The January 1, 2014 deadline to comply with a number of standards in the Integrated Accessibility Standards regulation (the “IAS Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) is fast approaching for many organizations. In this FTR Now, we provide a brief overview of some key obligations required by that date….
Practice Area: Human Rights
Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations
In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…
Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”
On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…
Consultation Process on HRTO Rules Announced
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…
Federal Gender Identity, Gender Expression Bill Passes Third Reading
On March 20, 2013, Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), a Private Member’s Bill, passed Third Reading in the House of Commons and proceeded to the Senate for debate. If passed, Bill C-279 will add gender identity and gender expression as…
Accommodating Childcare Needs: Understanding Your Obligations
In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
AODA Accessible Built Environment: Consultation Paper on Proposed Changes to Building Code Released
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…
New AODA Built Environment Standards Regulations Filed
On December 17, 2012, the Ontario government filed two regulations amending the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, regulations enacted under the Accessibility for Ontarians with Disabilities Act, 1995 (“AODA”). O. Reg. 413/12 adds new Built Environment Standards on the design of public spaces to the Integrated Accessibility Standards regulation (O….
The Federal Contractors Program: What Employers Need to Know
While human rights legislation in all Canadian jurisdictions prohibits discriminatory hiring practices, only the federal government has legislation, the Employment Equity Act, which requires employers to engage in a review of their employment and hiring practices to ensure the diversity of their workforces. The Employment Equity Act, however, only applies to that subset of employers…