Section 43 Canadian Human Rights Act

Section 43 Canadian Human Rights Act 1985 is about Designation of investigator. It is under Part III (Discriminatory Practices and General Provisions) and ‘Investigation‘ of the Act.

Designation of investigator

(1) The Commission may designate a person, in this Part referred to as an “investigator”, to investigate a complaint.

Manner of investigation

(2) An investigator shall investigate a complaint in a manner authorized by regulations made pursuant to subsection (4).

Power to enter

(2.1) Subject to such limitations as the Governor in Council may prescribe in the interests of national defence or security, an investigator with a warrant issued under subsection (2.2) may, at any reasonable time, enter and search any premises in order to carry out such inquiries as are reasonably necessary for the investigation of a complaint.

Authority to issue warrant

(2.2) Where on ex parte application a judge of the Federal Court is satisfied by information on oath that there are reasonable grounds to believe that there is in any premises any evidence relevant to the investigation of a complaint, the judge may issue a warrant under the judge’s hand authorizing the investigator named therein to enter and search those premises for any such evidence subject to such conditions as may be specified in the warrant.

Use of force

(2.3) In executing a warrant issued under subsection (2.2), the investigator named therein shall not use force unless the investigator is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Production of books

(2.4) An investigator may require any individual found in any premises entered pursuant to this section to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents containing any matter relevant to the investigation being conducted by the investigator.

Obstruction

(3) No person shall obstruct an investigator in the investigation of a complaint.

Regulations

(4) The Governor in Council may make regulations

(a) prescribing procedures to be followed by investigators;
(b) authorizing the manner in which complaints are to be investigated pursuant to this Part; and
(c) prescribing limitations for the purpose of subsection (2.1).

See also:

– Section 42 Canadian Human Rights Act (Notice)

– Section 41 Canadian Human Rights Act (Commission to deal with complaint)