AODA Alliance
Second Batch of McGuinty Government Motions to Amend Bill 107
The following is the second batch of motions that the McGuinty Government tabled with the Standing Committee on Justice Policy to amend Bill 107. (around 45 pages) These were tabled on November 29, 2006, the very day on which the Standing Committee would debate and vote on these. This afforded MPPs
and the public no time in advance to read and analyze these.
On the day these were placed before the Standing Committee for debate and vote, these motions were not provided in an accessible alternative format for those who cannot read print due to vision or other disabilities.
mot107gov.e
Motions package draft 12
Bill 107
An Act to amend the Human Rights Code Government Motions
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (subsection 14 (3) of the Act)
I move that clause 14 (3) (b) of the Act, as set out in section 2 of the Bill, be amended by striking out “specified in the approval” and substituting
“specified in the designation”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (subsections 14 (4) and (5) of the Act)
I move that subsections 14 (4) and (5) of the Act, as set out in section 2 the
Bill, be struck out and the following substituted:
Inquiries initiated by Commission
(4) The Commission may, on its own initiative, inquire into one or more programs to determine whether the programs are special programs for the purposes of subsection (1).
End of inquiry
(5) At the conclusion of an inquiry under subsection (4), the Commission may
designate as a special program any of the programs under inquiry if, in its
opinion, the programs meet the requirements of subsection (1).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (subsection 14 (6) of the Act)
I move that subsection 14 (6) of the Act, as set out in section 2 of the Bill,
be amended by striking out “subsection (2) or (5)” and substituting “subsection
(3) or (5)”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (new subsection 14 (6.1) of the Act)
I move that section 14 of the Act, as amended by section 2 of the Bill, be
amended by adding the following subsection:
Renewal of designation
(6.1) If an application for renewal of a designation of a program as a special
program is made to the Commission before its expiry under subsection (6), the
Commission may,
(a) renew the designation if, in its opinion, the program continues to meet the
requirements of subsection (1); or
(b) renew the designation on the condition that the program make such
modifications as are specified in the designation in order to meet the
requirements of subsection (1).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (subsection 14 (7) of the Act)
I move that subsection 14 (7) of the Act, as set out in section 2 of the Bill,
be struck out and the following substituted:
Effect of designation, etc.
(7) In a proceeding,
(a) evidence that a program has been designated as a special program under this
section is proof, in the absence of evidence to the contrary, that the program
is a special program for the purposes of subsection (1); and
(b) evidence that the Commission has considered and refused to designate a
program as a special program under this section is proof, in the absence of
evidence to the contrary, that the program is not a special program for the
purposes of subsection (1).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 2 (new subsection 14 (9) of the Act)
I move that section 14 of the Act, as amended by section 2 of the Bill, be
amended by adding the following subsection:
Tribunal finding
(9) For the purposes of a proceeding before the Tribunal, the Tribunal may make
a finding that a program meets the requirements of a special program under
subsection (1), even though the program has not been designated as a special
program by the Commission under this section, subject to clause (7) (b).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (new subsections 27 (2.1) and (2.2) of the Act)
I move that section 27 of the Act, as set out in section 5 of the Bill, be
amended by adding the following subsections:
Appointment
(2.1) Every person appointed to the Commission shall have knowledge, experience or training with respect to human rights law and issues.
Criteria
(2.2) 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 27 (7) and new subsections 27 (7.1) and (7.2) of the Act)
I move that subsection 27 (7) of the Act, as set out in section 5 of the Bill,
be struck out and the following substituted:
Employees
(7) The Commission may appoint such employees as it considers necessary for the proper conduct of its affairs and the employees shall be appointed under the
Public Service Act.
Evidence obtained in performance of duties
(7.1) 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.
Same, employees
(7.2) 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 27 (8) of the Act)
I move that subsection 27 (8) of the Act, as set out in section 5 of the Bill,
be amended by striking out “to any other member of the Commission” and
substituting “to any member of the Anti-Racism Secretariat, the Disability
Rights Secretariat or an advisory group or to any other member of the
Commission”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (new subsection 27 (9) of the Act)
I move that section 27 of the Act, as set out in section 5 of the Bill, be
amended by adding the following subsection:
Divisions
(9) 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (section 29 of the Act)
I move that the portion of section 29 before clause (a), as set out in section 5
of the Bill, be struck out and the following substituted:
Functions of Commission
29. The functions of the Commission are to promote and advance respect for human rights in Ontario, to protect human rights in Ontario and, recognizing that it is in the public interest to do so and that it is the Commission’s duty to
protect the public interest, to identify and promote the elimination of
discriminatory practices and, more specifically,
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subclause 29 (b) (i) of the Act)
I move that subclause 29 (b) (i) of the Act, as set out in section 5 of the
Bill, be struck out and the following substituted:
(i) promote awareness and understanding of, respect for and compliance with this Act, and
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (clause 29 (c) of the Act)
I move that clause 29 (c) of the Act, as set out in section 5 of the Bill, be
amended by striking out “research into discriminatory practices that infringe
rights under Part I” and substituting “research into discriminatory practices”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (clause 29 (e) of the Act)
I move that clause 29 (e) of the Act, as set out in section 5 of the Bill, be
struck out and the following substituted:
(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;
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (clause 29 (g) of the Act)
I move that clause 29 (g) of the Act, as set out in section 5 of the Bill, be
amended by striking out “to approve” at the beginning and substituting “to
designate”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (new clause 29 (g.1) of the Act)
I move that section 29 of the Act, as set out in section 5 of the Bill, be
amended by adding the following clause:
(g.1) to approve policies under section 29.1;
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (clause 29 (i) of the Act)
I move that clause 29 (i) of the Act, as set out in section 5 of the Bill, be
struck out and the following substituted:
(i) to report to the people of Ontario on the state of human rights in Ontario
and on its affairs;
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (new section 29.1 of the Act)
I move that Part III of the Act, as set out in section 5 of the Bill, be amended
by adding the following section:
Commission documents
29.1 The Commission may approve policies prepared and published by the
Commission to provide guidance in the application of Parts I and II.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (new sections 29.2 and 29.3 of the Act)
I move that Part III of the Act, as set out in section 5 of the Bill, be amended
by adding the following sections:
Inquiries
29.2 (1) The Commission may conduct an inquiry under this section for the
purpose of carrying out its functions under this Act if the Commission believes
it is in the public interest to do so.
