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

PART IIIDiscriminatory Practices and General Provisions (continued)

Investigation (continued)

Marginal note:Report

  •  (1) An investigator shall, as soon as possible after the conclusion of an investigation, submit to the Commission a report of the findings of the investigation.

  • Marginal note:Action on receipt of report

    (2) If, on receipt of a report referred to in subsection (1), the Commission is satisfied

    • (a) that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or

    • (b) that the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under an Act of Parliament other than this Act,

    it shall refer the complainant to the appropriate authority.

  • Marginal note:Idem

    (3) On receipt of a report referred to in subsection (1), the Commission

    • (a) may request the Chairperson of the Tribunal to institute an inquiry under section 49 into the complaint to which the report relates if the Commission is satisfied

      • (i) that, having regard to all the circumstances of the complaint, an inquiry into the complaint is warranted, and

      • (ii) that the complaint to which the report relates should not be referred pursuant to subsection (2) or dismissed on any ground mentioned in paragraphs 41(c) to (e); or

    • (b) shall dismiss the complaint to which the report relates if it is satisfied

      • (i) that, having regard to all the circumstances of the complaint, an inquiry into the complaint is not warranted, or

      • (ii) that the complaint should be dismissed on any ground mentioned in paragraphs 41(c) to (e).

  • Marginal note:Notice

    (4) After receipt of a report referred to in subsection (1), the Commission

    • (a) shall notify in writing the complainant and the person against whom the complaint was made of its action under subsection (2) or (3); and

    • (b) may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under subsection (2) or (3).

  • R.S., 1985, c. H-6, s. 44
  • R.S., 1985, c. 31 (1st Supp.), s. 64
  • 1998, c. 9, s. 24

Definition of Review Committee

  •  (1) In this section and section 46, Review Committee has the meaning assigned to that expression by the Canadian Security Intelligence Service Act.

  • Marginal note:Complaint involving security considerations

    (2) When, at any stage after the filing of a complaint and before the commencement of a hearing before a member or panel in respect of the complaint, the Commission receives written notice from a minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may

    • (a) dismiss the complaint; or

    • (b) refer the matter to the Review Committee.

  • Marginal note:Notice

    (3) After receipt of a notice mentioned in subsection (2), the Commission

    • (a) shall notify in writing the complainant and the person against whom the complaint was made of its action under paragraph (2)(a) or (b); and

    • (b) may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under paragraph 2(a) or (b).

  • Marginal note:Stay of procedures

    (4) Where the Commission has referred the matter to the Review Committee pursuant to paragraph (2)(b), it shall not deal with the complaint until the Review Committee has, pursuant to subsection 46(1), provided it with a report in relation to the matter.

  • Marginal note:Application of the Canadian Security Intelligence Service Act

    (5) Where a matter is referred to the Review Committee pursuant to paragraph (2)(b), subsections 39(2) and (3) and sections 43, 44 and 47 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the matter as if the referral were a complaint made pursuant to section 42 of that Act except that a reference in any of those provisions to “deputy head” shall be read as a reference to the minister referred to in subsection (2).

  • Marginal note:Statement to be sent to person affected

    (6) The Review Committee shall, as soon as practicable after a matter in relation to a complaint is referred to it pursuant to paragraph (2)(b), send to the complainant a statement summarizing such information available to it as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the referral.

  • R.S., 1985, c. H-6, s. 45
  • 1998, c. 9, s. 25

Marginal note:Report

  •  (1) On completion of its investigation under section 45, the Review Committee shall, not later than forty-five days after the matter is referred to it pursuant to paragraph 45(2)(b), provide the Commission, the minister referred to in subsection 45(2) and the complainant with a report containing the findings of the Committee.

  • Marginal note:Action on receipt of report

    (2) After considering a report provided pursuant to subsection (1), the Commission

    • (a) may dismiss the complaint or, where it does not do so, shall proceed to deal with the complaint pursuant to this Part; and

    • (b) shall notify, in writing, the complainant and the person against whom the complaint was made of its action under paragraph (a) and may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of that action.

  • 1984, c. 21, s. 73

Conciliator

Marginal note:Appointment of conciliator

  •  (1) Subject to subsection (2), the Commission may, on the filing of a complaint, or if the complaint has not been

    • (a) settled in the course of investigation by an investigator,

    • (b) referred or dismissed under subsection 44(2) or (3) or paragraph 45(2)(a) or 46(2)(a), or

    • (c) settled after receipt by the parties of the notice referred to in subsection 44(4),

    appoint a person, in this Part referred to as a “conciliator”, for the purpose of attempting to bring about a settlement of the complaint.

  • Marginal note:Eligibility

    (2) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint.

  • Marginal note:Confidentiality

    (3) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information.

  • 1976-77, c. 33, s. 37
  • 1980-81-82-83, c. 143, s. 17(F)
  • 1984, c. 21, s. 74

Settlement

Marginal note:Referral of a settlement to Commission

  •  (1) When, at any stage after the filing of a complaint and before the commencement of a hearing before a Human Rights Tribunal in respect thereof, a settlement is agreed on by the parties, the terms of the settlement shall be referred to the Commission for approval or rejection.

  • Marginal note:Certificate

    (2) If the Commission approves or rejects the terms of a settlement referred to in subsection (1), it shall so certify and notify the parties.

  • Marginal note:Enforcement of settlement

    (3) A settlement approved under this section may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commission or a party to the settlement.

  • R.S., 1985, c. H-6, s. 48
  • 1998, c. 9, s. 26

Canadian Human Rights Tribunal

Marginal note:Establishment of Tribunal

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

  • Marginal note:Qualifications for appointment of members

    (2) Persons appointed as members of the Tribunal must have experience, expertise and interest in, and sensitivity to, human rights.

  • Marginal note:Legal qualifications

    (3) The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Québec.

  • Marginal note:Regional representation

    (4) Appointments are to be made having regard to the need for regional representation in the membership of the Tribunal.

  • Marginal note:Appointment of temporary members — incapacity

    (5) If a member is absent or incapacitated, the Governor in Council may, despite subsection (1), appoint a temporary substitute member to act during the absence or incapacity.

  • Marginal note:Appointment of temporary members — workload

    (6) The Governor in Council may appoint temporary members to the Tribunal for a term of not more than three years whenever, in the opinion of the Governor in Council, the workload of the Tribunal so requires.

  • R.S., 1985, c. 31 (1st Supp.), s. 65
  • 1998, c. 9, s. 27
 
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