Section 40.2 Canadian Human Rights Act
Section 40.2 Canadian Human Rights Act 1985 is about Non-application of sections 7, 10 and 11. It is under Part III (Discriminatory Practices and General Provisions) of the Act.
Non-application of sections 7, 10 and 11
(1) The Commission does not have jurisdiction to deal with complaints made by an employee, as defined in subsection 3(1) of the Pay Equity Act, against an employer that is subject to that Act, alleging that
(a) the employer has engaged in a discriminatory practice referred to in section 7 or 10, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees who are performing work of equal value; or
(b) the employer has engaged in a discriminatory practice referred to in section 11.
Parliamentary employees
(2) The Commission does not have jurisdiction to deal with complaints made by an employee, within the meaning of section 86.1 of the Parliamentary Employment and Staff Relations Act, against an employer, within the meaning of that same section, alleging that the employer has engaged in a discriminatory practice referred to in subsection (1).
See also:
– Section 40.1 Canadian Human Rights Act