Human Rights Code
Human Rights Code, R.S.O. 1990, c. H.19
Bills that amended this Act12
- Bill 127amend
Human Rights Code Amendment Act (Genetic Characteristics), 2013
“2ND SESSION, 40TH LEGISLATURE, ONTARIO 62 ELIZABETH II, 2013 2e SESSION, 40e LÉGISLATURE, ONTARIO 62 ELIZABETH II, 2013 Bill 127 Projet de loi 127 An Act to amend the Human Rights Code with respect to genetic characteristics Loi modifiant le Code des droits de la personne en ce qui a trait aux caractéristiques génétiques Mr.”
- Bill 129amend
Human Rights Code Amendment Act (Genetic Characteristics), 2015
“1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 1re SESSION, 41e LÉGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill 129 Projet de loi 129 An Act to amend the Human Rights Code with respect to genetic characteristics Loi modifiant le Code des droits de la personne en ce qui a trait aux caractéristiques génétiques Mr.”
- Bill 147amend
Human Rights Code Amendment Act (Awarding of Costs), 2013
“The Human Rights Code is amended to provide for the awarding of costs by the Human Rights Tribunal of Ontario.”
- Bill 164amend
Human Rights Code Amendment Act, 2017
“2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 164 An Act to amend the Human Rights Code with respect to immigration status, genetic characteristics, police records and social conditions Mme N.”
- Bill 183amend
Strengthening Human Rights in Ontario Act, 2020
“Horwath Private Member’s Bill 1st Reading March 11, 2020 2nd Reading 3rd Reading Royal Assent -- 1 of 2 -- Bill 183 2020 An Act to amend the Human Rights Code with respect to measures to strengthen the Ontario Human Rights Commission’s independence Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Section 29 of the Human …”
- Bill 199amend
Human Rights Code Amendment Act (Genetic Characteristics), 2011
“2ND SESSION, 39 TH LEGISLATURE, ONTARIO 60 ELIZABETH II, 2011 2e SESSION, 39e LÉGISLATURE, ONTARIO 60 ELIZABETH II, 2011 Bill 199 Projet de loi 199 An Act to amend the Human Rights Code with respect to genetic characteristics Loi modifiant le Code des droits de la personne en ce qui a trait aux caractéristiques génétiques Mr.”
- Bill 30amend
Human Rights Code Amendment Act (Genetic Characteristics), 2016
“2 ND SESSION, 41 ST LEGISLATURE, ONTARIO 65 ELIZABETH II, 2016 2 e SESSION, 41 e LÉGISLATURE, ONTARIO 65 ELIZABETH II, 2016 Bill 30 Projet de loi 30 An Act to amend the Human Rights Code with respect to genetic characteristics Loi modifiant le Code des droits de la personne en ce qui a trait aux caractéristiques génétiques Co-sponsors: Mr.”
- Bill 33amend
Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012
“1 ST SESSION, 40TH LEGISLATURE, ONTARIO 61 ELIZABETH II, 2012 1re SESSION, 40e LÉGISLATURE, ONTARIO 61 ELIZABETH II, 2012 Bill 33 Projet de loi 33 (Chapter 7 Statutes of Ontario, 2012) (Chapitre 7 Lois de l’Ontario de 2012) An Act to amend the Human Rights Code with respect to gender identity and gender expression Loi modifiant le Code des droits de la personne en ce qui concerne l’identité sexuel…”
- Bill 35amend
Human Rights Code Amendment Act, 2018
“1ST SESSION, 42ND LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 35 An Act to amend the Human Rights Code with respect to immigration status, genetic characteristics, police records and social conditions Mrs.”
- Bill 40amend
Human Rights Code Amendment Act (Genetic Characteristics), 2018
“1ST SESSION, 42ND LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 40 An Act to amend the Human Rights Code with respect to genetic characteristics Miss C.”
- Bill 70amend
Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity, 2010
“2 ND SESSION, 39 TH LEGISLATURE, ONTARIO 59 ELIZABETH II, 2010 2e SESSION, 39e LÉGISLATURE, ONTARIO 59 ELIZABETH II, 2010 Bill 70 Projet de loi 70 An Act to amend the Human Rights Code respecting gender identity Loi modifiant le Code des droits de la personne en ce qui concerne l’identité de genre Ms DiNovo M me DiNovo Private Member’s Bill Projet de loi de député 1st Reading May 17, 2010 2nd Read…”
- Bill 89amend
Protecting Ontario's Religious Diversity Act, 2022
“Oosterhoff Private Member’s Bill 1st Reading March 1, 2022 2nd Reading 3rd Reading Royal Assent -- 1 of 2 -- Bill 89 2022 An Act to amend the Human Rights Code with respect to religious expression Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Section 1 of the Human Rights Code is amended by adding “religious expressio…”
Sections192
- [s0]Preamble
Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations; And Whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province; And Whereas these principles have been confirmed in Ontario by a number of enactments of the Legislature and it is desirable to revise and extend the protect…
- [s1]
PART I FREEDOM FROM DISCRIMINATION
- PART I FREEDOM FROM DISCRIMINATION
- 1Services
1 Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1); 2012, c. 7, s. 1. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (1) - 01/03/2000 2001, c. 32, s. 27 (1) - 07/02/2002 2005, c. 5, s. 32 (1) - 09/03/2005 2012, c. 7, s. 1 - 19/06/2012
- 1.
- 2Accommodation
2 (1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (1); 1999, c. 6, s. 28 (2); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (2); 2012, c. 7, s. 2 (1). Harassment in accommodation (2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance. R.S.O…
- 2.
- 3Contracts
3 Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 3; 1999, c. 6, s. 28 (4); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (4); 2012, c. 7, s. 3. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (4) - 01/03/2000 2001, c. 32, s. 27 (1) - 07/02/2002 2005, c. 5, s. 32 (4) - 09/03/2005 2012, c. 7, s. 3 - 19/06/2012
- 3.
