Marginal note:Required qualifications acting Pay Equity Commissioner. (2)In the event of the absence or incapacity of the Chief Commissioner, or if that office is vacant, the Deputy Chief Commissioner has all the powers and may perform all the duties and functions of the Chief Commissioner. (b)at any stage after the filing of the complaint, sever the complaint and refer to the Commission some or all of the allegations that do not allege a discriminatory practice under section 11. (b)in the course of employment, to differentiate adversely in relation to an employee, Marginal note:Employment applications, advertisements, (a)to use or circulate any form of application for employment, or, (b)in connection with employment or prospective employment, to publish any advertisement or to make any written or oral inquiry. (2)Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified. In the years that followed, other jurisdictions across the country introduced similar pieces of legislation. (2)If, on receipt of a report referred to in subsection (1), the Commission is satisfied, (a)that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or. (4)When the Commission decides not to grant an application made pursuant to subsection (1), it shall send a written notice of its decision to the applicant setting out the reasons for its decision. designated groupshas the meaning assigned in section 3 of the Employment Equity Act; and(groupes dsigns), (2)Where a Tribunal finds that a complaint against an employer is substantiated, it may not make an order pursuant to subparagraph 53(2)(a)(i) requiring the employer to adopt a special program, plan or arrangement containing, (a)positive policies and practices designed to ensure that members of designated groups achieve increased representation in the employers workforce; or. constitutional challenges. It received royal assent on June 19, 2017. On request of the Agency, the Commission may extend the time for providing a report. (2)No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board. Canadian Museum for Human Rights. 7It is a discriminatory practice, directly or indirectly, (a)to refuse to employ or continue to employ any individual, or. $4.99 - Buy Book Brief Purchase This Book Brief! (e)any other advantage received directly or indirectly from the individuals employer. The provision was repealed by the Parliament of Canada in June 2013, with the repeal coming into force one year later.[4]. (2)The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission. (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. (4)If complaints are filed jointly or separately by more than one individual or group alleging that a particular person is engaging or has engaged in a discriminatory practice or a series of similar discriminatory practices and the Commission is satisfied that the complaints involve substantially the same issues of fact and law, it may deal with the complaints together under this Part and may request the Chairperson of the Tribunal to institute a single inquiry into the complaints under section 49. that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination. Marginal note:Assessment of value of work. 40(1)Subject to subsections (5) and (7), any individual or group of individuals having reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice may file with the Commission a complaint in a form acceptable to the Commission. (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). 32.2The officers and employees of the Commission that support the Pay Equity Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Pay Equity Act may be referred to as the Pay Equity Unit. 4A discriminatory practice, as described in sections 5 to 14.1, may be the subject of a complaint under Part III and anyone found to be engaging or to have engaged in a discriminatory practice may be made subject to an order as provided in section 53. (8)This section applies in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination. 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. 24(1)The Governor in Council may, for the benefit of persons having any disability, make regulations prescribing standards of accessibility to services, facilities or premises. (2)For any practice mentioned in paragraph (1)(a) to be considered to be based on a bona fide occupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have a bona fide justification, it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost. (4.1)Appointments must be made having regard to the need for adequate knowledge and experience in pay equity matters among the members of the Tribunal. Guide to Understanding the Canadian Human Rights ActFrom the Canadian Human Rights Commission, Guide to Understanding the Canadian Human Rights Tribunal, Editorial: John Humphrey, Eleanor Roosevelt and the Universal Declaration of Human Rights.). 48.3(1)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 (d). (2)A Pay Equity Division established under subsection (1) must exercise the powers and perform the duties and functions of the Commission under Part III with respect to the complaint in question. It prohibits discrimination on the basis of race, age, 28(1)On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Employment and Social Development such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the federal public administration as are specified in the order. (4)The Governor in Council may make regulations. The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.[2]. Transmission of report to Governor in Council. 14.1It is a discriminatory practice for a person against whom a complaint has been filed under Part III, or any person acting on their behalf, to retaliate or threaten retaliation against the individual who filed the complaint or the alleged victim. Marginal note:Statement to be sent to person affected. 57An 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 Court a copy of the order certified to be a true copy. Marginal note:Orders regarding discriminatory practices. ground in the Act. Power to determine questions of law or fact. (2)The Chairperson has supervision over and direction of the work of the Tribunal, including the allocation of work among the members and the management of the Tribunals internal affairs. 9(1)It is a discriminatory practice for an employee organization on a prohibited ground of discrimination. "Canadian Human Rights Act.". if the discrimination expressed or implied, intended to be expressed or implied or incited or calculated to be incited would otherwise, if engaged in, be a discriminatory practice described in any of sections 5 to 11 or in section 14. 