Do I Have a Complaint?

Complaint Form

When to File a Complaint

Who May File a Complaint

How to File a Complaint

More to Consider Before Filing a Complaint

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When to File a Complaint

A complaint under provincial jurisdiction:

  • To file a formal complaint of discrimination, the complaint must be filed within 6 months of the last incident.  All complaints must be filed with the BC Human Rights Tribunal.
  • The Tribunal has authority to extend this time limit if it determines pursuing thea complaint is in the public interest, and whether or not any of the other parties would be substanially prejudiced.

A complaint under federal jurisdiction:

  • To file a formal complaint of discrimination, the complaint must be filed within 12 months of the incident.   All formal complaints must be filed with the Canadian Human Rights Commission.
  • The Commission has the ability to extend this time limit in certain circumstances and considers the following factors: the reason for the delay and its length, whether the delay has made it difficult for the respondent to mount and present a defence, and whether pursuing the complaint would raise public policy issues.

Is my complaint covered under the federal or the provincial law? Click Here

Who May File a Complaint

A complaint under provincial jurisdiction:

  • Any individual who believes they have been subject to discriminatory conduct covered by the BC Human Rights Code may file a formal human rights complaint. Individuals may also authorize someone else to file a complaint on their behalf.
  • When discrimination happens to a child, or to someone who does not have sufficient mental or physical capacity, a parent or a legal guardian may file a complaint on their behalf. The Tribunal will want to be assured that the person you are filing on behalf of, wishes to proceed with the complaint.
  • Group or Class Actions. The Code allows an individual or group to file a complaint on behalf of others if they have the permission of the others, or if the Tribunal believes the complaint is in the interest of a class or group of persons.

A complaint under federal jurisdiction:

  • Any individual or group of individuals who believe that a person has engaged in a discriminatory practice as covered by the Canadian Human Rights Act may file a formal human rights complaint.

Is my complaint covered under federal or provincial law? Click Here

How to File a Complaint

A complaint under provincial jurisdiction:

  • The BC Human Rights Tribunal has a formal complaint form that should be used. Once completed, you must file this form with the Tribunal and can do so by hand delivery, mail, fax or email.
  • To obtain a complaint form, contact the Tribunal directly or visit their website for an online version. You can also visit any local Government Agent office across the province which has online access to all forms and user guides.  Government Agent staff can also assist you in completing and filing the required forms.
  • The Tribunal has a user guide “Make a Complaint” to help you understand how to fill out the complaint form properly. Should you require further assistance please contact the Human Rights Clinic at the numbers listed on the side of this page.

    The BC Human Rights Tribunal
    1170-605 Robson St 
    Vancouver, BC V6B5J3
    Tel: 604.775.2000
    Fax: 604.775.2020
    Toll Free: 1.888.440.8844
    TTY: 604.775.2021

    www.bchrt.bc.ca

    Check for a Government Agent Office near you: www.governmentagents.gov.bc.ca

A complaint under federal jurisdiction:

  • A formal complaint can be initiated by contacting the Canadian Human Rights Commission. The Canadian Commission has a Vancouver office that may be reached at:

    Canadian Human Rights Commission
    British Columbia and Yukon Region
    Suite 1645 - 9700 Jasper Avenue 
    Edmonton, Alberta T5J4C3 
    Tel: 780-495-4040 
    Fax: 780-495-4044 
    TTY: 1.888.643.3304
    Regional Offices: 1.800.999.6899

    www.chrc-ccdp.ca

More to Consider Before Filing a Complaint

 

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