Over time, the Canadian Human Rights Act was amended to add sexual orientation (1996) and gender identity or expression (2017) as protected categories. 66(1)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. (a)salaries, commissions, vacation pay, dismissal wages and bonuses; (b)reasonable value for board, rent, housing and lodging; (d)employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and. (2)No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board. 14(1)It is a discriminatory practice. This cross-Canada development coincided with the growing prominence of social movements. (11)The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence. It also governs only federal jurisdictions. (5)The Canadian Human Rights Commission shall conduct public consultations concerning any regulation proposed to be made by the Governor in Council under subsection (3) and shall file a report of the results of the consultations with the Minister within a reasonable time after the publication of the proposed regulation in the Canada Gazette. (b)shall notify, in writing, the complainant and the person against whom the complaint was made of its action under paragraph (a) and may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of that action. (8)This section applies in respect of a practice regardless of whether it results in direct discrimination or adverse effect discrimination. 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. (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. (6)If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated. (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. To remedy 53(1)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. (f)prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2). (h)shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1. (2)In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act. (2)Every member of the Commission and every person employed by the Commission shall take every reasonable precaution to avoid disclosing any matter the disclosure of which. (2)The Commission may, at any time, prepare and submit to Parliament a special report referring to and commenting on any matter within the scope of its powers, duties and functions if, in its opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for submission of its next annual report under subsection (1). (2)Where the ground of discrimination is pregnancy or child-birth, the discrimination shall be deemed to be on the ground of sex. (3)A prosecution for an offence under this section may be brought against an employer organization or employee organization and in the name of the organization and, for the purpose of the prosecution, the organization is deemed to be a person and any act or thing done or omitted by an officer or agent of the organization within the scope of their authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization. (3)Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make pursuant to this section shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. 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. 36.1(1)On receipt of a complaint under section 40 alleging a discriminatory practice under section 11, the Chief Commissioner must establish, for the purposes of Part III, a Pay Equity Division of the Commission of which the Pay Equity Commissioner is the presiding officer. Source: ("Canadian Human Rights," n.d.) Limitations. Human Rights . In, Kirkup, Kyle. Part I lays out a series of interconnected human rights concepts; these include discrimination, The Canadian Human Rights Act of 1977 protects people in Canada from discrimination when they are employed by or receive services from the federal government, First Nations governments or private companies that are regulated by the federal government such as banks, trucking companies, broadcasters and telecommunications companies. (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. (2.2)Where on ex parte application a judge of the Federal Court is satisfied by information on oath that there are reasonable grounds to believe that there is in any premises any evidence relevant to the investigation of a complaint, the judge may issue a warrant under the judges hand authorizing the investigator named therein to enter and search those premises for any such evidence subject to such conditions as may be specified in the warrant. Marginal note:Absence or incapacity of Chief and Deputy Chief. 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. ), Parliament introduced the Canadian Human Rights Act in 1977; more than three decades after the creation of the first standalone human rights laws in Canada. (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. (2.4)An investigator may require any individual found in any premises entered pursuant to this section to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents containing any matter relevant to the investigation being conducted by the investigator. Discriminatory Practices and General Provisions, Consolidation of Constitution Acts, 1867 to 1982, French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. (6)An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section. . (f)prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2). (3)The Tribunal shall, within three months after December 31 in each year, prepare and submit to Parliament a report on its activities under this Act for that year. Marginal note:Application respecting disclosure of information. (4)Subject to the rules made under section 48.9, an order to pay compensation under this section may include an award of interest at a rate and for a period that the member or panel considers appropriate. 38The full-time members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. TTY: 1-888-643-3304. 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. to harass an individual on a prohibited ground of discrimination. (ii)making an application for approval and implementing a plan under section 17; (b)that the person make available to the victim of the discriminatory practice, on the first reasonable occasion, the rights, opportunities or privileges that are being or were denied the victim as a result of the practice; (c)that the person compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of the discriminatory practice; (d)that the person compensate the victim for any or all additional costs of obtaining alternative goods, services, facilities or accommodation and for any expenses incurred by the victim as a result of the discriminatory practice; and. 432Sections 397 to 399 of the Act are repealed. A bortion on demand, legalized over fifty years ago, continues to divide the American people. (2)If the Commission approves or rejects the terms of a settlement referred to in subsection (1), it shall so certify and notify the parties. Marginal note: . These include the Canadian Human Rights Act, as well as 10 provincial and three territorial human rights laws. appoint a person, in this Part referred to as a conciliator, for the purpose of attempting to bring about a settlement of the complaint. (2)If a complaint is made by someone other than the individual who is alleged to be the victim of the discriminatory practice to which the complaint relates, the Commission may refuse to deal with the complaint unless the alleged victim consents thereto. 2. Our team will be reviewing your submission and get back to you with any further questions. (2)The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters. At the end of this guide is a glossary that explains certain words. This was just five years after the Canadian Human Rights Act was enacted. language and equality rights at all levels of government. 48.5The 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. Contract Type. (2)The complaints referred to in subsection (1) shall be dealt with by the Board as required by this section. 