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Employment Equity Act

Version of section 28 from 2017-12-12 to 2019-07-01:


Marginal note:Establishment of Tribunals

  •  (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.

  • Marginal note:Composition

    (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.

  • Marginal note:Presiding

    (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:Remuneration

    (5) The members of a Tribunal shall be paid such remuneration as may be provided for under subsection 48.6(1) 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  • (7) [Repealed, 2014, c. 20, s. 463]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.

  • Marginal note:Rules

    (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
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