Canadian Human Rights Act
Sections and provisions with full text and the judgments that cite each one.
Section 40.01 — Disclosure of personal information
For the purpose of the administration of the Accessible Canada Act , an officer or employee of the Commission may disclose to the Accessibility Commissioner any personal information that is contained…
Section 40.1 — Definitions
In this section, designated groups has the meaning assigned in section 3 of the Employment Equity Act ; ( groupes désignés ) employer means a person who or organization that discharges the…
Section 40.2 — 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…
Section 41 — Commission to deal with complaint
Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that the alleged victim of the discriminatory…
Section 42 — Notice
Subject to subsection (2), when the Commission decides not to deal with a complaint, it shall send a written notice of its decision to the complainant setting out the reason for its decision. Before…
Section 43 — Designation of investigator
The Commission may designate a person, in this Part referred to as an “investigator”, to investigate a complaint. An investigator shall investigate a complaint in a manner authorized by regulations…
Section 44 — Report
An investigator shall, as soon as possible after the conclusion of an investigation, submit to the Commission a report of the findings of the investigation. If, on receipt of a report referred to in…
Section 45 — Definition of Review Agency
In this section and section 46, Review Agency means the National Security and Intelligence Review Agency. When, at any stage after the filing of a complaint and before the commencement of a hearing…
Section 46 — Report
On completion of its investigation under section 45, the Review Agency shall, not later than 90 days after the matter is referred to it under paragraph 45(2)(b), provide the Commission, the minister…
Section 47 — Appointment of conciliator
Subject to subsection (2), the Commission may, on the filing of a complaint, or if the complaint has not been settled in the course of investigation by an investigator, referred or dismissed under…
Section 48 — Referral of a settlement to Commission
When, at any stage after the filing of a complaint and before the commencement of a hearing before a Human Rights Tribunal in respect thereof, a settlement is agreed on by the parties, the terms of…
Section 48.1 — Establishment of Tribunal
There is hereby established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of 18 members, including a Chairperson and a…
Section 48.2 — Terms of office
The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during…
Section 48.3 — Remedial and disciplinary measures
The Chairperson of the Tribunal may request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures for any reason set out in paragraphs (13)(a) to…
Section 48.4 — Status of members
The Chairperson and Vice-chairperson are to be appointed as full-time members of the Tribunal, and the other members are to be appointed as either full-time or part-time members. The Chairperson has…
Section 48.5 — Residence
The full-time members of the Tribunal shall reside in the National Capital Region, as described in the schedule to the National Capital Act , or within forty kilometres of that Region.
Section 48.6 — Remuneration
The members of the Tribunal shall be paid such remuneration as may be fixed by the Governor in Council. Members are entitled to be paid travel and living expenses incurred in carrying out duties as…
Section 48.7 — Head office
The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act .
Section 48.8
[Repealed, 2014, c. 20, s. 415]
Section 48.9 — Conduct of proceedings
Proceedings before the Tribunal shall be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow. The Chairperson may make rules of procedure…
Section 49 — Request for inquiry
At any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard…
Section 50 — Conduct of inquiry
After due notice to the Commission, the complainant, the person against whom the complaint was made and, at the discretion of the member or panel conducting the inquiry, any other interested party,…
Section 51 — Duty of Commission on appearing
In appearing at a hearing, presenting evidence and making representations, the Commission shall adopt such position as, in its opinion, is in the public interest having regard to the nature of the…
Section 52 — Hearing in public subject to confidentiality order
An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to…
Section 53 — Complaint dismissed
At the conclusion of an inquiry, the member or panel conducting the inquiry shall dismiss the complaint if the member or panel finds that the complaint is not substantiated. If at the conclusion of…
Section 54 — Limitation
No order that is made under subsection 53(2) may contain a term requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or…
Section 54.1 — Definitions
In this section, designated groups has the meaning assigned in section 3 of the Employment Equity Act ; and ( groupes désignés ) employer means a person who or organization that discharges the…
Section 55 and 56
[Repealed, 1998, c. 9, s. 29]
Section 57 — Enforcement of order
An order under section 53 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Commission filing in the Registry of the…
Section 58 — Application respecting disclosure of information
Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its…
Section 59 — Intimidation or discrimination
No person shall threaten, intimidate or discriminate against an individual because that individual has made a complaint or given evidence or assisted in any way in respect of the initiation or…
Section 60 — Offence
Every person is guilty of an offence who [Repealed, 1998, c. 9, s. 31] obstructs a member or panel in carrying out its functions under this Part; or contravenes subsection 11(6) or 43(3) or section…
Section 61 — Annual report of Commission
The Commission shall, within three months after December 31 in each year, prepare and submit to Parliament a report on the activities of the Commission under this Part and Part II for that year,…
Section 61.1 — Minister of Justice
The Minister of Justice is responsible for this Act, and the powers of the Governor in Council to make regulations under this Act, with the exception of section 29, are exercisable on the…
Section 62 — Limitation
This Part and Parts I and II do not apply to or in respect of any superannuation or pension fund or plan established by an Act of Parliament enacted before March 1, 1978. The Commission shall keep…
Section 63 — Application in the territories
Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could…
Section 64 — Canadian Forces and Royal Canadian Mounted Police
For the purposes of this Part and Parts I and II, members of the Canadian Forces and the Royal Canadian Mounted Police are deemed to be employed by the Crown.
Section 65 — Acts of employees, etc.
Subject to subsection (2), any act or omission committed by an officer, a director, an employee or an agent of any person, association or organization in the course of the employment of the officer,…
Section 66 — Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada, except in matters respecting the Yukon Government or the Government of the Northwest Territories or Nunavut. [Repealed, 2002, c. 7, s. 128]…
Section 67
[Repealed, 2008, c. 30, s. 1]