48.2(1)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 good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3. (4)Each regulation that the Governor in Council proposes to make under subsection (3) shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations in respect of it. Sources. designated groupshas the meaning assigned in section 3 of the Employment Equity Act;(groupes dsigns), employermeans a person who or organization that discharges the obligations of an employer under the Employment Equity Act. (b)requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith. (7)The Governor in Council may proceed to make regulations under subsection (3) after six months have elapsed since the publication of the proposed regulations in the Canada Gazette, whether or not a report described in subsection (5) is filed. It generally refers to the unfair treatment of a person on the basis of one or more of the prohibited grounds of discrimination. (3)If a panel of three members has been assigned to inquire into the complaint, the Chairperson shall designate one of them to chair the inquiry, but the Chairperson shall chair the inquiry if he or she is a member of the panel. (c)settled after receipt by the parties of the notice referred to in subsection 44(4). on a prohibited ground of discrimination. (See also Administrative Tribunals in Canada.). 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. (iii)in the course of investigations pertaining to particular offences against any Act of Parliament; (d)might, in respect of any individual under sentence for an offence against any Act of Parliament. that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination. In 1992, Captain Joshua Birch launched a human rights complaint after being discharged from the Canadian Forces for disclosing he was gay. 62(1)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. Review of Acts referred to in subsection (1). (2)An investigator shall investigate a complaint in a manner authorized by regulations made pursuant to subsection (4). Its full members today include the Assyrian Church of the East, the Oriental Orthodox Churches, most jurisdictions of the Eastern Orthodox Church, the Old Catholic Church, the Lutheran churches, the Anglican Communion, the Mennonite churches, the Methodist . 344 Slater Street, 8th Floor Ottawa, Ontario K1A 1E1. 40.2(1)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, (a)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. Clause: Canadian Human Rights Act RS 1985. This Act may be cited as the Canadian Human Rights Act. (a)to exclude an individual from full membership in the organization; (b)to expel or suspend a member of the organization; or. (3)The Commission may meet for the conduct of its affairs at such times and in such places as the Chief Commissioner considers necessary or desirable. (a)prescribing procedures to be followed by investigators; (b)authorizing the manner in which complaints are to be investigated pursuant to this Part; and. 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). 32.1The officers and employees of the Commission that support the Accessibility Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Accessible Canada Act may be referred to as the Accessibility Unit. (6)A proposed regulation need not be published more than once, whether or not it has been amended as a result of any representations. 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. (a)prescribing procedures to be followed by investigators; (b)authorizing the manner in which complaints are to be investigated pursuant to this Part; and. (3)On receipt of a request referred to in paragraph (2)(c), the Governor in Council may, on the recommendation of the Minister, appoint a judge of a superior court to conduct the inquiry. (3)A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline. (3)After receipt of a notice mentioned in subsection (2), the Commission, (a)shall notify in writing the complainant and the person against whom the complaint was made of its action under paragraph (2)(a) or (b); and. (4)The judge has all the powers, rights and privileges that are vested in a superior court, including the power to, (a)issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the persons knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and. (ii)that the complaint should be dismissed on any ground mentioned in paragraphs 41(c) to (e). Commission may decline to deal with complaint. (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. 42(1)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. 38.3In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act. (a)settled in the course of investigation by an investigator, (b)referred or dismissed under subsection 44(2) or (3) or paragraph 45(2)(a) or 46(2)(a), or. (2)Without limiting the generality of subsection (1), sexual harassment shall, for the purposes of that subsection, be deemed to be harassment on a prohibited ground of discrimination. With the Racial Discrimination Act in 1944, Ontario became the first jurisdiction in Canada to pass legislation solely dedicated to anti-discrimination. Denial of good, service, facility or accommodation, 5It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public, (a)to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or. (6)If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated. (3)Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. (2)Where standards prescribed pursuant to subsection (1) are met in providing access to any services, facilities or premises, a matter of access thereto does not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the standards are prescribed. On request of the Agency, the Commission may extend the time for providing a report. Marginal note:Plans to meet the needs of disabled persons. Human Rights Code. (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). (b)on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve. 38.2In the event of the absence or incapacity of the Accessibility Commissioner, or if the office of Accessibility 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 Accessibility Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Councils approval. (b)may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under subsection (2) or (3). (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. (g)in the circumstances described in section 5 or 6, an individual is denied any goods, services, facilities or accommodation or access thereto or occupancy of any commercial premises or residential accommodation or is a victim of any adverse differentiation and there is bona fide justification for that denial or differentiation. (b)the resolution, by the procedure set out in Part III, of complaints of discriminatory practices contrary to such terms and conditions. (iii)in the course of investigations pertaining to particular offences against any Act of Parliament; (d)might, in respect of any individual under sentence for an offence against any Act of Parliament. (2)In assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed. (b)may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under subsection (2) or (3). (2)The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline. (3)In addition to any order under subsection (2), the member or panel may order the person to pay such compensation not exceeding twenty thousand dollars to the victim as the member or panel may determine if the member or panel finds that the person is engaging or has engaged in the discriminatory practice wilfully or recklessly. (3)The Chairperson, Vice-chairperson or any other member whose term has expired is eligible for reappointment in the same or any other capacity. (5)If the Board refers a complaint under subsection (4) to an employer, or to an employer and a bargaining agent, it may assist them in resolving any matters relating to the complaint by any means that it considers appropriate. In 1947, Saskatchewan passed the Saskatchewan Bill of Rights. that the differential treatment between women and men constituted discrimination on the basis of sex. 1985, c. H-6 (the "CHRA") have the (b)the addition of parties and interested persons to the proceedings; (d)the production and service of documents; (h)time limits within which hearings must be held and decisions must be made; and. (10)An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate. Absence or incapacity of Accessibility Commissioner. (7)The Governor in Council may proceed to make regulations under subsection (3) after six months have elapsed since the publication of the proposed regulations in the Canada Gazette, whether or not a report described in subsection (5) is filed. (2)The Chairperson may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing. (2)In assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed.
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