Budget Implementation Act, 2009 (S.C. 2009, c. 2)

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:

  • (a) complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; and

  • (b) complaints based on section 11 of the Canadian Human Rights Act.

• 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.

• Marginal note:Limitation

  (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:Application

398. Sections 30 and 33 of the Public Sector Equitable Compensation Act and sections 396 and 397 apply despite any provision of the Expenditure Restraint Act.

399. The Canadian Human Rights Act is amended by adding the following after section 40.1: