Minister Responsible

Minister of Justice

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.

PART 3

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

Definition of ``commence-
ment day''

33. (1) In this section, ``commencement day'' means the day on which this section comes into force.

Members cease to hold office

(2) Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day.

Continuing jurisdiction of Human Rights Tribunal

(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.

Continuing jurisdiction of Review Tribunal

(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.

Continuing jurisdiction of Employment Equity Review Tribunal

(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.

Supervision by Chairperson of Canadian Human Rights Tribunal

(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).

Remunera-
tion

(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.

Travel expenses

(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.

Commission employees serving the Human Rights Tribunal Panel

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.

Definition of ``employee''

(2) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Consequential Amendments

R.S., c. A-1

Access to Information Act

SOR/96-538

35. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Human Rights Tribunal Panel

    Comité du tribunal des droits de la personne

36. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

1995, c. 44

Employment Equity Act

37. (1) The definition ``Panel'' in section 3 of the Employment Equity Act is repealed.

(2) Section 3 of the Act is amended by adding the following in alphabetical order:

``Chair-
person''
« prési-
dent »

``Chairperson'' means the chairperson of the Canadian Human Rights Tribunal;

38. Subsections 27(1) and (2) of the Act are replaced by the following:

Employer's request for review

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

    (a) in the case of a direction issued under subsection 25(2) or (3), within sixty days after the day on which it is issued; and

    (b) in the case of a direction issued under subsection 26(1), within thirty days after the day on which it is issued.

Commission may apply

(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.

39. (1) Subsections 28(1) to (7) of the Act are replaced by the following:

Establish-
ment of Tribunals

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.

Composition

(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.

Qualifica-
tions of members

(3) The Chairperson shall, in appointing members of the Tribunal, take into consideration their knowledge and experience in employment equity matters.

Presiding

(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.

Acting after expiration of appointment

(4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of section 48.3 of the Canadian Human Rights Act.

Remunera-
tion

(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.

Travel expenses

(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.

Technical experts

(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.

(2) Subsection 28(9) of the Act is replaced by the following:

Rules

(9) The Chairperson may make rules governing the practice and procedure of Tribunals.

40. Subsections 38(2) and (3) of the Act are replaced by the following:

Copy of application

(2) If the Minister receives a written application, the Minister shall send a copy of it to the Chairperson.

Copy of notice of assessment

(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.

41. The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:

Review by Tribunal

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

R.S., c. F-11

Financial Administration Act

SOR/96-537

42. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Human Rights Tribunal Panel

    Comité du tribunal des droits de la personne

and the corresponding reference in column II to the ``Minister of Justice''.

43. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

and a corresponding reference in column II to the ``Minister of Justice''.

R.S., c. P-21

Privacy Act

SOR/96-539

44. The schedule to the Privacy Act is amended by striking out the following under the heading ``Other Government Institutions'':

Human Rights Tribunal Panel

    Comité du tribunal des droits de la personne

45. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

1991, c. 30

Public Sector Compensation Act

SOR/96-541

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'':

Human Rights Tribunal Panel

    Comité du tribunal des droits de la personne

47. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Portions of the Public Service'':

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

R.S., c. P-35

Public Service Staff Relations Act

SOR/96-540

48. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

Human Rights Tribunal Panel

    Comité du tribunal des droits de la personne

49. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

R.S., c. P-36

Public Service Superannuation Act

50. Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne