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Boards of Inquiry Regulations

made under Section 42 of the
Human Rights Act
R.S.N.S. 1989 c. 214
O.I.C. 91-1222 (October 15, 1991), N.S. Reg. 221/91

1 The Nova Scotia Human Rights Commission may, at any stage after the filing of a complaint, request the Chief Judge of the Provincial Court to nominate a person or persons for appointment by the Commission to a Human Rights Board of Inquiry to inquire into the complaint if the Commission is satisfied that, having regard to all circumstances of the complaint, an inquiry thereinto is warranted.

2 In the event of the absence or incapacity of the Chief Judge of the Provincial Court, the Governor in Council may authorize a judge of the Provincial Court to exercise and perform all the powers and duties of the Chief Judge of the Provincial Court as set out in these regulations.

3 Upon receipt of a request from the Nova Scotia Human Rights Commission, the Chief Judge of the Provincial Court shall nominate a person or more than one person for appointment by the Commission to a Board of Inquiry to inquire into the complaint to which the request relates.

4 Where the Chief Judge nominates more than one member, the Chief Judge of the Provincial Court shall nominate one of the members to be the Chair of the Board of Inquiry.

5 Upon receipt of a nomination from the Chief Judge of the Provincial Court, the Nova Scotia Human Rights Commission may, for any valid reason, reject the nomination and so notify the Chief Judge in writing.

6 Upon receipt of a rejection of a nomination, the Chief Judge shall nominate another person in that person's place.

7 In relation to a hearing before a Board of Inquiry, a Board of Inquiry may receive and accept such evidence and other information, whether on oath or affidavit or otherwise, as the Board of Inquiry sees fit, whether or not such evidence or information is or would be admissible in a court of law; notwithstanding, however, a Board of Inquiry may not receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

8 A hearing of the Board of Inquiry shall be public, but a Board of Inquiry may exclude members of the public during the whole or any part of the hearing if it considers such exclusion to be in the public interest.

9 The nomination by the Chief Judge of the Provincial Court of a Board of Inquiry shall be set out in Form 1 for a one member Board of Inquiry or in Form 2 for a three member Board of Inquiry.

Form 1 - One Member Board of Inquiry
Nomination for Appointment to a Human Rights Board of Inquiry
The Nova Scotia Human Rights Act
R.S.N.S. 1989, c. 214

Pursuant to the Regulations Respecting Boards of Inquiry made under the Human Rights Act, and a request received from the Nova Scotia Human Rights Commission dated the ____ day of _____________, 19___, I hereby nominate _______________, of ___________, in the Province of Nova Scotia for appointment by the Nova Scotia Human Rights Commission to a Human Rights Board of Inquiry to inquire into the complaint of _______________________, dated _____________, 19__, against _____________________________, being the complaint to which the request relates.

Dated at ___________, Province of Nova Scotia, the ____ day of __________, 19__.

_______________________________
Chief Judge of the Provincial Court

Form 2 - Three Member Board of Inquiry
Nomination for Appointment to a Human Rights Board of Inquiry
The Nova Scotia Human Rights Act
R.S.N.S. 1989, c. 214

Pursuant to the Regulations Respecting Boards of Inquiry made under the Human Rights Act, and a request received from the Nova Scotia Human Rights Commission dated the __ day of ___________, 19__, I hereby nominate ____________________, Chair, of _____________, in the Province of Nova Scotia; ____________________, of ___________, in the Province of Nova Scotia; and ________________________, of ___________, in the Province of Nova Scotia, for appointment by the Nova Scotia Human Rights Commission to a Human Rights Board of Inquiry to inquire into the complaint of ______________________, dated ___________, 19__, against ________________________, being the complaint to which the request relates.

Dated at __________, Province of Nova Scotia, this ____ day of __________, 19__.

_______________________________
Chief Judge of the Provincial Court