EFFECTIVE OCTOBER 19, 2022
Notice Whether you are a Complainant or a Respondent in a discrimination complaint, you have rights and responsibilities when participating in the Canadian Human Rights Commission’s complaint process. If you are having trouble accessing our forms, please contact us at: modernization.modernisation@chrc-ccdp.gc.ca.
1.1 These Rules may be cited as the Canadian Human Rights Commission Complaint Rules (“Rules”).
2.1 The Canadian Human Rights Commission (“the Commission”) administers a complaint process pursuant to the Canadian Human Rights Act , R.S., 1985, c. H-6 (“the Act”).
2.2 The Commission is a screening body. It does not decide whether discrimination has taken place. Rather, it exercises a screening role with respect to disputes of a human rights nature in the federal jurisdiction and based on enumerated grounds in the Act.
3.1 The words and terms used in these Rules have the same meaning as they do in the Act.
3.2 For greater clarity, in these Rules the words below are defined as follows:
Act
means the Canadian Human Rights Act;
alternative dispute resolution
means mediation and conciliation as practiced by the Commission;
assessment
means the Commission’s examination of discrimination complaints during its complaint process; including complaint analysis under sections 40 and 41 of the Act; investigations conducted under section 43 of the Act, and/or for referrals to the Canadian Human Rights Tribunal made under section 49 of the Act;
Commission
means the Canadian Human Rights Commission and its staff;
Commissioner
means a member of the Commission appointed under Part II of the Act;
complaint
means a complaint filed under Part III of the Act;
Complainant
means the individual or group of individuals who file a Complaint;
Complaint Form
is a form containing the details of one or more allegations of discrimination or harassment;
complaint process
means the process used by the Commission, at its discretion, to deal with inquiries and complaints, including mediation, conciliation, complaint assessment, and the Commission’s decision-making process;
conciliation
means the process used to try to bring about a settlement of a complaint, led by a conciliator referred to in section 47 of the Act;
conciliator
means the person appointed pursuant to section 47 of the Act to lead the process to try to bring about a settlement of a complaint;
deadname
is a term used by some two-spirit, transgender, or gender diverse individuals to refer to their former name (sometimes the same as their given name at birth) which they no longer use.
exceptional circumstances
means something unexpected happens and it prevents a party from meeting a Commission deadline or other request. The circumstances are generally outside of the control of the party. That is, the circumstances are reasonably unforeseen and unavoidable. Medical or family emergencies, accidents, serious illness, or environmental emergencies, such as fire or flood are examples of exceptional circumstances. There may be other circumstances that qualify as exceptional.
form
means “Complaint Form”, “Response Form”, “Reply Form” and any other document the Commission prescribes for use in the complaint process.
former name
is a name by which a person was formerly known and which they no longer use. For example, it could be a given name, legal name, deadname, or nickname.
Human Rights Officer
means the individual assigned by the Commission to deal with a complaint or inquiry;
inquiry
means the initial contact made by a member of the public with the Commission regarding specific circumstances or facts. This includes contact regarding Complaint Forms that have not yet been accepted by the Commission;
mediation
is a confidential and voluntary process the objective of which is to settle all or part of a complaint;
mediator
means any individual assigned by the Commission to conduct a mediation on behalf of the Commission;
party
means either the Complainant or the Respondent and “parties” means all the Complainants and the Respondent to a complaint;
preliminary issues
means issues under sections 40 or 41 of the Act that may prevent the Commission from dealing with a complaint or that allow the Commission not to deal with a complaint. See Preliminary Issues Information Sheet
referral to Assessment
means that a complaint has been placed in the queue for assessment by a Human Rights Officer;
reply
means the Complainant’s reply to any preliminary issues, and the Complainant’s reply to the Respondent’s response to the allegations in the complaint. The reply is to be provided using the Reply Form on the Commission’s website.
report
means a report that will be presented to one or more Commissioners for a decision about a complaint;
representative
means a lawyer or other individual who is authorized to represent a party in the complaint process;
Respondent
means the party against whom a complaint has been made;
response
means the Respondent’s response to the complaint, and includes whether the Respondent is willing to participate in Commission mediation, any preliminary issues the Respondent wants to raise or respond to, and the Respondent’s response to the allegations in the complaint. The response is to be provided using the Response Form on the Commission’s website. In most cases, the Respondent must provide a response.
submission
means a document submitted to the Commission by either party in response to a report or to the other party’s submission to a report.
4.1 The purpose of these Rules is to maintain a workable and administratively effective complaint process while ensuring that the process for dealing with complaints is procedurally fair.
5.1 These Rules are to be interpreted liberally and in a manner consistent with the provisions and objectives of the Act.
5.2 These Rules apply to the Commission’s human rights complaints process.
5.3 The Commission assists parties to resolve these human rights disputes in matters under the jurisdiction of the Act using the most appropriate dispute resolution process in the circumstances of each case.
5.4 In dealing with complaints, the Commission may, at its sole discretion and with notice to parties:
5.5 These Rules apply to all complaints received after these Rules come into effect. The Rules also apply to complaints entering the next stage in the Commission’s complaint process after these Rules come into effect.
5.6 The Commission may, at its sole discretion, exercise any of its powers under these Rules on its own initiative or at the request of a party.
5.7 Where a procedural matter arises that is not covered by these Rules, the Commission may nevertheless deal with it in such manner as it deems appropriate in the circumstances.
6.1 The Commission strives to create and maintain an inclusive, barrier-free human rights complaints process. This means recognizing the individual needs of the people that access our complaint process. Please refer to the Commission’s Accommodation Policy to learn more about how to make an accommodation request. Please request accommodation as soon as you become aware of your need.
6.2 The Commission may waive or alter the application of any of these Rules in order to provide a necessary accommodation to a party or their representative.
6.3 All documents submitted must be provided in accordance with the accessibility needs identified in the notification letter or any other communication received from the Commission.
7.1 General
7.2 Paper Versions
7.3 The Complaint
For the purposes of section 40(1) of the Act, a complaint in a form acceptable to the Commission shall contain:
Note that the use of legal names is not required. Current names, by which one is known, may be used.
7.4 A Complaint Form that contains:
is not in a form acceptable to the Commission for the purposes of section 40(1) of the Act.
As a result, the Commission will ask the Complainant to black out or remove such information, references or attachments from the Complaint Form prior to the acceptance of the complaint by the Commission, or, in exceptional circumstances, seek consent to do the redaction.
The only exception is when a Complainant’s or victim’s former name is included and the Complainant or the representative confirms to the Commission that they want the former name kept in the Complaint Form, and that they understand that the Complaint Form will be available to the public if the complaint is referred to the Canadian Human Rights Tribunal for a hearing.
7.5 The narrative part of a Complaint Form shall not exceed 3 pages in length or in the case of the Commission’s online Complaint Form, 10,000 characters.
7.6 Response and Reply
7.7 Submissions to an Assessment Report
7.8 Submissions to other Reports and Notices of Intent
8.1 A complaint is not filed with the Commission until it is in a form acceptable to the Commission in accordance with section 40(1) of the Act and paragraphs 7.3, 7.4, 9.2 and 9.3 of these Rules.
8.2 Complaint Forms and other forms, submissions or documents can be delivered to the Commission by:
8.3 A Complaint Form or other forms, submissions or documents that are delivered by facsimile must include the following information:
8.4 In all situations where the Commission provides the email address for the other party, parties must email a copy of their forms, submissions or other documents to the other partys email address at the same time these are sent to the Commission.
9.1 Complainants are expected to include all relevant allegations and submit a complete Complaint Form when filing their complaint. In exceptional circumstances, a Complainant will be permitted to amend their accepted complaint.
9.2 Subject to the principles of procedural fairness, complaints may be amended to add new allegations only in circumstances where the facts upon which the new allegations are based on are:
9.3 The Complainant must make their request to amend their complaint as soon as possible, after they become aware of the facts upon which the request is based.
9.4 Subject to the provisions under section 2.4, the amended Complaint Form cannot exceed the number of pages permitted for an original Complaint Form under section 7 of these Rules.
10.1 For all purposes in these Rules, time periods are calculated by counting consecutive calendar days including days on which the Commission is closed. Where the time limit for doing something expires or falls on a day on which the Commission is closed, it may be done on the next day the Commission is open.
10.2 The date of delivery of a Complaint Form or other form or document, including a written submission, refers to:
The date of delivery of a Complaint Form or other form or document that has been updated or revised is the date on which the Commission receives the final updated or revised version.
10.3 At its discretion, the Commission may require that the parties participate in the complaint process by providing verbal and/or written submissions and may set timelines for such participation.
10.4 Where a response is requested, a Respondent shall deliver its response to the Commission and the Complainant within 60 calendar days of receiving the notification of the complaint.
10.5 Where a reply is requested, a Complainant shall deliver their reply to the Commission and the Respondent within 60 calendar days of receiving the response or an email from the Commission notifying them that no response was received.
10.6 Unless otherwise specified, where a submission in response to a report is requested, a party shall deliver its submission to the Commission and the other party within 14 calendar days of receiving the report.
10.7 Where requested by the Commission, a submission made in response to the submission of another party shall be delivered to the Commission and the other party within 14 days of receipt of the submission from the other party.
10.8 Parties and representatives are expected to respond in a timely manner to requests for forms, documents or other information by the Commission.
