Archive

The following are highlights of some of the significant decisions, settlements, and cases over the past year in which the Commission was involved. Commission settlements and orders Toronto District School Board (Commission Settlement)

Public contact with the Commission The Commission provides information to tens of thousands of Ontarians. Last year, Commission staff dealt with over 43,000 inquiries by telephone, 1,760 by letter, and 760 in-person visits.  It also received 824,887 individual visits to its website.  In addition, the Commission’s public education activity on its policies and the Code reached a further 10,428 people. These contacts resulted in 2,399 new complaints being filed at the Commission.

3.1 An overview of North Bay’s Residential Rental Housing Licensing By-law The bylaw is being rolled out in phases, with city-wide compliance set for 2016. The City first applied its bylaw to neighbourhoods with high student populations: those adjacent to Nipissing University and Canadore College.

The OHRC used surveys to collect information from tenants, landlords and organizations that help people who are looking for rental housing. Targeted outreach for this project included making surveys available on the OHRC website, and emailing them directly to agencies that work with vulnerable people in the North Bay community.

Table 1: New Complaints Filed by Social Area and Grounds Cited (Total = 2,399)                     Accommodation 8 21

May 2013 - The City of North Bay’s rental housing licensing bylaw was enacted on January 1, 2012 and came into effect on May 1, 2012. Among other things, this bylaw imposed a bedroom cap, gross floor area requirements and a licensing fee on certain rental units. The OHRC was concerned that the bylaw might reduce the availability of low-cost rental housing and in turn disadvantage groups protected under the Ontario Human Rights Code (the Code) who rely on that housing. As a result, the OHRC initiated an inquiry to learn more.

List of Commissioners BARBARA HALL, B.A, LL.B, Ph.D (hon.) Chief Commissioner

Commitments 2005-2006 Achievements 2005-2006 Commitments 2006-2007 Enforcement The "call abandoned rate" for Inquiries will be less than 25%

The Commission plans and implements ongoing organizational improvement and staff training initiatives in order to better serve the people of Ontario. In 2005-06:

The Commission engages in a wide range of educational activities and partnership initiatives, such as public awareness campaigns, presentations, workshops and conferences. It also engages in national and international cooperation, participates in intergovernmental task forces, and receives delegations from around the world.

Development of policy statements is central to the Commission’s work to eliminate discrimination and to protect, promote, and advance human rights. Commission policies and guidelines:

At his annual press conference in July 2005, Chief Commissioner Norton re-iterated the urgent need for improving Ontario’s human rights system in order to deal with a growing caseload. Strengthening the Commission's capacity to promote and protect human rights is also central to building stronger safer communities.

The Commission favours a voluntary and cooperative approach to protecting and promoting human rights and resolving complaints.  The Commission uses its broad mandate under section 29 of the Code to provide advice to organizations, review legislation for compliance with the Code, and inquire into situations that may have a negative impact relating to a Code ground.

Once a case is referred to the Human Rights Tribunal of Ontario, the Commission litigates the case, representing the public interest in the protection, promotion and advancement of human rights.  In most cases, Commission counsel assist the complainant through the process by preparing the witnesses, pleadings, motions, and calling the evidence.

Caseload at a Glance In 2005-06:

The Ontario Human Rights Commission (the “Commission”) is an independent, arm's length agency of the provincial government, accountable to the Legislature through the Attorney General. As Canada’s oldest Commission, it was established in 1961 to administer the Ontario Human Rights Code (the “Code”). The Commission's mandate is to protect, promote and advance human rights in Ontario, and this mandate is central to building stronger, safer communities.

I am pleased to report on the activities of the Ontario Human Rights Commission for the period April 1, 2005 to March 31, 2006.

The following resources are available online...

Bylaws that limit housing availability for Code-protected groups could be found to be discriminatory. The Ontario Municipal Board discussed this concept in Kitchener (City) Official Plan Amendment No. 58. In that case, the Board investigated a municipal initiative to decrease the “over-concentration” of "single person, low-income households" and "residential care facilities and social/ supportive housing" in certain areas. The City argued that there was no discrimination because, among other things, “people [could] just go elsewhere.

When drafting, reviewing and monitoring licensing bylaws, municipal planners should apply a human rights lens, to see if they might have an impact on Code-protected groups. Situations can change, and so municipalities should regularly monitor for these impacts.

Rental housing bylaws discriminate if they cause someone to be disadvantaged in a protected social area – like housing – because of the person’s association with a protected ground. If a bylaw is found to be discriminatory, a municipality would have to show that the absence or variation of the bylaw would cause them “undue hardship” in terms of health and safety or cost ramifications.

Under the Municipal Act, 2001 and the City of Toronto Act, 2006, municipalities have broad powers to pass bylaws (subject to certain limits) on matters such as health, safety and well-being of the municipality, and to protect persons and property.[2]

May 2013 - Room for everyone: Human rights and rental housing licensing addresses how licensing provisions in municipal bylaws may disadvantage groups protected by Ontario’s Human Rights Code (the Code), gives an overview of human rights responsibilities in licensing rental housing, and makes recommendations to help municipalities protect the human rights of tenants.

1999-2000 Actual Year-End Financial Position ($’000)   1999-00 Printed Estimates Year-End Budget Adjustments Revised Budget Mar. 31, 2000 Actual Expenditure Mar. 31, 2000 1999-00 Interim Year-End Variance % of Revised Budget Salaries & Wages

Decisions Breach of Settlement Brad Bergman v. 474134 Ontario Limited, c.o.b. as Westwind Inn, Kristi Jensen Ethnic Origin Quereshi v. The Board of Education for the City of Toronto Alfred Abouchar v. Metropolitan Toronto School Board et al. Handicap Bob Brown v. Famous Players Inc. and Capital Square Theatre) Race