Conduct of inquiry
(2) An inquiry may be conducted under this section by any person who is
appointed by the Commission to carry out inquiries under this section.
Production of certificate
(3) A person conducting an inquiry under this section shall produce proof of
their appointment upon request.
Entry
(4) A person conducting an inquiry under this section may, without warrant,
enter any lands or any building, structure or premises where the person has
reason to believe there may be documents, things or information relevant to the
inquiry.
Time of entry
(5) The power to enter a place under subsection (4) may be exercised only during
the place’s regular business hours or, if it does not have regular business
hours, during daylight hours.
Dwellings
(6) A person conducting an inquiry under this section shall not enter into a
place or part of a place that is a dwelling without the consent of the occupant.
Powers on inquiry
(7) A person conducting an inquiry may,
(a) request the production for inspection and examination of documents or things that are or may be relevant to the inquiry;
(b) upon giving a receipt for it, remove from a place documents produced in
response to a request under clause (a) for the purpose of making copies or
extracts;
(c) question a person on matters that are or may be relevant to the inquiry,
subject to the person’s right to have counsel or a personal representative
present during such questioning and exclude from the questioning any person who may be adverse in interest to the inquiry;
(d) use any data storage, processing or retrieval device or system used in
carrying on business in the place in order to produce a document in readable
form;
(e) take measurements or record by any means the physical dimensions of a place;
(f) take photographs, video recordings or other visual or audio recordings of
the interior or exterior of a place; and
(g) require that a place or part thereof not be disturbed for a reasonable
period of time for the purposes of carrying out an examination, inquiry or test.
Written demand
(8) A demand that a document or thing be produced must be in writing and must
include a statement of the nature of the document or thing required.
Assistance
(9) A person conducting an inquiry may be accompanied by any person who has
special, expert or professional knowledge and who may be of assistance in
carrying out the inquiry.
Use of force prohibited
(10) A person conducting an inquiry shall not use force to enter and search
premises under this section.
Obligation to produce and assist
(11) A person who is requested to produce a document or thing under clause (7)
(a) shall produce it and shall, on request by the person conducting the inquiry,
provide any assistance that is reasonably necessary, including assistance in
using any data storage, processing or retrieval device or system, to produce a
document in readable form.
Return of removed things
(12) A person conducting an inquiry who removes any document or thing from a
place under clause (7) (b) shall,
(a) make it available to the person from whom it was removed, on request, at a
time and place convenient for both that person and the person conducting the
inquiry; and
(b) return it to the person from whom it was removed within a reasonable time.
Admissibility of copies
(13) A copy of a document certified by a person conducting an inquiry to be a
true copy of the original is admissible in evidence to the same extent as the
original and has the same evidentiary value.
Obstruction
(14) No person shall obstruct or interfere with a person conducting an inquiry
under this section.
Search warrant
29.3 (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 29.2 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 29.2 made a request for
documents or things and the request was refused; or
(c) an inquiry under section 29.2 is otherwise obstructed or prevented.
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 29.2.
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.
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.
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.
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.
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.
Obstruction prohibited
(8) No person shall obstruct or hinder a person in the execution of a warrant
issued under this section.
Application
(9) Subsections 29.2 (11), (12) and (13) apply with necessary modifications to
an inquiry carried out pursuant to a warrant issued under this section.
