Canadian Human Rights Act
CHAPTER H-6

PART II -- CANADIAN HUMAN RIGHTS COMMISSION


Commission established
26. (1) A commission is hereby established to be known as the Canadian Human Rights Commission, in this Part and Part III referred to as the "Commission", consisting of a Chief Commissioner, a Deputy Chief Commissioner and not less than three or more than six other members, to be appointed by the Governor in Council.
Members
(2) The Chief Commissioner and Deputy Chief Commissioner are full- time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
Term of appointment
(3) Each full-time member of the Commission may be appointed for a term not exceeding seven years and each part-time member may be appointed for a term not exceeding three years.
Tenure
(4) Each member of the Commission holds office during good behaviour but may be removed by the Governor in Council on address of the Senate and House of Commons.
Re-appointment
(5) A member of the Commission is eligible to be re-appointed in the same or another capacity. [1976-77, c.33, s.21.]

Powers, Duties and Functions

Powers, duties and functions
27. (1) In addition to its duties under Part III with respect to complaints regarding discriminatory practices, the Commission is generally responsible for the administration of this Part and Parts I and III and
(a) shall develop and conduct information programs to foster public understanding of this Act and of the role and activities of the Commission thereunder and to foster public recognition of the principle described in section 2;
(b) shall undertake or sponsor research programs relating to its duties and functions under this Act and respecting the principle described in section 2;
(c) shall maintain close liaison with similar bodies or authorities in the provinces in order to foster common policies and practices and to avoid conflicts respecting the handling of complaints in cases of overlapping jurisdiction;
(d) shall perform duties and functions to be performed by it pursuant to any agreement entered into under subsection 28(2);
(e) may consider such recommendations, suggestions and requests concerning human rights and freedoms as it receives from any source and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any such recommendation, suggestion or request;
(f) shall carry out or cause to be carried out such studies concerning human rights and freedoms as may be referred to it by the Minister of Justice and include in a report referred to in section 61 a report setting out the results of each such study together with such recommendations in relation thereto as it considers appropriate;
(g) may review any regulations, rules, orders, by-laws and other instruments made pursuant to an Act of Parliament and, where deemed by the Commission to be appropriate, include in a report referred to in section 61 reference to and comment on any provision thereof that in its opinion is inconsistent with the principle described in section 2; and
(h) shall, so far as is practical and consistent with the application of Part III, endeavour by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.
Guidelines
(2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a particular case or in a class of cases described in the guideline.
Guideline binding
(3) A guideline issued under subsection (2) is, until it is subsequently revoked or modified, binding on the Commission, any Human Rights Tribunal appointed pursuant to subsection 49(1) and any Review Tribunal constituted pursuant to subsection 56(1) with respect to the resolution of any complaint under Part III regarding a case falling within the description contained in the guideline.
Publication or communication
(4) Each guideline issued under subsection (2) that relates to the manner in which a provision of this Act applies in a class of cases shall be published in Part II of the Canada Gazette, and each such guideline that applies in a particular case shall be communicated to the persons directly affected thereby in such manner as the Commission deems appropriate. [1976-77, c.33, s.22; 1977-78, c.22, s.5; 1980-81-82-83, c.143, s.13.]

Assignment of duties
28. (1) On the recommendation of the Commission, the Governor in Council may, by order, assign to persons or classes of persons specified in the order who are engaged in the performance of the duties and functions of the Department of Labour of the Government of Canada such of the duties and functions of the Commission in relation to discriminatory practices in employment outside the public service of Canada as are specified in the order.
Interdelegation
(2) Subject to the approval of the Governor in Council, the Commission may enter into agreements with similar bodies or authorities in the provinces providing for the performance by the Commission on behalf of those bodies or authorities of duties or functions specified in the agreements or for the performance by those bodies or authorities on behalf of the Commission of duties or functions so specified. [1976-77, c.33, s.22.]

Regulations
29. The Governor in Council, on the recommendation of the Commission, may make regulations authorizing the Commission to exercise such powers and perform such duties and functions, in addition to those prescribed by this Act, as are necessary to carry out the provisions of this Part and Parts I and III. [1976-77, c.33, s.23.]

