Tribunal Rules and Procedures Quiz

A tribunal may make rules respecting disclosure of evidence.

A tribunal can require parties to attend a pre-hearing conference to discuss issues relating to a complaint.

A tribunal can make rules specifying the form of notices required to be given to a party.

A tribunal can legally mandate that a party provide an address for service or delivery of notices and orders.

Tribunals can mandate that mediation be included in a dispute resolution process.

A member of a tribunal can make orders that are not specifically covered by rules.

A complaint may be dismissed if a party fails to act on a notice to diligently pursue the complaint.

The Public Service Act applies to the engagement of consultants.

A panel can make a declaratory order that the conduct complained of was discrimination contrary to this Code.

A panel can order the person that contravened this Code to engage in a pattern or practice that contravenes this Code.

An order made under subsection (2) can require the person that contravened this Code to provide any person designated in the order with information respecting the implementation of the order.

A panel may award costs against a party to a complaint who has engaged in improper conduct during the course of the complaint.

A panel can order the person that contravened this Code to only compensate the person discriminated against for the wages or salary lost.

A panel can order the person that contravened this Code to make available to the person discriminated against the right, opportunity, privilege, or a combination of these, which they were denied.

A panel can order the person that contravened this Code to pay the person discriminated against an amount that the panel considers appropriate to compensate that person for injury to dignity, feelings, and self respect.

This Code states that all complaints must be heard by a panel.

A decision made by a member or panel of a tribunal is considered a decision of the tribunal itself.

The tribunal is required to provide written reasons for all decisions made.

Any party can apply to modify an order made under sections 37(2)(c) or (d)(i) even after it has been fully implemented.

A member or panel can only modify an order if it is not fully implemented and due to unforeseen circumstances.

When modifying an order, a member or panel can exercise any of the powers outlined in section 37(2).

Orders made under sections 37(2)(a), (c), (d), or (4), or 38(2) can be filed with the Supreme Court by any party involved in the case.

Orders filed with the Supreme Court have the same force and effect as a judgment of the Supreme Court.

The tribunal is required to submit an annual report to the Clerk of the Legislative Assembly.

A religious organization that only helps people of a specific faith is allowed by law to discriminate against people of other faiths.

Information received during settlement attempts of a complaint is considered confidential and can never be disclosed.

Organizations that assist specific ethnic groups are allowed to operate without being held to the same regulations as other organizations.

Employment equity programs must focus on at least 7 groups.

The tribunal must provide the minister with an annual report that details the tribunal's activities in the past fiscal year.

If an organization provides a service to all people of a specific age, it can be considered to be in compliance with the code.

Companies cannot employ an employment equity program to benefit people by virtue of their race.

An organization that helps people with mental disabilities is an example of an organization that is allowed to preference people within that group.

An organization that promotes social and economic equality for all people of a specific sexual orientation is allowed to discriminate against people with other sexual orientations.

The commissioner can be removed from office for cause by a majority vote of the members of the Legislative Assembly.

Discrimination that is required by a regulation is permitted under the code.

If the commissioner is suspended or temporarily absent, an acting commissioner may be appointed by the Legislative Assembly on the recommendation of the standing committee.

If an organization that is dedicated to protecting people of specific ancestry decides to only help individuals with a specific disability within that ancestry group, the organization is contravening the code.

A company that makes its recruitment policies more inclusive to help women, minorities, and individuals with disabilities is breaking the code.

If the commissioner is suspended for cause, the suspension may end when the commissioner returns to office after the temporary absence.

The standing committee must be unanimous in their decision in order to appoint an acting commissioner when the Legislative Assembly is not sitting.

If the Legislative Assembly is not sitting, the standing committee can only suspend the commissioner for a period of 5 days.

It is legal to deny a person or class of persons the opportunity to purchase a commercial unit because of their marital status.

A person may discriminate on the basis of a person's sex when determining premiums or benefits under life or health insurance contracts.

A person can refuse to rent space to a person or class of persons based on their lawful source of income.

A person can discriminate on the basis of age when determining premiums or benefits under contracts of life insurance.

The code prohibits discrimination related to tenancy based on a person's family status.

A person can discriminate against someone on the basis of their sexual orientation when denying the opportunity to purchase a commercial unit.

Discrimination on the basis of a person's physical or mental disability is allowed when determining benefits under contracts of health insurance.

A panel may dismiss a complaint if the alleged contravention occurred more than one year prior to the complaint filing.

A member or panel may allow any person or group to intervene in a complaint, even if they are not directly affected by the potential outcome.

If a complaint is about an issue already being addressed in another proceeding, the tribunal will dismiss the complaint.

The tribunal has the jurisdiction to hear complaints regarding any act or omission that contravenes the code, regardless of whether the complaint is filed within the code's jurisdiction.

A complaint can be dismissed if it is determined that proceeding with it would not benefit the person who claims to have been discriminated against.

If a complaint is deemed to lack reasonable prospect of success, it can be dismissed without a hearing.

The tribunal is obligated to hear all complaints and cannot dismiss any complaint due to its complexity or the need for extensive investigation.

The tribunal may only defer consideration of a complaint if the other proceeding is a formal legal proceeding authorized by another act.

The tribunal is required to defer a complaint until the outcome of another proceeding if the other proceeding is capable of addressing the substance of the complaint.

A complaint can be dismissed if it is found to be motivated by improper intentions or filed in bad faith.

A single member of a tribunal can receive and accept evidence that would not be admissible in a court of law.

Any evidence that is inadmissible in a court due to privilege is also inadmissible before a tribunal.