Evidence used in Tribunal proceedings
29.4 Despite any other Act, evidence obtained on an inquiry under section 29.2
or 29.3 may be received into evidence in a proceeding before the Tribunal.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 30 (2) of the Act)
I move that subsection 30 (2) of the Act, as set out in section 5 of the Bill,
be amended by striking out “by the Minister” and substituting “by the Lieutenant
Governor in Council”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 30 (3) of the Act)
I move that subsection 30 (3) of the Act, as set out in section 5 of the Bill,
be amended by striking out “The Minister” at the beginning and substituting “The
Lieutenant Governor in Council”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 30 (4) of the Act)
I move that subsection 30 (4) of the Act, as set out in section 5 of the Bill,
be amended by,
(a) striking out “make recommendations” in clause (a) and substituting “make
recommendations to the Commission”; and
(b) striking out “or prescribed by regulation” at the end of clause (c).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 31 (2) of the Act)
I move that subsection 31 (2) of the Act, as set out in section 5 of the Bill,
be amended by striking out “by the Minister” and substituting “by the Lieutenant
Governor in Council”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 31 (3) of the Act)
I move that subsection 31 (3) of the Act, as set out in section 5 of the Bill,
be amended by striking out “The Minister” at the beginning and substituting “The
Lieutenant Governor in Council”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (subsection 31 (4) of the Act)
I move that subsection 31 (4) of the Act, as set out in section 5 of the Bill,
be amended by,
(a) striking out “make recommendations” in clause (a) and substituting “make
recommendations to the Commission”; and
(b) striking out “or prescribed by regulation” at the end of clause (c).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 5 (sections 31.2 and 31.3 of the Act)
I move that section 31.2 of the Act, as set out in section 5 of the Bill, be
struck out and the following substituted:
Annual report
31.2 (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.
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.
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).
Other reports
31.3 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (subsection 32 (1) of the Act)
I move that subsection 32 (1) of the Act, as set out in section 6 of the Bill,
be struck out and the following substituted:
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.
Composition
(1.1) 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 (1.2).
Selection process
(1.2) 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new subsections 32 (4.1) and (4.2) of the Act)
I move that section 32 of the Act, as set out in section 6 of the Bill, be
amended by adding the following subsections:
Alternate chair
(4.1) The Lieutenant Governor in Council shall designate one of the vice-chairs
to be the alternate chair.
Same
(4.2) 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (subsection 32 (5) of the Act)
I move that subsection 32 (5) of the Act, as set out in section 6 of the Bill,
be struck out and the following substituted:
Employees
(5) The Tribunal may appoint such employees as it considers necessary for the
proper conduct of its affairs and the employees shall be appointed under the
Public Service Act.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 34 of the Act)
I move that section 34 of the Act, as set out in section 6 of the Bill, be
struck out.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (clauses 35 (1) (a) and (b) of the Act)
I move that clauses 35 (1) (a) and (b) of the Act, as set out in section 6 of
the Bill, be struck out and the following substituted:
(a) within 12 months after the incident to which the application relates; or
(b) if there was a series of incidents, within 12 months after the last incident
in the series.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new subsections 35 (4.1), (4.2), (4.3), (4.4) and (4.5) of the Act)
I move that section 35 of the Act, as set out in section 6 of the Bill, be
amended by adding the following subsections:
Application on behalf of another
(4.1) A person or organization, other than the Commission, may apply on behalf
of another person to the Tribunal for an order under section 42 if the other
person,
(a) would have been entitled to bring an application under subsection (1); and
(b) consents to the application.
Participation in proceedings
(4.2) 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.
Consent form
(4.3) A consent under clause (4.1) (b) shall be in a form specified in the
Tribunal rules.
Time of application
(4.4) An application under subsection (4.1) shall be made within the time period
required for making an application under subsection (1).
Application
(4.5) Subsections (2) and (3) apply to an application made under subsection
(4.1).
Withdrawal of application
(4.6) An application under subsection (4.1) may be withdrawn by the person on
behalf of whom the application is made in accordance with the Tribunal rules.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (subsection 35 (5) of the Act)
I move that subsection 35 (5) of the Act, as set out in section 6 of the Bill,
be amended by,
(a) striking out “has not been finally determined” in clause (a) and
substituting “has not been finally determined or withdrawn”; and
(b) adding “or the matter has been settled” at the end of clause (b).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (clauses 36 (1) (a), (b) and (c) of the Act)
I move that clauses 36 (1) (a), (b) and (c) of the Act, as set out in section 6
of the Bill, be struck out and the following substituted:
(a) it is in the public interest to make an application; and
(b) an order under section 43 could provide an appropriate remedy.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new subsection 36 (4) of the Act)
I move that section 36 of the Act, as set out in section 6 of the Bill, be
amended by adding the following subsection:
Applications dealt with together
(4) If a person or organization makes an application under section 35 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new sections 36.1, 36.2 and 36.3 of the Act)
I move that Part IV of the Act, as set out in section 6 of the Bill, be amended
by adding the following sections:
Parties
36.1 The parties to an application under section 35 or 36 are the following:
1. In the case of an application under subsection 35 (1), the person who made
the application.
2. In the case of an application under subsection 35 (4.1), the person on behalf
of whom the application is made.
3. In the case of an application under section 36, 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.
Intervention by Commission
36.2 (1) The Commission may intervene in an application under section 35 on such terms as the Tribunal may determine having regard to the role and mandate of the Commission under this Act.
Intervention as a party
(2) The Commission may intervene as a party to an application under section 35
if the person or organization who made the application consents to the
intervention as a party.
Disclosure of information to Commission
36.3 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (sections 37, 38 and 39 of the Act)
I move that sections 37, 38 and 39 of the Act, as set out in section 6 of the
Bill, be struck out and the following substituted:
Powers of Tribunal
37. 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.