- 4Accommodation of person under eighteen
4 (1) Every sixteen or seventeen year old person who has withdrawn from parental control has a right to equal treatment with respect to occupancy of and contracting for accommodation without discrimination because the person is less than eighteen years old. R.S.O. 1990, c. H.19, s. 4 (1). Idem (2) A contract for accommodation entered into by a sixteen or seventeen year old person who has withdrawn from parental control is enforceable against that person as if the person were eighteen years old. R.S.O. 1990, c. H.19, s. 4 (2).
- 4.
- 5Employment
5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 5 (1); 1999, c. 6, s. 28 (5); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (5); 2012, c. 7, s. 4 (1). Harassment in employment (2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 5 (2); 1999, c. 6, s. 28 (6); 2001, c. …
- 5.
- 6Vocational associations
6 Every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 6; 1999, c. 6, s. 28 (7); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (7); 2012, c. 7, s. 5. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (7) - 01/03/2000 2001, c. 32, s. 27 (1) - 07/02/2002 2005, c. 5, s. 32 (7) - 09/03/2005 2012, c. 7, s. 5 - 19/06/2012 Sexual harassment
- 6.
- 7Harassment because of sex in accommodation
7 (1) Every person who occupies accommodation has a right to freedom from harassment because of sex, sexual orientation, gender identity or gender expression by the landlord or agent of the landlord or by an occupant of the same building. R.S.O. 1990, c. H.19, s. 7 (1); 2012, c. 7, s. 6 (1). Harassment because of sex in workplaces (2) Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or agent of the employer or by another employee. R.S.O. 1990, c. H.19, s. 7 (2); 2012, c. 7, s. 6 (2). Sexual solicitation by a person in position to confer benefit, etc. (3) Every person has a right to be free from, (a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the so…
- 7.
- 8Reprisals
8 Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. R.S.O. 1990, c. H.19, s. 8.
- 8.
- 9Infringement prohibited
9 No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part. R.S.O. 1990, c. H.19, s. 9.
- 9.
- [s11]
PART II INTERPRETATION AND APPLICATION
- PART II INTERPRETATION AND APPLICATION
- 10Definitions re: Parts I and II
10 (1) In Part I and in this Part, “age” means an age that is 18 years or more; (“âge”) “disability” means, (a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, (b) a condition of mental impairment or a developmental disability, (c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, (d) a mental disorder, or (e) an injury or disability for which b…
- 10.
- 11Constructive discrimination
11 (1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where, (a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or (b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right. R.S.O. 1990, c. H.19, s. 11 (1). Idem (2) The Tribunal or a court shall not find that a requirement, qualification or factor is reasonable and bona fide in the circumstances unless it is satisfied that the needs of the group of which the person is a member cannot be accommodated without undue hardship on the person …
- 11.
- 12Discrimination because of association
12 A right under Part I is infringed where the discrimination is because of relationship, association or dealings with a person or persons identified by a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 12.
- 12.
- 13Announced intention to discriminate
13 (1) A right under Part I is infringed by a person who publishes or displays before the public or causes the publication or display before the public of any notice, sign, symbol, emblem, or other similar representation that indicates the intention of the person to infringe a right under Part I or that is intended by the person to incite the infringement of a right under Part I. R.S.O. 1990, c. H.19, s. 13 (1). Opinion (2) Subsection (1) shall not interfere with freedom of expression of opinion. R.S.O. 1990, c. H.19, s. 13 (2).
- 13.
- 14Special programs
14 (1) A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I. R.S.O. 1990, c. H.19, s. 14 (1). Application to Commission (2) A person may apply to the Commission for a designation of a program as a special program for the purposes of subsection (1). 2006, c. 30, s. 1. Designation by Commission (3) Upon receipt of an application, the Commission may, (a) designate the program as a special program if, in its opinion, the program meets the requirements of subsection (1); or (b) designate the program as a special program on the condition that the program make such modifications as are specified in the designation in order to m…
- 14.
- 14.1Repealed
14.1 Repealed: 1995, c. 4, s. 3 (1). Section Amendments with date in force (d/m/y) 1993, c. 35, s. 56 - 01/09/1994; 1995, c. 4, s. 3 (1) - 14/12/1995
- 15Age sixty-five or over
15 A right under Part I to non-discrimination because of age is not infringed where an age of sixty-five years or over is a requirement, qualification or consideration for preferential treatment. R.S.O. 1990, c. H.19, s. 15.
- 15.
- 16Canadian Citizenship
16 (1) A right under Part I to non-discrimination because of citizenship is not infringed where Canadian citizenship is a requirement, qualification or consideration imposed or authorized by law. R.S.O. 1990, c. H.19, s. 16 (1). Idem (2) A right under Part I to non-discrimination because of citizenship is not infringed where Canadian citizenship or lawful admission to Canada for permanent residence is a requirement, qualification or consideration adopted for the purpose of fostering and developing participation in cultural, educational, trade union or athletic activities by Canadian citizens or persons lawfully admitted to Canada for permanent residence. R.S.O. 1990, c. H.19, s. 16 (2). Idem (3) A right under Part I to non-discrimination because of citizenship is not infringed where Canadian citizenship or domicile in Canada with the intention to obtain Canadian citizenship is a requirem…
- 16.
- 17Disability
17 (1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability. R.S.O. 1990, c. H.19, s. 17 (1); 2001, c. 32, s. 27 (5). Accommodation (2) No tribunal or court shall find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. R.S.O. 1990, c. H.19, s. 17 (2); 1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 3 (1); 2006, c. 30, s. 2 (1). Determining if undue hardship (3) In determining for the purposes of subsection (2) whether there would be undue hardship, a tribunal or court shall consider any standards …
- 17.
- 18Special interest organizations
18 The rights under Part I to equal treatment with respect to services and facilities, with or without accommodation, are not infringed where membership or participation in a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by a prohibited ground of discrimination is restricted to persons who are similarly identified. R.S.O. 1990, c. H.19, s. 18; 2006, c. 19, Sched. B, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. B, s. 10 - 22/06/2006
- 18.