10.9 Where a party fails to comply with any deadline under these Rules or fails to comply with any direction of the Commission, the Commission may take any step it considers appropriate in dealing with an inquiry or complaint, including dealing with the complaint without further notice to that party.
10.10 Extension Requests
11.1 Respondents wishing to object to a complaint for a reason under sections 40 or 41 of the Act must do so as part of their response to the complaint within 60 calendar days of receiving notice from the Commission that a complaint has been filed against the Respondent.
11.2 Exceptions to the requirement cited in 11.1 may be allowed only in situations where the facts giving rise to the objection could not have been known at the time that the response was submitted.
11.3 When a Respondent raises an objection under sections 40 or 41 of the Act, the Commission may consider the objection at the same time that it considers the merits of the complaint. When this occurs, only one report will be submitted to a Commissioner for decision.
12.1
12.2
12.3 In all situations where the Commission provides the email address for the other party, the parties are responsible for providing a copy of their response or reply and any submissions or documents to the other party at the same time that it is sent to the Commission.
12.4 The parties have an obligation to preserve any material related to a complaint, until the conclusion of the Commission’s complaints process. This includes information in electronic formats and names and telephone numbers of witnesses.
12.5 Official Languages
12.6
12.7 Where an original document is not in English or in French but has been translated into either English or French, the Commission may consider the translated version. A translator’s declaration shall accompany the translated document. A translator’s declaration must include the translator’s name, the original language of the document translated, and a statement signed by the translator that the translation is accurate.
12.8 Where a party is no longer represented by a representative, the party shall promptly notify the Commission.
12.9
12.10 Where the parties choose to participate in mediation they shall sign and date the Commission’s Agreement to Mediate.
12.11 The parties and their representatives, have a responsibility to cooperate with the Commission at all stages of the complaint process.
12.12 Respectful Conduct
13.1 At the discretion of the Commission, interviews may be conducted by telephone, in writing, by other electronic means, or exceptionally, in person.
13.2 All witness interviews shall be conducted in private. This means that the parties’ representatives or legal counsel cannot participate in, or be present for a witness interview, except when a witness is being interviewed to clarify a Respondent’s policy or practice, and/or when the witness is also named as a Respondent (there is a separate complaint) and requests that their employer’s representative or legal counsel be present. A witness may be accompanied by another non-party representative and/or support person of their choosing.
14.1 An offer to settle a complaint may be made by any party at any stage of the complaint process by signing, dating and delivering or emailing a written offer to settle to all other parties and to the Commission, unless otherwise agreed upon by the parties and the Commission in the course of the Commission’s alternative dispute resolution process.
14.2 Acceptance of an offer to settle shall be made in writing or by email and communicated to the party making the offer at the address set out in the offer.
14.3 It is not the responsibility of the Commission to communicate offers to settle or an acceptance of an offer to settle made between the parties whether the offer to settle or acceptance thereof is made in the course of alternative dispute resolution or otherwise.
14.4 The Commission may consider an offer to settle when considering a report in respect of the complaint. An offer to settle a complaint referred to in this paragraph must remain open for acceptance for thirty (30) days after the Commission’s final decision in respect of the complaint.
14.5 Where a settlement of a complaint is referred to the Commission pursuant to section 48(1) of the Act, the terms of settlement shall be in writing, entitled Minutes of Settlement.
14.6 Settlements may be referred to the Commission at any time after the filing of a complaint and before the commencement of a hearing before the Canadian Human Rights Tribunal.
14.7 Parties must submit a complete original or electronic copy of the Minutes of Settlement to the Commission with the following added after the signature lines:
These Minutes of Settlement were approved by the Canadian Human Rights Commission at ________________________________
this _________ day of ____________________ 20___ pursuant to subsection 48 (1)
of the Canadian Human Rights Act.
_______________________________________
(Name of Commissioner)
Canadian Human Rights Commission
14.8 A settlement approved by the Commission under section 48 of the Act 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.
14.9 Where parties settle a complaint outside the complaint process, the parties shall advise the Commission as soon as possible.
15.1 The Commission shall inform the parties and their representatives of its decisions by providing them with written notice.
15.2 Where the Respondent is the Government of Canada, the Commission shall deliver notification of the decision to the deputy minister, deputy head or head of agency of the part of the federal public administration named in the complaint. Where the complaint does not name a department or agency of the federal public service, notification of the decision shall be delivered to the department or agency of the federal public service most effected by the decision. In the case of the Canadian Forces, notification of the decision shall be delivered to the Chief of Defence Staff.
15.3 Where the Respondent is a corporation (including Crown corporations), notification of the decision shall be delivered to the chief executive officer of the corporation and to their representative.
15.4 Where the Respondent is a partnership, notification of the decision shall be delivered to any one of the partners.
15.5 Where the Respondent is another type of organization, notification of the decision shall be delivered to the executive director of the organization.