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

Act current to 2016-02-03 and last amended on 2014-11-01. Previous Versions

Marginal note:Status of members
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Residence

 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.
Marginal note:Remuneration
  •  (1) The members of the Tribunal shall be paid such remuneration as may be fixed by the Governor in Council.

  • Marginal note: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.

  • Marginal note: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).
Marginal note:Head office

 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.

 [Repealed, 2014, c. 20, s. 415]

Marginal note:Conduct of proceedings
  •  (1) Proceedings before the Tribunal shall be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Inquiries into Complaints

Marginal note:Request for inquiry
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Copy of rules to parties

    (4) The Chairperson shall make a copy of the rules of procedure available to each party to the complaint.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Conduct of inquiry
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Conciliators as witnesses

    (5) A conciliator appointed to settle the complaint is not a competent or compellable witness at the hearing.

  • Marginal note: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.
 
Date modified: