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

Marginal note:New or amended allegation

• 23 (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 their 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 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 explanation as to why the complainant did not include the allegation with their original allegations or as to why the complainant needs to amend their 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  • (f) [Repealed, SOR/2011-116, s. 15]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.

Reply from the Respondent

Marginal note:Deadline for reply

• 24 (1) Within 15 days after receiving the complainant’s allegations or amended allegations, the respondent must provide their reply 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 reply

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

  • (a) the name and contact information of the respondent;

  • (b) the name and contact information 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  • (e) [Repealed, SOR/2011-116, s. 16]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.

• Marginal note:Failure to reply

  (3) If the respondent does not file their reply within the time period specified in these Regulations, without any reasonable explanation, the Board may dispose of the matter without giving that party the notice referred to in section 28.

Other Parties’ Replies

Marginal note:Other parties may reply

• 25 (1) Within 10 days after receiving the respondent’s reply, any other party who wishes to participate in the hearing must provide their reply to

  • (a) the complainant;

  • (b) the respondent;

  • (c) the other parties;

  • (d) the Board

  • (e) the intervenors, if any; and

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

• Marginal note:Form and content of reply

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

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

  • (b) the name and contact information 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.

Withdrawal of Complaint

Marginal note:Notice of withdrawal

• 26 (1) If a complainant wishes to withdraw their 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 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 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 that the complaint has been withdrawn and the file closed to

  • (a) the other parties;

  • (b) the intervenors, if any; and

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

The Hearing

Marginal note:Master of proceedings

27 The Board 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 Board must give notice of the date, time and place of the hearing to

  • (a) the parties;

  • (b) the intervenors, if any; and

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

• 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, if they are a participant, the Canadian Human Rights Commission or the Accessibility Commissioner does not appear at the hearing of a complaint or at any continuance of the hearing and the Board is satisfied that notice of the hearing was given to that party, intervenor or participant, the Board may proceed with the hearing and dispose of the complaint without further notice.

Marginal note:Adjournment of hearing

30 The Board 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.