jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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. 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); 2012, c. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (2, 3) - 01/03/2000 2001, c. 32, s. 27 (1) - 07/02/2002 2005, c. 5, s. 32 (2, 3) - 09/03/2005 2012, c. 7, s. 2 (1, 2) - 19/06/2012
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
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).
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. 32, s. 27 (1); 2005, c. 5, s. 32 (6); 2012, c. 7, s. 4 (2). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (5, 6) - 01/03/2000 2001, c. 32, s. 27 (1) - 07/02/2002 2005, c. 5, s. 32 (5, 6) - 09/03/2005 2012, c. 7, s. 4 (1, 2) - 19/06/2012
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
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 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). Section Amendments with date in force (d/m/y) 2012, c. 7, s. 6 (1, 2) - 19/06/2012
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.
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
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 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); 2009, c. 33, Sched. 2, s. 35 (1). Idem (3) 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); 2009, c. 33, Sched. 2, s. 35 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (1, 2) - 17/04/1995 2002, c. 18, Sched. C, s. 2 (1, 2) - 26/11/2002 2009, c. 33, Sched. 2, s. 35 (1, 2) - 15/12/2009
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.
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).
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.
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).
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 prescribed by the regulations.  2006, c. 30, s. 2 (2). (4) Repealed:  2006, c. 30, s. 2 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (2, 3) - 17/04/1995 2001, c. 32, s. 27 (5) - 07/02/2002 2002, c. 18, Sched. C, s. 1, 3 (1, 2) - 26/11/2002 2006, c. 30, s. 2 (1-3) - 30/06/2008
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
18.1 (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 accessory facilities.  2005, c. 5, s. 32 (11). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 32 (11) - 09/03/2005 2020, c. 11, Sched. 17, s. 6 - 08/10/2020
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 (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 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). Young persons and certain products (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, 2017
and the regulations under it relating to selling or supplying anything to which that Act applies to persons who are, or who appear to be, under the age of 19 years or 25 years, as the case may be. 2017, c. 26, Sched. 3, s. 26. (5) Repealed: 2017, c. 26, Sched. 3, s. 26. Section Amendments with date in force (d/m/y) 1994, c. 10, s. 22 - 30/11/1994; 1999, c. 6, s. 28 (9) - 01/03/2000 2005, c. 5, s. 32 (12) - 09/03/2005; 2005, c. 18, s. 17 - 31/05/2006 2015, c. 7, Sched. 3, s. 17 - 28/05/2015 2017, c. 26, Sched. 3, s. 26 - 17/10/2018 2019, c. 15, Sched. 22, s. 95 - 29/11/2021 Residential 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). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 212 (1) - 17/06/1998
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 (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).
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. 5, s. 32 (15); 2005, c. 29, s. 1 (4). 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). 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). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 28 (12) - 01/03/2000 2001, c. 32, s. 27 (5) - 07/02/2002 2005, c. 5, s. 32 (15) - 09/03/2005; 2005, c. 29, s. 1 (4, 5) - 12/12/2006
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. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. C, s. 5 - 26/11/2002 Part III   The ontario human rights 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 duties of Chief Commissioner (6) The Chief Commissioner shall direct the Commission and exercise the powers and perform the duties assigned to the Chief Commissioner by or under this Act.  2006, c. 30, s. 4. Term of office (7) The Chief Commissioner and other members of the Commission shall hold office for such term as may be specified by the Lieutenant Governor in Council.  2006, c. 30, s. 4. Remuneration (8) The Chief Commissioner and other members of the Commission shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.  2006, c. 30, s. 4. Employees (9) The Commission may appoint such employees as it considers necessary for the proper conduct of its affairs and the employees shall be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 30, s. 4; 2006, c. 35, Sched. C, s. 132 (5). Evidence obtained in performance of duties (10) A member of the Commission shall not be required to give testimony in a civil suit or any proceeding as to information obtained in the performance of duties under this Act.  2006, c. 30, s. 4. Same, employees (11) An employee of the Commission shall not 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 performance of duties under this Act.  2006, c. 30, s. 4. Delegation (12) The Chief Commissioner may in writing delegate any of his or her powers, duties or functions under this Act to any member of the Anti-Racism Secretariat, the Disability Rights Secretariat or an advisory group or to any other member of the Commission, subject to such conditions as the Chief Commissioner may set out in the delegation.  2006, c. 30, s. 4. Divisions (13) 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.  2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008; 2006, c. 35, Sched. C, s. 54 (1) - 20/08/2007; 2006, c. 35, Sched. C, s. 132 (5) - 30/06/2008
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 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 designed to prevent and eliminate such discriminatory practices; (d)  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; (e)  to initiate reviews and inquiries into incidents of tension or conflict, or conditions that lead or may lead to incidents of tension or conflict, in a community, institution, industry or sector of the economy, and to make recommendations, and encourage and co-ordinate plans, programs and activities, to reduce or prevent such incidents or sources of tension or conflict; (f)  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; (g)  to designate programs as special programs in accordance with section 14; (h)  to approve policies under section 30; (i)  to make applications to the Tribunal under section 35; (j)  to report to the people of Ontario on the state of human rights in Ontario and on its affairs; (k)  to perform the functions assigned to the Commission under this or any other Act.  2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (6) - 17/04/1995 2002, c. 18, Sched. C, s. 1 - 26/11/2002 2006, c. 30, s. 4 - 30/06/2008
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
