C-12 - Charter of human rights and freedoms

Section 97 Disposition versions

1996-06-13

97. The Government, by regulation,

(1)  (subparagraph repealed);

(2)  may fix the criteria, norms, scales, conditions or modalities applicable for the devising, implementation or carrying out of affirmative action programs, define their limits and determine anything necessary or useful for those purposes;

(3)  shall prescribe the procedure for the recruitment and selection of persons apt for designation to the function of arbitrator or appointment to the function of assessor with the Human Rights Tribunal.

The regulation made under subparagraph 3 of the first paragraph shall, among other things,

(1)  determine the minimum proportion of advocates that must be maintained on the panel provided for in the third paragraph of section 62;

(2)  determine the forms of publicity that must be used for the purpose of establishing such panel;

(3)  determine the manner in which a person may apply;

(4)  authorize the Minister of Justice to form a selection committee charged with evaluating the aptitude of applicants and advising him as to applicants and to fix the composition and mode of appointment of the members of the committee;

(5)  determine the criteria of selection on which the committee is to base its decisions, the information it may require of applicants and the consultations it may make;

(6)  prescribe that the panel of persons apt for designation to the function of arbitrator or appointment to the function of assessor with the Human Rights Tribunal be recorded in a register established for that purpose at the Ministère de la Justice.

The members of a selection committee receive no remuneration except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to reimbursement for expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1982, c. 61, s. 21; 1989, c. 51, s. 14; 1996, c. 10, s. 3.

1990-06-27

97. The Government, by regulation,

(1)  may fix the actuarial data and the risk determining factors that are non-discriminatory under an insurance or pension contract, a social benefits plan or a retirement, pension or insurance plan, or a public pension or public insurance plan, determine in which cases and according to what kind of contract or plan the data and factors are deemed non-discriminatory, and make, for the purposes of those contracts and plans, every provision incident to the application of the principle of non-discrimination and the rules relating to the notion of spouse;

(2)  may fix the criteria, norms, scales, conditions or modalities applicable for the devising, implementation or carrying out of affirmative action programs, define their limits and determine anything necessary or useful for those purposes;

(3)  shall prescribe the procedure for the recruitment and selection of persons apt for designation to the function of arbitrator or appointment to the function of assessor with the Human Rights Tribunal.

The regulation made under subparagraph 3 of the first paragraph shall, among other things,

(1)  determine the minimum proportion of advocates that must be maintained on the panel provided for in the third paragraph of section 62;

(2)  determine the forms of publicity that must be used for the purpose of establishing such panel;

(3)  determine the manner in which a person may apply;

(4)  authorize the Minister of Justice to form a selection committee charged with evaluating the aptitude of applicants and advising him as to applicants and to fix the composition and mode of appointment of the members of the committee;

(5)  determine the criteria of selection on which the committee is to base its decisions, the information it may require of applicants and the consultations it may make;

(6)  prescribe that the panel of persons apt for designation to the function of arbitrator or appointment to the function of assessor with the Human Rights Tribunal be recorded in a register established for that purpose at the Ministère de la Justice.

The members of a selection committee receive no remuneration except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to reimbursement for expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1982, c. 61, s. 21; 1989, c. 51, s. 14.

1983-10-01

86.8. The Government may, by regulation,

(a)  fix the actuarial data and the risk determining factors that are non-discriminatory under an insurance or pension contract, a social benefits plan or a retirement, pension or insurance plan, or a public pension or public insurance plan, determine in which cases and according to what kind of contract or plan the data and factors are deemed non-discriminatory, and make, for the purposes of those contracts and plans, every provision incident to the application of the principle of non-discrimination and the rules relating to the notion of spouse;

(b)  fix the criteria, norms, scales, conditions or modalities applicable for the devising, implementation or carrying out of affirmative action programs, define their limits and determine anything necessary or useful for those purposes.

1982, c. 61, s. 21.