s.14 — Special programs

14 (1) A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I. (2) A person may apply to the Commission for a designation of a program as a special program for the purposes of subsection (1). (3) Upon receipt of an application, the Commission may, (a) designate the program as a special program if, in its opinion, the program meets the requirements of subsection (1); or (b) designate the program as a special program on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1). (4) The Commission may, on its own initiative, inquire into one or more programs to determine whether the programs are special programs for the purposes of subsection (1). (5) At the conclusion of an inquiry under subsection (4), the Commission may designate as a special program any of the programs under inquiry if, in its opinion, the programs meet the requirements of subsection (1). (6) A designation under subsection (3) or (5) expires five years after the day it is issued or at such earlier time as may be specified by the Commission. (7) If an application for renewal of a designation of a program as a special program is made to the Commission before its expiry under subsection (6), the Commission may, (a) renew the designation if, in its opinion, the program continues to meet the requirements of subsection (1); or (b) renew the designation on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1). (8) In a proceeding, (a) evidence that a program has been designated as a special program under this section is proof, in the absence of evidence to the contrary, that the program is a special program for the purposes of subsection (1); and (b) evidence that the Commission has considered and refused to designate a program as a special program under this section is proof, in the absence of evidence to the contrary, that the program is not a special program for the purposes of subsection (1). (9) Subsections (2) to (8) do not apply to a program implemented by the Crown or an agency of the Crown. (10) For the purposes of a proceeding before the Tribunal, the Tribunal may make a finding that a program meets the requirements of a special program under subsection (1), even though the program has not been designated as a special program by the Commission under this section, subject to clause (8) (b).