Ontario Human rights Reform - A call to Action

Progressive Conservative Motions to Amend bill 107

The following is the text of the package of motions to amend Bill 107 which the Conservative Party presented to the Standing Committee on Justice Policy on November 29, 2006.

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Motions package draft 5

Bill 107
An Act to amend the Human Rights Code
PC Motions
PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M


Section 0.1 of the Bill

I move that the Bill be amended by adding the following section:

0.1 The Human Rights Code is amended by adding the following section:

Applicant's Right to Publicly-Funded Full, Effective Legal Counsel
9.1 (1) Everyone who makes an application with the Tribunal in accordance with this Act, or who has a genuine intention to make an application has the right throughout the application and at all related proceedings to full, effective legal support and representation in the form of independent legal counsel at public expense.

No eligibility criteria
(2) The right referred to in subsection (1) shall not be subject to any means test or other qualification or eligibility criteria based on the applicant’s or potential applicant’s financial resources.

Application to Tribunal
(3) Notwithstanding any other provision of this Act, an applicant or potential applicant may apply ex parte to the Tribunal for an order requiring the Attorney General to pay for any legal services provided pursuant to this provision within a reasonable time.


PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 5.1 of the Bill

I move that the Bill be amended by adding the following section:

5.1 The Act is amended by adding the following Part:

PART III.1
COMPLAINTS AND INVESTIGATIONS BY COMMISSION
Complaints
31.3 (1) Where a person believes that a right of the person under this Act has been infringed, the person may file with the Commission a complaint in a form approved by the Commission.

Same
(2) The Commission may initiate a complaint by itself or at the request of any person.

Combining of complaints
(3) Where two or more complaints,

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

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

the Commission may combine the complaints and deal with them in the same proceeding.

Application under Part IV
(4) Nothing in this Part affects the right of a person or the Commission to make an application under Part IV.

Investigation of complaints
31.4 (1) Subject to section 31.5, the Commission shall investigate a complaint and may endeavour to effect a settlement.

Investigation
(2) An investigation by the Commission may be made by a member or employee of the Commission who is authorized by the Commission for the purpose.

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

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

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

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

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

Entry into dwellings
(4) A person investigating a complaint shall not enter a place that is being used as a dwelling without the consent of the occupier except under the authority of a warrant issued under subsection (8).

Denial of entry
(5) Subject to subsection (4), if a person who is or may be a party to a complaint denies entry to any place, or instructs the person investigating to leave the place, or impedes or prevents an investigation therein, the Commission may refer the matter to the Tribunal or may authorize an employee or member to apply to a justice of the peace for a warrant to enter under subsection (8).

Refusal to produce
(6) If a person refuses to comply with a request for production of documents or things, the Commission may refer the matter to the Tribunal, or may authorize an employee or member to apply to a justice of the peace for a search warrant under subsection (7).

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

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

Execution of warrant
(9) A warrant issued under subsection (7) or (8) shall be executed at reasonable times as specified in the warrant.

Expiration of warrant
(10) Every warrant shall name a date on which it expires, which shall be a date not later than 15 days after it is issued.

Obstruction
(11) No person shall hinder, obstruct or interfere with a person in the execution of a warrant or otherwise impede an investigation under this Act.

Same
(12) Subsection (11) is not contravened by a refusal to comply with a request for the production of documents or things made under clause (3) (b).

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

Decision to not deal with complaint
31.5 (1) Where it appears to the Commission that,

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

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

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

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

the Commission may, in its discretion, decide to not deal with the complaint.

Notice of decision and reasons
(2) Where the Commission decides to not deal with a complaint, it shall advise the complainant in writing of the decision and the reasons therefor and of the procedure under section 31.8 for having the decision reconsidered.

Withdrawal of complaint
31.6 A complainant may withdraw a complaint at any time by giving written notice of the withdrawal to the Commission.

Referred to Tribunal
31.7 (1) Where the Commission does not effect a settlement of the complaint and it appears to the Commission that the procedure is appropriate and the evidence warrants an inquiry, the Commission may refer the subject-matter of the complaint to the Tribunal.

Mandatory referral to Tribunal
(2) The Commission shall refer the subject-matter of a complaint to the Tribunal if,

(a) the case depends partly or wholly on an assessment of the credibility of any person, unless the Commission has decided not to deal with the complaint under clause 31.5 (1) (b); or

(b) the complainant and any persons complained against consent to having the matter referred to the Tribunal.

Notice of decision not to refer to Tribunal
(3) Where the Commission decides to not refer the subject-matter of a complaint to the Tribunal, it shall advise the complainant and the person complained against in writing of the decision and the reasons therefor and inform the complainant of the procedure under section 31.8 for having the decision reconsidered.

Reconsideration
31.8 (1) Within a period of 15 days of the date of mailing the decision and reasons therefor mentioned in subsection 31.5 (2) or 31.7 (3), or such longer period as the Commission may for special reasons allow, a complainant may request the Commission to reconsider its decision by filing an application for reconsideration containing a concise statement of the material facts upon which the application is based.

