Canadian Human Rights Act (R.S.C., 1985, c. H-6)

Marginal note: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.

• Marginal note: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.

Marginal note:Designation of investigator

• 43. (1) The Commission may designate a person, in this Part referred to as an “investigator”, to investigate a complaint.

• Marginal note:Manner of investigation

  (2) An investigator shall investigate a complaint in a manner authorized by regulations made pursuant to subsection (4).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Obstruction

  (3) No person shall obstruct an investigator in the investigation of a complaint.

• Marginal note: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).