GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Human Rights Act — H-6 41
Commission to deal with complaint 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that (a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act; (c) the complaint is beyond the jurisdiction of the Commission; (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or (e) the complaint is based on acts or omissions the last of which occurred more than one year, or such longer period of time as the Commission considers appropriate in the circumstances, before receipt of the complaint. Commission may decline to deal with complaint (2) The Commission may decline to deal with a complaint referred to in paragraph 10(a) in respect of an employer where it is of the opinion that the matter has been adequately dealt with in the employer’s employment equity plan prepared pursuant to section 10 of the Employment Equity Act . Meaning of employer (3) In this section, employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act . R.S., 1985, c. H-6, s. 41; 1994, c. 26, s. 34(F); 1995, c. 44, s. 49
Canadian Human Rights Act — H-6 42
Notice 42 (1) Subject to subsection (2), when the Commission decides not to deal with a complaint, it shall send a written notice of its decision to the complainant setting out the reason for its decision. Attributing fault for delay (2) Before deciding that a complaint will not be dealt with because a procedure referred to in paragraph 41(a) has not been exhausted, the Commission shall satisfy itself that the failure to exhaust the procedure was attributable to the complainant and not to another. 1976-77, c. 33, s. 34
Canadian Human Rights Act — H-6 43
Designation of investigator 43 (1) The Commission may designate a person, in this Part referred to as an “investigator”, to investigate a complaint. Manner of investigation (2) An investigator shall investigate a complaint in a manner authorized by regulations made pursuant to subsection (4). Power to enter (2.1) Subject to such limitations as the Governor in Council may prescribe in the interests of national defence or security, an investigator with a warrant issued under subsection (2.2) may, at any reasonable time, enter and search any premises in order to carry out such inquiries as are reasonably necessary for the investigation of a complaint. Authority to issue warrant (2.2) Where on ex parte application a judge of the Federal Court is satisfied by information on oath that there are reasonable grounds to believe that there is in any premises any evidence relevant to the investigation of a complaint, the judge may issue a warrant under the judge’s hand authorizing the investigator named therein to enter and search those premises for any such evidence subject to such conditions as may be specified in the warrant. Use of force (2.3) In executing a warrant issued under subsection (2.2), the investigator named therein shall not use force unless the investigator is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Production of books (2.4) An investigator may require any individual found in any premises entered pursuant to this section to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents containing any matter relevant to the investigation being conducted by the investigator. Obstruction (3) No person shall obstruct an investigator in the investigation of a complaint. Regulations (4) The Governor in Council may make regulations (a) prescribing procedures to be followed by investigators; (b) authorizing the manner in which complaints are to be investigated pursuant to this Part; and (c) prescribing limitations for the purpose of subsection (2.1). R.S., 1985, c. H-6, s. 43; R.S., 1985, c. 31 (1st Supp.), s. 63
Canadian Human Rights Act — H-6 44
Report 44 (1) An investigator shall, as soon as possible after the conclusion of an investigation, submit to the Commission a report of the findings of the investigation. Action on receipt of report (2) If, on receipt of a report referred to in subsection (1), the Commission is satisfied (a) that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or (b) that the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under an Act of Parliament other than this Act, it shall refer the complainant to the appropriate authority. Idem (3) On receipt of a report referred to in subsection (1), the Commission (a) may request the Chairperson of the Tribunal to institute an inquiry under section 49 into the complaint to which the report relates if the Commission is satisfied (i) that, having regard to all the circumstances of the complaint, an inquiry into the complaint is warranted, and (ii) that the complaint to which the report relates should not be referred pursuant to subsection (2) or dismissed on any ground mentioned in paragraphs 41(c) to (e); or (b) shall dismiss the complaint to which the report relates if it is satisfied (i) that, having regard to all the circumstances of the complaint, an inquiry into the complaint is not warranted, or (ii) that the complaint should be dismissed on any ground mentioned in paragraphs 41(c) to (e). Notice (4) After receipt of a report referred to in subsection (1), the Commission (a) shall notify in writing the complainant and the person against whom the complaint was made of its action under subsection (2) or (3); and (b) may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under subsection (2) or (3). R.S., 1985, c. H-6, s. 44; R.S., 1985, c. 31 (1st Supp.), s. 64; 1998, c. 9, s. 24
Canadian Human Rights Act — H-6 45