- 18.1Solemnization of marriage by religious officials
18.1 (1) The rights under Part I to equal treatment with respect to services and facilities are not infringed where a person registered under section 20.1 or section 20.3 of the Marriage Act refuses to solemnize a marriage, to allow a sacred place to be used for solemnizing a marriage or for an event related to the solemnization of a marriage, or to otherwise assist in the solemnization of a marriage, if to solemnize the marriage, allow the sacred place to be used or otherwise assist would be contrary to, (a) the person’s religious beliefs; or (b) the doctrines, rites, usages or customs of the religious body to which the person belongs. 2005, c. 5, s. 32 (11); 2020, c. 11, Sched. 17, s. 6. Same (2) Nothing in subsection (1) limits the application of section 18. 2005, c. 5, s. 32 (11). Definition (3) In this section, “sacred place” includes a place of worship and any ancillary or accessor…
- 19.
- 19Separate school rights preserved
19 (1) This Act shall not be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act. R.S.O. 1990, c. H.19, s. 19 (1). Duties of teachers (2) This Act does not apply to affect the application of the Education Act with respect to the duties of teachers. R.S.O. 1990, c. H.19, s. 19 (2).
- 20.
- 20Restriction of facilities by sex
20 (1) The right under section 1 to equal treatment with respect to services and facilities without discrimination because of sex is not infringed where the use of the services or facilities is restricted to persons of the same sex on the ground of public decency. R.S.O. 1990, c. H.19, s. 20 (1). Minimum drinking age (2) The right under section 1 to equal treatment with respect to services, goods and facilities without discrimination because of age is not infringed by the provisions of the Liquor Licence and Control Act, 2019 and the regulations under it relating to providing for and enforcing a minimum drinking age of nineteen years. R.S.O. 1990, c. H.19, s. 20 (2); 2019, c. 15, Sched. 22, s. 95. Recreational clubs (3) The right under section 1 to equal treatment with respect to services and facilities is not infringed where a recreational club restricts or qualifies access to its servi…
- 21.
- 21Shared accommodation
21 (1) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination is not infringed by discrimination where the residential accommodation is in a dwelling in which the owner or his or her family reside if the occupant or occupants of the residential accommodation are required to share a bathroom or kitchen facility with the owner or family of the owner. R.S.O. 1990, c. H.19, s. 21 (1). Restrictions on accommodation, sex (2) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination because of sex is not infringed by discrimination on that ground where the occupancy of all the residential accommodation in the building, other than the accommodation, if any, of the owner or family of the owner, is restricted to persons who are of the same sex. R.S.O. 1990, c…
- 22.
- 22Restrictions for insurance contracts, etc.
22 The right under sections 1 and 3 to equal treatment with respect to services and to contract on equal terms, without discrimination because of age, sex, marital status, family status or disability, is not infringed where a contract of automobile, life, accident or sickness or disability insurance or a contract of group insurance between an insurer and an association or person other than an employer, or a life annuity, differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of age, sex, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 22; 1999, c. 6, s. 28 (10); 2001, c. 32, s. 27 (5); 2005, c. 5, s. 32 (13). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (10) - 01/03/2000 2001, c. 32, s. 27 (5) - 07/02/2002 2005, c. 5, s. 32 (13) - 09/03/2005
- 23.
- 23Employment
23 (1) The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 23 (1). Application for employment (2) The right under section 5 to equal treatment with respect to employment is infringed where a form of application for employment is used or a written or oral inquiry is made of an applicant that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 23 (2). Questions at interview (3) Nothing in subsection (2) precludes the asking of questions at a personal employment interview concerning a prohibited ground of discrimination where discrim…
- 24.
- 24Special employment
24 (1) The right under section 5 to equal treatment with respect to employment is not infringed where, (a) a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by their race, ancestry, place of origin, colour, ethnic origin, creed, sex, age, marital status or disability employs only, or gives preference in employment to, persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment; (b) the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment; (c) an individual person refuses to employ another for reasons of any prohi…
- 24.1Repealed
24.1 Repealed: 1995, c. 4, s. 3 (2). Section Amendments with date in force (d/m/y) 1993, c. 35, s. 56 - 01/09/1994; 1994, c. 27, s. 65 (5) - 17/04/1995; 1995, c. 4, s. 3 (2) - 14/12/1995
- 25.
- 25Employee benefit and pension plans
25 (1) The right under section 5 to equal treatment with respect to employment is infringed where employment is denied or made conditional because a term or condition of employment requires enrolment in an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and an employer, that makes a distinction, preference or exclusion on a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 25 (1). Same (2) The right under section 5 to equal treatment with respect to employment without discrimination because of sex, marital status or family status is not infringed by an employee superannuation or pension plan or fund or a contract of group insurance between an insurer and an employer that complies with the Employment Standards Act, 2000 and the regulations thereunder. R.S.O. 1990, c. H.19, s. 25 (2); 1999, c. 6, s. 28 (12); 2005, c. …
- 26.
- 26Discrimination in employment under government contracts
26 (1) It shall be deemed to be a condition of every contract entered into by or on behalf of the Crown or any agency thereof and of every subcontract entered into in the performance thereof that no right under section 5 will be infringed in the course of performing the contract. R.S.O. 1990, c. H.19, s. 26 (1). Idem: government grants and loans (2) It shall be deemed to be a condition of every grant, contribution, loan or guarantee made by or on behalf of the Crown or any agency thereof that no right under section 5 will be infringed in the course of carrying out the purposes for which the grant, contribution, loan or guarantee was made. R.S.O. 1990, c. H.19, s. 26 (2). Sanction (3) Where an infringement of a right under section 5 is found by the Tribunal upon a complaint and constitutes a breach of a condition under this section, the breach of condition is sufficient grounds for cancel…
- PART III THE ONTARIO HUMAN RIGHTS COMMISSION
- [s32]
Part III The ontario human rights commission
- 27.
- 27The Commission
27 (1) The Ontario Human Rights Commission is continued under the name Ontario Human Rights Commission in English and Commission ontarienne des droits de la personne in French. 2006, c. 30, s. 4. Composition (2) The Commission shall be composed of such persons as are appointed by the Lieutenant Governor in Council. 2006, c. 30, s. 4. Appointment (3) Every person appointed to the Commission shall have knowledge, experience or training with respect to human rights law and issues. 2006, c. 30, s. 4. Criteria (4) In the appointment of persons to the Commission under subsection (2), the importance of reflecting, in the composition of the Commission as a whole, the diversity of Ontario’s population shall be recognized. 2006, c. 30, s. 4. Chief Commissioner (5) The Lieutenant Governor in Council shall designate a member of the Commission as Chief Commissioner. 2006, c. 30, s. 4. Powers and duti…
- 28.
- 28Acting Chief Commissioner
28 (1) If the Chief Commissioner dies, resigns or is unable or neglects to perform his or her duties, the Lieutenant Governor in Council may appoint an Acting Chief Commissioner to hold office for such period as may be specified in the appointment. 2006, c. 30, s. 4. Same (2) An Acting Chief Commissioner shall perform the duties and have the powers of the Chief Commissioner and shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council. 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 29.
- 29Functions of Commission
29 The functions of the Commission are to promote and advance respect for human rights in Ontario, to protect human rights in Ontario and, recognizing that it is in the public interest to do so and that it is the Commission’s duty to protect the public interest, to identify and promote the elimination of discriminatory practices and, more specifically, (a) to forward the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination that is contrary to law; (b) to develop and conduct programs of public information and education to, (i) promote awareness and understanding of, respect for and compliance with this Act, and (ii) prevent and eliminate discriminatory practices that infringe rights under Part I; (c) to undertake, direct and encourage research into discriminatory practices and to make recommendations des…
- 30.
- 30Commission policies
30 The Commission may approve policies prepared and published by the Commission to provide guidance in the application of Parts I and II. 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 31.
- 31Inquiries
31 (1) The Commission may conduct an inquiry under this section for the purpose of carrying out its functions under this Act if the Commission believes it is in the public interest to do so. 2006, c. 30, s. 4. Conduct of inquiry (2) An inquiry may be conducted under this section by any person who is appointed by the Commission to carry out inquiries under this section. 2006, c. 30, s. 4. Production of certificate (3) A person conducting an inquiry under this section shall produce proof of their appointment upon request. 2006, c. 30, s. 4. Entry (4) A person conducting an inquiry under this section may, without warrant, enter any lands or any building, structure or premises where the person has reason to believe there may be documents, things or information relevant to the inquiry. 2006, c. 30, s. 4. Time of entry (5) The power to enter a place under subsection (4) may be exercised only d…
- PART IV ENFORCEMENT
- 31.1Search warrant
31.1 (1) The Commission may authorize a person to apply to a justice of the peace for a warrant to enter a place and conduct a search of the place if, (a) a person conducting an inquiry under section 31 has been denied entry to any place or asked to leave a place before concluding a search; (b) a person conducting an inquiry under section 31 made a request for documents or things and the request was refused; or (c) an inquiry under section 31 is otherwise obstructed or prevented. 2006, c. 30, s. 4. Same (2) Upon application by a person authorized under subsection (1) to do so, a justice of the peace may issue a warrant under this section if he or she is satisfied on information under oath or affirmation that the warrant is necessary for the purposes of carrying out the inquiry under section 31. 2006, c. 30, s. 4. Powers (3) A warrant obtained under subsection (2) may authorize a person n…
- 32.
- PART III THE ONTARIO HUMAN RIGHTS COMMISSION #38
- 27. #39
- 31.2Evidence used in Tribunal proceedings
31.2 Despite any other Act, evidence obtained on an inquiry under section 31 or 31.1 may be received into evidence in a proceeding before the Tribunal. 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 33.
- 28. #40
- 31.3Anti-Racism Secretariat
31.3 (1) The Chief Commissioner directs the Anti-Racism Secretariat which shall be established in accordance with subsection (2). 2006, c. 30, s. 4. Composition (2) The Anti-Racism Secretariat shall be composed of not more than six persons appointed by the Lieutenant Governor in Council on the advice of the Chief Commissioner. 2006, c. 30, s. 4. Remuneration (3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of the members of the Anti-Racism Secretariat. 2006, c. 30, s. 4. Functions of the Secretariat (4) At the direction of the Chief Commissioner, the Anti-Racism Secretariat shall, (a) undertake, direct and encourage research into discriminatory practices that infringe rights under Part I on the basis of racism or a related ground and make recommendations to the Commission designed to prevent and eliminate such discriminatory practices; (b) facili…
- 34.
- 29. #41
- 31.4Disability Rights Secretariat
31.4 (1) The Chief Commissioner directs the Disability Rights Secretariat which shall be established in accordance with subsection (2). 2006, c. 30, s. 4. Composition (2) The Disability Rights Secretariat shall be composed of not more than six persons appointed by the Lieutenant Governor in Council on the advice of the Chief Commissioner. 2006, c. 30, s. 4. Remuneration (3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of the members of the Disability Rights Secretariat. 2006, c. 30, s. 4. Functions of the Secretariat (4) At the direction of the Chief Commissioner, the Disability Rights Secretariat shall, (a) undertake, direct and encourage research into discriminatory practices that infringe rights under Part I on the basis of disability and make recommendations to the Commission designed to prevent and eliminate such discriminatory practices; (b…
- 35.
- 30. #42
- 31.5Advisory groups
31.5 The Chief Commissioner may establish such advisory groups as he or she considers appropriate to advise the Commission about the elimination of discriminatory practices that infringe rights under this Act. 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 36.
- 31. #43
- 31.6Annual report
31.6 (1) Every year, the Commission shall prepare an annual report on the affairs of the Commission that occurred during the 12-month period ending on March 31 of each year. 2006, c. 30, s. 4. Report to Speaker (2) The Commission shall submit the report to the Speaker of the Assembly no later than on June 30 in each year who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. 2006, c. 30, s. 4. Copy to Minister (3) The Commission shall give a copy of the report to the Minister at least 30 days before it is submitted to the Speaker under subsection (2). 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 37.
- 31.7Other reports
31.7 In addition to the annual report, the Commission may make any other reports respecting the state of human rights in Ontario and the affairs of the Commission as it considers appropriate, and may present such reports to the public or any other person it considers appropriate. 2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
- 38.
