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Home » Canada » Section 43 Canadian Human Rights Act 1985

Section 43 Canadian Human Rights Act 1985

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 [Repealed, 2013, c. 37, s. 2] 14.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Remedial and disciplinary measures. 48.4 Status of members. 48.5 Residence. 48.6 Remuneration. 48.7 Head office. 48.8 [Repealed, 2014, c. 20, s. 415] 48.9 Conduct of proceedings. 49.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 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.

See also  Section 5 Constitution Act 1982 (Charter of Rights and Freedoms)

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.

See also  Section 48.2 Canadian Human Rights Act 1985

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)

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