38.3In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act. The Ontario Mental Health Act, 1978. (3)Each member of the Commission is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as are prescribed by by-law of the Commission. (4)If complaints are filed jointly or separately by more than one individual or group alleging that a particular person is engaging or has engaged in a discriminatory practice or a series of similar discriminatory practices and the Commission is satisfied that the complaints involve substantially the same issues of fact and law, it may deal with the complaints together under this Part and may request the Chairperson of the Tribunal to institute a single inquiry into the complaints under section 49. (B) 38.4(1)In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Councils approval. (5)If the Board refers a complaint under subsection (4) to an employer, or to an employer and a bargaining agent, it may assist them in resolving any matters relating to the complaint by any means that it considers appropriate. Act current to 2023-06-12 and last amended on 2021-08-31. (1) This section applies to the following forms of medical treatment for mental disorder. (3)Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. (b)the resolution, by the procedure set out in Part III, of complaints of discriminatory practices contrary to such terms and conditions. 2 - Purpose of Act. 30(1)Each full-time member of the Commission shall be paid a salary to be fixed by the Governor in Council and each part-time member of the Commission may be paid such remuneration, as is prescribed by by-law of the Commission, for attendance at meetings of the Commission, or of any division or committee of the Commission, that the member is requested by the Chief Commissioner to attend. (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. (b)the complaint is based solely on statistical information that purports to show that members of one or more designated groups are underrepresented in the employers workforce. (2)If at the conclusion of the inquiry the member or panel finds that the complaint is substantiated, the member or panel may, subject to section 54, make an order against the person found to be engaging or to have engaged in the discriminatory practice and include in the order any of the following terms that the member or panel considers appropriate: (a)that the person cease the discriminatory practice and take measures, in consultation with the Commission on the general purposes of the measures, to redress the practice or to prevent the same or a similar practice from occurring in future, including, (i)the adoption of a special program, plan or arrangement referred to in subsection 16(1), or. 1 - Short Title. 48.2(1)The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson may be removed from office by the Governor in Council for cause and the Vice-chairperson and the other members may be subject to remedial or disciplinary measures in accordance with section 48.3. (2)Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day. (5)A member of the Commission is eligible to be re-appointed in the same or another capacity. Help. (a)might be injurious to international relations, national defence or security or federal-provincial relations; (b)would disclose a confidence of the Queens Privy Council for Canada; (c)would be likely to disclose information obtained or prepared by any investigative body of the Government of Canada, (ii)in the course of investigations pertaining to the detection or suppression of crime generally, or. 14.1 - Inquiries. PMID: 487345 DOI: 10.1177/070674377902400605 No abstract available. A patient in a mental health facility shall be informed as soon as possible after admission, in a form and a language which the patient understands, of all his or her rights in accordance with these Principles and under domestic law, which information shall include an explanation of those rights and how to exercise them. (c)to limit, segregate, classify or otherwise act in relation to an individual in a way that would deprive the individual of employment opportunities, or limit employment opportunities or otherwise adversely affect the status of the individual, where the individual is a member of the organization or where any of the obligations of the organization pursuant to a collective agreement relate to the individual. 165A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act: (a)the definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Canadian Human Rights Act; 428The Canadian Human Rights Act, as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009, as amended by subsection 431(1) of this Act. (3)A guideline issued under subsection (2) is, until it is revoked or modified, binding on the Commission and any member or panel assigned under subsection 49(2) with respect to the resolution of a complaint under Part III regarding a case falling within the description contained in the guideline. January 1, 2016. 66(1)This Act is binding on Her Majesty in right of Canada, except in matters respecting the Yukon Government or the Government of the Northwest Territories or Nunavut. (2)Where a division of the Commission has been established pursuant to subsection (1), the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division. Marginal note:Universality of service for Canadian Forces. 431(4)Section 396 of the Act is repealed. (13)The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judges opinion, the member. 4The Government of Canada, together with the appropriate organizations representing the First Nations peoples of Canada, shall, within the period referred to in section 3, undertake a study to identify the extent of the preparation, capacity and fiscal and human resources that will be required in order for First Nations communities and organizations to comply with the Canadian Human Rights Act. (2)The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission. R.S., 1985, c. C-6, s. 4. (a)to exclude an individual from full membership in the organization; (b)to expel or suspend a member of the organization; or. (iii)in the course of investigations pertaining to particular offences against any Act of Parliament; (d)might, in respect of any individual under sentence for an offence against any Act of Parliament. (8)Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of that Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada. 3.1For greater certainty, a discriminatory practice includes a practice based on one or more prohibited grounds of discrimination or on the effect of a combination of prohibited grounds. (e)that the person compensate the victim, by an amount not exceeding twenty thousand dollars, for any pain