Marginal note:Complaints before Canadian Human Rights Tribunal
397. (1) Subject to subsections (2) and (3), the Canadian Human Rights Tribunal shall inquire into the following complaints with respect to employees that are before it on the day on which this Act receives royal assent:
Marginal note:Powers of Tribunal
(2) If section 399 is in force when the Canadian Human Rights Tribunal inquires into a complaint referred to in subsection (1),
(a) complaints referred to in paragraph (1)(a) shall be dealt with as if sections 7 and 10 of the Canadian Human Rights Act still applied to those employees; and
(b) complaints referred to in paragraph (1)(b) shall be dealt with as if section 11 of the Canadian Human Rights Act and the Equal Wage Guidelines, 1986 still applied to those employees.
(3) No monetary remedy may be granted by the Canadian Human Rights Tribunal in respect of a complaint referred to in subsection (1) other than a lump sum payment, and the payment may only be in respect of a period that ends on or before the day on which section 394 comes into force.
Marginal note:R.S., c. H-6
Canadian Human Rights Act
Marginal note:Non-application of sections 7, 10 and 11
40.2 The Commission does not have jurisdiction to deal with complaints made against an employer within the meaning of the Public Sector Equitable Compensation Act alleging that
(a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; or
(b) the employer has engaged in a discriminatory practice referred to in section 11.
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