Human Rights Tribunal Rules of Procedure

Summary#

The Canada Gazette published the proposed Canadian Human Rights Tribunal Rules of Procedure, 2020 for comment. They would codify and modernize the informal procedures the Canadian Human Rights Tribunal uses now, and the public consultation runs for 60 days.

What it does#

• Codifies the Tribunal’s current informal practices so they are written down in one set of rules under the Canadian Human Rights Act.
• Allows the Tribunal to impose sanctions or orders when a party does not follow the rules.
• Introduces electronic service and filing options to make use of technology easier.
• Requires parties to file a list of documents and copies of documents they intend to use at a hearing no later than 45 days before the hearing.
• Defines the Tribunal’s official record and clarifies public access, retention and disposal of that record.
• Sets clearer requirements for statements of particulars so complaints identify the discriminatory practice, the grounds alleged, witnesses and remedies sought.
• Lets a panel order hearings (in whole or in part) by telephone, video conference or other electronic means.
• Sets time limits for written decisions: a final decision would be issued within 6 months after the close of evidence and argument, and decisions on motions within 3 months. Panels must notify parties of any extensions.
• States that interest on compensation awards will be simple interest at the Bank of Canada bank rate, accruing from the day the discriminatory practice occurred until payment.
• Specifies that, if approved, the rules would come into force on the 90th day after registration and would apply to new complaints filed on or after that day.

Who's affected#

• People who bring complaints to the Canadian Human Rights Tribunal (complainants) and people or organizations named in complaints (respondents).
• The Canadian Human Rights Commission, which refers complaints to the Tribunal and may participate in inquiries.
• Legal representatives, witnesses and expert witnesses who must meet the new disclosure and filing timelines.
• Organizations that commonly appear before the Tribunal, including federal departments and agencies, federally regulated companies, labour organizations, Indigenous organizations, and human rights organizations (these groups were invited to comment during consultation).
• Small businesses are mentioned in the analysis as a minority of parties; the rules are not expected to impose new costs and may lower costs through technology, but some procedural requirements (like earlier document lists) will affect any party that appears.

Why it matters#

• Putting the rules in writing makes procedures more predictable for people who bring or defend human rights complaints.
• The emphasis on electronic filing and remote hearings can cut travel time and costs and make participation easier, especially for people outside major centres.
• Clearer disclosure deadlines (the 45‑day rule) require earlier preparation. That can reduce last-minute surprises — but it may also mean parties need to organize documents sooner.
• Time limits for decisions (**) aim to speed up outcomes, which matters to complainants seeking remedies and to respondents who want closure.
• A formal rule allowing sanctions raises the stakes for parties that fail to follow directions.
• Clarified public access to the Tribunal’s official record affects transparency and privacy; confidentiality protections still apply where ordered.

Note: this item was published in Part I of the Canada Gazette as a proposal. These are not final rules yet; comments were invited for 60 days, and the final rules would be published later if adopted.