INDEX. . applicant. .. role and responsibilities, . claimant. .. legal capacity, affected person, age, bargaining agent, 281

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1 Accessibility for Ontarians with Disabilities Act, 2005, Accommodation, 25-27, 138. bona fide occupational requirements and accommodation, cost of accommodation, 21.. health and safety concerns, 21.. outside sources of funding, 22.. special programs, business practices permissible to landlords, harassment because of sex in, 139. harassment in, 26-27, 138. person under age, 25, 138. shared, 148 Age discrimination, employment, exceptions, 65. health care, 64. housing accommodation, 64. insurance services, 64. liquor, 65. sixty-five or over, 145. tobacco, 65 Announced intention to discriminate, 143 INDEX 347 Anti-racism secretariat, 161 Applications on behalf of another person. applicant.. role and responsibilities, 215. claimant.. legal capacity, Areas of freedom from discrimination, see Discrimination Bona fide occupational requirements and accommodation, Canadian citizenship, Civil remedy, 127, Constructive discrimination, Contracts, 37-39, 138 Corporate liability, 128 Crown, Act binds, Definitions, , , 186, 274, , affected person, 280. age, 140. bargaining agent, 281. because of handicap, 140. case conference, 281. case resolution conference, 318. Code, 281, 318

2 Definitions (cont d). Commission, 182, 281, 318. complaint, 319. Confirmation of Hearing, 281. disability, discrimination, effective date, 186. employment, equal, 141. family status, 145. file, 281, 319. filing, 319. group insurance, 141. harassment, 141. hearing, 319. holiday, 281, 319. Legal Support Centre, 281. marital status, 141. member, 284. Minister, 182. new Part IV, 186. old Part IV, 186. party, 281, 319. person, 182. proceedings, 281, 319. record of offences, 141. regulations, 182. Rules, 274, 281, 319. sacred places, 147. services, 23-24, 142. spouse, 142. Tribunal, 182, 274, 282, 319. Tribunal rules, 182. vice-chair, 282 Disability, 43-57, drug and alcohol testing, education, employment, housing accommodation, 56 Disability rights secretariat, Discrimination see also Grounds of discrimination. accommodation, see Accommodation. age, see Age discrimination.. announced intention to, 143. association, because of, 143. bona fide occupational requirements and accommodation, cost of accommodation, 21.. health and safety concerns, 21.. outside sources of funding, 22. constructive, contracts, 37-39, 138. defined,

3 Discrimination (cont d). employment, see Employment. grounds, see Grounds of discrimination. reprisal, 39-41, 140. services, special programs, 19-20, vocational associations, 39 Divisional Court, stated case to, 176 Emerging issues, competing human rights, future, 135. overlap between Code and other statutes, Accessibility for Ontarians with Disabilities Act, 2005, Accessibility Standards for Customer Service Regulation, Integrated Accessibility Standard, Employment Standards Act, 2000, Pay Equity Act, Workplace Safety and Insurance Act, 1997, 131, 141. overlap between Tribunal and other forums, Employment, 27-37, age, benefits, conditional on membership in pension plan, corporate liability, 128. defined, disability, discrimination at hiring stage, discriminatory employment advertising, drug and alcohol testing, government contract, under, 153. harassment in, 34-35, 139. special, 32-33, trade unions, role of, Employment Standards Act, 2000, 131 Enforcement, see also Human Rights Tribunal of Ontario, applications by Commission, general, 105. hearings before Tribunal,

4 Enforcement (cont d). judicial review of Tribunal decisions, mediation by Tribunal Vice- Chairs, new applications, pre-hearing procedure, preliminary objections, responding to application, remedial powers, summary hearings, Tribunal s powers, Grounds of discrimination, age, employment, exceptions, 65.. health care, 64.. housing accommodation, insurance services, 64, liquor, 65, sixty-five or over, tobacco, 65, 148. ancestry, place of origin and ethnic origin, citizenship, 82-83, creed, hours of work and, disability, 43-57, 140, drug and alcohol testing, education, 56.. employment, housing accommodation, 56. family and marital status, child care responsibilities, disability of family member, elder care responsibilities, identity of spouse or family member, gender identity and gender expression, general, 43. record of offences, race or colour, racial harassment, same-sex couples, sex, gender expression, gender identity, pregnancy and, sexual harassment, sexual orientation,

