Marginal note:Use of information obtained

18. Any information obtained under sections 16 and 17 may be used only for purposes of the complaint.

Marginal note:Application to intervene

• 19. (1) Anyone with a substantial interest in a proceeding before the Tribunal may apply to the Tribunal for permission to intervene in the proceeding.

• Marginal note:Form and content of application

  (2) The application must be in writing and must include

  • (a) the applicant’s name, address, telephone number and fax number, and a mailing address or electronic mail address that is to be used for sending documents to the applicant;

  • (b) [Repealed, SOR/2011-116, s. 11]

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

  • (d) the Tribunal’s file number for the complaint that is the subject of the application;

  • (e) the grounds for intervention and the interest of the applicant in the matter;

  • (f) the contribution that the applicant expects to make if allowed to intervene;

  • (g) the signature of the applicant or their authorized representative; and

  • (h) the date of the application.

• Marginal note:Representations

  (3) The Tribunal must give the parties and the Canadian Human Rights Commission, if it is a participant, the opportunity to make representations in respect of the application.

• Marginal note:Allowing the application

  (4) The Tribunal may allow the applicant to intervene after considering the following factors:

  • (a) whether the applicant is directly affected by the proceeding;

  • (b) whether the applicant’s position is already represented in the proceeding;

  • (c) whether the public interest or the interests of justice would be served by allowing the applicant to intervene; and

  • (d) whether the input of the applicant would assist the Tribunal in deciding the matter.

• Marginal note:Directions to intervenor

  (5) In allowing the application, the Tribunal may issue directions regarding the role of the intervenor, including any matter relating to the procedure to be followed by the intervenor.

Marginal note:Notice of issue

• 20. (1) If the complainant raises an issue involving the interpretation or application of the Canadian Human Rights Act in a complaint made under subsection 65(1) or 77(1) of the Act, the complainant must give notice to the Canadian Human Rights Commission under subsection 65(5) or section 78 of the Act. The notice must be in writing and must include

  • (a) a copy of the complaint;

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

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

  • (d) a description of the issue involving the interpretation or the application of the Canadian Human Rights Act and of the alleged discriminatory practice or policy;

  • (e) the prohibited ground of discrimination involved;

  • (f) the corrective action sought;

  • (g) the signature of the complainant or the complainant’s authorized representative; and

  • (h) the date of the notice.

• Marginal note:Copies to be provided

  (2) The complainant must give a copy of the notice to each of the other parties, to the Executive Director and to each of the intervenors, if any. Those copies do not need to include copies of the complaint.

• Marginal note:Notice of intention to make submissions

  (3) The Canadian Human Rights Commission must, no later than 15 days after receiving the notice, notify the Executive Director whether or not it intends to make submissions regarding the issue referred to in paragraph (1)(d).

• Marginal note:Executive Director to provide copies

  (4) The Executive Director must provide a copy of the notice from the Canadian Human Rights Commission to each of the parties and each of the intervenors, if any.