The tribunal can adopt rules that override an Act expressly limiting the purpose of evidence being admitted or used in a proceeding.

The chair of a tribunal can assign a complaint to a single member or a panel of three members.

A panel designated to handle a complaint must have a presiding member, selected from within the panel.

A complaint can be dismissed under section 27 if the person against whom the complaint was made was not given notice of the complaint.

The tribunal has the power to make rules to ensure a fair and timely resolution of complaints.

A person can file a complaint on behalf of a group of people, even if they are not a member of that group.

A tribunal can make rules to specify the form of notices to be given to a party.

A complaint must be filed within one year of the last instance of the alleged contravention if the alleged contravention is a continuing one.

A tribunal can mandate that a party provide an address for service or delivery of notices and orders.

A tribunal can mandate that mediation be included in the dispute resolution process.

A member or panel can refuse to accept a complaint if they believe it's not in the best interest of the group or class on whose behalf the complaint is being made.

A complaint regarding a contravention of this Code can be filed more than a year after the alleged incident if it is in the public interest and no one would be significantly disadvantaged by the delay.

A member or panel may choose to proceed with two or more complaints together if they consider it to be fair and reasonable in the specific circumstances.

A member or panel can refuse to accept a complaint if they believe the person claiming discrimination does not wish to proceed with that complaint.

A trade union that only accepts members of a specific political party would be acting within the law.

A person who claims to have been discriminated against must personally file a complaint with the tribunal.

A complaint can be filed as late as two years after the alleged contravention, as long as it is deemed to be in the public interest.

A panel can order a person who has contravened the Code to adopt and implement an employment equity program if the evidence indicates they have engaged in a pattern or practice that contravenes the Code.

A panel can order a person who has contravened the Code to only compensate the person discriminated against for the wages or salary lost.

A panel can order a person who has contravened the Code to engage in a pattern or practice that contravenes this Code.

The Public Service Act applies to the retention, remuneration or engagement of consultants or specialists under subsection (2).

A person can be found guilty of discriminating on the basis of a person's Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age even if they did not intend to discriminate

A business is legally allowed to refuse service to a person based on their religion if the business has valid and reasonable justification for doing so.

A business is not allowed to refuse service to a person if their refusal is based on the person's sexual orientation.

A person cannot be found guilty of contravening the code if their discriminatory statement was part of a private communication.

The Code states that a person cannot, without a bona fide and reasonable justification, discriminate against another person due to their age when providing services or facilities, but there is an exception included in the Code, which allows for discrimination against people of a different age if they live in a separate residence.

The Code states that a business cannot deny someone service based on their religion, but a business is allowed to deny someone service for their sexual orientation.

A bona fide occupational requirement can be used to justify a refusal to employ someone based on their Indigenous identity.

An employer can reduce the rate of pay for all employees to comply with this section.

A bona fide retirement plan can justify discrimination based on age.

An employer is required to pay an employee the difference between the actual amount paid and the amount due under the section, even if the employee worked for less than 12 months before their termination.

An employment agency can refuse to refer a person for employment because of their political beliefs.

A difference in pay between employees based on seniority is considered discrimination, unless the employer can demonstrate that it is a bona fide occupational requirement.

A difference in pay between men and women based on job performance is not considered a violation of this section, even if the job performance standards have a disproportionate impact on women.

The legislation specifically exempts religious organizations from the obligation to provide equal employment opportunities.

An employer can refuse to hire an applicant because they have been convicted of a criminal offense, even if the offense is unrelated to the job.

A company can implement an employment equity program that only benefits people of a specific race, based on the argument that the program is necessary to address historical disparities.

A trade union can legally refuse membership to someone based on their criminal record, even if the conviction is unrelated to the union's activities.

A complaint filed on behalf of a group must be made by a member of that group.

A complaint alleging a continuing contravention must be filed within one year of the first instance of the alleged contravention.

If a complaint is filed after the time limit, the tribunal may accept the complaint, even if it cannot determine if substantial prejudice would result to any person because of the delay.

A member or panel can proceed with two or more complaints together even if it is determined that doing so would be unfair or unreasonable.

A panel can require parties to attend a pre-hearing conference to discuss issues relating to a complaint.

A panel can legally mandate that a party provide an address for service or delivery of notices and orders.

The tribunal is required to provide written reasons for all decisions made related to complaints, but not for decisions made on other matters.

A religious organization that only helps people of a specific faith is allowed to discriminate against people of other faiths because of their religion.

It is permissible to publish an employment ad that explicitly prefers candidates of a specific age if the age preference is a bona fide occupational requirement.

An employer can legally pay a female employee less than a male employee for work that is considered "similar or substantially similar" based on the level of skill, effort, and responsibility required.

A landlord is exempt from the Code's provisions prohibiting discrimination against those with disabilities if they rent exclusively to people with disabilities and the rental unit is designed to accommodate their specific needs.

A landlord is exempt from the Code's provisions prohibiting discrimination based on family status when renting a space to someone who will be sharing the use of sleeping, bathroom, or cooking facilities with the person making the representation.

A landlord who rents units exclusively to people over 55 years of age is exempt from the code's provisions prohibiting discrimination based on age.

A religious organization can legally discriminate against people of other faiths when providing services due to their religious beliefs.

Information received during settlement attempts of a complaint is considered privileged and cannot be disclosed under any circumstances.

Discrimination based on a person's lawful source of income is prohibited under the Code in relation to tenancy.

A panel can dismiss a complaint if the alleged discriminatory act occurred more than one year prior to the complaint filing date.