5 Harassment. accommodation, in, 26, 138. because of sex in accommodation, 139. because of sex in workplace, employment, 34-36, 139. extension of workplace, 35 History. evolution of human rights legislation in Ontario, Canadian Charter of Rights and Freedoms, legislating against discriminatory government acts, legislating against discrimination in employment and accommodation, legislating against discrimination in specified circumstances, preamble, the, quasi-constitutional status of human rights legislation, 8-9, unified legislation: Ontario Human Rights Code, 6-7. historical influences, 1-3 Human Rights Code Amendment Act, 2006, see also Transitional provisions, Human Rights Commission, see Ontario Human Rights Commission Human rights complaints. adjudicator.. decisions available, role, 209. application form.. copy to Commission, incomplete, what information required, when to file, commencing process, 199. contacts, definitions.. accommodation, discrimination, harassment, undue hardship, 197. hearing, what happens before, HRTO proceedings.. accommodating needs, available languages, translation, practice direction, contacts, duration of process,

6 Human rights complaints (cont d). HRTO, rights and responsibilities.. deferral of application, refusal to consider application, resolving application, mediation, policies, purpose of Code, unequal treatment permitted, 198. purpose of Tribunal, core values, reconsideration, 210. resolution of claims, respondent.. responding to application, when informed, 201. response form.. applicant s response, incomplete, 203 Human Rights Legal Support Centre, 13-15, , annual report, 181. audit, 181. board of directors, establishment of, government funding, 181. money not part of Consolidated Revenue Fund, 181. objects, 179. regulations, support services, provision of, Human Rights Tribunal of Ontario, see also Enforcement, Human rights complaints, Human Rights Tribunal of Ontario Rules of procedure, Human Rights Tribunal of Ontario Rules of procedure for section 53(3) and 53(5) applications, annual report, 178. application by Commission, , 167. application by person, communicating with, practice direction, 231. decisions final, 177. deferral of application, 174. dismissal of application, 174. disposition of applications, documents.. delivery to parties,

7 Human Rights Tribunal of Ontario (cont d).. filing, evidence used in proceedings, 161. forms, 280, hearings.. before tribunal, summary, inquiry, interpretation of Part and rules, 169. interventions, 168. judical review of decision, mediation by Vice-Chairs, orders, , 178. overlap with other forums, panels, parties, powers of, 98, , 168, 243, remedial, pre-hearing procedure, reconsideration, 177. referrals to Commission, 175. rules, , transitional provisions, Human Rights Tribunal of Ontario Specific Rules, see also Social Justice Rules Tribunal of Ontario Common Rules. application and interpretation, 280. applications.. Commission applications under s. 35 of Code, s. 34(1) or 34(5) of Code, with request to defer consideration, withdrawal of, case conference, 299. case assessment direction, communications with Tribunal and other parties, 284. confidential documents, 287. contravention of settlements, deferral, definitions, delivering documents to parties and other persons, verifying delivery,

8 Human Rights Tribunal of Ontario Specific Rules (cont d). disclosure of documents, disclosure of witnesses, dismissal of application outside jurisdiction, expedited proceedings, filing documents with Tribunal, electronic filing, practice direction, 235. form of proceedings, 287. forms, 280, interim remedies, practice direction, 252. introduction, language of proceedings, 252. mediation, practice direction, 258. non-attendance, 288. non-compliance with rules, notice of constitutional question, participation of affected persons or organizations, 288. powers of Tribunal, public proceedings, reconsideration, request for, recording proceedings, anonymization, practice direction, 268. reply, 294. request for order during proceedings, request to amend clerical errors, 311. request to intervene, bargaining agent, 236, Commission with consent of applicant, by, Commission without consent of applicant, by, person or organization other than Commission, by, response to application, setting dates, practice direction, 258. stated case to Divisional Court, summary hearings, practice direction, 264. summonses, time, calculation of,

