Section 49 Canadian Human Rights Act 1985

31 Oct, 2022 Canada 0 Comments 0

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 [Repealed, 2013, c. 37, s. 2] 14.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Remedial and disciplinary measures. 48.4 Status of members. 48.5 Residence. 48.6 Remuneration. 48.7 Head office. 48.8 [Repealed, 2014, c. 20, s. 415] 48.9 Conduct of proceedings. 49.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 [Repealed, 1998, c. 9, s. 29] 57.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 49 Canadian Human Rights Act

Section 49 Canadian Human Rights Act 1985 is about Request for inquiry. It is under Inquiries into Complaints of Part III (Discriminatory Practices and General Provisions) of the Act.

Request for inquiry

(1) At any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard to all the circumstances of the complaint, an inquiry is warranted.

Chairperson to institute inquiry

(2) On receipt of a request, the Chairperson shall institute an inquiry by assigning a member of the Tribunal to inquire into the complaint, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the complaint requires the inquiry to be conducted by three members.

Chair of panel

(3) If a panel of three members has been assigned to inquire into the complaint, the Chairperson shall designate one of them to chair the inquiry, but the Chairperson shall chair the inquiry if he or she is a member of the panel.

Copy of rules to parties

(4) The Chairperson shall make a copy of the rules of procedure available to each party to the complaint.

Qualification of member

(5) If the complaint involves a question about whether another Act or a regulation made under another Act is inconsistent with this Act or a regulation made under it, the member assigned to inquire into the complaint or, if three members have been assigned, the member chairing the inquiry, must be a member of the bar of a province or the Chambre des notaires du Québec.

Question raised subsequently

(6) If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated.

See also:

– Section 48.9 Canadian Human Rights Act (Conduct of proceedings)

– Section 48.7 Canadian Human Rights Act (Head office)