Frequently Asked Questions About Human Rights Code

 The Human Rights Code is a law in Ontario, Canada ensures equality before the law and outlaws discrimination in specific social areas like housing and work. The right prohibits discrimination based on race, color, gender identity or expression, sex, sexual orientation. It also bans bigotry on the basis of creed, age, or other factors under the code. The Ontario Human Rights Commission administers the code. Which further the Human Rights Tribunal of Ontario enforces.

Since we came into the business, we have been getting so many questions about the rights. Therefore, to ensure that the country’s citizens get their doubts clarified, we have created a frequently asked question bank.

WHICH WERE THE FIRST LAWS IN CANADA AND THEIR HISTORY?

The Human Rights Code was Canada’s first such legislation. It superseded a number of statutes that dealt with various forms of discrimination. The code combined them into a single law and incorporated some new safeguards. On June 15, 1962, the regulation went into effect. On the 747th anniversary of the signing of the Magna Carta, June 15 became the date for the code’s promulgation.

The code superseded the province’s previous anti-discrimination laws, which included:

• The Fair Job Practices Act of 1951 outlawed employment discrimination based on race or religion.
• The Female Employees Fair Remuneration Act of 1951 made it illegal. In other words, the code books the firm under repercussions if they pay a female employee less than a male employee for the same work done.
• The Ontario Anti-Discrimination Commission Act, 1958, established a commission to administer the above acts and develop educational programs.
• Fair Accommodation Practices Act, 1954 prohibited discrimination in public places on racial, religious, or ethnic grounds.
• In 1954, which prohibited discrimination in public areas on racial, religious, or ethnic grounds.
• The Fair Accommodation Practices Act, 1954, prohibited discrimination in public areas on race, religion, or ethnicity.

At the same time as the Ontario Human Rights Commission, the government of the day introduced an amendment to the Fair Accommodation Practices Act. The act led by Premier Leslie Frost prohibits discrimination in renting apartments.

HAVE THERE BEEN SITUATIONS WHERE HRC ALLOWED ANY UNEQUAL TREATMENT?

Yes, the code includes specific anti-discrimination defenses and exclusions. Even though the regulation specifies that a person cannot be treated differently, the act still allows differing insurance prices based entirely on age.

Housing is another example of an exemption. The code allows a landlord to refuse to rent to someone because of their gender or ethnicity if the following conditions are taken care of:

• The owner or his family may also reside on the premises, and the owner or his family.
• May share a kitchen or bathroom with the tenant.

SHOULD I CLAIM THE CANADIAN HUMAN RIGHTS COMMISSION?

The Canadian Human Rights Commission (CHRC) is in charge of reviewing allegations of discrimination and harassment against federally funded organizations. If you have a claim against a government agency, you must file it with the CHRC. These are the following instances of federal organizations:

• Companies that travel between provinces by bus and train.
• Airlines are a type of transportation.
• Banks with chartered status.
• Radio and television stations.
• Telecommunications firms.
• Departments or agencies of the federal government.

WHAT HAPPENS IF MY SUBMITTED APPLICATION OR RESPONSE ISN’T COMPLETE?

When basic details, such as a postal code or phone number, are lacking. The HRTO will call you to request more information.

For applicants: If you give insufficient information on a critical topic or leave a mandatory area of the form blank, the HRTO may reject your application. You’ll have 20 days to complete the missing details. The HRTO cannot provide legal advice, but it can provide information about where you can receive help. Therefore, you can visit paralegal firms such as Allied Paralegal if you need any information or legal advice.

Suppose you do not supply the missing information. Then the HRTO will assess the form and decide if there is enough information to proceed with the application or mark it incomplete.

For respondents: If you do not supply the missing information, the HRTO will accept your response and might bound you under the information provided in the incomplete form.

If a respondent fails to respond at all, the HRTO will proceed with the application without their input. Without having a chance to participate further in the process, the respondent may be accountable for following orders (such as paying compensation to the applicant).

HOW DO RESPONDENTS FIND OUT ABOUT THE HRTO APPLICATION?

As soon as the HTRO accepts your application for processing, they will provide a copy to each respondent. Before sending the form out, the HRTO will remove information regarding the applicant’s witnesses.

WILL APPLICANTS HAVE ANY CHANCE TO REPLY TO THE RESPONDENT’S INFORMATION?

Yes, indeed. The HRTO will send a copy of the answer form to the applicant. They will also ask him or her to respond to any new issues raised. If the applicant disagrees with any of the additional facts stated in the response, he or she should file a reply explaining why.  

DOES THE ONTARIO HUMAN RIGHTS COMMISSION KEEP A COPY OF THE APPLICATION?

ALSO, CAN THE COMMISSION PARTICIPATE IN HRTO’S PROCESS?

The Ontario Human Rights Commission has the right to be notified of cases before the Human Rights Tribunal of Ontario. And it receives copies of all applications and responses. Any further documents in an application file may be provided to the Commission by the HRTO. With the applicant’s approval, the Commission can intervene in any application. In addition, the Commission may request to intervene without the applicant’s consent, subject to any directions or terms set by the HRTO after hearing from the parties.

The Commission also has the authority to file its application with the HRTO if it believes the application is in the public interest.

CAN I APPLY IF THE SAME ISSUES HAVE BEEN DEALT WITH THROUGH ANOTHER PROCEEDING?

When the HRTO determines another action (e.g., a union grievance or an application to another agency, such as the Workplace Safety and Insurance Appeals Tribunal or the Landlord and Tenant Board). They adequately deal with the application and might dismiss all or part of the application. This prevents the repetition of processes or the re-opening of resolved problems.

