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

Exchange of Information

Marginal note:Exchange of information

• 16 (1) To facilitate the resolution of the complaint, the complainant and respondent must, as soon as feasible 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 or respondent 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 within the time specified by the Board.

Order to Provide Information

Marginal note:Request for order to provide information

• 17 (1) If a party refuses to provide information, the complainant or respondent 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 and contact information 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 or respondent 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.

Restriction on Use of Information

Marginal note:Use of information obtained

18 Any information obtained under sections 16 and 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 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 name and contact information that are to be used for sending documents to the applicant;

  • (b) [Repealed, SOR/2011-116, s. 11]

  • (c) the name and contact information 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:Submissions

  (3) The Board must give the parties and, if they are participants, the Canadian Human Rights Commission and the Accessibility Commissioner, the opportunity to make submissions 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.

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

  • (a) a copy of the complaint;

  • (b) the name and contact information of the complainant that can be disclosed to all parties;

  • (c) the name and contact information 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 give a copy of the notice from the Canadian Human Rights Commission to each of the parties and each of the intervenors, if any.

Notice to the Accessibility Commissioner

Marginal note:Notice of issue

• 20.1 (1) If the complainant raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act in a complaint made under subsection 65(1) or 77(1) of the Act, the complainant must notify in writing the Accessibility Commissioner under subsection 65(9) or section 78.1 of the Act. The notice must include

  • (a) a copy of the complaint;

  • (b) the name and contact information of the complainant that can be disclosed to all parties;

  • (c) the name and contact information of the complainant’s authorized representative, if any;

  • (d) a description of the issue;

  • (e) the corrective action sought;

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

  • (g) the date of the notice.

• Marginal note:Copy of the notice — complainant

  (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:Intention to make submissions

  (3) The Accessibility Commissioner must, no later than 15 days after receiving the notice, notify the Board whether or not the Commissioner intends to make submissions regarding the issue referred to in paragraph (1)(d).

• Marginal note:Copy of the notice — Board

  (4) The Board must give a copy of the Commissioner’s notice 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 any of the following persons wishes to object on the ground that the complaint was not made within the period required under section 10, they must do so before the end of the period for exchanging information:

  • (a) the respondent;

  • (b) the person appointed or proposed for appointment; or

  • (c) one of the employees referred to in subsection 65(3) of the Act, other than the complainant.

• Marginal note:Form and content of objection

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

  • (a) the name and contact information of the objecting party;

  • (b) the name and contact information 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]

Allegations

Marginal note:Time period

• 22 (1) Within 10 days after the end of the period for exchanging information, the complainant must provide their allegations to

  • (a) the other parties;

  • (b) the Board;

  • (c) the intervenors, if any; and

  • (d) the Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.

• Marginal note:Form and content of allegations

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

  • (a) the name and contact information of the complainant that can be disclosed to all parties;

  • (b) the name and contact information 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.