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)

Canadian Human Rights Tribunal (continued)

Marginal note:Terms of office

  •  (1) The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3.

  • Marginal note:Acting after expiration of appointment

    (2) A member whose appointment expires may, with the approval of the Chairperson, conclude any inquiry that the member has begun, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.3, 48.6, 50 and 52 to 58.

  • Marginal note:Reappointment

    (3) The Chairperson, Vice-chairperson or any other member whose term has expired is eligible for reappointment in the same or any other capacity.

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

Marginal note:Remedial and disciplinary measures

  •  (1) The Chairperson of the Tribunal may request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures for any reason set out in paragraphs (13)(a) to (d).

  • Marginal note:Measures

    (2) On receipt of the request, the Minister may take one or more of the following measures:

    • (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

    • (b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

    • (c) request of the Governor in Council that an inquiry be held under subsection (3); or

    • (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.

  • Marginal note:Appointment of inquirer

    (3) On receipt of a request referred to in paragraph (2)(c), the Governor in Council may, on the recommendation of the Minister, appoint a judge of a superior court to conduct the inquiry.

  • Marginal note:Powers

    (4) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to

    • (a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

    • (b) administer oaths and examine any person on oath.

  • Marginal note:Staff

    (5) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, and may establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

  • Marginal note:Inquiry in public

    (6) Subject to subsections (7) and (8), an inquiry shall be conducted in public.

  • Marginal note:Confidentiality of inquiry

    (7) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that

    • (a) there is a real and substantial risk that matters involving public security will be disclosed;

    • (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    • (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

  • Marginal note:Confidentiality of application

    (8) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (7).

  • Marginal note:Rules of evidence

    (9) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

  • Marginal note:Intervenors

    (10) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.

  • Marginal note:Right to be heard

    (11) The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

  • Marginal note:Report to Minister

    (12) After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister.

  • Marginal note:Recommendations

    (13) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the member

    • (a) has become incapacitated from the proper execution of that office by reason of infirmity;

    • (b) has been guilty of misconduct;

    • (c) has failed in the proper execution of that office; or

    • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.

  • Marginal note:Transmission of report to Governor in Council

    (14) When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

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

Marginal note:Status of members

  •  (1) The Chairperson and Vice-chairperson are to be appointed as full-time members of the Tribunal, and the other members are to be appointed as either full-time or part-time members.

  • Marginal note:Functions of Chairperson

    (2) The Chairperson has supervision over and direction of the work of the Tribunal, including the allocation of work among the members and the management of the Tribunal’s internal affairs.

  • Marginal note:Functions of Vice-chairperson

    (3) The Vice-chairperson shall assist the Chairperson and shall perform the functions of the Chairperson if the Chairperson is absent or unable to act or the office of Chairperson is vacant.

  • Marginal note:Acting Chairperson

    (4) The Governor in Council may authorize a member of the Tribunal to perform the functions of the Chairperson on a temporary basis if the Chairperson and Vice-chairperson are absent or unable to act or if both of those offices are vacant.

  • R.S., 1985, c. 31 (1st Supp.), s. 65
  • 1998, c. 9, s. 27
  • 2014, c. 20, s. 414

Marginal note:Residence

 The full-time members of the Tribunal shall reside in the National Capital Region, as described in the schedule to the National Capital Act, or within forty kilometres of that Region.

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

Marginal note:Remuneration

  •  (1) The members of the Tribunal shall be paid such remuneration as may be fixed by the Governor in Council.

  • Marginal note:Travel expenses

    (2) Members are entitled to be paid travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by the Treasury Board directives for employees of the Government of Canada.

  • Marginal note:Deemed employment in federal public administration

    (3) Members are deemed 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.

  • 1998, c. 9, s. 27
  • 2003, c. 22, s. 224(E)
 
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