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Human Rights Code

R.S.O. 1990, CHAPTER H.19

Historical version for the period October 19, 2006 to December 11, 2006.

Amended by: 1993, c. 27, Sched.; 1993, c. 35, s. 56; 1994, c. 10, s. 22; 1994, c. 27, s. 65; 1995, c. 4, s. 3; 1997, c. 16, s. 8; 1997, c. 24, s. 212; 1999, c. 6, s. 28; 2001, c. 13, s. 19; 2001, c. 32, s. 27; 2002, c. 18, Sched. C; 2005, c. 5, s. 32; 2005, c. 18, s. 17; 2005, c. 29, s. 1; 2006, c. 19, Sched. B, s. 10; 2006, c. 21, Sched. F, s. 136.

CONTENTS

Preamble

PART I
FREEDOM FROM DISCRIMINATION

1.

Services

2.

Accommodation

3.

Contracts

4.

Accommodation of person under eighteen

5.

Employment

6.

Vocational associations

7.

Sexual harassment

8.

Reprisals

9.

Infringement prohibited

PART II
INTERPRETATION AND APPLICATION

10.

Definitions re: Parts I and II

11.

Constructive discrimination

12.

Discrimination because of association

13.

Announced intention to discriminate

14.

Special programs

15.

Age sixty-five or over

16.

Canadian Citizenship

17.

Disability

18.

Special interest organizations

18.1

Solemnization of marriage by religious officials

19.

Separate school rights preserved

20.

Restriction of facilities by sex

21.

Residential accommodation

22.

Restrictions for insurance contracts, etc.

23.

Employment

24.

Special employment

25.

Employee benefit and pension plans

26.

Discrimination in employment under government contracts

PART III
THE ONTARIO HUMAN RIGHTS COMMISSION

27.

The Commission

28.

Race relations division

29.

Function of Commission

30.

Evidence obtained in course of investigation

31.

Annual report

PART IV
ENFORCEMENT

32.

Complaints

33.

Investigation of complaints

34.

Decision to not deal with complaint

35.

Human Rights Tribunal of Ontario

36.

Referred to Tribunal

37.

Reconsideration

39.

Hearing by Tribunal

41.

Orders of Tribunals

42.

Appeal from decision of Tribunal

43.

Settlements

44.

Penalty

45.

Acts of officers, etc.

PART V
GENERAL

46.

Definitions, general

47.

Act binds Crown

48.

Regulations

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 protection of human rights in Ontario;

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
FREEDOM FROM DISCRIMINATION

Services

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, 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).

Accommodation

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, 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).

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, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (2); 1999, c. 6, s. 28 (3); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (3).

Contracts

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, 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).

Accommodation 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).

Employment

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, 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).

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, 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. 32, s. 27 (1); 2005, c. 5, s. 32 (6).

Vocational 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, 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).

Sexual harassment

Harassment because of sex in accommodation

7. (1) Every person who occupies accommodation has a right to freedom from harassment because of sex 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).

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 by his or her employer or agent of the employer or by another employee. R.S.O. 1990, c. H.19, s. 7 (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 solicitation or advance knows or ought reasonably to know that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. R.S.O. 1990, c. H.19, s. 7 (3).

Reprisals

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.

Infringement 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.

PART II
INTERPRETATION AND APPLICATION

Definitions re: Parts I and II

10. (1) In Part I and in this Part,

“age” means an age that is eighteen years or more, except in subsection 5 (1) where “age” means an age that is eighteen years or more and less than sixty-five years; (“âge”)

Note: Effective December 12, 2006, the definition of “age” is repealed by the Statutes of Ontario, 2005, chapter 29, subsection 1 (1) and the following substituted:

“age” means an age that is 18 years or more; (“âge”)

See: 2005, c. 29, ss. 1 (1), 8 (1).

“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 benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”)

“equal” means subject to all requirements, qualifications and considerations that are not a prohibited ground of discrimination; (“égal”)

“family status” means the status of being in a parent and child relationship; (“état familial”)

“group insurance” means insurance whereby the lives or well-being or the lives and well-being of a number of persons are insured severally under a single contract between an insurer and an association or an employer or other person; (“assurance-groupe”)

“harassment” means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome; (“harcèlement”)

“marital status” means the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage; (“état matrimonial”)

“record of offences” means a conviction for,

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment; (“casier judiciaire”)

“services” does not include a levy, fee, tax or periodic payment imposed by law; (“services”)

“spouse” means the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage. (“conjoint”) R.S.O. 1990, c. H.19, s. 10 (1); 1993, c. 27, Sched.; 1997, c. 16, s. 8; 1999, c. 6, s. 28 (8); 2001, c. 13, s. 19; 2001, c. 32, s. 27 (2, 3); 2005, c. 5, s. 32 (8-10).

