Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Marginal note:Notice to Canadian Human Rights Commission

78. Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue.

Marginal note:Right to be heard

• 79. (1) A person making a complaint under section 77, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal.

• Marginal note:Canadian Human Rights Commission

  (2) Where the Canadian Human Rights Commission is notified of an issue pursuant to section 78, it may make submissions to the Tribunal with respect to that issue.

Marginal note:Application of Canadian Human Rights Act

80. In considering whether a complaint under section 77 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.

Marginal note:Corrective action when complaint upheld

• 81. (1) If the Tribunal finds a complaint under section 77 to be substantiated, the Tribunal may order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.

• Marginal note:Relief for discrimination

  (2) Corrective action taken under subsection (1) may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.

Marginal note:Restrictions

82. The Tribunal may not order the Commission to make an appointment or to conduct a new appointment process.

Marginal note:Failure of corrective action

83. Where the Commission has made or proposed an appointment as a result of the implementation of corrective action ordered under section 81, a complaint may be made to the Tribunal, in the manner and within the period provided by its regulations, by

• (a) the person who made the complaint under section 77,

• (b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1), or

• (c) any other person directly affected by the implementation of the corrective action,

on the grounds that the person was not appointed or proposed for appointment by reason of an abuse of authority by the Commission or deputy head in the implementation of the corrective action.