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

Regulations are current to 2016-11-21 and last amended on 2014-11-03. Previous Versions

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    • (f) [Repealed, SOR/2011-116, s. 13]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    • (e) [Repealed, SOR/2011-116, s. 14]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.
 
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