Ontario Human Rights Code

The Ontario Human Rights Code is a law in the Canadian province of Ontario that gives all people equal rights and opportunities without discrimination in specific areas such as housing and services. The Code's goal is to prevent discrimination and harassment because of race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds.[1]

History

The Ontario Human Rights Code was the first law of its kind in Canada. Before June 15, 1962, various laws dealt with different kinds of discrimination. The Code brought them together into one law and added some new protections.

The Ontario Human Rights Code took effect on June 15, 1962, and it was the first Human Rights Code of its kind in Canada. June 15 was chosen as the proclamation date for the Human Rights Code because it was the 747th anniversary of the signing of the Magna Carta.

The Ontario Human Rights Code of 1962 replaced the province’s existing anti-discrimination legislation, including:

  • Fair Employment Practices Act, 1951 which prohibited discrimination based on race and religion in employment;
  • Female Employee's Fair Remuneration Act, 1951 which prohibited an employer from paying a female employee less money for the same work done by a man in the same establishment
  • Fair Accommodation Practices Act, 1954 which prohibited discrimination in public places on racial, religious or ethnic grounds;
  • Ontario Anti-Discrimination Commission Act, 1958 which created a commission to administer the above acts and develop educational programs;

At the same time that the Ontario Human Rights Commission was created, the government of the day, led by Premier Leslie Frost introduced an amendment to the Fair Accommodation Practices Act to prohibit discrimination because of race, colour or creed in the renting of apartments in buildings which contain more than 6 units.

Grounds

The Human Rights Code prohibits discrimination on the following grounds:

  1. Race
  2. Ancestry
  3. Place of origin
  4. Colour
  5. Ethnic origin
  6. Citizenship
  7. Creed
  8. Sex
  9. Sexual orientation
  10. Gender identity
  11. Gender expression
  12. Age
  13. Marital status
  14. Family status
  15. Disability
  16. The receipt of public assistance (housing only)
  17. Record of Offences (employment only)
  18. Reprisal (section 8)
  19. Association (section 12)

The Ontario Human Rights Code was amended on June 19, 2012 to add Gender Identity and Gender Expression to the list of prohibited grounds. The last ground added to the Code is sexual orientation which was added in December 1986.

Administration

The Human Rights Tribunal of Ontario (HRTO) is the administrative, quasi-judicial tribunal tasked with hearing complaints that the Code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts. The HRTO is subject to judicial review by the Divisional Court of the Ontario Superior Court of Justice.

Before June 30, 2008, human rights complaints were filed with the Ontario Human Rights Commission (OHRC), which investigated claims of discrimination. Since June 30, 2008, claims of discrimination are filed directly with the HRTO, leaving the OHRC to concentrate its resources on systemic discrimination, public education and policy development.

Content

The Code is divided into an introductory section, or "preamble", followed by seven parts.
Part I sets out basic rights and responsibilities.
Part II explains how the code is interpreted and applied.
Part III explains the role and structure of the Ontario Human Rights Commission (OHRC).
Part IV explains the role and structure of the Human Rights Tribunal of Ontario (HRTO).
Part IV.1 establishes the Human Rights Legal Support Centre (HRLSC) and sets out its governance.
Part V deals with general matters such as the power to make regulations and sets out that the Human Rights Code has primacy over other provincial legislation (section 47(2)).
Part VI of the Code deals with the transition from the "old" system, where complaints were investigated by the Ontario Human Rights Commission to the 'new" system (which took effect on June 30, 2008) where applications are now filed directly with the Human Rights Tribunal of Ontario without any investigation.

Application

The Code does not apply to federally regulated activities, such as banking, intra-provincial transportation, aeronautics and telecommunications, which are subject to the Canadian Human Rights Act.

See also

References

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