A respondent can petition the HRTO to dismiss an application if the applicant has completed another process. The HRTO will not ignore the application without first allowing the applicant and respondent to comment. They will provide you a chance to explain whether they consider the other process adequately addressed.

WHAT IF ANY OF MY OTHER PROCEEDINGS ARE ONGOING?

If you review the identical issues in another procedure, that process will apply to the parties. The HRTO may decide to defer or put on hold an application. However, both the applicant and the respondent will have the opportunity to express their views on whether the application should include defer before the HRTO makes a decision.

CAN OTHER PEOPLE KNOW IF I HAVE FILED A HUMAN RIGHTS APPLICATION?

The HRTO’s hearings and rulings, like those of the courts, are open to the public unless there are exceptional circumstances. In that case, the tribunal’s findings, which contain the applicants’ identities and pertinent information, are publicly available. They are readily available with legal reporting services such as the Canadian Legal Information Institute (CanLII).

The HRTO’s rulings replace the applicant’s and the minor’s names with initials. However, the process is done only in circumstances where a name would identify a child or young person under the age of 18. We refer to this as anonymization. In other cases, the HRTO may ask to anonymize a name. 

WHAT IS THE MAILING ADDRESS FOR PROCESSING?

The following adjustments to document submission through the mail are in effect until further notice. You will suffer processing delays if you submit via mail or courier.

So, you should send mail to the following address:

Toronto,

ON M7A 2G6 Human Rights Tribunal of Ontario

15 Grosvenor Street, Ground Floor.

WHAT ARE THE SMART FORMS AND EASY STEPS TO FILL IT?

The SmartForm Application and SmartForm Response assist you in precisely filling out forms on your computer. It also ensures that the procedure is easy to comprehend for everyone. Hence check the following benefits of using SmartForms:

• Can be saved, printed, and electronically submitted.
• Are easily completable with less time.
• Only display the fields you need to complete.
• Ask you questions about your application or response that are relevant to it.

Computer Requirements for Using SmartForm

• Users of PCs: Adobe Acrobat Reader is required to complete and submit your SmartForm (version 8 or higher). This software is available for free download.
• Users of Apple Macs: Using your Safari browser, fill out and submit the SmartForm. Use Adobe Acrobat Reader or Adobe Acrobat Pro to submit the form.

To complete your SmartForm.

Step 1: Read the Applicant’s Guide or Respondent’s Guide carefully for step-by-step directions on how to fill out the form.

Step 2: Click the Apply or Respond with SmartForm icon to download the SmartForm.

Users of Apple Macs: In your Safari browser, save the form. If you saved the form to your desktop, make sure to open it in Safari before submitting it; Adobe Reader won’t let you submit it immediately.

Users of personal computers: By right-clicking on the PDF icon and selecting “Save link as” or “Save target as,” you can save forms to your computer and then open them.

Step 3: Select all of the checkboxes and type your answers in the text boxes to answer all of the questions. As you work, save your form. You may save your form and return it later to finish it. By pressing the “Print” option, you can print your document at any time.

Apple Mac users: Control (Ctrl) click on the Smart Form and open it in your Safari browser before submitting the form if you have saved it to your desktop to complete later.

Step 4: Once the procedure is complete, go to the bottom of the form and click the “Submit to HRTO” button. If a required section is missing, the SmartForm will urge you to fill it out before continuing. A securely coded copy of your completed SmartForm will be transmitted to the HRTO. Once you click “Submit to HRTO,” a letter will appear in your browser indicating that the HRTO has received your application or answer. A submission reference number will be included in the letter (e.g. ****-**-**-**-**-******). For your records, print and save a copy of this letter.

Sending attachments (if applicable): Try to supply the needed information using the form’s boxes. If you need to include attachments, please send them to HRTO.Registrar@ontario.ca in a separate email. In the “Subject” line, type your submission reference number.

HOW MANY FORMS ARE THERE IN TOTAL IN THIS PROCEEDING? 

There are a total of 28 forms.

• (Form 1) is for an application;
• (Form 2) is for a response.
• Applicant’s Reply to a Response (Form 3)
• Behalf of a Minor on Litigation Guardian (Form 4A)
• Litigation Guardian: Mental Incapacity (Form 4B)
• Intervene Request (Form 5)
• Notice of Commission Intervention (Form 6) (with the consent of applicant)
• The Ontario Human Rights Commission’s application (Form 7)
• Commission Application Response ((Form 8)
• Request for an Order During Proceedings Form ((Form 9)
• Withdraw request for an Application Form (Form 10)
• Request for a Tribunal Ordered Inquiry Form ((Form 11)
• Response to a Request for an Order ((Form 12)
• Response to Request a Tribunal Ordered Inquiry (Form 13) 
• Request to Expedite a Case (Form 14) 
• Response to a Request an expedited proceeding (Form 15) 
• Request for Interim Remedy (Form 16) 
• Response to an Interim Remedy Request (Form 17) 
• Application for Violation of Settlement (Form 18) 
• Response to an Application for Settlement Violation (Form 19) 
• Request for Reconsideration (Form 20) 
• Response to a Request for Reconsideration (Form 21) 
• Application for a Stated Case (Form 22) 
• Statement of Delivery (Form 23) 
• Summons to Witness (Form 24) 
• Settlement Confirmation (Form 25)
• Request for a Summary Hearing (Form 26)
• Application on Someone Else’s Behalf (Form 27)
• Notice of Bargaining Agent Intervention (Form 28)
• Agreement on Confidentiality
• Agreement on Mediation/Adjudication

These are all the questions we could think about; however, if you have any doubts, reach out to us at Allied Paralegal Services. Furthermore, if you have any report/ complaint that you need to file, we can be the ideal choice for you.

Source: FREQUENTLY ASKED QUESTIONS ABOUT HUMAN RIGHTS CODE