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

Powers, Duties and Functions

Marginal note:Powers, duties and functions

• 27 (1) In addition to its duties under Part III with respect to complaints regarding discriminatory practices, the Commission is generally responsible for the administration of this Part and Parts I and III and

  • (a) shall develop and conduct information programs to foster public understanding of this Act and of the role and activities of the Commission thereunder and to foster public recognition of the principle described in section 2;

  • (b) shall undertake or sponsor research programs relating to its duties and functions under this Act and respecting the principle described in section 2;

  • (c) shall maintain close liaison with similar bodies or authorities in the provinces in order to foster common policies and practices and to avoid conflicts respecting the handling of complaints in cases of overlapping jurisdiction;

  • (d) shall perform duties and functions to be performed by it pursuant to any agreement entered into under subsection 28(2);

  • (e) may consider such recommendations, suggestions and requests concerning human rights and freedoms as it receives from any source and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any such recommendation, suggestion or request;

  • (f) shall carry out or cause to be carried out such studies concerning human rights and freedoms as may be referred to it by the Minister of Justice and include in a report referred to in section 61 a report setting out the results of each such study together with such recommendations in relation thereto as it considers appropriate;

  • (g) may review any regulations, rules, orders, by-laws and other instruments made pursuant to an Act of Parliament and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any provision thereof that in its opinion is inconsistent with the principle described in section 2; and

  • (h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1.

• Marginal note:Guidelines

  (2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline.

• Marginal note:Guideline binding

  (3) A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline.

• Marginal note:Publication

  (4) Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette.

Marginal note:Assignment of duties

• 28 (1) On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Employment and Social Development such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the federal public administration as are specified in the order.

• Marginal note:Interdelegation

  (2) Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified.

Marginal note:Regulations

29 The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III.

Remuneration

Marginal note:Salaries and remuneration

• 30 (1) Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by by-law of the Commission, for attendance at meetings of the Commission, or of any division or committee of the Commission, that the member is requested by the Chief Commissioner to attend.

• Marginal note:Additional remuneration

  (2) A part-time member of the Commission may, for any period during which that member, with the approval of the Chief Commissioner, performs any duties and functions additional to the normal duties and functions of that member on behalf of the Commission, be paid such additional remuneration as is prescribed by by-law of the Commission.

• Marginal note:Travel expenses

  (3) Each member of the Commission is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as are prescribed by by-law of the Commission.

Officers and Staff

Marginal note:Chief Commissioner

• 31 (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Chief Commissioner, or if that office is vacant, the Deputy Chief Commissioner has all the powers and may perform all the duties and functions of the Chief Commissioner.

• Marginal note:Idem

  (3) In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner.

Marginal note:Staff

• 32 (1) Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Contractual assistance

  (2) The Commission may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act, and those persons may be paid such remuneration and expenses as may be prescribed by by-law of the Commission.

Marginal note:Compliance with security requirements

• 33 (1) Every member of the Commission and every person employed by the Commission who is required to receive or obtain information relating to any investigation under this Act shall, with respect to access to and the use of such information, comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, individuals who normally have access to and use of such information.

• Marginal note:Disclosure

  (2) Every member of the Commission and every person employed by the Commission shall take every reasonable precaution to avoid disclosing any matter the disclosure of which

  • (a) might be injurious to international relations, national defence or security or federal-provincial relations;

  • (b) would disclose a confidence of the Queen’s Privy Council for Canada;

  • (c) would be likely to disclose information obtained or prepared by any investigative body of the Government of Canada

    • (i) in relation to national security,

    • (ii) in the course of investigations pertaining to the detection or suppression of crime generally, or

    • (iii) in the course of investigations pertaining to particular offences against any Act of Parliament;

  • (d) might, in respect of any individual under sentence for an offence against any Act of Parliament,

    • (i) lead to a serious disruption of that individual’s institutional, parole or mandatory supervision program,

    • (ii) reveal information originally obtained on a promise of confidentiality, express or implied, or

    • (iii) result in physical or other harm to that individual or any other person;

  • (e) might impede the functioning of a court of law, or a quasi-judicial board, commission or other tribunal or any inquiry established under the Inquiries Act; or

  • (f) might disclose legal opinions or advice provided to a government department or body or privileged communications between lawyer and client in a matter of government business.