PART IICanadian Human Rights Commission (continued)
Officers and Staff (continued)
Marginal note:Head office
Marginal note:Other offices
(2) The Commission may establish such regional or branch offices, not exceeding twelve, as it considers necessary to carry out its powers, duties and functions under this Act.
(3) The Commission may meet for the conduct of its affairs at such times and in such places as the Chief Commissioner considers necessary or desirable.
- 1976-77, c. 33, s. 28
Marginal note:Majority is a decision of the Commission
35 A decision of the majority of the members present at a meeting of the Commission, if the members present constitute a quorum, is a decision of the Commission.
- 1976-77, c. 33, s. 28
Marginal note: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.
Marginal note:Designation of presiding officer
(2) Where a division of the Commission has been established pursuant to subsection (1), the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division.
- R.S., 1985, c. H-6, s. 36
- 2018, c. 27, s. 421
Marginal note: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.
Marginal note: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.
(a) respecting the calling of meetings of the Commission or any division thereof and the fixing of quorums for the purposes of those meetings;
(b) respecting the conduct of business at meetings of the Commission or any division thereof;
(c) respecting the establishment of committees of the Commission, the delegation of powers, duties and functions to those committees and the fixing of quorums for meetings thereof;
(d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in Yukon, the Northwest Territories or Nunavut;
(e) prescribing the rates of remuneration to be paid to part-time members of the Commission and any person engaged under subsection 32(2); and
(f) prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2).
Marginal note:Treasury Board approval
(2) No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board.
- R.S., 1985, c. H-6, s. 37
- 1993, c. 28, s. 78
- 1998, c. 9, s. 21
- 2002, c. 7, s. 126
Marginal note:Superannuation, etc.
38 The full-time members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
- R.S., 1985, c. H-6, s. 38
- 2003, c. 22, s. 137(E)
Marginal note:Powers, duties and functions
Marginal note:Absence or incapacity of Accessibility Commissioner
38.2 In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility 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 Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.
Pay Equity Commissioner
Marginal note:Powers, duties and functions
Marginal note:Absence or incapacity of Pay Equity Commissioner
38.4 (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.
Marginal note: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.
PART IIIDiscriminatory Practices and General Provisions
Definition of discriminatory practice
39 For the purposes of this Part, a discriminatory practice means any practice that is a discriminatory practice within the meaning of sections 5 to 14.1.
- R.S., 1985, c. H-6, s. 39
- 1998, c. 9, s. 22
40 (1) Subject to subsections (5) and (7), any individual or group of individuals having reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice may file with the Commission a complaint in a form acceptable to the Commission.
Marginal note:Consent of victim
(2) If a complaint is made by someone other than the individual who is alleged to be the victim of the discriminatory practice to which the complaint relates, the Commission may refuse to deal with the complaint unless the alleged victim consents thereto.
Marginal note:Investigation commenced by Commission
(3) Where the Commission has reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice, the Commission may initiate a complaint.
Marginal note:Complaints may be dealt with together
(4) If complaints are filed jointly or separately by more than one individual or group alleging that a particular person is engaging or has engaged in a discriminatory practice or a series of similar discriminatory practices and the Commission is satisfied that the complaints involve substantially the same issues of fact and law, it may deal with the complaints together under this Part and may request the Chairperson of the Tribunal to institute a single inquiry into the complaints under section 49.
Marginal note: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.
Marginal note: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.
Marginal note:No complaints to be considered in certain cases
(5) No complaint in relation to a discriminatory practice may be dealt with by the Commission under this Part unless the act or omission that constitutes the practice
(a) occurred in Canada and the victim of the practice was at the time of the act or omission either lawfully present in Canada or, if temporarily absent from Canada, entitled to return to Canada;
(b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10 or 12 in respect of which no particular individual is identifiable as the victim;
(c) occurred outside Canada and the victim of the practice was at the time of the act or omission a Canadian citizen or an individual lawfully admitted to Canada for permanent residence.
Marginal note:Determination of status
(6) Where a question arises under subsection (5) as to the status of an individual in relation to a complaint, the Commission shall refer the question of status to the appropriate Minister and shall not proceed with the complaint unless the question of status is resolved thereby in favour of the complainant.
Marginal note:No complaints to be dealt with in certain cases
(7) No complaint may be dealt with by the Commission pursuant to subsection (1) that relates to the terms and conditions of a superannuation or pension fund or plan, if the relief sought would require action to be taken that would deprive any contributor to, participant in or member of, the fund or plan of any rights acquired under the fund or plan before March 1, 1978 or of any pension or other benefits accrued under the fund or plan to that date, including
- R.S., 1985, c. H-6, s. 40
- R.S., 1985, c. 31 (1st Supp.), s. 62
- 1995, c. 44, s. 47
- 1998, c. 9, s. 23
- 2013, c. 37, s. 3
- 2018, c. 27, s. 424
- Date modified: