scotia Human Rights Act;
  • the complainant suffered a harm or was disadvantaged;
  • the protected characteristic was a factor in that disadvantage.

If you have not demonstrated a reasonable link between the

treatment experienced and these criteria, the inquiry cannot proceed through the process because it does not fall under the Act.

The Human Rights Officer said that I do not have a complaint, what now?

If the HRO determines through your conversations and the information you provided in the Inquiry Form that you do not have a complaint under the Act, they will explain why. There are several reasons why you may not have a complaint under the Act and the explanation will vary depending on the facts.

If you do not agree with the HRO’s assessment of your inquiry, you may request the decision be reassessed by the Commission’s Registrar. The Registrar will either return your inquiry to the HRO to gather further information or uphold the HRO’s decision.

If you do not agree with the Registrar’s reassessment of the inquiry, you can appeal the HRO’s recommendation to the Director and CEO of the Commission. This is the final appeal option in the Commission’s process

Any further appeal of this decision would have to be made to the Nova Scotia Supreme Court through a Judicial Review. All information about this process may be found on the court’s website.

What if the incident I am inquiring about happened more than 12 months ago?

An inquiry cannot be accepted as a complaint if the last date of alleged discrimination is beyond the statutory 12 month filing period as defined in the Act.

The Director and CEO of the Commission has the authority to grant an extension of up to an additional 12 months only under exceptional circumstances. You would apply to the Director and CEO to request an extension. The criteria assessed by the Director and CEO is your reason for not filing the complaint within the 12-month time period and what makes them exceptional circumstances. You must explain these exceptional circumstances in your application to the Director and CEO.

You would be notified by the office of the Director and CEO of any decision related to a request for extension. Any decision made by the Director and CEO is reviewable by the Supreme Court of Nova Scotia through a Judicial Review.

Inquiry Accepted

After your Inquiry Form has been received, an HRO will review the information provided to confirm sufficient detail, clarity and jurisdiction. They will also seek to verify that you have provided the legal name of the alleged respondent. This is necessary to have the complaint, or allegations responded to by the correct person(s).

If your inquiry meets the criteria, it can proceed through the complaint process. The information you provided will be formatted on an official complaint form and reviewed with you. Only a complaint form prescribed by the Director can be used. Completing an Inquiry Form is not  a complaint. At this time, you will sign, date, and submit the complaint form. As of the date you submit the signed form you will have an official human rights complaint.