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

RELATED PROVISIONS

• — R.S., 1985, c. 31 (1st Supp.), s. 68

  • Transitional

    68 Every Tribunal appointed prior to the coming into force of this Act shall continue to act as though this Part had not come into force.

• — 1998, c. 9, s. 33

  • Definition of commencement day

    • 33 (1) In this section, commencement day means the day on which this section comes into force.

    • Members cease to hold office

      (2) Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day.

    • Continuing jurisdiction of Human Rights Tribunal

      (3) The members of any Human Rights Tribunal appointed under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any inquiry into the complaint in respect of which the Human Rights Tribunal was appointed.

    • Continuing jurisdiction of Review Tribunal

      (4) The members of any Review Tribunal constituted under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any appeal against a decision or order of a Human Rights Tribunal.

    • Continuing jurisdiction of Employment Equity Review Tribunal

      (5) The members of any Employment Equity Review Tribunal established under section 28 or 39 of the Employment Equity Act before the commencement day have jurisdiction over any matter in respect of which the Tribunal was established.

    • Supervision by Chairperson of Canadian Human Rights Tribunal

      (6) The Chairperson of the Canadian Human Rights Tribunal has supervision over and direction of the work of any Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5).

    • Remuneration

      (7) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5), other than such a member who is appointed as a full-time member of the Canadian Human Rights Tribunal, shall be paid such remuneration as may be fixed by the Governor in Council.

    • Travel expenses

      (8) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of that Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.

• — 1998, c. 9, s. 34

  • Commission employees serving the Human Rights Tribunal Panel

    • 34 (1) This Act does not affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position in the Canadian Human Rights Commission and performed services on a full-time basis for the Human Rights Tribunal Panel, except that the employee shall, on the coming into force of this subsection, occupy that position in the Canadian Human Rights Tribunal.

    • Definition of employee

      (2) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

• — 2008, c. 30, s. 1.1

  • Aboriginal rights

    1.1 For greater certainty, the repeal of section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

• — 2008, c. 30, s. 1.2

  • Regard to legal traditions and customary laws

    1.2 In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services under the Indian Act, this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality.

• — 2008, c. 30, s. 2

  • Comprehensive review

    • 2 (1) Within five years after the day on which this Act receives royal assent, a comprehensive review of the effects of the repeal of section 67 of the Canadian Human Rights Act shall be jointly undertaken by the Government of Canada and any organizations identified by the Minister of Indian Affairs and Northern Development as being, in the aggregate, representative of the interests of First Nations peoples throughout Canada.

    • Report

      (2) A report on the review referred to in subsection (1) shall be submitted to both Houses of Parliament within one year after the day on which the review is undertaken under that subsection.

• — 2008, c. 30, s. 3

  • Grace period

    3 Despite section 1, an act or omission by any First Nation government, including a band council, tribal council or governing authority operating or administering programs or services under the Indian Act, that was made in the exercise of powers or the performance of duties and functions conferred or imposed by or under that Act shall not constitute the basis for a complaint under Part III of the Canadian Human Rights Act if it occurs within 36 months after the day on which this Act receives royal assent.

• — 2008, c. 30, s. 4

  • Study to be undertaken

    4 The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in section 3, undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act. The Government of Canada shall report to both Houses of Parliament on the findings of that study before the expiration of the period referred to in section 3.

• — 2009, c. 2, s. 395

  • Interpretation

    395 Unless the context otherwise requires, words and expressions used in sections 396 and 397 have the same meaning as in the Public Sector Equitable Compensation Act.

• — 2009, c. 2, s. 396, as amended by 2018, c. 27, ss. 431(1) to (3)

  • Complaints before Canadian Human Rights Commission

    • 396 (1) The following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which subsection 425 (1) of the Budget Implementation Act, 2018, No. 2 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:

      • (a) complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and

      • (b) complaints based on section 11 of the Canadian Human Rights Act.

    • Application of this section

      (2) The complaints referred to in subsection (1) shall be dealt with by the Board as required by this section.

    • Powers of Board

      (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425 (1) of the Budget Implementation Act 2018, No. 2.

    • Summary examination

      (4) The Board shall review the complaint in a summary way and shall refer it to the employer that is the subject of the complaint, or to the employer that is the subject of the complaint and the bargaining agent of the employees who filed the complaint, as the Board considers appropriate, unless it appears to the Board that the complaint is trivial, frivolous or vexatious or was made in bad faith.

    • Power to assist

      (5) If the Board refers a complaint under subsection (4) to an employer, or to an employer and a bargaining agent, it may assist them in resolving any matters relating to the complaint by any means that it considers appropriate.

    • Hearing

      (6) If the employer, or the employer and the bargaining agent, as the case may be, do not resolve the matters relating to the complaint within 180 days after the complaint is referred to them, or any longer period or periods that may be authorized by the Board, the Board shall schedule a hearing.

    • Procedure

      (7) The Board shall determine its own procedure but shall give full opportunity to the employer, or the employer and the bargaining agent, as the case may be, to present evidence and make submissions to it.

    • Decision

      (8) The Board shall make a decision in writing in respect of the complaint and send a copy of its decision with the reasons for it to the employer, or the employer and the bargaining agent, as the case may be.

    • Restriction

      (9) The Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which subsection 425 (1) of the Budget Implementation Act, 2018, No. 2 comes into force.

• — 2009, c. 2, s. 397

  • Complaints before Canadian Human Rights Tribunal

    • 397 (1) Subject to subsections (2) and (3), the Canadian Human Rights Tribunal shall inquire into the following complaints with respect to employees that are before it on the day on which this Act receives royal assent:

      • (a) complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and

      • (b) complaints based on section 11 of the Canadian Human Rights Act.

    • Powers of Tribunal

      (2) If section 399 is in force when the Canadian Human Rights Tribunal inquires into a complaint referred to in subsection (1),

      • (a) complaints referred to in paragraph (1)(a) shall be dealt with as if sections 7 and 10 of the Canadian Human Rights Act still applied to those employees; and

      • (b) complaints referred to in paragraph (1)(b) shall be dealt with as if section 11 of the Canadian Human Rights Act and the Equal Wage Guidelines, 1986 still applied to those employees.

    • Limitation

      (3) No monetary remedy may be granted by the Canadian Human Rights Tribunal in respect of a complaint referred to in subsection (1) other than a lump sum payment, and the payment may only be in respect of a period that ends on or before the day on which section 394 comes into force.

• — 2012, c. 1, par. 165(a)

  • Pardons in effect — references in other legislation

    165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

    • (a) the definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Canadian Human Rights Act;

• — 2018, c. 27, s. 428

  • Complaints — Canadian Human Rights Act

    428 The Canadian Human Rights Act, as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009, as amended by subsection 431(1) of this Act.