Bill 107 2006

An Act to amend the Human Rights Code

Note: This Act amends the Human Rights Code. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 11 (2) of the Human Rights Code is amended by striking out "The Commission, the Tribunal or a court shall not find" at the beginning and substituting "No tribunal or court shall find".
(2) Subsection 11 (3) of the Act is repealed and the following substituted:
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.
2. Subsections 14 (2), (3), (4) and (5) of the Act are repealed and the following substituted:
Application to Commission
(2) A person may apply to the Commission for a designation of a program as a special program for the purposes of subsection (1).
Designation by Commission
(3) Upon receipt of an application, the Commission may,
(a) designate the program as a special program if, in its opinion, the program meets the requirements of subsection (1); or
(b) designate the program as a special program on the condition that the program make such modifications as are specified in the approval in order to meet the requirements of subsection (1).
Reviews initiated by Commission
(4) The Commission may, on its own initiative, review one or more programs to determine whether the programs are special programs for the purposes of subsection (1).
End of review
(5) At the conclusion of a review under subsection (4), the Commission may designate as a special program any of the programs under review if, in its opinion, the programs meet the requirements of subsection (1).
Expiry of designation
(6) A designation under subsection (2) or (5) expires five years after the day it is issued or at such earlier time as may be specified by the Commission.
Effect of designation
(7) If in a proceeding it is alleged that a program infringes a right under Part I, evidence that the program has been designated as a special program under this section is proof, in the absence of evidence to the contrary, that the rights have not been infringed.
Crown programs
(8) Subsections (2) to (7) do not apply to a program implemented by the Crown or an agency of the Crown.
3. (1) Subsection 17 (2) of the Act is amended by striking out "The Commission, the Tribunal or a court shall not find" at the beginning and substituting "No tribunal or court shall find".
(2) Subsection 17 (3) of the Act is repealed and the following substituted:
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.
(3) Subsection 17 (4) of the Act is repealed.
4. (1) Subsection 24 (2) of the Act is amended by striking out "The Commission, the Tribunal or a court shall not find" at the beginning and substituting "No tribunal or court shall find".
(2) Subsection 24 (3) of the Act is repealed and the following substituted:
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.
5. Part III of the Act is repealed and the following substituted:
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.
Composition
(2) The Commission shall be composed of such persons as are appointed by the Lieutenant Governor in Council.
Chief Commissioner
(3) The Lieutenant Governor in Council shall designate a member of the Commission as Chief Commissioner.
Powers and duties of Chief Commissioner
(4) 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.
Term of office
(5) 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.
Remuneration
(6) 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.
Employees
(7) The employees of the Commission shall be appointed under the Public Service Act.
Delegation
(8) The Chief Commissioner may in writing delegate any of his or her powers, duties or functions under this Act to any other member of the Commission, subject to such conditions as the Chief Commissioner may set out in the delegation.
Acting Chief Commissioner
28. (1) If the Chief Commissioner dies, resigns or is unable or neglects to perform his or her duties, the Lieutenant Governor in Council may appoint an Acting Chief Commissioner to hold office for such period as may be specified in the appointment.
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.
Functions of Commission
29. The functions of the Commission are to promote and advance respect for human rights in Ontario and to identify and promote the elimination of systemic discriminatory practices that infringe rights under Part I 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 of 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 that infringe rights under Part I 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 his or her opinion is inconsistent with the intent of this Act;
(e) to initiate reviews into problems based upon identification by a prohibited ground of discrimination that may arise in a community, institution, industry or sector of the economy, and encourage and co-ordinate plans, programs and activities to reduce or prevent such problems;
(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 approve programs as special programs in accordance with section 14;
(h) to make applications to the Tribunal under section 36;
(i) to advise the Minister on matters relating to this Act;
(j) to perform the functions assigned to the Commission under this or any other Act.
Anti-Racism Secretariat
30. (1) The Chief Commissioner directs the Anti-Racism Secretariat which shall be established in accordance with subsection (2).
Composition
(2) The Anti-Racism Secretariat shall be composed of not more than six persons appointed by the Minister on the advice of the Chief Commissioner.
Remuneration
(3) The Minister may fix the remuneration and allowance for expenses of the members of the Anti-Racism Secretariat.
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 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 or prescribed by regulation.
