Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Loi

  Act means the Public Service Employment Act. (Loi)

  day

  jour

  day means a calendar day. (jour)

  Executive Director

  directeur exécutif

  Executive Director means the Executive Director of the Tribunal. (directeur exécutif)

  intervenor

  intervenant

  intervenor means anyone who is allowed under subsection 19(4) to intervene in the hearing of a complaint. (intervenant)

  party

  partie

  party means anyone who has a right to be heard under subsection 65(3), section 75, subsection 79(1) or section 85 of the Act. (partie)

  standardized test

  test standardisé

  standardized test has the meaning attributed to it by the Commission. (test standardisé)

  writing

  écrit

  writing includes, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)

• Marginal note:Canadian Human Rights Commission

  (2) For the purposes of these Regulations, the Canadian Human Rights Commission is a participant in a proceeding in relation to a complaint if the Canadian Human Rights Commission has given notice under subsection 20(3) that it intends to make submissions regarding an issue raised by the complainant involving the interpretation or the application of the Canadian Human Rights Act.

• Marginal note:References to “the deputy head or the Commission”

  (3) In these Regulations, a reference to “the deputy head or the Commission”, in the context of a complaint, means

  • (a) the deputy head, in any case where the complaint relates to a lay-off, revocation, appointment or proposed appointment in respect of which the Commission has authorized the deputy head under section 15 of the Act to exercise or perform any of the Commission’s powers and functions; and

  • (b) the Commission, in any other case.

Application

Marginal note:Application

2 These Regulations apply to all complaints made to the Tribunal under subsection 65(1) or section 74, subsection 77(1) or section 83 of the Act.

General Provisions

Marginal note:When notice considered received

3 A notice that is sent to a party, an intervenor or the Canadian Human Rights Commission is considered to have been received by the party, the intervenor or the Canadian Human Rights Commission on

• (a) if the notice is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

• (b) if the notice is sent by courier or delivered by hand, the day on which it is received; and

• (c) if the notice is sent by mail, the day that is six days after

  • (i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

  • (ii) if both the postmark and the postage meter impression appear on the envelope, the later of them.

Marginal note:Alternate methods of providing notices and other documents

4 Despite any provisions of these Regulations, the Tribunal may, in the interest of fairness, establish alternate methods of providing notices and other documents.

Marginal note:Extension of time

5 The Tribunal may, in the interest of fairness, extend any time specified in these Regulations.

Marginal note:Reduction of time

6 If a matter is urgent, the Tribunal may reduce any time specified in these Regulations.

Marginal note:Computation of time

7 A time period calculated under these Regulations that ends on a Saturday or a holiday is extended to end on the next day after that is not a Saturday or a holiday.

Marginal note:Consolidation of complaints

8 To ensure the expeditious resolution of complaints, the Tribunal may direct that proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceedings.

Marginal note:Technical irregularity

9 No proceeding is invalid by reason only of a defect in form or a technical irregularity.

Making a Complaint

Marginal note:Time for making a complaint

• 10  A complaint by a person may be made to the Tribunal

  • (a) except where paragraph (b) applies, no later than 15 days after the day on which the person receives notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates; and

  • (b) if the notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates is a public notice, no later than 15 days after the date of the notice.

Marginal note:Form and content of complaint

11 A complaint must be filed with the Executive Director in writing and must include

• (a) the complainant’s name, address, telephone number, fax number and electronic mail address;

• (b) the mailing address or electronic mail address that is to be used for sending documents to the complainant;

• (c) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

• (d) the number or identifier, if any, of the process to which the complaint relates;

• (e) the date of the notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates;

• (f) the name of the department or agency, branch or sector involved in the process to which the complaint relates;

• (g) a reference to the provision of the Act under which the complaint is made;

• (h) a full factual description of the events, circumstances or actions giving rise to the complaint, if known by the complainant;

• (i) the signature of the complainant or their authorized representative; and

• (j) the date of the complaint.

