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

Act current to 2019-05-07 and last amended on 2017-06-19. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2009, c. 2, s. 399

    • 399 The Canadian Human Rights Act is amended by adding the following after section 40.1:

      • Non-application of sections 7, 10 and 11

        40.2 The Commission does not have jurisdiction to deal with complaints made against an employer within the meaning of the Public Sector Equitable Compensation Act alleging that

        • (a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; or

        • (b) the employer has engaged in a discriminatory practice referred to in section 11.

  • — 2018, c. 27, s. 419

    • 419 Subsections 26(1) and (2) of the Canadian Human Rights Act are replaced by the following:

      • Commission established
        • 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, a member referred to as the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.

        • Members

          (2) The Chief Commissioner, the Deputy Chief Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.

        • Required qualifications — Pay Equity Commissioner

          (2.1) The Governor in Council must take into consideration, in appointing the Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.

  • — 2018, c. 27, s. 420

    • 420 The Act is amended by adding the following after section 32:

      • Pay Equity Unit

        32.1 The officers and employees of the Commission that support the Pay Equity Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Pay Equity Act may be referred to as the “Pay Equity Unit”.

  • — 2018, c. 27, s. 421

    • 421 Subsection 36(1) of the Act is replaced by the following:

      • Establishment of divisions
        • 36 (1) Subject to section 36.1, 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.

  • — 2018, c. 27, s. 422

    • 422 The Act is amended by adding the following after section 36:

      • Pay Equity Division
        • 36.1 (1) On receipt of a complaint under section 40 alleging a discriminatory practice under section 11, the Chief Commissioner must establish, for the purposes of Part III, a Pay Equity Division of the Commission of which the Pay Equity Commissioner is the presiding officer.

        • Complaints — section 11

          (2) A Pay Equity Division established under subsection (1) must exercise the powers and perform the duties and functions of the Commission under Part III with respect to the complaint in question.

  • — 2018, c. 27, s. 423

    • 423 The Act is amended by adding the following after section 38:

      Pay Equity Commissioner

      • Powers, duties and functions

        38.1 In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act.

      • Absence or incapacity of Pay Equity Commissioner
        • 38.2 (1) In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.

        • Required qualifications — acting Pay Equity Commissioner

          (2) The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.

  • — 2018, c. 27, s. 424

    • 424 Section 40 of the Act is amended by adding the following after subsection (4):

      • Multiple allegations

        (4.1) If a complaint alleging a discriminatory practice under section 11 also includes allegations to which section 11 does not apply, the Pay Equity Division may

        • (a) exercise the powers and perform the duties and functions of the Commission under this Part with respect to the complaint as filed; or

        • (b) at any stage after the filing of the complaint, sever the complaint and refer to the Commission some or all of the allegations that do not allege a discriminatory practice under section 11.

      • New complaint

        (4.2) If the Pay Equity Division refers allegations severed from a complaint to the Commission under paragraph (4.1)(b), the Commission is deemed to have received a new complaint for the purposes of section 40.

  • — 2018, c. 27, s. 425

      • 425 (1) The Act is amended by adding the following after section 40.1:

        • Non-application of sections 7, 10 and 11

          40.2 The Commission does not have jurisdiction to deal with complaints made by an employee, as defined in subsection 3(1) of the Pay Equity Act, against an employer that is subject to that Act, alleging that

          • (a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees who are performing work of equal value; or

          • (b) the employer has engaged in a discriminatory practice referred to in section 11.

      • (2) Section 40.2 of the Act is renumbered as subsection 40.2(1) and is amended by adding the following:

        • Parliamentary employees

          (2) The Commission does not have jurisdiction to deal with complaints made by an employee, within the meaning of section 86.1 of the Parliamentary Employment and Staff Relations Act, against an employer, within the meaning of that same section, alleging that the employer has engaged in a discriminatory practice referred to in subsection (1).

  • — 2018, c. 27, s. 426

      • 426 (1) Subsection 48.1(1) of the Act is replaced by the following:

        • 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 18 members, including a Chairperson and a Vice-chairperson, as may be appointed by the Governor in Council.

      • (2) Section 48.1 of the Act is amended by adding the following after subsection (4):

        • Knowledge and experience — pay equity

          (4.1) Appointments must be made having regard to the need for adequate knowledge and experience in pay equity matters among the members of the Tribunal.

  • — 2018, c. 27, s. 428

  • — 2018, c. 27, s. 430

    • 430 Section 395 of the Act is repealed.

  • — 2018, c. 27, s. 431

      • 431 (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:

        • Complaints before Canadian Human Rights Commission
          • 396 (1) The following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:

      • (2) Subsection 396(3) of the Act is replaced by the following:

        • Powers of Board

          (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425(1) of the Budget Implementation Act 2018, No. 2.

      • (3) Subsection 396(9) of the Act is replaced by the following:

        • Restriction

          (9) The Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force.

      • (4) Section 396 of the Act is repealed.

  • — 2018, c. 27, s. 432

    • 432 Sections 397 to 399 of the Act are repealed.

  • — 2018, c. 27, s. 439

    • Bill C-81
      • 439 (1) Subsections (2) to (4) apply if Bill C-81, introduced in the 1st session of the 42nd Parliament and entitled the Accessible Canada Act (in this section referred to as the “other Act”), receives royal assent.

      • (2) On the first day on which both section 148 of the other Act and section 419 of this Act are in force, subsections 26(1) and (2) of the Canadian Human Rights Act are replaced by the following:

        • Commission established
          • 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members referred to as the “Accessibility Commissioner” and the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.

          • Members

            (2) The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.

      • (3) On the first day on which both section 151 of the other Act and section 420 of this Act are in force, section 32.1 of the Canadian Human Rights Act, as enacted by section 420 of this Act, is renumbered as section 32.2 and is repositioned accordingly if required.

      • (4) On the first day on which both section 152 of the other Act and section 423 of this Act are in force, sections 38.1 and 38.2 of the Canadian Human Rights Act, as enacted by section 423 of this Act, are renumbered as sections 38.3 and 38.4, respectively, and those sections — and the heading before that section 38.1, as enacted by section 423 of this Act — are repositioned accordingly if required.

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