Employment Equity Act (S.C. 1995, c. 44)

Marginal note:Direction of Commission

• 26. (1) Where a compliance officer is of the opinion that an employer has failed to give reasonable assistance or to provide information as required by subsection 23(4), the compliance officer shall notify the Commission of the non-compliance and the Commission may issue and send, by registered mail, a direction to the employer

  • (a) setting out the facts on which the officer’s finding of non-compliance is based; and

  • (b) requiring the employer to take such actions as are specified in the direction to remedy the non-compliance.

• Marginal note:Amendment of direction

  (2) The Commission may rescind or amend a direction issued pursuant to subsection (1) on the presentation of new facts or on being satisfied that the direction was issued without knowledge of, or was based on a mistake as to, a material fact.

Marginal note:Employer’s request for review

• 27. (1) An employer to whom a direction is issued under subsection 25(2) or (3) or 26(1) may make a request to the Chairperson for a review of the direction

  • (a) in the case of a direction issued under subsection 25(2) or (3), within sixty days after the day on which it is issued; and

  • (b) in the case of a direction issued under subsection 26(1), within thirty days after the day on which it is issued.

• Marginal note:Commission may apply

  (2) If the Commission is of the opinion that an employer has failed to comply with a direction issued by the Commission, the Commission may apply to the Chairperson for an order confirming the direction.

• Marginal note:Limitation

  (3) No application may be made pursuant to subsection (2) where the employer has requested a review in accordance with subsection (1).

Marginal note:Establishment of Tribunals

• 28. (1) If an employer makes a request under subsection 27(1) or the Commission makes an application under subsection 27(2), the Chairperson shall establish an Employment Equity Review Tribunal to consider the request or application.

• Marginal note:Composition

  (2) The Chairperson shall appoint a Tribunal consisting of one member of the Canadian Human Rights Tribunal, but the Chairperson may appoint a Tribunal of three members if the Chairperson considers that the complexity or precedential significance of the request or application requires a Tribunal of three members.

• Marginal note:Qualifications of members

  (3) The Chairperson shall, in appointing members of the Tribunal, take into consideration their knowledge and experience in employment equity matters.

• Marginal note:Presiding

  (4) If a Tribunal consists of more than one member, the Chairperson shall designate one of the members to preside over the hearings of the Tribunal.

• Marginal note:Acting after expiration of appointment

  (4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of section 48.3 of the Canadian Human Rights Act.

• Marginal note:Remuneration

  (5) The members of a Tribunal shall be paid such remuneration as may be provided for under subsection 48.6(1) of the Canadian Human Rights Act.

• Marginal note:Travel expenses

  (6) Members are entitled to be paid any travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their ordinary place of residence that may be provided for under subsection 48.6(2) of the Canadian Human Rights Act.

• Marginal note:Technical experts

  (7) The Chairperson may engage and, subject to the approval of the Treasury Board, fix the remuneration of persons having technical or special knowledge to assist or advise a Tribunal in any matter.

• Marginal note:Government services and facilities

  (8) In performing its duties and functions, a Tribunal shall, where available, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

• Marginal note:Rules

  (9) The Chairperson may make rules governing the practice and procedure of Tribunals.

• Marginal note:Security requirements

  (10) Every member or other person acting on behalf of or under the direction of a Tribunal who receives or obtains information relating to a request or application referred to in subsection (1) shall, with respect to access to and use of that information by that member or other person, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.