Pregnancy

(2) The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant. R.S.O. 1990, c. H.19, s. 10 (2).

Past and presumed disabilities

(3) The right to equal treatment without discrimination because of disability includes the right to equal treatment without discrimination because a person has or has had a disability or is believed to have or to have had a disability. 2001, c. 32, s. 27 (4).

Constructive 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 Commission, 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 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. 11 (2); 1994, c. 27, s. 65 (1); 2002, c. 18, Sched. C, s. 2 (1).

Idem

(3) The Commission, the Tribunal or a court shall consider any standards prescribed by the regulations for assessing what is undue hardship. R.S.O. 1990, c. H.19, s. 11 (3); 1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 2 (2).

Discrimination 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.

Announced 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).

Special 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).

Review by Commission

(2) The Commission may,

(a) upon its own initiative;

(b) upon application by a person seeking to implement a special program under the protection of subsection (1); or

(c) upon a complaint in respect of which the protection of subsection (1) is claimed,

inquire into the special program and, in the discretion of the Commission, may by order declare,

(d) that the special program, as defined in the order, does not satisfy the requirements of subsection (1); or

(e) that the special program as defined in the order, with such modifications, if any, as the Commission considers advisable, satisfies the requirements of subsection (1). R.S.O. 1990, c. H.19, s. 14 (2).

Reconsideration

(3) A person aggrieved by the making of an order under subsection (2) may request the Commission to reconsider its order and section 37, with necessary modifications, applies. R.S.O. 1990, c. H.19, s. 14 (3).

Effect of order

(4) Subsection (1) does not apply to a special program where an order is made under clause (2) (d) or where an order is made under clause (2) (e) with modifications of the special program that are not implemented. R.S.O. 1990, c. H.19, s. 14 (4).

Subs. (2) does not apply to Crown

(5) Subsection (2) does not apply to a special program implemented by the Crown or an agency of the Crown. R.S.O. 1990, c. H.19, s. 14 (5).

14.1 Repealed: 1995, c. 4, s. 3 (1).

Age 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.

Canadian 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 requirement, qualification or consideration adopted by an organization or enterprise for the holder of chief or senior executive positions. R.S.O. 1990, c. H.19, s. 16 (3).

Disability

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) The Commission, the Tribunal or a court shall not 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).

Idem

(3) The Commission, the Tribunal or a court shall consider any standards prescribed by the regulations for assessing what is undue hardship. R.S.O. 1990, c. H.19, s. 17 (3); 1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 3 (2).

Powers of Commission

(4) Where, after the investigation of a complaint, the Commission determines that the evidence does not warrant the subject-matter of the complaint being referred to the Tribunal because of the application of subsection (1), the Commission may nevertheless use its best endeavours to effect a settlement as to the duties or requirements. R.S.O. 1990, c. H.19, s. 17 (4); 1994, c. 27, s. 65 (3); 2002, c. 18, Sched. C, s. 1.

Special 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.

Solemnization 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 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).

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 accessory facilities. 2005, c. 5, s. 32 (11).

Separate 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).

Restriction 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 Act 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).

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 services or facilities or gives preferences with respect to membership dues and other fees because of age, sex, marital status or family status. R.S.O. 1990, c. H.19, s. 20 (3); 1999, c. 6, s. 28 (9); 2005, c. 5, s. 32 (12).

Tobacco and young persons

(4) The right under section 1 to equal treatment with respect to goods without discrimination because of age is not infringed by the provisions of the Smoke-Free Ontario Act and the regulations under it relating to selling or supplying tobacco to persons who are, or who appear to be, under the age of 19 years or 25 years, as the case may be. 1994, c. 10, s. 22; 2005, c. 18, s. 17.

Residential accommodation

Shared 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. H.19, s. 21 (2).

Prescribing business practices

(3) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination is not infringed if a landlord uses in the manner prescribed under this Act income information, credit checks, credit references, rental history, guarantees or other similar business practices which are prescribed in the regulations made under this Act in selecting prospective tenants. 1997, c. 24, s. 212 (1).

Restrictions 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).

Employment

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 discrimination on such ground is permitted under this Act. R.S.O. 1990, c. H.19, s. 23 (3).

Employment agencies

(4) The right under section 5 to equal treatment with respect to employment is infringed where an employment agency discriminates against a person because of a prohibited ground of discrimination in receiving, classifying, disposing of or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or agent of an employer. R.S.O. 1990, c. H.19, s. 23 (4).

