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Publication of
proposed
rules
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(3) Subject to subsection (4), a copy of each
rule that the Tribunal proposes to make shall
be published in the Canada Gazette and a
reasonable opportunity shall be given to
interested persons to make representations
with respect to it.
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Exception
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(4) A proposed rule need not be published
more than once, whether or not it has been
amended as a result of any representations.
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Inquiries into Complaints |
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Request for
inquiry
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49. (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.
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Chairperson
to institute
inquiry
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(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.
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Chair of panel
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(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.
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Copy of rules
to parties
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(4) The Chairperson shall make a copy of
the rules of procedure available to each party
to the complaint.
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Qualification
of member
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(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.
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Question
raised
subsequently
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(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.
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Conduct of
inquiry
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50. (1) After due notice to the Commission,
the complainant, the person against whom the
complaint was made and, at the discretion of
the member or panel conducting the inquiry,
any other interested party, the member or
panel shall inquire into the complaint and
shall give all parties to whom notice has been
given a full and ample opportunity, in person
or through counsel, to appear at the inquiry,
present evidence and make representations.
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Power to
determine
questions of
law or fact
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(2) In the course of hearing and determining
any matter under inquiry, the member or panel
may decide all questions of law or fact
necessary to determining the matter.
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Additional
powers
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(3) In relation to a hearing of the inquiry, the
member or panel may
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Limitation in
relation to
evidence
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(4) The member or panel may not admit or
accept as evidence anything that would be
inadmissible in a court by reason of any
privilege under the law of evidence.
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Conciliators
as witnesses
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(5) A conciliator appointed to settle the
complaint is not a competent or compellable
witness at the hearing.
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Witness fees
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(6) Any person summoned to attend the
hearing is entitled in the discretion of the
member or panel to receive the same fees and
allowances as those paid to persons
summoned to attend before the Federal Court.
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Duty of
Commission
on appearing
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51. In appearing at a hearing, presenting
evidence and making representations, the
Commission shall adopt such position as, in its
opinion, is in the public interest having regard
to the nature of the complaint.
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Hearing in
public subject
to
confidentiality
order
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52. (1) An inquiry shall be conducted in
public, but the member or panel conducting
the inquiry may, on application, take any
measures and make any order that the member
or panel considers necessary to ensure the
confidentiality of the inquiry if the member or
panel is satisfied, during the inquiry or as a
result of the inquiry being conducted in
public, that
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Confidentialit
y of
application
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(2) If the member or panel considers it
appropriate, the member or panel may take
any measures and make any order that the
member or panel considers necessary to
ensure the confidentiality of a hearing held in
respect of an application under subsection (1).
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Complaint
dismissed
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53. (1) At the conclusion of an inquiry, the
member or panel conducting the inquiry shall
dismiss the complaint if the member or panel
finds that the complaint is not substantiated.
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Complaint
substantiated
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(2) If at the conclusion of the inquiry the
member or panel finds that the complaint is
substantiated, the member or panel may,
subject to section 54, make an order against
the person found to be engaging or to have
engaged in the discriminatory practice and
include in the order any of the following terms
that the member or panel considers
appropriate:
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Special
compensation
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(3) In addition to any order under
subsection (2), the member or panel may order
the person to pay such compensation not
exceeding twenty thousand dollars to the
victim as the member or panel may determine
if the member or panel finds that the person is
engaging or has engaged in the discriminatory
practice wilfully or recklessly.
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Interest
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(4) Subject to the rules made under section
48.9, an order to pay compensation under this
section may include an award of interest at a
rate and for a period that the member or panel
considers appropriate.
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28. Subsection 54(1) of the Act is replaced
by the following:
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Orders
relating to
hate messages
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54. (1) If a member or panel finds that a
complaint related to a discriminatory practice
described in section 13 is substantiated, the
member or panel may make only one or more
of the following orders:
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Factors
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(1.1) In deciding whether to order the
person to pay the penalty, the member or panel
shall take into account the following factors:
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R.S., c. 31 (1st
Supp.), s. 67
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29. Sections 55 to 57 of the Act are
replaced by the following:
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Enforcement
of order
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57. An order under section 53 or 54 may, for
the purpose of enforcement, be made an order
of the Federal Court by following the usual
practice and procedure or by the Commission
filing in the Registry of the Court a copy of the
order certified to be a true copy.
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30. Subsection 58(1) of the Act is replaced
by the following:
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Application
respecting
disclosure of
information
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58. (1) If an investigator or a member or
panel of the Tribunal requires the disclosure of
any information and a minister of the Crown
or any other interested person objects to its
disclosure, the Commission may apply to the
Federal Court for a determination of the
matter.
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31. (1) Paragraph 60(1)(a) of the Act is
repealed.
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(2) Paragraph 60(1)(b) of the Act is
replaced by the following:
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(3) Subsection 60(2) of the Act is replaced
by the following:
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Punishment
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(2) A person who is guilty of an offence
under subsection (1) is liable on summary
conviction to a fine not exceeding $50,000.
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(4) Subsection 60(3) of the English ver
sion of the Act is replaced by the following:
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Prosecution of
employer or
employee
organization
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(3) A prosecution for an offence under this
section may be brought against an employer
organization or employee organization and in
the name of the organization and, for the
purpose of the prosecution, the organization is
deemed to be a person and any act or thing
done or omitted by an officer or agent of the
organization within the scope of their
authority to act on behalf of the organization
is deemed to be an act or thing done or omitted
by the organization.
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(5) Subsection 60(5) of the Act is replaced
by the following:
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Limitation
period
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(5) A prosecution for an offence under this
section may not be instituted more than one
year after the subject-matter of the
proceedings arose.
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32. Section 61 of the Act is replaced by the
following:
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Annual report
of
Commission
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61. (1) The Commission shall, within three
months after December 31 in each year,
prepare and submit to Parliament a report on
the activities of the Commission under this
Part and Part II for that year, including
references to and comments on any matter
referred to in paragraph 27(1)(e) or (g) that it
considers appropriate.
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Special
reports
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(2) The Commission may, at any time,
prepare and submit to Parliament a special
report referring to and commenting on any
matter within the scope of its powers, duties
and functions if, in its opinion, the matter is of
such urgency or importance that a report on it
should not be deferred until the time provided
for submission of its next annual report under
subsection (1).
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Annual report
of Tribunal
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(3) The Tribunal shall, within three months
after December 31 in each year, prepare and
submit to Parliament a report on its activities
under this Act for that year.
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Transmission
of report
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(4) Every report under this section shall be
submitted by being transmitted to the Speaker
of the Senate and to the Speaker of the House
of Commons for tabling in those Houses.
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