Bill S-5

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Certain provisions not discrimi- natory	20. A provision of a pension or insurance fund or plan that preserves rights acquired before March 1, 1978 or that preserves pension or other benefits accrued before that day does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
Funds and plans	21. The establishment of separate pension funds or plans for different groups of employees does not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice if the employees are not grouped in those funds or plans according to a prohibited ground of discrimination.
Regulations	22. The Governor in Council may, by regulation, prescribe the provisions of any pension or insurance fund or plan, in addition to the provisions described in sections 20 and 21, that do not constitute the basis for a complaint under Part III that an employer, employee organization or employer organization is engaging or has engaged in a discriminatory practice.
	18. Paragraph 23(a) of the Act is replaced by the following:
	(a) the prohibition of discriminatory practices described in sections 5 to 14.1; and
	19. Section 25 of the Act is amended by adding the following in alphabetical order:
``employee organization'' « organisa- tion syndicale »	``employee organization'' includes a trade union or other organization of employees or a local, the purposes of which include the negotiation of terms and conditions of employment on behalf of employees;
``employer organization'' « organisa- tion patronale »	``employer organization'' means an organization of employers the purposes of which include the regulation of relations between employers and employees;
``employment '' « emploi »	``employment'' includes a contractual relationship with an individual for the provision of services personally by the individual;
``Tribunal'' « Tribunal »	``Tribunal'' means the Canadian Human Rights Tribunal established by section 48.1.
	20. (1) Paragraph 27(1)(h) of the Act is replaced by the following:
	(h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1.
	(2) Subsection 27(3) of the Act is replaced by the following:
Guideline binding	(3) A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline.
	21. Paragraphs 37(1)(e) and (f) of the Act are replaced by the following:
	(e) prescribing the rates of remuneration to be paid to part-time members of the Commission and any person engaged under subsection 32(2); and
	(f) prescribing reasonable rates of travel and living expenses to be paid to members of the Commission and any person engaged under subsection 32(2).
	22. Section 39 of the Act is replaced by the following:
Definition of ``discrimi- natory practice''	39. For the purposes of this Part, a ``discriminatory practice'' means any practice that is a discriminatory practice within the meaning of sections 5 to 14.1.
R.S., c. 31 (1st Supp.), s. 62	23. (1) Subsection 40(4) of the Act is replaced by the following:
Complaints may be dealt with together	(4) If complaints are filed jointly or separately by more than one individual or group alleging that a particular person is engaging or has engaged in a discriminatory practice or a series of similar discriminatory practices and the Commission is satisfied that the complaints involve substantially the same issues of fact and law, it may deal with the complaints together under this Part and may request the Chairperson of the Tri-bunal to institute a single inquiry into the complaints under section 49.
	(2) Paragraph 40(5)(b) of the Act is replaced by the following:
	(b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10, 12 or 13 in respect of which no particular individual is identifiable as the victim; or
R.S., c. 31 (1st Supp.), s. 64	24. The portion of paragraph 44(3)(a) of the Act before subparagraph (i) is replaced by the following:
	(a) may request the Chairperson of the Tribunal to institute an inquiry under section 49 into the complaint to which the report relates if the Commission is satisfied
	25. The portion of subsection 45(2) of the Act before paragraph (a) is replaced by the following:
Complaint involving security considera- tions	(2) When, at any stage after the filing of a complaint and before the commencement of a hearing before a member or panel in respect of the complaint, the Commission receives written notice from a minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may
	26. Section 48 of the Act is amended by adding the following after subsection (2):
Enforcement of settlement	(3) A settlement approved under this section may, for the purpose of enforcement, be made an order of the Federal Court on application to that Court by the Commission or a party to the settlement.
R.S., c. 31 (1st Supp.), ss. 65 and 66	27. The heading before section 48.1 and sections 48.1 to 53 of the Act are replaced by the following:
	Canadian Human Rights Tribunal
Establish- ment of Tribunal	48.1 (1) There is hereby established a tribunal to be known as the Canadian Human Rights Tribunal consisting, subject to subsection (6), of a maximum of fifteen members, including a Chairperson and a Vice-chairperson, as may be appointed by the Governor in Council.
Qualifica- tions for appointment of members	(2) Persons appointed as members of the Tribunal must have experience, expertise and interest in, and sensitivity to, human rights.
Legal qualifications	(3) The Chairperson, Vice-chairperson and at least two of the other members of the Tribunal must be members of the bar of a province or the Chambre des notaires du Québec, and the Chairperson and Vice-chairperson must have been members of the bar or the Chambre des notaires du Québec for at least ten years.
Regional represen- tation	(4) Appointments are to be made having regard to the need for regional representation in the membership of the Tribunal.
Appointment of temporary members - incapacity	(5) If a member is absent or incapacitated, the Governor in Council may, despite subsection (1), appoint a temporary substitute member to act during the absence or incapacity.
