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

Act current to 2019-07-01 and last amended on 2017-06-19. Previous Versions

PART IIIDiscriminatory Practices and General Provisions (continued)

Inquiries into Complaints (continued)

Marginal note:Limitation

 No order that is made under subsection 53(2) may contain a term

  • (a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or

  • (b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith.

  • R.S., 1985, c. H-6, s. 54
  • 1998, c. 9, s. 28
  • 2013, c. 37, s. 4

Marginal note:Definitions

  •  (1) In this section,

    designated groups

    designated groups has the meaning assigned in section 3 of the Employment Equity Act; and (groupes désignés)

    employer

    employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act. (employeur)

  • Marginal note:Limitation of order re employment equity

    (2) Where a Tribunal finds that a complaint against an employer is substantiated, it may not make an order pursuant to subparagraph 53(2)(a)(i) requiring the employer to adopt a special program, plan or arrangement containing

    • (a) positive policies and practices designed to ensure that members of designated groups achieve increased representation in the employer’s workforce; or

    • (b) goals and timetables for achieving that increased representation.

  • Marginal note:Interpretation

    (3) For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice.

  • 1995, c. 44, s. 50

 [Repealed, 1998, c. 9, s. 29]

Marginal note:Enforcement of order

 An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the Court a copy of the order certified to be a true copy.

  • R.S., 1985, c. H-6, s. 57
  • 1998, c. 9, s. 29
  • 2013, c. 37, s. 5

Marginal note:Application respecting disclosure of information

  •  (1) Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate.

  • Marginal note:Canada Evidence Act

    (2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if

    • (a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act;

    • (b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or

    • (c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 of that Act.

  • R.S., 1985, c. H-6, s. 58
  • 1998, c. 9, s. 30
  • 2001, c. 41, s. 45

Marginal note:Intimidation or discrimination

 No person shall threaten, intimidate or discriminate against an individual because that individual has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Part, or because that individual proposes to do so.

  • 1976-77, c. 33, s. 45

Offences and Punishment

Marginal note:Offence

  •  (1) Every person is guilty of an offence who

    • (a) [Repealed, 1998, c. 9, s. 31]

    • (b) obstructs a member or panel in carrying out its functions under this Part; or

    • (c) contravenes subsection 11(6) or 43(3) or section 59.

  • Marginal note:Punishment

    (2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding $50,000.

  • Marginal note:Prosecution of employer or employee organization

    (3) A prosecution for an offence under this section may be brought against an employer organization or employee organization and in the name of the organization and, for the purpose of the prosecution, the organization is deemed to be a person and any act or thing done or omitted by an officer or agent of the organization within the scope of their authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

  • Marginal note:Consent of Attorney General

    (4) A prosecution for an offence under this section may not be instituted except by or with the consent of the Attorney General of Canada.

  • Marginal note:Limitation period

    (5) A prosecution for an offence under this section may not be instituted more than one year after the subject-matter of the proceedings arose.

  • R.S., 1985, c. H-6, s. 60
  • 1998, c. 9, s. 31

Reports

Marginal note:Annual report of Commission

  •  (1) The Commission shall, within three months after December 31 in each year, prepare and submit to Parliament a report on the activities of the Commission under this Part and Part II for that year, including references to and comments on any matter referred to in paragraph 27(1)(e) or (g) that it considers appropriate.

  • Marginal note:Special reports

    (2) The Commission may, at any time, prepare and submit to Parliament a special report referring to and commenting on any matter within the scope of its powers, duties and functions if, in its opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for submission of its next annual report under subsection (1).

  • Marginal note:Annual report of Tribunal

    (3) The Tribunal shall, within three months after December 31 in each year, prepare and submit to Parliament a report on its activities under this Act for that year.

  • Marginal note:Transmission of report

    (4) Every report under this section shall be submitted by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.

  • R.S., 1985, c. H-6, s. 61
  • 1998, c. 9, s. 32

Minister Responsible

Marginal note:Minister of Justice

 The Minister of Justice is responsible for this Act, and the powers of the Governor in Council to make regulations under this Act, with the exception of section 29, are exercisable on the recommendation of that Minister.

  • 1998, c. 9, s. 32

Application

Marginal note:Limitation

  •  (1) This Part and Parts I and II do not apply to or in respect of any superannuation or pension fund or plan established by an Act of Parliament enacted before March 1, 1978.

  • Marginal note:Review of Acts referred to in subsection (1)

    (2) The Commission shall keep under review those Acts of Parliament enacted before March 1, 1978 by which any superannuation or pension fund or plan is established and, where the Commission deems it to be appropriate, it may include in a report mentioned in section 61 reference to and comment on any provision of any of those Acts that in its opinion is inconsistent with the principle described in section 2.

  • 1976-77, c. 33, s. 48

Marginal note:Application in the territories

 Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could be the subject of a complaint under this Part had it occurred in a province.

  • R.S., 1985, c. H-6, s. 63
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 127
 
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