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

Regulations are current to 2022-07-25 and last amended on 2014-11-03. Previous Versions

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 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 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 provide a copy of the notice from the Canadian Human Rights Commission to each of the parties and each of the intervenors, if any.

  • SOR/2011-116, s. 12
  • SOR/2014-250, s. 7

Time Period for Raising Timeliness Objection

Marginal note:Time period

  •  (1) If the deputy head or the Commission or a person appointed or proposed for appointment wishes to object that the complaint was not made within the period required by section 10, they must do so before the end of the period for exchanging information.

  • Marginal note:Form and content of objection

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

    • (a) the name, address, telephone number, fax number and electronic mail address of the objecting party;

    • (b) the name, address, telephone number, fax number and electronic mail address 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]

  • SOR/2011-116, s. 13
  • SOR/2014-250, s. 8

Allegations

Marginal note:Time period

  •  (1) The complainant must provide his or her allegations to each of the other parties, to the Board, to each of the intervenors, if any, and to the Canadian Human Rights Commission, if it is a participant, no later than 10 days after the end of the period for exchanging information.

  • Marginal note:Form and content of allegations

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

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

    • (b) the name, address, telephone number, fax number and electronic mail address 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.

  • SOR/2011-116, s. 14
  • SOR/2014-250, ss. 7, 8

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 his or her 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, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;

    • (b) the name, address, telephone number, fax number and electronic mail address 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 his or her original allegations or as to why the complainant needs to amend his or her 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.

  • SOR/2011-116, s. 15
  • SOR/2014-250, ss. 6(F), 8

Reply from the Deputy Head or the Commission

Marginal note:Deadline for reply

  •  (1) The deputy head or the Commission, as respondent, must provide its reply to each of the other parties, to the Board, to each of the intervenors, if any, and to the Canadian Human Rights Commission, if it is a participant, no later than 15 days after receiving the complainant’s allegations or amended allegations.

  • Marginal note:Form and content of reply

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

    • (a) the name, address, telephone number, fax number and electronic mail address of the respondent;

    • (b) the name, address, telephone number, fax number and electronic mail address 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.

  • SOR/2011-116, s. 16
  • SOR/2014-250, ss. 7, 8

Other Parties’ Replies

Marginal note:Other parties may reply

  •  (1) If another party wishes to participate in the hearing, he or she must provide his or her reply to the complainant, to the deputy head or the Commission, to the Board, to the other parties, to each of the intervenors, if any, and to the Canadian Human Rights Commission, if it is a participant, no later than 10 days after receiving the reply of the deputy head or the Commission.

  • Marginal note:Form and content of reply

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

    • (a) the name, address, telephone number, fax number and electronic mail address of the party;

    • (b) the name, address, telephone number, fax number and electronic mail address 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.

  • SOR/2011-116, s. 17
  • SOR/2014-250, ss. 7, 8

Withdrawal of Complaint

Marginal note:Notice of withdrawal

  •  (1) If a complainant wishes to withdraw his or her 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 complainant’s name, telephone number and fax number, and a mailing address or electronic mail address that can be disclosed to all parties;

    • (b) the name, address, telephone number, fax number and electronic mail address 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 to each of the other parties, to each of the intervenors, if any, and to the Canadian Human Rights Commission, if it is a participant, that the complaint has been withdrawn and the file has been closed.

  • SOR/2011-116, s. 18
  • SOR/2014-250, ss. 7, 8

The Hearing

Marginal note:Master of proceedings

 The Board is master of the proceedings and may determine the manner and order of the presentation of evidence and arguments at the hearing.

  • SOR/2014-250, s. 8

Marginal note:Notice of hearing

  •  (1) The Board must give notice of the date, time and place of the hearing to each of the parties, to each of the intervenors, if any, and to the Canadian Human Rights Commission, if it is a participant.

  • Marginal note:Notice period

    (2) Unless the matter is urgent, the notice must be given at least seven days before the date of the hearing.

  • SOR/2014-250, s. 7

Marginal note:Failure to appear

 If a party, an intervenor or the Canadian Human Rights Commission, if it is a participant, does not appear at the hearing of a complaint or at any continuance of the hearing and the Board is satisfied that notice of the hearing was sent to that party, intervenor or participant, the Board may proceed with the hearing and dispose of the complaint without further notice.

  • SOR/2011-116, s. 19(F)
  • SOR/2014-250, s. 8

Marginal note:Adjournment of hearing

 The Board may adjourn a hearing and must advise of the day, time, place and terms of its continuance.

  • SOR/2014-250, s. 8

Coming into Force

Marginal note:Coming into force

 These Regulations come into force on the later of the day on which they are registered and December 31, 2005.

 
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