PART IICompliance (continued)
Requests for Review or Order
Marginal note:Employer’s request for review
Marginal note:Commission may apply
(2) If the Commission is of the opinion that an employer has failed to comply with a direction issued by the Commission, the Commission may apply to the Chairperson for an order confirming the direction.
(3) No application may be made pursuant to subsection (2) where the employer has requested a review in accordance with subsection (1).
- 1995, c. 44, s. 27;
- 1998, c. 9, s. 38.
Employment Equity Review Tribunals
Marginal note:Establishment of Tribunals
28 (1) If an employer makes a request under subsection 27(1) or the Commission makes an application under subsection 27(2), the Chairperson shall establish an Employment Equity Review Tribunal to consider the request or application.
(2) The Chairperson shall appoint a Tribunal consisting of one member of the Canadian Human Rights Tribunal, but the Chairperson may appoint a Tribunal of three members if the Chairperson considers that the complexity or precedential significance of the request or application requires a Tribunal of three members.
Marginal note:Qualifications of members
(3) The Chairperson shall, in appointing members of the Tribunal, take into consideration their knowledge and experience in employment equity matters.
(4) If a Tribunal consists of more than one member, the Chairperson shall designate one of the members to preside over the hearings of the Tribunal.
Marginal note:Acting after expiration of appointment
(4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of subsection 48.2(2) of the Canadian Human Rights Act.
Marginal note:Travel expenses
(6) Members are entitled to be paid any travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their ordinary place of residence that may be provided for under subsection 48.6(2) of the Canadian Human Rights Act.
(7) [Repealed, 2014, c. 20, s. 463]
Marginal note:Government services and facilities
(8) In performing its duties and functions, a Tribunal shall, where available, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
(9) The Chairperson may make rules governing the practice and procedure of Tribunals.
Marginal note:Security requirements
(10) Every member or other person acting on behalf of or under the direction of a Tribunal who receives or obtains information relating to a request or application referred to in subsection (1) shall, with respect to access to and use of that information by that member or other person, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.
- 1995, c. 44, s. 28;
- 1998, c. 9, s. 39;
- 2014, c. 20, s. 463;
- 2017, c. 26, s. 18.
Marginal note:Powers of Tribunal
(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 and written evidence on oath and to produce such documents and things as the Tribunal considers necessary for a full review;
(b) administer oaths; and
(c) receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Tribunal sees fit, whether or not that evidence or information would be admissible in a court of law.
Marginal note:How matters to be dealt with
(2) A Tribunal shall conduct any matter that comes before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Marginal note:Hearings to be public
(3) Subject to subsection (4), a hearing before a Tribunal shall be conducted in public.
Marginal note:Hearings may be in camera
(4) A hearing before a Tribunal may, on the request of an employer, be held in camera if the employer establishes to the satisfaction of the Tribunal that the circumstances of the case so require.
Marginal note:Reasons for decision
(5) A Tribunal shall provide the parties to a proceeding before the Tribunal with written reasons for its decision.
Marginal note:Reasons for decision
(6) A Tribunal shall, on request by any person, provide the person with a copy of any decision of the Tribunal, including a decision under subsection (4) to hold a hearing in camera, together with the written reasons for the decision.
Marginal note:Decision of Tribunal
Marginal note:Board may vary or rescind
(2) A Tribunal may vary or rescind any order made by it.
Marginal note:Orders are final
- 1995, c. 44, s. 30;
- 2002, c. 8, s. 182.
Marginal note:Enforcement of orders
(2) To make an order of a Tribunal an order of the Federal Court, the usual practice and procedure of the Court may be followed or a certified copy of the order may be filed with the registrar of the Court, and from the time of filing the order becomes an order of the Court.
Marginal note:Report of activities of Human Rights Commission
32 The Commission shall include in its annual report referred to in section 61 of the Canadian Human Rights Act a report of its activities, including an assessment of their effectiveness, under this Act during the year.
Limitations respecting Directions and Orders
(a) cause undue hardship on an employer;
(b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed;
(c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations;
(d) require an employer to create new positions in its workforce;
(e) impose a quota on an employer; or
(f) in the case of a direction or order respecting the establishment of short term numerical goals, fail to take into account the factors set out in subsection 10(2).
Marginal note:Meaning of quota
(2) In paragraph (1)(e), quota means a requirement to hire or promote a fixed and arbitrary number of persons during a given period.
Marginal note:Public sector
(3) In making a direction or order that applies to the public sector, the Commission, in the case of a direction, and a Tribunal, in the case of an order, shall take into account the respective roles and responsibilities of
- 1995, c. 44, s. 33;
- 2003, c. 22, s. 238.
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