Section 10 of the Alberta Human Rights Act prohibits:
A person who experiences retaliation, or a respondent who believes a complaint is frivolous or vexatious, can make a Section 10 complaint. The complaint form for Section 10 complaints is different from complaints of discrimination under the Act.
Retaliation is punishing or treating a person negatively in return for something that person did. The Act prohibits retaliation against a person who:
You can make a Section 10 complaint if you believe someone is retaliating against you because of your part in a human rights complaint. Section 10 does not apply to retaliation for making other types of complaints. For example, making a grievance or an internal complaint to an employer.
The Act says a person cannot make a human rights complaint with malicious intent that is frivolous or vexatious.
If you are a respondent and believe the complaint made against you is frivolous or vexatious, you must still complete a Response Form. You can note in Section D that you believe the complaint is frivolous and vexatious and should be dismissed. You can also make a Section 10 complaint.
If you wish to make a Section 10 complaint, you can take the following steps:
You have one year after the retaliation or frivolous or vexatious complaint to make a Section 10 complaint. The Commission’s usual complaint process applies to Section 10 complaints.
Not sure if Section 10 applies to you? Contact the Commission for help.
You can submit your completed Section 10 Complaint Form to the Commission by email. Refer to the Guidelines for e-mailing electronic documents for what you need to know before submitting a form or electronic documents by e-mail.
If you are unable to submit your complaint form by e-mail, refer to the complaint form for other options.
The one-year period or last date that you can make a complaint is one year after the discriminatory act or treatment occurred. The Alberta Human Rights Act specifies this one-year limit and does not allow exceptions.
For example, if you experienced discrimination on November 15, 2022, then the Commission must receive your complaint on or before November 15, 2023.
If you need help calculating your one-year period, contact the Commission.
If the last day of the one-year period is on a day when the Commission offices are closed (for example, a Saturday, Sunday or statutory holiday), then you can make a complaint on the next business day.
For example, the last day of your one-year period to make a complaint falls on a Sunday. The Commission must receive your complaint on the next business day (Monday).
The Commission can guide you on complaint requirements and how to complete forms. We do not give legal advice. You may need or want someone to represent you during the complaint process.
For example:
If you have someone other than a lawyer representing you, you must fill out an additional representative form.
You may also choose a lawyer to help you with your complaint. If you do get legal help, you pay the costs of the lawyer yourself. For more information on where to get legal help, refer to the Other helpful agencies page.
In deciding whether to accept your complaint, the Commission will assess it based on requirements in the Alberta Human Rights Act and the Commission’s Bylaws. The Commission may:
If the Commission asks you for more information, you must provide it in a timely manner or we may not continue processing your complaint.
If the Commission accepts your complaint, we will:
If the Commission rejects your complaint, we will write to you explaining why. If you disagree with the decision, we will explain how you can request a reconsideration.
Under section 21(1) in the Alberta Human Rights Act, the Director of the Commission can refuse or dismiss a complaint. For example, the Director may at any time dismiss a complaint, or part of the complaint, if they determine it:
Under section 21(2) in the Act, the Director may also refuse to accept or dismiss a complaint, or part of it, if it:
The Director may also dismiss a complaint or part of a complaint if the complainant refuses to accept a fair and reasonable proposed settlement.
The Director may refer the complaint to the Chief of the Commission and Tribunals for resolution.
The Director’s decision-making authority comes from section 21 of the Act.
The Director may or may not take carriage of the complaint before the Tribunal. This authority comes from section 29 of the Act.
The Alberta Human Rights Commission is committed to ensuring Indigenous Peoples have access to culturally appropriate services that consider the uniqueness of Indigenous culture and heritage. Indigenous people may use a variety of cultural or spiritual practices, including:
At the earliest opportunity, interested parties should inform the Commission of their request. If you are involved in the Tribunal process, read the Indigenous cultural/spiritual practices at Tribunal proceedings practice direction for more information.
The Commission aims to:
For the fiscal year 2021-22, complaints took an average of 538 days for the Director and staff to either resolve the complaint or make a decision to dismiss or refer the complaint to the Chief of the Commission and Tribunals. Many complaints resolve at conciliation, which takes less time.
For files that reach the Tribunal stage, in 2021-22, the overall average time for complaints to close was 721 days.
In some circumstances, additional time may be needed to process complaints if:
Refer to the 2021-22 Annual Report for more information on complaint resolution statistics.
The Commission is committed to ensuring that complainants, respondents, and all those who take part in our processes are able to fully participate. This outlines some of the services available to the public upon request. Refer to the information below to contact the Commission about requesting an accommodation.
Accommodations available
A variety of accommodations may be available to help parties fully participate in our complaint and tribunal processes, including:
This is not a complete list of all the accommodations available. Parties can work with the Commission to identify and request appropriate accommodations.
The Commission is also committed to ensuring our accommodation process is respectful of the diverse populations we serve. A formal request for accommodation is not always necessary. For instance, a party may inform the Commission of their correct pronoun prior to or at any point during the complaint or tribunal process (see the Tribunal’s practice direction on pronouns and form of address).
Factors impacting an accommodation request
The Commission is only required to provide accommodations for needs (not preferences) to the point of “undue hardship.” This means that if a requested accommodation impacts the timeliness of the complaint process or the right to a fair hearing, it may not be possible to provide. Instead, the Commission will work with the party to determine an appropriate accommodation that is less disruptive to the fairness of our processes, while still accommodating individual needs to the best of our ability.
The Commission may ask for information regarding an accommodation request, such as medical records, to:
How to request an accommodation
The party requesting an accommodation should contact the Commission and provide details of what they need. In some cases, the Commission may ask for more information, including relevant medical records. The party requesting the accommodation does not need to send their accommodation request to the other parties, unless the Commission thinks the accommodation could impact the rights of the other parties.
If you are involved in the Tribunal process, read the Accommodations practice direction for more information, including how to request accommodation.
Our vision is a vibrant and inclusive Alberta where the rich diversity of people is celebrated and respected, and where everyone has the opportunity to fully participate in society, free from discrimination.