Marginal note:Procedure on receipt of complaint

12 On receiving the complaint, the Executive Director must acknowledge receipt of the complaint and send a copy of the complaint to the deputy head or the Commission.

Marginal note:Names and addresses of parties

13 After receiving a copy of the complaint, the deputy head or the Commission must provide the Executive Director with the names and addresses of the other parties, including their electronic mail addresses, if any, within five days.

Marginal note:Copies to be provided

14 On receipt of the names and addresses of the other parties, the Executive Director must send a copy of the complaint to each of those other parties.

Alternate Dispute Resolution Processes

Mediation

Marginal note:Participation in mediation

• 15 (1) The Executive Director must schedule mediation for a complaint unless

  • (a) the complainant informs the Executive Director, no later than 25 days after the date of the letter by which the Executive Director acknowledges receipt of the complaint, that the complainant does not wish to participate in mediation; or

  • (b) the deputy head or the Commission informs the Executive Director, no later than 25 days after the deputy head or the Commission receives a copy of the complaint, that they do not wish to participate in mediation.

• Marginal note:Request to mediate

  (2) A party may, with the agreement of the other party, request mediation of the complaint by so informing the Executive Director before the day of the hearing.

Exchange of Information

Marginal note:Exchange of information

• 16 (1) In the interest of facilitating the resolution of the complaint, the complainant and the deputy head or the Commission must, as soon as possible after the complaint has been filed, exchange all relevant information regarding the complaint.

• Marginal note:Time for the exchange

  (2) The exchange of information must be completed no later than 25 days after the date of the letter by which the Executive Director acknowledges receipt of the complaint.

• Marginal note:Ordering the provision of information

  (3) If the complainant and the deputy head or the Commission do not complete the exchange of all relevant information as required by subsections (1) and (2), the Tribunal may order the parties to complete the exchange of information within a time specified by the Tribunal.

Marginal note:Refusal to provide information

• 17 (1) Despite section 16, the complainant or the deputy head or the Commission may refuse to provide information referred to in that section if providing that information might

  • (a) threaten national security;

  • (b) threaten any person’s safety; or

  • (c) affect the validity or continued use of a standardized test or parts of the test or affect the results of a standardized test by giving an unfair advantage to any individual.

• Marginal note:Request for order for provision of information

  (2) If a party refuses to provide information under subsection (1), the complainant or the deputy head or the Commission may request the Tribunal to order that the information be provided.

• Marginal note:Form and content of request

  (3) The request must be in writing and must include

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

  • (b) the Tribunal’s file number for the complaint;

  • (c) a detailed explanation as to why the Tribunal should order that the information be provided;

  • (d) the signature of the party making the request; and

  • (e) the date of the request.

• Marginal note:Ordering provision of information

  (4) If the Tribunal is satisfied that the provision of the information will not present any of the risks referred to in paragraphs (1)(a) to (c), the Tribunal must order that the information be provided to the complainant or the deputy head or the Commission.

• Marginal note:Conditions

  (5) The Tribunal may make the order subject to any conditions that the Tribunal considers necessary, including any conditions that are necessary to prevent the provision of the information from presenting any of the risks referred to in paragraphs (1)(a) to (c).

• Marginal note:Duration of conditions

  (6) The conditions apply before and after the hearing or other resolution or disposition of the complaint.

Marginal note:Use of information obtained

18 Any information obtained under section 16 or 17 may be used only for purposes of the complaint.

Intervenors

Marginal note:Application to intervene

• 19 (1) Anyone with a substantial interest in a proceeding before the Tribunal may apply to the Tribunal for permission to intervene in the proceeding.

• Marginal note:Form and content of application

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

  • (a) the applicant’s name, address, telephone number, fax number and electronic mail address;

  • (b) the mailing address or electronic mail address that is to be used for sending documents to the applicant;

  • (c) the name, address, telephone number, fax number and electronic mail address of the applicant’s authorized representative, if any;

  • (d) the Tribunal’s file number for the complaint that is the subject of the application;

  • (e) the grounds for intervention and the interest of the applicant in the matter;

  • (f) the contribution that the applicant expects to make if allowed to intervene;

  • (g) the signature of the applicant or their authorized representative; and

  • (h) the date of the application.

