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Canadian Human Rights Act

Version of section 45 from 2019-07-12 to 2023-01-11:


Marginal note:Definition of Review Agency

  •  (1) In this section and section 46, Review Agency means the National Security and Intelligence Review Agency.

  • 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 Agency.

  • 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 Agency pursuant to paragraph (2)(b), it shall not deal with the complaint until the Review Agency has, pursuant to subsection 46(1), provided it with a report in relation to the matter.

  • Marginal note:National Security and Intelligence Review Agency Act

    (5) If a matter is referred to the Review Agency under paragraph (2)(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to 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 Agency 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
  • 2019, c. 13, s. 33
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