Notice of application
(2) Upon receipt of an application for reconsideration, the Commission shall as soon as is practicable notify the person complained against of the application and afford the person an opportunity to submit written evidence and to make written submissions with respect thereto within such time as the Commission specifies.

Three commissioners to reconsider
(3) Three members of the Commission shall review the written evidence and submissions and shall reconsider the decision.

Member not to be appointed
(4) A member of the Commission reconsidering a decision must not have taken part in any investigation or consideration of the subject-matter of the inquiry before the reconsideration.

Decision
(5) Every decision of the Commission on reconsideration together with the reasons therefor shall be recorded in writing and promptly communicated to the complainant and the person complained against and the decision shall be final.

Application of Part IV
31.9 (1) Subject to subsection (2), Part IV, with necessary modifications, applies to a proceeding under this Part.

Commission to represent complainant
(2) Where the Commission refers a complaint to the Tribunal under this Part, the parties to the proceeding before the Tribunal are,

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

(b) the complainant;

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

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

(e) where the complaint is of alleged conduct constituting harassment under subsection 2 (2) or 5 (2) or of alleged conduct under section 7, any person who, in the opinion of the Tribunal, knew or was in possession of facts from which the person ought reasonably to have known of the conduct and who had authority to penalize or prevent the conduct.


PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (clause 34 (2) (a) of the Human Rights Code)


I move that clause 34 (2) (a) of the Human Rights Code, as set out in section 6 of the Bill, be struck out.


PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (clauses 35 (1) (a) and (b) of the Human Rights Code)

I move that clauses 35 (1) (a) and (b) of the Human Rights Code, as set out in section 6 of the Bill, be struck out and the following substituted:

(a) within one year after the incident to which the application relates; or

(b) if there was a series of related incidents, within one year after the last incident in the series.
PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (clauses 36 (1) (a) and (b) of the Human Rights Code)

I move that clauses 36 (1) (a) and (b) of the Human Rights Code, as set out in section 6 of the Bill, be struck out and the following substituted:


(a) there are infringements of rights under Part I that the Commission has not been able to adequately address under Part III;

(b) an order under section 43 could address the infringements; and



PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (section 37 of the Human Rights Code)

I move that section 37 of the Human Rights Code, as set out in section 6 of the Bill, be struck out and the following substituted:

Hearing within one year
37. (1) The Tribunal shall hold a hearing in respect of every application made under section 35 within one year of the date on which the application was made.

Jurisdiction
(2) 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.
PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (section 41 of the Human Rights Code)

I move that section 41 of the Human Rights Code, as set out in section 6 of the Bill, be struck out.


PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 6 of the Bill (section 43 of the Human Rights Code)

I move that section 43 of the Human Rights Code, as set out in section 6 of the Bill, be struck out and the following substituted:

Orders of Tribunal: applications under s. 36
43. On an application under section 36, the Tribunal may make any order under section 42 and any other 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.

PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 8 of the Bill (section 46.1 of the Human Rights Code)

I move that section 46.1 of the Human Rights Code, as set out in section 8 of the Bill, be amended by adding the following subsections:

Ombudsman Act
(3) Any person or entity who enters into an agreement with the Minister under subsection (1) is deemed to be a governmental organization for the purposes of the Ombudsman Act, and the Ombudsman appointed under that Act may investigate any decision made by the person or entity that relates to the provision of services described in subsection (1).

Freedom of Information and Protection of Privacy Act
(4) Any person or entity who enters into an agreement with the Minister under subsection (1) is deemed to be an institution for the purposes of the Freedom of Information and Protection of Privacy Act.

Ontarians with Disabilities Act, 2001
(5) Any person or entity who enters into an agreement with the Minister under subsection (1) is deemed to be an agency for the purposes of the Ontarians with Disabilities Act, 2001.

Meetings
(6) If a person or entity who enters into an agreement with the Minister under subsection (1) has a board of directors,

(a) the board shall hold a meeting open to the public at least once in every two months; and

(b) the board may hold additional meetings that are closed to the public if board will be considering confidential client information.


PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 9 of the Bill (clause 48 (e) of the Act)

I move that clause 48 (e) of the Human Rights Act, as set out in section 9 of the Bill, be struck out and the following substituted:

(e) prescribing the manner of applying for an order under subsection 46.1 (1), and prescribing persons, entities and services for the purposes of subsection 46.1 (5);



PC Motion

Bill 107
An Act to amend the Human Rights Code
Motion to be moved in Committee


M

Section 10 of the Bill

I move that section 10 of the Bill be struck out and the following substituted:

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 filed before effective date
51. (1) Part IV applies to any complaint that was filed with the Commission or initiated by the Commission before the effective date.

Complaints filed after effective date
(2) Part III.1, as it reads on the effective date, applies to any complaint filed with the Commission or initiated by the Commission after the effective date.

Regulations, transitional matters
52. (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 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
53. (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.