- [s45]
part iv human rights tribunal of ontario
- 39.
- 32Tribunal
32 (1) The Tribunal known as the Human Rights Tribunal of Ontario in English and Tribunal des droits de la personne de l’Ontario in French is continued. 2006, c. 30, s. 5. Composition (2) The Tribunal shall be composed of such members as are appointed by the Lieutenant Governor in Council in accordance with the selection process described in subsection (3). 2006, c. 30, s. 5. Selection process (3) The selection process for the appointment of members of the Tribunal shall be a competitive process and the criteria to be applied in assessing candidates shall include the following: 1. Experience, knowledge or training with respect to human rights law and issues. 2. Aptitude for impartial adjudication. 3. Aptitude for applying the alternative adjudicative practices and procedures that may be set out in the Tribunal rules. 2006, c. 30, s. 5. Remuneration (4) The members of the Tribunal shall b…
- 40.
- 33Panels
33 (1) The chair of the Tribunal may appoint panels composed of one or more members of the Tribunal to exercise and perform the powers and duties of the Tribunal. 2006, c. 30, s. 5. Person designated to preside over panel (2) If a panel of the Tribunal holds a hearing, the chair of the Tribunal shall designate one member of the panel to preside over the hearing. 2006, c. 30, s. 5. (3) Repealed: 2024, c. 28, Sched. 25, s. 6. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (7) - no effect - see 2006, c. 30, s. 5 - 30/06/2008; 1994, c. 27, s. 65 (8, 9) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008 2024, c. 28, Sched. 25, s. 6 - 01/07/2025
- 41.
- 34Application 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. 2006, c. 30, s. 5. Late applications (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. 2006, c. 30, s. 5. Form (3) An application under subsection (1) shall be in a form approved by the Tribunal. 2006, c. 30, s. 5. Two or more persons (4) Two or more persons who are each entitled to make an application under subsection (1) may file the applications jointly, subject…
- 35Application by Commission
35 (1) The Commission may apply to the Tribunal for an order under section 45.3 if the Commission is of the opinion that, (a) it is in the public interest to make an application; and (b) an order under section 45.3 could provide an appropriate remedy. 2006, c. 30, s. 5. Form (2) An application under subsection (1) shall be in a form approved by the Tribunal. 2006, c. 30, s. 5. Effect of application (3) An application made by the Commission does not affect the right of a person to make an application under section 34 in respect of the same matter. 2006, c. 30, s. 5. Applications dealt with together (4) If a person or organization makes an application under section 34 and the Commission makes an application under this section in respect of the same matter, the two applications shall be dealt with together in the same proceeding unless the Tribunal determines otherwise. 2006, c. 30, s. 5. S…
- 42.
- 36Parties
36 The parties to an application under section 34 or 35 are the following: 1. In the case of an application under subsection 34 (1), the person who made the application. 2. In the case of an application under subsection 34 (5), the person on behalf of whom the application is made. 3. In the case of an application under section 35, the Commission. 4. Any person against whom an order is sought in the application. 5. Any other person or the Commission, if they are added as a party by the Tribunal. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (12, 13) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008
- 43.
- 37Intervention by Commission
37 (1) The Commission may intervene in an application under section 34 on such terms as the Tribunal may determine having regard to the role and mandate of the Commission under this Act. 2006, c. 30, s. 5. Intervention as a party (2) The Commission may intervene as a party to an application under section 34 if the person or organization who made the application consents to the intervention as a party. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- 44.
- 38Disclosure of information to Commission
38 Despite anything in the Freedom of Information and Protection of Privacy Act, at the request of the Commission, the Tribunal shall disclose to the Commission copies of applications and responses filed with the Tribunal and may disclose to the Commission other documents in its custody or in its control. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (14) - 17/04/1995 2006, c. 30, s. 5 - 30/06/2008
- 45.
- 39Powers of Tribunal
39 The Tribunal has the jurisdiction to exercise the powers conferred on it by or under this Act and to determine all questions of fact or law that arise in any application before it. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (15-18) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008
- PART V GENERAL
- 40Disposition of applications
40 The Tribunal shall dispose of applications made under this Part by adopting the procedures and practices provided for in its rules or otherwise available to the Tribunal which, in its opinion, offer the best opportunity for a fair, just and expeditious resolution of the merits of the applications. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (19) - 17/04/1995 2006, c. 30, s. 5 - 30/06/2008
- 46.
- 41Interpretation of Part and rules
41 This Part and the Tribunal rules shall be liberally construed to permit the Tribunal to adopt practices and procedures, including alternatives to traditional adjudicative or adversarial procedures that, in the opinion of the Tribunal, will facilitate fair, just and expeditious resolutions of the merits of the matters before it. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (20, 21) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008
- 47.
- 41.1Repealed
41.1 Repealed: 1995, c. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 1993, c. 35, s. 56 - 01/09/1994; 1994, c. 27, s. 65 (22) - 17/04/1995; 1995, c. 4, s. 3 (3) - 14/12/1995
- 48.
