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

Act current to 2019-06-20 and last amended on 2017-06-19. Previous Versions

PART IIIDiscriminatory Practices and General Provisions (continued)

Canadian Human Rights Tribunal (continued)

Marginal note:Head office

 The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act.

  • 1998, c. 9, s. 27

 [Repealed, 2014, c. 20, s. 415]

Marginal note:Conduct of proceedings

  •  (1) Proceedings before the Tribunal shall be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.

  • Marginal note:Tribunal rules of procedure

    (2) The Chairperson may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing

    • (a) the giving of notices to parties;

    • (b) the addition of parties and interested persons to the proceedings;

    • (c) the summoning of witnesses;

    • (d) the production and service of documents;

    • (e) discovery proceedings;

    • (f) pre-hearing conferences;

    • (g) the introduction of evidence;

    • (h) time limits within which hearings must be held and decisions must be made; and

    • (i) awards of interest.

  • Marginal note:Publication of proposed rules

    (3) Subject to subsection (4), a copy of each rule that the Tribunal proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it.

  • Marginal note:Exception

    (4) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

  • 1998, c. 9, s. 27

Inquiries into Complaints

Marginal note:Request for inquiry

  •  (1) At any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard to all the circumstances of the complaint, an inquiry is warranted.

  • Marginal note:Chairperson to institute inquiry

    (2) On receipt of a request, the Chairperson shall institute an inquiry by assigning a member of the Tribunal to inquire into the complaint, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the complaint requires the inquiry to be conducted by three members.

  • Marginal note:Chair of panel

    (3) If a panel of three members has been assigned to inquire into the complaint, the Chairperson shall designate one of them to chair the inquiry, but the Chairperson shall chair the inquiry if he or she is a member of the panel.

  • Marginal note:Copy of rules to parties

    (4) The Chairperson shall make a copy of the rules of procedure available to each party to the complaint.

  • Marginal note:Qualification of member

    (5) If the complaint involves a question about whether another Act or a regulation made under another Act is inconsistent with this Act or a regulation made under it, the member assigned to inquire into the complaint or, if three members have been assigned, the member chairing the inquiry, must be a member of the bar of a province or the Chambre des notaires du Québec.

  • Marginal note:Question raised subsequently

    (6) If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated.

  • R.S., 1985, c. H-6, s. 49
  • R.S., 1985, c. 31 (1st Supp.), s. 66
  • 1998, c. 9, s. 27

Marginal note:Conduct of inquiry

  •  (1) After due notice to the Commission, the complainant, the person against whom the complaint was made and, at the discretion of the member or panel conducting the inquiry, any other interested party, the member or panel shall inquire into the complaint and shall give all parties to whom notice has been given a full and ample opportunity, in person or through counsel, to appear at the inquiry, present evidence and make representations.

  • Marginal note:Power to determine questions of law or fact

    (2) In the course of hearing and determining any matter under inquiry, the member or panel may decide all questions of law or fact necessary to determining the matter.

  • Marginal note:Additional powers

    (3) In relation to a hearing of the inquiry, the member or panel may

    • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the complaint;

    • (b) administer oaths;

    • (c) subject to subsections (4) and (5), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;

    • (d) lengthen or shorten any time limit established by the rules of procedure; and

    • (e) decide any procedural or evidentiary question arising during the hearing.

  • Marginal note:Limitation in relation to evidence

    (4) The member or panel may not admit or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

  • Marginal note:Conciliators as witnesses

    (5) A conciliator appointed to settle the complaint is not a competent or compellable witness at the hearing.

  • Marginal note:Witness fees

    (6) Any person summoned to attend the hearing is entitled in the discretion of the member or panel to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.

  • R.S., 1985, c. H-6, s. 50
  • 1998, c. 9, s. 27

Marginal note:Duty of Commission on appearing

 In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the complaint.

  • R.S., 1985, c. H-6, s. 51
  • 1998, c. 9, s. 27

Marginal note:Hearing in public subject to confidentiality order

  •  (1) An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, 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;

    • (c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

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

  • Marginal note:Confidentiality of application

    (2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).

  • R.S., 1985, c. H-6, s. 52
  • 1998, c. 9, s. 27

Marginal note:Complaint dismissed

  •  (1) At the conclusion of an inquiry, the member or panel conducting the inquiry shall dismiss the complaint if the member or panel finds that the complaint is not substantiated.

  • Marginal note:Complaint substantiated

    (2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate:

    • (a) that the person cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from occurring in future, including

      • (i) the adoption of a special program, plan or arrangement referred to in subsection 16(1), or

      • (ii) making an application for approval and implementing a plan under section 17;

    • (b) that the person make available to the victim of the discriminatory practice, on the first reasonable occasion, the rights, opportunities or privileges that are being or were denied the victim as a result of the practice;

    • (c) that the person compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of the discriminatory practice;

    • (d) that the person compensate the victim for any or all additional costs of obtaining alternative goods, services, facilities or accommodation and for any expenses incurred by the victim as a result of the discriminatory practice; and

    • (e) that the person compensate the victim, by an amount not exceeding twenty thousand dollars, for any pain and suffering that the victim experienced as a result of the discriminatory practice.

  • Marginal note:Special compensation

    (3) In addition to any order under subsection (2), the member or panel may order the person to pay such compensation not exceeding twenty thousand dollars to the victim as the member or panel may determine if the member or panel finds that the person is engaging or has engaged in the discriminatory practice wilfully or recklessly.

  • Marginal note:Interest

    (4) Subject to the rules made under section 48.9, an order to pay compensation under this section may include an award of interest at a rate and for a period that the member or panel considers appropriate.

  • R.S., 1985, c. H-6, s. 53
  • 1998, c. 9, s. 27
 
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