Human Resources Legislative Update
New Rules of Procedure for the Canadian Human Rights Tribunal
Date: June 25, 2021
On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post).
As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The purpose of the Rules is to codify and modernize the informal rules already in use and they include the following important changes:
- a rule allowing the Tribunal to sanction non-compliance with the Rules or any order of the Tribunal
- a rule on electronic service and filing
- a rule requiring parties to file a list of documents and a copy of the documents they intend to introduce into evidence at the hearing (other than expert reports) with the Tribunal no later than 30 days before the beginning of the hearing and serve the list on other parties
- a rule defining the content of the Tribunal’s official record, public access to that record (subject to confidentiality measures or orders) and retention of the records
- a rule permitting the Tribunal to order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication
- more detailed requirements for statements of particulars
- a rule establishing time limits for the issuance of final decisions or motions by the Tribunal.
The Rules come into force on July 11, 2021.
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