- 42Statutory Powers Procedure Act
42 (1) The provisions of the Statutory Powers Procedure Act apply to a proceeding before the Tribunal unless they conflict with a provision of this Act, the regulations or the Tribunal rules. 2006, c. 30, s. 5. Conflict (2) Despite section 32 of the Statutory Powers Procedure Act, this Act, the regulations and the Tribunal rules prevail over the provisions of that Act with which they conflict. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (23) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008
- 43Tribunal rules
43 (1) The Tribunal may make rules governing the practice and procedure before it. 2006, c. 30, s. 5. Required practices and procedures (2) The rules shall ensure that the following requirements are met with respect to any proceeding before the Tribunal: 1. An application that is within the jurisdiction of the Tribunal shall not be finally disposed of without affording the parties an opportunity to make oral submissions in accordance with the rules. 2. An application may not be finally disposed of without written reasons. 2006, c. 30, s. 5. Same (3) Without limiting the generality of subsection (1), the Tribunal rules may, (a) provide for and require the use of hearings or of practices and procedures that are provided for under the Statutory Powers Procedure Act or that are alternatives to traditional adjudicative or adversarial procedures; (b) authorize the Tribunal to, (i) define or na…
- 44Tribunal inquiry
44 (1) At the request of a party to an application under this Part, the Tribunal may appoint a person to conduct an inquiry under this section if the Tribunal is satisfied that, (a) an inquiry is required in order to obtain evidence; (b) the evidence obtained may assist in achieving a fair, just and expeditious resolution of the merits of the application; and (c) it is appropriate to do so in the circumstances. 2006, c. 30, s. 5. Production of certificate (2) A person conducting an inquiry under this section shall produce proof of their appointment upon request. 2006, c. 30, s. 5. Entry (3) A person conducting an inquiry under this section may, without warrant, enter any lands or any building, structure or premises where the person has reason to believe there may be evidence relevant to the application. 2006, c. 30, s. 5. Time of entry (4) The power to enter a place under subsection (3) …
- 45Deferral of application
45 The Tribunal may defer an application in accordance with the Tribunal rules. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (23) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 5 - 30/06/2008
- 45.1Dismissal in accordance with rules
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- 45.2Orders of Tribunal: applications under s. 34
45.2 (1) On an application under section 34, the Tribunal may make one or more of the following orders if the Tribunal determines that a party to the application has infringed a right under Part I of another party to the application: 1. An order directing the party who infringed the right to pay monetary compensation to the party whose right was infringed for loss arising out of the infringement, including compensation for injury to dignity, feelings and self-respect. 2. An order directing the party who infringed the right to make restitution to the party whose right was infringed, other than through monetary compensation, for loss arising out of the infringement, including restitution for injury to dignity, feelings and self-respect. 3. An order directing any party to the application to do anything that, in the opinion of the Tribunal, the party ought to do to promote compliance with th…
- 45.3Orders of Tribunal: applications under s. 35
45.3 (1) If, on an application under section 35, the Tribunal determines that any one or more of the parties to the application have infringed a right under Part I, the Tribunal may make an order directing any party to the application to do anything that, in the opinion of the Tribunal, the party ought to do to promote compliance with this Act. 2006, c. 30, s. 5. Same (2) For greater certainty, an order under subsection (1) may direct a person to do anything with respect to future practices. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- 45.4Matters referred to Commission
45.4 (1) The Tribunal may refer any matters arising out of a proceeding before it to the Commission if, in the Tribunal’s opinion, they are matters of public interest or are otherwise of interest to the Commission. 2006, c. 30, s. 5. Same (2) The Commission may, in its discretion, decide whether to deal with a matter referred to it by the Tribunal. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- 45.5Documents published by Commission
45.5 (1) In a proceeding under this Part, the Tribunal may consider policies approved by the Commission under section 30. 2006, c. 30, s. 5. Same (2) Despite subsection (1), the Tribunal shall consider a policy approved by the Commission under section 30 in a proceeding under this Part if a party to the proceeding or an intervenor requests that it do so. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- 45.6Stated case to Divisional court
45.6 (1) If the Tribunal makes a final decision or order in a proceeding in which the Commission was a party or an intervenor, and the Commission believes that the decision or order is not consistent with a policy that has been approved by the Commission under section 30, the Commission may apply to the Tribunal to have the Tribunal state a case to the Divisional Court. 2006, c. 30, s. 5. Same (2) If the Tribunal determines that the application of the Commission relates to a question of law and that it is appropriate to do so, it may state the case in writing for the opinion of the Divisional Court upon the question of law. 2006, c. 30, s. 5. Parties (3) The parties to a stated case under this section are the parties to the proceeding referred to in subsection (1) and, if the Commission was an intervenor in that proceeding, the Commission. 2006, c. 30, s. 5. Submissions by Tribunal (4) T…
- 45.7Reconsideration of Tribunal decision
45.7 (1) Any party to a proceeding before the Tribunal may request that the Tribunal reconsider its decision in accordance with the Tribunal rules. 2006, c. 30, s. 5. Same (2) Upon request under subsection (1) or on its own motion, the Tribunal may reconsider its decision in accordance with its rules. 2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
- PART IV HUMAN RIGHTS TRIBUNAL OF ONTARIO
- 32. #68
- 45.8Decisions final
45.8 Subject to section 45.7 of this Act, section 21.1 of the Statutory Powers Procedure Act and the Tribunal rules, a decision of the Tribunal is final and not subject to appeal and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable. 2006, c. 30, s. 5; 2009, c. 33, Sched. 2, s. 35 (3). Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008 2009, c. 33, Sched. 2, s. 35 (3) - 15/12/2009
- 33. #69
- 45.9Settlements
45.9 (1) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, the settlement is binding on the parties. 2006, c. 30, s. 5. Consent order (2) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, the Tribunal may, on the joint motion of the parties, make an order requiring compliance with the settlement or any part of the settlement. 2006, c. 30, s. 5. Application where contravention (3) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (8), (a) within six months after the contravention to which the application relates; or (b) if there was a series of contraventions, with…
- [s70]
- 34. #70
- 45.10Repealed
45.10 Repealed: 2017, c. 34, Sched. 46, s. 20 (1). Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008 2017, c. 34, Sched. 46, s. 20 (1) - 01/01/2018
- [s71]
part iv.1 Human rights legal support centre
- 35. #71
- 36. #72
- 45.11Centre established
45.11 (1) A corporation without share capital is established under the name Human Rights Legal Support Centre in English and Centre d’assistance juridique en matière de droits de la personne in French. 2006, c. 30, s. 6. Membership (2) The members of the Centre shall consist of its board of directors. 2006, c. 30, s. 6. Not a Crown agency (3) The Centre is not an agent of the Crown nor a Crown agent for the purposes of the Crown Agency Act. 2006, c. 30, s. 6. Powers of natural person (4) The Centre has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act or the regulations and to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2006, c. 30, s. 6; 2023, c. 5, Sched. 2, s. 10. Independent from but accountable to Ontario (5) The Centre shall be independent from, but accountable to, the Governm…
