Bill S-5
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Minister Responsible |
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| Minister of
Justice
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61.1 The Minister of Justice is responsible
for this Act, and the powers of the Governor in
Council to make regulations under this Act,
with the exception of section 29, are
exercisable on the recommendation of that
Minister.
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PART 3 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE |
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Transitional Provisions |
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| Definition of
``commence- ment day''
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33. (1) In this section, ``commencement
day'' means the day on which this section
comes into force.
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| Members
cease to hold
office
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(2) Subject to subsections (3), (4) and (5),
the members of the Human Rights Tribunal
Panel cease to hold office on the
commencement day.
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| Continuing
jurisdiction of
Human Rights
Tribunal
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(3) The members of any Human Rights
Tribunal appointed under the Canadian
Human Rights Act before the
commencement day have jurisdiction with
respect to any inquiry into the complaint in
respect of which the Human Rights
Tribunal was appointed.
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| Continuing
jurisdiction of
Review
Tribunal
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(4) The members of any Review Tribunal
constituted under the Canadian Human
Rights Act before the commencement day
have jurisdiction with respect to any appeal
against a decision or order of a Human
Rights Tribunal.
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| Continuing
jurisdiction of
Employment
Equity
Review
Tribunal
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(5) The members of any Employment
Equity Review Tribunal established under
section 28 or 39 of the Employment Equity
Act before the commencement day have
jurisdiction over any matter in respect of
which the Tribunal was established.
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| Supervision
by
Chairperson
of Canadian
Human Rights
Tribunal
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(6) The Chairperson of the Canadian
Human Rights Tribunal has supervision
over and direction of the work of any
Human Rights Tribunal, Review Tribunal
or Employment Equity Review Tribunal
referred to in subsection (3), (4) or (5).
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| Remunera- tion
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(7) Each member of a Human Rights
Tribunal, Review Tribunal or Employment
Equity Review Tribunal referred to in
subsection (3), (4) or (5), other than such a
member who is appointed as a full-time
member of the Canadian Human Rights
Tribunal, shall be paid such remuneration
as may be fixed by the Governor in Council.
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| Travel
expenses
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(8) Each member of a Human Rights
Tribunal, Review Tribunal or Employment
Equity Review Tribunal referred to in
subsection (3), (4) or (5) is entitled to be paid
travel and living expenses incurred in
carrying out duties as a member of that
Tribunal while absent from their place of
residence, but the expenses must not exceed
the maximum limits authorized by
Treasury Board directive for employees of
the Government of Canada.
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| Commission
employees
serving the
Human Rights
Tribunal
Panel
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34. (1) This Act does not affect the status
of an employee who, immediately before the
coming into force of this subsection,
occupied a position in the Canadian Human
Rights Commission and performed services
on a full-time basis for the Human Rights
Tribunal Panel, except that the employee
shall, on the coming into force of this
subsection, occupy that position in the
Canadian Human Rights Tribunal.
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| Definition of
``employee''
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(2) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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Consequential Amendments |
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| R.S., c. A-1
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Access to Information Act
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| SOR/96-538
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35. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
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Human Rights Tribunal Panel
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36. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Canadian Human Rights Tribunal
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| 1995, c. 44
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Employment Equity Act
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37. (1) The definition ``Panel'' in section
3 of the Employment Equity Act is repealed.
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(2) Section 3 of the Act is amended by
adding the following in alphabetical order:
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| ``Chair- person'' « prési- dent »
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``Chairperson'' means the chairperson of the
Canadian Human Rights Tribunal;
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38. Subsections 27(1) and (2) of the Act
are replaced by the following:
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| Employer's
request for
review
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27. (1) An employer to whom a direction is
issued under subsection 25(2) or (3) or 26(1)
may make a request to the Chairperson for a
review of the direction
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| Commission
may apply
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(2) If the Commission is of the opinion that
an employer has failed to comply with a
direction issued by the Commission, the
Commission may apply to the Chairperson for
an order confirming the direction.