Special 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 prohibited ground of discrimination in section 5, where the primary duty of the employment is attending to the medical or personal needs of the person or of an ill child or an aged, infirm or ill spouse or other relative of the person; or

Note: Effective December 12, 2006, clause (c) is amended by the Statutes of Ontario, 2005, chapter 29, subsection 1 (2) by striking out “or” at the end. See: 2005, c. 29, ss. 1 (2), 8 (1).

(d) an employer grants or withholds employment or advancement in employment to a person who is the spouse, child or parent of the employer or an employee. R.S.O. 1990, c. H.19, s. 24 (1); 1999, c. 6, s. 28 (11); 2001, c. 32, s. 27 (5); 2005, c. 5, s. 32 (14).

Note: Effective December 12, 2006, subsection (1) is amended by the Statutes of Ontario, 2005, chapter 29, subsection 1 (2) by adding the following clauses:

(e) a judge or master is required to retire or cease to continue in office on reaching a specified age under the Courts of Justice Act;

(f) a case management master is required to retire on reaching a specified age under the Courts of Justice Act;

(g) the term of reappointment of a case management master expires on the case management master reaching a specified age under the Courts of Justice Act; or

(h) a justice of the peace is required to retire on reaching a specified age under the Justices of the Peace Act.

See: 2005, c. 29, ss. 1 (2), 8 (1).

Reasonable accommodation

(2) The Commission, the Tribunal or a court shall not find that a qualification under clause (1) (b) is reasonable and bona fide unless it is satisfied that the circumstances of the person cannot be accommodated without undue hardship on the person responsible for accommodating those circumstances considering the cost, outside sources of funding, if any, and health and safety requirements, if any. R.S.O. 1990, c. H.19, s. 24 (2); 1994, c. 27, s. 65 (4); 2002, c. 18, Sched. C, s. 4 (1).

Idem

(3) The Commission, the Tribunal or a court shall consider any standards prescribed by the regulations for assessing what is undue hardship. R.S.O. 1990, c. H.19, s. 24 (3); 1994, c. 27, s. 65 (4); 2002, c. 18, Sched. C, s. 4 (2).

Note: Effective December 12, 2006, section 24 is amended by the Statutes of Ontario, 2005, chapter 29, subsection 1 (3) by adding the following subsection:

Same

(4) Clauses 24 (1) (e), (f), (g) and (h) shall not be interpreted to suggest that a judge, master, case management master or justice of the peace is an employee for the purposes of this Act or any other Act or law. 2005, c. 29, s. 1 (3).

See: 2005, c. 29, ss. 1 (3), 8 (1).

24.1 Repealed: 1995, c. 4, s. 3 (2).

Employee 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 age, 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 and the regulations thereunder. R.S.O. 1990, c. H.19, s. 25 (2); 1999, c. 6, s. 28 (12); 2005, c. 5, s. 32 (15).

Note: Effective December 12, 2006, subsection 25 (2) is amended by the Statutes of Ontario, 2005, chapter 29, subsection 1 (4) by striking out “age” and by striking out “Employment Standards Act” and substituting “Employment Standards Act, 2000”. See: 2005, c. 29, ss. 1 (4), 8 (1).

Note: Effective December 12, 2006, section 25 is amended by the Statutes of Ontario, 2005, chapter 29, subsection 1 (5) by adding the following subsections:

Same

(2.1) The right under section 5 to equal treatment with respect to employment without discrimination because of age is not infringed by an employee benefit, pension, superannuation or group insurance plan or fund that complies with the Employment Standards Act, 2000 and the regulations thereunder. 2005, c. 29, s. 1 (5).

Same

(2.2) Subsection (2.1) applies whether or not a plan or fund is the subject of a contract of insurance between an insurer and an employer. 2005, c. 29, s. 1 (5).

Same

(2.3) For greater certainty, subsections (2) and (2.1) apply whether or not “age”, “sex” or “marital status” in the Employment Standards Act, 2000 or the regulations under it have the same meaning as those terms have in this Act. 2005, c. 29, s. 1 (5).

See: 2005, c. 29, ss. 1 (5), 8 (1).

Same

(3) The right under section 5 to equal treatment with respect to employment without discrimination because of disability is not infringed,

(a) where a reasonable and bona fide distinction, exclusion or preference is made in an employee disability or life insurance plan or benefit because of a pre-existing disability that substantially increases the risk;

(b) where a reasonable and bona fide distinction, exclusion or preference is made on the ground of a pre-existing disability in respect of an employee-pay-all or participant-pay-all benefit in an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and an employer or in respect of a plan, fund or policy that is offered by an employer to employees if they are fewer than twenty-five in number. R.S.O. 1990, c. H.19, s. 25 (3); 2001, c. 32, s. 27 (5).