• Marginal note:Representations

  (3) The Tribunal must give the parties and the Canadian Human Rights Commission, if it is a participant, the opportunity to make representations in respect of the application.

• Marginal note:Allowing the application

  (4) The Tribunal may allow the applicant to intervene after considering the following factors:

  • (a) whether the applicant is directly affected by the proceeding;

  • (b) whether the applicant’s position is already represented in the proceeding;

  • (c) whether the public interest or the interests of justice would be served by allowing the applicant to intervene; and

  • (d) whether the input of the applicant would assist the Tribunal in deciding the matter.

• Marginal note:Directions to intervenor

  (5) In allowing the application, the Tribunal may issue directions regarding the role of the intervenor, including any matter relating to the procedure to be followed by the intervenor.

Notice to the Canadian Human Rights Commission

Marginal note:Notice of issue

• 20 (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 notice that the complainant is required by subsection 65(5) or section 78 of the Act to give to the Canadian Human Rights Commission must be in writing and must include

  • (a) a copy of the complaint;

  • (b) the complainant’s name and the mailing address or electronic mail address that is to be used for sending documents to the complainant;

  • (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 Executive Director 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 Executive Director whether or not it intends to make submissions regarding the issue referred to in paragraph (1)(d).

• Marginal note:Executive Director to provide copies

  (4) The Executive Director 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.

Time Period for Raising Timeliness Objection

Marginal note:Time period

• 21 (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 Tribunal’s file number for the complaint;

  • (d) the facts on which the objecting party relies in making the objection;

  • (e) the signature of the objecting party; and

  • (f) the date of the request.

Allegations

Marginal note:Time period

• 22 (1) The complainant must provide his or her allegations to each of the other parties, to the Executive Director, 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 name, address, telephone number, fax number and electronic mail address of the complainant;

  • (b) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

  • (c) the Tribunal’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;

  • (e) the signature of the complainant or the complainant’s authorized representative; and

  • (f) the date of the document.

• Marginal note:Failure to provide allegations

  (3) If the complainant fails to provide allegations, the Tribunal may consider the complaint withdrawn.

Marginal note:New or amended allegation

• 23 (1) The Tribunal may, on request, permit the complainant to amend an allegation or provide a new allegation if 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.

• Marginal note:Form and content of request

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

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

  • (b) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

  • (c) the Tribunal’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;

  • (f) the signature of the complainant or the complainant’s authorized representative; and

  • (g) the date of the request.

Reply from the Deputy Head or the Commission

Marginal note:Time period

• 24 (1) The deputy head or the Commission, as respondent, must provide a copy of the reply to each of the other parties, to the Executive Director, 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 Tribunal’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;

  • (e) the signature of the respondent or the respondent’s authorized representative; and

  • (f) the date of the reply.

Other Parties’ Replies

Marginal note:Other parties may reply

• 25 (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 Executive Director, 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 Tribunal’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;

  • (e) the signature of the party or the party’s authorized representative; and

  • (f) the date of the reply.

Withdrawal of Complaint

Marginal note:Notice of withdrawal

• 26 (1) If a complainant wishes to withdraw his or her complaint, the complainant must file a written notice of the withdrawal with the Executive Director.

• Marginal note:Content of notice

  (2) The notice of withdrawal must include

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

  • (b) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

  • (c) the Tribunal’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 Executive Director 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.

The Hearing

Marginal note:Master of proceedings

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

Marginal note:Notice of hearing

• 28 (1) The Executive Director 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.

Marginal note:Failure to appear

29 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 Tribunal is satisfied that notice of the hearing was sent to that party, intervenor or participant, the Tribunal may proceed with the hearing and dispose of the complaint without further notice.

Marginal note:Adjournment of hearing

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

Coming into Force

Marginal note:Coming into force

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