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Bill 35, Human Rights Code Amendment Act, 2018

Des Rosiers, Nathalie

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Status

Debates

Acts affected

Original

Bill 35 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Human Rights Code to include

immigration status, genetic characteristics, police records and social

condition as prohibited grounds of discrimination. The Act currently includes

race, place of origin, gender identity, family status and disability, among

other things, as prohibited grounds of discrimination.

Amendments

to various provisions of the Act are made including amendments to provide that

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

immigration status, genetic characteristics, police records and social

condition, with respect to services, goods and facilities, the occupancy of

accommodation, the right to contract, employment and membership in various

types of organizations. 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 the results of a genetic test.

Bill 35 2018

Act to amend the Human Rights Code with respect to immigration status, genetic

characteristics, police records and social conditions

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 “immigration status” after the word “citizenship”, and by adding

“genetic characteristics, police records, social condition” after the word

“age”.

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

status” after the word “citizenship” and by adding “genetic characteristics,

police records, social condition” after the word “age”.

(2) Subsection

2 (2) of the Act is amended by adding “immigration status” after the word

“citizenship” and by adding “genetic characteristics, police records, social

condition” after the word “age”.

Section 3 of the Act is amended by adding “immigration status” after the word

“citizenship” and by adding “genetic characteristics, police records, social

condition” after the word “age”.

Section 5 of the Act is repealed and the following substituted:

Employment

(1) Every person has a right to equal treatment with

respect to employment without discrimination because of race, ancestry, place

of origin, colour, ethnic origin, citizenship, immigration status, creed, sex,

sexual orientation, gender identity, gender expression, age, genetic characteristics , police records, social condition, marital status, family status or

disability.

Harassment

in employment

(2) Every person who is an employee has a right to freedom

from harassment in the workplace by the employer or agent of the employer or by

another employee because of race, ancestry, place of origin, colour, ethnic

origin, citizenship, immigration status, creed, sexual orientation, gender

identity, gender expression, age, genetic characteristics , police records, social condition, marital status, family status or

disability.

Section 6 of the Act is amended by adding “immigration status” after the word

“citizenship” and by adding “genetic characteristics, police records, social

condition” after the word “age”.

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

definitions:

“immigration

status” means the status according to Canadian immigration law; (“ statut d’immigrant ”)

“police

records” includes charges and convictions, with or without a record suspension,

and any police records, including records of a person’s contact with police; (“ dossiers de police ”)

“social

condition” means

social or economic disadvantage resulting from,

(

a) employment

status,

(

b) source

or level of income,

(

c) housing

status, including homelessness,

(

d) level

of education, or

(

e) any

other circumstance similar to those mentioned in clauses (a), (b), (

c) and (d); (“ situation sociale ”)

(2) The

definition of “record of offences” in subsection 10 (1) of the Act is repealed.

(3) 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.

(1) Subsection 16 (1) of the Act is amended by striking out

“because of citizenship” and substituting “because of citizenship or

immigration status”.

(2) Subsection

16 (2) of the Act is amended by striking out “because of citizenship” and

substituting “because of citizenship or immigration status”.

Subsection 17 (1) of the Act is amended by adding “or police records” after the

word “disability” at the end.

Section 22 of the Act is amended by adding “police records” after the word

“family status” wherever it appears.

(1) Clause 24 (1) (

a) of the Act is amended by adding “immigration status”

after the word “ethnic origin” and by adding “genetic characteristics, police

records, social condition” after the word “age”.

(2) Clause

24 (1) (

b) of the Act is amended by striking out “record of offences” wherever

it appears and substituting in each case “police records”.

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, 2018 .

Date Bill stage Event Outcome Committee

September 26, 2018

First Reading

Vote

Carried

Debates and Progress

First Reading

October 27, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 35

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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