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

Marginal note:Conduct of inquiry

• 50 (1) After due notice to the Commission, the complainant, the person against whom the complaint was made and, at the discretion of the member or panel conducting the inquiry, any other interested party, the member or panel shall inquire into the complaint and shall give all parties to whom notice has been given a full and ample opportunity, in person or through counsel, to appear at the inquiry, present evidence and make representations.

• Marginal note:Power to determine questions of law or fact

  (2) In the course of hearing and determining any matter under inquiry, the member or panel may decide all questions of law or fact necessary to determining the matter.

• Marginal note:Additional powers

  (3) In relation to a hearing of the inquiry, the member or panel may

  • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the complaint;

  • (b) administer oaths;

  • (c) subject to subsections (4) and (5), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;

  • (d) lengthen or shorten any time limit established by the rules of procedure; and

  • (e) decide any procedural or evidentiary question arising during the hearing.

• Marginal note:Limitation in relation to evidence

  (4) The member or panel may not admit or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

• Marginal note:Conciliators as witnesses

  (5) A conciliator appointed to settle the complaint is not a competent or compellable witness at the hearing.

• Marginal note:Witness fees

  (6) Any person summoned to attend the hearing is entitled in the discretion of the member or panel to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.

Marginal note:Duty of Commission on appearing

51 In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the complaint.

Marginal note:Hearing in public subject to confidentiality order

• 52 (1) An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, 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;

  • (c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

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

• Marginal note:Confidentiality of application

  (2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).

Marginal note:Complaint dismissed

• 53 (1) At the conclusion of an inquiry, the member or panel conducting the inquiry shall dismiss the complaint if the member or panel finds that the complaint is not substantiated.

• Marginal note:Complaint substantiated

  (2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate:

  • (a) that the person cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from occurring in future, including

    • (i) the adoption of a special program, plan or arrangement referred to in subsection 16(1), or

    • (ii) making an application for approval and implementing a plan under section 17;

  • (b) that the person make available to the victim of the discriminatory practice, on the first reasonable occasion, the rights, opportunities or privileges that are being or were denied the victim as a result of the practice;

  • (c) that the person compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of the discriminatory practice;

  • (d) that the person compensate the victim for any or all additional costs of obtaining alternative goods, services, facilities or accommodation and for any expenses incurred by the victim as a result of the discriminatory practice; and

  • (e) that the person compensate the victim, by an amount not exceeding twenty thousand dollars, for any pain and suffering that the victim experienced as a result of the discriminatory practice.

• Marginal note:Special compensation

  (3) In addition to any order under subsection (2), the member or panel may order the person to pay such compensation not exceeding twenty thousand dollars to the victim as the member or panel may determine if the member or panel finds that the person is engaging or has engaged in the discriminatory practice wilfully or recklessly.

• Marginal note:Interest

  (4) Subject to the rules made under section 48.9, an order to pay compensation under this section may include an award of interest at a rate and for a period that the member or panel considers appropriate.

Marginal note:Limitation

54 No order that is made under subsection 53(2) may contain a term

• (a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or

• (b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith.

Marginal note:Definitions

• 54.1 (1) In this section,

  designated groups

  designated groups has the meaning assigned in section 3 of the Employment Equity Act; and (groupes désignés)

  employer

  employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act. (employeur)

• 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.

55 and 56 [Repealed, 1998, c. 9, s. 29]

Marginal note:Enforcement of order

57 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.

Marginal note:Application respecting disclosure of information

• 58 (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 or 38.2 to 38.41 of that Act.

Marginal note:Intimidation or discrimination

59 No person shall threaten, intimidate or discriminate against an individual because that individual has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Part, or because that individual proposes to do so.

Offences and Punishment

Marginal note:Offence

• 60 (1) Every person is guilty of an offence who

  • (a) [Repealed, 1998, c. 9, s. 31]

  • (b) obstructs a member or panel in carrying out its functions under this Part; or

  • (c) contravenes subsection 11(6) or 43(3) or section 59.

• Marginal note:Punishment

  (2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding $50,000.

• Marginal note:Prosecution of employer or employee organization

  (3) A prosecution for an offence under this section may be brought against an employer organization or employee organization and in the name of the organization and, for the purpose of the prosecution, the organization is deemed to be a person and any act or thing done or omitted by an officer or agent of the organization within the scope of their authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

• Marginal note:Consent of Attorney General

  (4) A prosecution for an offence under this section may not be instituted except by or with the consent of the Attorney General of Canada.

• Marginal note:Limitation period

  (5) A prosecution for an offence under this section may not be instituted more than one year after the subject-matter of the proceedings arose.