Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Public Service Staffing Complaints Regulations (SOR/2006-6)

Regulations are current to 2023-01-11 and last amended on 2022-11-22. Previous Versions

Alternate Dispute Resolution Processes (continued)

Restriction on Use of Information

Marginal note:Use of information obtained

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

  • SOR/2011-116, s. 10(E)

Intervenors

Marginal note:Application to intervene

  •  (1) Anyone with a substantial interest in a proceeding before the Board may apply to the Board 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 name and contact information that are to be used for sending documents to the applicant;

    • (b) [Repealed, SOR/2011-116, s. 11]

    • (c) the name and contact information of the applicant’s authorized representative, if any;

    • (d) the Board’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:Submissions

    (3) The Board must give the parties and, if they are participants, the Canadian Human Rights Commission and the Accessibility Commissioner, the opportunity to make submissions in respect of the application.

  • Marginal note:Allowing the application

    (4) The Board 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 Board in deciding the matter.

  • Marginal note:Directions to intervenor

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

Notice to the Canadian Human Rights Commission

Marginal note:Notice of issue

  •  (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 notify in writing the Canadian Human Rights Commission under subsection 65(5) or section 78 of the Act. The notice must include

    • (a) a copy of the complaint;

    • (b) the name and contact information of the complainant that can be disclosed to all parties;

    • (c) the name and contact information 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 Board 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 Board whether or not it intends to make submissions regarding the issue referred to in paragraph (1)(d).

  • Marginal note:Board to provide copies

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

Notice to the Accessibility Commissioner

Marginal note:Notice of issue

  •  (1) If the complainant raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act in a complaint made under subsection 65(1) or 77(1) of the Act, the complainant must notify in writing the Accessibility Commissioner under subsection 65(9) or section 78.1 of the Act. The notice must include

    • (a) a copy of the complaint;

    • (b) the name and contact information of the complainant that can be disclosed to all parties;

    • (c) the name and contact information of the complainant’s authorized representative, if any;

    • (d) a description of the issue;

    • (e) the corrective action sought;

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

    • (g) the date of the notice.

  • Marginal note:Copy of the notice — complainant

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

  • Marginal note:Intention to make submissions

    (3) The Accessibility Commissioner must, no later than 15 days after receiving the notice, notify the Board whether or not the Commissioner intends to make submissions regarding the issue referred to in paragraph (1)(d).

  • Marginal note:Copy of the notice — Board

    (4) The Board must give a copy of the Commissioner’s notice to each of the parties and each of the intervenors, if any.

Time Period for Raising Timeliness Objection

Marginal note:Time period

  •  (1) If any of the following persons wishes to object on the ground that the complaint was not made within the period required under section 10, they must do so before the end of the period for exchanging information:

    • (a) the respondent;

    • (b) the person appointed or proposed for appointment; or

    • (c) one of the employees referred to in subsection 65(3) of the Act, other than the complainant.

  • Marginal note:Form and content of objection

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

    • (a) the name and contact information of the objecting party;

    • (b) the name and contact information of the objecting party’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) the facts and any documents on which the objecting party relies in making the objection; and

    • (e) the date of the objection.

    • (f) [Repealed, SOR/2011-116, s. 13]

Allegations

Marginal note:Time period

  •  (1) Within 10 days after the end of the period for exchanging information, the complainant must provide their allegations to

    • (a) the other parties;

    • (b) the Board;

    • (c) the intervenors, if any; and

    • (d) the Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.

  • Marginal note:Form and content of allegations

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

    • (a) the name and contact information of the complainant that can be disclosed to all parties;

    • (b) the name and contact information of the complainant’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) a detailed description of the allegations on which the complainant intends to rely and full particulars of the relevant facts; and

    • (e) [Repealed, SOR/2011-116, s. 14]

    • (f) the date of the document.

  • Marginal note:Failure to provide allegations

    (3) If the complainant fails to provide allegations, the Board may dismiss the complaint.

Marginal note:New or amended allegation

  •  (1) The Board must, on request, permit the complainant to amend an allegation or provide a new allegation if

    • (a) the amendment or new allegation results from information obtained that could not reasonably have been obtained before the complainant submitted their original allegations; or

    • (b) it is otherwise in the interest of fairness to do so.

  • Marginal note:Form and content of request

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

    • (a) the name and contact information of the complainant that can be disclosed to all parties;

    • (b) the name and contact information of the complainant’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) a detailed explanation as to why the complainant did not include the allegation with their original allegations or as to why the complainant needs to amend their allegations, as the case may be;

    • (e) the new or amended allegation; and

    • (f) [Repealed, SOR/2011-116, s. 15]

    • (g) the date of the request.

Reply from the Respondent

[
  • SOR/2022-243, s. 17
]

Marginal note:Deadline for reply

  •  (1) Within 15 days after receiving the complainant’s allegations or amended allegations, the respondent must provide their reply to

    • (a) the other parties;

    • (b) the Board;

    • (c) the intervenors, if any; and

    • (d) the Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.

  • Marginal note:Form and content of reply

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

    • (a) the name and contact information of the respondent;

    • (b) the name and contact information of the respondent’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) a full response to any allegations or issues raised in the complaint and full particulars of any additional relevant facts on which the respondent intends to rely; and

    • (e) [Repealed, SOR/2011-116, s. 16]

    • (f) the date of the reply.

  • Marginal note:Failure to reply

    (3) If the respondent does not file their reply within the time period specified in these Regulations, without any reasonable explanation, the Board may dispose of the matter without giving that party the notice referred to in section 28.

Other Parties’ Replies

Marginal note:Other parties may reply

  •  (1) Within 10 days after receiving the respondent’s reply, any other party who wishes to participate in the hearing must provide their reply to

    • (a) the complainant;

    • (b) the respondent;

    • (c) the other parties;

    • (d) the Board

    • (e) the intervenors, if any; and

    • (f) the Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.

  • Marginal note:Form and content of reply

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

    • (a) the name and contact information of the party;

    • (b) the name and contact information of the party’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) a full response to any allegations or issues raised in the complaint and full particulars of any additional relevant facts on which the party intends to rely; and

    • (e) [Repealed, SOR/2011-116, s. 17]

    • (f) the date of the reply.

Withdrawal of Complaint

Marginal note:Notice of withdrawal

  •  (1) If a complainant wishes to withdraw their complaint, the complainant must file a written notice of the withdrawal with the Board.

  • Marginal note:Content of notice

    (2) The notice of withdrawal must include

    • (a) the name and contact information of the complainant that can be disclosed to all parties;

    • (b) the name and contact information of the complainant’s authorized representative, if any;

    • (c) the Board’s file number for the complaint;

    • (d) a statement that the complainant wishes to withdraw the complaint;

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

    • (f) the date of the withdrawal.

  • Marginal note:Notice to other parties and intervenors

    (3) On receiving the notice of withdrawal, the Board must give notice that the complaint has been withdrawn and the file closed to

    • (a) the other parties;

    • (b) the intervenors, if any; and

    • (c) the Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.

 
Date modified: