Policy on discrimination because of pregnancy and breastfeeding
II. Purpose of OHRC’s Policies
In accordance with s. 30 of the Code, the Commission has the authority to prepare, approve and publish human rights policies to provide guidance on the interpretation of provisions of the Code. Commission policies and guidelines set standards for how individuals, employers, service providers and policy makers should act to ensure compliance with the Code. They also serve the important function of providing clarification to the public of the rights and responsibilities under the Code.
Pursuant to s. 45.5 of the Code, the Human Rights Tribunal of Ontario (the Tribunal) may consider policies approved by the Commission in a human rights proceeding before the Tribunal. Where a party or intervenor in a proceeding requests it, the Tribunal shall consider a Commission policy. Where a Commission policy is relevant to the subject-matter of a human rights application, parties and intervenors are encouraged to bring the policy to the Tribunal’s attention for consideration. As per s. 45.6 of the Code, if a final decision or order of the Tribunal is inconsistent with a Commission policy, in a case where the Commission was either a party or an intervenor, the Commission may apply to the Tribunal to have the Tribunal state a case to the Divisional Court.
Commission policies are subject to decisions of the Superior Courts interpreting the Code. Commission policies have been given great deference by the courts and Tribunal[5], applied to the facts of the case before the court or Tribunal, and quoted in the decisions of these bodies.
Commission policies are important because they represent the Commission’s interpretation of the Code at the time of publication. Any questions regarding the Policy should be directed to the staff of the Commission.
[5] In Quesnel v. London Educational Health Centre (1995), 28 C.H.R.R. D/474 at para. 53 (Ont. Bd. Inq.), the Board of Inquiry applied the United States Supreme Court’s decision in Griggs v. Duke Power Co., 401 U.S. 424 (4th Cir. 1971) to conclude that Commission policy statements should be given “great deference” if they are consistent with Code values and are formed in a way that is consistent with the legislative history of the Code itself. This latter requirement was interpreted to mean that they were formed through a process of public consultation.
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