3(1)For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. The ;Canadian Human Rights Act covers only equality rights, including the prohibition of discrimination. (2)The Chairperson has supervision over and direction of the work of the Tribunal, including the allocation of work among the members and the management of the Tribunals internal affairs. (3)The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Qubec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Qubec. Act current to 2022-10-18 and last amended on 2021-08-31. 57An 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 Court a copy of the order certified to be a true copy. In a 1985 Supreme Court case, R. v. Big M Drug Mart Ltd., Chief Justice Brian Dickson said that religious freedom in Canada includes freedom of religious speech, . (4)When the Commission decides not to grant an application made pursuant to subsection (1), it shall send a written notice of its decision to the applicant setting out the reasons for its decision. The (a)in the provision of goods, services, facilities or accommodation customarily available to the general public, (b)in the provision of commercial premises or residential accommodation, or. (2)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). (4)Each member of the Commission holds office during good behaviour but may be removed by the Governor in Council on address of the Senate and House of Commons. (b)goals and timetables for achieving that increased representation. (b)administer oaths and examine any person on oath. Marginal note:Appointment of temporary members incapacity. 64For 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. Publication of discriminatory notices, etc. Marginal note:Denial of commercial premises or residential accommodation, 6It is a discriminatory practice in the provision of commercial premises or residential accommodation, (a)to deny occupancy of such premises or accommodation to any individual, or. Part II created the Canadian Human Rights Commission. As such, it can be changed through parliamentary vote; this was the case in 2013, when the 29The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III. (3)No person shall obstruct an investigator in the investigation of a complaint. Marginal note:Different wages based on prescribed reasonable factors. (b)the complaint is based solely on statistical information that purports to show that members of one or more designated groups are underrepresented in the employers workforce. Marginal note:Transmission of report to Governor in Council. 68Every Tribunal appointed prior to the coming into force of this Act shall continue to act as though this Part had not come into force. On request of the Agency, the Commission may extend the time for providing a report. (employeur), (2)No complaint may be dealt with by the Commission pursuant to section 40 where, (a)the complaint is made against an employer alleging that the employer has engaged in a discriminatory practice set out in section 7 or paragraph 10(a); and. (3)Where the Commission rescinds approval of a plan pursuant to subsection (1), it shall include in the notice referred to therein a statement of its reasons therefor. that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination. Canadian Human Rights Commission. (3)On receipt of a report referred to in subsection (1), the Commission, (a)may request the Chairperson of the Tribunal to institute an inquiry under section 49 into the complaint to which the report relates if the Commission is satisfied, (i)that, having regard to all the circumstances of the complaint, an inquiry into the complaint is warranted, and, (ii)that the complaint to which the report relates should not be referred pursuant to subsection (2) or dismissed on any ground mentioned in paragraphs 41(c) to (e); or, (b)shall dismiss the complaint to which the report relates if it is satisfied, (i)that, having regard to all the circumstances of the complaint, an inquiry into the complaint is not warranted, or. 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the "Commission", . (2)On receipt of the request, the Minister may take one or more of the following measures: (a)obtain, in an informal and expeditious manner, any information that the Minister considers necessary; (b)refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation; (c)request of the Governor in Council that an inquiry be held under subsection (3); or. They have occurred in such areas as womens rights, Clause: Canadian Human Rights Act RS 1985. Absence or incapacity of Accessibility Commissioner. The law went into effect immediately. View Canadian Human Rights Act.docx from LAW 1207 at Simon Fraser University. People can turn to the Canadian Human Rights Act to protect . 1.1For greater certainty, the repeal of section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. (2)A part-time member of the Commission may, for any period during which that member, with the approval of the Chief Commissioner, performs any duties and functions additional to the normal duties and functions of that member on behalf of the Commission, be paid such additional remuneration as is prescribed by by-law of the Commission. (2)An objection to disclosure shall be determined in accordance with the Canada Evidence Act if. 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1. 31(1)The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission. The Canadian Charter of Rights and Freedoms was entrenched in the Constitution of Canada in 1982. (III) Discriminatory Practices and General Provisions. (b)requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith. 61(1)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, including references to and comments on any matter referred to in paragraph 27(1)(e) or (g) that it considers appropriate. Marginal note:Action on receipt of report, (2)If, on receipt of a report referred to in subsection (1), the Commission is satisfied, (a)that the complainant ought to exhaust grievance or review procedures otherwise reasonably available, or. (9)Subsection (2) is subject to the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform. 36(1)Subject to section 36.1, for the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission, except the making of by-laws, may, as directed by the Commission, be exercised or performed by all or any of those divisions. The Canadian Human Rights Act, created in 1977, is designed to ensure equality of opportunity. Marginal note:Discriminatory policy or practice, 10It is a discriminatory practice for an employer, employee organization or employer organization, (a)to establish or pursue a policy or practice, or. (b)to enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment. (2)The Canadian Human Rights Commission, may, (a)make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and.
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