Section 40.2 — Canadian Human Rights Act: Non-application of sections 7, 10 and 11

The Commission does not have jurisdiction to deal with complaints made by an employee , as defined in subsection 3(1) of the Pay Equity Act , against an employer that is subject to that Act, alleging that the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees who are performing work of equal value; or the employer has engaged in a discriminatory practice referred to in section 11. The Commission does not have jurisdiction to deal with complaints made by an employee , within the meaning of section 86.1 of the Parliamentary Employment and Staff Relations Act , against an employer , within the meaning of that same section, alleging that the employer has engaged in a discriminatory practice referred to in subsection (1).