PART IIIDiscriminatory Practices and General Provisions (continued)
Inquiries into Complaints (continued)
Marginal note:Duty of Commission on appearing
51 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 complaint.
- R.S., 1985, c. H-6, s. 51
- 1998, c. 9, s. 27
Marginal note:Hearing in public subject to confidentiality order
52 (1) 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 ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, that
(a) there is a real and substantial risk that matters involving public security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public;
(c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(d) there is a serious possibility that the life, liberty or security of a person will be endangered.
Marginal note:Confidentiality of application
(2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).
- R.S., 1985, c. H-6, s. 52
- 1998, c. 9, s. 27
Marginal note:Complaint dismissed
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.
Marginal note:Complaint substantiated
(2) If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate:
(a) that the person cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from occurring in future, including
(i) the adoption of a special program, plan or arrangement referred to in subsection 16(1), or
(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
(e) that the person compensate the victim, by an amount not exceeding twenty thousand dollars, for any pain and suffering that the victim experienced as a result of the discriminatory practice.
Marginal note:Special compensation
(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.
(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.
- R.S., 1985, c. H-6, s. 53
- 1998, c. 9, s. 27
54 No order that is made under subsection 53(2) may contain a term
(a) requiring the removal of an individual from a position if that individual accepted employment in that position in good faith; or
(b) requiring the expulsion of an occupant from any premises or accommodation, if that occupant obtained those premises or accommodation in good faith.
- R.S., 1985, c. H-6, s. 54
- 1998, c. 9, s. 28
- 2013, c. 37, s. 4
54.1 (1) In this section,
Marginal note:Limitation of order re employment equity
(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 employer’s workforce; or
(b) goals and timetables for achieving that increased representation.
(3) For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice.
- 1995, c. 44, s. 50
55 and 56 [Repealed, 1998, c. 9, s. 29]
Marginal note:Enforcement of order
57 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 Court a copy of the order certified to be a true copy.
- R.S., 1985, c. H-6, s. 57
- 1998, c. 9, s. 29
- 2013, c. 37, s. 5
Marginal note:Application respecting disclosure of information
58 (1) 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 disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate.
Marginal note:Canada Evidence Act
(2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if
(a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act;
(b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or
(c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 of that Act.
- R.S., 1985, c. H-6, s. 58
- 1998, c. 9, s. 30
- 2001, c. 41, s. 45
Marginal note:Intimidation or discrimination
59 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 prosecution of a complaint or other proceeding under this Part, or because that individual proposes to do so.
- 1976-77, c. 33, s. 45
Offences and Punishment
60 (1) Every person is guilty of an offence who
(a) [Repealed, 1998, c. 9, s. 31]
(b) obstructs a member or panel in carrying out its functions under this Part; or
(c) contravenes subsection 11(6) or 43(3) or section 59.
(2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding $50,000.
Marginal note:Prosecution of employer or employee organization
(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.
Marginal note:Consent of Attorney General
(4) A prosecution for an offence under this section may not be instituted except by or with the consent of the Attorney General of Canada.
Marginal note:Limitation period
(5) A prosecution for an offence under this section may not be instituted more than one year after the subject-matter of the proceedings arose.
- R.S., 1985, c. H-6, s. 60
- 1998, c. 9, s. 31
Marginal note:Annual report of Commission
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:Special reports
(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).
Marginal note:Annual report of Tribunal
(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:Transmission of report
(4) Every report under this section shall be submitted by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.
- R.S., 1985, c. H-6, s. 61
- 1998, c. 9, s. 32
Marginal note:Minister of Justice
61.1 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 recommendation of that Minister.
- 1998, c. 9, s. 32
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.
Marginal note:Review of Acts referred to in subsection (1)
(2) The Commission shall keep under review those Acts of Parliament enacted before March 1, 1978 by which any superannuation or pension fund or plan is established and, where the Commission deems it to be appropriate, it may include in a report mentioned in section 61 reference to and comment on any provision of any of those Acts that in its opinion is inconsistent with the principle described in section 2.
- 1976-77, c. 33, s. 48
Marginal note:Application in the territories
63 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 be the subject of a complaint under this Part had it occurred in a province.
- R.S., 1985, c. H-6, s. 63
- 1993, c. 28, s. 78
- 2002, c. 7, s. 127
Marginal note:Canadian Forces and Royal Canadian Mounted Police
64 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.
- 1976-77, c. 33, s. 48
Marginal note:Acts of employees, etc.
65 (1) 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, director, employee or agent shall, for the purposes of this Act, be deemed to be an act or omission committed by that person, association or organization.
(2) An act or omission shall not, by virtue of subsection (1), be deemed to be an act or omission committed by a person, association or organization if it is established that the person, association or organization did not consent to the commission of the act or omission and exercised all due diligence to prevent the act or omission from being committed and, subsequently, to mitigate or avoid the effect thereof.
- 1980-81-82-83, c. 143, s. 23
Marginal note:Binding on Her Majesty
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.
(2) [Repealed, 2002, c. 7, s. 128]
(3) [Repealed, 2014, c. 2, s. 11]
(4) The exception referred to in subsection (1) shall come into operation in respect of the Government of Nunavut on a day to be fixed by order of the Governor in Council.
- R.S., 1985, c. H-6, s. 66
- 1993, c. 28, s. 78
- 2002, c. 7, s. 128
- 2014, c. 2, s. 11
67 [Repealed, 2008, c. 30, s. 1]
- Date modified: