Human Resources Legislative Update - Legislative Developments in Human Resources Law

The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”).

One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious litigants. Since 2008, the HRTO has developed a body of jurisprudence which reflects how it will deal with litigants who fail to be respectful of the Tribunal’s processes. The new general rules of the SJTO cluster (which will apply to the HRTO) include specific rules regarding “Courtesy and Respect” and “Abuse of Process”.  Other new rules include some clarification about litigation guardians for minors as well as some further guidance on who may represent a party at an HRTO hearing.

The proposed new Rules are posted. Any comments on the proposed changes are invited by May 31, 2013.

The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including:

• Renovations
• Barrier-free path of travel (common access and circulation)
• Vertical access (elevators)
• Visitable suites in multi-unit residential buildings
• Adaptable design and construction
• Visual fire alarms
• Washrooms
• Use of educational materials and resources

As previously reported, the AODA Integrated Accessibility Standards regulation was recently amended with the addition of new built environment standards on the design of public spaces.

The government has invited comment on the consultation paper and potential technical changes, to be received no later than March 1, 2013.

On August 15, 2012, the Ontario government published proposed amendments to the Integrated Accessibility Standards Regulation (IAS) (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005 for public consultation. The amendments, once finalized, are expected to come into force the later of January 1, 2013, or the day they are filed.

The bulk of the proposed amendments would establish new standards for “new” or “redeveloped” accessible public spaces, such as:   

• recreational trails;
• beach access routes;
• outdoor public use eating areas (e.g. public parks, hospital grounds, university campuses);
• outdoor play spaces (e.g. areas that may contain play equipment such as swings, or features such as logs, rocks, sand or water where the equipment or features are designed to provide play opportunities and experiences for children and caregivers);
• exterior paths of travel, including those with ramps, stairs, curb ramps, depressed curbs, accessible pedestrian signals, and rest areas;
• accessible parking spaces;
• service counters, fixed queuing guides, and waiting areas; and
• maintenance of accessible elements.

Compliance dates for the proposed new public spaces standards range from 2015 to 2018 depending on the size and type of organization (public, private, not-for-profit). Small private and not-for-profit organizations are exempt from some of the proposed new standards. Accessibility reports would be filed as follows:

• annually for government bodies and the legislative assembly as of December 31, 2013;
• every two years for designated public sector organizations as of December 31, 2013;and
• every three years for large organizations as of December 31, 2014.

The rest of the proposed amendments address specific provisions of the current Accessibility Standards for Customer Service and the Integrated Accessibility Standards regulations.

Interested persons and stakeholders are invited to submit comments on the proposed amendments by October 1, 2012.

For more information on the IAS, see our FTR Now of June 9, 2011, “Ontario Government Releases Final Integrated Accessibility Standards Regulation Under the AODA­.”

On June 13, 2012, a Private Member Bill with three-party support passed at Third Reading, as amended by the Standing Committee on Social Policy.

Bill 33, Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012 amends the Human Rights Code to specify that every person has a right to equal treatment without discrimination because of gender identity or gender expression with respect to:

• services, goods and facilities (s. 1);
• accommodation (ss. 2(1));
• contracting (s. 3);
• employment (ss. 5(1)); and
• membership in a trade union, trade or occupational association or self-governing profession (s. 6).

The Bill also amends the Code to specify that every person has a right to be free from harassment because of sexual orientation, gender identity or gender expression with respect to accommodation (ss. 2(2) and 7(1)) and employment (ss. 5(2) and 7(2)).

The terms “gender identity” and “gender expression” are not defined in the legislation, however the debates suggest that the amendments are intended to provide trans (i.e. transgender and transsexual) persons with explicit protection under the Code.

The Bill will come into force on Royal Assent.

On September 2, 2010, the Ontario government published the proposed integrated accessibility regulation (“IAR”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) for public review and commentary.

As previously reported, the IAR initiative combines the information and communications, employment and transportation standards into a single, integrated regulation, intended to make them "more flexible" for business.

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