Bill C-98

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First Reading

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	Consequential Amendments
R.S., c. A-1	Access to Information Act
SOR/96-538	*34. 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
	*35. 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
	36. *(1) The definition ``Panel'' in section 3 of the Employment Equity Act* is repealed.**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:
``Chairperson' ' « président »	``Chairperson'' means the chairperson of the Canadian Human Rights Tribunal;
	37. 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.
	38. (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.
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.
	39. 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 .
	40. 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	*41. 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''.
	42. 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	*43. 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
	*44. 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	*45. 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
	*46. 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	*47. 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
	48. 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
	*49. 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
	Conditional Amendments
Bill C-27	50. If Bill C-27, introduced in the second session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation), is assented to, then, on the later of the day on which section 7 of that Act comes into force and the day on which section 7 of this Act comes into force, subsection 715.2(1) of the Criminal Code is replaced by the following:
Evidence of complainant	715.2 (1) In any proceeding relating to an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 in which the complainant or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a videotape, made within a reasonable time after the alleged offence, in which the complainant or witness describes the acts complained of is admissible in evidence if the complainant or witness adopts the contents of the videotape while testifying.
Bill C-46	51. If Bill C-46, introduced in the second session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (production of records in sexual offence proceedings), is assented to, then, on the coming into force of that Act, paragraph 278.2(1)(a) of the Criminal Code is replaced by the following:
	(a) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 or 273,
Bill C-49	52. If Bill C-49, introduced in the second session of the thirty-fifth Parliament and entitled An Act to authorize remedial and disciplinary measures in relation to members of certain administrative tribunals, to reorganize and dissolve certain federal agencies and to make consequential amendments to other Acts, is assented to, then
	(a) on the later of the day on which sections 5 to 14 of that Act come into force and the day on which section 26 of this Act comes into force,
	*(i) subsections 48.2(1) and (2) of the Canadian Human Rights Act, as enacted by section 26 of this Act, are replaced by the following:*
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 the Administrative Tribunals (Remedial and Disciplinary Measures) Act.
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 48.6, 50 and 52 to 58.
	*(ii) section 48.3 of the Canadian Human Rights Act, as enacted by section 26 of this Act, is repealed; and*
	(b) on the later of the day on which section 3 of that Act comes into force and the day on which section 26 of this Act comes into force, the schedule to that Act is amended by adding the following in alphabetical order:
	Canadian Human Rights Tribunal
	Tribunal canadien des droits de la personne

Bill C-98

Consequential Amendments

EMPLOYMENT EQUITY ACT

Conditional Amendments