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39. (1) Subsections 28(1) to (7) of the Act
are replaced by the following:
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| Establish- ment of Tribunals
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28. (1) If an employer makes a request
under subsection 27(1) or the Commission
makes an application under subsection 27(2),
the Chairperson shall establish an
Employment Equity Review Tribunal to
consider the request or application.
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| Composition
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(2) The Chairperson shall appoint a
Tribunal consisting of one member of the
Canadian Human Rights Tribunal, but the
Chairperson may appoint a Tribunal of three
members if the Chairperson considers that the
complexity or precedential significance of the
request or application requires a Tribunal of
three members.
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| Qualifica- tions of members
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(3) The Chairperson shall, in appointing
members of the Tribunal, take into
consideration their knowledge and experience
in employment equity matters.
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| Presiding
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(4) If a Tribunal consists of more than one
member, the Chairperson shall designate one
of the members to preside over the hearings of
the Tribunal.
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| Remunera- tion
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(5) The members of a Tribunal shall be paid
such remuneration as may be provided for
under subsection 48.6(1) of the Canadian
Human Rights Act.
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| Travel
expenses
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(6) Members are entitled to be paid any
travel and living expenses incurred in carrying
out duties as members of the Tribunal while
absent from their ordinary place of residence
that may be provided for under subsection
48.6(2) of the Canadian Human Rights Act.
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| Technical
experts
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(7) The Chairperson may engage and,
subject to the approval of the Treasury Board,
fix the remuneration of persons having
technical or special knowledge to assist or
advise a Tribunal in any matter.
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(2) Subsection 28(9) of the Act is replaced
by the following:
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| Rules
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(9) The Chairperson may make rules
governing the practice and procedure of
Tribunals.
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40. Subsections 38(2) and (3) of the Act
are replaced by the following:
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| Copy of
application
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(2) If the Minister receives a written
application, the Minister shall send a copy of
it to the Chairperson.
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| Copy of
notice of
assessment
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(3) If an employer who is issued a notice of
assessment of a monetary penalty fails to
exercise one of the options set out in
subsection (1) within the period referred to in
that subsection, the Minister shall send a copy
of the notice to the Chairperson.
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41. The portion of subsection 39(1) of the
Act before paragraph (a) is replaced by the
following:
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| Review by
Tribunal
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39. (1) On receipt of a copy of a written
application or a copy of a notice of
assessment, the Chairperson shall establish a
Tribunal consisting of one member selected
from the Canadian Human Rights Tribunal to
review the assessment and shall
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| R.S., c. F-11
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Financial Administration Act
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| SOR/96-537
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42. Schedule I.1 to the Financial
Administration Act is amended by striking
out, in column I, the reference to
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Human Rights Tribunal Panel
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and the corresponding reference in column
II to the ``Minister of Justice''.
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43. Schedule I.1 to the Act is amended by
adding, in alphabetical order in column I, a
reference to
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Canadian Human Rights Tribunal
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and a corresponding reference in column II
to the ``Minister of Justice''.
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| R.S., c. P-21
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Privacy Act
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| SOR/96-539
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44. The schedule to the Privacy Act is
amended by striking out the following
under the heading ``Other Government
Institutions'':
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Human Rights Tribunal Panel
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45. The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Canadian Human Rights Tribunal
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| 1991, c. 30
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Public Sector Compensation Act
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| SOR/96-541
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46. Schedule I to the Public Sector
Compensation Act is amended by striking
out the following under the heading ``Other
Portions of the Public Service'':
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Human Rights Tribunal Panel
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47. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Portions of the
Public Service'':
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Canadian Human Rights Tribunal
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| R.S., c. P-35
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Public Service Staff Relations Act
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| SOR/96-540
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48. Part I of Schedule I to the Public
Service Staff Relations Act is amended by
striking out the following:
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Human Rights Tribunal Panel
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49. Part I of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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Canadian Human Rights Tribunal
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| R.S., c. P-36
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Public Service Superannuation Act
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50. Part II of Schedule I to the Public
Service Superannuation Act is amended by
adding the following in alphabetical order:
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Canadian Human Rights Tribunal
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