GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Human Rights Act — H-6 25
Definitions 25 In this Act, conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act , that has not been revoked or ceased to have effect; ( état de personne graciée ) conviction for which a pardon has been granted [Repealed, 2012, c. 1, s. 139] disability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug; ( déficience ) employee organization includes a trade union or other organization of employees or a local, the purposes of which include the negotiation of terms and conditions of employment on behalf of employees; ( organisation syndicale ) employer organization means an organization of employers the purposes of which include the regulation of relations between employers and employees; ( organisation patronale ) employment includes a contractual relationship with an individual for the provision of services personally by the individual; ( emploi ) Tribunal means the Canadian Human Rights Tribunal established by section 48.1. ( Tribunal ) R.S., 1985, c. H-6, s. 25; 1992, c. 22, s. 13; 1998, c. 9, s. 19; 2012, c. 1, s. 139
Canadian Human Rights Act — H-6
conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act , that has not been revoked or ceased to have effect; ( état de personne graciée )
Canadian Human Rights Act — H-6
conviction for which a pardon has been granted [Repealed, 2012, c. 1, s. 139]
Canadian Human Rights Act — H-6
disability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug; ( déficience )
Canadian Human Rights Act — H-6
employee organization includes a trade union or other organization of employees or a local, the purposes of which include the negotiation of terms and conditions of employment on behalf of employees; ( organisation syndicale )
Canadian Human Rights Act — H-6
employer organization means an organization of employers the purposes of which include the regulation of relations between employers and employees; ( organisation patronale )
Canadian Human Rights Act — H-6
employment includes a contractual relationship with an individual for the provision of services personally by the individual; ( emploi )
Canadian Human Rights Act — H-6
Tribunal means the Canadian Human Rights Tribunal established by section 48.1. ( Tribunal )
Canadian Human Rights Act — H-6 26
Commission established 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members referred to as the “Accessibility Commissioner” and the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council. Members (2) The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission. Required qualifications — Pay Equity Commissioner (2.1) The Governor in Council must take into consideration, in appointing the Pay Equity Commissioner, knowledge and experience in relation to pay equity matters. Term of appointment (3) Each full-time member of the Commission may be appointed for a term not exceeding seven years and each part-time member may be appointed for a term not exceeding three years. Tenure (4) Each member of the Commission holds office during good behaviour but may be removed by the Governor in Council on address of the Senate and House of Commons. Re-appointment (5) A member of the Commission is eligible to be re-appointed in the same or another capacity. R.S., 1985, c. H-6, s. 26 2018, c. 27, s. 419 2018, c. 27, s. 439 2019, c. 10, s. 148
Canadian Human Rights Act — H-6 27
Powers, duties and functions 27 (1) In addition to its duties under Part III with respect to complaints regarding discriminatory practices, the Commission is generally responsible for the administration of this Part and Parts I and III and (a) shall develop and conduct information programs to foster public understanding of this Act and of the role and activities of the Commission thereunder and to foster public recognition of the principle described in section 2; (b) shall undertake or sponsor research programs relating to its duties and functions under this Act and respecting the principle described in section 2; (c) shall maintain close liaison with similar bodies or authorities in the provinces in order to foster common policies and practices and to avoid conflicts respecting the handling of complaints in cases of overlapping jurisdiction; (d) shall perform duties and functions to be performed by it pursuant to any agreement entered into under subsection 28(2); (e) may consider such recommendations, suggestions and requests concerning human rights and freedoms as it receives from any source and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any such recommendation, suggestion or request; (f) shall carry out or cause to be carried out such studies concerning human rights and freedoms as may be referred to it by the Minister of Justice and include in a report referred to in section 61 a report setting out the results of each such study together with such recommendations in relation thereto as it considers appropriate; (g) may review any regulations, rules, orders, by-laws and other instruments made pursuant to an Act of Parliament and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any provision thereof that in its opinion is inconsistent with the principle described in section 2; and (h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1. Guidelines (2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline. Guideline binding (3) A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline. Publication (4) Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette . R.S., 1985, c. H-6, s. 27; 1998, c. 9, s. 20
Canadian Human Rights Act — H-6 28
Assignment of duties 28 (1) On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Employment and Social Development such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the federal public administration as are specified in the order. Interdelegation (2) Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified. R.S., 1985, c. H-6, s. 28; 1996, c. 11, s. 61; 2003, c. 22, s. 224(E); 2005, c. 34, s. 79; 2013, c. 40, s. 237