Appointment of temporary members - workload	(6) The Governor in Council may appoint temporary members to the Tribunal for a term of not more than three years whenever, in the opinion of the Governor in Council, the workload of the Tribunal so requires.
Terms of office	48.2 (1) The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3.
Acting after expiration of appointment	(2) A member whose appointment expires may, with the approval of the Chairperson, conclude any inquiry that the member has begun, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.3, 48.6, 50 and 52 to 58.
Reappoint- ment	(3) The Chairperson, Vice-chairperson or any other member whose term has expired is eligible for reappointment in the same or any other capacity.
Remedial and disciplinary measures	48.3 (1) The Chairperson of the Tribunal may request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures for any reason set out in paragraphs (13)(a) to (d).
Measures	(2) On receipt of the request, the Minister may take one or more of the following measures:
	(a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;
	(b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;
	(c) request of the Governor in Council that an inquiry be held under subsection (3); or
	(d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.
Appointment of inquirer	(3) On receipt of a request referred to in paragraph (2)(c), the Governor in Council may, on the recommendation of the Minister, appoint a judge of a superior court to conduct the inquiry.
Powers	(4) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to
	(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
	(b) administer oaths and examine any person on oath.
Staff	(5) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, and may establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
Inquiry in public	(6) Subject to subsections (7) and (8), an inquiry shall be conducted in public.
Confiden- tiality of inquiry	(7) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that
	(a) there is a real and substantial risk that matters involving public security will be disclosed;
	(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
	(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
Confiden- tiality of application	(8) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (7).
Rules of evidence	(9) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.
Intervenors	(10) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.
Right to be heard	(11) The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.
Report to Minister	(12) After an inquiry has been completed, the judge shall submit a report containing the judge's findings and recommendations, if any, to the Minister.
Recommen- dations	(13) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge's opinion, the member
	(a) has become incapacitated from the proper execution of that office by reason of infirmity;
	(b) has been guilty of misconduct;
	(c) has failed in the proper execution of that office; or
	(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.
Transmission of report to Governor in Council	(14) When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.
Status of members	48.4 (1) The Chairperson and Vice-chairperson are to be appointed as full-time members of the Tribunal, and the other members are to be appointed as either full-time or part-time members.
Functions of Chairperson	(2) The Chairperson is the chief executive officer of the Tribunal and has supervision over and direction of its work, including the allocation of work among the members and the management of the Tribunal's internal affairs.
Functions of Vice- chairperson	(3) The Vice-chairperson shall assist the Chairperson and shall perform the functions of the Chairperson if the Chairperson is absent or unable to act or the office of Chairperson is vacant.
Acting Chairperson	(4) The Governor in Council may authorize a member of the Tribunal to perform the functions of the Chairperson on a temporary basis if the Chairperson and Vice-chairperson are absent or unable to act or if both of those offices are vacant.
Residence	48.5 The full-time members of the Tribunal shall reside in the National Capital Region, as described in the schedule to the National Capital Act, or within forty kilometres of that Region.
Remunera- tion	48.6 (1) The members of the Tribunal shall be paid such remuneration as may be fixed by the Governor in Council.
Travel expenses	(2) Members are entitled to be paid travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by the Treasury Board directives for employees of the Government of Canada.
Deemed employment in public service of Canada	(3) Members are deemed 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.
Head office	48.7 The head office of the Tribunal shall be in the National Capital Region, as described in the schedule to the National Capital Act.
Registrar and other staff	48.8 (1) The registrar and the other officers and employees necessary for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.
Technical experts	(2) The Chairperson may engage persons having technical or special knowledge to assist or advise members of the Tribunal in any matter and may, with the approval of the Treasury Board, fix their remuneration and reimburse their expenses in the same manner as the expenses of members of the Tribunal are reimbursed.
Conduct of proceedings	48.9 (1) Proceedings before the Tribunal shall be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.
Tribunal rules of procedure	(2) The Chairperson may make rules of procedure governing the practice and procedure before the Tribunal, including, but not limited to, rules governing
	(a) the giving of notices to parties;
	(b) the addition of parties and interested persons to the proceedings;
	(c) the summoning of witnesses;

Bill S-5

Canadian Human Rights Tribunal