Disposition of applications
37.1 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.
Interpretation of Part and rules
37.2 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.
Statutory Powers Procedure Act
38. (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.
Same
(2) Despite subsection (1), section 25.1 of the Statutory Powers Procedure Act
does not apply to a proceeding before the Tribunal.
Conflict
(3) 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.
Tribunal rules
39. (1) Subject to the approval of the Lieutenant Governor in Council, the
Tribunal may make rules governing the practice and procedure before it.
Required practices and procedures
(2) The rules shall ensure that the following requirements are met with respect
to any proceeding before the Tribunal:
1. An application that is within the jurisdiction of the Tribunal shall not be
finally disposed of without affording the parties an opportunity to make oral
submissions in accordance with the rules.
2. An application may not be finally disposed of without written reasons.
Same
(3) Without limiting the generality of subsection (1), the Tribunal rules may,
(a) provide for and require the use of hearings or of practices and procedures
that are provided for under the Statutory Powers Procedure Act or that are
alternatives to traditional adjudicative or adversarial procedures;
(b) authorize the Tribunal to,
(i) define or narrow the issues required to dispose of an application and limit
the evidence and submissions of the parties on such issues, and
(ii) determine the order in which the issues and evidence in a proceeding will
be presented;
(c) authorize the Tribunal to conduct examinations in chief or
cross-examinations of a witness;
(d) prescribe the stages of its processes at which preliminary, procedural or
interlocutory matters will be determined;
(e) authorize the Tribunal to make or cause to be made such examinations of
records and such other inquiries as it considers necessary in the circumstances;
(f) authorize the Tribunal to require a party to a proceeding or another person
to,
(i) produce any document, information or thing and provide such assistance as is
reasonably necessary, including using any data storage, processing or retrieval
device or system, to produce the information in any form,
(ii) provide a statement or oral or affidavit evidence, or
(iii) in the case of a party to the proceeding, adduce evidence or produce
witnesses who are reasonably within the party’s control; and
(g) govern any matter prescribed by the regulations.
General or particular
(4) The rules may be of general or particular application.
Consistency
(5) The rules shall be consistent with this Part.
Regulation
(6) The rules made under this section are regulations for the purposes of the
Regulations Act.
Failure to comply with rules
(7) Failure on the part of the Tribunal to comply with the practices and
procedures required by the rules or the exercise of a discretion under the rules
by the Tribunal in a particular manner is not a ground for setting aside a
decision of the Tribunal on an application for judicial review or any other form
of relief, unless the failure or the exercise of a discretion caused a
substantial wrong which affected the final disposition of the matter.
Adverse inference
(8) The Tribunal may draw an adverse inference from the failure of a party to
comply, in whole or in part, with an order of the Tribunal for the party to do
anything under a rule made under clause (3) (f).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new section 39.1 of the Act)
I move that Part IV of the Act, as set out in section 6 of the Bill, be amended
by adding the following section:
Tribunal inquiry
39.1 (1) At the request of a party to an application under this Part, the
Tribunal may appoint a person to conduct an inquiry under this section if the
Tribunal is satisfied that,
(a) an inquiry is required in order to obtain evidence;
(b) the evidence obtained may assist in achieving a fair, just and expeditious
resolution of the merits of the application; and
(c) it is appropriate to do so in the circumstances.
Production of certificate
(2) A person conducting an inquiry under this section shall produce proof of
their appointment upon request.
Entry
(3) A person conducting an inquiry under this section may, without warrant,
enter any lands or any building, structure or premises where the person has
reason to believe there may be evidence relevant to the application.
Time of entry
(4) The power to enter a place under subsection (3) may be exercised only during
the place’s regular business hours or, if it does not have regular business
hours, during daylight hours.
Dwellings
(5) A person conducting an inquiry shall not enter into a place or part of a
place that is a dwelling without the consent of the occupant.
Powers on inquiry
(6) A person conducting an inquiry may,
(a) request the production for inspection and examination of documents or things that are or may be relevant to the inquiry;
(b) upon giving a receipt for it, remove from a place documents produced in
response to a request under clause (a) for the purpose of making copies or
extracts;
(c) question a person on matters that are or may be relevant to the inquiry,
subject to the person’s right to have counsel or a personal representative
present during such questioning and exclude from the questioning any person who may be adverse in interest to the inquiry;
(d) use any data storage, processing or retrieval device or system used in
carrying on business in the place in order to produce a document in readable
form;
(e) take measurements or record by any means the physical dimensions of a place;
(f) take photographs, video recordings or other visual or audio recordings of
the interior or exterior of a place; and
(g) require that a place or part thereof not be disturbed for a reasonable
period of time for the purposes of carrying out an examination, inquiry or test.
Written demand
(7) A demand that a document or thing be produced must be in writing and must
include a statement of the nature of the document or thing required.
Assistance
(8) A person conducting an inquiry may be accompanied by any person who has
special, expert or professional knowledge and who may be of assistance in
carrying out the inquiry.
Use of force prohibited
(9) A person conducting an inquiry shall not use force to enter and search
premises under this section.
