Short Title

1 These Regulations may be cited as the Customs and Excise Human Rights Investigation Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Canadian Human Rights Act; (Loi)

Commission

Commission means the Canadian Human Rights Commission; (Commission)

Department

Department means that part of the Department of National Revenue for which the Deputy Minister is the lawful deputy of the Minister of National Revenue; (ministère)

Deputy Minister

Deputy Minister means the Deputy Minister of National Revenue for Customs and Excise; (sous-ministre)

officer

officer means a person employed in the Department. (fonctionnaire)

Procedure

3 Where a complaint is received by the Commission arising from the actions of an officer engaged in the administration or enforcement of a law relating to customs and excise, the Commission shall serve on the Deputy Minister

• (a) a copy of the complaint;

• (b) notice of the name of the investigator designated pursuant to subsection 35(1) of the Act to investigate the complaint; and

• (c) an investigation plan that

  • (i) identifies those relevant documents believed to be under the control of the Department that the investigator may request to examine, and

  • (ii) identifies those officers whom the investigator may request to examine.

• 4 (1) An investigator conducting an investigation pursuant to an investigation plan as described in paragraph 3(c) shall take into account the operational needs of the Department.

• (2) An investigator shall not request documents or officers to be examined earlier than seven days from the date the Deputy Minister was served with a copy of the complaint referred to in section 3.

• 5 (1) The Commission shall serve a copy of a complaint referred to in section 3 on

  • (a) each officer who is identified in the complaint;

  • (b) each officer whose actions resulted in the complaint; and

  • (c) the appropriate Regional Collector of Customs or Regional Director of Excise.

• (2) Where an officer referred to in subsection (1) is requested to be examined by the investigator, he shall not be examined earlier than seven days from the date he was served with a copy of the complaint.

6 An officer who is requested by an investigator to be examined pursuant to an investigation plan

• (a) shall, at his request, be examined in the presence of another officer who is senior to him; and

• (b) has the right to have legal counsel and a union representative present during the examination.

7 Any documents identified in an investigation plan shall be examined by the investigator at the place where those documents are normally kept.

8 Where the Commission, following the designation of a person to investigate a complaint, at any time designates another person to investigate that complaint in lieu of the first person so designated, the investigation of the complaint shall not continue until

• (a) the Commission has, in writing, informed the Deputy Minister of the new designation and the name of the investigator;

• (b) the Commission has, in writing, informed every officer in respect of whom a copy of the complaint was served pursuant to section 5 of the new designation and the name of the investigator; and

• (c) the Commission has, in writing, informed every officer requested to be examined by the former investigator of the new designation and the name of the investigator.

9 At the completion of an investigation of a complaint, the investigator shall inform the appropriate Regional Collector of Customs or Regional Director of Excise, as the case may be, of his findings and the recommendations that he intends to make to the Commission.