Compensation

(4) An employer shall pay to an employee who is excluded because of a disability from an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and the employer compensation equivalent to the contribution that the employer would make thereto on behalf of an employee who does not have a disability. R.S.O. 1990, c. H.19, s. 25 (4); 2001, c. 32, s. 27 (5).

Discrimination 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 cancellation of the contract, grant, contribution, loan or guarantee and refusal to enter into any further contract with or make any further grant, contribution, loan or guarantee to the same person. R.S.O. 1990, c. H.19, s. 26 (3); 2002, c. 18, Sched. C, s. 5.

PART III
THE ONTARIO HUMAN RIGHTS COMMISSION

The 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 and shall be composed of such persons, being not fewer than seven, as are appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. H.19, s. 27 (1).

Responsible to Minister

(2) The Commission is responsible to the Minister for the administration of this Act. R.S.O. 1990, c. H.19, s. 27 (2).

Chair

(3) The Lieutenant Governor in Council shall designate a member of the Commission as chair, and a member as vice-chair. R.S.O. 1990, c. H.19, s. 27 (3).

Remuneration

(4) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of the chair, vice-chair and members of the Commission. R.S.O. 1990, c. H.19, s. 27 (4).

Employees

(5) The employees of the Commission shall be appointed under the Public Service Act. R.S.O. 1990, c. H.19, s. 27 (5).

Divisions

(6) The Commission may authorize any function of the Commission to be performed by a division of the Commission composed of at least three members of the Commission. R.S.O. 1990, c. H.19, s. 27 (6).

Race relations division

28. (1) The Lieutenant Governor in Council shall designate at least three members of the Commission to constitute a race relations division of the Commission and shall designate one member of the race relations division as Commissioner for Race Relations. R.S.O. 1990, c. H.19, s. 28 (1).

Functions

(2) It is the function of the race relations division of the Commission to perform any of the functions of the Commission under clause 29 (f), (g) or (h) relating to race, ancestry, place of origin, colour, ethnic origin or creed that are referred to it by the Commission and any other function referred to it by the Commission. R.S.O. 1990, c. H.19, s. 28 (2).

Function of Commission

29. It is the function of the Commission,

(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 promote an understanding and acceptance of and compliance with this Act;

(c) to recommend for consideration a special plan or program designed to meet the requirements of subsection 14 (1), subject to the right of a person aggrieved by the implementation of the plan or program to request the Commission to reconsider its recommendation and section 37 applies with necessary modifications;

(d) to develop and conduct programs of public information and education and undertake, direct and encourage research designed to eliminate discriminatory practices that infringe rights under this Act;

(e) to examine and review any statute or regulation, and any program or policy made by or under a statute and make recommendations on any provision, program or policy, that in its opinion is inconsistent with the intent of this Act;

(f) to inquire into incidents of and conditions leading or tending to lead to tension or conflict based upon identification by a prohibited ground of discrimination and take appropriate action to eliminate the source of tension or conflict;

(g) to initiate investigations into problems based upon identification by a prohibited ground of discrimination that may arise in a community, and encourage and co-ordinate plans, programs and activities to reduce or prevent such problems;

(h) to promote, assist and encourage public, municipal or private agencies, organizations, groups or persons to engage in programs to alleviate tensions and conflicts based upon identification by a prohibited ground of discrimination;

(i) to enforce this Act and orders of the Tribunal;

(j) to perform the functions assigned to it by this or any other Act. R.S.O. 1990, c. H.19, s. 29; 1994, c. 27, s. 65 (6); 2002, c. 18, Sched. C, s. 1.

Evidence obtained in course of investigation

30. (1) No person who is a member of the Commission shall be required to give testimony in a civil suit or any proceeding as to information obtained in the course of an investigation under this Act. R.S.O. 1990, c. H.19, s. 30 (1).

Idem

(2) No person who is employed in the administration of this Act shall be required to give testimony in a civil suit or any proceeding other than a proceeding under this Act as to information obtained in the course of an investigation under this Act. R.S.O. 1990, c. H.19, s. 30 (2).

Annual report

31. (1) The Commission shall make a report to the Minister not later than the 30th day of June in each year upon the affairs of the Commission during the year ending on the 31st day of March of that year. R.S.O. 1990, c. H.19, s. 31 (1).

Idem

(2) The Minister shall submit the report to the Lieutenant Governor in Council who shall cause the report to be laid before the Assembly if it is in session, or, if not, at the next session. R.S.O. 1990, c. H.19, s. 31 (2).

