s.34 — Application by person

34 (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2, (a) within one year after the incident to which the application relates; or (b) if there was a series of incidents, within one year after the last incident in the series. (2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay. (3) An application under subsection (1) shall be in a form approved by the Tribunal. (4) Two or more persons who are each entitled to make an application under subsection (1) may file the applications jointly, subject to any provision in the Tribunal rules that authorizes the Tribunal to direct that one or more of the applications be considered in a separate proceeding. (5) A person or organization, other than the Commission, may apply on behalf of another person to the Tribunal for an order under section 45.2 if the other person, (a) would have been entitled to bring an application under subsection (1); and (b) consents to the application. (6) If a person or organization makes an application on behalf of another person, the person or organization may participate in the proceeding in accordance with the Tribunal rules. (7) A consent under clause (5) (b) shall be in a form specified in the Tribunal rules. (8) An application under subsection (5) shall be made within the time period required for making an application under subsection (1). (9) Subsections (2) and (3) apply to an application made under subsection (5). (10) An application under subsection (5) may be withdrawn by the person on behalf of whom the application is made in accordance with the Tribunal rules. (11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if, (a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or (b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled. (12) For the purpose of subsection (11), a proceeding or issue has not been finally determined if a right of appeal exists and the time for appealing has not expired.