Persons with disabilities, who have had disabilities, or who are perceived to have or have had disabilities are protected against discrimination in all of the social areas of the Code.
Drug and alcohol testing are of particular concern in the workplace, notably for those Ontario employers that have safety sensitive operations, and/or that are subject to U.S. regulatory requirements (e.g. the trucking industry)[3] or to the policies of U.S. affiliates with “zero tolerance” for the consumption of drugs or alcohol. For this reason, this Policy focuses on the workplace. However, it applies to other social areas as well.[4] For example, the OHRC has taken the position that drug or alcohol testing as a prerequisite to eligibility for basic income support programs is also prima facie discriminatory.[5]
It should be noted that international and interprovincial transportation companies are under federal jurisdiction.[6] Thus airlines, interprovincial trucking and bus services are subject to the federal Canadian Human Rights Act[7] and not provincial human rights laws.
[3] Most employers who are subject to U.S. commercial motor vehicle regulations are likely to be under federal jurisdiction under the Canadian Human Rights Act. However, even provincially regulated companies that may have only the occasional driver seeking to enter the U.S. are also subject to regulatory requirements for drug and alcohol testing in order to enter the U.S.
[4] There are five social areas covered in the Code. These are employment, accommodation (housing), goods services and facilities, membership in vocational associations and contracts.
[5] Letter from Chief Commissioner Keith C. Norton to the Hon. John Baird, Minister of Community and Social Services (unpublished, July 1999). The OHRC expressed concern about the Government’s announced plans to test welfare recipients for drugs or alcohol.
[6] Section 91 of the Constitution Act, 1867.
[7] R.S.C. 1985, c. H-6.