- 37. #73
- 45.12Objects
45.12 The objects of the Centre are, (a) to establish and administer a cost-effective and efficient system for providing support services, including legal services, respecting applications to the Tribunal under Part IV; (b) to establish policies and priorities for the provision of support services based on its financial resources. 2006, c. 30, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006
- 38. #74
- 45.13Provision of support services
45.13 (1) The Centre shall provide the following support services: 1. Advice and assistance, legal and otherwise, respecting the infringement of rights under Part I. 2. Legal services in relation to, i. the making of applications to the Tribunal under Part IV, ii. proceedings before the Tribunal under Part IV, iii. applications for judicial review arising from Tribunal proceedings, iv. stated case proceedings, v. the enforcement of Tribunal orders. 3. Such other services as may be prescribed by regulation. 2006, c. 30, s. 6. Availability of services (2) The Centre shall ensure that the support services are available throughout the Province, using such methods of delivering the services as the Centre believes are appropriate. 2006, c. 30, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006
- 39. #75
- 45.14Board of directors
45.14 (1) The affairs of the Centre shall be governed and managed by its board of directors. 2006, c. 30, s. 6. Composition and appointment (2) The board of directors of the Centre shall consist of no fewer than five and no more than nine members appointed by the Lieutenant Governor in Council in accordance with the regulations. 2006, c. 30, s. 6. Appointment of Chair (3) A Chair designated by the Lieutenant Governor in Council will preside at meetings. 2006, c. 30, s. 6. Remuneration (4) The board of directors may be remunerated as determined by the Lieutenant Governor in Council. 2006, c. 30, s. 6. Duties (5) The board of directors of the Centre shall be responsible for furthering the objects of the Centre. 2006, c. 30, s. 6. Delegation (6) The board of directors may delegate any power or duty to any committee, to any member of a committee or to any officer or employee of the Centre. 2…
- 40. #76
- 45.15Government funding
45.15 (1) The Centre shall submit its annual budget to the Minister for approval every year in a manner and form, and at a time, specified in the regulations. 2006, c. 30, s. 6. Approved budget included in estimates (2) If approved by the Minister, the annual budget shall be submitted to Cabinet to be reviewed for inclusion in the estimates of the Ministry. 2006, c. 30, s. 6. Appropriation by Legislature (3) The money required for the purposes of this Act shall be paid out of such money as is appropriated therefor by the Legislature. 2006, c. 30, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006
- 41. #77
- 45.16Centre’s money not part of Consolidated Revenue Fund
45.16 The Centre’s money and investments do not form part of the Consolidated Revenue Fund and shall be used by the Centre in carrying out its objects. 2006, c. 30, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006
- 42. #78
- 45.17Fiscal year
45.17 The fiscal year of the Centre shall be from April 1 to March 31 of the following year. 2017, c. 34, Sched. 46, s. 20 (2). Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006 2017, c. 34, Sched. 46, s. 20 (2) - 01/01/2018
- [s79]
- 43. #79
- 45.17 #79Fiscal year
- 45.17.1Annual report
45.17.1 (1) The Centre shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Centre’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 20 (2). Same (2) The Centre shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 20 (2). Same (3) The Centre shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 20 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 20 (2) - 01/01/2018
- [s80]
- 44. #80
- 45.18Audit
45.18 (1) The Centre must ensure that its books of financial account are audited annually in accordance with generally accepted accounting principles and a copy of the audit is given to the Minister. 2006, c. 30, s. 6. Audit by Minister (2) The Minister has the right to audit the Centre at any time that the Minister chooses. 2006, c. 30, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 6 - 20/12/2006
- [s81]
PART V GENERAL
- 45. #81
- [s82]
- 46Definitions, general
46 In this Act, “Commission” means the Ontario Human Rights Commission; (“Commission”) “Minister” means the member of the Executive Council to whom the powers and duties of the Minister under this Act are assigned by the Lieutenant Governor in Council; (“ministre”) “person” in addition to the extended meaning given it by Part VI (Interpretation) of the Legislation Act, 2006, includes an employment agency, an employers’ organization, an unincorporated association, a trade or occupational association, a trade union, a partnership, a municipality, a board of police commissioners established under the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, and a police service board established under the Community Safety and Policing Act, 2019; (“personne”) “regulations” means the regulations made under this Act; (“règlements”) “Tribunal” means the Human Rights Tribunal of On…
- 46.1Civil remedy
46.1 (1) If, in a civil proceeding in a court, the court finds that a party to the proceeding has infringed a right under Part I of another party to the proceeding, the court may make either of the following orders, or both: 1. An order directing the party who infringed the right to pay monetary compensation to the party whose right was infringed for loss arising out of the infringement, including compensation for injury to dignity, feelings and self-respect. 2. An order directing the party who infringed the right to make restitution to the party whose right was infringed, other than through monetary compensation, for loss arising out of the infringement, including restitution for injury to dignity, feelings and self-respect. 2006, c. 30, s. 8. Same (2) Subsection (1) does not permit a person to commence an action based solely on an infringement of a right under Part I. 2006, c. 30, s. 8…
- 46.2Penalty
46.2 (1) Every person who contravenes section 9 or subsection 31 (14), 31.1 (8) or 44 (13) or an order of the Tribunal is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 2006, c. 30, s. 8. Consent to prosecution (2) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Attorney General. 2006, c. 30, s. 8. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 8 - 30/06/2008
- 46.3Acts of officers, etc.
46.3 (1) For the purposes of this Act, except subsection 2 (2), subsection 5 (2), section 7 and subsection 46.2 (1), any act or thing done or omitted to be done in the course of his or her employment by an officer, official, employee or agent of a corporation, trade union, trade or occupational association, unincorporated association or employers’ organization shall be deemed to be an act or thing done or omitted to be done by the corporation, trade union, trade or occupational association, unincorporated association or employers’ organization. 2006, c. 30, s. 8. Opinion re authority or acquiescence (2) At the request of a corporation, trade union, trade or occupational association, unincorporated association or employers’ organization, the Tribunal in its decision shall make known whether or not, in its opinion, an act or thing done or omitted to be done by an officer, official, employe…
- [s86]
- 47Act binds Crown
47 (1) This Act binds the Crown and every agency of the Crown. R.S.O. 1990, c. H.19, s. 47 (1). Act has primacy over other Acts (2) Where a provision in an Act or regulation purports to require or authorize conduct that is a contravention of Part I, this Act applies and prevails unless the Act or regulation specifically provides that it is to apply despite this Act. R.S.O. 1990, c. H.19, s. 47 (2).
