Employment Equity Act (S.C. 1995, c. 44)

Marginal note:Powers of Tribunal

• 29. (1) A Tribunal 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 and written evidence on oath and to produce such documents and things as the Tribunal considers necessary for a full review;

  • (b) administer oaths; and

  • (c) receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Tribunal sees fit, whether or not that evidence or information would be admissible in a court of law.

• Marginal note:How matters to be dealt with

  (2) A Tribunal shall conduct any matter that comes before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

• Marginal note:Hearings to be public

  (3) Subject to subsection (4), a hearing before a Tribunal shall be conducted in public.

• Marginal note:Hearings may be in camera

  (4) A hearing before a Tribunal may, on the request of an employer, be held in camera if the employer establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

• Marginal note:Reasons for decision

  (5) A Tribunal shall provide the parties to a proceeding before the Tribunal with written reasons for its decision.

• Marginal note:Reasons for decision

  (6) A Tribunal shall, on request by any person, provide the person with a copy of any decision of the Tribunal, including a decision under subsection (4) to hold a hearing in camera, together with the written reasons for the decision.

Marginal note:Decision of Tribunal

• 30. (1) A Tribunal may, after hearing a request made under subsection 27(1) or an application made under subsection 27(2),

  • (a) by order, confirm, vary or rescind the Commission’s direction; and

  • (b) make any other order it considers appropriate and reasonable in the circumstances to remedy the non-compliance.

• Marginal note:Board may vary or rescind

  (2) A Tribunal may vary or rescind any order made by it.

• Marginal note:Orders are final

  (3) An order of a Tribunal is final and, except for judicial review under the Federal Courts Act, is not subject to appeal or review by any court.

Marginal note:Enforcement of orders

• 31. (1) Any order of a Tribunal made under section 30 may, for the purposes of its enforcement, be made an order of the Federal Court and is enforceable in the same manner as an order of that Court.

• Marginal note:Procedure

  (2) To make an order of a Tribunal an order of the Federal Court, the usual practice and procedure of the Court may be followed or a certified copy of the order may be filed with the registrar of the Court, and from the time of filing the order becomes an order of the Court.