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

Act current to 2019-06-20 and last amended on 2017-06-19. Previous Versions

PART IICanadian Human Rights Commission (continued)

Powers, Duties and Functions (continued)

Marginal note:Assignment of duties

  •  (1) On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Employment and Social Development such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the federal public administration as are specified in the order.

  • Marginal note:Interdelegation

    (2) Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified.

  • R.S., 1985, c. H-6, s. 28
  • 1996, c. 11, s. 61
  • 2003, c. 22, s. 224(E)
  • 2005, c. 34, s. 79
  • 2013, c. 40, s. 237

Marginal note:Regulations

 The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III.

  • 1976-77, c. 33, s. 23

Remuneration

Marginal note:Salaries and remuneration

  •  (1) Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by by-law of the Commission, for attendance at meetings of the Commission, or of any division or committee of the Commission, that the member is requested by the Chief Commissioner to attend.

  • Marginal note:Additional remuneration

    (2) A part-time member of the Commission may, for any period during which that member, with the approval of the Chief Commissioner, performs any duties and functions additional to the normal duties and functions of that member on behalf of the Commission, be paid such additional remuneration as is prescribed by by-law of the Commission.

  • Marginal note:Travel expenses

    (3) Each member of the Commission is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as are prescribed by by-law of the Commission.

  • 1976-77, c. 33, s. 24

Officers and Staff

Marginal note:Chief Commissioner

  •  (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the Chief Commissioner, or if that office is vacant, the Deputy Chief Commissioner has all the powers and may perform all the duties and functions of the Chief Commissioner.

  • Marginal note:Idem

    (3) In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner.

  • 1976-77, c. 33, s. 25

Marginal note:Staff

  •  (1) Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Contractual assistance

    (2) The Commission may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act, and those persons may be paid such remuneration and expenses as may be prescribed by by-law of the Commission.

  • 1976-77, c. 33, s. 26

Marginal note:Compliance with security requirements

  •  (1) Every member of the Commission and every person employed by the Commission who is required to receive or obtain information relating to any investigation under this Act shall, with respect to access to and the use of such information, comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, individuals who normally have access to and use of such information.

  • Marginal note:Disclosure

    (2) Every member of the Commission and every person employed by the Commission shall take every reasonable precaution to avoid disclosing any matter the disclosure of which

    • (a) might be injurious to international relations, national defence or security or federal-provincial relations;

    • (b) would disclose a confidence of the Queen’s Privy Council for Canada;

    • (c) would be likely to disclose information obtained or prepared by any investigative body of the Government of Canada

      • (i) in relation to national security,

      • (ii) in the course of investigations pertaining to the detection or suppression of crime generally, or

      • (iii) in the course of investigations pertaining to particular offences against any Act of Parliament;

    • (d) might, in respect of any individual under sentence for an offence against any Act of Parliament,

      • (i) lead to a serious disruption of that individual’s institutional, parole or mandatory supervision program,

      • (ii) reveal information originally obtained on a promise of confidentiality, express or implied, or

      • (iii) result in physical or other harm to that individual or any other person;

    • (e) might impede the functioning of a court of law, or a quasi-judicial board, commission or other tribunal or any inquiry established under the Inquiries Act; or

    • (f) might disclose legal opinions or advice provided to a government department or body or privileged communications between lawyer and client in a matter of government business.

  • 1976-77, c. 33, s. 27

Marginal note:Head office

  •  (1) The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Other offices

    (2) The Commission may establish such regional or branch offices, not exceeding twelve, as it considers necessary to carry out its powers, duties and functions under this Act.

  • Marginal note:Meetings

    (3) The Commission may meet for the conduct of its affairs at such times and in such places as the Chief Commissioner considers necessary or desirable.

  • 1976-77, c. 33, s. 28

Marginal note:Majority is a decision of the Commission

 A decision of the majority of the members present at a meeting of the Commission, if the members present constitute a quorum, is a decision of the Commission.

  • 1976-77, c. 33, s. 28

Marginal note:Establishment of divisions

  •  (1) For the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission, except the making of by-laws, may, as directed by the Commission, be exercised or performed by all or any of those divisions.

  • Marginal note:Designation of presiding officer

    (2) Where a division of the Commission has been established pursuant to subsection (1), the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division.

  • 1976-77, c. 33, s. 28

Marginal note:By-laws

  •  (1) The Commission may make by-laws for the conduct of its affairs and, without limiting the generality of the foregoing, may make by-laws

    • (a) respecting the calling of meetings of the Commission or any division thereof and the fixing of quorums for the purposes of those meetings;

    • (b) respecting the conduct of business at meetings of the Commission or any division thereof;

    • (c) respecting the establishment of committees of the Commission, the delegation of powers, duties and functions to those committees and the fixing of quorums for meetings thereof;

    • (d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in Yukon, the Northwest Territories or Nunavut;

    • (e) prescribing the rates of remuneration to be paid to part-time members of the Commission and any person engaged under subsection 32(2); and

    • (f) prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2).

  • Marginal note:Treasury Board approval

    (2) No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board.

  • R.S., 1985, c. H-6, s. 37
  • 1993, c. 28, s. 78
  • 1998, c. 9, s. 21
  • 2002, c. 7, s. 126
 
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