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

Act current to 2017-08-27 and last amended on 2017-06-19. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2009, c. 2, s. 399

    • 399 The Canadian Human Rights Act is amended by adding the following after section 40.1:

      • Non-application of sections 7, 10 and 11

        40.2 The Commission does not have jurisdiction to deal with complaints made against an employer within the meaning of the Public Sector Equitable Compensation Act alleging that

        • (a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; or

        • (b) the employer has engaged in a discriminatory practice referred to in section 11.

  • — 2013, c. 40, s. 340

    • 340 Section 40.1 of the Canadian Human Rights Act is amended by adding the following after subsection (2):

      • Public Service Labour Relations Act

        (3) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by an employee, as defined in subsection 206(1) of the Public Service Labour Relations Act, against their employer, as defined in subsection 2(1) of that Act and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

      • Public Service Employment Act

        (4) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by a person against the Public Service Commission or a deputy head as defined in subsection 2(1) of the Public Service Employment Act and it alleges that a discriminatory practice set out in section 7, 8, 10 or 14 has been engaged in in relation to

        • (a) an appointment or proposed appointment in an internal appointment process under that Act;

        • (b) the revocation of an appointment under that Act; or

        • (c) the laying off of employees under that Act.

  • — 2017, c. 9, ss. 68(1), (4) to (6)

    • 2013, c. 18 and c. 40
      • 68 (1) The following definitions apply in this section.

        other Act

        other Act means the Economic Action Plan 2013 Act, No. 2. (autre loi)

        published date

        published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

      • (4) If subsection 40(2) of this Act comes into force before the published date, and if the published date is before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

      • (5) If subsection 40(2) of this Act comes into force before section 340 of the other Act, and if that section 340 comes into force before the published date, then

        • (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the following:

          • Federal Public Sector Labour Relations Act — employees

            (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

          • Federal Public Sector Labour Relations Act — RCMP members

            (3.1) A complaint made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

        • (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

      • (6) If the day on which section 340 of the other Act comes into force and the published date are the same, and that day and date are after the day on which subsection 40(2) of this Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

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