Definition of Review Agency 45 (1) In this section and section 46, Review Agency means the National Security and Intelligence Review Agency. Complaint involving security considerations (2) When, at any stage after the filing of a complaint and before the commencement of a hearing before a member or panel in respect of the complaint, the Commission receives written notice from a minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may (a) dismiss the complaint; or (b) refer the matter to the Review Agency. Notice (3) After receipt of a notice mentioned in subsection (2), the Commission (a) shall notify in writing the complainant and the person against whom the complaint was made of its action under paragraph (2)(a) or (b); and (b) may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under paragraph 2(a) or (b). Stay of procedures (4) Where the Commission has referred the matter to the Review Agency pursuant to paragraph (2)(b), it shall not deal with the complaint until the Review Agency has, pursuant to subsection 46(1), provided it with a report in relation to the matter. National Security and Intelligence Review Agency Act (5) If a matter is referred to the Review Agency under paragraph (2)(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to be read as a reference to the minister referred to in subsection (2). Statement to be sent to person affected (6) The Review Agency shall, as soon as practicable after a matter in relation to a complaint is referred to it pursuant to paragraph (2)(b), send to the complainant a statement summarizing such information available to it as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the referral. R.S., 1985, c. H-6, s. 45; 1998, c. 9, s. 25 2019, c. 13, s. 33
Canadian Human Rights Act — H-6 46
Report 46 (1) On completion of its investigation under section 45, the Review Agency shall, not later than 90 days after the matter is referred to it under paragraph 45(2)(b), provide the Commission, the minister referred to in subsection 45(2), the Director of the Canadian Security Intelligence Service and the complainant with a report containing the Agency’s findings. On request of the Agency, the Commission may extend the time for providing a report. Action on receipt of report (2) After considering a report provided pursuant to subsection (1), the Commission (a) may dismiss the complaint or, where it does not do so, shall proceed to deal with the complaint pursuant to this Part; and (b) shall notify, in writing, the complainant and the person against whom the complaint was made of its action under paragraph (a) and may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of that action. 1984, c. 21, s. 73 2019, c. 13, s. 34
Canadian Human Rights Act — H-6 47
Appointment of conciliator 47 (1) Subject to subsection (2), the Commission may, on the filing of a complaint, or if the complaint has not been (a) settled in the course of investigation by an investigator, (b) referred or dismissed under subsection 44(2) or (3) or paragraph 45(2)(a) or 46(2)(a), or (c) settled after receipt by the parties of the notice referred to in subsection 44(4), appoint a person, in this Part referred to as a “conciliator”, for the purpose of attempting to bring about a settlement of the complaint. Eligibility (2) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint. Confidentiality (3) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information. 1976-77, c. 33, s. 37; 1980-81-82-83, c. 143, s. 17(F); 1984, c. 21, s. 74
Canadian Human Rights Act — H-6 48
Referral of a settlement to Commission 48 (1) When, at any stage after the filing of a complaint and before the commencement of a hearing before a Human Rights Tribunal in respect thereof, a settlement is agreed on by the parties, the terms of the settlement shall be referred to the Commission for approval or rejection. Certificate (2) If the Commission approves or rejects the terms of a settlement referred to in subsection (1), it shall so certify and notify the parties. Enforcement of settlement (3) A settlement approved under this section may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commission or a party to the settlement. R.S., 1985, c. H-6, s. 48; 1998, c. 9, s. 26
Canadian Human Rights Act — H-6 48.1
Establishment of Tribunal 48.1 (1) There is hereby established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of 18 members, including a Chairperson and a Vice-chairperson, as may be appointed by the Governor in Council. Qualifications for appointment of members (2) Persons appointed as members of the Tribunal must have experience, expertise and interest in, and sensitivity to, human rights. Legal qualifications (3) The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Québec. Regional representation (4) Appointments are to be made having regard to the need for regional representation in the membership of the Tribunal. Knowledge and experience — pay equity (4.1) Appointments must be made having regard to the need for adequate knowledge and experience in pay equity matters among the members of the Tribunal. Appointment of temporary members — incapacity (5) If a member is absent or incapacitated, the Governor in Council may, despite subsection (1), appoint a temporary substitute member to act during the absence or incapacity. Appointment of temporary members — workload (6) The Governor in Council may appoint temporary members to the Tribunal for a term of not more than three years whenever, in the opinion of the Governor in Council, the workload of the Tribunal so requires. R.S., 1985, c. 31 (1st Supp.), s. 65; 1998, c. 9, s. 27 2018, c. 27, s. 426
Canadian Human Rights Act — H-6 48.2
Terms of office 48.2 (1) The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3. Acting after expiration of appointment (2) A member whose appointment expires may, with the approval of the Chairperson, conclude any inquiry that the member has begun, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.3, 48.6, 50 and 52 to 58. Reappointment (3) The Chairperson, Vice-chairperson or any other member whose term has expired is eligible for reappointment in the same or any other capacity. R.S., 1985, c. 31 (1st Supp.), s. 65; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 48.3
n the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the member (a) has become incapacitated from the proper execution of that office by reason of infirmity; (b) has been guilty of misconduct; (c) has failed in the proper execution of that office; or (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office. Transmission of report to Governor in Council (14) When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure. R.S., 1985, c. 31 (1st Supp.), s. 65; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 48.4
