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Bill 40, Human Rights Code Amendment Act (Genetic Characteristics), 2018

Mitas, Christina Maria

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Status

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Acts affected

Original

Bill 40 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Human Rights Code to include

genetic characteristics as a prohibited ground of discrimination. The Act

currently includes race, marital status and disability, among other things, as

prohibited grounds of discrimination.

addition to other amendments, various sections are amended to provide that

every person has a right to equal treatment, without discrimination because of

genetic characteristics, with respect to services, goods and facilities, the

occupancy of accommodation, the right to contract, and employment and

membership in various types of organizations. This includes the right to equal

treatment if a person refuses to undergo or disclose the results of a genetic

test. Insurance contracts are permitted to differentiate or make a distinction,

exclusion or preference on reasonable and bona fide

grounds because of genetic characteristics.

Bill 40 2018

Act to amend the Human Rights Code with respect to genetic characteristics

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 1 of the Human Rights Code is amended by

adding “genetic characteristics” after “age”.

(1) Subsection 2 (1) of the Act is amended by adding “genetic

characteristics” after “age”.

(2) Subsection

2 (2) of the Act is amended by adding “genetic characteristics” after “age”.

Section 3 of the Act is amended by adding “genetic characteristics” after

“age”.

(1) Subsection 5 (1) of the Act is amended by adding “genetic

characteristics” after “age”.

(2) Subsection

5 (2) of the Act is amended by adding “genetic characteristics” after “age”.

Section 6 of the Act is amended by adding “genetic characteristics” after

“age”.

(1) Subsection 10 (1) of the Act is amended by adding the following

definition:

“genetic

characteristics” means genetic traits of an individual, including traits that

may cause or increase the risk to develop a disorder or disease;

(“caractéristiques génétiques”)

(2) Section

10 of the Act is amended by adding the following subsection:

Refusal

to undergo or disclose results of genetic test

(4) The

right to equal treatment without discrimination because of genetic

characteristics includes the right to equal treatment without discrimination

because a person refuses to undergo a genetic test or refuses to disclose, or

authorize the disclosure of, the results of a genetic test.

The Act is amended by adding the following section:

Restrictions

for insurance contracts, etc.

22.1 The right

under sections 1 and 3 to equal treatment with respect to services and to

contract on equal terms without discrimination because of genetic

characteristics is not infringed if a contract of automobile, life, accident or

sickness or disability insurance or a contract of group insurance between an

insurer and an association or person other than an employer, or a life annuity,

differentiates or makes a distinction, exclusion or preference on reasonable

and bona fide grounds because of genetic

characteristics.

Clause 24 (1) (

a) of the Act is amended by adding “genetic characteristics”

after “age”.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Human Rights Code

Amendment Act (Genetic Characteristics), 2018 .

Date Bill stage Event Outcome Committee

October 18, 2018

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

October 18, 2018

Second Reading

Vote

Carried

October 18, 2018

Second Reading

Debated

October 3, 2018

First Reading

Vote

Carried

Debates and Progress

First Reading

October 3, 2018

Committee

Second Reading

October 18, 2018

Miss Christina Maria Mitas, Mr. John Vanthof, Mrs. Gila Martow, Ms. Suze Morrison, Mr. David Piccini, Mrs. Robin Martin

October 18, 2018

Declared carried. Referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

Acts affected - Bill 40

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Human Rights Code

Legislative Assembly of Ontario

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