GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Human Rights Act — H-6 53
Complaint dismissed 53 (1) At the conclusion of an inquiry, the member or panel conducting the inquiry shall dismiss the complaint if the member or panel finds that the complaint is not substantiated. Complaint substantiated (2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate: (a) that the person cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from occurring in future, including (i) the adoption of a special program, plan or arrangement referred to in subsection 16(1), or (ii) making an application for approval and implementing a plan under section 17; (b) that the person make available to the victim of the discriminatory practice, on the first reasonable occasion, the rights, opportunities or privileges that are being or were denied the victim as a result of the practice; (c) that the person compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of the discriminatory practice; (d) that the person compensate the victim for any or all additional costs of obtaining alternative goods, services, facilities or accommodation and for any expenses incurred by the victim as a result of the discriminatory practice; and (e) that the person compensate the victim, by an amount not exceeding twenty thousand dollars, for any pain and suffering that the victim experienced as a result of the discriminatory practice. Special compensation (3) In addition to any order under subsection (2), the member or panel may order the person to pay such compensation not exceeding twenty thousand dollars to the victim as the member or panel may determine if the member or panel finds that the person is engaging or has engaged in the discriminatory practice wilfully or recklessly. Interest (4) Subject to the rules made under section 48.9, an order to pay compensation under this section may include an award of interest at a rate and for a period that the member or panel considers appropriate. R.S., 1985, c. H-6, s. 53; 1998, c. 9, s. 27
Canadian Human Rights Act — H-6 54
Limitation 54 No order that is made under subsection 53(2) may contain a term (a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or (b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith. R.S., 1985, c. H-6, s. 54; 1998, c. 9, s. 28; 2013, c. 37, s. 4
Canadian Human Rights Act — H-6 54.1
Definitions 54.1 (1) In this section, designated groups has the meaning assigned in section 3 of the Employment Equity Act ; and ( groupes désignés ) employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act . ( employeur ) Limitation of order re employment equity (2) Where a Tribunal finds that a complaint against an employer is substantiated, it may not make an order pursuant to subparagraph 53(2)(a)(i) requiring the employer to adopt a special program, plan or arrangement containing (a) positive policies and practices designed to ensure that members of designated groups achieve increased representation in the employer’s workforce; or (b) goals and timetables for achieving that increased representation. Interpretation (3) For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice. 1995, c. 44, s. 50
Canadian Human Rights Act — H-6
designated groups has the meaning assigned in section 3 of the Employment Equity Act ; and ( groupes désignés )
Canadian Human Rights Act — H-6 57
Enforcement of order 57 An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy. R.S., 1985, c. H-6, s. 57; 1998, c. 9, s. 29; 2013, c. 37, s. 5
Canadian Human Rights Act — H-6 58
Application respecting disclosure of information 58 (1) Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate. Canada Evidence Act (2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if (a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; (b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or (c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 or 38.2 to 38.41 of that Act. R.S., 1985, c. H-6, s. 58; 1998, c. 9, s. 30; 2001, c. 41, s. 45 2024, c. 16, s. 91
Canadian Human Rights Act — H-6 59
Intimidation or discrimination 59 No person shall threaten, intimidate or discriminate against an individual because that individual has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Part, or because that individual proposes to do so. 1976-77, c. 33, s. 45
Canadian Human Rights Act — H-6 60
Offence 60 (1) Every person is guilty of an offence who (a) [Repealed, 1998, c. 9, s. 31] (b) obstructs a member or panel in carrying out its functions under this Part; or (c) contravenes subsection 11(6) or 43(3) or section 59. Punishment (2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding $50,000. Prosecution of employer or employee organization (3) A prosecution for an offence under this section may be brought against an employer organization or employee organization and in the name of the organization and, for the purpose of the prosecution, the organization is deemed to be a person and any act or thing done or omitted by an officer or agent of the organization within the scope of their authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization. Consent of Attorney General (4) A prosecution for an offence under this section may not be instituted except by or with the consent of the Attorney General of Canada. Limitation period (5) A prosecution for an offence under this section may not be instituted more than one year after the subject-matter of the proceedings arose. R.S., 1985, c. H-6, s. 60; 1998, c. 9, s. 31
Canadian Human Rights Act — H-6 61
Annual report of Commission 61 (1) The Commission shall, within three months after December 31 in each year, prepare and submit to Parliament a report on the activities of the Commission under this Part and Part II for that year, including references to and comments on any matter referred to in paragraph 27(1)(e) or (g) that it considers appropriate. Special reports (2) The Commission may, at any time, prepare and submit to Parliament a special report referring to and commenting on any matter within the scope of its powers, duties and functions if, in its opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for submission of its next annual report under subsection (1). Annual report of Tribunal (3) The Tribunal shall, within three months after December 31 in each year, prepare and submit to Parliament a report on its activities under this Act for that year. Transmission of report (4) Every report under this section shall be submitted by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses. R.S., 1985, c. H-6, s. 61; 1998, c. 9, s. 32