PART IV
ENFORCEMENT

Complaints

32. (1) Where a person believes that a right of the person under this Act has been infringed, the person may file with the Commission a complaint in a form approved by the Commission. R.S.O. 1990, c. H.19, s. 32 (1).

Idem

(2) The Commission may initiate a complaint by itself or at the request of any person. R.S.O. 1990, c. H.19, s. 32 (2).

Combining of complaints

(3) Where two or more complaints,

(a) bring into question a practice of infringement engaged in by the same person; or

(b) have questions of law or fact in common,

the Commission may combine the complaints and deal with them in the same proceeding. R.S.O. 1990, c. H.19, s. 32 (3).

Investigation of complaints

33. (1) Subject to section 34, the Commission shall investigate a complaint and endeavour to effect a settlement. R.S.O. 1990, c. H.19, s. 33 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 65 (7) and the following substituted:

Investigation of complaints

(1) Subject to section 34, the Commission shall investigate a complaint and may endeavour to effect a settlement.

See: 1994, c. 27, ss. 65 (7), 66 (1).

Investigation

(2) An investigation by the Commission may be made by a member or employee of the Commission who is authorized by the Commission for the purpose. R.S.O. 1990, c. H.19, s. 33 (2).

Powers on investigation

(3) A person authorized to investigate a complaint may,

(a) enter any place, other than a place that is being used as a dwelling, at any reasonable time, for the purpose of investigating the complaint;

(b) request the production for inspection and examination of documents or things that are or may be relevant to the investigation;

(c) upon giving a receipt therefor, remove from a place documents produced in response to a request under clause (b) for the purpose of making copies thereof or extracts therefrom and shall promptly return them to the person who produced or furnished them; and

(d) question a person on matters that are or may be relevant to the complaint subject to the person’s right to have counsel or a personal representative present during such questioning, and may exclude from the questioning any person who may be adverse in interest to the complainant. R.S.O. 1990, c. H.19, s. 33 (3).

Entry into dwellings

(4) A person investigating a complaint shall not enter a place that is being used as a dwelling without the consent of the occupier except under the authority of a warrant issued under subsection (8). R.S.O. 1990, c. H.19, s. 33 (4).

Denial of entry

(5) Subject to subsection (4), if a person who is or may be a party to a complaint denies entry to any place, or instructs the person investigating to leave the place, or impedes or prevents an investigation therein, the Commission may refer the matter to the Tribunal or may authorize an employee or member to apply to a justice of the peace for a warrant to enter under subsection (8). R.S.O. 1990, c. H.19, s. 33 (5); 1994, c. 27, s. 65 (8); 2002, c. 18, Sched. C, s. 1.

Refusal to produce

(6) If a person refuses to comply with a request for production of documents or things, the Commission may refer the matter to the Tribunal, or may authorize an employee or member to apply to a justice of the peace for a search warrant under subsection (7). R.S.O. 1990, c. H.19, s. 33 (6); 1994, c. 27, s. 65 (9); 2002, c. 18, Sched. C, s. 1.

Warrant for search

(7) Where a justice of the peace is satisfied on evidence upon oath or affirmation that there are in a place documents that there is reasonable ground to believe will afford evidence relevant to the complaint, he or she may issue a warrant in the prescribed form authorizing a person named in the warrant to search a place for any such documents, and to remove them for the purposes of making copies thereof or extracts therefrom, and the documents shall be returned promptly to the place from which they were removed. R.S.O. 1990, c. H.19, s. 33 (7).

Warrant for entry

(8) Where a justice of the peace is satisfied by evidence upon oath or affirmation that there is reasonable ground to believe it is necessary that a place being used as a dwelling or to which entry has been denied be entered to investigate a complaint, he or she may issue a warrant in the prescribed form authorizing such entry by a person named in the warrant. R.S.O. 1990, c. H.19, s. 33 (8).

Execution of warrant

(9) A warrant issued under subsection (7) or (8) shall be executed at reasonable times as specified in the warrant. R.S.O. 1990, c. H.19, s. 33 (9).

Expiration of warrant

(10) Every warrant shall name a date on which it expires, which shall be a date not later than fifteen days after it is issued. R.S.O. 1990, c. H.19, s. 33 (10).

Obstruction

(11) No person shall hinder, obstruct or interfere with a person in the execution of a warrant or otherwise impede an investigation under this Act. R.S.O. 1990, c. H.19, s. 33 (11).

Idem

(12) Subsection (11) is not contravened by a refusal to comply with a request for the production of documents or things made under clause (3) (b). R.S.O. 1990, c. H.19, s. 33 (12).

