Application to Dismiss Complaint: Complaint Involves a Federally Regulated Matter

Information Sheet DA1

The Tribunal may dismiss a complaint under s. 27(1)(a) of the Code if it determines that the complaint is not within its jurisdiction.

Conditions for dismissal: section 27(1)(a) of the Human Rights Code

For the Tribunal to dismiss a complaint about a federally-regulated matter under s. 27(1)(a) of the Code, you must show:

The complaint is outside the Tribunal’s jurisdiction because it is about a federally-regulated matter.

Note: Such complaints are within the jurisdiction of the Canadian Human Rights Commission, which has its own process for dealing with discrimination complaints.

Information about federally-regulated matters

Under the Canadian constitution, the federal or provincial governments may have the power to regulate certain matters. Most businesses and organizations operating in British Columbia are regulated by provincial laws.

It does not matter whether a company is incorporated federally or provincially.

What matters is whether the company’s business is regulated by federal laws.

Federally-regulated matters include:

  • Air transportation
  • Interprovincial or international transportation companies
  • Telephone and cable systems
  • Radio and television broadcasting
  • Banks
  • Some First Nations matters

In a dismissal application, a respondent must provide information showing that they are federally-regulated.

For example, it is not enough to say that the respondent is an interprovincial trucking company. Instead, it must provide information showing that interprovincial trucking is a regular and continuous (but not necessarily a major) part of its business.

Similarly, it is not enough to say that First Nations individuals or organizations are involved; a respondent must show that its business or activities are federally regulated.