Canadian Human Rights Act — H-6 28.1
Convention on the Rights of Persons with Disabilities 28.1 The Commission is, for the purposes of paragraph 2 of article 33 of the Convention on the Rights of Persons with Disabilities, adopted by the General Assembly of the United Nations on December 13, 2006, designated as a body responsible for monitoring the Government of Canada’s implementation of that Convention. 2019, c. 10, s. 149
Canadian Human Rights Act — H-6 29
Regulations 29 The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III. 1976-77, c. 33, s. 23
Canadian Human Rights Act — H-6 30
Salaries and remuneration 30 (1) Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by by-law of the Commission, for attendance at meetings of the Commission, or of any division or committee of the Commission, that the member is requested by the Chief Commissioner to attend. Additional remuneration (2) A part-time member of the Commission may, for any period during which that member, with the approval of the Chief Commissioner, performs any duties and functions additional to the normal duties and functions of that member on behalf of the Commission, be paid such additional remuneration as is prescribed by by-law of the Commission. Travel expenses (3) Each member of the Commission is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as are prescribed by by-law of the Commission. 1976-77, c. 33, s. 24
Canadian Human Rights Act — H-6 31
Chief Commissioner 31 (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission. Absence or incapacity (2) In the event of the absence or incapacity of the Chief Commissioner, or if that office is vacant, the Deputy Chief Commissioner has all the powers and may perform all the duties and functions of the Chief Commissioner. Absence or incapacity of Chief and Deputy Chief (3) In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member, other than the Accessibility Commissioner, with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner. R.S., 1985, c. H-6, s. 31 2019, c. 10, s. 150
Canadian Human Rights Act — H-6 32
Staff 32 (1) Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act . Contractual assistance (2) The Commission may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act, and those persons may be paid such remuneration and expenses as may be prescribed by by-law of the Commission. 1976-77, c. 33, s. 26
Canadian Human Rights Act — H-6 32.1
Accessibility unit 32.1 The officers and employees of the Commission that support the Accessibility Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Accessible Canada Act may be referred to as the “Accessibility Unit”. 2019, c. 10, s. 151
Canadian Human Rights Act — H-6 32.2
Pay Equity Unit 32.2 The officers and employees of the Commission that support the Pay Equity Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Pay Equity Act may be referred to as the “Pay Equity Unit”. 2018, c. 27, s. 420 2018, c. 27, s. 439
Canadian Human Rights Act — H-6 33
Compliance with security requirements 33 (1) Every member of the Commission and every person employed by the Commission who is required to receive or obtain information relating to any investigation under this Act shall, with respect to access to and the use of such information, comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, individuals who normally have access to and use of such information. Disclosure (2) Every member of the Commission and every person employed by the Commission shall take every reasonable precaution to avoid disclosing any matter the disclosure of which (a) might be injurious to international relations, national defence or security or federal-provincial relations; (b) would disclose a confidence of the Queen’s Privy Council for Canada; (c) would be likely to disclose information obtained or prepared by any investigative body of the Government of Canada (i) in relation to national security, (ii) in the course of investigations pertaining to the detection or suppression of crime generally, or (iii) in the course of investigations pertaining to particular offences against any Act of Parliament; (d) might, in respect of any individual under sentence for an offence against any Act of Parliament, (i) lead to a serious disruption of that individual’s institutional, parole or mandatory supervision program, (ii) reveal information originally obtained on a promise of confidentiality, express or implied, or (iii) result in physical or other harm to that individual or any other person; (e) might impede the functioning of a court of law, or a quasi-judicial board, commission or other tribunal or any inquiry established under the Inquiries Act ; or (f) might disclose legal opinions or advice provided to a government department or body or privileged communications between lawyer and client in a matter of government business. 1976-77, c. 33, s. 27
Canadian Human Rights Act — H-6 34
Head office 34 (1) The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act . Other offices (2) The Commission may establish such regional or branch offices, not exceeding twelve, as it considers necessary to carry out its powers, duties and functions under this Act. Meetings (3) The Commission may meet for the conduct of its affairs at such times and in such places as the Chief Commissioner considers necessary or desirable. 1976-77, c. 33, s. 28
Canadian Human Rights Act — H-6 35
Majority is a decision of the Commission 35 A decision of the majority of the members present at a meeting of the Commission, if the members present constitute a quorum, is a decision of the Commission. 1976-77, c. 33, s. 28
Canadian Human Rights Act — H-6 36
