Table of Comparison – Rules of Procedure under the Canadian Human Rights Act
Table of Comparison – Rules of Procedure under the Canadian Human Rights Act
| Old Rules | New Rules | Topic and new changes |
|---|---|---|
| Rule 1(1) Rule 1(2) |
Rule 5 | General principle: The interpretation of the Rules mostly stayed the same, it should support an informal, expeditious, and fair determination of each complaint. |
| Rule 1(3) | Rule 1 | Definitions: The new Rules have a few more helpful definitions. |
| Rule 1(4) | Rule 8 | Varying or dispensing with Rules: This section remained the same. The Tribunal may decide to change a Rule or may choose not to apply a Rule if doing so will support the inquiry. |
| Rule 1(6) | Rule 7 | Rules not exhaustive: This section remained the same. If a rule does not cover an area of procedure the Tribunal may decide how to proceed. |
| Rule 2(1) | Rule 11 | Documents to be served and filed: This stayed the same. Every document to be delivered and filed must be delivered to all parties and then filed with the Tribunal Registrar. |
| Rule 2(2) | Rule 12 | Methods of service: The new rules allow parties to serve each other documents electronically. Parties may now serve documents by email to an email address provided by a party, or to an Internet address provided by the Tribunal Registrar. |
| Rule 2(3) | Rule 13 | Proof of service: The new rules no longer list the different types of evidence a party may bring before the Tribunal as proof of service. Proof of service is still a requirement. |
| Rule 2(4) | Rule 14 | Filing: The new rules allow parties to file documents electronically to an Internet address provided by the Registrar, in addition to the previously accepted methods for filing (in- person delivery, mail, or fax). |
| Rule 2(5) | Rule 15 | Language of record: As was the case under the old rules, any document that is filed with the Registrar must be in English or French. Documents in another language must have a translation and a signed statement from a translator attesting that the translation is accurate. |
| Rule 3(1) | Rule 26(1)(2) | Notice of motion: As was the case under the former rules, a motion is initiated by written notice unless the Tribunal agrees to proceed orally. |
| Rule 3(2) | Rule 26(3) | Response: The parties continue to have an opportunity to respond to a notice of motion. |
| Rule 4(1) | Rule 17(1) Rule 17(2) |
Request by Commission: Like before, the CHRC must file a request to the Tribunal to begin an inquiry into a complaint. |
| Rule 4(2) | Rules 17(2) | Update to information: When necessary, the new rules make it the parties’ responsibility to update information provided by the CHRC with the Registrar. |
| Rule 5(1) | Rule 30(1)(2) | Case Management Conference: The new rules allow for case management conferences to be held by telephone conference, video-conference or any other form of electronic communication. |
| Rule 5(2) | Rule 30(3) | Notice to Registrar: This rule stayed the same. A party that wishes to raise a matter in a CMCC must notify the Registrar. |
| Rule 5(3) | Rule 31 | Conduct of conference: This section remained the same. It outlines topics at a case management conference. |
| Rule 6(1) | Rule 18(1)(2) Rule 19(1)(2) Rule 20(1)(2) |
Statement of Particulars [section]: The new rules require the parties to add further details to their statements of particulars (Rules 18(1), 19(1), 20(1)). Privileged documents: The new rules require parties to provide the Tribunal with a list of all documents in their possession which are related to the case. Parties must clearly indicate which documents on the list will be excluded from evidence during a hearing and why (Rules 18(2), 19(2) and 20(2)). |
| Rule 6(2) | Rule 21(1)(2) | Reply: The new rules require parties to inform the Tribunal about which documents in reply will be excluded from evidence, if any, and why those documents will be excluded (the basis for the claim of privilege). |
| Rule 6(3) | Rule 22(1)(2) | Expert witnesses: The new rules state that an expert witness has a duty to assist the Tribunal through their testimony. |
| Rule 6(4) | Rule 23(1)(2) | Provision of documents: This rule stayed largely the same. Parties must provide a copy of documents to other parties. |
| Rule 6(5) | Rule 24(1)(2) | Ongoing disclosure: The new rules state that parties must explain their claims of privilege over new documents. |
| Rule 7(1) | Rule 42(1) | Content [subsection within “Book of Authorities” section]: The definition of a book of authorities has remained the same. |
| Rule 7(2) | Rule 42(2) | Highlighted passages [subsection within “Book of Authorities” section]: This rule stayed the same. Parties must highlight relevant passages in their book of authorities. |
