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

Regulations are current to 2020-07-28 and last amended on 2014-11-03. Previous Versions

Making a Complaint (continued)

Marginal note:Procedure on receipt of complaint

 On receiving the complaint, the Board must acknowledge its receipt and send a copy of it and all supporting documents to the deputy head or the Commission.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Marginal note:Names and addresses of parties

 Within 10 days after receiving a copy of the complaint and all supporting documents, the deputy head or the Commission must provide the Board with the names and business addresses of the other parties, including their electronic mail addresses, if any.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Marginal note:Copies to be provided

 On receiving the names and addresses of the other parties, the Board must send a copy of the complaint and all supporting documents to each of the other parties.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Alternate Dispute Resolution Processes

Mediation

Marginal note:Participation in mediation

  •  (1) The Board must schedule mediation for a complaint unless

    • (a) the complainant informs the Board, no later than 25 days after the date of the letter by which the Board 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 Board, 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) The complainant, the deputy head or the Commission may, with the agreement of the other party, request mediation of the complaint by informing the Board of that request before the date of the hearing.

  • SOR/2011-116, s. 7
  • SOR/2014-250, ss. 4(E), 7

Exchange of Information

Marginal note:Exchange of information

  •  (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 Board acknowledges receipt of the complaint.

  • Marginal note:Order to exchange information

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

  • SOR/2011-116, s. 8
  • SOR/2014-250, ss. 7, 8

Order to Provide Information

Marginal note:Request for order to provide information

  •  (1) If a party refuses to provide information, the complainant, the deputy head or the Commission may, after the time provided for the exchange of information, request the Board to order that the information be provided.

  • Marginal note:Form and content of request

    (2) The request for an order to provide information 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 Board’s file number for the complaint to which the request relates;

    • (c) a list specifying the documents or information requested;

    • (d) a detailed explanation as to why each requested item is relevant to the complaint; and

    • (e) the date of the request.

  • Marginal note:Suspension of time

    (3) Any time that is specified in these Regulations in relation to a complaint, notice or document is suspended until the Board renders a decision respecting the request for an order to provide information.

  • Marginal note:Order to provide information

    (4) The Board must order that the complainant, the deputy head or the Commission be provided with the information if the Board determines that the information may be relevant and that its provision will not

    • (a) threaten national security;

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

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

  • Marginal note:Conditions

    (5) The Board may make the order to provide information subject to any conditions that it determines are necessary, including any conditions that are necessary to prevent any of the risks referred to in paragraphs (4)(a) to (c).

  • Marginal note:Duration of conditions

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

  • SOR/2011-116, s. 9
  • SOR/2014-250, s. 8

Restriction on Use of Information

Marginal note:Use of information obtained

 Any information obtained under sections 16 and 17 may be used only for purposes of the complaint.

  • SOR/2011-116, s. 10(E)

Intervenors

Marginal note:Application to intervene

  •  (1) Anyone with a substantial interest in a proceeding before the Board may apply to the Board 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 and fax number, and a mailing address or electronic mail address that is to be used for sending documents to the applicant;

    • (b) [Repealed, SOR/2011-116, s. 11]

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

    • (d) the Board’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 Board 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 Board 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 Board in deciding the matter.

  • Marginal note:Directions to intervenor

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

  • SOR/2011-116, s. 11
  • SOR/2014-250, ss. 5(F), 8

Notice to the Canadian Human Rights Commission

Marginal note:Notice of issue

  •  (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 complainant must give notice to the Canadian Human Rights Commission under subsection 65(5) or section 78 of the Act. The notice must be in writing and must include

    • (a) a copy of the complaint;

    • (b) the complainant’s name, telephone number and fax number, and a mailing address or electronic mail address that can be disclosed to all parties;

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

  • Marginal note:Board to provide copies

    (4) The Board 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.

  • SOR/2011-116, s. 12
  • SOR/2014-250, s. 7
 
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