Establishment of divisions 36 (1) Subject to section 36.1, for the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission, except the making of by-laws, may, as directed by the Commission, be exercised or performed by all or any of those divisions. Designation of presiding officer (2) Where a division of the Commission has been established pursuant to subsection (1), the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division. R.S., 1985, c. H-6, s. 36 2018, c. 27, s. 421
Canadian Human Rights Act — H-6 36.1
Pay Equity Division 36.1 (1) On receipt of a complaint under section 40 alleging a discriminatory practice under section 11, the Chief Commissioner must establish, for the purposes of Part III, a Pay Equity Division of the Commission of which the Pay Equity Commissioner is the presiding officer. Complaints — section 11 (2) A Pay Equity Division established under subsection (1) must exercise the powers and perform the duties and functions of the Commission under Part III with respect to the complaint in question. 2018, c. 27, s. 422
Canadian Human Rights Act — H-6 37
By-laws 37 (1) The Commission may make by-laws for the conduct of its affairs and, without limiting the generality of the foregoing, may make by-laws (a) respecting the calling of meetings of the Commission or any division thereof and the fixing of quorums for the purposes of those meetings; (b) respecting the conduct of business at meetings of the Commission or any division thereof; (c) respecting the establishment of committees of the Commission, the delegation of powers, duties and functions to those committees and the fixing of quorums for meetings thereof; (d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in Yukon, the Northwest Territories or Nunavut; (e) prescribing the rates of remuneration to be paid to part-time members of the Commission and any person engaged under subsection 32(2); and (f) prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2). Treasury Board approval (2) No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board. R.S., 1985, c. H-6, s. 37; 1993, c. 28, s. 78; 1998, c. 9, s. 21; 2002, c. 7, s. 126
Canadian Human Rights Act — H-6 38
Superannuation, etc. 38 The full-time members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. H-6, s. 38; 2003, c. 22, s. 137(E)
Canadian Human Rights Act — H-6 38.1
Powers, duties and functions 38.1 In addition to being a member of the Commission, the Accessibility Commissioner has the powers, duties and functions assigned to him or her by the Accessible Canada Act . 2019, c. 10, s. 152
Canadian Human Rights Act — H-6 38.2
Absence or incapacity of Accessibility Commissioner 38.2 In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval. 2019, c. 10, s. 152
Canadian Human Rights Act — H-6 38.3
Powers, duties and functions 38.3 In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act . 2018, c. 27, s. 423 2018, c. 27, s. 439
Canadian Human Rights Act — H-6 38.4
Absence or incapacity of Pay Equity Commissioner 38.4 (1) In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval. Required qualifications — acting Pay Equity Commissioner (2) The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters. 2018, c. 27, s. 423 2018, c. 27, s. 439
Canadian Human Rights Act — H-6 39
Definition of discriminatory practice 39 For the purposes of this Part, a discriminatory practice means any practice that is a discriminatory practice within the meaning of sections 5 to 14.1. R.S., 1985, c. H-6, s. 39; 1998, c. 9, s. 22
Canadian Human Rights Act — H-6 40
benefits accrued under the fund or plan to that date, including (a) any rights and benefits based on a particular age of retirement; and (b) any accrued survivor’s benefits. R.S., 1985, c. H-6, s. 40; R.S., 1985, c. 31 (1st Supp.), s. 62; 1995, c. 44, s. 47; 1998, c. 9, s. 23; 2013, c. 37, s. 3 2018, c. 27, s. 424
Canadian Human Rights Act — H-6 40.01
Disclosure of personal information 40.01 For the purpose of the administration of the Accessible Canada Act , an officer or employee of the Commission may disclose to the Accessibility Commissioner any personal information that is contained in a complaint filed with the Commission. 2019, c. 10, s. 153
Canadian Human Rights Act — H-6 40.1
Definitions 40.1 (1) In this section, designated groups has the meaning assigned in section 3 of the Employment Equity Act ; ( groupes désignés ) employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act . ( employeur ) Employment equity complaints (2) No complaint may be dealt with by the Commission pursuant to section 40 where (a) the complaint is made against an employer alleging that the employer has engaged in a discriminatory practice set out in section 7 or paragraph 10(a); and (b) the complaint is based solely on statistical information that purports to show that members of one or more designated groups are underrepresented in the employer’s workforce. 1995, c. 44, s. 48
Canadian Human Rights Act — H-6
designated groups has the meaning assigned in section 3 of the Employment Equity Act ; ( groupes désignés )
Canadian Human Rights Act — H-6
employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act . ( employeur )
Canadian Human Rights Act — H-6 40.2
Non-application of sections 7, 10 and 11 40.2 (1) The Commission does not have jurisdiction to deal with complaints made by an employee , as defined in subsection 3(1) of the Pay Equity Act , against an employer that is subject to that Act, alleging that (a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees who are performing work of equal value; or (b) the employer has engaged in a discriminatory practice referred to in section 11. Parliamentary employees (2) The Commission does not have jurisdiction to deal with complaints made by an employee , within the meaning of section 86.1 of the Parliamentary Employment and Staff Relations Act , against an employer , within the meaning of that same section, alleging that the employer has engaged in a discriminatory practice referred to in subsection (1). 2018, c. 27, s. 425