Admissibility of copies

(13) Copies of, or extracts from, documents removed from premises under clause (3) (c) or subsection (7) certified as being true copies of the originals by the person who made them, are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents of which they are copies or extracts. R.S.O. 1990, c. H.19, s. 33 (13).

Decision to not deal with complaint

34. (1) Where it appears to the Commission that,

(a) the complaint is one that could or should be more appropriately dealt with under an Act other than this Act;

(b) the subject-matter of the complaint is trivial, frivolous, vexatious or made in bad faith;

(c) the complaint is not within the jurisdiction of the Commission; or

(d) the facts upon which the complaint is based occurred more than six months before the complaint was filed, unless the Commission is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay,

the Commission may, in its discretion, decide to not deal with the complaint. R.S.O. 1990, c. H.19, s. 34 (1).

Notice of decision and reasons

(2) Where the Commission decides to not deal with a complaint, it shall advise the complainant in writing of the decision and the reasons therefor and of the procedure under section 37 for having the decision reconsidered. R.S.O. 1990, c. H.19, s. 34 (2).

Human Rights Tribunal of Ontario

35. (1) The Tribunal established under this section as it read immediately before the day the Government Efficiency Act, 2002 receives Royal Assent is continued under the name Human Rights Tribunal of Ontario in English and Tribunal des droits de la personne de l’Ontario in French and shall be composed of such members as are appointed by the Lieutenant Governor in Council. 2002, c. 18, Sched. C, s. 6.

Remuneration

(2) The members of the Tribunal shall be paid such allowances and expenses as are fixed by the Lieutenant Governor in Council. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Chair, vice-chair

(3) The Lieutenant Governor in Council shall appoint a chair and may appoint one or more vice-chairs of the Tribunal from among the members of the Tribunal. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Employees

(4) Such employees as are considered necessary for the proper conduct of the Tribunal may be appointed under the Public Service Act. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Rules

(5) The Tribunal may make rules regulating its practice and procedure and generally for the conduct and management of its affairs and such rules are not regulations within the meaning of the Regulations Act. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Note: Effective October 19, 2007 or an earlier day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (1) by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched. F, ss. 136 (1), 143 (1). This amendment applies only if the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (1) comes into force before section 6 of Bill 107 (Human Rights Code Amendment Act, 2006) introduced on April 26, 2006 comes into force. See: 2006, c. 21, Sched. F, ss. 137 (3), 143 (1).

Panels

(6) The chair of the Tribunal may appoint panels composed of one or more members of the Tribunal to hold hearings in the place of the full Tribunal wherever the Tribunal is required to hold a hearing under this Act and, where a panel holds a hearing, the panel has all the powers and duties, except the power in subsection (5), given to the Tribunal under this Act. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Person designated to preside over panel

(7) The chair of the Tribunal shall designate one member of each panel to preside over the panel’s hearings. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Reassignment of panel

(8) Where a panel of the Tribunal is unable for any reason to exercise the powers under section 39 or 41, the chair of the Tribunal may assign another panel in its place. 1994, c. 27, s. 65 (10); 2002, c. 18, Sched. C, s. 1.

Note: Any hearing commenced by a Tribunal (formerly known as a “board of inquiry”) appointed under this Code, as it read immediately before April 17, 1995, may be continued to its conclusion as if section 35 had not been re-enacted by the Statutes of Ontario, 1994, chapter 27, subsection 65 (10). See: 1994, c. 27, s. 65 (10, 11).

Referred to Tribunal

36. (1) Where the Commission does not effect a settlement of the complaint and it appears to the Commission that the procedure is appropriate and the evidence warrants an inquiry, the Commission may refer the subject-matter of the complaint to the Tribunal. 1994, c. 27, s. 65 (12); 2002, c. 18, Sched. C, s. 1.

Notice of decision not to refer to Tribunal

(2) Where the Commission decides to not refer the subject-matter of a complaint to the Tribunal, it shall advise the complainant and the person complained against in writing of the decision and the reasons therefor and inform the complainant of the procedure under section 37 for having the decision reconsidered. R.S.O. 1990, c. H.19, s. 36 (2); 1994, c. 27, s. 65 (13); 2002, c. 18, Sched. C, s. 1.

Reconsideration

37. (1) Within a period of fifteen days of the date of mailing the decision and reasons therefor mentioned in subsection 34 (2) or subsection 36 (2), or such longer period as the Commission may for special reasons allow, a complainant may request the Commission to reconsider its decision by filing an application for reconsideration containing a concise statement of the material facts upon which the application is based. R.S.O. 1990, c. H.19, s. 37 (1).