Remuneration

Salaries and remuneration
30. (1) Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by by-law of the Commission, for attendance at meetings of the Commission, or of any division or committee of the Commission, that the member is requested by the Chief Commissioner to attend.
Additional remuneration
(2) A part-time member of the Commission may, for any period during which that member, with the approval of the Chief Commissioner, performs any duties and functions additional to the normal duties and functions of that member on behalf of the Commission, be paid such additional remuneration as is prescribed by by-law of the Commission.
Travel expenses
(3) Each member of the Commission is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as are prescribed by by-law of the Commission. [1976-77, c.33, s.24.]

Officers and Staff

Chief Commissioner
31. (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the Commission and its staff and shall preside at meetings of the Commission.
Absence or incapacity
(2) In the event of the absence or incapacity of the Chief Commissioner, or if that office is vacant, the Deputy Chief Commissioner has all the powers and may perform all the duties and functions of the Chief Commissioner.
Idem
(3) In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner, or if those offices are vacant, the full-time member with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner. [1976-77, c.33, s.25.]

Staff
32. (1) Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act. Contractual assistance
(2) The Commission may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act, and those persons may be paid such remuneration and expenses as may be prescribed by by-law of the Commission. [1976-77, c.33, s.26.]

Compliance with security requirements
33. (1) Every member of the Commission and every person employed by the Commission who is required to receive or obtain information relating to any investigation under this Act shall, with respect to access to and the use of such information, comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, individuals who normally have access to and use of such information.
Disclosure
(2) Every member of the Commission and every person employed by the Commission shall take every reasonable precaution to avoid disclosing any matter the disclosure of which
(a) might be injurious to international relations, national defence or security or federal- provincial relations;
(b) would disclose a confidence of the Queen's Privy Council for Canada;
(c) would be likely to disclose information obtained or prepared by any investigative body of the Government of Canada
(i) in relation to national security,
(ii) in the course of investigations pertaining to the detection or suppression of crime generally, or
(iii) in the course of investigations pertaining to particular offences against any Act of Parliament;
(d) might, in respect of any individual under sentence for an offence against any Act of Parliament,
(i) lead to a serious disruption of that individual's institutional, parole or mandatory supervision program,
(ii) reveal information originally obtained on a promise of confidentiality, express or implied, or
(iii) result in physical or other harm to that individual or any other person;
(e) might impede the functioning of a court of law, or a quasi-judicial board, commission or other tribunal or any inquiry established under the Inquiries Act; or
(f) might disclose legal opinions or advice provided to a government department or body or privileged communications between lawyer and client in a matter of government business. [1976-77, c. 33, s. 27.]

Head office
34. (1) The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act.
Other offices
(2) The Commission may establish such regional or branch offices, not exceeding twelve, as it considers necessary to carry out its powers, duties and functions under this Act.
Meetings
(3) The Commission may meet for the conduct of its affairs at such times and in such places as the Chief Commissioner considers necessary or desirable. [1976-77, c.33, s.28.]

Majority is a decision of the Commission
35. A decision of the majority of the members present at a meeting of the Commission, if the members present constitute a quorum, is a decision of the Commission. [1976-77, c.33, s.28.]

Establishment of divisions
36. (1) For the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission, except the making of by-laws, may, as directed by the Commission, be exercised or performed by all or any of those divisions.
Designation of presiding officer
(2) Where a division of the Commission has been established pursuant to subsection (1), the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division. [1976-77, c.33, s.28.]

By-laws
37. (1) The Commission may make by-laws for the conduct of its affairs and, without limiting the generality of the foregoing, may make by-laws
(a) respecting the calling of meetings of the Commission or any division thereof and the fixing of quorums for the purposes of those meetings;
(b) respecting the conduct of business at meetings of the Commission or any division thereof;
(c) respecting the establishment of committees of the Commission, the delegation of powers, duties and functions to those committees and the fixing of quorums for meetings thereof;
(d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in the Yukon Territory or the Northwest Territories;
(e) prescribing the rates of remuneration to be paid to part- time members, members of a Human Rights Tribunal and any person engaged pursuant to subsection 32(2); and
(f) prescribing reasonable rates of travel and living expenses to be paid to members of the Commission, members of a Human Rights Tribunal and any person engaged pursuant to subsection 32(2).
Treasury Board approval
(2) No by-law made under paragraph (1)(e) or (f) has effect unless it is approved by the Treasury Board. [1976-77, c.33, s.29.]

Superannuation, etc.
38. The full-time members of the Commission are deemed to be persons employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. [1976-77, c.33, s.30.]

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