The Commission

27. (2) The Commission shall be composed of such persons as are appointed by the Lieutenant Governor in Council.

Amend to add appointment criteria:

(a) experience, expertise, interest in and sensitivity to human rights;
(b) representative of the diversity of Ontario’s population.

Annual report

31.2 (1) The Commission shall make a report to the Minister no later than June 30 in each year upon the affairs of the Commission during the year ending on March 31 of that year.

Amend to provide that:

The Commission would make an annual report to the people.

Report tabled in Assembly

(2) The Minister shall submit the report to the Lieutenant Governor in Council who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session.

Amend to provide that:

The Commission would deliver the report to the Speaker who would lay the report before the Assembly.

Human Rights Reports

No provision in Bill 107

Amend to provide that:

The Commission would be able to make any other reports respecting human rights as it considers appropriate and could present such reports to the public or any other person it considers appropriate.

Public Inquiry

No provision in Bill 107.

Amend to provide Commission with public inquiry powers, including:

power of entry
power to examine records, documents or things etc.
power to question any person
power to require assistance in compiling information
power to enforce compliance

Application by Commission

36. (1) The Commission may apply to the Tribunal for an order under section 43 if the Commission is of the opinion that,
(a) there are infringements of rights under Part I that are of a systemic nature and that the Commission has not been able to adequately address under Part III;
(b) an order under section 43 could address the systemic issues; and
(c) it would be in the public interest to make an application under this subsection.

Amend to remove paragraphs (a), (b) and (c) and to provide that:

The Commission could bring an application if it is of the opinion that the application is in the public interest.

Intervention by Commission

No provision in Bill 107.

Amend to provide that:

The Commission would have the right to intervene in any proceeding before the Tribunal, subject to the Tribunal’s rules.

Tribunal

32. (1) The Tribunal known as the Human Rights Tribunal of Ontario in English and Tribunal des droits de la personne de l’Ontario in French is continued and shall be composed of such members as are appointed by the Lieutenant Governor in Council.

Amend to provide that:

Members of the Tribunal would have expertise in human rights.

Rules governing practice and procedure

34. (1) The Tribunal may make rules governing the practice and procedure before it.

Disposition of applications
37. (1) The Tribunal shall dispose of an application under this Part through a hearing or through any alternative dispute resolution mechanism provided for in the Tribunal rules.
(2) The Tribunal shall adopt the most expeditious method of disposing of an application on the merits.

Amend to provide that:

The Tribunal would be able to make rules of practice and procedure, including alternatives to traditional adversarial or adjudicative procedures where the Tribunal is of the opinion that the rules will facilitate fair, just and expeditious resolutions on the merits of the matters before it.

An application that is within the jurisdiction of the Tribunal could not be finally disposed of without affording the parties an opportunity to make oral submissions.

Application by a person

35. (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 42,
(a) within six months after the incident to which the application relates; or
(b) if there was a series of related incidents, within six months after the last incident in the series.

Amend to provide that:

The limitation period to file a complaint would be extended to one year.

Dismissal of proceeding without hearing

41. (1) The Tribunal may dismiss a proceeding, in whole or in part, without a hearing, if,
(a) the proceeding is frivolous, vexatious or is commenced in bad faith;
(b) the proceeding relates to matters that are outside the jurisdiction of the Tribunal;
(c) some aspect of the statutory requirements for bringing the proceeding has not been met;
(d) the application is made under section 35 and the facts alleged in the application, even if true, do not disclose an infringement of a right of the applicant under Part I;
(e) the application is made under section 36 and the facts alleged in the application, even if true, do not disclose infringements of a right under Part I that are of a systemic nature;
(f) the application is made under subsection 45.1 (3) and the facts alleged in the application, even if true, do not disclose a contravention of a settlement; or
(g) the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of an application.

Delete all paragraphs except paragraph (g).

Fees

45.2 Subject to the approval of the Minister, the Tribunal may establish and charge fees for expenses incurred by the Tribunal in connection with a proceeding under this Part.

Delete provision.

Legal and other services

46.1 (1) The Minister may enter into agreements with prescribed persons or entities for the purposes of providing legal services and such other services as may be prescribed to applicants or other parties to a proceeding before the Tribunal.

(2) An agreement under subsection (1) may provide for the payment for the services by the Ministry.

Amend to provide that:

The Minister would establish a Human Rights Legal Support Centre to provide a range of services including information, support, advice, assistance and legal representation.

The Minister would fund the Legal Support Centre.

The services would be available, where needed, across the province.

Any person who is, has been, or may be an applicant seeking a remedy at the Tribunal would be eligible for the Centre’s services.