Notice of application

(2) Upon receipt of an application for reconsideration the Commission shall as soon as is practicable notify the person complained against of the application and afford the person an opportunity to make written submissions with respect thereto within such time as the Commission specifies. R.S.O. 1990, c. H.19, s. 37 (2).

Decision

(3) Every decision of the Commission on reconsideration together with the reasons therefor shall be recorded in writing and promptly communicated to the complainant and the person complained against and the decision shall be final. R.S.O. 1990, c. H.19, s. 37 (3).

38. Repealed: 1994, c. 27, s. 65 (14).

Hearing by Tribunal

39. (1) The Tribunal shall hold a hearing,

(a) to determine whether a right of the complainant under this Act has been infringed;

(b) to determine who infringed the right; and

(c) to decide upon an appropriate order under section 41,

and the hearing shall be commenced within thirty days after the date on which the subject-matter of the complaint was referred to the Tribunal. R.S.O. 1990, c. H.19, s. 39 (1); 1994, c. 27, s. 65 (15); 2002, c. 18, Sched. C, s. 1.

Parties

(2) The parties to a proceeding before the Tribunal are,

(a) the Commission, which shall have the carriage of the complaint;

(b) the complainant;

(c) any person who the Commission alleges has infringed the right;

(d) any person appearing to the Tribunal to have infringed the right;

(e) where the complaint is of alleged conduct constituting harassment under subsection 2 (2) or subsection 5 (2) or of alleged conduct under section 7, any person who, in the opinion of the Tribunal, knew or was in possession of facts from which the person ought reasonably to have known of the conduct and who had authority to penalize or prevent the conduct. R.S.O. 1990, c. H.19, s. 39 (2); 1994, c. 27, s. 65 (16); 2002, c. 18, Sched. C, s. 1.

Adding parties

(3) A party may be added by the Tribunal under clause (2) (d) or clause (2) (e) at any stage of the proceeding upon such terms as the Tribunal considers proper. R.S.O. 1990, c. H.19, s. 39 (3); 2002, c. 18, Sched. C, s. 1.

Adjournment on production

(4) Where the Tribunal exercises its power under clause 12 (1) (b) of the Statutory Powers Procedure Act to issue a summons requiring the production in evidence of documents or things, it may, upon the production of the documents or things before it, adjourn the proceedings to permit the parties to examine the documents or things. R.S.O. 1990, c. H.19, s. 39 (4); 1994, c. 27, s. 65 (17); 2002, c. 18, Sched. C, s. 1.

Adjournment for view

(5) The Tribunal may, where it appears to be in the interests of justice, direct that the Tribunal and the parties and their counsel or representatives shall have a view of any place or thing, and may adjourn the proceedings for that purpose. R.S.O. 1990, c. H.19, s. 39 (5); 2002, c. 18, Sched. C, s. 1.

Members at hearing not to have taken part in investigation, etc.

(6) A member of the Tribunal hearing a complaint must not have taken part in any investigation or consideration of the subject-matter of the inquiry before the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the inquiry with any person or with any party or any party’s representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent of the parties and in such case the nature of the advice shall be made known to the parties in order that they may make submissions as to the law. 1994, c. 27, s. 65 (18); 2002, c. 18, Sched. C, s. 1.

40. Repealed: 1994, c. 27, s. 65 (19).

Orders of Tribunals

41. (1) Where the Tribunal, after a hearing, finds that a right of the complainant under Part I has been infringed and that the infringement is a contravention of section 9 by a party to the proceeding, the Tribunal may, by order,

(a) direct the party to do anything that, in the opinion of the Tribunal, the party ought to do to achieve compliance with this Act, both in respect of the complaint and in respect of future practices; and

(b) direct the party to make restitution, including monetary compensation, for loss arising out of the infringement, and, where the infringement has been engaged in wilfully or recklessly, monetary compensation may include an award, not exceeding $10,000, for mental anguish. R.S.O. 1990, c. H.19, s. 41 (1); 2002, c. 18, Sched. C, s. 1.

Order to prevent harassment

(2) Where the Tribunal makes a finding under subsection (1) that a right is infringed on the ground of harassment under subsection 2 (2) or subsection 5 (2) or conduct under section 7, and the Tribunal finds that a person who is a party to the proceeding,

(a) knew or was in possession of knowledge from which the person ought to have known of the infringement; and

(b) had the authority by reasonably available means to penalize or prevent the conduct and failed to use it,

the Tribunal shall remain seized of the matter and upon complaint of a continuation or repetition of the infringement of the right the Commission may investigate the complaint and, subject to subsection 36 (2), request the Tribunal to re-convene and if the Tribunal finds that a person who is a party to the proceeding,

(c) knew or was in possession of knowledge from which the person ought to have known of the repetition of infringement; and

(d) had the authority by reasonably available means to penalize or prevent the continuation or repetition of the conduct and failed to use it,

the Tribunal may make an order requiring the person to take whatever sanctions or steps are reasonably available to prevent any further continuation or repetition of the infringement of the right. R.S.O. 1990, c. H.19, s. 41 (2); 1994, c. 27, s. 65 (20); 2002, c. 18, Sched. C, s. 1.