and suffering that the victim experienced as a result of the discriminatory practice. (ii)making an application for approval and implementing a plan under section 17; (b)that the person make available to the victim of the discriminatory practice, on the first reasonable occasion, the rights, opportunities or privileges that are being or were denied the victim as a result of the practice; (c)that the person compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of the discriminatory practice; (d)that the person compensate the victim for any or all additional costs of obtaining alternative goods, services, facilities or accommodation and for any expenses incurred by the victim as a result of the discriminatory practice; and. (3)A prosecution for an offence under this section may be brought against an employer organization or employee organization and in the name of the organization and, for the purpose of the prosecution, the organization is deemed to be a person and any act or thing done or omitted by an officer or agent of the organization within the scope of their authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization. (b)on application, give such advice and assistance with respect to the adoption or carrying out of a special program, plan or arrangement referred to in subsection (1) as will serve to aid in the achievement of the objectives the program, plan or arrangement was designed to achieve. (3)Where the Commission rescinds approval of a plan pursuant to subsection (1), it shall include in the notice referred to therein a statement of its reasons therefor. Marginal note:Investigation commenced by Commission. H.R.3726 Student Mental Health Rights Act SPONSOR: Rep. Katie Porter (D), CA-47 CO-SPONSORS: 5 STATUS: Introduced LATEST ACTION: House floor - 2023-05-25 Referred to the House Committ. Learn more: News Release A bill to assist the States to establish and operate protection and advocacy systems for mentally ill individuals and to promote family support groups for Alzheimer's disease patients and their families. (d)has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office. (14)When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure. (4)Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette. (2.1)Subject to such limitations as the Governor in Council may prescribe in the interests of national defence or security, an investigator with a warrant issued under subsection (2.2) may, at any reasonable time, enter and search any premises in order to carry out such inquiries as are reasonably necessary for the investigation of a complaint. (6)Subject to subsections (7) and (8), an inquiry shall be conducted in public. 61(1)The Commission shall, within three months after December 31 in each year, prepare and submit to Parliament a report on the activities of the Commission under this Part and Part II for that year, including references to and comments on any matter referred to in paragraph 27(1)(e) or (g) that it considers appropriate. (3)The members of any Human Rights Tribunal appointed under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any inquiry into the complaint in respect of which the Human Rights Tribunal was appointed. (2)If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1). (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 employers employment equity plan prepared pursuant to section 10 of the Employment Equity Act. (b) make the Bill of Rights publicly available and take steps to ensure that all persons impacted by the Bill of Rights are aware of its contents and have access to educational materials relating to mental health, the co-occurrence of mental illness and substance use disorders, and harm reduction strategies, and 2009, c. 2, s. 396, as amended by 2018, c. 27, ss. (4)The Governor in Council may make regulations. Authors: GundugurtiPrasad Rao VemulokondaSri Ramya Suresh Bada Math. (2)If a complaint is made by someone other than the individual who is alleged to be the victim of the discriminatory practice to which the complaint relates, the Commission may refuse to deal with the complaint unless the alleged victim consents thereto. (2)The Canadian Human Rights Commission, may, (a)make general recommendations concerning desirable objectives for special programs, plans or arrangements referred to in subsection (1); and. 1.1For greater certainty, the repeal of section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. A legal perspective. (2)After considering a report provided pursuant to subsection (1), the Commission, (a)may dismiss the complaint or, where it does not do so, shall proceed to deal with the complaint pursuant to this Part; and. 34(1)The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act. 5 - Discriminatory Practices. Marginal note:Annual report of Commission. Marginal note:Complaint involving security considerations, (2)When, at any stage after the filing of a complaint and before the commencement of a hearing before a member or panel in respect of the complaint, the Commission receives written notice from a minister of the Crown that the practice to which the complaint relates was based on considerations relating to the security of Canada, the Commission may. Marginal note:Absence or incapacity of Chief and Deputy Chief. 53(1)At the conclusion of an inquiry, the member or panel conducting the inquiry shall dismiss the complaint if the member or panel finds that the complaint is not substantiated. The right to daily physical exercise in the open. 35 - Lands Taken for Public Purposes. (b)may, in such manner as it sees fit, notify any other person whom it considers necessary to notify of its action under subsection (2) or (3). The WPA reiterates that persons with mental illness/mental disability/ mental health problems have the capacity to hold rights and exercise their rights and should, therefore, be treated on an equal basis with other citizens. (2)Where standards prescribed pursuant to subsection (1) are met in providing access to any services, facilities or premises, a matter of access thereto does not constitute any basis for a complaint under Part III regarding discrimination based on any disability in respect of which the standards are prescribed. (4)The Board shall review the complaint in a summary way and shall refer it to the employer that is the subject of the complaint, or to the employer that is the subject of the complaint and the bargaining agent of the employees who filed the complaint, as the Board considers appropriate, unless it appears to the Board that the complaint is trivial, frivolous or vexatious or was made in bad faith. (3)For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice. 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