Summary of New Changes to the Rules of Procedure under the
Canadian Human Rights Act
June 23, 2021
We are pleased to announce that the newest version of the Rules of Procedure under the Canadian Human Right Act (“Rules of Procedure”) has now been published and will come into force on July 11, 2021.
The new rules modernize the Tribunal process to allow for more informal, expeditious and fair proceedings. Implemented changes such as electronic service and video-conference hearings signal the Tribunal’s readiness to accommodate access to justice on-line when needed.
Other important rule changes include the following:
- a rule allowing the Tribunal to sanction non-compliance with the Rules of Procedure or any order of the Tribunal (Rule 9);
- a rule on vexatious conduct or abuse of process (Rule 10);
- rules on electronic service and filing (Rule 12 and 14);
- 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. Parties will be required to file the list and the documents with the Tribunal and provide these to the other parties no later than 30 days before the beginning of the hearing (Rule 36(1));
- 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 (Rule 47);
- more detailed requirements for statements of particulars, to help parties identify such elements as the discriminatory practice being alleged, the remedies sought, and the defenses being relied upon (Rules 18-20); and,
- a rule establishing time limits for the issuance of decisions by the Tribunal (Rule 43).
For a complete list of changes, please review the statement in Part II of the Canada Gazette.