Obligation to produce and assist
(10) A person who is requested to produce a document or thing under clause (6)
(a) shall produce it and shall, on request by the person conducting the inquiry,
provide any assistance that is reasonably necessary, including assistance in
using any data storage, processing or retrieval device or system, to produce a
document in readable form.
Return of removed things
(11) A person conducting an inquiry who removes any document or thing from a
place under clause (6) (b) shall,
(a) make it available to the person from whom it was removed, on request, at a
time and place convenient for both that person and the person conducting the
inquiry; and
(b) return it to the person from whom it was removed within a reasonable time.
Admissibility of copies
(12) A copy of a document certified by a person conducting an inquiry to be a
true copy of the original is admissible in evidence to the same extent as the
original and has the same evidentiary value.
Obstruction
(13) No person shall obstruct or interfere with a person conducting an inquiry
under this section.
Inquiry report
(14) A person conducting an inquiry shall prepare a report and submit it to the
Tribunal and the parties to the application that gave rise to the inquiry in
accordance with the Tribunal rules.
Transfer of inquiry to Commission
(15) The Commission may, at the request of the Tribunal, appoint a person to
conduct an inquiry under this section and the person so appointed has all of the
powers of a person appointed by the Tribunal under this section and shall report
to the Tribunal in accordance with subsection (14).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 41 of the Act)
I move that section 41 of the Act, as set out in section 6 of the Bill, be
struck out and the following substituted:
Dismissal in accordance with rules
41. 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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (paragraph 3 of subsection 42 (1) of the Act)
I move that paragraph 3 of subsection 42 (1) of the Act, as set out in section 6
of the Bill, be struck out and the following substituted:
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.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (subsection 42 (2) of the Act)
I move that subsection 42 (2) of the Act, as set out in section 6 of the Bill,
be struck out and the following substituted:
Orders under par. 3 of subs. (1)
(2) For greater certainty, an order under paragraph 3 of subsection (1),
(a) may direct a person to do anything with respect to future practices; and
(b) may be made even if no order under that paragraph was requested.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 43 of the Act)
I move that section 43 of the Act, as set out in section 6 of the Bill, be
struck out and the following substituted:
Orders of Tribunal: applications under s. 36
43. (1) If, on an application under section 36, the Tribunal determines that any
one or more of the parties to the application have infringed a right under Part
I, the Tribunal may make an order directing any party to the application to do
anything that, in the opinion of the Tribunal, the party ought to do to promote
compliance with this Act.
Same
(2) For greater certainty, an order under subsection (1) may direct a person to
do anything with respect to future practices.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new section 43.1 of the Act)
I move that Part IV of the Act, as set out in section 6 of the Bill, be amended
by adding the following section:
Matters referred to Commission
43.1 (1) The Tribunal may refer any matters arising out of a proceeding before
it to the Commission if, in the Tribunal’s opinion, they are matters of public
interest or are otherwise of interest to the Commission.
Same
(2) The Commission may, in its discretion, decide whether to deal with a matter
referred to it by the Tribunal.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 44 and new sections 44.1 and 44.2 of the Act)
I move that section 44 of the Act, as set out in section 6 of the Bill, be
struck out and the following substituted:
Documents published by Commission
44. (1) In a proceeding under this Part, the Tribunal may consider policies
approved by the Commission under section 29.1.
Same
(2) Despite subsection (1), the Tribunal shall consider a policy approved by the
Commission under section 29.1 in a proceeding under this Part if a party to the
proceeding or an intervenor requests that it do so.
Stated case to Divisional court
44.1 (1) If the Tribunal makes a final decision or order in a proceeding in
which the Commission was a party or an intervenor, and the Commission believes that the decision or order is not consistent with a policy that has been
approved by the Commission under section 29.1, the Commission may apply to the Tribunal to have the Tribunal state a case to the Divisional Court.
Same
(2) If the Tribunal determines that the application of the Commission relates to
a question of law and that it is appropriate to do so, it may state the case in
writing for the opinion of the Divisional Court upon the question of law.
Parties
(3) The parties to a stated case under this section are the parties to the
proceeding referred to in subsection (1) and, if the Commission was an
intervenor in that proceeding, the Commission.
Submissions by Tribunal
(4) The Divisional Court may hear submissions from the Tribunal.
Powers of Divisional Court
(5) The Divisional Court shall hear and determine the stated case.
No stay
(6) Unless otherwise ordered by the Tribunal or the Divisional Court, an
application by the Commission under subsection (1) or the stating of a case to
the Divisional Court under subsection (2) does not operate as a stay of the
final decision or order of the Tribunal.
Reconsideration of Tribunal decision
(8) Within 30 days of receipt of the decision of the Divisional Court, any party
to the stated case proceeding may apply to the Tribunal for a reconsideration of
its original decision or order in accordance with section 44.2.
Reconsideration of Tribunal decision
44.2 (1) Any party to a proceeding before the Tribunal may request that the
Tribunal reconsider its decision in accordance with the Tribunal rules.
