Section 38.4 — Canadian Human Rights Act: Absence or incapacity of Pay Equity Commissioner

In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval. The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.