9 Human Rights Tribunal of Ontario Specific Rules (cont d). Tribunal-initiated preliminary consideration of jurisdiction, Tribunal-ordered inquiries, where substance dealt with in other proceeding, Human Rights Tribunal of Ontario Rules of Procedure for Section 53(3) and 53(5) Applications. accommodation of Code-related needs, 323. application and interpretation of Rules, 318. application under s. 53(3) of Code, case resolution conference, decision, mediation conference, preparing and filing application, preparing and filing response, 329. application under s. 53(5) of Code, deferral of application, dismissal of application outside jurisdiction, hearing, mediation, mediation-adjudication with agreement of parties, preparing and filing application, request for order during proceedings, request to intervene, response to application, Tribunal-ordered inquiries, Tribunal powers under Part III, where substance of application dealt with in other proceeding, 342. calculation of time, communications with Tribunal and other parties, 320. conduct of proceedings, confidentiality of documents, 326. contravention of settlements, 343. definitions,

10 Human Rights Tribunal of Ontario Rules of Procedure for Section 53(3) and 53(5) Applications (cont d). delivery of documents to parties or other persons, verifying, 322. failure to attend case resolution conference or hearing, 328. filing documents with Tribunal, form of proceedings, 326. forms, 318. Human Rights Commission, 326. language of proceedings, 327. non-compliance with Rules, notice of constitutional question, 343. preamble, 317. public proceedings, 327. recording of proceedings, 326. reconsideration, practice direction, 245. representatives, practice direction, 217. request to amend clerical errors, 343. summonses, 325. Tribunal directions, 328. Tribunal s powers, Infringement prohibited, 140 Insurance contracts, restrictions for, 149 Landlord-tenant matters, Minimum drinking age, 147 Non-Compliance with Rules, , Notice of Constitutional Question, 288 Officers, acts of, 183 Ontario Human Rights Commission, 14, , advisory group, 162. annual report, 162. anti-racism secretariat, 161. application to Tribunal, , 167. changes implemented by Human Rights Code Amendment Act, 2006, disability rights secretariat, disclosure of information to by Tribunal, 168. documents published by, functions of, general, 99. inquiries,

11 Ontario Human Rights Commission (cont d). interventions by, 168. matters referred to by Tribunal, 175. new role, other reports, 163. policies, 157. public education, public inquiries, 101. search warrant, transitional provisions, Pay Equity Act, 131 Penalty, 183 Practice Directions. anonymization of HRTO Decisions, 268. communicating with the Human Rights Tribunal of Ontario, 230. electronic filing by licensed representatives, 234. filing applications on behalf of another person under s. 34(5), 215. hearings before the Human Rights Tribunal of Ontario, 236. hearings in regional centres, 240. intervention by a bargaining agent, 235. Litigation Guardians before Social Justice Tribunals Ontario, 221. naming respondents, 241. reconsideration, 245. recording hearings, 249. representation before Social Justice Tribunals Ontario, 217. requests for language interpretation, 251. requests to expedite an application and applications for an interim remedy, 252. scheduling of hearings and mediations, rescheduling requests and requests for adjournments, 258. summary hearing requests, 264 Pregnancy, Prosecution, Quasi-constitutional status, 8-9, 110 Reconsideration of Tribunal decision, 177 Recreation clubs, 148 Regulations, business practices permissible to landlords (290/98),

12 Regulations, (cont d). transitional matters, 190 Reprisals, 23-24, 140 Restrictions of facilities by sex, 147 Separate school rights preserved, 147 Services, 23-24, defined, Settlements, , 189 Sex discrimination, pregnancy and, 66-69, 139. sexual harassment, Social Justice Tribunals Ontario Common Rules. abuse of process, 276. accommodation of Code-related needs, 275. application, 274. courtesy and respect, 276. definitions, 274. how to use the Rules, 274. interpretation, 275. language, litigation guardians, declarations, naming and removing, responsibilities, 280. representatives, 277. Social Justice Tribunals Ontario (SJTO) defined, 273. Tribunal powers, 275 Solemnization of marriage by religious officials, Special interest organizations, 146 Special programs, 22-23, orders respecting, transitional provisions, 186 Statutory Powers Procedure Act, 169 Tobacco and young persons, 148 Trade unions, role of, Transitional provisions, 103, application of s. 32(3), 186. Commission, regulations, 190. review, rules, see Human Rights Tribunal of Ontario Rules of Procedure for Section 53(3) and 53(5) Applications. Tribunal decisions before effective date, 187. Tribunal powers before effective date, where complaints referred to Tribunal, Vocational associations, 39,

13 Workplace Safety and Insurance Act, 1997, 131, 141 Index 359

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