Canadian Human Rights Act

Related provisions

— R.S., 1985, c. 31 (1st Supp.), s. 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. — 1998, c. 9, s. 33In this section, commencement day means the day on which this section comes into force.Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day.The members of any Human Rights Tribunal appointed under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any inquiry into the complaint in respect of which the Human Rights Tribunal was appointed.The members of any Review Tribunal constituted under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any appeal against a decision or order of a Human Rights Tribunal.The members of any Employment Equity Review Tribunal established under section 28 or 39 of the Employment Equity Act before the commencement day have jurisdiction over any matter in respect of which the Tribunal was established.The Chairperson of the Canadian Human Rights Tribunal has supervision over and direction of the work of any Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5).Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5), other than such a member who is appointed as a full-time member of the Canadian Human Rights Tribunal, shall be paid such remuneration as may be fixed by the Governor in Council.Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of that Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada. — 1998, c. 9, s. 34This Act does not affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position in the Canadian Human Rights Commission and performed services on a full-time basis for the Human Rights Tribunal Panel, except that the employee shall, on the coming into force of this subsection, occupy that position in the Canadian Human Rights Tribunal.In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act. — 2008, c. 30, s. 1.2In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services under the Indian Act, this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality. — 2008, c. 30, s. 2Within five years after the day on which this Act receives royal assent, a comprehensive review of the effects of the repeal of section 67 of the Canadian Human Rights Act shall be jointly undertaken by the Government of Canada and any organizations identified by the Minister of Indian Affairs and Northern Development as being, in the aggregate, representative of the interests of First Nations peoples throughout Canada.A report on the review referred to in subsection (1) shall be submitted to both Houses of Parliament within one year after the day on which the review is undertaken under that subsection. — 2008, c. 30, s. 3Despite section 1, an act or omission by any First Nation government, including a band council, tribal council or governing authority operating or administering programs or services under the Indian Act, that was made in the exercise of powers or the performance of duties and functions conferred or imposed by or under that Act shall not constitute the basis for a complaint under Part III of the Canadian Human Rights Act if it occurs within 36 months after the day on which this Act receives royal assent. — 2008, c. 30, s. 4The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in section 3, undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act. The Government of Canada shall report to both Houses of Parliament on the findings of that study before the expiration of the period referred to in section 3. — 2012, c. 1, par. 165(a)A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:the definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Canadian Human Rights Act; — 2018, c. 27, s. 428The Canadian Human Rights Act, as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009, as amended by subsection 431(1) of this Act.