Disability Rights Secretariat
31. (1) The Chief Commissioner directs the Disability Rights Secretariat which shall be established in accordance with subsection (2).
Composition
(2) The Disability Rights Secretariat shall be composed of not more than six persons appointed by the Minister on the advice of the Chief Commissioner.
Remuneration
(3) The Minister may fix the remuneration and allowance for expenses of the members of the Disability Rights Secretariat.
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 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 or prescribed by regulation.
Advisory groups
31.1 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.
Annual report
31.2 (1) The Commission shall make a report to the Minister no later than June 30 in each year upon the affairs of the Commission during the year ending on March 31 of that year.
Report tabled in Assembly
(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.
6. Part IV of the Act is repealed and the following substituted:
PART IV
HUMAN RIGHTS TRIBUNAL OF ONTARIO
Tribunal
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 and shall be composed of such members as are appointed by the Lieutenant Governor in Council.
Remuneration
(2) The members of the Tribunal shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.
Term of office
(3) A member of the Tribunal shall be appointed for such term as may be specified by the Lieutenant Governor in Council.
Chair, vice-chair
(4) 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.
Employees
(5) Such employees as are considered necessary for the proper conduct of the Tribunal may be appointed under the Public Service Act.
Evidence obtained in course of proceeding
(6) 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.
Same
(7) Despite subsection (6), 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.
Panels
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.
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.
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.
Rules governing practice and procedure
34. (1) The Tribunal may make rules governing the practice and procedure before it.
Same
(2) Without limiting the generality of subsection (1), the rules may,
(a) provide that the Tribunal is not required to hold a hearing;
(b) limit the extent to which the Tribunal is required to give full opportunity to the parties to present their evidence and to make their submissions;
(c) authorize the Tribunal to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances;
(d) prescribe practices and procedures that are alternatives to traditional adjudicative practices and procedures;
(e) govern any matter prescribed by the regulations.
General or particular
(3) The rules may be of general or particular application.
Consistency
(4) The rules shall be consistent with this Act.
Not regulations
(5) The rules made under this section are not regulations for the purposes of the Regulations Act.
Application by person
35. (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 42,
(a) within six months after the incident to which the application relates; or
(b) if there was a series of related incidents, within six months after the last incident in the series.
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.
Form
(3) An application under subsection (1) shall be in a form approved by the Tribunal.
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.
Where application barred
(5) 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 46.2 with respect to the alleged infringement and the proceeding has not been finally determined; or
(b) a court has finally determined the issue of whether the right has been infringed.
Final determination
(6) For the purpose of subsection (5), a proceeding or issue has not been finally determined if a right of appeal exists and the time for appealing has not expired.
Application by Commission
36. (1) The Commission may apply to the Tribunal for an order under section 43 if the Commission is of the opinion that,
(a) there are infringements of rights under Part I that are of a systemic nature and that the Commission has not been able to adequately address under Part III;
(b) an order under section 43 could address the systemic issues; and
(c) it would be in the public interest to make an application under this subsection.
Form
(2) An application under subsection (1) shall be in a form approved by the Tribunal.
Effect of application
(3) An application made by the Commission does not affect the right of a person to make an application under section 35 in respect of the same matter.
Disposition of applications
37. (1) The Tribunal shall dispose of an application under this Part through a hearing or through any alternative dispute resolution mechanism provided for in the Tribunal rules.
Expeditious procedures
(2) The Tribunal shall adopt the most expeditious method of disposing of an application on the merits.
Jurisdiction
(3) The Tribunal has 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.
Statutory Powers Procedure Act
38. (1) Subject to subsection (2), the Statutory Powers Procedure Act applies to a proceeding before the Tribunal.
Conflict
(2) In the event of a conflict, this Act, the regulations and the Tribunal rules prevail over the Statutory Powers Procedure Act, despite section 32 of that Act.