Same
(2) Upon request under subsection (1) or on its own motion, the Tribunal may
reconsider its decision in accordance with its rules.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 45 of the Act)
I move that section 45 of the Act, as set out in section 6 of the Bill, be
struck out and the following substituted:
Decisions final
45. Subject to section 44.1 of this Act, section 21.1 of the Statutory Powers
Procedure Act and the Tribunal rules, a decision of the Tribunal is final and
not subject to appeal and shall not be altered or set aside in an application
for judicial review or in any other proceeding unless the decision is patently
unreasonable.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (paragraphs 1, 2 and 3 of subsection 45.1 (6) of the Act)
I move that paragraphs 1, 2 and 3 of subsection 45.1 (6) of the Act, as set out
in section 6 of the Bill, be struck out and the following substituted:
1. The parties to the settlement.
2. Any other person or the Commission, if they are added as a party by the
Tribunal.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (new subsection 45.1 (6.1) of the Act)
I move that section 45.1 of the Act, as set out in section 6 of the Bill, be
amended by adding the following subsection:
Intervention by Commission
(6.1) Section 36.2 applies with necessary modifications to an application under
subsection (3).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (subsection 45.1 (7) of the Act)
I move that subsection 45.1 (7) of the Act, as set out in section 6 of the Bill,
be amended by striking out “that it would have been authorized to make under
section 42 or 43 had no settlement been entered into” at the end and
substituting “that it considers appropriate to remedy the contravention”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 6 (section 45.2 of the Act)
I move that section 45.2 of the Act, as set out in section 6 of the Bill, be
struck out.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
New section 6.1 (new Part IV.1 of the Act)
I move that the Bill be amended by adding the following section:
6.1 The Act is amended by adding the following Part:
PART IV.1
HUMAN RIGHTS LEGAL SUPPORT CENTRE
Centre established
45.4 (1) A corporation without share capital is established under the name Human Rights Legal Support Centre in English and Centre d’assistance juridique en matière de droits de la personne in French.
Membership
(2) The members of the Centre shall consist of its board of directors.
Not a Crown agency
(3) The Centre is not an agent of Her Majesty nor a Crown agent for the purposes
of the Crown Agency Act.
Powers of natural person
(4) The Centre has the capacity and the rights, powers and privileges of a
natural person, subject to the limitations set out in this Act or the
regulations.
Independent from but accountable to Ontario
(5) The Centre shall be independent from, but accountable to, the Government of
Ontario as set out in this Act.
Objects
45.5 The objects of the Centre are,
(a) to establish and administer a cost-effective and efficient system for
providing support services, including legal services, respecting applications to
the Tribunal under Part IV;
(b) to establish policies and priorities for the provision of support services
based on its financial resources.
Provision of support services
45.6 (1) The Centre shall provide the following support services:
1. Advice and assistance, legal and otherwise, respecting the infringement of
rights under Part I.
2. Legal services in relation to,
i. the making of applications to the Tribunal under Part IV,
ii. proceedings before the Tribunal under Part IV,
iii. applications for judicial review arising from Tribunal proceedings,
iv. stated case proceedings,
v. the enforcement of Tribunal orders.
3. Such other services as may be prescribed by regulation.
Availability of services
(2) The Centre shall ensure that the support services are available throughout
the Province, using such methods of delivering the services as the Centre
believes are appropriate.
Board of directors
45.7 (1) The affairs of the Centre shall be governed and managed by its board of
directors.
Composition and appointment
(2) The board of directors of the Centre shall consist of no fewer than five and
no more than nine members appointed by the Lieutenant Governor in Council in
accordance with the regulations.
Appointment of Chair
(3) A Chair designated by the Lieutenant Governor in Council will preside at
meetings.
Remuneration
(4) The board of directors may be remunerated as determined by the Lieutenant
Governor in Council.
Duties
(5) The board of directors of the Centre shall be responsible for furthering the
objects of the Centre.
Delegation
(6) The board of directors may delegate any power or duty to any committee, to
any member of a committee or to any officer or employee of the Centre.
Same
(7) A delegation shall be in writing and shall be on the terms and subject to
the limitations, conditions or requirements specified in it.
Board to act responsibly
(8) The board of directors shall act in a financially responsible and
accountable manner in exercising its powers and performing its duties.
Standard of care
(9) Members of the board of directors shall act in good faith with a view to the
objects of the Centre and shall exercise the care, diligence and skill of a
reasonably prudent person.
Government funding
45.8 (1) The Centre shall submit its annual budget to the Minister for approval
every year in a manner and form, and at a time, specified in the regulations.
Approved budget included in estimates
(2) If approved by the Minister, the annual budget shall be submitted to Cabinet
to be reviewed for inclusion in the estimates of the Ministry.
Appropriation by Legislature
(3) The money required for the purposes of this Act shall be paid out of such
money as is appropriated therefor by the Legislature.
Centre’s money not part of Consolidated Revenue Fund
45.9 The Centre’s money and investments do not form part of the Consolidated
Revenue Fund and shall be used by the Centre in carrying out its objects.
Annual report
45.10 (1) The Centre shall submit an annual report to the Minister within four
months after the end of its fiscal year.
Fiscal year
(2) The fiscal year of the Centre shall be from April 1 to March 31 of the
following year.
Audit
45.11 (1) The Centre must ensure that its books of financial account are audited
annually in accordance with generally accepted accounting principles and a copy
of the audit is given to the Minister.
