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

Act current to 2014-09-15 and last amended on 2014-06-26. Previous Versions

Marginal note:Definitions
  •  (1) In this section,

    “designated groups”

    « groupes désignés »

    “designated groups” has the meaning assigned in section 3 of the Employment Equity Act; and

    “employer”

    « employeur »

    “employer” means a person who or organization that discharges the obligations of an employer under the Employment Equity Act.

  • Marginal note: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.

  • Marginal note: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.

 [Repealed, 1998, c. 9, s. 29]

Marginal note:Enforcement of order

 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.
Marginal note:Application respecting disclosure of information
  •  (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.

  • Marginal note: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 of that Act.

  • R.S., 1985, c. H-6, s. 58;
  • 1998, c. 9, s. 30;
  • 2001, c. 41, s. 45.