Parties
39. Subject to subsection 45.1 (6) and the Tribunal rules, the parties to an application under this Part are the following:
1. The person who made the application.
2. Any person against whom an order is sought in the application.
3. Any person added as a party by the Tribunal.
Deferral of application
40. The Tribunal may defer an application in accordance with the Tribunal rules.
Dismissal of proceeding without hearing
41. (1) The Tribunal may dismiss a proceeding, in whole or in part, without a hearing, if,
(a) the proceeding is frivolous, vexatious or is commenced in bad faith;
(b) the proceeding relates to matters that are outside the jurisdiction of the Tribunal;
(c) some aspect of the statutory requirements for bringing the proceeding has not been met;
(d) the application is made under section 35 and the facts alleged in the application, even if true, do not disclose an infringement of a right of the applicant under Part I;
(e) the application is made under section 36 and the facts alleged in the application, even if true, do not disclose infringements of a right under Part I that are of a systemic nature;
(f) the application is made under subsection 45.1 (3) and the facts alleged in the application, even if true, do not disclose a contravention of a settlement; or
(g) the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of an application.
Application
(2) This section applies despite section 4.6 of the Statutory Powers Procedure Act.
Orders of Tribunal: applications under s. 35
42. (1) On an application under section 35, the Tribunal may make one or more of the following orders if the Tribunal determines that a party to the application has infringed a right under Part I of another party to the application:
1. An order directing the party who infringed the right to pay monetary compensation to the party whose right was infringed for loss arising out of the infringement, including compensation for injury to dignity, feelings and self-respect.
2. An order directing the party who infringed the right to make restitution to the party whose right was infringed, other than through monetary compensation, for loss arising out of the infringement, including restitution for injury to dignity, feelings and self-respect.
3. An order directing any party to the application to do anything that, in the opinion of the Tribunal, the party ought to do to promote compliance with this Act, both in respect of the infringement that was the subject of the application and in respect of future practices.
Orders under para. 3 of subs. (1)
(2) For greater certainty, if the Tribunal determines that a party to the application has infringed a right under Part I of another party to the application, the Tribunal may make an order under paragraph 3 of subsection (1) to promote compliance with this Act in respect of future practices, even if no order under that paragraph was requested.
Orders of Tribunal: applications under s. 36
43. On an application under section 36, the Tribunal may make an order directing any party to the application to do anything that, in the opinion of the Tribunal, the party ought to do to promote compliance with this Act in respect of future practices, if the Tribunal determines that any one or more of the parties to the application have infringed a right under Part I and that the infringements are of a systemic nature.
Documents published by Commission
44. In determining a proceeding under this Part, the Tribunal may consider any document published by the Commission that the Tribunal considers relevant to the proceeding.
Decisions final
45. Subject to sections 21.1 and 21.2 of the Statutory Powers Procedure Act and the Tribunal rules, a decision of the Tribunal is final and not subject to appeal, and a decision of the Tribunal shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable.
Settlements
45.1 (1) If a settlement of an application made under section 35 or 36 is agreed to in writing and signed by the parties, the settlement is binding on the parties.
Consent order
(2) If a settlement of an application made under section 35 or 36 is agreed to in writing and signed by the parties, the Tribunal may, on the joint motion of the parties, make an order requiring compliance with the settlement or any part of the settlement.
Application where contravention
(3) If a settlement of an application made under section 35 or 36 is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (7),
(a) within six months after the contravention to which the application relates; or
(b) if there was a series of contraventions, within six months after the last contravention in the series.
Late applications
(4) A person may apply under subsection (3) 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.
Form of application
(5) An application under subsection (3) shall be in a form approved by the Tribunal.
Parties
(6) Subject to the Tribunal rules, the parties to an application under subsection (3) are the following:
1. The person who made the application.
2. Any person against whom an order is sought in the application.
3. Any person added as a party by the Tribunal.
Order
(7) If, on an application under subsection (3), the Tribunal determines that a party has contravened the settlement, the Tribunal may make any order that it would have been authorized to make under section 42 or 43 had no settlement been entered into.
Fees
45.2 Subject to the approval of the Minister, the Tribunal may establish and charge fees for expenses incurred by the Tribunal in connection with a proceeding under this Part.
Annual report
45.3 (1) The Tribunal shall make a report to the Minister not later than June 30 in each year upon the affairs of the Tribunal during the year ending on March 31 of that year.
Report laid in Assembly
(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.
7. (1) Section 46 of the Act is amended by adding the following definition:
"regulations" means the regulations made under this Act; ("règlements")
(2) The definition of "Tribunal" in section 46 of the Act is amended by striking out "section 35" at the end and substituting "section 32".
(3) Section 46 of the Act is amended by adding the following definition:
"Tribunal rules" means the rules governing practice and procedure that are made by the Tribunal under section 34. ("règles du Tribunal")
8. The Act is amended by adding the following sections:
Legal and other services
46.1 (1) The Minister may enter into agreements with prescribed persons or entities for the purposes of providing legal services and such other services as may be prescribed to applicants or other parties to a proceeding before the Tribunal.
Same
(2) An agreement under subsection (1) may provide for the payment for the services by the Ministry.
Power of court to order compensation
46.2 (1) If, in a civil proceeding in a court, the court finds that a party to the proceeding has infringed a right under Part I of another party to the proceeding, the court may order the party who infringed the right to pay monetary compensation to the party whose right was infringed for injury to dignity, feelings and self-respect.
Same
(2) Subsection (1) does not create a cause of action based solely on an infringement of a right under Part I.
Penalty
46.3 (1) Every person who contravenes section 9 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.
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.
Acts of officers, etc.
46.4 (1) For the purposes of this Act, except subsection 2 (2), subsection 5 (2), section 7 and subsection 46.3 (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.
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).
9. Clauses 48 (b), (c), (d) and (e) of the Act are repealed and the following substituted:
(b) respecting the powers, duties and functions of the Commission and its Chief Commissioner;
(c) prescribing tasks and responsibilities for the purposes of clauses 30 (4) (c) and 31 (4) (c);
(d) prescribing matters for the purposes of clause 34 (2) (e);
(e) prescribing persons, entities and services for the purposes of subsection 46.1 (1);
(f) governing any matter that is necessary or advisable for the effective enforcement and administration of this Act.
10. The Act is amended by adding the following Part:
PART VI
TRANSITIONAL PROVISIONS
Interpretation
49. (1) In this Part,
"effective date" means the day section 10 of the Human Rights Code Amendment Act, 2006 comes into force.
References to sections
(2) In this Part, a reference to a provision of this Act is a reference to the provision as it read immediately before the effective date unless otherwise indicated.
Orders respecting special programs
50. On the fifth anniversary of the effective date, all orders that were made by the Commission under subsection 14 (2) before the effective date shall be null and void.
Complaints before Commission on effective date
51. (1) This section applies to a complaint filed with the Commission under subsection 32 (1) or initiated by the Commission under subsection 32 (2) before the effective date if, on the effective date,
(a) the complaint has not been withdrawn or settled; and
(b) the Commission has not made a decision with respect to the complaint under section 34 or 36.
Transfer to Tribunal
(2) A complaint referred to in subsection (1) shall be deemed to be an application made to the Tribunal on the effective date.
Where complaint transferred
(3) Part IV, including sections 42 and 43, as it reads on the effective date, applies to the Tribunal in dealing with complaints referred to in subsection (1).
Commission decisions
52. (1) This section applies to the following decisions of the Commission that were made before the effective date and, as of that date, were not confirmed or overturned upon reconsideration under section 37:
1. A decision not to deal with a complaint under section 34.
2. A decision not to refer a complaint to the Tribunal under section 36.
Decision
(2) A decision referred to in subsection (1) is final, subject to the right of the parties to apply to a court for judicial review.
Application
(3) Subsection (2) applies whether or not the complainant had made a request to the Commission under section 37 for a reconsideration of the decision before the effective date.
Where settlement effected before effective date
53. Section 45.1, as it reads on the effective date, applies to the enforcement of a settlement that was effected by the Commission before the effective date and that was agreed to in writing, signed by the parties and approved by the Commission.
Complaints before Tribunal on effective date
54. (1) Part IV, including sections 42 and 43, as it reads on the effective date, applies with respect to any complaint that was referred to the Tribunal under section 36 before the effective date.
Parties
(2) On and after the effective date, the Commission is no longer a party to a proceeding referred to in subsection (1).
Same
(3) If evidence on the merits of a complaint referred to in subsection (1) was heard by the Tribunal before the effective date, the Commission shall continue as a party to the proceeding despite subsection (2).
Judicial review of Commission decision
55. Any decision of the Commission made before the effective date that, upon judicial review, would have been referred back to the Commission may be referred to the Tribunal.
Regulations, transitional matters
56. (1) The Lieutenant Governor in Council may make regulations providing for transitional matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of the Human Rights Code Amendment Act, 2006.
