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Immigration Investigation Regulations (SOR/80-686)

Regulations are current to 2020-03-19

Immigration Investigation Regulations

SOR/80-686

CANADIAN HUMAN RIGHTS ACT

Registration 1980-08-27

Regulations Respecting the Manner in Which Complaints Relating to Immigration Will be Investigated

P.C. 1980-2259 1980-08-27

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 35(4) of the Canadian Human Rights Act, is pleased hereby to make the annexed Regulations respecting the manner in which complaints relating to immigration will be investigated.

Short Title

 These Regulations may be cited as the Immigration Investigation Regulations.

Interpretation

 In these Regulations,

Act

Act means the Canadian Human Rights Act;

Commission

Commission means the Canadian Human Rights Commission.

Procedure

 Where a complaint relating to immigration is received by the Commission against the Canada Employment and Immigration Commission or one of its officers, the Commission shall serve on the Chairman of the Canada Employment and Immigration Commission

  • (a) a copy of the complaint;

  • (b) the name of the investigator designated to investigate the complaint, pursuant to subsection 35(1) of the Act; and

  • (c) a proposed investigation plan

    • (i) identifying relevant documents believed to be in the possession of the Canada Employment and Immigration Commission that are required to be examined by the investigator, and

    • (ii) identifying persons in the employ of the Canada Employment and Immigration Commission who are required to be examined by the investigator,

    and specifying the days and times at which such documents or persons are required for examination.

 An investigation plan shall not require documents or persons to be examined earlier than seven working days from the date the Chairman of the Canada Employment and Immigration Commission was served with a copy of the complaint.

 The Commission shall also serve a copy of the complaint on any employee of the Canada Employment and Immigration Commission who is identified in the said complaint or who is the person whose actions resulted in the complaint and if that person is required to be examined by the investigator he or she shall not be examined until 48 hours after he or she has been served with a copy of the complaint.

 
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