| Rule 7(3) | Rule 42(3) (4) | “Electronically available case law” and “Electronically available legislation” [subsections within “Book of Authorities” section]: The new rules give instructions for including online case law and legislation in a book of authorities. |
| Rule 8(1) | Rule 27(1) | Motion for interested person status: As was the case under the old rules, a person that wishes to take part in an inquiry as an interested person must serve and file a notice of motion. |
| Rule 8(2) | Rule 27(2)(3) | “Content of motion” and “Decision of panel” subsections The new rules state that in granting a motion for interested person status, the Tribunal must describe the level of involvement of the interested person can participate in the inquiry. |
| Rule 8(4) | Rule 28 | Motion for party status: As was the case under the old rules, a person that wishes to be recognized as a party must serve and file a notice of motion. |
| Rule 8(3) | Rule 29 | Motion by party to add party: This rule stayed the same, a party who wants to add another party to the inquiry must serve and file their motion on the Tribunal and the prospective party. |
| Rule 9(1) | Rule 32 Rule 33(1)(2)(3) |
Hearing and Evidence [section]: The hours of hearings have stayed the same, but the new rules allow for hearings to be held by telephone conference, video conference or by any other form of electronic communication. |
| Rule 9(2) | Rule 6(1)(2)(3) | “Needs of participants” and “Interpretation services” subsections: As was the case under the old rules, parties must notify the Registrar when they require interpretation services. The new rules include a commitment to accommodate the needs of all participants in an inquiry in a reasonable fashion. |
| Rule 9(3) | Rule 37 | Undisclosed matters: The new rules explain a party’s right to lead evidence with more clarity than the former rules. |
| Rule 9(4) | Rule 38 | Admission of documents into evidence: As was the case under the old rules, documents are only admitted into evidence under certain conditions. |
| Rule 9(5) | Rule 34(1) | Evidence taken outside hearing: The rules on motions for taking evidence outside the hearing have stayed the same. |
| Rule 9(6) | Rule 34(2) | Directions for taking evidence outside hearing: The same rules apply to directions on evidence that may be given by the Tribunal outside hearings. |
| Rule 9(7) | Rule 25 | Notice of constitutional questions: This section stayed the same. Raising constitutional questions requires parties to serve notice. |
| Rule 9(8) | Rule 35 Rule 36(1)(2) |
List of documents: The new rules introduce a deadline for filing a list of documents parties plan to use in the hearing. Parties must file their list of documents with the Tribunal, along with a copy of each document, 30 days before the first day of their hearing. The list of documents must be served on all other parties. |
| Rule 9(9) | Rule 39(1) | Exclusion of a witness: As was the case under the old rules, the Tribunal may order the exclusion of witnesses. |
| Rule 9(10) | Rule 39(2) | Exception: The same exceptions to the exclusion of witnesses continue to apply. |
| Rule 9(11) | Rule 40 Rule 41 |
Communication with excluded witnesses: As was the case under the old rules, a party may not communicate with an excluded witness. Communication with witnesses during examination: The new rules allow the panel to restrict communication with a witness during examinations. |
| Rule 9(12) | Rule 46 | Interest: The definition of interest awarded under subsection 53(4) of the Act remains the same. |
| Added New Rules | Topic |
|---|---|
| Rule 3(1)(2) | Inquiry: A new rule defining the cycle of an inquiry and how the Tribunal conducts the inquiry. |
| Rule 4 | No panel assigned: A new rule giving the Chairperson the same powers as a panel when no panel is assigned to a case. |
| Rule 9 | Non-compliance with Rules or orders: A new rule allowing the Tribunal to sanction non-compliance with the Rules of Procedure or any order of the Tribunal. |
| Rule 10 | Vexatious conduct or abuse of process: A new rule on vexatious conduct or abuse of process. |
| Rule 16 | Representative of record: A new rule defining the representative of record for the party. |
| Rule 43(1)(2) | “Final decision” and “Decision on motion” [subsections]: A new rule establishing time limits for the issuance of decisions by the Tribunal. |
| Rule 44 | Notice of extension: A new rule allowing the Tribunal to extend the time limits referred to in Rule 43. |
| Rule 45 | Reassignment: A new rule allowing the Chairperson to assign an inquiry to a different member if a decision is taking too long to be rendered. |
| Rule 47 | Tribunal’s Official Record [section]: A rule defining the Tribunal’s official record, access to that record and retention of the record, to clarify the public’s right of access to exhibits and other documents related to the CHRT’s inquiry. |