Marginal note:Technical irregularity
9. No proceeding is invalid by reason only of a defect in form or a technical irregularity.
MAKING A COMPLAINT
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.
- SOR/2011-116, s. 4.
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(b) [Repealed, SOR/2011-116, s. 5]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.
- SOR/2011-116, s. 5.
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.
- SOR/2011-116, s. 6.
- Date modified: