Section 41 Canadian Human Rights Act

Section 41 Canadian Human Rights Act 1985 is about Commission to deal with complaint. It is under Part III (Discriminatory Practices and General Provisions) of the Act.

Commission to deal with complaint

(1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that

(a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available;(b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act;

(c) the complaint is beyond the jurisdiction of the Commission;

(d) the complaint is trivial, frivolous, vexatious or made in bad faith; or

(e) the complaint is based on acts or omissions the last of which occurred more than one year, or such longer period of time as the Commission considers appropriate in the circumstances, before receipt of the complaint.

Commission may decline to deal with complaint

(2) The Commission may decline to deal with a complaint referred to in paragraph 10(a) in respect of an employer where it is of the opinion that the matter has been adequately dealt with in the employer’s employment equity plan prepared pursuant to section 10 of the Employment Equity Act.

Meaning of employer

(3) In this section, employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act.

See also:

– Section 40.2 Canadian Human Rights Act (Non-application of sections 7, 10 and 11)

– Section 40.1 Canadian Human Rights Act (Definitions)