Canadian Human Rights Act — H-6 61.1
Minister of Justice 61.1 The Minister of Justice is responsible for this Act, and the powers of the Governor in Council to make regulations under this Act, with the exception of section 29, are exercisable on the recommendation of that Minister. 1998, c. 9, s. 32
Canadian Human Rights Act — H-6 62
Limitation 62 (1) This Part and Parts I and II do not apply to or in respect of any superannuation or pension fund or plan established by an Act of Parliament enacted before March 1, 1978. Review of Acts referred to in subsection (1) (2) The Commission shall keep under review those Acts of Parliament enacted before March 1, 1978 by which any superannuation or pension fund or plan is established and, where the Commission deems it to be appropriate, it may include in a report mentioned in section 61 reference to and comment on any provision of any of those Acts that in its opinion is inconsistent with the principle described in section 2. 1976-77, c. 33, s. 48
Canadian Human Rights Act — H-6 63
Application in the territories 63 Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could be the subject of a complaint under this Part had it occurred in a province. R.S., 1985, c. H-6, s. 63; 1993, c. 28, s. 78; 2002, c. 7, s. 127
Canadian Human Rights Act — H-6 64
Canadian Forces and Royal Canadian Mounted Police 64 For the purposes of this Part and Parts I and II, members of the Canadian Forces and the Royal Canadian Mounted Police are deemed to be employed by the Crown. 1976-77, c. 33, s. 48
Canadian Human Rights Act — H-6 65
Acts of employees, etc. 65 (1) Subject to subsection (2), any act or omission committed by an officer, a director, an employee or an agent of any person, association or organization in the course of the employment of the officer, director, employee or agent shall, for the purposes of this Act, be deemed to be an act or omission committed by that person, association or organization. Exculpation (2) An act or omission shall not, by virtue of subsection (1), be deemed to be an act or omission committed by a person, association or organization if it is established that the person, association or organization did not consent to the commission of the act or omission and exercised all due diligence to prevent the act or omission from being committed and, subsequently, to mitigate or avoid the effect thereof. 1980-81-82-83, c. 143, s. 23
Canadian Human Rights Act — H-6 66
Binding on Her Majesty 66 (1) This Act is binding on Her Majesty in right of Canada, except in matters respecting the Yukon Government or the Government of the Northwest Territories or Nunavut. (2) [Repealed, 2002, c. 7, s. 128] (3) [Repealed, 2014, c. 2, s. 11] Idem (4) The exception referred to in subsection (1) shall come into operation in respect of the Government of Nunavut on a day to be fixed by order of the Governor in Council. R.S., 1985, c. H-6, s. 66; 1993, c. 28, s. 78; 2002, c. 7, s. 128; 2014, c. 2, s. 11
Canadian Human Rights Act — H-6 68
Transitional 68 Every Tribunal appointed prior to the coming into force of this Act shall continue to act as though this Part had not come into force.
Canadian Human Rights Act — H-6 33
Definition of commencement day 33 (1) In this section, commencement day means the day on which this section comes into force. Members cease to hold office (2) Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day. Continuing jurisdiction of Human Rights Tribunal (3) The members of any Human Rights Tribunal appointed under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any inquiry into the complaint in respect of which the Human Rights Tribunal was appointed. Continuing jurisdiction of Review Tribunal (4) The members of any Review Tribunal constituted under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any appeal against a decision or order of a Human Rights Tribunal. Continuing jurisdiction of Employment Equity Review Tribunal (5) The members of any Employment Equity Review Tribunal established under section 28 or 39 of the Employment Equity Act before the commencement day have jurisdiction over any matter in respect of which the Tribunal was established. Supervision by Chairperson of Canadian Human Rights Tribunal (6) The Chairperson of the Canadian Human Rights Tribunal has supervision over and direction of the work of any Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5). Remuneration (7) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5), other than such a member who is appointed as a full-time member of the Canadian Human Rights Tribunal, shall be paid such remuneration as may be fixed by the Governor in Council. Travel expenses (8) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of that Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.
Canadian Human Rights Act — H-6 34
Commission employees serving the Human Rights Tribunal Panel 34 (1) This Act does not affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position in the Canadian Human Rights Commission and performed services on a full-time basis for the Human Rights Tribunal Panel, except that the employee shall, on the coming into force of this subsection, occupy that position in the Canadian Human Rights Tribunal. Definition of employee (2) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Canadian Human Rights Act — H-6 1.2
Regard to legal traditions and customary laws 1.2 In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services under the Indian Act , this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality.
Canadian Human Rights Act — H-6 2
Comprehensive review 2 (1) Within five years after the day on which this Act receives royal assent, a comprehensive review of the effects of the repeal of section 67 of the Canadian Human Rights Act shall be jointly undertaken by the Government of Canada and any organizations identified by the Minister of Indian Affairs and Northern Development as being, in the aggregate, representative of the interests of First Nations peoples throughout Canada. Report (2) A report on the review referred to in subsection (1) shall be submitted to both Houses of Parliament within one year after the day on which the review is undertaken under that subsection.