(3) Repealed: 1994, c. 27, s. 65 (21).

Costs

(4) Where, upon dismissing a complaint, the Tribunal finds that,

(a) the complaint was trivial, frivolous, vexatious or made in bad faith; or

(b) in the particular circumstances undue hardship was caused to the person complained against,

the Tribunal may order the Commission to pay to the person complained against such costs as are fixed by the Tribunal. R.S.O. 1990, c. H.19, s. 41 (4); 2002, c. 18, Sched. C, s. 1.

Decision within 30 days

(5) The Tribunal shall make its finding and decision within thirty days after the conclusion of its hearing. R.S.O. 1990, c. H.19, s. 41 (5); 2002, c. 18, Sched. C, s. 1.

41.1 Repealed: 1995, c. 4, s. 3 (3).

Appeal from decision of Tribunal

42. (1) Any party to a proceeding before the Tribunal may appeal from a decision or order of the Tribunal to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. H.19, s. 42 (1); 1994, c. 27, s. 65 (23); 2002, c. 18, Sched. C, s. 1.

Record to be filed in court

(2) Where notice of an appeal is served under this section, the Tribunal shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision or order appealed from was made and the record, together with a transcript of the oral evidence taken before the Tribunal if it is not part of the record of the Tribunal, shall constitute the record in the appeal. R.S.O. 1990, c. H.19, s. 42 (2); 2002, c. 18, Sched. C, s. 1.

Powers of court

(3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or reverse the decision or order of the Tribunal or direct the Tribunal to make any decision or order that the Tribunal is authorized to make under this Act and the court may substitute its opinion for that of the Tribunal. R.S.O. 1990, c. H.19, s. 42 (3): 2002, c. 18, Sched. C, s. 1.

Settlements

43. Where a settlement of a complaint is agreed to in writing, signed by the parties and approved by the Commission, the settlement is binding upon the parties, and a breach of the settlement is grounds for a complaint under section 32, and this Part applies to the complaint in the same manner as if the breach of the settlement were an infringement of a right under this Act. R.S.O. 1990, c. H.19, s. 43.

Penalty

44. (1) Every person who contravenes section 9, subsection 33 (11), 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. R.S.O. 1990, c. H.19, s. 44 (1); 1994, c. 27, s. 65 (23); 2002, c. 18, Sched. C, s. 1.

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. R.S.O. 1990, c. H.19, s. 44 (2).

Acts of officers, etc.

45. (1) For the purposes of this Act, except subsection 2 (2), subsection 5 (2), section 7 and subsection 44 (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. R.S.O. 1990, c. H.19, s. 45 (1).

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, employee or agent was done or omitted to be done with or without the authority or acquiescence of the corporation, trade union, trade or occupational association, unincorporated association or employers’ organization, and the opinion does not affect the application of subsection (1). R.S.O. 1990, c. H.19, s. 45 (2); 1994, c. 27, s. 65 (23); 2002, c. 18, Sched. C, s. 1.

PART V
GENERAL

Definitions, 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 the Interpretation Act, 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 services board established under the Police Services Act; (“personne”)

Note: Effective October 19, 2007 or an earlier day to be named by proclamation of the Lieutenant Governor, the definition of “person” is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (2) by striking out “the Interpretation Act” and substituting “Part VI (Interpretation) of the Legislation Act, 2006”. See: 2006, c. 21, Sched. F, ss. 136 (2), 143 (1).

“Tribunal” means the Human Rights Tribunal of Ontario continued under section 35. (“Tribunal”) R.S.O. 1990, c. H.19, s. 46; 1994, c. 27, s. 65 (24); 2002, c. 18, Sched. C, s. 7.

Act 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).

Regulations

48. 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 forms and notices and providing for their use;

(c) prescribing time limits for the production of documents and things requested in an investigation under clause 33 (3) (b);

(d) prescribing procedures for carrying out an investigation under section 33;

(e) prescribing matters that the Commission shall consider in deciding whether or not to endeavour to effect a settlement under subsection 33 (1). R.S.O. 1990, c. H.19, s. 48; 1994, c. 27, s. 65 (25); 1997, c. 24, s. 212 (2).

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