Section 40.2 Canadian Human Rights Act 1985

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OTHER CANADIAN LAWS 1. Short title. 2. Purpose. 3. Prohibited grounds of discrimination. 3.1 Multiple grounds of discrimination. 4. Orders regarding discriminatory practices. 5. Denial of good, service, facility or accommodation. 6. Denial of commercial premises or residential accommodation. 7. Employment. 8. Employment applications, advertisements. 9. Employee organizations. 10. Discriminatory policy or practice. 11. Equal wages. 12. Publication of discriminatory notices, etc. 13. [Repealed, 2013, c. 37, s. 2] 14. Harassment. 14.1 Retaliation. 15. Exceptions. 16. Special programs. 17. Plans to meet the needs of disabled persons. 18. Rescinding approval of plan. 19. Opportunity to make representations. 20. Certain provisions not discriminatory. 21. Funds and plans. 22. Regulations. 23. Regulations. 24. Accessibility standards. 25. Definitions. 26. Commission established. 27. Powers, duties and functions. 28. Assignment of duties. 28.1 Convention on the Rights of Persons with Disabilities. 29. Regulations. 30. Salaries and remuneration. 31. Chief Commissioner. 32. Staff. 32.1 Accessibility unit. 32.2 Pay Equity Unit. 33. Compliance with security requirements. 34. Head office. 35. Majority is a decision of the Commission. 36. Establishment of divisions. 36.1 Pay Equity Division. 37. By-laws. 38. Superannuation, etc. 38.1. Powers, duties and functions. 38.2. Absence or incapacity of Accessibility Commissioner. 38.3. Powers, duties and functions. 38.4 Absence or incapacity of Pay Equity Commissioner. 39. Definition of discriminatory practice. 40. Complaints. 40.01. Disclosure of personal information. 40.1 Definitions. 40.2 Non-application of sections 7, 10 and 11. 41. Commission to deal with complaint. 42. Notice. 43. Designation of investigator. 44. Report. 45. Definition of Review Agency. 46. Report. 47. Appointment of conciliator. 48. Referral of a settlement to Commission. 48.1 Establishment of Tribunal. 48.2 Terms of office. 48.3 Remedial and disciplinary measures. 48.4 Status of members. 48.5 Residence. 48.6 Remuneration. 48.7 Head office. 48.8 [Repealed, 2014, c. 20, s. 415] 48.9 Conduct of proceedings. 49. Request for inquiry. 50. Conduct of inquiry. 51. Duty of Commission on appearing. 52. Hearing in public subject to confidentiality order. 53. Complaint dismissed. 54. Limitation. 54.1. Definitions. 55. and 56. [Repealed, 1998, c. 9, s. 29] 57. Enforcement of order. 58. Application respecting disclosure of information. 59. Intimidation or discrimination. 60. Offence. 61. Annual report of Commission. 61.1 Minister of Justice. 62. Limitation. 63. Application in the territories. 64. Canadian Forces and Royal Canadian Mounted Police. 65. Acts of employees, etc. 66. Binding on Her Majesty 67. [Repealed, 2008, c. 30, s. 1]

Section 40.2 Canadian Human Rights Act

Section 40.2 Canadian Human Rights Act 1985 is about Non-application of sections 7, 10 and 11. It is under Part III (Discriminatory Practices and General Provisions) of the Act.

Non-application of sections 7, 10 and 11

(1) The Commission does not have jurisdiction to deal with complaints made by an employee, as defined in subsection 3(1) of the Pay Equity Act, against an employer that is subject to that Act, alleging that

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(a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees who are performing work of equal value; or
(b) the employer has engaged in a discriminatory practice referred to in section 11.

Parliamentary employees

(2) The Commission does not have jurisdiction to deal with complaints made by an employee, within the meaning of section 86.1 of the Parliamentary Employment and Staff Relations Act, against an employer, within the meaning of that same section, alleging that the employer has engaged in a discriminatory practice referred to in subsection (1).

See also:

– Section 40.1 Canadian Human Rights Act

– Section 40.01 Canadian Human Rights Act

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