Home » Canada » Section 38.4 Canadian Human Rights Act 1985

Section 38.4 Canadian Human Rights Act 1985

OTHER CANADIAN LAWS 1. Short title. 2. Purpose. 3. Prohibited grounds of discrimination. 3.1 Multiple grounds of discrimination. 4. Orders regarding discriminatory practices. 5. Denial of good, service, facility or accommodation. 6. Denial of commercial premises or residential accommodation. 7. Employment. 8. Employment applications, advertisements. 9. Employee organizations. 10. Discriminatory policy or practice. 11. Equal wages. 12. Publication of discriminatory notices, etc. 13. [Repealed, 2013, c. 37, s. 2] 14. Harassment. 14.1 Retaliation. 15. Exceptions. 16. Special programs. 17. Plans to meet the needs of disabled persons. 18. Rescinding approval of plan. 19. Opportunity to make representations. 20. Certain provisions not discriminatory. 21. Funds and plans. 22. Regulations. 23. Regulations. 24. Accessibility standards. 25. Definitions. 26. Commission established. 27. Powers, duties and functions. 28. Assignment of duties. 28.1 Convention on the Rights of Persons with Disabilities. 29. Regulations. 30. Salaries and remuneration. 31. Chief Commissioner. 32. Staff. 32.1 Accessibility unit. 32.2 Pay Equity Unit. 33. Compliance with security requirements. 34. Head office. 35. Majority is a decision of the Commission. 36. Establishment of divisions. 36.1 Pay Equity Division. 37. By-laws. 38. Superannuation, etc. 38.1. Powers, duties and functions. 38.2. Absence or incapacity of Accessibility Commissioner. 38.3. Powers, duties and functions. 38.4 Absence or incapacity of Pay Equity Commissioner. 39. Definition of discriminatory practice. 40. Complaints. 40.01. Disclosure of personal information. 40.1 Definitions. 40.2 Non-application of sections 7, 10 and 11. 41. Commission to deal with complaint. 42. Notice. 43. Designation of investigator. 44. Report. 45. Definition of Review Agency. 46. Report. 47. Appointment of conciliator. 48. Referral of a settlement to Commission. 48.1 Establishment of Tribunal. 48.2 Terms of office. 48.3 Remedial and disciplinary measures. 48.4 Status of members. 48.5 Residence. 48.6 Remuneration. 48.7 Head office. 48.8 [Repealed, 2014, c. 20, s. 415] 48.9 Conduct of proceedings. 49. Request for inquiry. 50. Conduct of inquiry. 51. Duty of Commission on appearing. 52. Hearing in public subject to confidentiality order. 53. Complaint dismissed. 54. Limitation. 54.1. Definitions. 55. and 56. [Repealed, 1998, c. 9, s. 29] 57. Enforcement of order. 58. Application respecting disclosure of information. 59. Intimidation or discrimination. 60. Offence. 61. Annual report of Commission. 61.1 Minister of Justice. 62. Limitation. 63. Application in the territories. 64. Canadian Forces and Royal Canadian Mounted Police. 65. Acts of employees, etc. 66. Binding on Her Majesty 67. [Repealed, 2008, c. 30, s. 1]

Section 38.4 Canadian Human Rights Act

Section 38.4 Canadian Human Rights Act 1985 is about Absence or incapacity of Pay Equity Commissioner. It is under Part II (Canadian Human Rights Commission) and ‘Pay Equity Commissioner‘ of the Act.

See also  Section 54 Constitution Act 1982 (Repeal, consequential amendments)

Absence or incapacity of Pay Equity Commissioner

(1) In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.

Required qualifications — acting Pay Equity Commissioner

(2) The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.


See also:

Section 38.3 Canadian Human Rights Act (Powers, duties and functions)

Section 38.2 Canadian Human Rights Act (Absence or incapacity of Accessibility Commissioner)

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