Human Resources Legislative Update

Gender Identity, Gender Expression Amendments to Human Rights Code Now In Force

Human Resources Legislative Update

Gender Identity, Gender Expression Amendments to Human Rights Code Now In Force

Date: July 3, 2012

On June 19, 2012, Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012 received Royal Assent and came into force on that date.

As previously reported, Bill 33 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)).