Audit by Minister
(2) The Minister has the right to audit the Centre at any time that the Minister
chooses.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Subsection 7 (3) (section 46 of the Act)
I move that the definition of “Tribunal rules” in section 46 of the Act, as set
out in subsection 7 (3) of the Bill, be amended by striking out “section 34” at
the end and substituting “section 39”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 8 (section 46.1 of the Act)
I move that section 46.1 of the Act, as set out in section 8 of the Bill, be
struck out.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 8 (section 46.2 of the Act)
I move that section 46.2 of the Act, as set out in section 8 of the Bill, be
struck out and the following substituted:
Civil remedy
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 make either of the following orders, or both:
1. An order directing the party who infringed the right to pay monetary
compensation to the party whose right was infringed for loss arising out of the
infringement, including compensation for injury to dignity, feelings and
self-respect.
2. An order directing the party who infringed the right to make restitution to
the party whose right was infringed, other than through monetary compensation, for loss arising out of the infringement, including restitution for injury to dignity, feelings and self-respect.
Same
(2) Subsection (1) does not permit a person to commence an action based solely
on an infringement of a right under Part I.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 8 (subsection 46.3 (1) of the Act)
I move that subsection 46.3 (1) of the Act, as set out in section 8 of the Bill,
be amended by striking out “section 9” and substituting “section 9 or subsection
29.2 (14), 29.3 (8) or 39.1 (13)”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 9 (clauses 48 (b), (c), (d), (e) and (f) of the Act)
I move that clauses 48 (b), (c), (d), (e) and (f) of the Act, as set out in
section 9 of the Bill, be struck out and the following substituted:
(b) prescribing matters for the purposes of clause 39 (3) (g);
(c) respecting the Human Rights Legal Support Centre;
(d) governing any matter that is necessary or advisable for the effective
enforcement and administration of this Act.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 9 (section 48 of the Act)
I move that section 9 of the Bill be amended by adding the following subsection:
(2) Section 48 of the Act is amended by adding the following subsection:
Human Rights Legal Support Centre
(2) A regulation made under clause (1) (c) may,
(a) further define the Centre’s constitution, management and structure as set
out in Part IV.1;
(b) prescribe powers and duties of the Centre and its members;
(c) provide for limitations on the Centre’s powers under subsection 45.4 (4);
(d) prescribe services for the purposes of paragraph 3 of subsection 45.6 (1);
(e) further define the nature and scope of support services referred to in
subsection 45.6 (1);
(f) provide for factors to be considered in appointing members and specify the
circumstances and manner in which they are to be considered;
(g) provide for the term of appointment and reappointment of the Centre’s
members;
(h) provide for the nature and scope of the annual report required under section
45.10;
(i) provide for reporting requirements in addition to the annual report;
(j) provide for personal information to be collected by or on behalf of the
Centre other than directly from the individual to whom the information relates,
and for the manner in which the information is collected;
(k) provide for the transfer from specified persons or entities of information,
including personal information, that is relevant to carrying out the functions
of the Centre;
(l) provide for rules governing the confidentiality and security of information,
including personal information, the collection, use and disclosure of such
information, the retention and disposal of such information, and access to and
correction of such information, including restrictions on any of these things,
for the purposes of the carrying out of the functions of the Centre;
(m) specify requirements and conditions for the funding of the Centre and for
the Centre’s budget;
(n) provide for audits of the statements and records of the Centre;
(o) determine whether or not the Business Corporations Act, the Corporations
Information Act or the Corporations Act or any provisions of those Acts apply to
the Centre;
(p) provide for anything necessary or advisable for the purposes of Part IV.1.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 10 (Section 49 of the Act)
I move that section 49 of the Act, as set out in section 10 of the Bill, be
struck out and the following substituted:
Definitions
49. In this Part,
“effective date” means the day sections 5 and 6 of the Human Rights Code
Amendment Act, 2006 come into force; (“date d’effet”)
“new Part IV” means Part IV as it reads on and after the effective date;
(“nouvelle partie IV”)
“old Part IV” means Part IV as it reads before the effective date. (“ancienne
partie IV”)
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 10 (sections 51, 52, 53, 54 and 55 of the Act)
I move that sections 51, 52, 53, 54 and 55 of the Act, as set out in section 10
of the Bill, be struck out and the following substituted:
Application of s. 32 (1.2)
51. Subsection 32 (1.2) applies to the selection and appointment of persons to
the Tribunal on or after the day section 10 of the Human Rights Code Amendment Act, 2006 comes into force.
Tribunal powers before effective date
52. (1) Despite anything to the contrary in the old Part IV, the Tribunal may,
before the effective date,
(a) make rules in accordance with the new Part IV, including rules with respect
to the reconsideration of Tribunal decisions; and
(b) when dealing with complaints that are referred to it under section 36 of the
old Part IV,
(i) deal with the complaint in accordance with the practices and procedures set
out in the rules made under clause (a),
(ii) exercise the powers described in section 37 of the new Part IV, and
(iii) dispose of the complaint in accordance with section 37.1 of the new Part
IV.
Application
(2) Sections 37.2 and 38 of the new Part IV apply to rules made under clause (1)
(a).
