PART IIIDiscriminatory Practices and General Provisions (continued)
Marginal note:Action on receipt of report
(2) If, on receipt of a report referred to in subsection (1), the Commission is satisfied
(a) that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or
(b) that the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under an Act of Parliament other than this Act,
it shall refer the complainant to the appropriate authority.
(3) On receipt of a report referred to in subsection (1), the Commission
(a) may request the Chairperson of the Tribunal to institute an inquiry under section 49 into the complaint to which the report relates if the Commission is satisfied
(b) shall dismiss the complaint to which the report relates if it is satisfied
(4) After receipt of a report referred to in subsection (1), the Commission
- R.S., 1985, c. H-6, s. 44
- R.S., 1985, c. 31 (1st Supp.), s. 64
- 1998, c. 9, s. 24
Definition of Review Committee
Marginal note:Complaint involving security considerations
(2) When, at any stage after the filing of a complaint and before the commencement of a hearing before a member or panel in respect of the complaint, the Commission receives written notice from a minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may
(3) After receipt of a notice mentioned in subsection (2), the Commission
Marginal note:Stay of procedures
(4) Where the Commission has referred the matter to the Review Committee pursuant to paragraph (2)(b), it shall not deal with the complaint until the Review Committee has, pursuant to subsection 46(1), provided it with a report in relation to the matter.
Marginal note:Application of the Canadian Security Intelligence Service Act
(5) Where a matter is referred to the Review Committee pursuant to paragraph (2)(b), subsections 39(2) and (3) and sections 43, 44 and 47 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the matter as if the referral were a complaint made pursuant to section 42 of that Act except that a reference in any of those provisions to “deputy head” shall be read as a reference to the minister referred to in subsection (2).
Marginal note:Statement to be sent to person affected
(6) The Review Committee shall, as soon as practicable after a matter in relation to a complaint is referred to it pursuant to paragraph (2)(b), send to the complainant a statement summarizing such information available to it as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the referral.
- R.S., 1985, c. H-6, s. 45
- 1998, c. 9, s. 25
46 (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
Marginal note:Appointment of conciliator
(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.
(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.
(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
Marginal note:Referral of a settlement to Commission
48 (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.
(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
48.1 (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
- Date modified: