PART IICanadian Human Rights Commission (continued)
Officers and Staff (continued)
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)
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: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
Marginal note:Employment equity complaints
(2) No complaint may be dealt with by the Commission pursuant to section 40 where
(a) the complaint is made against an employer alleging that the employer has engaged in a discriminatory practice set out in section 7 or paragraph 10(a); and
(b) the complaint is based solely on statistical information that purports to show that members of one or more designated groups are underrepresented in the employer’s workforce.
- 1995, c. 44, s. 48
Marginal note:Commission to deal with complaint
(a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available;
(b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act;
(c) the complaint is beyond the jurisdiction of the Commission;
(d) the complaint is trivial, frivolous, vexatious or made in bad faith; or
(e) the complaint is based on acts or omissions the last of which occurred more than one year, or such longer period of time as the Commission considers appropriate in the circumstances, before receipt of the complaint.
Marginal note:Commission may decline to deal with complaint
(2) The Commission may decline to deal with a complaint referred to in paragraph 10(a) in respect of an employer where it is of the opinion that the matter has been adequately dealt with in the employer’s employment equity plan prepared pursuant to section 10 of the Employment Equity Act.
Meaning of employer
- R.S., 1985, c. H-6, s. 41
- 1994, c. 26, s. 34(F)
- 1995, c. 44, s. 49
Marginal note:Attributing fault for delay
(2) Before deciding that a complaint will not be dealt with because a procedure referred to in paragraph 41(a) has not been exhausted, the Commission shall satisfy itself that the failure to exhaust the procedure was attributable to the complainant and not to another.
- 1976-77, c. 33, s. 34
Marginal note:Designation of investigator
Marginal note:Manner of investigation
(2) An investigator shall investigate a complaint in a manner authorized by regulations made pursuant to subsection (4).
Marginal note:Power to enter
(2.1) Subject to such limitations as the Governor in Council may prescribe in the interests of national defence or security, an investigator with a warrant issued under subsection (2.2) may, at any reasonable time, enter and search any premises in order to carry out such inquiries as are reasonably necessary for the investigation of a complaint.
Marginal note:Authority to issue warrant
(2.2) Where on ex parte application a judge of the Federal Court is satisfied by information on oath that there are reasonable grounds to believe that there is in any premises any evidence relevant to the investigation of a complaint, the judge may issue a warrant under the judge’s hand authorizing the investigator named therein to enter and search those premises for any such evidence subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(2.3) In executing a warrant issued under subsection (2.2), the investigator named therein shall not use force unless the investigator is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Marginal note:Production of books
(2.4) An investigator may require any individual found in any premises entered pursuant to this section to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents containing any matter relevant to the investigation being conducted by the investigator.
(3) No person shall obstruct an investigator in the investigation of a complaint.
(4) The Governor in Council may make regulations
- R.S., 1985, c. H-6, s. 43
- R.S., 1985, c. 31 (1st Supp.), s. 63
- Date modified: