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

Marginal note:Report
  •  (1) On completion of its investigation under section 45, the Review Committee shall, not later than forty-five days after the matter is referred to it pursuant to paragraph 45(2)(b), provide the Commission, the minister referred to in subsection 45(2) and the complainant with a report containing the findings of the Committee.

  • Marginal note:Action on receipt of report

    (2) After considering a report provided pursuant to subsection (1), the Commission

    • (a) may dismiss the complaint or, where it does not do so, shall proceed to deal with the complaint pursuant to this Part; and

    • (b) shall notify, in writing, the complainant and the person against whom the complaint was made of its action under paragraph (a) and may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of that action.

  • 1984, c. 21, s. 73.

Conciliator

Marginal note:Appointment of conciliator
  •  (1) Subject to subsection (2), the Commission may, on the filing of a complaint, or if the complaint has not been

    • (a) settled in the course of investigation by an investigator,

    • (b) referred or dismissed under subsection 44(2) or (3) or paragraph 45(2)(a) or 46(2)(a), or

    • (c) settled after receipt by the parties of the notice referred to in subsection 44(4),

    appoint a person, in this Part referred to as a “conciliator”, for the purpose of attempting to bring about a settlement of the complaint.

  • Marginal note:Eligibility

    (2) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint.

  • Marginal note:Confidentiality

    (3) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information.

  • 1976-77, c. 33, s. 37;
  • 1980-81-82-83, c. 143, s. 17(F);
  • 1984, c. 21, s. 74.

Settlement

Marginal note:Referral of a settlement to Commission
  •  (1) When, at any stage after the filing of a complaint and before the commencement of a hearing before a Human Rights Tribunal in respect thereof, a settlement is agreed on by the parties, the terms of the settlement shall be referred to the Commission for approval or rejection.

  • Marginal note:Certificate

    (2) If the Commission approves or rejects the terms of a settlement referred to in subsection (1), it shall so certify and notify the parties.

  • Marginal note:Enforcement of settlement

    (3) A settlement approved under this section may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commission or a party to the settlement.

  • R.S., 1985, c. H-6, s. 48;
  • 1998, c. 9, s. 26.

Canadian Human Rights Tribunal

Marginal note:Establishment of Tribunal
  •  (1) There is hereby established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of fifteen members, including a Chairperson and a Vice-chairperson, as may be appointed by the Governor in Council.

  • Marginal note:Qualifications for appointment of members

    (2) Persons appointed as members of the Tribunal must have experience, expertise and interest in, and sensitivity to, human rights.

  • Marginal note:Legal qualifications

    (3) The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Québec.

  • Marginal note:Regional representation

    (4) Appointments are to be made having regard to the need for regional representation in the membership of the Tribunal.

  • Marginal note:Appointment of temporary members — incapacity

    (5) If a member is absent or incapacitated, the Governor in Council may, despite subsection (1), appoint a temporary substitute member to act during the absence or incapacity.

  • Marginal note:Appointment of temporary members — workload

    (6) The Governor in Council may appoint temporary members to the Tribunal for a term of not more than three years whenever, in the opinion of the Governor in Council, the workload of the Tribunal so requires.

  • R.S., 1985, c. 31 (1st Supp.), s. 65;
  • 1998, c. 9, s. 27.
Marginal note:Terms of office
  •  (1) The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3.

  • Marginal note:Acting after expiration of appointment

    (2) A member whose appointment expires may, with the approval of the Chairperson, conclude any inquiry that the member has begun, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.3, 48.6, 50 and 52 to 58.

  • Marginal note:Reappointment

    (3) The Chairperson, Vice-chairperson or any other member whose term has expired is eligible for reappointment in the same or any other capacity.

  • R.S., 1985, c. 31 (1st Supp.), s. 65;
  • 1998, c. 9, s. 27.
Marginal note:Remedial and disciplinary measures
  •  (1) The Chairperson of the Tribunal may request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures for any reason set out in paragraphs (13)(a) to (d).

  • Marginal note:Measures

    (2) On receipt of the request, the Minister may take one or more of the following measures:

    • (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

    • (b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

    • (c) request of the Governor in Council that an inquiry be held under subsection (3); or

    • (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.

  • Marginal note:Appointment of inquirer

    (3) On receipt of a request referred to in paragraph (2)(c), the Governor in Council may, on the recommendation of the Minister, appoint a judge of a superior court to conduct the inquiry.

  • Marginal note:Powers

    (4) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to

    • (a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

    • (b) administer oaths and examine any person on oath.

  • Marginal note:Staff

    (5) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, and may establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

  • Marginal note:Inquiry in public

    (6) Subject to subsections (7) and (8), an inquiry shall be conducted in public.

  • Marginal note:Confidentiality of inquiry

    (7) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that

    • (a) there is a real and substantial risk that matters involving public security will be disclosed;

    • (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    • (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

  • Marginal note:Confidentiality of application

    (8) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (7).

  • Marginal note:Rules of evidence

    (9) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

  • Marginal note:Intervenors

    (10) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.

  • Marginal note:Right to be heard

    (11) The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

  • Marginal note:Report to Minister

    (12) After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister.

  • Marginal note:Recommendations

    (13) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the member

    • (a) has become incapacitated from the proper execution of that office by reason of infirmity;

    • (b) has been guilty of misconduct;

    • (c) has failed in the proper execution of that office; or

    • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.

  • Marginal note:Transmission of report to Governor in Council

    (14) When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

  • R.S., 1985, c. 31 (1st Supp.), s. 65;
  • 1998, c. 9, s. 27.
 
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