Government of Canada / Gouvernement du Canada
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Canadian Human Rights Act

Version of section 45 from 2002-12-31 to 2019-07-11:

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
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