- [s87]
- 2017
- 48Regulations
48 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing standards for assessing what is undue hardship for the purposes of section 11, 17 or 24; (a.1) prescribing the manner in which income information, credit checks, credit references, rental history, guarantees or other similar business practices may be used by a landlord in selecting prospective tenants without infringing section 2, and prescribing other similar business practices and the manner of their use, for the purposes of subsection 21 (3); (b) prescribing matters for the purposes of clause 43 (3) (g); (c) respecting the Human Rights Legal Support Centre; (d) governing any matter that is necessary or advisable for the effective enforcement and administration of this Act. (e) Repealed: 2006, c. 30, s. 9 (1). R.S.O. 1990, c. H.19, s. 48; 1994, c. 27, s. 65 (25); 1997, c. 24, s. 212 (2); 2006, c. 30, s. 9 (…
- [s88]
part vi transitional provisions
- [s89]
- 49Definitions
49 In this Part, “effective date” means the day sections 4 and 5 of the Human Rights Code Amendment Act, 2006 come into force; (“date d’effet”) “new Part IV” means Part IV as it reads on and after the effective date; (“nouvelle partie IV”) “old Part IV” means Part IV as it reads before the effective date. (“ancienne partie IV”) 2006, c. 30, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 10 - 20/12/2006
- 50Orders respecting special programs
50 On the fifth anniversary of the effective date, all orders that were made by the Commission under subsection 14 (2) before the effective date shall be null and void. 2006, c. 30, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 10 - 20/12/2006
- 51Application of s. 32 (3)
51 Subsection 32 (3) applies to the selection and appointment of persons to the Tribunal on or after the day section 10 of the Human Rights Code Amendment Act, 2006 comes into force. 2006, c. 30, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 10 - 20/12/2006
- 52Tribunal powers before effective date
52 (1) Despite anything to the contrary in the old Part IV, the Tribunal may, before the effective date, (a) make rules in accordance with the new Part IV, including rules with respect to the reconsideration of Tribunal decisions; and (b) when dealing with complaints that are referred to it under section 36 of the old Part IV, (i) deal with the complaint in accordance with the practices and procedures set out in the rules made under clause (a), (ii) exercise the powers described in section 39 of the new Part IV, and (iii) dispose of the complaint in accordance with section 40 of the new Part IV. 2006, c. 30, s. 10. Application (2) Sections 41 and 42 of the new Part IV apply to rules made under clause (1) (a). 2006, c. 30, s. 10. Tribunal decisions made before effective date (3) Despite anything in the old Part IV, the following applies before the effective date with respect to a complain…
- PART IV.1 HUMAN RIGHTS LEGAL SUPPORT CENTRE
- 53Complaints before Commission on effective date
53 (1) This section applies to a complaint filed with the Commission under subsection 32 (1) of the old Part IV or initiated by the Commission under subsection 32 (2) of the old Part IV before the effective date. 2006, c. 30, s. 10. Commission powers continued for six months (2) Subject to subsection (3) and despite the repeal of the old Part IV, during the six-month period that begins on the effective date, the Commission shall continue to deal with complaints referred to in subsection (1) in accordance with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV and, for that purpose, (a) the Commission has all the powers described in subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV; and (b) the provisions referred to in clause (a) continue to apply with respect to the complaints, with necessary modifications. 2006, c. 30, s. 10. Applications to T…
- 54Settlements effected by Commission
54 Section 45.9 of the new Part IV applies to the enforcement of a settlement that, (a) was effected by the Commission under the old Part IV before the effective date or during the six-month period referred to in subsection 53 (2); and (b) was agreed to in writing, signed by the parties and approved by the Commission. 2006, c. 30, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 10 - 20/12/2006
- 55Where complaints referred to Tribunal
55 (1) This section applies to complaints that are referred to the Tribunal by the Commission under section 36 of the old Part IV before the effective date or during the six-month period referred to in subsection 53 (2). 2006, c. 30, s. 10. New Part IV applies (2) On and after the effective date, the new Part IV applies to a complaint described in subsection (1) as though it were an application made to the Tribunal under that Part and the Tribunal shall deal with the complaint in accordance with the new Part IV. 2006, c. 30, s. 10. Parties (3) The Commission, (a) shall continue to be a party to a complaint that was referred to the Tribunal before the effective date; and (b) subject to subsection (4), shall not be a party to a complaint referred to the Tribunal during the six-month period referred to in subsection 53 (2). 2006, c. 30, s. 10. Same, exceptions (4) The Commission shall conti…
- 56Regulations, transitional matters
56 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the Human Rights Code Amendment Act, 2006. 2006, c. 30, s. 10. Same (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) providing for transitional matters relating to the changes to the administration and functions of the Commission; (b) dealing with any problems or issues arising as a result of the repeal or enactment of a provision of this Act by the Human Rights Code Amendment Act, 2006. 2006, c. 30, s. 10. Same (3) A regulation under this section may be general or specific in its application. 2006, c. 30, s. 10. Conflicts (4) If there is a conflict between a provision in a regulation under this section …
- 57Review
57 (1) Three years after the effective date, the Minister shall appoint a person who shall undertake a review of the implementation and effectiveness of the changes resulting from the enactment of that Act. 2006, c. 30, s. 10. Public consultations (2) In conducting a review under this section, the person appointed under subsection (1) shall hold public consultations. 2006, c. 30, s. 10. Report to Minister (3) The person appointed under subsection (1) shall prepare a report on his or her findings and submit the report to the Minister within one year of his or her appointment. 2006, c. 30, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 10 - 20/12/2006 ______________
- PART VI TRANSITIONAL PROVISIONS
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