31.1 (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 named in the warrant, upon producing proof of his or her appointment, (a)  to enter any place specified in the warrant, including a dwelling; and (b)  to do any of the things specified in the warrant.  2006, c. 30, s. 4. Conditions on search warrant (4) A warrant obtained under subsection (2) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.  2006, c. 30, s. 4. Time of execution (5) An entry under a warrant issued under this section shall be made at such reasonable times as may be specified in the warrant.  2006, c. 30, s. 4. Expiry of warrant (6) A warrant issued under this section shall name a date of expiry, which shall be no later than 15 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 15 days, upon application without notice by the person named in the warrant.  2006, c. 30, s. 4. Use of force (7) The person authorized to execute the warrant may call upon police officers for assistance in executing the warrant and the person may use whatever force is reasonably necessary to execute the warrant.  2006, c. 30, s. 4. Obstruction prohibited (8) No person shall obstruct or hinder a person in the execution of a warrant issued under this section.  2006, c. 30, s. 4. Application (9) Subsections 31 (11), (12) and (13) apply with necessary modifications to an inquiry carried out pursuant to a warrant issued under this section.  2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
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
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)  facilitate the development and provision of programs of public information and education relating to the elimination of racism; and (c)  undertake such tasks and responsibilities as may be assigned by the Chief Commissioner.  2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
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)  facilitate the development and provision of programs of public information and education intended to promote the elimination of discriminatory practices that infringe rights under Part I on the basis of disability; and (c)  undertake such tasks and responsibilities as may be assigned by the Chief Commissioner.  2006, c. 30, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 4 - 30/06/2008
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
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
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 part iv   human rights tribunal of ontario
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 be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.  2006, c. 30, s. 5. Term of office (5) A member of the Tribunal shall be appointed for such term as may be specified by the Lieutenant Governor in Council.  2006, c. 30, s. 5. Chair, vice-chair (6) 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.  2006, c. 30, s. 5. Alternate chair (7) The Lieutenant Governor in Council shall designate one of the vice-chairs to be the alternate chair.  2006, c. 30, s. 5. Same (8) If the chair is unable to act, the alternate chair shall perform the duties of the chair and, for this purpose, has all the powers of the chair.  2006, c. 30, s. 5. Employees (9) The Tribunal may appoint such employees as it considers necessary for the proper conduct of its affairs and the employees shall be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 30, s. 5; 2006, c. 35, Sched. C, s. 132 (6). Evidence obtained in course of proceeding (10) A member or employee of the Tribunal shall not be required to give testimony in a civil suit or any proceeding as to information obtained in the course of a proceeding before the Tribunal.  2006, c. 30, s. 5. Same (11) Despite subsection (10), an employee of the Tribunal may be required to give testimony in a proceeding before the Tribunal in the circumstances prescribed by the Tribunal rules.  2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008; 2006, c. 35, Sched. C, s. 132 (6) - 30/06/2008
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. Reassignment of panel (3) If a panel of the Tribunal is unable for any reason to exercise or perform the powers or duties of the Tribunal, the chair of the Tribunal may assign another panel in its place.  2006, c. 30, s. 5. 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
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 to any provision in the Tribunal rules that authorizes the Tribunal to direct that one or more of the applications be considered in a separate proceeding.  2006, c. 30, s. 5. Application on behalf of another (5) A person or organization, other than the Commission, may apply on behalf of another person to the Tribunal for an order under section 45.2 if the other person, (a)  would have been entitled to bring an application under subsection (1); and (b)  consents to the application.  2006, c. 30, s. 5. Participation in proceedings (6) If a person or organization makes an application on behalf of another person, the person or organization may participate in the proceeding in accordance with the Tribunal rules.  2006, c. 30, s. 5. Consent form (7) A consent under clause (5) (b) shall be in a form specified in the Tribunal rules.  2006, c. 30, s. 5. Time of application (8) An application under subsection (5) shall be made within the time period required for making an application under subsection (1).  2006, c. 30, s. 5. Application (9) Subsections (2) and (3) apply to an application made under subsection (5).  2006, c. 30, s. 5. Withdrawal of application (10) An application under subsection (5) may be withdrawn by the person on behalf of whom the application is made in accordance with the Tribunal rules.  2006, c. 30, s. 5. Where application barred (11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if, (a)  a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or (b)  a court has finally determined the issue of whether the right has been infringed or the matter has been settled.  2006, c. 30, s. 5. Final determination (12) For the purpose of subsection (11), a proceeding or issue has not been finally determined if a right of appeal exists and the time for appealing has not expired.  2006, c. 30, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 30, s. 5 - 30/06/2008
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. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 65 (10, 11) - 17/04/1995 2002, c. 18, Sched. C, s. 1, 6 - 26/11/2002 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 30, s. 5
- 30/06/2008; 2006, c. 35, Sched. C, s. 54 (2) - 20/08/2007
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
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
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
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
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
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 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
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
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
45.1 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