Canadian Human Rights Tribunal Rules of Procedure, 2021 (SOR/2021-137)

Time Limit for Decision

Marginal note:Final decision

• 43 (1) In the case of a decision under section 53 of the Act, the panel must issue its decision no later than six months after the day on which the presentation of arguments and evidence by the parties is concluded.

• Marginal note:Decision on motion

  (2) In the case of a decision on a motion, the panel must issue its decision no later than three months after the day on which the presentation of arguments and evidence by the parties is concluded

Marginal note:Notice of extension

44 The panel must give notice to the parties of an extension to the time limits referred to in rule 43.

Marginal note:Reassignment

45 The Chairperson may, after consulting the parties, assign an inquiry to a different panel if the deliberation period is unduly long and a decision cannot be rendered in the foreseeable future.

Interest on Orders to Pay Compensation

Marginal note:Interest

46 Interest awarded under subsection 53(4) of the Act must be simple interest that is equivalent to the bank rate established by the Bank of Canada and must accrue from the day on which the discriminatory practice occurred until the day on which the award of compensation is paid.

Tribunal’s Official Record

Marginal note:Content

• 47 (1) For each inquiry, the Registrar must keep an official record that contains

  • (a) the complaint;

  • (b) the request to institute an inquiry by the Commission;

  • (c) the statements of particulars and any responses or replies;

  • (d) any motion materials;

  • (e) any correspondence between the Registrar and the parties;

  • (f) any summaries of case management conferences;

  • (g) any book of authorities;

  • (h) any written submissions;

  • (i) any orders, rulings or decisions;

  • (j) any exhibits;

  • (k) any recordings of the hearing and any transcripts of those recordings; and

  • (l) any other documents that are designated by the Panel.

• Marginal note:Public access

  (2) Subject to any confidentiality measures or orders under section 52 of the Act, the public may access the Tribunal’s official record under such terms and conditions as specified by the Chairperson.

• Marginal note:Retention

  (3) The Chairperson may establish the retention period for the official record in respect of any inquiry that has concluded and for which any judicial review or appeal proceedings have been exhausted.

Coming into Force

Marginal note:30th day after registration

48 These Rules come into force on the 30th day after the day on which they are registered.