Section 49 Canadian Human Rights Act
Section 49 Canadian Human Rights Act 1985 is about Request for inquiry. It is under Inquiries into Complaints of Part III (Discriminatory Practices and General Provisions) of the Act.
Request for inquiry
(1) At any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard to all the circumstances of the complaint, an inquiry is warranted.
Chairperson to institute inquiry
(2) On receipt of a request, the Chairperson shall institute an inquiry by assigning a member of the Tribunal to inquire into the complaint, but the Chairperson may assign a panel of three members if he or she considers that the complexity of the complaint requires the inquiry to be conducted by three members.
Chair of panel
(3) If a panel of three members has been assigned to inquire into the complaint, the Chairperson shall designate one of them to chair the inquiry, but the Chairperson shall chair the inquiry if he or she is a member of the panel.
Copy of rules to parties
(4) The Chairperson shall make a copy of the rules of procedure available to each party to the complaint.
Qualification of member
(5) If the complaint involves a question about whether another Act or a regulation made under another Act is inconsistent with this Act or a regulation made under it, the member assigned to inquire into the complaint or, if three members have been assigned, the member chairing the inquiry, must be a member of the bar of a province or the Chambre des notaires du Québec.
Question raised subsequently
(6) If a question as described in subsection (5) arises after a member or panel has been assigned and the requirements of that subsection are not met, the inquiry shall nevertheless proceed with the member or panel as designated.
See also:
– Section 48.9 Canadian Human Rights Act (Conduct of proceedings)
– Section 48.7 Canadian Human Rights Act (Head office)
