Complaint process
Time limit for filing a human rights complaint
There is a one year time limit for filing a complaint. The Tribunal may allow a complaint to be filed after the time limit.
Notice about Covid-19 Response
The government declared a state of emergency in BC on March 18, 2020 because of the COVID-19 pandemic. In this situation, people may need more time to file a complaint. If you file your complaint late because of the pandemic, explain this on your complaint form.
The one year time limit
For each respondent, a complaint is filed on time if:
- All the conduct happened in the one year before you filed the complaint. For example, you file your complaint on January 15, 2014. All the conduct happened on or after January 15, 2013.
- Some conduct happened in the one year 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 January 15, 2014. Some conduct happened on or after January 15, 2013. Similar or related conduct happened in November and December 2012.
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 one year time limit, you must persuade the Tribunal that:
- 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
- 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.