Canadian Human Rights Act — H-6 3
Grace period 3 Despite section 1, an act or omission by any First Nation government, including a band council, tribal council or governing authority operating or administering programs or services under the Indian Act , that was made in the exercise of powers or the performance of duties and functions conferred or imposed by or under that Act shall not constitute the basis for a complaint under Part III of the Canadian Human Rights Act if it occurs within 36 months after the day on which this Act receives royal assent.
Canadian Human Rights Act — H-6 4
Study to be undertaken 4 The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in section 3, undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act . The Government of Canada shall report to both Houses of Parliament on the findings of that study before the expiration of the period referred to in section 3.
Canadian Human Rights Act — H-6 395
Interpretation 395 Unless the context otherwise requires, words and expressions used in sections 396 and 397 have the same meaning as in the Public Sector Equitable Compensation Act .
Canadian Human Rights Act — H-6 397
Complaints before Canadian Human Rights Tribunal 397 (1) Subject to subsections (2) and (3), the Canadian Human Rights Tribunal shall inquire into the following complaints with respect to employees that are before it on the day on which this Act receives royal assent: (a) complaints based on section 7 or 10 of the Canadian Human Rights Act , if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and (b) complaints based on section 11 of the Canadian Human Rights Act . Powers of Tribunal (2) If section 399 is in force when the Canadian Human Rights Tribunal inquires into a complaint referred to in subsection (1), (a) complaints referred to in paragraph (1)(a) shall be dealt with as if sections 7 and 10 of the Canadian Human Rights Act still applied to those employees; and (b) complaints referred to in paragraph (1)(b) shall be dealt with as if section 11 of the Canadian Human Rights Act and the Equal Wage Guidelines, 1986 still applied to those employees. Limitation (3) No monetary remedy may be granted by the Canadian Human Rights Tribunal in respect of a complaint referred to in subsection (1) other than a lump sum payment, and the payment may only be in respect of a period that ends on or before the day on which section 394 comes into force.
Canadian Human Rights Act — H-6 165
Pardons in effect — references in other legislation 165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act : (a) the definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Canadian Human Rights Act ;
Canadian Human Rights Act — H-6 428
Complaints — Canadian Human Rights Act 428 The Canadian Human Rights Act , as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009 , as amended by subsection 431 (1) of this Act.
Canadian Human Rights Act — H-6 431
431 (4) Section 396 of the Act is repealed.
Canadian Human Rights Act — H-6 432
432 Sections 397 to 399 of the Act are repealed.
Canadian Human Rights Act — H-6 178
178 Paragraph 15(1)(d.1) of the Canadian Human Rights Act is replaced by the following: (d.1) the terms of any pooled registered pension plan provide for variable payments, variable life payments or the transfer of funds only at a fixed age under sections 48, 51.1 and 55, respectively, of the Pooled Registered Pension Plans Act ;
Identification of Criminals Act — I-1 1
Short title 1 This Act may be cited as the Identification of Criminals Act . R.S., c. I-1, s. 1
Identification of Criminals Act — I-1 1.1
Binding on Her Majesty 1.1 This Act is binding on Her Majesty in right of Canada or a province. 1992, c. 47, s. 73
Identification of Criminals Act — I-1 2
Fingerprints and photographs 2 (1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council: (a) any person who is in lawful custody charged with or convicted of (i) an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or (ii) an offence under the Foreign Interference and Security of Information Act ; (iii) [Repealed, 2022, c. 17, s. 62] (b) any person who has been apprehended under the Extradition Act ; (c) any person who is required under subsection 485.2(1), 500(3), 501(4) or 509(5) or section 515.01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is (i) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General , within the meaning of that Act, has made an election under section 50 of that Act, or (ii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act ; or (d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code . Use of force (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described under subsection (1). Publication (3) The results of the measurements, processes and operations to which a person has been subjected pursuant to subsection (1) may be published for the purpose of affording information to officers and others engaged in the execution or administration of the law. R.S., 1985, c. I-1, s. 2; 1992, c. 47, s. 74; 1996, c. 7, s. 39; 1999, c. 18, s. 88; 2001, c. 41, ss. 23.1, 35; 2018, c. 16, s. 166 2019, c. 25, s. 388 2022, c. 17, s. 62 2024, c. 16, s. 57
Identification of Criminals Act — I-1 3
No liability for acting under Act 3 No liability, civil or criminal, for anything lawfully done under this Act shall be incurred by any person (a) having custody of a person described in subsection 2(1); (b) acting in the aid or under the direction of a person having such custody; or (c) concerned in the publication of results under subsection 2(3). R.S., 1985, c. I-1, s. 3; 1992, c. 47, s. 75
Identification of Criminals Act — I-1 4
Destruction of fingerprints and photographs 4 Where a person charged with an offence that is designated as a contravention under the Contraventions Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 50 of that Act, the fingerprints or photographs shall be destroyed. 1992, c. 47, s. 76; 1996, c. 7, s. 40
Identification of Criminals Act — I-1 5
Destruction of fingerprints and photographs – Cannabis Act 5 If a person charged with an offence referred to in any of paragraphs 51(2)(a) to (j) of the Cannabis Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 58 of that Act, the fingerprints or photographs shall be destroyed. 2018, c. 16, s. 167