Time Limit for Filing a Human Rights Complaint

There is a 6 month time limit for filing a complaint. The Tribunal may allow a complaint to be filed after the time limit.

The 6 month time limit

For each respondent, a complaint is filed on time if:

  • All the conduct happened in the 6 months before you filed the complaint.

    For example, you file your complaint on July 15, 2014. All the conduct happened on or after January 15, 2014.

  • Some conduct happened in the 6 months before you filed the complaint and is part of a “continuing contravention” with earlier conduct.

A “continuing contravention” is about conduct that is related or similar, so long as there are not significant gaps of time between events.

For example, you file your complaint on July 15, 2014. Some conduct happened on or after January 15, 2014. Similar or related conduct happened in November and December 2013.

You must give information in the complaint form about when the conduct happened and whether you believe your complaint is filed in time.

Complaints after the time limit

If all or part of your complaint was filed after the 6 month time limit, you must persuade the Tribunal that:

  1. It is in the public interest to accept your complaint.

For example, the Tribunal may consider

  • Your reasons for the delay and length of the delay
  • Whether the complaint raises an issue that the Tribunal has not had a chance to address
  1. No one will be substantially prejudiced by the delay in filing.

For example, the Tribunal may consider

  • The length of the delay
  • Whether the delay may result in a serious unfairness to the respondent

The complaint form asks for information to show why the Tribunal should accept a late-filed complaint.