Marginal note:Technical irregularity

9. No proceeding is invalid by reason only of a defect in form or a technical irregularity.

Marginal note:Time for making complaint

• 10. (1) A complaint must be received by the Tribunal no later than 15 days after

  • (a) the day on which the complainant receives notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates; or

  • (b) the date specified in the notice, if it is a public notice.

• Marginal note:Receipt of complaint

  (2) A complaint is considered to have been received by the Tribunal on

  • (a) if the complaint is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

  • (b) if the complaint is sent by courier or delivered by hand, the day on which it is received; or

  • (c) if the complaint is sent by mail, the day that is

    • (i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

    • (ii) if both the postmark and the postage meter impression appear on the envelope, the later of them.

Marginal note:Form and content of complaint

11. A complaint must be filed with the Executive Director in writing and must include

• (a) the name, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;

• (b) [Repealed, SOR/2011-116, s. 5]

• (c) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

• (d) the number or identifier, if any, of the process to which the complaint relates;

• (e) a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;

• (f) the name of the department or agency, branch or sector involved in the process to which the complaint relates;

• (g) a reference to the provision of the Act under which the complaint is made;

• (h) a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;

• (i) the signature of the complainant or their authorized representative; and

• (j) the date of the complaint.

Marginal note:Procedure on receipt of complaint

12. On receiving the complaint, the Executive Director must acknowledge its receipt and send a copy of it and all supporting documents to the deputy head or the Commission.