Tribunal decisions made before effective date
(3) Despite anything in the old Part IV, the following applies before the
effective date with respect to a complaint that is referred to the Tribunal by
the Commission under section 36 of the old Part IV on or after the day section
10 of the Human Rights Code Amendment Act, 2006 comes into force:
1. Section 42 of the old Part IV does not apply to a decision of the Tribunal
made with respect to the complaint.
2. Sections 44.2 and 45 of the new Part IV apply to a decision of the Tribunal
made with respect to the complaint.
Complaints before Commission on effective date
53. (1) This section applies to a complaint filed with the Commission under
subsection 32 (1) of the old Part IV or initiated by the Commission under
subsection 32 (2) of the old Part IV before the effective date.
Commission powers continued for six months
(2) Subject to subsection (3) and despite the repeal of the old Part IV, during
the six-month period that begins on the effective date, the Commission shall
continue to deal with complaints referred to in subsection (1) in accordance
with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV
and, for that purpose,
(a) the Commission has all the powers described in subsection 32 (3) and
sections 33, 34, 36, 37 and 43 of the old Part IV; and
(b) the provisions referred to in clause (a) continue to apply with respect to
the complaints, with necessary modifications.
Applications to Tribunal during six-month period
(3) Subject to subsection (4), at any time during the six-month period referred
to in subsection (2), the person who made a complaint that is continued under
that subsection may, in accordance with the Tribunal rules, elect to abandon the
complaint and make an application to the Tribunal with respect to the
subject-matter of the complaint.
Expedited process
(4) The Tribunal shall make rules with respect to the practices and procedures
that apply to an application under subsection (3) in order to ensure that the
applications are dealt with in an expeditious manner.
Applications to Tribunal after six-month period
(5) If, after the end of the six-month period referred to in subsection (2), the
Commission has failed to deal with the merits of a complaint continued under
that subsection and the complaint has not been withdrawn or settled, the
complainant may make an application to the Tribunal with respect to the
subject-matter of the complaint within a further six-month period after the end
of the earlier six-month period.
New Part IV applies
(6) The new Part IV applies to an application made under subsections (3) and
(5).
Disclosure of information
(7) Despite anything in the Freedom of Information and Protection of Privacy
Act, at the request of a party to an application under subsection (3) or (5),
the Commission may disclose to the party any information obtained by the
Commission in the course of an investigation.
Application barred
(8) No application, other than an application under subsection (3) or (5), may
be made to the Tribunal if the subject-matter of the application is the same or
substantially the same as the subject-matter of a complaint that was filed with
the Commission under the old Part IV.
Settlements effected by Commission
54. Section 45.1 of the new Part IV applies to the enforcement of a settlement
that,
(a) was effected by the Commission under the old Part IV before the effective
date or during the six-month period referred to in subsection 53 (2); and
(b) was agreed to in writing, signed by the parties and approved by the
Commission.
Where complaints referred to Tribunal
55. (1) This section applies to complaints that are referred to the Tribunal by
the Commission under section 36 of the old Part IV before the effective date or
during the six-month period referred to in subsection 53 (2).
New Part IV applies
(2) On and after the effective date, the new Part IV applies to a complaint
described in subsection (1) as though it were an application made to the
Tribunal under that Part and the Tribunal shall deal with the complaint in
accordance with the new Part IV.
Parties
(3) The Commission,
(a) shall continue to be a party to a complaint that was referred to the
Tribunal before the effective date; and
(b) subject to subsection (4), shall not be a party to a complaint referred to
the Tribunal during the six-month period referred to in subsection 53 (2).
Same, exceptions
(4) The Commission shall continue as a party to a complaint that was referred to
the Tribunal during the six-month period referred to in subsection 53 (2) if,
(a) the complaint was initiated by the Commission under subsection 32 (2) of the
old Part IV; or
(b) the Tribunal sets a date for the parties to appear before the Tribunal
before the end of the six-month period.
Same
(5) Nothing in subsection (3) shall prevent,
(a) the Tribunal from adding the Commission as a party to a proceeding under
section 36.1 of the new Part IV; or
(b) the Commission from intervening in a proceeding with respect to a complaint
described in subsection (1).
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 10 (subsection 57 (1) of the Act)
I move that subsection 57 (1) of the Act, as set out in section 10 of the Bill,
be amended by striking out “Five years after the day section 10 of the Human
Rights Code Amendment Act, 2006 comes into force” at the beginning and
substituting “Three years after the effective date”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 11
I move that section 11 of the Bill be struck out and the following substituted:
Legislation Act, 2006
11. On the later of the day section 6 of this Act comes into force and the day
section 134 of the Legislation Act, 2006 comes into force, subsection 39 (6) of
the Human Rights Code Act is amended by striking out “the Regulations Act” at
the end and substituting “Part III of the Legislation Act, 2006”.
Government Motion
Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee
(On peut obtenir la version française de cette motion auprès du greffier.)
M
Section 12
I move that section 12 of the Bill be struck out and the following substituted:
Commencement
12. (1) Sections 6.1, 10 and 11, this section and section 13 come into force on
the day this Act receives Royal Assent.
Same
(2) Sections 1 to 6 and 7, 8 and 9 come into force on a day to be named by
proclamation of the Lieutenant Governor.