Same
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,
(a) providing for transitional matters relating to the changes to the administration and functions of the Commission;
(b) dealing with any problems or issues arising as a result of the repeal or enactment of a provision of this Act by the Human Rights Code Amendment Act, 2006.
Same
(3) A regulation under this section may be general or specific in its application.
Conflicts
(4) If there is a conflict between a provision in a regulation under this section and any provision of this Act or of any other regulation made under this Act, the regulation under this section prevails.
Review
57. (1) Five years after the day section 10 of the Human Rights Code Amendment Act, 2006 comes into force, the Minister shall appoint a person who shall undertake a review of the implementation and effectiveness of the changes resulting from the enactment of that Act.
Report to Minister
(2) The person appointed under subsection (1) shall prepare a report on his or her findings and submit the report to the Minister within one year of his or her appointment.
Access to Justice Act, 2006 (Bill 14)
11. (1) This section applies only if Bill 14 (An Act to promote access to justice by amending or repealing various Acts and by enacting the Legislation Act, 2006), introduced on October 27, 2005, receives Royal Assent.
(2) References in this section to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 14.
(3) On the later of the day section 6 of this Act comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 34 (5) of the Human Rights Code is amended by striking out "the Regulations Act" at the end and substituting "Part III of the Legislation Act, 2006".
Commencement
12. (1) This section and section 13 come into force on the day this Act receives Royal Assent.
Same
(2) Sections 1 to 11 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
13. The short title of this Act is the Human Rights Code Amendment Act, 2006.
EXPLANATORY NOTE
The Bill amends the Human Rights Code. The amendments have three main purposes:
1. To revise the administration and functions of the Ontario Human Rights Commission.
2. To provide that applications relating to the infringement of rights under Part I of the Act are to be made directly to the Human Rights Tribunal of Ontario.
3. To continue the Tribunal and revise its procedures and powers in dealing with matters brought before it.
Ontario Human Rights Commission
Part III of the Act is repealed and replaced. Part III relates to the appointment, administration and functions of the Ontario Human Rights Commission. Section 27 is amended to refer to the appointment of a Chief Commissioner who shall direct the Commission and perform such other duties as are specified under the Act. The Commission's functions are revised to emphasize the promotion of respect for human rights in Ontario and the elimination of systemic discriminatory practices. The Commission also initiates applications to the Tribunal in order to address infringements of rights under Part I of the Act that are of a systemic nature. The Commission designates programs as special programs for the purposes of subsection 14 (2). The Chief Commissioner will direct an Anti-Racism Secretariat and a Disability Rights Secretariat, to be established under sections 30 and 31.
Complaints relating to an infringement of rights under Part I
Sections 32 and 33 of the Act currently provide that a person may make a complaint to the Commission if he or she believes that his or her rights under the Act have been infringed. The Commission is required to investigate such complaints and to either settle the complaint, dismiss the matter or refer the matter to the Tribunal. The Bill would eliminate the role of the Commission with respect to complaints. Instead, an individual who believes his or her rights under Part I of the Act have been infringed could apply directly to the Tribunal for a remedy in respect of the infringement.
Human Rights Tribunal of Ontario
Part IV of the Act is repealed and replaced. The Tribunal is continued under section 32. The Tribunal is given powers to enable it to govern its own practices and procedures. Where an application is made by a person who believes his or her rights under Part I of the Act have been infringed, there are no limits on the amount of monetary compensation that may be ordered and the compensation may include compensation for injury to dignity, feelings and self-respect. The Tribunal is given additional powers to make orders in the case of an application by the Commission under section 36 in order to address infringements of rights under Part I of the Act that are of a systemic nature.
The following is a summary of other significant amendments:
1. New section 46.1 allows the Minister to enter into agreements for the purpose of providing legal and other services to the parties to a proceeding before the Tribunal.
2. New section 46.2 enables a court to order monetary compensation for injury to dignity, feelings and self-respect, where a finding is made that a right under Part I of the Act has been infringed.
3. A new Part VI is added to the Act to deal with transitional matters arising from the amendments in the Bill. New section 57 provides for a review to be undertaken within five years of the coming into force of the Bill. The review will examine the implementation and effectiveness of the amendments.

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