Status of members 48.4 (1) The Chairperson and Vice-chairperson are to be appointed as full-time members of the Tribunal, and the other members are to be appointed as either full-time or part-time members. Functions of Chairperson (2) The Chairperson has supervision over and direction of the work of the Tribunal, including the allocation of work among the members and the management of the Tribunal’s internal affairs. Functions of Vice-chairperson (3) The Vice-chairperson shall assist the Chairperson and shall perform the functions of the Chairperson if the Chairperson is absent or unable to act or the office of Chairperson is vacant. Acting Chairperson (4) The Governor in Council may authorize a member of the Tribunal to perform the functions of the Chairperson on a temporary basis if the Chairperson and Vice-chairperson are absent or unable to act or if both of those offices are vacant. R.S., 1985, c. 31 (1st Supp.), s. 65; 1998, c. 9, s. 27; 2014, c. 20, s. 414
Canadian Human Rights Act — H-6 48.5
Residence 48.5 The full-time members of the Tribunal shall reside in the National Capital Region, as described in the schedule to the National Capital Act , or within forty kilometres of that Region. R.S., 1985, c. 31 (1st Supp.), s. 65; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 48.6
Remuneration 48.6 (1) The members of the Tribunal shall be paid such remuneration as may be fixed by the Governor in Council. Travel expenses (2) Members are entitled to be paid travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by the Treasury Board directives for employees of the Government of Canada. Deemed employment in federal public administration (3) Members are deemed 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 . 1998, c. 9, s. 27; 2003, c. 22, s. 224(E)
Canadian Human Rights Act — H-6 48.7
Head office 48.7 The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act . 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 48.9
Conduct of proceedings 48.9 (1) Proceedings before the Tribunal shall be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow. Tribunal rules of procedure (2) The Chairperson may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing (a) the giving of notices to parties; (b) the addition of parties and interested persons to the proceedings; (c) the summoning of witnesses; (d) the production and service of documents; (e) discovery proceedings; (f) pre-hearing conferences; (g) the introduction of evidence; (h) time limits within which hearings must be held and decisions must be made; and (i) awards of interest. Publication of proposed rules (3) Subject to subsection (4), a copy of each rule that the Tribunal proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it. Exception (4) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations. 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 49
Request for inquiry 49 (1) At any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard to all the circumstances of the complaint, an inquiry is warranted. Chairperson to institute inquiry (2) On receipt of a request, the Chairperson shall institute an inquiry by assigning a member of the Tribunal to inquire into the complaint, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the complaint requires the inquiry to be conducted by three members. Chair of panel (3) If a panel of three members has been assigned to inquire into the complaint, the Chairperson shall designate one of them to chair the inquiry, but the Chairperson shall chair the inquiry if he or she is a member of the panel. Copy of rules to parties (4) The Chairperson shall make a copy of the rules of procedure available to each party to the complaint. Qualification of member (5) If the complaint involves a question about whether another Act or a regulation made under another Act is inconsistent with this Act or a regulation made under it, the member assigned to inquire into the complaint or, if three members have been assigned, the member chairing the inquiry, must be a member of the bar of a province or the Chambre des notaires du Québec. Question raised subsequently (6) If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated. R.S., 1985, c. H-6, s. 49; R.S., 1985, c. 31 (1st Supp.), s. 66; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 50
Conduct of inquiry 50 (1) After due notice to the Commission, the complainant, the person against whom the complaint was made and, at the discretion of the member or panel conducting the inquiry, any other interested party, the member or panel shall inquire into the complaint and shall give all parties to whom notice has been given a full and ample opportunity, in person or through counsel, to appear at the inquiry, present evidence and make representations. Power to determine questions of law or fact (2) In the course of hearing and determining any matter under inquiry, the member or panel may decide all questions of law or fact necessary to determining the matter. Additional powers (3) In relation to a hearing of the inquiry, the member or panel may (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the complaint; (b) administer oaths; (c) subject to subsections (4) and (5), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law; (d) lengthen or shorten any time limit established by the rules of procedure; and (e) decide any procedural or evidentiary question arising during the hearing. Limitation in relation to evidence (4) The member or panel may not admit or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence. Conciliators as witnesses (5) A conciliator appointed to settle the complaint is not a competent or compellable witness at the hearing. Witness fees (6) Any person summoned to attend the hearing is entitled in the discretion of the member or panel to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court. R.S., 1985, c. H-6, s. 50; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 51
Duty of Commission on appearing 51 In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the complaint. R.S., 1985, c. H-6, s. 51; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 52
Hearing in public subject to confidentiality order 52 (1) An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, that (a) there is a real and substantial risk that matters involving public security will be disclosed; (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; (c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or (d) there is a serious possibility that the life, liberty or security of a person will be endangered. Confidentiality of application (2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1). R.S., 1985, c. H-6, s. 52; 1998, c. 9, s. 27